Constitutional Court Ruling: Adherence to labour legislation essential to prevent policing disruptions
The Democratic Alliance (DA) takes note of the ruling handed down by Judge Nkibinde of the Constitutional Court today in the matter brought by the South African Police Services (SAPS) against the Police and Prisons Civil Rights Union (POPCRU), regarding the classification of SAPS employees as essential service workers.
This matter was taken to the Constitutional Court by the SAPS in an attempt to ensure that there could be no missing links in the chain of police functioning through police administration and support staff engaging in strikes.
The DA will be studying the full ruling in detail.
Judge Nkibinde found in the favour of POPCRU, ruling that only members of the SAPS employed under the South African Police Service Act are considered to be engaged in essential services. This means that SAPS employees employed under the Public Service Act do have a right to withhold their labour through legal strike action under Section 23 of the Constitution, and that this right should not be limited.
The DA recognises the constitutional right of workers to express legitimate grievances by participating in legal strike action. However, the potential for those employees who are not classified as essential service workers to disrupt the effective functioning of the SAPS through strike action is a cause for concern. It is particularly worrying given that the effective functioning of the SAPS is vital to ensuring the safety of citizens and property when large-scale strike action occurs.
In light of today's ruling, the DA urges POPCRU to be mindful of the necessity of an effective police service, and to respect labour legislation regulating strike action. This is essential to ensure that strike action by SAPS administration staff does not disrupt essential police services and put the safety of South African citizens at risk.
Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, June 9 2011
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