Day: March 14, 2023

edia Statement by Minister of Health, Dr Joe Phaahla regarding the ongoing strike by NEHAWU

The Ministry and Department of Health welcome the Labour Appeal Court judgment delivered earlier today regarding the ongoing strike by the trade union, NEHAWU.

I take this opportunity to think my colleagues, the former Acting Minister and the current Minister, for pursuing this matter in the courts relentlessly in protection of the vulnerable members of the community who depend solely on the public health services.

There is no doubt that the strike has disrupted provision of essential healthcare services in the country, leading to untold suffering and frustrations amongst the public who desperately needed healthcare and life-saving treatment and other interventions in the public health facilities.

The court judgement concurs with the view that always being held by the Ministry and the Department that essential services workers are prohibited from engaging in disruptive industrial action which is detrimental to healthcare services with a risk of loss of life, as provided by the Labour Relations Act.

It is for this reason that Parliament enacted this Act in line with Bill of Rights, whilst making provision of withdrawal of labour in general, however, it excluded essential services from this right. In order to protect rights of essential services workers, the law creates mechanism for deadlock breaking through mediation, conciliation and arbitration.

It is regrettable that this strike action has gone on causing untold hardship, pain, frustration and possible loss of life in its cause while it could have been avoided. It is inconceivable that leadership of NEWAHU were oblivious to the provisions of our law in this regard.

The court order unequivocally calls on NEHAWU leadership to inform and call on all their essential services members to return to work with immediate effect. In con sideration of practicality we have given the workers in the health sector until tomorrow morning to report to work, failing which they will be in contempt of court and liable to face charges of misconduct.

The Department reiterates this call as stipulated both in the court order and the Department of Public Service and Administration (DPSA) Circular No 11 of 2023, which draws from the decision of the Labour Appeal Court which orders as follows:

The strike action, picket, or any other form of industrial action by NEHAWU, its members and employees who are employed in an essential service, as defined in section 61(1) (d) of the Labour Relations Act 66 of 1995, which commenced on 6 March 2023 is interdicted with immediate effect and NEHAWU and all such essential service employees are restrained and prevented from continuing with or participating in any such strike, picket or any other form of industrial action.

NEHAWU is ordered to inform its members and officials and all persons to whom it had given notice of the strike in every province, including but not limited to every hospital and clinic in South Africa at which it has members within essential services, of the order of this Court, through publication on social media, by email and by all other appropriate means available to it, by no later than 13h00 on Monday 13 March 2023.

As already indicated any employee who fails to comply with the court order will be committing act of misconduct subject to disciplinary action, including possible dismissal.

Any person committing any criminal acts in pursuit of the strike action will be subjected to criminal proceedings by the law enforcement agencies. Over and above, what is stated all managers are obliged to apply the principle of ‘no work, no pay’, and this should be applied with immediate effect.

We urge all the workers in the health sector as defined in the court order to report to their workplace tomorrow morning.

Lastly, we would like to apologize to all South Africans who have had pain, humiliation and suffering as a result of the strike.

Source: Government of South Africa

The Department of Health warned on Monday that any employee who fails to comply with the court order interdicting the current strike action will be committing an act of misconduct which is subject to disciplinary action, including possible dismissal.

This comes after the Labour Appeal Court issued a judgement that interdicts with immediate effect, strike action by the National Education, Health and Allied Workers’ Union (Nehawu) members and employees who are employed in essential services.

Nehawu has been on industrial action since 6 March 2023 due to the collapsed wage negotiations, with threats to intensify the strike action.

Workers are demanding a 10% salary increase, while government has offered 4.7%.

“Any person committing any criminal acts in pursuit of the strike action will be subjected to criminal proceedings by the law enforcement agencies. Over and above, what is stated [is that] all managers are obliged to apply the principle of ‘no work, no pay’, and this should be applied with immediate effect,” Minister Joe Phaahla said during a late-night briefing.

The court order, he said, “unequivocally” calls on Nehawu leadership to inform and call on all their essential services members to return to work with immediate effect.

“In consideration of practicality we have given the workers in the health sector until tomorrow [Tuesday] morning to report to work, failing which they will be in contempt of court and liable to face charges of misconduct. “

He said there is no doubt that the strike has disrupted the provision of essential healthcare services in the country, leading to untold suffering and frustration among the public who desperately needed healthcare and life-saving treatment and other interventions at public health facilities.

Last Thursday, Phaahla announced that four people had died “in a manner that could be directly attributed to the strike”.

The court judgement, he said, concurs with the view that has always been held by the ministry and the department that essential services workers are prohibited from engaging in disruptive industrial action, which is detrimental to healthcare services with a risk of loss of life, as provided by the Labour Relations Act.

“It is for this reason that Parliament enacted this Act in line with [the] Bill of Rights, whilst making provision of withdrawal of labour in general, however, it excluded essential services from this right.”

Meanwhile, he explained that to protect the rights of essential services workers, the law creates a mechanism for deadlock breaking through mediation, conciliation and arbitration.

“It is regrettable that this strike action has gone on causing untold hardship, pain, frustration and possible loss of life in its cause while it could have been avoided. It is inconceivable that the leadership of Nehawu were oblivious to the provisions of our law in this regard.”

The department reiterated the call as stipulated in both the court order and the Department of Public Service and Administration (DPSA) circular, which draws from the decision of the Labour Appeal Court, which restrains and prevents essential healthcare workers to participate in any such strike, picket or any other form of industrial action.

The Minister also took the time to apologise to all South Africans who have experienced pain, humiliation and suffering because of the strike.

On Monday morning, Phaahla told the media that 20 South African National Defence Force (SANDF) nurses were deployed due to shortages caused by the industrial action.

Source: South African Government News Agency

The North West Provincial Legislature concluded the first day of the Taking the Legislature to the People programme in the Legislature Chamber where community members raised various issues ranging from incomplete and blocked housing projects; water shortages; dilapidated roads infrastructure and lack of maintenance of government buildings. The programme focusing on Ngaka Modiri Molema District themed: “Facilitating Service Delivery and Accountability through effective citizenry participation,” is aimed at creating a platform where Members of the Provincial Legislature (MPLs) engages with community members to hear their concerns on various service delivery issues and discuss possible solutions as well as allow Members of the Executive Council (MECs) from various provincial departments to respond to such issues.

The first day of the programme focused on service delivery issues concerning the Department of Cooperative Governance and Human Settlements and the Department of Public Works and Roads.

Communities raised issues such as lack of recognition of tribal authorities by government departments and municipalities on projects; RDP houses that are not allocated accordingly and dilapidated water and roads infrastructure. Ms. Basebi Molete from Deelpan said community members are still experiencing water challenges as nothing has been done since the disaster in 2022. “Although the tribal authority donated land for relocation of the affected families, government has been slow on providing proper humanitarian support including housing and other services,” said Ms. Molete.

Mr. Mmoloki Molefe from Zeerust said there are many incomplete and blocked housing projects including for military veterans. “Service providers responsible paid to do some of the water and sanitation projects do not complete them hence communities in Dinokana and near villages are suffering,” said Mr. Molefe.

Chairperson of the Portfolio Committee on Premier, Finance, Cooperative Governance, Human Settlements and Traditional Affairs, Hon. Aaron Motswana informed the attendees that during the recent oversight programme of the legislature in Ngaka Modiri Molema District, the Committee raised various issues such as time taken to implement the Atamelang Water Supply upgrade, and poor coordination between Ramotshere local municipality and Department of Human Settlements over construction of Military Veterans houses in Zeerust.

“Both Tswaing and Mahikeng local municipalities and various departments have also failed to honour the call for humanitarian support to the community of Deelpan that experienced floods disaster in 2022. There has been general dissatisfaction on response and emergency assistance by the provincial government to the community that have been living under water since early last year. There must be standard operating procedure and emergency procurement policies within municipalities and department on dealing with disaster,” said Hon. Motswana.

Chairperson of the Portfolio Committee on Public Works and Roads and Community Safety and Transport Management, Hon. Mmoloki Cwaile said Department of Public Works and Roads should implement various road projects and fast-track renovations of police stations. “Most police stations are dilapidated such as Coligny, Zeerust and Mareetsane,” said Hon. Cwaile.

Department of Public Works and Roads MEC, Gaoagwe Molapisi said the department has prioritised seven internal roads in Deelpan and fixing of damaged bridges in Mareetsane and other areas. “National Public Works Department is working with South African National Defence Force to fix the bridges that collapsed, and we are also doing road patching in areas such as Itsoseng,” said MEC Molapisi.

Cooperative Governance and Human Settlements MEC, Nono Maloyi said the department together with National Home Builders Registration Council has conducted an audit in all blocked and incomplete housing projects in the province. “About R1,4 billion will be appropriated to finish the houses, and we have terminated all the contractors that did not finish the housing projects in the province.

“At Deelpan where the tribal authority donated land for relocation, we are working with Housing Development Agency to conduct a Geo-tech study to check if it is possible to build RDP house there and will identify the beneficiaries. The department together with Office of the Premier has also engaged the Department of Water and Sanitation to use any water grants to finish any water and sanitation projects so that our people can have water,” said MEC Maloyi.

On Wednesday 14 March 2023, the programme will focus on service delivery issues relating to education, sports arts and culture; and Health and Social Development. Members of the Executive responsible for those departments will be there to respond to issues raised.

Section 118 of the Constitution of the Republic of South Africa, provincial legislatures are mandated to facilitate public involvement on an open manner and holding its sittings and committees in public.

Source: Government of South Africa