NEHAWU CONCERNED ABOUT THE PALPABLE DEARTH OF LEADERSHIP AT THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

NEHAWU is deeply concerned by the department of Justice and Constitutional Development's {DOJ & Cd} flippant and casual approach to worker issues and their tolerance of nefarious activities by their senior employees in the department. This follows failure of the department to resolve a number of issues raised by workers, including the lack of transformation, corruption and nepotism allegations within the department.

The union is currently engaging its members at DOJ & Cd and NPA to discuss the department's failure to show commitment in working with the union to resolve a number of pertinent issues that were discussed and agreed upon at the departmental bargaining chamber and in a series of multilateral meetings since 2010.

NEHAWU declared a dispute on the 30th June 2011 which resulted in both parties going for conciliation at the General Public Service Sector Bargaining Council{GPSSBC} on the 8th July 2011.The conciliation process failed resulting in the commissioner issuing us with a certificate of non resolution. This gives us a right to consider a strike action and currently we are holding pickets and justice forums around the country with the intention to solicit and consolidate a mandate from our members.

Amongst the issues contained in our dispute are the following:

a)  Lack of transformation in particular at the NPA

Senior positions of prosecutors are still occupied by mainly white males. The department also failed in terms of section 165 of the constitution of the SA (Act 108 of 1996) to separate judiciary from administration as a result the judiciary still interferes in administration including on issues of appointments.

b)  Failure to do Job Evaluation for Administration

The separation of judiciary from administration resulted in the creation of posts of Court and Area Managers. These managers were also supposed to perform Quasi-Judiciary functions as delegated to them through section 13 of the Magistrates Act, however the department still failed to do job evaluation in order remunerate them correctly hence salary discrepancies amongst the officials exist.

c)  Salary Disparities of Maintenance Officers and Investigators

The department has failed to implement the 2004 job evaluation outcomes on salaries of Maintenance Officers and Investigators in a uniform manner hence there are salary disparities.

d)  Career Pathing of Court Interpreters

The employer signed an agreement with labour on the job evaluation of court interpreters which was going to address issues of career pathing for them. Despite the undertaking the employer has failed to implement the agreement.

e)  Investigation Report

The union raised allegations of corruption, nepotism and mismanagement which the employer ultimately investigated but after concluding the investigation they withheld the report from the stakeholders and the public and also failed to act on their findings. NEHAWU then decided to approach the Hawks with evidence, this resulted in the arrest of some senior managers in Gauteng. The arrested managers will appear in Roodepoort Court on the 15th September 2011. Members of the union in and around Johannesburg will picket outside the court tomorrow to demand that Justice be done against the corrupt elements.

It is our firm view that such investigation must be conducted across the country to root out corrupt elements from running our courts. The union calls on the Minister of Justice to intervene because it is unacceptable that one of the most important and strategic departments is facing a possible strike action. We remain committed to constructive engagement but we will never allow the victimisation of our members and the liquidation of the justice system on our watch.

Transformation is not a slogan so we expect those tasked with ensuring that it happens, to account for their failures.

Statement issued by Sizwe Pamla, NEHAWU Media Liaison Officer, September 14 2011

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