The Department of Justice and Constitutional Development could be faced with court action by the Public Servants Association of South Africa (PSA) for failing to ensure justice for its legally-qualified professionals.

On 3 July 2008 the PSA referred a dispute with the Department of Justice and Constitutional Development to the General Public Service Sectoral Bargaining Council based on the Department's failure to properly implement the occupational-specific dispensation (OSD) for its legally-qualified professionals.

This resulted on 2 September 2008 in a settlement agreement between the PSA and the Department with a view to resolve the dispute. In terms of the agreement the implementation of the OSD would occur in two consecutive phases. The first phase deals with the translation of employees with effect from 1 July 2007 and the second phase addresses the verification of the qualifications and experience of all employees who qualify for the OSD.

"In terms of the settlement agreement, the second phase should have been finalised and payment implemented retrospectively to 1 July 2007 on or before 31 March 2009. Despite numerous requests, the Department has to date failed to implement the settlement agreement. The PSA has thus had no option but to take the matter to Court demanding specific performance in order to protect our members' rights", said PSA Deputy General Manager, Manie De Clercq.

"The PSA has also written a letter to the Minister of Justice and Constitutional Development, requesting an urgent meeting to discuss the matter and to insist that the OSD for Legal Personnel, and in particular State Prosecutors, be implemented as a matter of urgency", said De Clercq.

"The PSA will, however, also continuing with legal processes to enforce the settlement agreement that is now more than two years overdue," said De Clercq.

Statement issued by Manie de Clercq, Public Servants Association, October 7 2010

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