By Lehlohonolo Lehana.
@GalloImages.
Department of Community Safety in Gauteng has implemented a new 24/7 Shift System for Traffic Law Enforcement from 1 April 2023, and the traffic officers, who are not compliant with the new shift system are subjected to no-work, no-pay, and the use of state vehicles without authorisation is prohibited.
The new shift system was introduced given the high level of crimes, increasing numbers of fatalities in the province.
The Exco’s decision to introduce the new shift system was taken in July 2021, after the matter was tabled before the standing committee, and organized labour, in this case it’s both Police and Prisons Civil Rights Union (Popcru) and Public Servants Union of South Africa (PSA).
The new shift system affects the Gauteng Traffic Police in Community Safety in the province.
An internal memo was issued on the 19th of April, after the initial memo that was sent on the 1st of March 2023, which Fullview has seen and it reads as follows:
- The implications of the system implementation are that there are now 3 shifts instead of two shifts as it was the case prior to implantation.
- The duty roosters have been developed to give effect to this implementation.
- The employer has prerogative to determine working hours. In the event of non-adherence with the duty rooster, the principle of no work no pay will apply with no exception.
- The officials who book themselves to the 08:00 -17:00 shift are regarded as not on official duty.
- Official vehicles will be provided to officers who subject themselves to official duty rosters.
- Finally, officials should be reminded that utilization of the vehicles without the owner’s consent is a criminal offence. To this end, trip authorities issued on the vehicles operating contrary to the duty roster roster will be and hereby revoked.
As a result of the memo, the traffic officers from various areas, decided not to adhere to the new shift roster, which resulted the department to issuing letters addressed to individuals to surrender the keys and vehicles. The non-compliance, will result to disciplinary action.
The nature of the misconduct to be instituted will be as follows:
- Unauthorised use of state vehicle (which constitute to criminal offence)
- Failure to comply with lawful instruction
Traffic officers are feeling aggrieved by the new system, they claim the was no proper consultation and feel the new system was imposed to them. They raised the following issues:
- They willing to work the new shift provided that they’re paid accordingly and finalise consultation, and currently they working 08:00 – 17:00 shift, which included weekends as rest days.
- The new shift system offers R4.90. night shift allowance, which is too little.
- The department wants to declare them as essential service yet they’re on Level 6 instead of Level 8
- SNT taken away but the union won the case and no backdate was done.
- The monthly danger allowance of R567.00, is too little.
They also feel that they should be transferred to the Department of Transport, like other provinces, they believe it’s only Gauteng that is still lagging behind.
Fullview had an interview, with Department of Community Safety Head of Department, Ms Nontsikelelo Sisulu, who said they cannot allow unions to hold the department into ransom and not to fulfil its mandate.
Sisulu said, an extensive consultation had taken place since 2015 and organized labour was not willing to come to the negotiations.
And the budget of R70 plus million was allocated and a thorough motivation was done for both premier’s office and treasury to approve the budget.
She refuted some of the issues raised by the employees, saying the 08:00 -17:00 is not the official shift that was given by the department and there are no plans to declare them as essential workers. She went on to say there is no factual basis that weekend are rest days but the officers can agree to work overtime. They are exempted to 10 hours.
Sisulu also said the SNT policy remains in place and she is not aware of the backdating that employees are referring to but she acknowledged that how it was implemented showed lot of errors, and it was not taken away.
She added that, the danger allowance was paid accordingly and there are no issues, as far as she is concerned.
The HOD explained further, that the unions have written to the MEC of Department of Safety, Faith Mazibuko for a political solution but she alluded to the fact that the unions must also decide if they want to resolve the impasse or they are continuing with their threats to seek a legal recourse.
However, Popcru says that the was no meaningful consultation or negotiation through the General Public Service Sector Bargaining Council (GPSSBC) and the memo to implement the new shift system debunks distortions and downright falsifications of the actual state of consultations.
The Popcru provincial coordinator, Herman Motshegoa , said they have maintained that from the onset that the working hours (24/7 hour shift falls within the definition of Basic Conditions of Employment Act no.75 of 1997, which requires consultation or negotiation and you cannot implement without first engaging in a meaningful consultation process in the GPSSBC. Given the attempt it falls outside GPSSBC Resolution 1 of 2012.
Motshegoa added that GPSSBC ruled in favour of the union in facilitation process held in 2nd August 2022 that Departmental Standing Committee is not a structure recognized by GPSSBC.
But Sisulu through the department’s Legal Services Head, Cuma Mhlwatika, said the department knows nothing about the ruling the union is referring to and he insisted that the Departmental Standing Committee is legal structure.
Motshegoa, further explained that in December 02, 2022 another special session was convened, employer withdrew.
Whilst Mhlwatika was quick to point out that, there is no so such and it’s the unions who were not willing to come to the negotiations except that they want the matter to go through the chamber and maintained that is not how the process must be conducted.
Meanwhile, PSA said it has noted the communication by the employer as received from members, including the requirement to relinquish state vehicles and firearms where members are not compliant with the new shift system.
The PSA also became aware of the communication by the Department on 19 April 2023, stating that members who are not compliant with the new shift system will be subjected to no-work, no-pay, and the use of state vehicles without authorisation is prohibited.
The union is currently seeking legal advice to reverse the unilateral implementation of the new shift system. The PSA has also been in contact with the GPSSBC regarding the dispute declared to either fastback the facilitation process or give the PSA the go-ahead to explore the legal means available to it.
The PSA is committed to assist members and ensure that the current shift system is reversed or abolished. The PSA has also requested an urgent meeting with the MEC to resolve the unilateral implementation by the employer and the date is awaited.
The PSA has considered the legal implications for member not complying with the new shift system and non-compliance by members will leave members in a worse financial position and open to disciplinary action.
Fullview has requested the department to provide documents that proves that extensive consultation, indeed took place but at the time of publishing, we didn’t receive the documents.