Media Release 13th May 2011 POPCRU continues to expose the Department of Correctional Services on non-a dherence to policy matters POPCRU has launched a Labour Court Application on the unilateral implementation of Housing Policy by the Department of Correctional Services for Officials. DCS
The labour Court ruled in favour of POPCRU’s favour and found that the Department was obliged to enter into a collective bargaining process with POPCRU in determining the Housing Policy. This same policy approved by the Minister of Correctional Services on 01st December 2009, was accordingly reviewed and set aside. The Union sought to review the policy on three grounds; · That it contends that the authority to determine the conditions of occupation of the official accommodation does not vest in the Minister, but in the National Commissioner and that the Minister’s approval of the policy was ultra vires, · That the Minister failed to consult with Trade Unions over the contents of the policy, · and that there is no rational. In terms of the [repealed] Correctional Services Act of 1959 “the Minister may make regulations as to the occupation of official quarters by Correctional Officials”. The Correctional Services regulations were published on 31 December 1965 and in terms of regulation 25 the “Commissioner may allocate any official quarters on Correctional Officials for occupation and regulate the Correctional Official to occupy such quarters for such period and under such conditions as may be special or generally determined by him”. The Labour Court further pointed out that “the exercise of public power must be lawful and it must not be arbitrary or irrational”. On the basis of arguments presented, the Minister and the Department failed to consult with Labour in generally, and POPCRU in particular, about the contents of the policy. This is reviewable irregularity on the grounds of legality. And same is on the basis of legality and in terms of Section 158 [1] [h] of the Labour Relations Court. Through this judgement, we have once again exposed lack of visionary leadership and capacity to deal with collective bargaining matters within the Department of Correctional Services on the basis that, in numerous meetings prior to the approval of this Housing Policy, we pleaded with the Department to enter into discussions with us on this policy; and our plea fell on deaf ears and the results of the Labour Court are embarrassing moment for management. We urge all our members to remain vigilant and ensure that this judgment is circulated and enforced fully. A POPCRU Member is our priority! For more information contact: POPCRU General Secretary-Cde Nkosinathi Theledi 0825677803 POPCRU National Negotiator-Cde Victor Dladla 0827126972 Issued by: Mampane Norman National Spokesperson Police and Prisons Civil Rights Union Tel: 0112424600/4615 Cell: 0720737959 Email: [email protected] www.popcru.org.za 01 Marie Road AucklandPark 2006 -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] .
