READ TO THE END! . SADTU notes that the MTT has deviated from its mandate and focussed on matters unrelated to its mandate. SADTU believes that this amply demonstrates that the MTT commenced this investigation with a pre-conceived mind and this explains the apparent bias towards SADTU and its members. . SADTU calls upon the MTT to declare in public that its investigation was not influenced by any political or other pressure to target SADTU as part of the broader mass democratic movement and to discredit the overall socio-economic and political change process driven by the mass democratic movement. . SADTU calls upon the MTT to provide official reasons in public for its failure to have the plethora of allegations made against SADTU and the Tripartite Alliance tested and the parties afforded an opportunity to refute such allegation prior to making the conclusions the MTT has made in its report.
_____ SADTU3 SADTU Update, February 2016 Speaker's Notes and Booklet for the 2016 Education Workers' Forums Full Contents (present sections in bold): Introduction Pseudo Movements Defending Collective Bargaining The Privatisation of Education Migration of TVET Lecturers in terms of the Public Service Act Government Employees' Medical Scheme (GEMS) Government Employee Housing Scheme (GEHS) 2016 Retirement and Tax Reforms Record of NEC Decisions on MTT recommendations Conclusion Record of NEC Decisions on MTT recommendations RECORD OF DECISIONS OF OUR NATIONAL EXECUTIVE COMMITTEE (NEC) (28 January 2016) ON THE FINDINGS AND RECOMMENDATIONS OF THE MINISTERIAL TASK TEAM (MTT), INTO ALLEGATIONS OF IRREGULAR APPOINTMENT OF EDUCATORS AT SCHOOL. A. FINDINGS RELATING TO MATTERS OF ADMINISTRATION. A1. On the findings of the MTT on whether SADTU as a union played any role in irregular appointment of educators at schools. NEC Resolution: . The MTT should be called upon to provide direct cogent evidence of its findings or withdraw unconditionally any suggestion that SADTU was involved and/or played any role in any irregular appointment. . The MTT should be called upon to indicate and provide cogent evidence of the relationship between the membership of the individual members in respect of whom it investigated, such membership and the role played by SADTU in any alleged role by such members in any irregular appointment and to provide evidence of such irregular appointments and the role played by SADTU. A2. On the findings of the MTT on whether officials and members of SADTU played any role in the irregular appointment of educators at schools. NEC Resolution: . SADTU does not condone the appointment of any person who does not hold appropriate qualifications for any post in the public service. SADTU calls on the MTT to verify the qualifications of those members whose qualifications it finds questionable with the South African Qualifications Authority. SADTU is undertaking its own independent process to verify those qualifications and should it be found that any of its members were appointed without the requisite qualifications SADTU will take decisive action against such members including but not limited to their expulsion. . Members and officials of SADTU who are implicated and/or found to have played any role in irregular appointments must where sufficient evidence exist be subjected to disciplinary and other action prescribed in law. SADTU resolves to conduct its own independent investigation in the conduct of such members and will take appropriate action should any evidence be found of wrongdoing on the part of such members or officials in line with the Constitution of SADTU. . SADTU resolves that in those instances where persons who lodged complaints and failed to provide evidence to support their allegations, disciplinary and other actions be taken against such person. SADTU therefore calls upon the government to take appropriate action against such persons. . To the extend person who lodged complaints with the MTT well aware that those matters were already adjudicated upon, such persons abused the process of the MTT and to face consequences for such abuse. . SADTU further resolves to call upon all members to give their full cooperation to any agency in the implementation of any actions against those found to be involved. B. FINDINGS RELATING TO MATTERS OF A POLITICAL NATURE B1. On the findings of the MTT on the issue of the alleged cadre deployment by SADTU. NEC Resolution: . SADTU rejects the allegations of the MTT with regards the alleged cadre deployment. SADTU calls upon the MTT to provide evidence to support the allegations of a cadre deployment programme and to provide specific evidence of any person or persons who was appointed as a result of any such cadre deployment. Should the MTT fail to provide any such evidence, the MTT is called upon to unconditionally withdraw any such allegations and tender an apology to both SADTU and its members. . Whilst SADTU acknowledges possible isolated instances where unqualified persons were appointed, SADTU rejects any suggestion that the overwhelming members of the teaching profession are unqualified or appointed to positions where they are not suitably qualified for. SADTU calls upon the MTT to provide evidence of any appointments of an audit of the qualifications of teachers in general and its members in particular who are not qualified in the positions in which they are appointed. Should the MTT fail to provide such evidence, the MTT is called upon to unconditionally withdraw any such allegations. . SADTU rejects the allegations of corruption levelled against it by the MTT and calls upon the MTT to either lay charges of corruption against SADTU or provide evidence of any such corruption or withdraw the allegations and tender an unconditional apology. B3. On the findings of the MTT with regards the investigation report by SACE and the alleged domination and manipulation of SACE by SADTU. NEC Resolution: . SADTU reaffirms its position that SACE is a professional body for educators by educators structured as agreed between the parties to SACE. SADTU further reaffirms its position that the representation on the SACE Board accords with proportion of the constituents of SACE and therefore rejects any suggestion of the alleged domination and manipulation. . SADTU places on record that it has at no stage seen any report prepared by SACE tabled at any SACE Board meeting or discussed at any board meeting or discussed by SADTU or its officials. SADTU therefore rejects any suggestion that it embargoed any SACE report and demand that the MTT provide proof of the existence of such a report as well as the evidence that SADTU embargoed any such report. . SADTU further resolves that should the MTT fail to produce such proof and evidence, the MTT is required to make an unconditional apology to SADTU for making such unfounded allegations. B4. On the findings of the MTT on the issue of the relationship between the ANC, SACP and COSATU and the alleged use by SADTU of these structures to advance corrupt appointments. NEC Resolution: . SADTU notes that the MTT veered off its terms of reference and entered a political space. SADTU takes strong exception to the MTT probing its political relationship which SADTU is entitled to have and distorting facts to create an impression of a corrupt political establishment. . SADTU also rejects any proposition that its leaders are preoccupied with securing positions in parliament and Cabinet. . SADTU reaffirms its confidence and trust in its former leaders who through the processes of the Tripartite Alliance are deployed in parliament and Cabinet. . SADTU consequently calls on the MTT to clarify its interest in the political relationship between SADTU and the tripartite alliance and to provide evidence of its allegations or unconditionally withdraw any such allegations and apologise to SADTU and those former members and leaders who now occupy positions in parliament and Cabinet. C. FINDINGS OF THE MTT WITH REGARDS SCHOOL GOVERNING BODIES. NEC Resolution: . SADTU reiterates its position that School Governing Bodies are organs of mass participation intended to provide a structured platform for the effective participation of parents and communities in the education of their children. SADTU further reaffirms its position that as education is a societal issue, any attempt to limit community and parental participation in the affairs of the schools will undermine this principle. . SADTU rejects any suggestion and views that as an insult that illiteracy and poverty provide a basis for any conclusion that parents may be for that reason manipulated. On the contrary SADTU holds a view that the participation of parents in rural areas in particular despite the various limitations accounts for a significant contribution in the education outcomes. . SADTU further affirms the rights of parents and communities to elect into leadership positions through a democratic process members of School Governing Bodies regardless of the level of education and does not believe in any proposition that lack of formal education reduces parental responsibility. . SADTU notes the attempt by the MTT to reintroduce the concept of state schools and to reverse the transformational approach from state schools to public schools and reject with the contempt it deserves any such approach. SADTU reiterates its position that schools must remain public schools and the true owners must remain the communities the school serve. . SADTU resolves that any proposition to reduce the powers of School Governing Bodies be rejected and that more resources be made available for capacity building programmes for School Governing Bodies. D. FINDINGS REGARDING THE PERFORMANCE OF SCHOOLS LED BY SADTU MEMBERS. D1. Findings of the MTT on the alleged role of SADTU in preventing the provision of proper education and the alleged advancement of self-interest. NEC Resolution: . SADTU notes that the conclusions of the MTT are based on the biased views of the members of the MTT against SADTU and its members and are not based on objective facts. The MTT has not investigated the performance of many schools under the leadership of SADTU members who have performed above the national target. . SADTU notes that a number of schools under the leadership of members of SADTU in various provinces performed above the national target of 70% in the 2015 NSC examinations. . SADTU acknowledges the many of its members who received awards for high performance in the various categories following the performance of their schools. SADTU believes these are examples of pockets of excellence which the MTT has elected to ignore. . SADTU rejects the suggestions and innuendo of the MTT which are neither factual nor based on objective facts and calls upon the MTT to withdraw any such allegations. E. FINDINGS RELATING TO MATTERS INVOLVING RIGHTS OF MEMBERS. E1. On the findings of the MTT regarding the issue of membership and recruitment. NEC Resolution: . SADTU wishes to reiterate that the rights of workers to belong to a union of their choice is a right guaranteed in terms of the Bill of Rights. SADTU rejects any attempt to limit any such right by way of an executive decree and not in line with the procedure set out in the Bill of Rights of requiring rights to only be limited by a law of general application. . SADTU further rejects any attempt through the process of the MTT or any other process to water down the structures, systems and procedures set out in the Labour Relations Act to give effect to the right of workers guaranteed in the Bill of Rights. . SADTU notes with contempt the attempt by the MTT to introduce apartheid era policies into our democratic system. E2. Findings of MTT regarding the relationship between the Department and SADTU. NEC Resolution: . SADTU reaffirms its position that its primary responsibility as a trade union is towards its members. SADTU further reaffirms its position that it has the right to enforce its collective bargaining rights and to insist on compliance by the Department with collective bargaining processes and systems. . SADTU reaffirms that the Department as an employer is required to contribute to labour peace by not taking unilateral decisions which have adverse implications for members. F. APPROACH AND METHODOLOGY MTT. F1. On the failure to base findings on evidence and objective facts. NEC Resolution: . SADTU believes that the conclusions and findings of the MTT in many respects are not based on objective facts or supported by evidence. . SADTU further questions the methodology and approach adopted by the MTT which did not include obtaining any evidence either on a sample bases as an accepted best practice to make certain conclusions. For instance SADTU rejects a conclusion of wholesale irregularities in appointments in the absence of an audit at the least on sample basis to determine whether specific irregularities occurred in the appointment process. SADTU also rejects conclusions based on perceptions where no perception surveys were conducted. . SADTU further notes that the MTT mainly relied on one newspaper article despite creating an impression that there was extensive media coverage. Whilst SADTU recognises the responsibility of media to report on matters of public interest, SADTU equally rejects the propagation and reliance on untested media reports. . SADTU notes that various persons and organisations are alleged to have made various adverse reports and expressed negative views about SADTU. SADTU notes that the MTT has not at any stage provided SADTU with an opportunity to respond to such reports and views on the strength whereof the MTT based its conclusions and findings. . SADTU notes that the MTT has deviated from its mandate and focussed on matters unrelated to its mandate. SADTU believes that this amply demonstrates that the MTT commenced this investigation with a pre-conceived mind and this explains the apparent bias towards SADTU and its members. . SADTU calls upon the MTT to declare in public that its investigation was not influenced by any political or other pressure to target SADTU as part of the broader mass democratic movement and to discredit the overall socio-economic and political change process driven by the mass democratic movement. . SADTU calls upon the MTT to provide official reasons in public for its failure to have the plethora of allegations made against SADTU and the Tripartite Alliance tested and the parties afforded an opportunity to refute such allegation prior to making the conclusions the MTT has made in its report. Conclusion SADTU doesn't condone corruption, fraud and non-meritorious appointments. Selling of posts is counter-revolutionary and any member found guilty of this act must be harshly dealt with. Members are called upon to defend this fighting Union, SADTU. Collective Bargaining and Consultations at NEDLAC, PSCBC and ELRC must be defended. We are COSATU and we shall not allow unilateral policy declaration on any matter. -- -- 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. 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