POLOKWANE – This follows a strike at the Head Office of the Department of Education.
Following the strike, the Head of Department, Beauty Mutheiwana, invited Sadtu to a meeting where she informed them the department would be applying the principle of ‘no work no pay’ to its members. When Sadtu pointed out its members had never been on strike, she allegedly demanded that members provide police case numbers to prove they were prevented from reporting for work. She then, in writing, informed Sadtu she was proceeding with the deductions.
Sadtu approached its lawyers who wrote to the MEC and the HOD pointing out that their decision was unlawful and requested an undertaking not to effect the deductions. After receiving no response, Sadtu launched an urgent application at the court. The matter was first heard on 1 August. The department raised two points of law in an attempt to avoid the merits of the application be heard, but the court ruled against the department with costs.
The main application was finally heard on 10 August. At the hearing of the application, Judge Sydwell Sikhwari reserved judgement but made an interim order interdicting the MEC and the HOD from proceeding with the deductions.
According to Sadtu, this interim order was ignored and the deductions were effected, prompting Sadtu to bring another urgent application to compel the department to refund all members whose salaries were affected by the deductions.
The court granted an order ordering the MEC and the HOD to have all monies refunded but this order has also been ignored, forcing Sadtu to initiate contempt of court proceedings.
In a press release, Sadtu stated the judgement is precedent-setting in many ways. “Firstly, it confirms Sadtu’s policy of minimising disruption of schooling by being forced to protest to have legitimate demands being met. Sadtu will always, if necessary, use the courts as an alternative to industrial action in the interest of learners. Equally important is that the High Court has ordered the MEC and HOD to pay the costs of the application. This is however sad because public resources are now being used to fund what is clearly inefficiency. However, Sadtu is happy its resources are not being used to subsidise government ineptitude. The judgement and the other orders granted are also important because the department will no longer rely on legal technicalities to avoid responsibility and accountability.
“More importantly this judgement and the other orders reaffirm the constitutional principle that public power must be exercised properly, something that is lacking in the manner in which decisions and actions are taken in this department.”
Sadtu threatened to pursue further legal and other avenues to obtain redress for members as it had raised numerous concerns with both the MEC and the HOD which remained unresolved.
Department of Education Spokesperson, Dr Naledzani Rasila, said the department abides by the rule of law. “The judgement will be studied and further action will be directed by allowances within the ambit of the law,” he said.
