SADTU Memorandum of Demands: In Defense of Collective Bargaining and Quality Public Education

To: The Presidency
Republic of South Africa
Union Building, Pretoria 

From: The Secretariat
South African Democratic Teachers' Union
Matthew Goniwe House
49 Goud Street (off Marshall Street)
Johannesburg

MEMORANDUM OF DEMANDS IN DEFENSE OF COLLECTIVE BARGAINING AND QUALITY PUBLIC EDUCATION

We, the members of the teaching fraternity, jointly and severally aware of the great task bestowed on our shoulders to un-earth, nurture and developthe potential of the young generation of our country, who are crucial for the success and future socio-economic and political development of our countrFurther conscious of the enormity of the task at hand, and the required dedication on our part and the State to realize this noble goal;

And further, noting that the dismal performance and conduct of the Department of Basic Education under the leadership of Minister Angie Motshekga and her Director General Bobby Soobrayan, will make it impossible for the State to achieve its educational and developmental goals;

Therefore, in pursuit of the above noble goals and paramount values of this nation, we painfully as a last resort, hereby engage in rolling mass action to get rid of the obstacles to the success of this country and its people call on the Presidency to, without delay, relieve Minister Angie Motshekga andDirector-General Bobby Soobrayan from the Ministry of Basic Education, for among others having undermined the efforts of the State and progressive forces of this country in the following manner:

1. The Department of Basic Education (DBE) under Minister Angie Motshekga and her Director General Bobby Soobrayan, has undermined collective bargaining in the education sector and labour peace by treating the processes of the Education Labour Relations Council with disdain in unilaterally withdrawing from Collective Agreement No 1 of 2011;

2. The Minister's failure to dismiss the incumbent Director General of the DBE despite his admission that he had signed a collective agreement outside of the department's mandate, flouting the PFMA in the process. Unfunded mandate is a dismissible offence.

3. Unilaterally terminating the payment of rural allowance to qualifying educators in Limpopo;

4. The Minister's failure to implement section 100(1)(b) in the provinces of Limpopo and Eastern Cape.

5. The DBE, under Director-General Bobby Soobrayan, dismally failed to deliver all the required books for learners in 2012 and 2013;

6. Bobby Soobrayan continued to undermine government Supply Chain Management requirement in the procuring of learning and teaching materials;

7. It is only under this ministry that the public continues to be misled in terms of challenges we face as a nation,

8. On dealing with a cooperate governance.

9. Bobby Soobrayan has abused ELRC funds by using R8 629, 00 per night for Easter weekend;

10. The continuous blocking of the ELRC forensic investigation on the abuse of the ERLC funds by Bobby Soobrayan is a sign of disrespect to the State President who has made a call that education be an apex priority of government and a fight against corruption;

11. Bobby Soobrayan awarded a company that is linked to his fiancé a tender without following supply Chain Management regulation;

12. Failing to spend the conditional grants for infrastructure amounting to R800 million, leaving needy schools without basic infrastructure such as classrooms and toilets in Limpopo;

13. Failing to fill all vacant posts in the department, including posts of ECD and ABET Practitioners/Educators and improving their conditions of service;

14. Failing dismally to act on the Task Team's findings by Deputy Ministers on Section 100(1)(b) of the Constitution on the intervention in Limpopo, particularly on those findings that pointed out possible violations/breaches on the part of her Director-General Bobby Soobrayan, relating to procurement of text-books and other services from when the intervention started to date.

15. Her failure to apply parity on the 0,5% pay progression for teachers with the rest of the Public Service workers;

16. Deliberately misleading parliament that there was a draft to be signed on performance contracts for principals;

17. Failure to provide teachers with laptops as tools of trade as promised by her office. The Minister must stop misleading the nation that laptops have been given to teachers;

18. Failure to deal with overcrowded classrooms, because of her posture towards collective bargaining where Post-Provisioning Norms is supposed to be dealt with.

We therefore call on and demand that the President must exercise the powers bestowed on him by the Constitution or the supreme law of the land (and other laws applicable) and by extension, the people of this country, to safeguard the future of this country and its people and do the followings:

• Fire the Director-General of Department of Basic Education, Bobby Soobrayan with immediate effect;

• Cause the Department of Basic Education to implement collective agreement 1 of 2011;

• Cause the department to deliver the LTSM at ALL schools;

• Cause the department to fill all vacant and funded posts with emphasis on ABET and ECD practitioners and regulate their conditions of service;

• Cause all relevant institutions to conclude investigation on the textbook saga and alleged violations in procurement of same;

• DBE stop frustrating the forensic audit on the abuse of funds by the DG in the ELRC;

• Cause the department to conclude the process of bringing about parity to the notches of teachers with the rest of the Public Service by not later than the 06^th May 2013;

• Implement an infrastructure maintenance plan by utilizing the R800 million conditional grant with immediate effect;

• Reinstate all temporary teachers in all provinces;

• Cause the department to work with unions to review the current Post Provisioning Model and deal with overcrowding;

• Cause the Department of Basic Education to respect collective bargaining and recognize all signed collective agreements as legally binding;

• Cause the department to finalise all outstanding matters at the Education Labour Relations Council as a matter of urgency;

• Cause the department to provide teachers with laptops as tools of trade;

• Cause the department to provide schools with the minimum required resources, including the payment of norms and standards due to all schools as a matter of urgency;

• Stop pronouncing policy on media before concluding consultation and or negotiations;

• Put a moratorium on the appointment of Senior Management at the level of the Department of Basic Education head office only.

• The Minister of Basic Education Angie Motshekga, having failed to respond to all the demands by SADTU which led to the current impasse must graciously tender her resignation with immediate effect;

NB. We are giving the Government 21 days to respond positively to all our demands. Failure to do so will lead to the National Executive Committee intensifying the industrial action. 

1. Issued on behalf of SADTU Secretariat

Name:___________________ Date:______________

Signature:_______________ Date:______________

2. Received on behalf of the Presidency

Name:__________________ Date:______________

Signature:_______________ Date:______________

Source: Communist University

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