�They want to tame us�-BOFEPUSU
Innocent Selatlhwa | Friday July 8, 2016 16:04
BOFEPUSU secretary general, Tobokani Rari wrote to Directorate of Public Service Management (DPSM) boss Ruth Maphorisa, seeking reasons for wanting to depart from having the selection of the secretary of the council being a joint responsibility of both the government and trade unions sitting at the Public Service Bargaining Council (PSBC). The Bill provides that the secretary of the PSBC shall be an employee of DPSM, and appointed by the permanent secretary to the President (PSP).
A clause in the Bill deletes prevention and resolution of labour disputes as a function of the PSBC. “The PSBC has been functioning effectively as a forum for dispute resolution. It assists with evenly distributing the workload of dispute resolution,” Rari wrote.
He argues that it is the more ideal forum for public servants with grievances against government as the officers presiding over the disputes are not public servants. He said it is furthermore open to everyone regardless of whether they are unionised or not and regardless of whether their union forms part of the PSBC. BOFEPUSU wants the rationale for the proposed change.
BOFEPUSU is unhappy with a clause incorporating a provision allowing government to confer a benefit on an employee notwithstanding ongoing negotiations. “The aforementioned proposed amendment runs contrary to the spirit of negotiating in good faith. The hallmark of negotiating in good faith is that an employer must not take any steps averse to the party negotiating on behalf of its members,” Rari wrote. He further stated that to confer a benefit on employees whilst negotiations are ongoing makes a complete mockery of the entire bargaining process. He said it automatically tilts the scales in favour of the government.
BOFEPUSU is also against a clause providing that recognition will entitle a union to one seat at the PSBC. They argue that the implication of this provision is simply that a union like the National Amalgamated Local, Central Government and Parastatal Workers Union (NALCGPWU) which has more than 20,000 members will have the same voice as a union like Trainers and Allied Workers Union (TAWU) which has less than 200 members.
Another clause incorporates a proviso restricting representatives of trade unions admitted to the PSBC to public officers. BOFEPUSU argues that unionists like Johnson Motshwarakgole and Ketlhalefile Motshegwa have been targeted with what the federation views as a drastic departure from International Labour Organisation (ILO) standards as well as local case law, which has authoritatively pronounced on the issue.
Besides those that BOFEPUSU responded to, the proposed Bill will see stringent punishment for those charged with misconduct.
Those suspended will not be guaranteed full salary, but nothing less than half their salary. Misconduct on engaging in an amorous or sexual relationship affects all public officers as opposed to teachers in the current Act. Reduction of salary as punishment will not need the employee’s consent as is the case currently.