Media Release 05th October 2011 Essentialization of Traffic Departments dismissed in favour of Labour Police and Prisons Civil Rights Union pursued a matter before the Essential Services Committee [ESC] in which the Road Traffic Management, Department of Transport and Provincial Departments in which Traffic Officers are employed under; such as Department of community services, Department of Public Roads, Public Safety, Roads and Transport, Safety and Liaison were the Applicants, as many of these Departments are still fragmented, with different names across all Provinces. And POPCRU, NEHAWU and PSA were appearing before the ESC as Respondents. This matter was having a potential to affect almost 5 316 employees, who are located in these departments. The matter was brought as far as march 2010 based on the provision of Section 71[1] and Section 70[2][a] which spells that the ‘ESC must conduct investigations as to whether or not the whole or a part of any service is an essential service, and then decide whether or not to designate the whole or a part of that service as an essential service’. Some of the arguments raised by Labour were that workers have a right to strike as supported by Section 23[2] of the Constitution of the Republic of South Africa, which says ‘every worker has the right to strike’ and Section 64 [1] of the Labour Relations Act as amended, which confirms that, ‘every employee has the right to strike’. And such arguments were duly supported by the Labour Court ruling in 2007 which alluded to a fact that ‘it is the service that is essential not the industry’, on the cases; SAPS v POPCRU and other [2007] 28ILJ2611 [LC]. The Labour Appeal Court confirmed that ‘not all SAPS employees are engaged in Essential Services and that the wide interpretation sought by SAPS was incorrect’.And such footings were cemented by the ESC on this application. The final determination by the Essential Services Committee was that ‘it finds that the service in respect of which the designation as sought by the applicants, does not meet the interpretation of an essential service, and the application is consequently dismissed’. POPCRU welcomes the determination and we are hoping that the Employers referred to as Applicants will honour the determination, by respecting its implementation. A POPCRU Member is our priority! For Enquiries: POPCRU Deputy General Secretary-Cde Lebogang Phepheng 0823728968 POPCRU Head of Department: Collective Bargaining-Cde Simon Madini 0738501301 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 Auckland Park 2006
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