NEHAWU Welcomes Labour Court Order Holding The Minister of DPSA in Contempt of Court Failure To Force the Settlement Agreement Of The Public Service Strike


NEHAWU Welcomes Labour Court Order Holding The Minister of DPSA in Contempt of Court Failure To Enforce the Settlement Agreement Of The Public Service Strike

Thursday 29, 2024

DPSA Strike
Image Credit: DPSA.gov.za
The National Education, Health and Allied Workers’ Union [NEHAWU] welcomes the Labour Court interim order holding the Minister of Public Service and Administration in contempt of court for failing to implement the PSCBC settlement agreement born-out of NEHAWU strike in March 2023 which the Court declared as valid and enforceable. The order was handed down at the Labour Court today, the 29 August 2024.

As NEHAWU, we approached the Labour Court after the Department of Public Service and Administration [DPSA] on behalf of government failed to adhere to the Labour Court judgement that had declared the settlement agreement concluded at the Public Service Coordinating Bargaining Council [PSCBC] in 2023, binding and enforceable.

Immediately after obtaining the order enforcing the agreement, the union was courteous with government by issuing a letter of demand seeking government to comply with the court order, however this fell on deaf ears with the DPSA distancing itself from the agreement by saying in a special council meeting that they had adhered to the agreement. They further said that they shall not enter into any discussions for augmentation of the 2022/23 salaries of public servants with a percentage to be agreed by parties at the PSCBC.

This was a clear and deliberate breach of the court order enforcing the settlement agreement of our public service strike. Equally, it was a clear demonstration that DPSA does not even respect the Labour Court and its orders. Hence, we decided to approach the Court for a contempt order which is granted by court today.

The Labour Court determined inter alia that the Minister of Public Service and Administration is found to be in contempt of court and he must come to court accompanied by an affidavit on the 11th October 2024 to show cause why the interim order should not be made final.

As NEHAWU, we call on the DPSA to respect and uphold the Labour Court order enforcing the settlement agreement of the public service strike by implementing augmentation of the 2022/2023 salary increment with a percentage to be agreed by parties at the PSCBC.

Lastly, the union shall continue do everything at its disposal to enforce the implementation of this settlement agreement aimed at improving salaries of public servants as they are located at the centre of service delivery to better the living conditions of the most vulnerable components of society, the working class and the poor. NEHAWU remains resolute and unshaken in defence to collective bargaining and reversal of hard-won gains hence it shall use everything at its disposal to protect the rights of workers and better their conditions of service.

END


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Issued by NEHAWU Gauteng Secretariat
Zola Saphetha (General Secretary) at 082 558 5968;
December Mavuso (Deputy General Secretary) at 082 558 5969;
Lwazi Nkolonzi (NEHAWU National Spokesperson) at 081 558 2335 or email: lwazin@nehawu.org.za
Visit https://www.nehawu.org.za

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