BOPEU, BOFEPUSU war, nothing but a clash of egos � judges
Mpho Mokwape | Thursday April 28, 2016 18:00
The three-man bench of Justices Ian Kirby, Isaac Lesetedi and Monametsi Gaongalelwe said through the submissions of the two, they had failed to establish any legal issues pertaining to the fights.
BOFEPUSU was appearing before court on Tuesday appealing a recent Industrial Court decision that among others, prohibited them from being admitted into the Public Service Bargaining Council (PSBC).
Lesetedi in his constant questioning of the advocates for the parties had asked them to be specific on what were the real issues and what the fights were all about. He said he has failed to find any, but only identified ambiguity and loopholes in the PSBC constitution.
On the other hand, Kirby said if both parties agree that they belong to the bargaining council they should find a common ground to settle and allow negotiations to start rather than arguing about who belongs in the council and who doesn’t.
“Negotiations are on hold because the two trade unions are involved in squabbles that have no legal grounds, there must be a common ground for the negotiations to resume,” he said. The two parties were given until May 10 to explore possible common ground and settle the matter amicably.
Kirby said if by May 10 they have failed to settle, the bench will go ahead in preparing its judgment. Earlier on, Advocate Alec Freund for the Federation said the appeal was premised on that the trial court had failed to interpret the constitution of the PSBC particularly clauses 6 and 7.
He said therefore the court had failed to have regard to the statutory background and the context against which the council’s constitution was agreed to and the purpose sought be achieved by the constitution particularly the provisions pertaining to acting jointly arrangements (AJA).
“The court a quo also erred in failing to find that the manner in which the trade union side of the PSBC was constituted in November 2011 could not be brought into issue by BOPEU several years after,” he said.
Freud said the trial court failed in finding that BOPEU had a locus standi to seek any or all of the orders that were granted on the basis that it was the largest union which was admitted as a party to the bargaining council and that it had expressed its interest in continuing to be a member of the council.
BOPEU advocate appearing with Joseph Akoonyatse explained that the PSBC constitution was clear in defining that only recognised trade unions were admitted into the council.
He argued that only trade unions that are recognised by the government, as the employer, were entitled to be admitted as members of the bargaining council.
He said BOPEU was admitted into the council before they joined BOFEPUSU in the AJA therefore BOFEPUSU had no right to be in the council because they were admitted due to the AJA.