Saftu non-recognition challenged
TWO SA Federation of Trade Unions (Saftu) affiliates have dismissed instructions to municipalities across the country that they not be recognised, with one threatening legal action.
The Democratic Municipal and Allied Workers Union of SA (Demawusa) and the Municipal and Allied Trade Union of SA (Matusa) are accused by the SA Local Government Bargaining Council (SALGBC) of trying to by-pass and violate its constitution.
The SALGBC’s constitution bars it from enjoying bargaining rights as it has not yet fulfilled the required national threshold of 15% of the workforce.
Both unions are using the Constitutional Court judgment delivered in August that found that the acquisition of the right to represent members at grievance and disciplinary proceedings may not depend on meeting a threshold of representativeness.
Cosatu affiliate the Police and Prisons Civil Rights Union had brought the matter before the apex court to prevent the SA Correctional Services Workers’ Union from gaining organisational rights at the Department of Correctional Services.
Mohau Mokgatla, Demawusa general-secretary, said SALGBC’s assertions were “nonsense” as the Concourt judgment was clear. He said Demawusa had organisational rights in every municipality as a registered union.
Mokgatla, former SA Municipal Workers’ Union Gauteng provincial secretary, warned that should the SALGBC maintain its position, the union would have no choice but to take legal action against it.
”Municipalities’ indepenence should not be clouded by the SALGBC,” he said.
Matusa general-secretary Kurt Ziervogel laughed off the bargaining council’s concerns, saying it was delusional, its argument stale, weak and unbelievable. He said Matusa, one of Saftu’s founding affiliates, as a registered trade union did not need permission to bargain.
According to Ziervogel, formerly Samwu Western Cape deputy provincial secretary, all Matusa needs to do is to inform Samwu and the Independent Municipal and Allied Trade Union (Imatu) when it is representing any of its members.