Book One: Programme

DRAFT PROGRAMME 8th NATIONAL CONGRESS Day One: 15 JUNE 2015 [MONDAY] Chairperson: 1st Deputy President Nkosinathi Mabhida

TIME ITEM PRESENTER 09:00 – 09:10 Singing of the National Anthem, Congress delegates & the choir Internationale & Solidarity Forever 09:10 – 09:20 Credentials General Secretary, Nkosinathi Theledi 09:20 – 09:30 Apologies 1st Deputy General Secretary, Thandi Hlatshwayo 09:30 – 09:45 Confi rmation of the Agenda General Secretary, Nkosinathi Theledi 09:45 – 10:10 Word of welcome Premier of KwaZulu Natal, Honourable Senzo Mchunu 10:10 – 10:30 Presentation of rules General Secretary, Nkosinathi Theledi 10:30 – 10:45 Adoption of the Congress Programme General Secretary, Nkosinathi Theledi 10:45 – 11:00 Introduction of Guests 1st Deputy General Secretary, Thandi Hlatshwayo 11:00 – 12:00 Political Overview POPCRU President, Zizamele Cebekhulu 12:00 – 12:45 Message of support Minister of Transport, Honourable Dipuo Peters 12:45 – 13:00 Presentation: Minutes of the 7th National General Secretary, Congress Nkosinathi Theledi 13:00 – 13:10 Adoption of Minutes Congress delegates 13:10 – 13:30 Matters Arising Congress delegates 13:30 – 14:30 LUNCH 14:30 – 15:15 Message of support SACP General Secretary, Dr. Blade Nzimande 15:15 – 16:00 Written Messages of support 1st Deputy General Secretary, Thandi Hlatshwayo 16:00 – 16:45 Elections procedure Elexions Agency 16:45 – 17:30 Presentation: Secretariat Report General Secretary, Nkosinathi Theledi 17:30 – 19:00 Elections Congress delegates 19:00 END OF DAY 1 DINNER

i POPCRU 8th NATIONAL CONGRESS

Day Two: 16 JUNE [Tuesday] Chairperson: 2nd Deputy President Bonny Marekwa

TIME ITEM PRESENTER 09:00 – 09:45 Presentation: Taking POPCRU to the 8th General Secretary, National Congress and beyond Nkosinathi Theledi 09:45 – 10:30 Message of support COSATU President, Çde Sdumo Dlamini 10:30 – 11:15 Presentation: Draft Policies General Secretary, Nkosinathi Theledi 11:15 – 12:00 Presentation: Draft Resolutions General Secretary, Nkosinathi Theledi 12:00 – 12:30 Message of support Correctional Services Acting National Commissioner, Zachariah Modise 12:30 – 13:15 Presentation: International Report General Secretary, Nkosinathi Theledi 13:15 – 14:15 LUNCH 14:15 – 15:00 Message of support Minister of the SAPS, Honourable Nkosinathi Nhleko 15:00 – 18:00 Allocation of Commissions Commission 1: Taking POPCRU to the 8th National Congress and beyond Commission 2: Political Section Commission 3: Socio-Economic and Social All delegates Transformation Commission 4: International Report Commission 5: Security of the country & Power and infl uence of media Commission 6: State of the organisation Commission 7: Draft Policies and Resolutions

18:00 – 20:00 Plenary Discussions Congress delegates 20:00 END OF DAY 2

ii Book One: Programme

Day Three: 17 JUNE [Wednesday] Chairperson: President Cebekhulu

TIME ITEM Presenter 09:00 – 09:45 Message of support WFTU General Secretary, Cde George Mavrikos 09:45 – 11:45 Continuation of plenary discussions Congress delegates 11:45 – 12:30 Message of support Minister of Justice & Correctional Services, Honourable Michael Masutha 12:30 – 13:15 Presentation: The state of socio- Professor Sipho Seepe economic conditions in South Africa 13:15 – 14:15 LUNCH 14:15 – 15:00 Presentation Safer South Africa Foundation CEO, Advocate Tseliso Thipanyane 15:00 – 16:00 Messages of support International and local allies 16:00 – 19:00 Continuation of plenary discussions Congress delegates 19:00 – 21:00 Cultural Day Celebrations during Music by Shwi noMtekhala dinner END OF DAY 3

Day Four: 18 JUNE [Thursday] Chairperson: 2nd Deputy President Bonny Marekwa

TIME ITEM PRESENTER 08:00 – 08:45 Presentation Stichting Waardering Erkeninning Politie of Netherlands, Cde Jan Willem van de Pol 08:45 – 09:30 Presentation: Finance Report Treasurer General, Thulani Ntsele 09:30 – 10:30 Plenary discussion: Finance Report Congress delegates 10:30 – 11:30 Message of support SAPS National Commissioner, Victoria Phiyega 11:30 – 12:00 Message of support Deputy Minister of SAPS, Honourable Maggie Sotyu 12:00 – 13:00 LUNCH 13:00 Adjourn for Gala Dinner

iii POPCRU 8th NATIONAL CONGRESS

Day Five: 19 JUNE [Friday] Chairperson: 1st Deputy President Nkosinathi Mabhida

TIME ITEM PRESENTER 09:00 – 09:45 Adoption of Programme of Action Congress delegates 09:45 – 11:15 Reading of the Declaration General Secretary, Nkosinathi Theledi 11:15 – 12:15 Keynote Address His excellency President Jacob Gedleyihlekisa Zuma 12:15 – 12:45 Election Results Elexions Agency 12:45 – 13:30 Closing Address President 13:30 Congress Adjourn – Lunch and departure END OF 8TH NATIONAL CONGRESS

iv Book One: 7th National Congress minutes

INDEX

No. Item Page

17th National Congress minutes. 02 – 98

2 Progress report on resolutions. 99 – 104

3 Progress report on the 2010 strategic plan. 105 – 124

4 Progress report on the 2011 – 2015 Programme of Action [PoA]. 125 – 144

1 POPCRU 8th NATIONAL CONGRESS

1. 7TH NATIONAL CONGRESS MINUTES DAY 1 - 13 JUNE 2011

1. OPENING AND WELCOME Chairperson : Deputy President Mabhida

The 7th National Congress was offi cially opened with the singing of a National Anthem led by POPCRU choir and then the Deputy President welcomed all the delegates and invited guests to the 7th National Congress.

2. CREDENTIALS REPORT The General Secretary presented the Credentials report to the congress and indicated that according to Chapter 4 of POPCRU Constitution Section 10.1.1, the National Congress shall be convened every four years and its composition shall be as follows:

• National Offi ce Bearers [NOBs];

• Heads of Departments [HoDs];

• National Gender Co-ordinators; and

• Representatives appointed by each Province of the Union. Each province will be entitled to 0,5% delegates of its total membership.

He further indicated that the National Executive Committee [NEC] had, during its duly constituted sitting in April 2011, resolved that the cut-off-date for membership for determination of the congress delegates would be the end of April 2011. The membership of POPCRU as at the end of April 2011 stood at 145 468. The distribution of delegates per province as per the already outlined constitutional provision was as follows: • Eastern Cape = 114 • Free State = 54 • Gauteng = 192 • KwaZulu Natal = 101 • Limpopo = 51 • Mpumalanga = 48 • North West = 47 • Northern Cape = 30

• Western Cape = 98

Total = 735

2 Book One: 7th National Congress minutes

3. CONGRESS DELEGATES The delegates per province were presented to the seventh [7th] National Congress as follows:

NO National Offi ce/ Province Allocated Delegates Females Males Variance Total 2.1. National Offi ce Bearers 06 01 05 00 06 2.2. National Gender Coordinators 02 02 00 00 02 2.3. Heads of Departments 04 01 03 00 04 2.4. Media Offi cer 01 00 01 00 01 2.5. Eastern Cape 114 53 61 00 114 2.6. Free State 53 27 26 00 53 2.7. Gauteng 192 70 122 00 192 2.8. KwaZulu Natal 100 37 63 00 100 2.9. Limpopo 51 25 26 00 51 2.10 Mpumalanga 49 20 29 00 49 2.11 North West 47 21 26 00 47 2.12 Northern Cape 31 11 20 00 31 2.13 Western Cape 98 50 48 00 98 748 318 430 00 748

3.1 Quorum Section 4 of the Constitution stated that: “A quorum for the National Congress shall be the majority of the delegates eligible to be present provided that at least two-thirds of the provinces are represented. In the event of there not being a quorum the meeting shall stand adjourned and shall be reconvened within a period of eight [08] weeks. At such adjourned meeting the delegates present shall form a quorum. At least four [04] weeks written notice of such adjourned meeting shall be given to the locals and provinces”. The credentials outlined constituted a quorum as per the constitutional provisions and were presented for adoption to give credence to the seventh [7th] National Congress. The National Congress resolved that:

The Credentials report was in line with Chapter 4 of the Constitution and adopted them as presented.

Mover : Free State

Seconder : Western Cape

3 POPCRU 8th NATIONAL CONGRESS

4. APOLOGIES All the delegates were present and as there were no apologies reported.

5. ADOPTION OF THE AGENDA The congress agenda were presented with the following amendment:

• Inclusion of an item to deal with appeals submitted by individual members for sanctions organisationally meted against them.

The agenda was adopted by the congress with the proposed amendment. Mover : Northern Cape Seconder : Eastern Cape

6. CONGRESS RULES The Congress rules were presented by the General Secretary as follows:

The National Congress had to be conducted in an orderly manner within the discipline of our constitutional mandate. That been the case, the following proposed rules were presented and adopted by the National Executive Committee and then recommended to the congress for confi rmation:

• All Speakers should STRICTLY speak through the Chair of the session.

• All Speakers should indicate the intention to speak by raising a Green Board [Right to Speak].

• All Speakers should indicate the intention to raise a clarity-seeking question by raising a Yellow Board [Clarity Seeking].

• All Speakers should indicate the intention to call for an Order by raising a Red Board [Point of Order].

• All Speakers should be brief and to the point.

• All Speakers should identify themselves and/ or the Province when assuming the platform to speak.

• All Points of Order should be respected and entertained through the Chairperson and the Chairperson would decide whether or not the Point of Order was convincing.

• Motions to be raised should duly have a Mover and be duly seconded. In the event that a motion was not been carried, the motion shall lapse.

4 Book One: 7th National Congress minutes

• All Delegates should be in attendance of all Congress Sessions unless advised otherwise by the Chair.

• The usage of Cell phones during sessions would be prohibited.

• All Delegates should adhere to the allocated times as per the Congress Programme for breaks unless advised otherwise by the Chair;

• No heckling, howling, booing and/ or usage of derogatory songs would be allowed including singing when Speakers are on the platform.

• The Chair would have the right to interject on any Unprofessional Conduct as per POPCRU’s Constitution and Code of Conduct.

• Standing Orders and Rules of Procedure would be as per POPCRU’s Constitution.

The congress resolved that:

• The rules should be adopted.

Mover : Mpumalanga

Seconder : Northern Cape

7. POLITICAL OVERVIEW BY PRESIDENT ZIZAMELE CEBEKHULU The President – Zizamele Cebekhulu was invited to present his Political Overview. The political overview covered the following:

POPCRU was gathered convened under the Theme: “21 Years of Consolidating the Working Class Power within the Criminal Justice”, a necessary platform pondering for evolution of human history in waiting. There was power of knowledge in the august venue – The University of Free State, the excitement of knowing that momentous decisions about the future of our Political Course was about to be paved. We were challenged to assess our work within the coming four days, amongst others, on:

• Deepening of engagement on the core of challenges confronting us in the current moment,

• Assessing the current balance of class forces and what this means for the Alliance, the NDR and for the Socialist future,

• Strengthening of the collective leadership capacity to engage with our political and organisational machinery, and lastly

• Assessing where are we now and where we need to be so as to be in a better position to build the working class power.

5 POPCRU 8th NATIONAL CONGRESS

Highlights of Positive Developments in the Four Years Under Review

In the period under review as an organisation operating within the South African Police Services, Department of Correctional Services and Traffi c Departments in particular and the Criminal Justice in general, we have prioritised Organisational Development as the guiding tool to ensure that we remained forever relevant to the demanding moments of the times. We were able therefore to plan into action some of the following programmes:

• We were able to conduct all our Constitutional provisions in the context of the nature of the meeting varying according to all the levels within the constitutional structures.

• We were able to ensure that all structures uphold the highest standards of accountability through tabling of Financial Reports as per required prescripts, marshalled by all elected offi ce bearers across all levels.

• We have been able to revive all Local structures through the convening of Local Congresses in terms of Chapter 12 of the Constitution and we are content that the leadership that was elected will be equal to the task of taking POPCRU to greater heights.

• We convened the National Collective Bargaining Conferences as part of strengthening the mandate-seeking component of the organisation and also enhancing Worker Control and Democracy.

• We have continued to prioritise Provincial Road-Shows after every Collective Agreement signed to deal with issues of interpretation and application on same and that also included the period some dissidents intended to plough a seed of confusion amongst structures for narrow and minimalist interests. And we have remained unshaken.

• We have continued to attend and participate in the activities of COSATU across all levels, campaigning for decent jobs and protections of the gains of the working class.

• We have managed to wield an infl uential role in the implementation of the skills revolution through the Safety and Security Sectoral Education and Training Authority [SASSETA] in which comprehensive skills programmes benefi tted our membership, including on Women Development deliverables.

• We were able to host the National Political School in the history of the organisation and also cascaded same to Provinces as part of the greater responsibility of deepening the National Democratic Revolution and reinvigorate political debates.

• We have achieved to revise the Basic Shop Steward Manual to capacitate our Shop stewards across all levels and that culminated with such deliveries also on the Paralegal empowerment.

6 Book One: 7th National Congress minutes

• We were able to sustain the Women Development Programme in partnership with the University of Western Cape that culminated in thirty women comrades completing the qualifi cation.

• Comrades we have implemented many programmes that sought to capacitate our leaders, members and offi cials to enhance representation of the general membership through in-house skills programmes, through the utilization of Institutions of Higher Learning and other private service providers.

• We have consistently pioneered a programme geared towards up-skilling our offi cials to enhance quality service delivery through ETDP-SETA and other Institutions of Higher Learning and Labour Service Organisations.

• We championed many campaigns aimed to conscientise our membership in particular and the community at large through participating on International Mandela Day, hosting Anti-Crime campaigns in Provinces and using World Aids Day to spread the message against the scourge of the pandemic undermining humanity.

• We have hosted the International Labour Relations Symposium in Botswana and preparations are well in advance for the fourth [04] International Symposium in Malawi as part of the Congress tasks later this year taking forward the project of promoting labour relations within the police in SADC Countries.

• We succeeded at the beginning of 2010 to facilitate the launch of Correctional Staff Service Association within corrections in Lesotho.

• We have re-engineered and enhanced our participation in Public Service International [PSI] and International Council of Police Representatives Associations [ICPRA] and other fronts that continue to deepen our principles of solidarity and unity amongst the working class, and

• Our POPCRU Choir has continued to be an example and light to other Affi liates and got positive appraisals from many International guests through COSATU activities on how Trade Union struggles may be taken forward on other fronts.

Political In the period under review we have witnessed a historic hosting of COSATU 10th National Congress at Midrand in 2009. Many resolutions were realised that put at the centre the strengthening of COSATU and its Affi liated Unions, to building working class power in all sites of power, and to realise the objective of a living wage, better working and living conditions for workers and working communities. The COSATU Congress recommitted itself to develop concrete plans to take forward amongst the tasks to ensure:

• Ideological Clarity is enhanced: strengthening and understanding of who were are,

7 POPCRU 8th NATIONAL CONGRESS

what are the forces who are acting in the best interest of the working class, who are our allies and also clarity about international ideological warfare using the Marxist- Leninist tools of scientifi c inquiry to search for answers in the contemporary world;

• Developing Trade Union programmes for transformation: setting out short-term to long-term objectives to deepen the NDR and the attainment of Socialism, refl ecting on challenges that affect the working class at the point of production and reproduction and continue to sharpen our ideology and theory of the revolution. And to open debates in the left to formulate a democratic developmental state that can deal with challenges the working class by having a better coordinated state interventions and building the Alliance, and

• Building a vibrant Trade Union movements and the machinery of the liberation movements with enhanced internal dynamism, internal democracy, heightened mass education and activism to raise the level of class consciousness and infl uence policy directions for a sound organisational renewal programme through NALEDI tabled proposals for a real change on how we do our work.

We have witnessed the Special National Congress of the South African Communist and the National General Council of the African National Congress Party held in 2009 and 2010 respectively. ANC National General Council in which many matters were under review, amongst others, including peace and stability matters. The upgrading of police stations, especially in the rural communities, alignment of these stations with local government demarcations, creation of a single command of the police services, strengthening offender labour and ploughing back to communities to enhance self-suffi ciency and skills development, the implementation of the best practices identifi ed during the 2010 FIFA World Cup in the dedicated courts model in the justice system and speeding up of the governance and regulatory framework for private security industry that have to be pursued. Numerous strides, amongst others were asserted on an understanding that:

• The ANC is a multi-class party, with a bias towards the working class and the poor,

• The NDR seeks to resolve the main and interrelated contradictions of national oppression based on race, super-exploitation of black workers and the triple oppression of black women,

• Reaffi rmation of the Five Pillars of social transformation in which the ANC must intensify work and lead; The State, the Economy, Organisational Work, Ideological Struggle and International Work;

• Renewed determination, resolve and tenacity to cultivate and restore the core values and principles of our movement; unity, selfl ess and steadfast commitment to serve the people, sacrifi ce, collective leadership, humility, honesty, discipline, hard work, internal debates, constructive criticism, self-criticism and mutual respect, and lastly

8 Book One: 7th National Congress minutes

• A decisive turning point will be made in tackling, arresting and reversing the negative tendencies that have eroded and threatened to erode the political integrity and moral standing of the ANC among the people.

Sectoral Focus South African Police Services The following highlights were prominent:

• Our fi ght with management of the South African Police Service regarding their move to bring back the militaristic approach on policing,

• Commitment to fi ghting crime,

• Legislative framework on Criminal Justice System,

• Police killings and brutality,

• Constitutional Court ruling on establishment of the Hawks,

• Introduction of the PSIRA Bill.

Department of Correctional Services The relations we had with management of the Department of Correctional Services was lukewarm. That was brought about by the department’s unsavoury approach in implementing what we thought was bringing harmonious working conditions for the members in the sector – the Occupation Specifi c Dispensation [OSD]. We went all out to convince our members to accept the Seven-Day-Week establishment which they initially did not approve of. Members agreed and we concluded the guidelines on implementation of the Seven-Days-Week establishment. Only to learn later that we were dealing with people who were hamstrung to get an agreement which they would not honour. That led to the collapse of relationship when some of the arrogant managers imposed illegal shift systems and subjecting our members to unwarranted and atrocious conditions.

Use of Prison Labour Correctional Centres should be utilised for the purpose they are intended – “the correction and rehabilitation of offenders”. The DCS was a large institution, boasting over forty thousand [40 000] employees and over 115 753 sentenced offenders and 49 477 Awaiting Trial Detainees [ATD]. It takes a well-oiled machinery of system, processes and people to effectively and effi ciently manage service delivery in the Department. That could only be achieved if the Department could increase the number of the offi cials, recruit the right calibre of people when fi lling in vacant positions and put in place targeted professional enhancement of the competencies of those already in the department.

9 POPCRU 8th NATIONAL CONGRESS

Comrade Chairperson, before the distortion of Private Public Partnership [PPP], Correctional Services environment was categorised by the following:

• Agriculture/ Farm Prison generating vegetables, dairy and meat products;

• Production Workshops generating offenders uniform, furniture both steel and wood as well as offenders beds add lockers;

• Building group dealing with the general building and maintenance as well as repairs;

• Training- Krugersdorp for offender training as chefs for offenders and VIPs’;

• Bakery for generating bread for inmates in other centres. [List not exhaustive]

The utilisation of inmates through the above developed skills encouraged them in the fi eld of training and industry upon their release. In the process the department remained self-suffi cient in terms of the products which were directly produced departmentally through use of inmates. For example, the institutions which had piggeries supplied the whole department with pork. The same with those which produced chicken, beef, etc. The construction of correctional centres was processed through effective utilisation of inmates. Not the current tenderpreneurship which resulted in the Special Investigation Unit fi nding lots of corrupt activities about the tenders issued for services which the DCS had the necessary capacity to handle internally. Having said this, It is our considered view that utilisation of inmates can be fruitful in the following, amongst others: • It will assist in skills and development, • It improves safe custody and rehabilitation, • It can assist the government in service delivery e.g. RDP and other community projects,

• The state can save a lot of money through prison labour whilst empowering the incarcerated persons,

• It can reduce the tender crisis within the DCS.

Traffi c Department It was a known fact that in this country, Traffi c Directorate was one of the most disorganised and fragmented components of the law enforcement agencies. The Department of Transport as an organ of state was in charge of the Traffi c Directorate where the regulations were crafted. It further needed to be recognised that on matters of national interest, Department of Transport was held accountable for the strategic imperatives of this Directorate and its operations.

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International Solidarity We have made remarkable progress on promotion of labour relations within police institutions in SADC region. Since the decision was taken in 2001, we held three International Symposiums already which gave positive spinoffs in this regard. Progress in this regard and our participation internationally will be outlined under International report and record on all the Symposiums.

Tribute and accolade to the fallen heroes POPCRU, in its revolutionary tasks of fi ghting against discrimination, respect for labour rights and freedom of association has suffered immense and irrecoverable loss when some of our comrades passed on. It was worth mentioning that the loss of members, who played a pivotal role to the emergence of POPCRU as a reliable ally and force within the Criminal Justice, could n not be undermined. The 7th National Congress was convened in memory and honour for their comrade collegiality in making the vision of “Quality Living Standards and Excellent Working Conditions of Workers within the Criminal Justice” [POPCRU’s Strategic vision]. Amongst others, we referred to: Comrades Shongwe, Cde Pretty Singonzo-Shuping, Dlamini, O.G. Mathebula, Cde Mokuchwane, Cde Tamasane to mention, but a few.

We extended our revolutionary tribute to the fallen heroes and heroines at the level of the Federation and Congress Movement: Comrades Violet Seboni, Henry Makgothi, Alina Rantsolase, Sparks Ramagoma, Molefi Sefularo, Lesego Manyetsa, Johnny Issel, Jean Middletoon, Bertha Gxowa, Sheena Duncan, Manto Tshabalala-Msimanga, Cde Masilela, Ncumisa Kondlo, John Gomomo, Joe Matthews, Curtis Nkondo, Eleanor Kasrils, Bill Nair, Joe Nhlanhla, Brian Bunting , Gabriel Mkhumane, Nkadimeng and many others. We should never forget the reburial of former and fi rst General Secretary of the South African Congress of Trade Unions Comrade Leslie Massina. May their soul rest in peace. Our love lived beyond goodbye.

May I in conclusion indicate that we have prepared reach documentation for deliberation by the congress which should give the organisation an impacting Programme of Action for the next four years. I want to thank the NOBs collective and the preparatory Team for the working together approach and sterling job discharged during preparation for the renowned occasion. The Congress provided a necessary platform to open robust debates amongst congress delegates. For this reason you are invited to grab the ample chance to robustly fi t into place and sharpen our outlook for the attainment of a real change in our lifetime, for and on behalf of the working class in general and the membership in particular.

Let me take this opportunity, within the prescripts of the Constitution, declare this seventh [07th] National Congress of the Police and Prisons Civil Rights Union

11 POPCRU 8th NATIONAL CONGRESS

offi cially opened. The struggle continues…… “For as long as the classes exist, the class struggle is inevitable”!

8. MESSAGES OF SUPPORT 8.1 Presentation by the Minister of Police: Comrade Nathi Mthethwa Your theme of 21 years of consolidating working class power within criminal justice is relevant to this task today. The beginning is the African National Congress strategies which has three principles in the fi ght against crime.

• The battle against crime cannot be separate from the war from want.

• The specifi c mind-sets and historical conditions drive elements of crime.

• The nature of crime has grown in their reach and sophistication across national boundaries.

That syndicates are the nature hindrances in the fi ght against crime. These are the basic principles in crime which we based our fi ght against crime. The structures and tactics of the ANC adopted at the 52nd National conference of the ANC raised a critical point on mobilising society to make life diffi cult for criminals in our midst. This is a platform for taking stock of our achievements and challenges over the past 17 years as an organisation in a democracy and operating in the security sector. There has been an engagement between POPCRU and ourselves as the employees of the police. We both understand the task facing the police as underpinned in the constitution of the Republic of South Africa which was adopted in 1996. Specifi cally section 205 of the constitution – the prevention and combating of crime. Maintaining order, to protect and secure the inhabitants of the republic and their property and to uphold and enforce the law.

Community policing was the best form of policing. Conference resolved that we should create a single police service. Processes have been put in place to ensure that we need that resolution by conference. We will later this year introduce into parliament this very part. What is important under this resolution is that the metro and traffi c offi cers to be placed under SAPS. Community police forum - work has been done to be sure that we are able to face the public, our comrades and processes in government to ensure that this important resolution is also worked out.

The crime prevention and mass mobilisation - That CPF by the alliance and the ANC has to be strengthened. Where the alliance as part of members of the community is participating in strengthening CPF’S, we have seen the decline in crime intensions. The school government workings and all other organs and peoples power to be integrated in security structures.

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There are some police stations that have artifi cial boundaries where members of the public are told that they are not going to be served because it is out of their boundary. That is also being fi nalised so that people can get services. We have instructed the management of the police and it is budgeted for let us start building police stations in rural areas and the townships where we never had them before.

The South African police act – The act I’m referring to was the act promulgated in 1995 which I then say we need to speed up the process of ensuring that this act is amended. We amend it to ensure - Firstly the human rights culture to be embedded in the substructure itself. The police offi cers should conduct themselves with in the prescript of the counter of human rights. No brutality. There is a big oversight in the structure whether it is the ICD or the Police secretariat we are structuring that so that they are able to police the police. We continued to ensure that as the conference said that we should campaign to reduce the proliferation of fi re arms and all that activities that it’s involved in.

We are wiser and stronger from continuously engaging with the leaders of POPCRU. It is through this that we are able to help each other by identifying some of the challenges. We are struggling with the next stage of recognizing the private security industry, we know it is important for job creation but it has its own imperilment, challenges and dangers if left unchecked. We are planning a sustainable campaign against police killings. We continue the fi ght and strengthen the work in the fi ght against corruption.

We must all stand together to make this alliance stronger. So much had been said about our movement siding with those who oppose our revolutionary movement in the media, and they’ve been trying to claim the legacy of our movement and its leaders and they’ve been trying hard to separate our leaders from the African Nation Congress in particular former President Mandela. Mr. Mandela became a leader because of his leadership abilities in the ANC. Throughout its life the ANC had demonstrated an exceptional ability to produce leaders of note. This is our contribution to society and we will continue to make this contribution.

In 1997 Mr. Mandela said: “I must not be isolated from the collective who are responsible for this success”. The ANC’s greatest achievement of the twentieth century serviced in December 1997. Like one academic said Madiba belongs to all, but he did not emerge out of nowhere. He belonged and continues to belong to the ANC like many other leaders.

8.2 Presentation by the SACP General Secretary – Blade Nzimande Cde Blade Nzimande, the General Secretary of the South African Communist Party presented his message of support as follows:

13 POPCRU 8th NATIONAL CONGRESS

“I would like to reassert the SACP’S commitment to the public ownership of the means of production. We are committed to socialism where the means of production are owned and nationalisation is one of the instruments we can use to get there, but it can also be used to pursue a right wing agenda. Our task is to liberate our own strategies from being push by populist and demagogues and give them the correct class content nationalisation in whose class interest. In economic time to develop an aggressive alliance policy platform based on the perspective of a mass driven developmental state in which private capital is subordinated to the logic and imperatives in breaking the colonialism of a special type accumulation path.

We have a proposal in the new growth path whose elements we think are important shifts but there are still lots of contradictions because we still need to align micro and macroeconomic policies. The key element of the growth path that we’ve been struggling for as the SACP is an industrial strategy. Which is there now in terms of the industrial policy action plan, but the challenge there is our macroeconomic policies are still at variance with this path that we want to travel. The SACP’s central committee decided that we take this discuss of our growth path throughout our branches. So that we engage it with the view to strengthen it where it is strong and to actually address the weaknesses that are there. That central committee also said this scenario could cause a radical shaping and reshaping of black economic empowerment. To focus on productive investment, production of affordable consumer goods and the creation and the focus on domestic investments with job creation being at the centre of all this.

There are proposals on the table on redefi ning the BEE scorecards, to also have a BEE program that places productive investments at the centre for job creation as well as skills development. There are two critical threads that we are facing in our revolution in terms of moving forward. The fi rst one is an economy that is unable to create jobs. That means we have to sit down on the issue of economic transformation of the current growth path. But politically there are two kinds of threads which incidentally are much related. The one is the danger of the emergence of this populist demagogic anti worker

The second one is a centre right liberal agenda. The SACP’s analysis for the last local elections, South Africa is the only country in the world where a party that wins 63% of the vote is said to have lost the election and the one that wins 22% of the vote is said to have won the election. One of the biggest threads we are facing is the thread of our revolution being bought over by money. The amounts of money that tends to circulate in some of our congresses across the alliance, its worse in the ANC of course it is something that we must defeat. Because the day we allow this anti worker, anti-communist, populist demagogues to take over our organisations that will be the end of our revolution and they won’t succeed if the working class remains united. It is absolutely essential especially the SACP and COSATU. Those that want to steal our organisations know one of the

14 Book One: 7th National Congress minutes

things they must do to succeed is to cause tension between the SACP and COSATU. Without that unity we would not have defeated the privatisation agenda, we would not have had the outcomes that we had in Polokwane. The SACP’s approach to the current challenges now is informed by our medium term vision. Our medium term vision simply says this we must seek to build working class hegemony or infl uence in all key sides of power. We are prioritising six. • We must build working class hegemony in the state, • We must build working class power in the economy, • We must build working class power in our communities, • We must build working class power in the workplace on the shop fl oor, • We must build working class infl uence and hegemony ideologically, • We must build internationally solidarity.

We need massive campaigns on education to ensure schools are functional, our FET colleges are functional. The social wage, you cannot campaign a living wage campaign outside of campaigning for a decent living social wage.

Housing - Housing the workers of this country

Transport – The struggle for affordable transport. Campaign for a cheap public transport and higher education. We must double our fi ght against corruption.

9. INTRODUCTION OF THE CONGRESS GUESTS The Deputy General Secretary, Lebogang Phepheng introduced the guests as follows: • General Secretary from SADNU democratic nurses union comrade Moeketsi Mohau,

• National Treasurer for SAMWU the Municipal workers union Gadi Matimelete,

• The fi rst Deputy President from SASBO Kenny Basjan,

• The Deputy General Secretary from South African Democratic Teacher’s Union comrade Nkosana Dolopi,

• The Vice President for gender from SADTU comrade Mapula Sekabathi,

• Chief Executive Offi cer of Lesaka, Charles Nonkonyane,

• Managing Director from the Kensani Correctional Management, Mr Pillay,

• Founder member of POPCRU comrade Peter Loggenberg,

• The Regional Secretary of the Public Service International sub-region, Thembi Mngomezulu.

15 POPCRU 8th NATIONAL CONGRESS

10. MINUTES OF THE SIXTH [6TH] NATIONAL CONGRESS Minutes of the 6th National Congress held in Cape Town International Convention Centre in June 2007 were distributed to delegates well in advance before the sitting of the 7th National Congress and were taken as been read. The following corrections were made: 10.1 Page 21 [13.4]: POPCRU was wrongly spelt. 10.2 Page 28: The name of the President – Zizamele Earnest Cebekhulu and the National Treasurer Themba Henry Matsane

The minutes were then adopted as true refl ection of the discussions and resolutions taken during the sixth [6th] National Congress.

Mover : Mpumalanga

Seconder : KwaZulu Natal

The progress on developments and implementation of the decisions taken during the 6th National Congress were noted and appreciated by congress.

11. PRESENTATION OF THE APPEALS The General Secretary presented the report on the appeals for engagement and pronouncement by the congress. The report was as follows:

11.1 The Legal and Constitutional Framework Section 10 of the POPCRU Constitution stated that: “The National Congress shall be the Supreme governing body of the Union”. Section 10.3 of the POPCRU Constitution deals with the powers and duties of the National Congress.

10.3.1 States that: “The national Congress shall adopt general and specifi c policy measures by means of resolutions in the furtherance of the aims and objectives of the Union and will consider and/or decide upon the following:

10.3.1.7. Nominations, removal or reinstatement of National Offi ce Bearers”.

Section 24 of the POPCRU Constitution deals with Disciplinary Procedures. 24.14 states that: “In the event of a person who is found guilty of unprofessional or unethical conduct there shall be the right to appeal from the Province to the National Disciplinary Committee whose decision shall be fi nal”.

Section 23.3 deals with the Interpretation of the Constitution and states: “Whenever any doubt arises as the interpretation of any of the provisions of the Constitution, the National Congress shall make a ruling on the matter and such ruling [by majority vote]

16 Book One: 7th National Congress minutes

shall be the only fi nal interpretation of the Constitution, provided the Central Executive Committee shall be empowered to make an interim ruling on the interpretation prior to the National Congress’s fi nal decision”.

11.2 Matters for discussion There have been appeals that have been lodged by persons who were summarily dismissed by the organisation from various provinces, exercising their right to appeal as enshrined in our constitution. Section 24.14 stated that “these persons have a right to appeal to the National Disciplinary Committee, whose decision shall be fi nal”. The Constitution is silent on the procedures to be followed by the National Disciplinary Committee and as such, and in terms of Section 23.3, the Congress was enjoined to make a ruling on the matter going forward and the ruling of the Congress would be fi nal.

11.3 Proposal on procedural issues Invoking section 10.3 read with 23.3 of the Constitution, it was proposed that Congress should consider the following proposal in setting up a National Disciplinary Committee to deal with the appeals before this Congress:

11.3.1 Composition It was proposed that congress nominate people to serve in the National Disciplinary Committee for the purposes of dealing with those Appeals. As a matter of principle, the person so nominated should not have sat in the matter either as an investigator, in the Disciplinary Proceedings, National Executive Committee or Central Executive Committee levels where those matters were discussed and decisions endorsed. Again, it would be of great importance that such persons should have a basic understanding of the law and the disciplinary processes of POPCRU. It was proposed that Congress should adopt that policy measure.

11.3.2 Procedure The second proposal to the Congress was that, the National Disciplinary Committee should deal and dispense with the matters by way of papers that have been lodged as grounds for appeal. The decision of the Committee was fi nal and would be reported to Congress for noting. It was proposed that Congress should adopt that specifi c policy measure.

17 POPCRU 8th NATIONAL CONGRESS

11.3.3 Matters of importance Because the NEC and the CEC sat and deliberated on the matters, and in the context that, they could not be judges in their own case, the National Disciplinary Committee would serve an impartial role. Section 24.14. of the Constitution enjoined the National Executive Committee to elect a Disciplinary Committee. Section 10.3 enjoined the National Congress to adopt general and specifi c policy measures by means of resolutions in the furtherance of the aims and objectives of the Union and would consider and/ or decide on nominations, removal or reinstatement of National Offi ce Bearers. In the order of the hierarchy in decision making, National Congress was the highest decision making body and as such it could adopt general and specifi c policy measures by means of resolutions in the furtherance of the aims and objectives of the Union.

The Constitution stated that three duly elected persons shall constitute the Disciplinary Committee. Again, empowered by Sections 10.3 and 23.3. of the Constitution, the National Congress could decide to adopt general and specifi c policy measures by means of resolutions in the furtherance of the aims and objectives of the Union. The appellants would not be prejudiced by the number of National Disciplinary Committee members, the Constitution indicated a minimum of three, therefore, the more the numbers, the better for fairness. It was proposed that Congress should adopt the two proposals in dealing with the summary dismissals of the appellants. Congress resolved that:

• The Proposed policy measure be adopted

Mover : Eastern Cape

Seconder : Free State

The following were nominated and endorsed by the Congress as members of the National Disciplinary Committee: a. Boas Mogale, b. Buyiswa Matika, c. Makhubalo Ndaba, d. Moses Madlala, e. Abel Mashaba,

Mover : KwaZulu Natal

Seconder : Northern Cape

18 Book One: 7th National Congress minutes

The National Disciplinary Committee was excused to go and deal with all matters separate from the congress hall.

11.4 Report of the National Disciplinary Committee After dealing with documentation of appeals presented and checking all relevant provisions, the National Disciplinary Committee presented their fi ndings to the Congress in a close session as follows:

“The congress made a resolution to form a committee to look at the appeals to this congress. The chairperson of that committee should present a report so that the congress can check the resolution as far as that report is concerned. Section 10 of POPCRU constitution states that the National congress shall be the supreme governing body of the union. Section 10.3 of the same constitution deals with the power and duties of the national congress. Section 10.3.1. states that the National Congress shall adopt general and specifi c policy measures by means of resolutions in furthering of the aims and objectives of the union and will consider and/ or decide on the following:

10.1.3.7. If those issues are the nominations removal or instatement of national offi ce bearers. Section 24 of the POPCRU constitution deals with the disciplinary procedures. 24.14. states that in an event of a person found guilty of unprofessional or unethical conduct they shall be given the right to appeal from the provinces to the National Disciplinary Committee whose decision shall be fi nal”.

“The congress has mandated a team of fi ve members to deal with appeals. The committee is constituted of the following: Comrade B.B. Mogale who was chairing. Comrade M. Madlala, Comrade A.T. Mashaba, comrade M.M. Ndaba, comrade B.V. Matika. Before us were nine appeals that had been lodged by the following members: F Goko, M Madikane, E.L. Grootboom, N.T. Mcaba, C. van Rooyen, S. Matwele, L.T. Ntsangani, D.L. Sithole, K. Titus. The decision of the committee is as follows”:

“After consideration of all the facts that were lodged by the appellants in support of their cases, the National Disciplinary Committee made the following decisions in respect of the following people:

• F. Goko, M Madikane, E.L. Grootboom and C. van Rooyen: The National Disciplinary Committee has reversed their dismissals from the organisation to twelve months suspension of membership from POPCRU effective from today the 13th of June 2011. After the expiry from their suspension period they may exercise their right in terms of the POPCRU constitution.

• In respect of the following: D.M. Sithole, K. Titus, S. Matwele and L.T Ntsangani, the National Disciplinary Committee has confi rmed their dismissals. The dismissal

19 POPCRU 8th NATIONAL CONGRESS

period has been reduced to fi ve years dismissal from POPCRU. After which they can make use of clause 8.8 of the constitution of POPCRU for readmission of membership.

• In respect to N.T. Mcaba, the National Disciplinary Committee has unanimously decided to confi rm the sanction of a dismissal as endorsed by the Central Executive Committee”.

The 7th National Congress endorsed the outcome of the National Disciplinary Committee.

Mover : North West

Seconder : Western Cape

12. THE SECRETARIAT REPORT 12.1 Introduction The report was an overview of the state of the organisation since the sixth [06th] National Congress in Cape Town in 2007. It was a political and organisation account on developments of the period under review and an assessment of the progress made in challenges faced by the movement internally at a level of COSATU nationally and internationally and in the sectors that POPCRU was operating. It outlined the major tasks of our movement for the period ahead. The seventh [07th] National Congress was convened in terms of Chapter 4 Section 10 of POPCRU’s Constitution as adopted at the 6th Congress. According to that provision of the constitution the National congress should adopt general and specifi c policy measures by means of resolutions. To decide on amendments of the constitution, reports from the Central Executive Committee, reports from the National Offi ce Bearers, the Financial report and approval of the auditor’s report and the unions fi nancial statements, all resolutions submitted to the congress by provincial representatives, nominations or removal or reinstatement of National Offi ce Bearers, election of offi ce bearers in any such matter that maybe in the interest of the organisation. We were making the assessment on the progress made against the strategic objectives of the organisation. Key amongst which are the following: • The state of the organisation, • The gender issues, • The political report, • Departments and provinces, • The sectoral issues where we operate.

12.2 The constitutional structures: POPCRU was a worker driven organisation and its decision making process was embodied purely on its constitutional structures. The highest decision making body

20 Book One: 7th National Congress minutes

of the organisation was the National congress. Other structures such as the Central Executive Committee [CEC], the National Executive Committee [NEC], Provincial Shop Stewards Councils [PSCs], Provincial Executive Committees [PECs] and Local Shop Steward Councils. Other sub-committees were convened in between the congress to assist in progress and on implementation of the resolutions. The following are sub- committees operating between the National Congresses: • The Secretariat Forum; • Financial committee [FINCOM]; • National Education Committee [NEDCOM];

• And the newly formed Chairpersons Forum.

POPCRU belonged to all its membership who was highly committed to deliver effi cient policing services and rehabilitation programs to the South African societies. It resolved to build a powerful POPCRU and grew its membership, measured social and economic policy resolutions which were adopted in response to the challenges facing congress and further resolving to build the South African Communist Party, capacitating collective bargaining structures, addressing under staffi ng in correctional services and the dangers associated with that, convening of the Anti-Crime Summit and transformation of the Judiciary, health care and social responsibility. The 6th National Congress was followed by nine Provincial Congresses around the country. The leadership which emerged from the Provincial Congresses was as follows:

12.2.1 Eastern Cape Chairperson : Matwele Deputy Chairperson : Titus Secretary : Tshaka Mdiya Deputy Secretary : Mongezi Bathembu Treasurer : Lungi Ntsangani

12.2.2 Free State Chairperson : Cde Dlamini Deputy Chairperson : Cde Velekwa Secretary : Rankele Msinto Deputy Secretary : George Ramotsoto Treasurer : Neliswa Riet

21 POPCRU 8th NATIONAL CONGRESS

12.2.3 Gauteng

Chairperson : Tshabalala Zulu

Deputy Chairperson : Doctor Tema

Secretary : Matsemela Matsemela

Deputy Secretary : Wilhemina Choshi

Treasurer : Monica Mzamo

12.2.4 KwaZulu Natal

Chairperson : Christopher Makhathini

Deputy Chairperson : Staff Ndimande

Secretary : Kwenzokuhle Nxele

Deputy Secretary : Nogwaza Nhlakanipho

Treasurer : Dube Nothando

12.2.5 Limpopo

Chairperson : Marurung Masemola

Deputy Chairperson : Hangwani Mashao

Secretary : Obadia Mathebula

Deputy Secretary : Mashilo Hannes

Treasurer : Thandi Shimange

12.2.6 Mpumalanga

Chairperson : Thulane Ntsele

Deputy Chairperson : Thabo Zulu

Secretary : Sipho Nkambule

Deputy Secretary : Riri Shabangu

Treasurer : Sibongile Nkosi

22 Book One: 7th National Congress minutes

12.2.7 North West

Chairperson : Solomon Lekhu

Deputy Chairperson : Johnny Dingake

Secretary : Lebogang Phepheng

Deputy Secretary : Nomalanga Mabokela

Treasurer : Johnny Mekgwe

12.2.8 Northern Cape

Chairperson : Tony Modise

Deputy Chairperson : Tholo Mokubung

Secretary : Gladstone Itebogeng

Deputy Secretary : Margaret Molefe

Treasurer : Tshepo Oliphant

12.2.9 Western Cape

Chairperson : Fransisco Fields

Deputy Chairperson : Xolile Marimani

Secretary : Mncedisi Mbolekwa

Deputy Secretary : Daniel Melapi

Treasurer : Katarina Draaiwers

12.3 Organisational analogy The organisation had some in house challenges and weaknesses like internal wrangles including leadership battles until 1996. At that time the fi nancial status was at a minus status. It had since grown from strength to strength under the leadership of President Cebekhulu. It took a lot of efforts to drive and put the organisation to the status where it was during the 7th National Congress, which included the National Offi ce Bearers at the time taking leave without pay for the purpose of giving the organisation appropriate direction. Those were some of the strategies employed by leadership at that time though such moves had ripple effects on some of them. The issue pertaining to leave without Pay [LWP] as outlined above had to be addressed because it was fi nancially affecting some of the NOBs like the President. Congress was requested to endorse a principle decision that would be dealt with by the succeeding NEC and CEC to address such hiccup.

23 POPCRU 8th NATIONAL CONGRESS

The secretariat report to the Central Executive Committee held in December 2008 diagnosed the state of the organisation and the challenges facing our movement, thereby offering a concrete premise for our organisational work. It was an intense analogy which outlined the key challenges which the organisation had to deal with moving forward. In dealing with the status of the organisation the background from the constitutional provision was taken recognition of. An assessment of the organisation was made as follows:

In between the National Congress meetings the Central Executive Committee had done marvellous job in terms of addressing organisational challenges pertaining to policy matters. The organisation had, through its structure the NEC, displayed a lot of maturity and has built a strong cadreship of comrades who were enthusiastic and had shown dedication to the organisation. The organisation went through convoluted moments. From the time of its inception until after the special National Congress as already mentioned in 1996, leadership battles were the main focus of the delegates to the congress at the expense of sound organisational policies, activities and programs. That observation ended during the 1998 congress in Durban. The movement had since experienced a united leadership almost at all levels. The 2007 National and Provincial Congresses gave impetus to the level of strength and maturity in dealing with the issue of leadership. There were pockets of disunity in some parts of the organisation but not like prior to the 1998 era.

Discussion of leadership in Constitutional structures: The Central Executive Committee considered the resolution concluded by the National Executive Committee that the discussion of leadership in constitutional structures was the right organisational policy position and therefore confi rmed. Unity amongst leadership was a strategic prerequisite for the organisation and should be promoted at all levels. The National Congress was requested to endorse that policy position.

12.4 The development after the 6th National congress Since the 6th National congress there were some developments which emerged at national and provincial levels.

12.4.1 Changes within the national offi ce bearers In 2008 the organisation experienced an unfortunate situation with the passing away of its second [2nd] Vice President time Comrade Pretty Shuping Singonzo in 2008. With her sudden death the NEC sitting later in August 2008 deliberated on the matter and resolved as follows on fi lling her position:

Provinces should discuss the matter with their provincial structures and emerge with mandated positions from their respective provinces for fi nalisation of the engagements

24 Book One: 7th National Congress minutes

by the Central Executive Committee as per the earlier adopted positions. The guiding principles in discussing that matter were:

• The position had to be fi lled by a female comrade and the organisation’s election policy would always be the guiding tool in terms of the criteria.

The process was further deliberated upon during the Central Executive Committee sitting in October 2008. The Central Executive Committee in December 2008 nominated and confi rmed Comrade Bonny Marekwa to act as the second Vice President until the next National Congress.

12.4.2 The departure of the former General Secretary A COSATU Political Commission was convened in East London in 2009 during the ANC’s Siya Nqoba rally. Abbey Witbooi, the former General Secretary was nominated together with Comrade Gregory Rockman for the ANC list to parliament. However the process was overtaking by events and could not be taken forward. Comrade Witbooi joined government in the Department of Correctional Services in 2009. The Special Central Executive Committee in April 2009 offi cially released him to take up the position as the Chief of Staff for the Minister of Correctional Services. The special Central Executive Committee sitting of July 2009 nominated and confi rmed the former Deputy General Secretary, Nathi Theledi to take up the position left by the former General Secretary. The former Provincial Secretary of North West Lebogang Phepheng was nominated and confi rmed to occupy the position of Deputy General Secretary. Abbey Witbooi presented his valedictory address to the same Central Executive Committee. A proper farewell function was arranged for him on the 6th of November 2009 in Mangaung on the eve of POPCRU’s 20th anniversary celebration.

12.4.3 Developments at Provincial level Eastern Cape: The Provincial Chairperson and Provincial Secretary – Comrades Matwele and Mdiya resigned from their respective positions in 2009. A special Provincial Shop Stewards Council was convened and resolved that the Deputies [Comrades Titus and Bathembu] should act as Chairperson and Secretary respectively in the positions vacated by the two former POBs. An investigation was conducted on the role and behaviour by some of the members towards and during the 2007 Provincial Congress. The outcome of the investigation was presented to the National Executive Committee in October 2008 and it was accepted. Subsequently disciplinary hearings were conducted against those who committed misconduct.

Free State: Whilst the organisation was still mourning the passing on of Cde Pretty Shuping-Singonzo, there was a second unfortunate occurrence when the Free State Provincial Chairperson, cde Dlamini passed away later in 2008. The Provincial Shop Steward Council co-opted an acting Chairperson – Cde Velekwa to take lead of the province. Subsequently, Comrade Velekwa resigned from the position and was replaced

25 POPCRU 8th NATIONAL CONGRESS

by Comrade Thamae. The position of the Deputy Chairperson was fi lled in 2010 by Comrade Nocawe Booi.

KwaZulu Natal: The Provincial Chairperson, cde Makhathini, Deputy Provincial Secretary, cde Nogwaza and Provincial Treasurer, cde Dube were removed by the National Executive Committee meeting for defying the National Executive Committee resolution. A special Provincial Shop Steward Council [PSC] was convened and the following comrades were elected to fi ll the positions vacated by the three comrades: • Chairperson : Jeff Dladla • Deputy Secretary : Sifi so Mabizela; and • Treasurer : Nthabeleng Molefe.

North West: The Provincial Secretary, Comrade Lebogang Phepheng was nominated and confi rmed by the Central Executive Committee in August 2009 as the Deputy General Secretary to take over the position left by Cde Nathi Theledi in July 2009. The Deputy Provincial Secretary, Cde Nomalanga Mabokela was confi rmed to act as the Provincial Secretary until the next congress.

Northern Cape: It emerged that during the nomination processes in the Northern Cape towards the 2007 Provincial Congress, the Chairperson and Deputy Chairperson contravened the NEC decision of not contesting against the other Provincial Offi ce Bearers. The Chairperson, comrade Modise signed nomination forms to contest Comrade Bonny Marekwa – the then Acting Provincial Secretary and Comrade Mokubung contested the position of Chairperson then held by Cde Tony Modise. The NEC resolved that the two comrades [Tony Modise and Tholo Mokubung] should be removed from their positions for their failure to comply and respect the decision of the National Executive Committee [which they were part of and binding to all POPCRU members]. The special Provincial Shop Stewards Council was subsequently convened and emerged with the following comrades to replace them: • Chairperson : Blackie Swart

• Deputy Chaiperson : Aubrey Wiso

Information was received that the Chairperson, Comrade Blackie Swartz was involved in ill-treatment and abuse of POPCRU members including his alleged connection in recruiting members for COPE. An investigation was conducted and presented to the National Executive Committee in March 2010. The NEC ordered that there should be further investigation to determine the level of involvement by other Provincial Offi ce Bearers. A team was send to the Northern Cape to beed up the investigation, however the other POBs refused to cooperate. The fi nal report was presented to the NEC, which was endorsed and further ordered that disciplinary hearings be held against the

26 Book One: 7th National Congress minutes

Chairperson, Secretary, Deputy Chairperson and the Treasurer. The Deputy General Secretary, Lebogang Phepheng was subsequently sent to Northern Cape to lead the administration and facilitate the fi lling of the structure. The process led to convening the special Provincial Shop Stewards Council which emerged with the following leadership: • Chairperson : Zamani Mathiso • Deputy Chairperson : Mzukisi Skhundla • Secretary : Boitumelo Pheleo • Deputy Secretary : Margaret Molefe • Treasurer : Charity Links

12.4.4 Locals and Institutions Locals were the lowest structures of the organisation where mandates were sought and that was where service delivery was key in taking forward the organisation’s agenda. Each Province consisted of ten [10] locals which comprised of four [04] offi ce bearers, namely Chairperson, Deputy Chairperson, Secretary and Deputy Secretary. The institutional leadership was elected as per departmental agreements and in some instances, only one shop steward was elected to service a certain number of members. That varied from one institution to the other informed by the total number of employees in each institution.

12.5 The political section Challenges of the political transformation: Reference was made from the COSATU Central Executive Committee report which was for the period from September 2009 to February 2011. The period referred to had probably been the most dynamic and volatile three quarter years in South African politics since the democratic breakthrough nearly seventeen years [17] years ago. It had seen a popular political revolve in the ANC in December 2007 followed by the adoption of a radically new policy agenda in the breakthrough of the previous leadership. The removal of the former ANC President – Thabo Mbeki, inauguration of the new administration, the emergence of the powerful elite combined with the conservative populist agenda to enhance the ANC to advance their interest. A fi ght back by the conservatives in the state and massive contestation over economic policy, challenges by demagogues in the new leadership in the ANC, the development of political paralysis in the state and their alliance, deepening of the social distress and the mobilisation of communities, massive international and domestic economic shocks as a result of the economic crisis, resurgence of the progressive centre in the movement at the ANC’s 2010 National General Council.

A diffi cult but very successful 2011 Alliance Summit was attended by the progressive elements within government to assert a developmental agenda and resistance by the old

27 POPCRU 8th NATIONAL CONGRESS

bureaucrats and conservatives in cabinet. The key political phases was summarised as follows:

Phase 1: The Polokwane and the end of Mbeki era in 2007 to September 2008.

Phase 2: The Alliance honeymoon December 2007 to mid-2009.

Phase 3: Fight back and contestation mid-2009 to 2010

Phase 4: The political paralysis January to September 2010

Phase 5: The new development strategic and political defeat of the predatory elite.

12.5.1 POPCRU’s participation in COSATU As an affi liate of COSATU in good standing we participated in the federations’ structures. Reports to the NEC at all levels pointed to the fact that all provinces were contributing and always present in all meetings in COSATU activities. An analysis was made in that we were present in all meetings or were we making the necessary contribution of all levels of our engagement. It appeared that not much was given to the activities of the federation. No time was set aside to discuss the COSATU agenda prior to the scheduled sittings for preparation and full comprehension of the agenda items by our structures. That would be boosting those who attended the sittings with proper organisational mandate. Subsequent to attendance of the sittings there were no formal feedbacks on the full items discussed, which made it diffi cult to trace and implement decisions taken for the proper co-ordination of the federation activities. That left part of the leadership with less grabs of the federation’s developments other than the snapshot report on specifi c issues. As a labour movement and an affi liate of COSATU we had to be politically conscious at all times and be able to articulate and engage in political debates at all levels of our structures. An advancement of our political debate was that we were sometimes found wanting on that area. That was a weakness in the political engagement within the alliance structures. We had not connected with political decisions taken as an affi liate whether or not such decisions affected us. An acknowledgement of that weakness came with the necessary intervention in that regard and accordingly bringing the way forward for the entire movement. That was an objective assessment.

The political school: The NEC meeting in March 2008 resolved that we should conduct a political school. A committee was establish and tasked to develop a political program for the political training of leadership at all levels. The committee emerged with the following topics for the development of modules for the political school with assistance of vanguard – the South African Communist Party: • The National Democratic Revolution [NDR],

• The class struggle and post 1994 state in South Africa,

28 Book One: 7th National Congress minutes

• The social economic system,

• SACP and socialism,

• The role of progressive trade unions within the NDR,

• Polokwane and the working class,

• Collective leadership.

We subsequently convened the historic National Political School in 2010 under the theme: “Consolidating politics in theory to advance working class revolution in the criminal justice”. The program had since been rolled out to the provinces.

12.5.2 The organisational challenges 2010 had seen POPCRU experiencing some challenges where former leaders were engaged in war path to destroy the organisation. Three special and one normal National Executive Committee meetings were convened in 2010 and discussed the activities of those who attacked and wanted to destroy POPCRU and its leadership. That emanated from a resignation by one Director at POPCRU Group of Companies [PGC] which was followed by allegations that Xhosas were being purged from both within the movement POPCRU and within its business arm. The NEC discussed and found those allegations as groundless and untrue. Subsequently, pamphlets which made startling allegation against the President, the National Treasurer and some in the business arm were distributed in Limpopo during a Polmusca competition. Documents with the same contents were received by some of the National Offi ce Bearers, the POBs, individual members and some of the staff members from the post offi ce. E-mails with the same information were received by some of the POPCRU administrators in the provinces around the country.

It later emerged that the former First Vice President was part of those who were attacking the organisation. She was suspended by the NEC in October 2010 and an investigation instituted against her activities. The Special NEC on 04 December 2010 received the investigation report with fi ndings and recommendations. That was after she failed to cooperate and the NEC discussed and pronounced on the matter recommending the CEC to take fi nal decision. The report of the Special NEC was presented to the Central Executive Committee on 05 December 2010 and was endorsed. The former Vice President was dismissed together with those found to be working together to destroy the organisation. The leadership briefed COSATU and it was established that Rubber, Witbooi and Mpemva were there before. She appealed against her dismissal. Before the appeal could be heard by the structure where she appealed [National Congress]. We received court papers where she was challenging the organisation to reinstate her.

29 POPCRU 8th NATIONAL CONGRESS

There were some threats of invading the National offi ce. However, the organisation was proud of its members who made sure that such threats were made void. A case was opened at Pretoria Police Station by Mpemva against the Treasurer and the CEO of PGC. Another case was opened by Pambo against Mdiya. Such moves were appreciated because we always maintained that anybody who knew of any corrupt activity or had information in that regard should go to the relevant authorities. However, instead of awaiting the outcome of the investigation, the dissidents proceeded with their destructive activities. Strange cars were seen at the location of some of the leadership. The President’s son was abducted and the Treasurer’s son followed by strange people. Several e-mail enquiries were received from Mail & Guardian with so-called allegations of corruption. In addressing some of those aspects, the security over the President and the Treasurer were stepped up immediately whilst considering long term measures for the entire leadership. As already outlined above, there was a threat to invade the POPCRU head offi ce and comrades responded in numbers from Provinces to deal with the matter and to protect their building. The NEC engaged on the matter and resolved that: • That the Security measures on the President and National Treasurer should be confi rmed and that through assessment, security be extended to the other NOBs.

• That security should also be observed even at lower levels.

• That the leaking of information from the organisation was condemned.

• That the NEC had a responsibility to protect the organisation and its properties including its resources.

• That we should use all the resources to protect the organisation.

• The legal processes on the Mail & Guardian story were confi rmed.

12.6 Departments The organisation consisted of four departments, namely: • Secretariat : Head of Department is Dliswa Mthimkhulu,

• Organising : Head of Department is Matsebe Maswanganyi,

• Collective Bargaining : Head of Department is Simon Madini,

• Finance : Head of Department is Busisiwe Mazibuko.

The organisation conducted the strategic planning in 2010 and the process emerged with the fi fth department called Legal. The work-study process was underway for determination of the required positions, job descriptions and levels including the relevant packages.

30 Book One: 7th National Congress minutes

12.6.1 Secretariat Since the sixth National Congress, the period had been one of the frenzied, full of organisational activities, some planned and others informed by a cycle of events taking place within the Federation and notwithstanding the long-drawn-out public servants strike and marches against re-militarisation of the SAPS. We stood to affi rm that indeed that had been a period of activism within the union movement and as a conquest with all set targets achieved as per the organisation’s operational plans embodied by a successful hosting of our fi rst ever political school. POPCRU remained an institute of pioneers for great standards and principles. That notion was confi rmed by the conspicuous impact marked by POPCRU`s fi rst Political school. The model was greatly incredible with eligible invaluable contribution by political leaders drawn from the ANC, SACP, COSATU and the academia. Indeed POPCRU remained ever relevant in advancing the working class struggle within the criminal justice. Equity was unprejudiced and the standard of the material produced were opulently thoughtful and of great minds, empowered to transform and install good political ethics and revitalise the Marxists and Lenin’s within the union spectra.

POPCRU National Political School was as a result of resolutions taken as far back as 2008 and well-versed by a strong believe that Worker’s Education in the current conjuncture and milieu should be defi ned by its transformative role of debating, and articulating a vision of an alternative society. Organisational development and solidarity work could be taken forward as part of revolutionary vehicles to a total liberation of the working class and the poor. Political Education became a vital building block towards building and maintaining democratic, vibrant and labour movement that could defend, advance and champion the interests of the working class. In general, the Political school was an immense success which was cascaded down to Provinces during the Provincial Shop Steward Councils carrying the same level of professionalism and Political rhythm.

Human Resources Unit: The HR Department dedicated most of its time on ensuring that there was staff discipline, retention, policy adherence, education and training. There were improvements on the total staff turn-over since the last congress though some offi cials resigned from the organisation for greener pastures elsewhere and most in particular within some COSATU affi liated unions.

Counselling and support: Care-ways Group [Professional Counselling company] was still contracted to the organisation in rendering services to staff members across all provinces and Head offi ce. A recent report indicated a zero percentage rate on the use of their services by employees during the last quarter. Due to the high level of garnishees by staff members and fi nancial management discrepancies experienced by some employees of the organisation, Care-ways reviewed and extended their services to include Financial Counseling and Debt Management.

31 POPCRU 8th NATIONAL CONGRESS

Health and Safety: We succeeded in ensuring that a committee on Health and Safety was established in order to discuss and ensure compliance and maintenance of the building.

Social Responsibility: The organisation succeeded in imparting skills through ETDP SETA funded Learner-ships programme by utilising the services of students on contractual basis.

Recruitment and Appointments: Since the last Congress, the organisation has witnessed the following staff movements:

Staff Movement : July 2007 To May 2011

YEAR: 2007 Appointments Resignations Terminations Dismissals Transfers Promotions Deceased Mangaliso N Yako T. None None None [deployed to PGC] None None Mosala M.M. Bapela M.D. 03 0 0 0 01 0 0 YEAR: 2008 Appointments Resignations Terminations Dismissals Transfers Promotions Deceased Makhubela E. Mothiba M.M. Dyshu M. Isaacs S None [transfered to KZN] Madini S None Dipela M. Mampane N. Ntombela N. [Deployed to PGC] Mphahlele R. Kubheka D. Nkosi Z. Masuku W. Manzini Z. De Toit N. Mazibuko B. Nxele L. Mafabatho B. Moiloa B. Tlala D. Mkosana Z.P. Motaung K.K. Mofela A. Gumani A. Mothibi K.M. Molefe M. Masuku W. Sebiolane M. Mkosana Z.P. 14 10 01 0 02 01 0

32 Book One: 7th National Congress minutes

YEAR: 2009 Appointments Resignations Terminations Dismissals Transfers Promotions Deceased Magongwa Ganjana Z. Busakwe X.L. None None None N. Masubelele Moloi A. J.A. Dlamimi N.T.C. Mosala M.M. Moloi T Klaas N.G. Mdlankomo T.M. Mahapa L.A. Nqamra M. Soko B.E. Makhene K.D. Mosesi P.A. Maswanganyi M.J. Yako T. Molefe T. Dlamini P.N. Nhlapo J. Nkosi Z. Phihlela T.C. Mahlanagu A.M. 12 10 0 0 0 0 01 YEAR: 2010 Appointments Resignations Terminations Dismissals Transfers Promotions Deceased Mohale Matekane M.G. W.F.R. Zoleka Manzini Pula M. Motaung K. Masilela N.Z. Thetsane E. Sali L. Ndlela B.G. Gaanakgomo J. Pambo V. Nyembe D.D. Motshegoa B. 07 0 0 05 01 0 0 YEAR: 2011 Appointments Resignations Terminations Dismissals Transfers Promotions Deceased

Mafuwane E. Mafabatho P.A. Maswanganyi J Mkhonza N. Monareng R Siyalana S. Mohoje R. 04 01 0 0 0 02 0

33 POPCRU 8th NATIONAL CONGRESS

POPCRU staff members: We engaged in a process of re-aligning our strategy to fi t into current environmental trends during the 2010 year under review. One of the major tasks was to review the organisation’s mission and vision. Since the sixth national congress we experienced a huge staff movement out of the organisation through resignations as illustrated on the table above. The strategic focus on the retention of staff had to be in line with our mission statement stated that: Mobilisation of effective modern resources and skilled human capital to provide quality service to our members”. Through that thorough assessment after the departure of a number of staff members, the NEC sanctioned a research process which was informed by reasons of departures such as low salary pay and to certain extend conditions of employment. A comprehensive research report was presented to the NEC with recommendations and was adopted as such. That resulted in improved salary adjustments of all staff members, the main focus being on the lower levels. It was evident that indeed since the improvement of salaries, there was stability which was a clear indicator that the situation was stabilised.

National Offi ce Bearers

Name And Surname Position Political Responsibility Zizamele Cebekhulu President Political Head Nkosinathi Mabhida Deputy President Collective Bargaining Vacant 1st Vice President Organising and Gender Bonny Marekwa 2nd Vice President Education and Training Nkosinathi Theledi General Secretary Overall Administration Lebogang Phepheng Deputy General Secretary Staff issues Themba Matsane General Treasurer Finance

The table below indicated POPCRU’s staff complement:

Name And Surname Department Position Dliswa Mthimkhulu Secretariat Head of Department Dora Tlala Secretariat Unit Head – Human Resources Josephine Masiela Secretariat Personnel Offi cer Ntombikayise Mbatha Secretariat Administrative Co-ordinator Early More Secretariat Unit Head – Legal Services

34 Book One: 7th National Congress minutes

Eastern Cape

Name & Surname Gender Race Position Bathembu Male Black Secretary Mzanenkosi Kulute Male Black Administrative Secretary Zingisile Jama Male Black Organiser Fikiswa Gaveni Female Black Administrator Black Paralegal

Free State Lawrence Msinto Male Black Secretary Amelia Mahlatsi Female Black Administrative Secretary Mapaseka Matekane Female Black Administrator Black Paralegal Gauteng Stephen Matsemela Male Black Secretary Ronnie Mohoje Male Black Administrative Secretary Louisa Mngadi Female Black Administrator Paralegal

KwaZulu Natal Kwenza Nxele Male Black Secretary Arthur Moloi Male Black Administrative Secretary Nqobile Dlamini Female Black Administrator Paralegal

Limpopo H.E Mashao Male Black Secretary Ephraim Mafuwane Male Black Administrative Secretary Daphney Bapela Female Black Administrator Black Paralegal

Mpumalanga Sipho Nkambule Male Black Secretary Michael Mdlankomo Male Black Administrative Secretary Zoleka Manzini Female Black Administrator Black Paralegal

35 POPCRU 8th NATIONAL CONGRESS

Name & Surname Gender Race Position

Northern Cape Boitumelo Pheleo Male Black Secretary Thapelo Motloung Male Black Administrative Secretary Xolile Singonzo Male Black Administrator [temp] Paralegal

North West Nomalanga Mabo- Female Black Secretary kela Jeffrey Gaanakgomo Male Black Administrative Secretary Ntombi Khumalo Female Black Administrator Black Paralegal

Western Cape Mncedisi Mbolekwa Male Black Secretary Mziwabantu Nqamra Male Black Administrative Secretary Siyabulela Siyalana Male Black Administrator Paralegal

Employment Equity

Race Men Female Disability African 16 09 00 Coloureds 00 00 00 Whites 01 02 00 Indians 00 00 00

It was noted that all our recruitment processes were done internally and externally on print media in an effort to be inclusive to address issues of equity. We had since went to an extend of advertising in the Afrikaans News Papers trying to lieu and attract other race groups, but could not be successful in that regard as the fi gures above explain.

Training and Development POPCRU had taken a fi rm stand to spend 10% of its budget on Education and Training in order to advance the development of its members and staff. The process yielded positive

36 Book One: 7th National Congress minutes

results and enabled the organisation to pay attention to critical training areas that really contributed to the up-skilling of our membership and staff. We acknowledged the fact that some of the programmes were facilitated in partnership with external service providers. COSATU, DITSELA, NALEDI, LESAKA, PGC and other allies played a distinct role in making us realise our intention. There were areas where we still needed to do a lot in order to advance development which wouldlead to us realise our mission whilst carrying out the mandate as required by the constitution. The employee’s education and training programme was secured and conducted at various acdemic institutions of higher learning such as UNISA, Graduate Institute of Management and Technology, Damelin and DITSELA on the following courses: National Courses on Labour Law, Organising and Collective Bargaining, Gender, Introduction to ICT, Media Skills, Using Electronic Mail and Internet, Organisational Development, Health, Safety and Environment and Finance for Non Finance People, Fundamentals of Project Management, End User Technology, Bookkeeping to Trial Balance and Procurement, Supply Chain Management and Project Management.

Advanced Leadership Development: Leadership Development was one of the major academic focus areas where the development of leaders was major for improved service delivery and quality leadership. We engaged leadership in various programmes since the sixth congress. The programmes were as follows:

• National Programmes - Wits University Programmes: The programme was initiated in 2008 and 2009 for the National Offi ces Bearers registered with WITS Business School for a leadership development course. Subsequent to that COSATU, through the ETDP SETA ran the same programme for the Provincial leadership which commenced in November 2010 for the duration of a year. • International Education Programme: Our International Programme yielded positive results over the years in response to training needs encountered by unions in other countries like: Lesotho and Swaziland on bargaining skills. A partnership with Public Service International [PSI] managed to ensure that a Media Skills training was realised for Media Offi cers/ General Secretaries for Botswana, Mozambique, Zimbabwe, Malawi, South Africa, Zambia and Swaziland. • Zamukulungisa Project: A joint training project was conducted with Zamukulungisa in an effort to skill all the Provincial and local leadership and the following training courses offered.

Course Target group How to conduct meetings Provincial chairpersons and Local Chairpersons Minute Taking Provincial and Local Secretaries Negotiations Skills Provincial Negotiators

37 POPCRU 8th NATIONAL CONGRESS

• Partnership with SSSBC: Another advanced leadership training project was initiated through the SSSBC for the Provincial leadership on a Certifi cate Programme in Leadership with WITS Business School.

• Corrections Chamber: Conducted Facilitation and Presentation Skills for eighteen [18] members from Gauteng. This training was to be rolled out to all Provinces in 2011/ 2012 developmental year. We registered twenty [25] members on Paralegal Learnership and four [04] blocks were attended already.

• Women Development [UWC]: The training began in 2008 where thirty [30] women were registered for Women Economic Development through the University of Western Cape. After the completion of the-afore-mentioned training, POPCRU resolved to register twenty two [22] Women on Advanced Diploma : Public Administration NQF 6 which was presented by FAIRSHARE in the University of the Western Cape. The fi rst contact session for the training was in April and its last block was on 04 – 08 October 2010. There was 100% attendance by the delegates except for one situation where one member did not attend due to ill health. SASSETA contributed towards funding the course through the Discretionary Grants. There were plans underway to assist all those who participated to plough back their skills within the union and for the organisation to benefi t in many ways. The programme was made possible with the employers having to assist the students through the call up instructions for the duration of their studies.

• LESAKA Projects: One of the benefactors has been PGC through our partnership with the Lesaka funded skills programme which benefi tted twenty-six [26] Paralegals. The following were the courses that were offered through the partnership: Paralegal, arbitration and conciliation. The partnership resulted in the launching of a project called Arbitration Co-ordinators and Paralegal project in 2009.

• Old Mutual Education Trust: The programme assisted the organisation to facilitate short courses on skills development projects. The below mentioned courses were realised since the last congress where members participated:

• conducting interviews to establish all the programmes that were funded by Old Mutual]

• HIV/ AIDS Train The Trainer

• Paralegal

• Provincial Programmes: The programme lured local and institutional leadership which were sponsored and offered by the Councils [That was the GPSSBC & SSSBC]

• Participation in DITSELA programmes: The organisation participated quite well in the programmes and courses offered by DITSELA. There were positive response

38 Book One: 7th National Congress minutes

from both the members and employees of the organisation in ensuring their active participation.

• Workers World Projects: The organisation has managed to pull ordinary members to participate in the projects as part of our Mass Based Education. The training courses were mainly conducted in the Western Cape. COSATU partnered with the Workers World in an effort to fund and initiate a Media Skills Training programme.

• University of Johannesburg: POPCRU Group of Companies sponsored a Paralegal Pilot Programme offered by the University of Johannesburg through their bursary scheme. Individual employees of the organisation were enrolled with the University on various fi elds of study.

• Basic Shop Steward Training: A need analysis process was embarked upon in order to identify skills shortage and to develop a training manual in response to a need to train our local shop stewards. The training covered three areas of development, namely: [1] Paralegal [Representation], [2] Negotiations and [3] Basic Leadership Skills. In order to train more shop stewards across the Provinces we employed a train-the-the trainer method which resulted to the training covering the Presentation and Facilitation Skills. The training programme ended in March 2011 and attracted two hundred and seventy [270] shop stewards across all Provinces within a twelve [12] months circle.

• Staff Development: The organisation was in consistence with its endeavour to infl uence and building capacity through human capital. The development of staff became key to respond to daily administrative issues and to ensure good governance within the organisation. Our training programmes were aimed at responding to the skills gap identifi ed internally and continuous audits conducted at Provincial and Head offi ce. The most measuring tool was done on quarterly basis utilising the Performance Management System document. The organisational Skills Plan was developed after the completion of the skills audit and recorded for training purposes on the ETDP SETA Work Skills plan form. The Graduate Institute of Management and Technology [GIMT] was identifi ed and staff members at supervisory and management level were enrolled on a customised Project Management & Development course. The entire course was facilitated and provided by accredited institutions. At least 90% of the staff members were trained since the last congress to date.

• National Skills Development Strategy III [NSDS III]: The proposals were a response to the Framework for the NSDS III [2011/12- 2015/16] Proposals as contained in the First Draft published on the 29 April 2010. The document was a result of the engagement process that started on the 01 July 2010 coordinated by the South African Communist Party. The response put together the concerns of those progressive formations and seeked to further solicit views from structures like the ANC, ANCYL

39 POPCRU 8th NATIONAL CONGRESS

and even ANCWL. The NSDS III Framework talked of a New beginning which was welcomed. The rolling back of the markets of Private Providers was acknowledged because in the previous10 years, sectoral provision shaped the linear qualifi cations development process and inhibited mobility of workers and the portability of skills and contributed to the very high costs of skills training. That was demonstrated in the JIPSA processes where one of the key constraints to fast tracking the acquisition of priority skills was the exorbitant and market related costs of training. That was a huge departure from the past practice.

Strategic Focus Equity Impact: The maintenance of Equity was welcomed but we needed to caution against the two glaring problems with Skills Development and Equity: a. There was no enforcement of a direct link in companies between the Employment Equity [EE] Plans and WSP’s. That left as a buzzword that employers paid only lip service and was not fundamentally implemented. If the Department of Labour had contrary data then we should be clarifi ed that why the High Skills levels of companies and Boards were still Boys or White Clubs even in the SETA’s. b. Those companies had in the past invented another equity Group which was the White women mostly at the Administrative sections and that large resources were invested in them as opposed to the majority of African employees who were at the Shop fl oor. The grouping had therefore been used as a buffer for Blacks in general gaining entry into the High Skill areas and the Boardrooms. Information and Career Guidance: There was no justifi cation why the SETA’s having done Two Five Year SSP’s could not provide the required information in April 2011. That had been a requirement in the past and all that should be required was an Update.

Recognition of Prior Learning: There was already an Recognition of Prior Learning [RPL] Model of Assessment in the SETA‘s developed by Singizi Consultants almost Five Years ago. In the interest of Best Practice Model SETAs should be required to replicate in their sectors by April 2011. To ask all learning programmes to ONLY include RPL access routes on 2016 was a fundamental disgrace to the millions of workers who wanted at that time.

Pivotal occupational programmes: Those were welcomed since they began to incorporate Full Qualifi cations to Structured Workplace programmes. However a caution again was that Employers could not be given a license to largely recruit Unemployed Learners there and then dumped them after the programmes. There should be an agreed combination of the two to ensure that the problems of Workplace instability and tensions between Unemployed and Largely Young and the Employed and largely Older Workers were managed and did not become the source of unnecessary friction at the workplace.

40 Book One: 7th National Congress minutes

Skills programmes and other non-accredited short courses: We know from experience what this means in practical terms and we want to caution that the SETA’s establish clear mechanisms to manage the whole concept. This for employers means that on the one hand the Bulk of the Employed workers must be subjected to meaningless Compliance training that is repeated every year for the sole purpose of passing certain Safety requirements. These training programmes are very short and have no empowerment mentality. They are equally more prohibiting for Unemployed Workers since they don’t lead to entry to the labour market. There has to be a very limited percentage of workers that receive such training. The notion therefore that WSP’s should be contained largely of these programmes is one that does not seek to transform the Quality and Content of the WSP’s and will lead to further disputes around their signing.

Skills Development Levies WSP and Pivotal grants: It had already been pointed out that the proposed conditions for the Workplace Skills Plan [WSP] Grant should be structured not as two sub-entities but as one complete Funding Window. The majority of the Grant could not be solely as a result of WSP submission without the achievement of any training. It was therefore proposed that a reduction of the grant to a total of 30% for the submission and then the further 20 % for reporting in the subsequent years submission period. That would ensure that companies were given at least the full twelve [12] months to implement their plans and only then report on their achievements.

Discretionary grants: We agreed that the grants should be dedicated to the achievements of the approved sector skills plan imperatives. It was also proposed that the Total percentage of the Funds for the grant should be 30%. That was in line with the progressive approach to discretionary grant envisaged from the previous NSDS. That would also ensure that companies focused on the economic imperatives identifi ed by the SSP including the social development imperatives as well.

Other Areas of concern: Increase of the Skills Development Levy Funding: The Skills Development Levies was still stagnant at 1% of the payroll of companies. That was largely due the failure largely of Government departments to pay the levy and the conservative economic policy that argued for fi scal restraint in social spending. We could not address the problem of the lack of skills and effect productivity of fi rms and national economic growth with that conservative GEAR mentality. It was proposed that an amendment of the Skills Development Levies Act should unfold to provide for an increase of the levy threshold from 1% to 4%. That would move us from the very low levels of HRD expenditure to levels that would carry all the proposals that were in the NSDS III Framework

41 POPCRU 8th NATIONAL CONGRESS

SETA representation of the Community Constituency: It was hoped the next draft would clarify who the social partners were. It was realised that Providers in many instances played the role of both the delivery agents and the social partner. That confl ict of interest had to be clarifi ed immediately. It was also felt that Communities were totally not represented especially by the SETAs and the tendency therefore was that SETAs concentrated only in the areas and provinces of sectoral density thereby not relating to access and transformation

The NSF should be paid largely from the Department and not from the funds collected and therefore the 2% Admin fee would be adequate. That was because other Government agencies like SARS who did the collection were also taking 2%. That would ensure that Government Agencies did not all seek to improve their administration fees through NSF. That talked to the CCMA proposal of increasing their administration fee for the training on lay-off. All government agencies seeking better funding could not use the NSF but should rather be advised to engage the Treasury.

Strengthening the Workplace Structures and Provincial Forums: We are currently experiencing a situation wherein the Workplace structures are undermined by employers. They are being used as rubber-stamp and are only convened to approve plans that they did not see before. The Provincial Forums on the other hand are merely reporting forums where no accountability can be sought. We are proposing a complete departure from that practice as follows:

That Workplace Skills Committee be integrated to the Employment Equity Committee so that the two processes should be periodically reviewed and interventions applied. • That Skills Development Facilitators and Employment Equity Offi cers accounted to those committees at the Workplace • That such Committees should be convened at least Four Times in a Year or 12 months cycle to Plan both the Two functions • That no SETA be allowed to Approve Plans that were not discussed at such structures and even in the required format • That All PSDF’s be coordinated from the Premiers Offi ce in every Province. • That the Provinces be required to submit Provincial Skills Plans and the New Public Services Seta reports on their performance. • That Provincial Progress Plans and Reports be Quarterly Reviewed • That all provinces ensure that at least one public providers was accredited to undertake skills development programmes in at least fi ve economic sectors relating to IPAP

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• Mass Education: A research project was conducted by NALEDI and its fi ndings were that unions are committing less if not nothing on mass education. However the report shows that we are amongst those organisations that are excelling in Leadership and Shopsteward Development. A development programme is been discussed to respond to the challenges and the NALEDI research report. Mass education contributes positively towards the growth of any organisation and it ensures membership retention. This type of programme may also assist in the development of potential shop stewards that will end up easing pressure during shop steward elections. COSATU have also launched the Mass Education that is not particular for any union but addressing generic educational programmes for the affi liates.

Research and Parliamentary report The Research and Parliamentary Unit was capacitating the Organisation with current affairs on the sectors of operation. It was also busy creating a good data base of relevant information for the union to draw on and to share with alliance partners, where need arose. The following papers were presented and the Unit did not come to an end in keeping the organisation informed and represented at Parliamentary Portfolios and other stakeholders.

Research Papers: Research is important in order for the union to be on board concerning issues affecting the sectors in which we operate. For POPCRU, it is of crucial value to be well informed with key issues concerning SAPS, DCS and Traffi c reform. As a result, the following research papers were constructed to navigate the position on all aspects.

Research paper Status Gender equity within POPCRU Final draft presented to National Gender Committee Salary scales for COSATU affi liated unions Completed Police wages against other public servants Completed Alternative measures for crowd combating First draft composed Alternative measures to sentencing in South Africa First draft composed The impact of HIV/AIDS within POPCRU Intended research The standard of service delivery by POPCRU Intended research

Parliamentary Submissions POPCRU was able to raise inputs and opinions with other stakeholders through position papers. It was of dire need that we should participate in shaping up the departments in which we operated through scrutinising budgets, annual reports, audit reports and any other matters of interest within the sectors. Since the beginning of 2011, we were able to present the following position papers to various stakeholders:

43 POPCRU 8th NATIONAL CONGRESS

• 2009/10 DCS and SAPS Annual Reports

• Position Paper on National Health Insurance [NHI]

• Position paper on Labour Brokers in South Africa

• DCS 2010/11 Budget Vote and Strategic Plan

• SAPS 2010/11 Budget Vote and Strategic Plan

• Corruption in the public service

• Discussion Paper on Criminal Justice System

• Remilitarization of SAPS

• Police killings in South Africa

• Amendment of Section 49 of Criminal Justice Act 51 of 1977

• Inmates labour and social reintegration

• Police violence in South Africa

• Discussion Paper on young workers

• IPID and the Civilian Secretariat Bills

• Women in energy and climate change

• Unionization of security services in the democratic States of Africa

• From a Service to a Force: dynamics of Police discipline and ranks

• From a service to a force: understanding the dynamics of Police discipline and ranks

• Government’s health priorities in the context of twelve national priority outcomes as stipulated in 2010/2014 programme of action

• The role of the prison in a democracy: a place for rehabilitation or vengeance?

• 2011/12 SAPS Budget Vote and Strategic Plan

• 2011/12 DCS Budget Vote and Strategic Plan

Resource Centre: POPCRU was having an ongoing interaction with DITSELA and NALEDI among other stakeholders in ensuring that the Resource Centre was at a desired standard. The organisation also managed to appoint the Resource Centre Offi cer effectively from the 06 April 2010. Her appointment was of vital benefi t in speeding up the revamping process for the Centre. The centre was experiencing a huge delay in the revamping process as per the strategic plan due to the fact that the centre was

44 Book One: 7th National Congress minutes

previously utilised as the storage place. A new storage place was under construction. It was therefore crucial that we should await completion of the construction process so as to start with the revamping process. Launching of the Resource Centre would be conducted as soon as it was up and running.

International Relations In our continued quest to see to the realisation of POPCRU’s objective within South African boarders and beyond, the International Relations desk had extended its relations to the following African countries: Lesotho, Botswana, Swaziland and Malawi and registered some level of progress as at the time. Despite the political intricacies within the continent, POPCRU managed to facilitate launches and trainings for our fellow comrades in some of those countries.

Lesotho: Lesotho proved to be a promising venture. The Lesotho Mounted Police Services Staff Association had been formed and during the 2007/8 ± 20 shop stewards received training in leadership, organising and bargaining skills. In addition, we managed to facilitate a successful launch of Lesotho Correctional Services Staff Association [LCSSA] on 27 February 2009 which was followed by a training of forty shop stewards. A further training was to take place after their imminent congress. In order to show our continued support and ensure self-sustenance of those associations, POPCRU in conjunction with American Solidarity Centre was to employ an organiser on contractual basis for both staff associations in Lesotho for a renewable period of six months.

Botswana: A series of meetings were conducted between POPCRU, BOPEU, Civil Society Organisation and the Deputy Commissioner of Police in an attempt to promote proactive labour relations in that country. The newly passed Act in Botswana suggesting that all Public Servants in that country to belong to one bargaining chamber, could expedite the realisation of labour relations because the police and prison would have one strong union or association rather than the situation at the time whereby there were three association, namely: the senior ranks, subordinate ranks and the junior ranks.

Swaziland: Swaziland was work in progress however, due to the political turmoil going on in that country it was diffi cult to make inroads. More on Swaziland was outlined under Book 4 – International report.

Malawi: A series of meetings were held in Malawi during a visit by the General Secretary and the International Relations Offi cer from the 27th – 29th April 2010. The purpose of the visit was a fact fi nding mission in that country and also to establish relations with other labour organisations. Among the organisations which were met were: Malawi Congress of Trade Unions [MCTU], Malawi Civil Servants Union, which was still struggling to recruit Police and Warders because the Act did does not allow them to do

45 POPCRU 8th NATIONAL CONGRESS

so and the Ministry of Labour. The Malawi Congress of Trade Unions had about twenty- two affi liates from within the economic spectrum representing about 200 000 members and about 450 000 – 600 000 members from the formal sector. A follow up meeting with the police authorities in Malawi was also organised for the 31st August - 3rd September 2010 in Lilongwe. The purpose of a follow up meeting was to meet with the Senior Police offi cers and discuss the possibility of a union or association within the Police. POPCRU was communicating with Malawi Congress of Trade Unions, Malawi Public Servants Unions and the principal offi cer in the Department of Labour. The said gesture was to enable POPCRU to meet with the Police and Corrections in that country. However, we experienced diffi culty to meet with the Police due to the police Act that prohibited Police to be unionised. The meeting with the Regional Commissioner of correctional services accentuated the importance of the follow up meeting in that regard. The indication of the next symposium in Malawi could work as an ice breaker in realisation of Police labour relations.

Congress resolved that: • The whole Secretariat report be adopted.

Mover : Gauteng

Seconder : North West

12.6.2 Organising The report covered the work done since the sixth [06th] National Congress to date. Focus was on all sections of the department namely: membership and retention, case management strategy, campaigns, labour relations and administration of Full-Time Shop Steward. The current Head of Department, Matsebe Maswanganyi took over Organising on an Acting capacity and later appointed into the position after suspension and eventually dismissal of the former Head of Department, Vukile Pambo.

Membership: Growth: The organisation conducted a research on the market which was focusing on competitor’s strength and weaknesses, the strength of personnel in the sectors within our scope of operation and recruiting tactics in all other organisations. Revelations were made on the short falls as an organisation why there was no growth or rather why it was slow. The recruitment strategy “Operation Buyelekhaya” and its implementation were adopted in line with the organisation’s 2006 – 2009 operational plans.

Big provinces were targeted [Gauteng, Eastern Cape, Kwazulu-Natal and Western Cape] and incentive payment system of hundred rand [R100 – 00] per stop order to motivate recruiters was introduced. The model worked wonders converting more than 2000 ordinary members into recruiters. As a result of thereof Organising experienced

46 Book One: 7th National Congress minutes

a lot of incoming stop orders. We have Comrades from our business wing, LESAKA, as recruiters. These Comrades have contributed a lot as well to the growth of the giant organisation. We have received many stop orders from their agents and or brokers. Every local and institutional leader had been identifi ed as recruiters. In addition to those recruiters the organisation has placed a number of FTSS from SAPU on special recruitment project.

A new joining form was developed to be more users friendly and a clear system was set up to control the movement of stop orders from receipt till fi lling. The membership system had been installed in the provinces and provinces started with their own capturing. The recruitment and retention strategy yielded very positive results. However there was no close shop agreement, hence the development of a target driven recruitment taking forward the strides made through “Operation Buyelekhaya”. A recruitment plan was developed with a total of 10 000 new members for the fi nancial plan in line with the 2010 – 2014 strategy objectives. The four big Provinces: Gauteng, Eastern Cape, Kwazulu- Natal and Western Cape were visited and recruitment plans with target have been set up starting effectively from the beginning of August 2010.

Membership: Retention Case Management Strategy: A research was conducted on the impact of service delivery in the organisation. Based on the research, it was established that part of representation of members should be re-enforced and improved. The Organisation initiated a project on service delivery that would run for a period of 18 months in fi ve identifi ed provinces; namely: Gauteng, Eastern Cape, Western Cape, Kwazulu-Natal and North West. The Project then gave birth to the case management strategy which was implemented effectively from the 1st March 2009.The following offi cials were appointed at Head Offi ce to enhance the operations: • A Case Management Offi cer and • Case Administrator.

Through the strategy the organisation appointed ten fulltime Provincial Paralegal Coordinators to coordinate cases to ensure that members were represented in the disciplinary hearings. Provinces were divided into service bays to identify service delivery challenges and correctly deployed resources for interventions. Each service bay had a fulltime case coordinator. The organisation was having a national and provincial Data of cases and details of the paralegals for all Provinces. National Offi ce received monthly reports from provinces on reported cases with brought forward dates for progress report. Through the system nine Comrades were further appointed as Full-Time Shop Stewards and were deployed to LESAKA Legal to beef up the capacity to handle disputes at Council level.

47 POPCRU 8th NATIONAL CONGRESS

Service delivery: Representation of members improved signifi cantly. However, the massive growth came with its own challenges and the organisation responded with several interventions. Amongst others, the organisational renewal, appointment of Paralegals, the appointment of FTSS and release of Offi ce Bearers from DCS. According to reports, there was serious lack of Service Delivery at Institutional level. There was inconsistent holding of meetings, non-visibility of political and technical leadership. Part of our strategy to improve service delivery was to upgrade communication between the organisation and the general membership. To try to improve the process of receiving complaints from members to the organisation and the response rate from the organisation to the members, we intend using the Short Message System [SMS] bundle.

Incentives for Paralegals: The introduction of incentives for paralegals on the 1st June 2009 was informed by a Case Management Strategy. Incentives are considerable in line with the CMS to ensure that our quality membership servicing is enhanced and such incentives are handled through the normal administrative processes.

Campaigns HIV/AIDS: On account of having conducted a campaign on “Know your status” during the previous National Congress through Voluntary Counselling and Testing [VCT], comprehensive programmes were put in place; e.g. training of peer educators. In the period under review we were able to put about thirty fi ve gender coordinators across all provinces on a train-the-trainer programme in partnership with Old Mutual in 2008. An Action Plan was drawn for all provinces to cascade the programme to all local structures as part of internalising Peer Counselling and establishment of Support Groups. However, we have been participating in Public Service International HIV/ AIDS seminars and other forums which were centred on making the pandemic a Trade Union issue, in particular on Collective Bargaining processes.

World AIDS Day: We have witnessed government’s position over the past four years changing from rhetorical denial to a practical solution in scaling down the pandemic in our society and achieving the Millennium Development Goals on HIV/ AIDS. Such evidence related to commitment of resources towards ensuring availability of Anti Retro Viral and other preventative measures. We have managed to cascade such programmes to provinces with a view of reaching out to members at a coalface of all sectors where we organise.

Sixteen Days of Activism: The organisation had, over the period under review, participated in the Sixteen Days of Activism Against Women and Children Abuse through National, Provincial, Locals and across the sectors where we organise. Amongst the programmes we championed was on domestic violence held under the theme “Stop Domestic Violence, Promote Human Rights”. Through the campaign we managed to

48 Book One: 7th National Congress minutes

observe a growing consciousness, among the membership in dealing with patriarchal tendencies of undermining the plight of women and children in the society. Other campaigns were on awareness about Cancer and Rape.

National Women’s Day: On the 09 August 1956 some 20 000 women marched to Union Building in Pretoria to protest against a law requiring black women to carry passes. The day was celebrated as a reminder of the contribution made by women to society, the achievements that have been made for women’s rights, and to acknowledge the diffi culties and prejudices many women still faced. We were able to host Women’s Day Celebration across provinces primarily focusing on women inmates and their dependants in prisons. Most importantly, the aim was to enhance social integration and cohesion through rehabilitation programmes.

National March Against Re-Militarisation of SAPS: Informed by developments within the South African Police Service on re-militarisation of service, the organisation resolved to embark on a national march to the ANC headquarters in rejection of same. That was informed by the fact the move by SAPS was in contravention with the ANC Policies which we subscribed to on effective community policing. More refl ection about the point was outlined under Sectoral report.

May Day Celebration: In the period under review we managed to participate in all May Day celebrations across all provinces in which the leadership was also deployed. Signifi cant amount of resources was committed by the organisation to assist in mobilising provincial participation. Of paramount importance was the elevation on campaigns for 2009 general elections for ANC decisive victory, decent jobs, the fi ght against corruption and banning of labour brokers. All those efforts were meant to consolidate the struggle for working class power and advancing the hegemony within a trade union movement.

Anti-Corruption and Crime Free Campaigns: We hosted and realised Anti-Corruption and Crime Free Campaigns to curb the new tendencies of hampering quality service delivery. Such campaigns related to our successful hosting of a Crime Free World Cup in 2010. The Campaign was targeting the community in particular pledging their support to create a safer environment for all before, during and after the soccer tournament. We were part of the launching of the SACP Red Card to Corruption in which new tendencies of tender-preneurship, crass materialism and patronage were a thorn to realise quality service delivery.

Full-Time Shop stewards: We realised the importance of enhancing the functionality of our full-time shop stewards. And amongst those concessions, was the augmentation of the number from sixty as in 2007 to more than ninety in the current phase, excluding Offi ce Bearers and Provincial Coordinators. Amongst the delivery modes was a realisation

49 POPCRU 8th NATIONAL CONGRESS

of a National FTSS meeting to take stock of challenges on service delivery programmes. Subsequently, a two-day workshop was held in response to challenges and hindrances.

The congress resolved that: • The Organising report be adopted. Mover : KwaZulu Natal Seconder : Limpopo

12.6.3 Collective bargaining The report covered collective bargaining activities since the sixth [06th] National Congress in 2007. Progress and challenges were mentioned primarily to enable the congress to assess the organisational performance on Collective Bargaining matters and the impact we made both on the departments where we were organising and the general political landscape. It included the bargaining conferences held and other relevant activities which we were able to embark on to improve the members’ conditions of service. The report also touched on the structure of the department with a view that the National Congress may utilise the opportunity to strengthen it in order to maximise the gains already achieved and to deal with the challenges in collective bargaining.

Assessment of Bargaining : Structure of the unit The department composed of eight personnel. Three of the eight were full time employees of the organisation and the other fi ve were seconded from sectors. The one area on personnel issues that still needed some attention was the personnel assessment. There were two instruments that were utilised. The full time employees of the organisation were assessed with a different tool while we used the performance tools of the employers to assess seconded members. There was a need to develop a tool that would be able to bridge the gap without compromising the two processes. There was still a developmental gap predominantly been dealt with through sending the personnel to various institutions of learning. The critical aspect that enhances good communication was the effectiveness of a communication tool which was determined amongst others by the Human Factor. In that instance cognisance should be paid to the political and administrative dimension of the organisation.

A reporting mechanism for provincial negotiators which was meant for communication in order to enhance the effectiveness of the monitoring mechanisms and intervention was developed. The critical aspects of the system would also be informed by the administrative autonomy of the Bargaining Department over provincial negotiators. Given that those negotiators would form the second layer of the national negotiators, it was proposed that bargaining should have a direct control and access of the negotiators. There was a still need to strengthen in ensuring that we were able to achieve the envisaged intentions.

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The system was also meant to boost the capacity of provincial chambers of all councils which at that stage were dwindling. That would then be coupled with the designation of a coordinator amongst the current ones who would also expand the scope of such a coordinator and handle chambers.

The nature of collective bargaining was such that commitment, loyalty and dedication were demanded from all cadres. Cadres were expected to be trustworthy, honest and reliable towards our members and the organisation as a whole. Cadres should always portray good conduct, discipline and exercise respect to all parties in the negotiation structures. That did not necessarily mean that cadres should be afraid to vigorously put the position of the organisation. There was a need to strengthen the structure with more negotiators due to the fact that the current public service bargaining structures had numerous committees and task teams to be attended and that stretched the current negotiators to an extent that it became diffi cult for them to effectively deal with challenges in those structures and to also coordinate bargaining matters in all the Provincial and National Chambers.

Challenges in Bargaining Councils We observed a foreign trend in the Public Service that concluded agreements were not fully implemented and as such gave rise to a lot of outstanding matters that overlaped to other fi nancial years. Public Service Coordinating Bargaining Council [PSCBC] resolution 1 of 2007 was typical example of many issues which remained outstanding for many years. Such practice also affected the PSCBC Resolution 4 of 2010. Birchwood 1 and 2, as concluded, paved the way for speedy conclusion of negotiations with all parties being committed in negotiating in good faith for the betterment of the public service. That commitment has been seen fading in particular when monitoring all concluded resolutions after Birchwood 1 and 2. Failure to implement concluded resolutions could be attributed to the snail pace of the employer in implementing resolutions and the non-effectiveness of the Public Service Coordinating Bargaining Council in monitoring agreement including those of sectors which were concluded as a result of outcome from the PSCBC. Such attitude also affected the implementation of the Public Service Summit declarations which were gearing towards a progressive developmental state. Amongst others, were the conducting of a comprehensive remuneration policy and the strengthening of collective bargaining structures. The dire call was for the employer to play its role in ensuring that agreements concluded are implemented and not disputed unnecessarily.

The coordination of Provincial Chambers seemed to be one of the main problems and task teams never fi nished the work given to them by councils. Further to that, the employer was always represented by the same representative in all Task Teams and that was detrimental to the governing and management of progress in councils.

51 POPCRU 8th NATIONAL CONGRESS

Organisational challenges Stream lining of bargaining matters: There was a need to re-look at the manner in which mandates were sort and coordination of bargaining matters. There was little streamlining and coordination of bargaining matters. Ideally, all negotiators who represented the organisation from National and Provincial Councils and Chambers should know what was been discussed in each of those Chambers and Councils to avoid duplication and contradicting organisational positions during negotiations. National Coordinators are responsible for this but due to work load and many bargaining structures, committees and task teams they have to attend to, they end not coordinating and streamlining bargaining matters. That was made worse by the fact that reports from Provincial Chambers, Provincial Labour Fora, Employment Equity Fora and similar structures were not reaching National offi ce and vice versa. That made it extremely diffi cult to streamline and coordinate bargaining matters.

A reporting mechanism for provincial negotiators which was meant for communication and reporting progress and challenges from the structures they negotiate and represent the organisation on, in order to enhance the effectiveness of the monitoring mechanisms, intervention, coordination and streamlining of those matters has been developed. However, since its development, no report had been forthcoming from Provinces.

Mandate Seeking and Feedback Giving Processes: The mandating process required that only the views and positions agreed upon in worker-controlled structures could be represented, and faithfully so. The crux of the matter could be a complex and long process of obtaining mandate from the constituencies and the process of engaging vigorously and properly interrogating technical aspects of the mandate itself. Dealing with bread and butter issues required extensive consultation and engagements internally before we could place matters on the agenda of the Councils. It therefore required adequate allocation of resources to ensure that programmes were carried out in line with the organisation’s strategic plan. The mandate seeking process was a huge problem which needed to be addressed structurally. There was a gap in terms of coordination on bargaining matters between National and Provincial level, which hampered on a wide variety of issues including reporting.

Predominantly, the gap was as a result of political jurisdiction and administrative authority. It therefore made it diffi cult to identify negotiators at provincial level based on assessed competency. There was a need for a succession plan with respect to negotiators who could step in when the gap was identifi ed through exit of current coordinators in the organisation. Extensive piloting of agreements and policies needed to be embarked on aggressively before conclusion could be reached. That could be done through road shows and addressing mass meetings. It would enable the organisation to stay in touch with members at grass root level, which was one of the key aspects in a member-driven organisation.

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Salary Negotiations 2007 The 2007 Public Service Salary Negotiations, with demands of Labour backed by an unprecedented, well-engineered and very effective strike, represented a landmark achievement for the Public Service unions, the broader labour movement and workers in general. It was high time that the attitude of the State, as Employer in the Public Service, was met with a degree of resistance to enforce change, tilt the balance of forces in favour of labour, bring an end to the order of the Employer dictating terms and create an environment conducive for collective bargaining. It was clear from the moment when the Employer tabled its offer for the fi rst time in February 2007 that the boardroom would not deliver a desirable settlement for labour. But again the offer of the Employer was not totally unexpected given the nature of collective bargaining in the Public Service since 1999. The original offer of the Employer was once more informed by the budget vote and not the other way round, though the Employer was forced to make signifi cant shifts in the latter stages of the negotiations. It was during those negotiations that the organisation pronounced during the proceedings of its sixth National Congress, that it would join the masses of public service employees who were on strike. It was also during the sixth congress that the South African Police Services was granted an interdict against the organisation for its pronouncement to join the strike and until to date, that interdict was still a nightmare to us.

Political assessment of the strike Introduction: There was refl ection on the strike of the public service workers and assessment made at the federation level about the political signifi cance of the strike and the challenges it posed to the trade union movement. It was agreed that things would never be the same in collective bargaining in the public service thanks to the strike. It was for that reason that it was imperative to understand the meaning of the strike and draw important lessons for future engagement.

A Historic Strike: The public sector strike would go down in the history of our country as the best industrial action ever to be led by COSATU unions for a number of reasons. That was the fi rst protracted strike in the public service, lasting more than twenty seven [27] days. It was a demonstration of power by a relatively young movement. It showed that our movement in that critical sector had come off age. A strike was only organised by those with functioning structures and a vibrant organisation. In 1999 we were weaker and that’s why government unilaterally implemented the wage offer. The power of that strike made it diffi cult for the government to consider the option of unilateral implementation. Not in our wildest dreams did we think that the COSATU unions could manage to lead the entire public sector unions in the manner they did. We never thought that the unity forged for 27 days of the strike action would be possible. Yet for all that period, all the public sector unions in unison spoke with one voice and

53 POPCRU 8th NATIONAL CONGRESS

acted in concert in pursuance with their legitimate demands. No other COSATU union ever managed that. In the recent periods coalitions of such kind led by other COSATU unions outside the public sector only lasted for three days before other unions outside COSATU attached their signatures to anything on offer.

Precisely because of the above point, the 2007 surpassed the 1987 historic mineworkers strike in size. It was the biggest strike lasting over 27 days involving anything between 600 000 to a million workers. Because of all those and other factors, the relationship between the government as the employer and its workers represented by the unions on strike was transformed. Never again would government treat bargaining in the public service as some form of collective begging process where it predetermined outcomes through the budget process. In future it would know that it should bargain to avoid a repeat of what it saw and experienced only for the fi rst time in 2007. From that point of view the strike organisationally and politically represented a victory for the public sector workers in particular and the South African trade union movement in general. It was from that context that we debated the strike, its gains and the mistakes that had been made. At that stage there were two dangers confronting the labour movement: a. Political defeat of the strike, b. The strike fi zzling out and possible breaking ranks by HOSPERSA and NAPTOSA; and c. Diffi culties arising out of different bottom lines and mandates amongst COSATU affi liated unions.

Fragmentation of the labour voice could lead to unions individually signing with the employer. Were all of those things to happen then we would have failed to provide leadership.

Assessment of the Revised Offer: The package represented some gains: The agreement was discussed in the context at the level of the federation. The agreement in its totality represented some progress and gains. It was felt that there was a genuine information gap between leaders and the membership. Report backs and mobilisation had focused, in a one-sided fashion on the twelve percent [12%] wage increase demand. Largely members were not been taken on board on other important aspects of the negotiations. The danger of such approach was that we could snatch defeat from the jaws of victory. There was a danger that we would demoralise members in a manner that would risk them losing confi dence in their unions and its leadership by downplaying our gains and not claiming our victories or progress made.

The strike had forced the employer to make real shifts from its initial position. Government initial offer before the strike was at six percent [6%] in wages, vague offer on Occupation Specifi c Dispensation [OSD] and pay progression, R242 – 00 per month for housing

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allowance. Further, government demanded a four-year agreement and refused to engage on the need for minimum service agreements, etc and its total package was R9 billion. The strike forced them to increase total offer to R14, 5 billion that improved the package considerably. It was necessary to provide a balance report that took on board the other important victories. A one-sided focus on failure to increase wages by twelve percent [12%] as per our original demands was defeatist and demoralising.

In summary the strike was historic because: It would change the bargaining dynamics as it demonstrated the power of the union movement and the workers. The sheer size of the strike was also a factor to take into account – between 600 000 to a million workers going on strike had no close parallel.

The level of solidarity and public sympathy: During the build up to the strike the media and the public were sympathetic to the workers. That was informed by public awareness of the low wages being paid to public servants against a rising cost of living plus the chaotic state of public services. Never before the strike did COSATU manage to organise a sympathy strike. That time around we got the local government workers to join the strike even if it was just for one day. Above that hundreds of thousands of other COSATU members held one lunch hour picket and demonstrations in support of the strike. We had rewritten history. We needed to fi nalise the issue of essential services otherwise we would lose public sympathy on that one point. Government and the media focused on the issue plus violence to try and discredit the strike.

Maintaining the Moral High Ground: A Review of the Strike Tactics, taking the initiative and putting the opponent on the defensive all the time: Collective bargaining was both about power: both physical and mental power. The public support for the strike was overwhelming. It was overwhelming because the public knew that it was true that the wages of the public sector workers had been kept low and that government was not investing in the public infrastructure leading to low levels of morale and poor service to the public. As already indicated, COSATU for the fi rst time in history, managed to mobilise solidarity from other sectors. Local government workers came out on a full one-day strike and with the rest of other unions where they could engage in lunch demonstrations.

Government had to respond hence it was forced to keep on improving its offer from 5,3% to 5,6%, 6%, 6,5%, 7%, 7,25% and now 7,5%. The unions for too long did not have a fallback position, turning 12% into a principle. That apparent infl exibility on our part saved government and projected the unions as intransigent. In the public eye, regardless of the minuscule movements by government, it was perceived to be more fl exible than the unions. When the majority of the unions began to realise that 12% was not going to be won they did not move quickly enough to the bottom-line position or to make a settlement demand. Because no bottom-line and or fallback position has been

55 POPCRU 8th NATIONAL CONGRESS

developed before the strike unions only began to ask that mandate to move to a fall back on the second week of the strike. That was an error, which lied behind feelings of betrayal by some members. That one-dimensional way of mobilising almost meant that anyone suggesting a fallback would be labelled a sell-out, leading to an impasse because leaders would be scared to suggest alternative for fear of ridicule or being painted as sell-outs. In the meantime we allowed the government to take the initiative and presented its fi nal offer and forced us to respond to its fi nal offer instead of us presenting a settlement demand and forcing government to respond.

Way Forward: Through the mandate seeking process, it was prudent to continuously receive feedback from the members. Everything had to be weighed properly and leadership provision had to be exercised. Labour, as per the developments prevailing at that time, there were only two options: either to call off the strike and sign the agreement or to suspend the strike and refuse to sign with the hope to mobilise members again on a later date. That route had huge implications in particular for unions with members dismissed for participating in the strike in defi ance to them been defi ned as essential services. There were huge questions as to whether labour had capacity to remobilise members at the same scale again in few weeks down the line taking into account that the strike was already running for 27 days. There were also no precedents that labour was aware of, which allowed unions to exercise power in the middle of the strike and to suspend the usage of that power. Based on the two options alluded on the strike, there was a need for legal consultation regarding the recommencement of the strike on the same issues that gave rise to the dispute at hand.

Salary negotiations 2009: Salary negotiations were preceded by a number of political interventions from both labour and employer. The intervention led to a smooth and progressive process that saw the public service concluding a wage agreement in a sliding scale.

Salary Negotiations 2010: The 2010 salary negotiations commenced in April with a view of conclusion at the end of the same month. Consolidated demands that were tabled by labour are as follows: a. Introduction: A Joint submission was done at the level of COSATU Public Sector Unions Joint Mandating Committee [JMC] in relation to the salary demands for 2010. In order to give meaning and expression to the wage demands submitted covered the following areas: • Socio-economic Context;

• Inequality in the Public Service;

• Medium Term Expenditure Framework [MTEF];

• Salary Increases & Consolidated Expenditure;

56 Book One: 7th National Congress minutes

• Projecting Infl ation; Infl ation set to Rise;

• Infl ation: a Tax on the Working Class; and

• Substantive Demands. a.1] Socio-economic Context: That was an outline of the economic context for the 2010/11 salary negotiations in the Public Service Collective Bargaining Council. It was recognised that despite the positive progress made since the democratic breakthrough in 1994 South African society remained characterised by world-record inequality, rising unemployment, and deepening poverty. South Africa was then offi cially the world’s most unequal nation with a signifi cant increase in income inequality resulting in the widest gap between the rich and the poor. The Gini coeffi cient index measured the level of income inequality. A value of one indicated complete inequality while a value of zero refl ected complete equality.

In South Africa it stood at 0.679, up from 0.66 in 2007, although down from a high of 0.685 in 2006. Generally any Gini coeffi cient above 0.5 was regarded as high. The fi gures for other countries with high levels of inequality were Brazil, at 0.57, Bolivia at 0.601 and Botswana at 0.605. But South Africa was the worst of them all. The Stats SA Labour Force Survey reported that the country’s offi cial unemployment rate increased to 24.5% of the labour force in the third quarter of 2009, from 23.6% in the second quarter, and that the number of employed people fell by 484,000 to 12.885 million. That meant that a staggering 4.192 million South Africans were without work. And that rose to 4.702 million if you add the 510 000 who had given up even looking for a job or opted out of the labour force completely.

The more realistic expanded defi nition of unemployment, which included those people that had given up looking for work, climbed from 32.5% to 34.4% in the same period. Stats S.A. say that “these patterns … show the continued deterioration in the South African labour market ... job losses were widespread, affecting most industries”. Furthermore, it should be noted that while the monthly incomes of South Africa’s poorest 10% rose by 33.3% from R783 in 1993 to R1, 041 in 2008, the richest 10% got richer by nearly 38% over the same period. What was more there remained a stark racial element to the inequality. While black South Africans’ salaries increased by 38% between 1995 and 2008, the incomes of white South Africans rose by 83.5%. That refl ected the fi ndings of the 2008/ 09 Employment Equity Report which indicated that the majority of black workers still occupied unskilled and low-paying jobs, whilst the top-paying positions were still the preserve of the white minority.

Jacko Maree, head of Standard Bank took home R14.1 million in 2008. Former SAA CEO Khaya Ngqula was paid a total of R13 651 in the past fi nancial year. Yet more than 20 million South Africans lived in poverty. With world-record inequality, rising unemployment and deepening poverty we remained more determined than ever to

57 POPCRU 8th NATIONAL CONGRESS

create a developmental state that was directed towards improving public service delivery based on improving wages and conditions of service workers, to the fi lling of vacancies, creating decent work, to improving human and material resource allocations, to in- sourcing outsourced services, and to fi ghting corruption in the public service. a.2.] Inequality in the Public Service:

The Independent Commission for the Remuneration of Public Offi ce Bearers had recommended a general increase in salary, allowances, and benefi ts of 11 percent effective from 01 April 2008, for all public offi ce bearers. In terms of that, President’s total package increased to R2 107 224 a year, the Deputy President’s to R1 896 546, Cabinet ministers R1 612 053, and Deputy Ministers R1 327 560 a year.

The leader of the opposition received R1 043 067 and ordinary MPs received R714 000 a year. The Premiers of the nine provinces received R1 517 259, MECs R1 327 560, and MPLs R691 641 a year. The Commission recommended a total salary package of R840 159 a year for Executive Mayors and Mayors, R680 985 for Deputy Mayors, R641 247 for municipal MECs, and R322 899 for Councillors. The Commission recommended a total package of R1 896 546 a year for the Chief Justice, R1 706 847 for the Deputy Chief Justice and President of the Supreme Court of Appeal [SCA], while Constitutional Court and SCA Judges received R1 517 259. It was reported in November 2009 that in the fi scal year to March the following annual salaries were approved: President would be paid R2.25 million, Deputy President R1.8m, Ministers R1.6m, and, Deputy Ministers R1.3m. In March 2009 an advert to fi ll the post of the Director General at salary level 16 in Home Affairs was advertised at R1 275 732 per annum. Meaning the wage gap between the President and a Level 1 employee was 54:1 and between a Level 16 and Level 1 employee was 30:1.

With the increasing inequality fi nding expression in the Public Service we were more determined to fi ght to reduce the widening wage gap in the Public Service and for above- infl ation pay increases for the lower paid employees. That was necessary if we were to vigorously fi ght against the grotesque level of salaries, bonuses and perks in the business world. a.3.] Medium Term Expenditure Framework [MTEF]

The MTEF presented the country’s economic forecast and fi scal framework for the economic recovery of the South African economy, and proposed the division of revenue and the medium-term spending priorities, such as compensation for employees to Parliament. The Medium-term Budget Policy Statement [MTBPS] was explicit in that it was seeking to create responsible stewardship and reform of the Public Service, which did not meet the legitimate expectations of South Africa. Noted in the MTBPS was

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the public dissatisfaction with poor quality service delivery, corruption, high levels of wasteful expenditure and ineffi ciency in government. Table 1 shows the compensation for employees, the percentage increase, the actual CPI for 2009/10 and the CPI forecasts going forward, plus the salary increase after taking into account the MTEF infl ation forecasts.

Table 1: Compensation for Employees [MTBPS 2009]

R billion 2009/10 2010/11 2011/12 2012/13 Compensation for Employees 272.1 294.7 315.2 330.1 Percentage increase 15.8 8.3 7.0 4.7 CPI 9.9 [actual] 6.3 6.0 5.7 Increase after accounting for infl ation 5.9 2.0 1.0 -1.0 Source: MTBPS [2009] The MTBPS had committed additional spending of R78 billion over the next three years prioritising industrial growth and job creation, rural development, education and skills development, health and improved policing. The 2009/10 15.8 percentage increased in compensation for employees accounted for the 2009/10 salary increase against high infl ation, public sector employment growth, Occupational Specifi c Dispensation to retain skills, and other priorities such as senior management remuneration. The 2010/11 percentage increase of 8.3% against the background of the infl ation forecast of 6.3% [effectively a cost of living adjustment], provided for a 2% “real” increase over and above infl ation. We were looking forward to engaging government on its projected estimates of infl ation, given the fact that the Reserve Bank itself had expectations that infl ation would rise in the medium-term. a.4.] Salary Increases & Consolidated Expenditure

The impact of salary increases on consolidated government expenditure is important to determine as it indicates the relative size of wages. Table 2 shows wages as a percentage of total consolidated expenditure.

Table 2: Compensation for Employees and Total Consolidated Expenditure

MTBPS 2009 Outcome Revised Medium-term estimates R billion 2008/09 2009/10 2010/11 2011/12 2012/13 Compensation of Employees 235 272.1 294.7 315.2 330.1 Total Consolidated Expenditure 715.4 841.4 905.6 975.6 1052.8 Compensation of employees as % 32.8 32.3 32.5 32.3 31.4 of Total Consolidated Expenditure Source: MTBPS 2009

59 POPCRU 8th NATIONAL CONGRESS

The data showed that personnel spending starts at 32.8% of total spending in 2008/09 and fell to 31.4% in 2012/ 13. Should those projections of total consolidated expenditure improve, then the share of the budget going towards wages would decrease. Government’s commitment to ensuring that the compensation for employees remained pegged at 30% of the total expenditure, was strengthened by the latest data on savings and effi ciency, economic growth, revenue collection, and the projected budget defi cit. The 2009/10 MTBPS noted a total net government saving of R14.5 billion at national level and R12.6 billion at the provincial level released monies to fund, amongst other priorities, additional personnel costs provided for in the main budget. Furthermore, it was noted that the National Treasury projections for economic growth and revenue collections remained positive. According to the Finance Minister, the revenue performance for 2009/10 was “phenomenal”. By the beginning of April 2010 the SA Revenue Services had collected R598.5 billion – R8.1 billion more than the revised estimate announced in the February 2010 budget.

The Minister of Finance insisted that it confi rmed that the South Africa’s economy was on its way to recovery. Such sentiment was reinforced when the Reserve Bank Governor indicated that despite the ongoing concern of a global recovery there were growing signs that the economy was bouncing back relatively briskly. Offi cial data in the fi rst quarter of 2010 showed that consumer spending, the economy’s main engine, rose by 1,4% in the fi nal quarter of last year – the fi rst increase for 15 months. Disposable income had crept higher, also for the fi rst time in 15 months, while debt service costs dipped slightly in the fi nal quarter of last year. Furthermore, the projected budget defi cit had narrowed to R166.1 billion, or 6.8% of GDP. Finally, with improving economic growth there was a distinct possibility that the ratio could fall below the projection for personnel expenditure from 32.8% in 2008/ 9 to 31.4% in 2012/ 13. a.5.] Projecting Infl ation

Infl ation was the measure of the increase in the price of goods and services over time. It was important to acknowledge that wage increases were operational going forward. It was therefore important to have an informed opinion of what infl ation might do in the near future. Of signifi cant importance was whether the projected increases represented a real increase. In other words, once infl ation had been accounted would workers receive a “real” wage increase to improve their general standard of living and provide better life opportunities for their families. Forecasting infl ation was however an inexact science due to the fact that food infl ation, oil prices and currency volatility could not be controlled and therefore accurately predicted. Infl ation estimates and forecasts changed over time, and in a short time. However, estimates of infl ation existed, from both government and the private sector. Table 3 showed the projected increases from government and three large South African banks for infl ation.

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Table 3: CPI Infl ation Projections [2009-2011]

Infl ation [Headline CPI Forecasts] Year 2009 2010 2011 National Treasury 7.1 6.3 6 First National Bank 7 5.5 5 Standard Bank 7.2 6.1 5.8 ABSA 7.4 6.3 5.7 Sources: MTBPS [2009], FNB [2009], Standard Bank [2009], ABSA [2009] The key projections for infl ation indicated the following:

• National Treasury projections were more or less aligned with the majority of banks. First National Bank had a lower projected infl ation rate than the other banks.

• The range for 2010 was between 5.5% and 6.3%. The majority of estimates were however in a smaller range between 6.1% and 6.3%. a.6.] Infl ation set to Rise The infl ation projections were conservative. The headline infl ation rate in January 2010 was at 6.2%, already beyond the upper limit of 6%. It is now being predicted by economists that the Reserve Bank will fi nd it increasingly diffi cult to meet the infl ation targets in the next few years. The following rising prices were expected to push infl ation beyond the upper limit of 6%:

• Municipalities were expected to announce soon rates increases as high as 15% in all the major cities;

• The 25% electricity tariff increase was to take effect on 1 April 2010;

• In addition, municipalities that supplied electricity direct to consumers were expected to increase their charges from July 2010.

The approved electricity tariff hikes of 24.8% in 2010, 25.8% in 2011, and 25.9% in 2012 would most likely add two percentage points to infl ation each year, taking infl ation above 8% in 2010. Other price increases include:

• Metro rail would soon increase ticket prices to between 15% and 20%,

• Sharp increases in road tolls were implemented in March 2010,

• Airport taxes were expected to be raised by 133% in August 2010,

• Petrol prices were set to rise within weeks as the general fuel levy of 17.5 cents a litre comes into effect on 7 April 2010,

61 POPCRU 8th NATIONAL CONGRESS

• In total fuel tax, including customs and excise and Road Accident Fund levies were to push up the price of petrol by 243.5 cents per litre and diesel by 228.1cents per litre.

The increase in toll road fees and petrol levies would force infl ation well above the government’s 6% upper limit and introduce sustained upward pressure on prices going forward. Increases in petrol levies and airport taxes had a knock-on effect on the whole value chain. The rising fuel prices would have a knock on effect on food infl ation. Economists were predicting that we would see food prices rising through the course of 2011, 2012, and in the next few years. The National Consumer Forum spokesperson, Ina Wilken, stated that: “Consumers are getting more into debt because of these forced increases. Poor people will not be able to afford the necessities”.

2010 FIFA World Cup The winning of the World Cup Soccer bid in 2004 created a challenge to prepare the country for hosting such an august event in 2010. South Africa hosted big sporting events as from 1994, but the World Cup was the biggest world sporting event ever held even in the continent at large. Simultaneously there had to be a general infrastructure upgrading and many soccer stadia around the country could not be seen to be functioning in isolation. The construction industry was the main benefi ciary of the stadia expenditure, the airports, the road upgrading and the new hotels being built, spread over a number of years between 2005 and 2010. But the growth impulse went much wider than that, for the government effectively challenged the public sector in a much wider context to start upgrading and expanding its infrastructure, covering harbours, export railway lines, national and municipal roads, power stations, telecommunication facilities and much more. The event was also linked to the much talked about high level of crime in South Africa.

Probably because of transparency on issues as a young democracy, the country was seen to the be the crime capital of the continent and that raised negative image and brought mixed views from the potential tourists who wanted to watch the world cup in the country. That amongst others including the role of the police to protect and ensure safety to everyone in the land, had to embark on a special project to ensure proper security which demanded more hours of work from the current establishment which led to negotiations ensuing to cover such. An agreement was concluded with an oversight committee established to ensure compliance and smooth implementation of the agreement. It was our view that members benefi ted from the event and as such the social standards were uplifted.

Medical Aids Government Employees Medical Scheme [GEMS]: Public Service Coordinating Bargaining Council, Resolution 1 of 2006 on medical assistance for the Public Service

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employees seeked to ensure that employees within the entire public sector were taken care of by state as their employer on health issues and also moving towards an improved public health system. Among the principles covered in the agreement, it was seeking to ensure greater accessibility by providing affordable medical aid cover to all employees especially the lower income earners to take up medical aid cover. Further to that to ensure cost effective medical cover for employees on GEMS over a long run period.

After conclusion of the resolution in the PSCBC, it did not receive much attention even within the COSATU block where some affi liates were arguing elements of exclusion in terms of the principle of free medical aid cover or low income earners. That neglect became a fertile ground for scavengers to redirect the fundamental principle of the scheme into money making machinery. It was more eminent when we supported implementation of our resolution on the merger between MEDCOR with GEMS which was completed in December 2008. The process resulted in the transfer of assets and employees been absorbed within the establishment of GEMS. The organisation embarked on a programme of action to transform the scheme back to its founding principles for the entire benefi t of our public service employees in particular our members in ensuring that it was able to respond to the needs and aspirations of workers. That culminated to vigorous processes including the attending of symposiums and Annual General Meeting’s [AGM] which had seen the scheme agreeing in amending certain rules as informed by inputs from labour spearheaded by the POPCRU.

COSATU secured a seat on the Board of Trustees of the scheme. It was not a smooth sailing process particularly considering that some unions within the public service were demanding equalisation of medical aid contribution to all employees of the state. Such notion was undermining the principle of ownership and bettering of the public health system by seeking to channel the resources to private scheme which their principle was motivated by profi ts. At that juncture it could be raised that indeed the strides we were making were bearing fruits where our members could benefi t.

Medical Aid Scheme for Correctional Services [MEDCOR]: The MEDCOR Board of Trustees [BoT] held its meeting and agreed to do everything in their power to ensure a smooth merger. The Board emphasised that there should not be any retrenchment of staff as a result of the process consequently mandating the Amalgamation Project Team [APT] to look into all available avenues to avert such unfortunate envisaged eventuality. In its quest to have the matter dealt with properly the APT met and resolved as follows:

• To hold meetings with all the recognised Unions in the DCS with a view of sensitising them to the plight of the workers and to seek their intervention. In that regard believing that the signing of PSCBC Resolution 1/2006 was not with a view of ultimately resulting in the retrenchment of workers.

63 POPCRU 8th NATIONAL CONGRESS

• To hold meetings with DCS, DPSA and GEMS with a view of engaging them into either one of them absorbing the MECDOR staff believing that vacancies did exist in those components to do so.

• As a matter of last resort, consideration of Retrenchment packages.

Amongst other things the APT had to look into was the Governance issue post January 2010 after the transfer of membership to GEMS during the wind down period. Meaning many people did MEDCOR have in terms of staff, their duties and the size of the BOT as well as their functions. The APT had since arranged meetings with the above mentioned role players and they drafted a plan on the retrenchment packages should it not yield the expected result. Such a plan would be forwarded to the BOT for consideration by the board and furthermore to be consulted with the affected members of staff. The APT consulted the affected and agreed on a settlement which took place on 31 April 2010 at the end of the winding down and deregistration of the scheme. The process was not an easy one informed by the fact that GEMS was not as affordable as it should amongst other things and secondly, the fact that it was not catering for specifi c needs of workers but was a general Medical Aid for Public service employees.

Police Medical Aid [POLMED]: POLMED was the critical component scheme for members within the South African Police Service. The voting process that we engaged in ensuring that we got maximum representation in the Board of Trustees yielded positive results. Furthermore, we managed to secure fi ve [5] Representatives on the Board through elections. There was a need to sustain infl uence for and on behalf of our membership and continue to command a leading role for the transformation of the scheme. The merger of the scheme based on POPCRU 6th Congress resolution would be realised as soon as all processes of transforming GEMS were concluded.

The congress endorsed the Collective Bargaining report Mover : Free State Seconder : Western Cape

12.7 Gender 2008 Women Development Course: University of the Western Cape [UWC] was the service provider for development of women and the course was conducted in blocks in 2008. The course targeted women at provincial level as POBs, Provincial Gender Coordinators, National Gender Coordinator, Full-time National Gender Coordinator and Secretariat Unit Head for Education. The organisation enrolled thirty [30] women and the course consisted of the following modules: • Gender and Development;

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• Communication and the Law;

• Workplace learning;

• Development Economics;

• Labour Practice A and B;

• Research Project;

• Organisational Development;

• Training, Design and Facilitation;

The course was accredited and in completion students were graduated and awarded a certifi cate.

2010 Women Development Course: The course targeted the same women who successfully attended and completed in 2008 and it was also facilitated by UWC. The number of women enrolled was twenty-two [22]. Qualifi cation was a diploma and the course content consisted of the following:

• Introduction to Governance and Communication;

• Public Policy;

• Managing Information and Communication;

• Leadership and Managing People;

• Managing Operations in the Public Sector;

• Economics and Public Finance.

Gender training [2010 – 2011]: Workshops on this targeted local gender coordinators and Chairpersons and Secretaries of the locals. Facilitators were women who attended the course in 2008 and the content was some of the modules from the same course and the number of women trained per province is as follows:

• Eastern Cape = 22

• Western Cape = 25

• Northern Cape = 34

• Mpumalanga = 20

65 POPCRU 8th NATIONAL CONGRESS

Research on Gender

The qualitative research approach, also known as the phenomenology approach, as opposed to the scientifi c quantitative approach, was used to conduct the research through the medium of a questionnaire, face-to-face and telephonic interviews with members of the Department of Correctional Services [DCS], the South African Police Service [SAPS], Metro Police and POPCRU Provincial Gender Coordinators. The approach applied for the study was intended to understand and explain a phenomenon rather than search for external cause or fundamental laws. Initially, a questionnaire was administered to all POPCRU Provincial Offi ces, nine in total. Only three Provincial Offi ces managed to respond in the fi rst phase which prompted the need for a follow-up through telephone interviews by the Researcher with Provinces which had failed to provide feedback. The researcher then had to face interviews with members of the SAPS and DCS, and they actively complied throughout the study. Efforts to arrange interviews with Traffi c department were made with no success due to the fact that traffi c offi cers were not nationalised, they operated under different departments per provinces and therefore had a combined statistics for the whole department. That was the Department of Safety and Liaison; Community Safety; Transport, etc. In order to complement and substantiate the above mentioned method, a review of documentary evidence for COSATU policies such as those on gender was done. Data gathered was captured in excel and thematic analysis was employed to analyse the provided information.

Patriarchy and Apartheid: Patriarchy was the historic social system in which men dominated. It was a social system in which men were regarded as the authority within the family and society, and in which power and possessions were passed on from father to son. The institutions within the system directed and distributed power and privileges to those who were male, whether in private or public life. There were certain characteristics and social roles which were associated with been male or female, and those that were males were valued more than the female ones. Within a patriarchal society labour had been divided in such a way that the man was the provider and protector, and the woman was the homemaker and bearer of children. That was the reason why men occupied more powerful and prestigious positions from which they exercised authority over women. As a result, men over the years saw themselves as more important than women. They drove the economy of the country and women were just benefi ciaries who did not contribute anything to the growth of the economy. That led to them behaving in unbecoming ways towards women and expecting that they should grin and bear it. Women had been dominated and treated unfairly due to such a system, and were regarded as having no rights and privileges, something which spilled over to the workplace. Unfortunately, due to apartheid, the patriarchal system was encouraged and supported through the state machinery and men been regarded as leaders and managers in the workplace, politics and society in general. In most organisations in our country, white, privileged heterosexual males were still dominant. According to the UNISA Institute for Gender Studies, they were called the ‘generic human’. The generic

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human became the ‘defi ning centre’, the one who’s partial or particular truths were generalised to the whole. The existence of such generic category was dangerous because their generalisations about what was right or wrong, good or bad, etc. erased other people’s knowledge and experience. As a result, they were unable to determine their own direction in life and live authentic lives.

Key Challenges Facing Women in the Workplace Gender relations: One of the key objectives in the process of transformation remained that of the transformation in gender relations. The challenge was to shape the broad transformation project in a way, which acknowledged the centrality and compatibility of the transformation of gender relations to the broader institutional change process. That required a fundamental review of what had come to be accepted as ‘business as usual’.

Poverty was a major problem for women in South Africa. The systematic and socially engineered location of women in work place had been directly responsible for the poor conditions under which the majority of South Africa’s communities lived. An apartheid law coupled with repressive customs and traditions, disempowered women in ways that would take generations to reverse. While the new democratic government had established enabling legislation, it should move towards delivery to alleviate and eventually, eradicate poverty.

HIV and AIDS was also a serious problem in South Africa. It affected women disproportionately to men. The power imbalances between women and men in interpersonal relations contributed to that growing pandemic.

Violence against women remained a serious problem in South African Society. The high incidents of rape cases, as well as other forms of physical and psychological abuse of women and girls were evidence of such. While the criminal justice systems were beginning to deal with such crisis in a gender sensitive manner, it continued to be a major challenge especially as it compounded by its interrelation with poverty and HIV and AIDS.

Access to basic needs such as education had also been infl uenced by unequal gender, race and class relations. The inequality of power between women and men had inevitably led to the unequal sharing of resources such as information, time and income as well. Access to basic resources had improved since 1994 but women’s control over those resources was still not satisfactory. The lack of infrastructure in the rural areas still acted as a barrier for women to gain easy access to basic resources.

Access to employment and economic empowerment: differential access to employment opportunities existed. Whilst theoretically women had access to a broader scope of position in the labour market, those new opportunities were accessible to a

67 POPCRU 8th NATIONAL CONGRESS

narrow pool of women who had access to skills development, education and training. In large measure, women’s employment remained within positions which were low paying and which had high rates of turnover. The challenge was to ensure that POPCRU’s macroeconomic strategy promoted economic growth and suffi ciently addressed the differential impact of macroeconomic policy on various groups of people depending on class, race, age, gender, location and disability.

Access to science and technology: Science and technology, as fundamental components of development, were transforming patterns of production, contributing to the creation of jobs and new ways of working, and promoting the establishment of knowledge based society. Given the large number of women in the workforce, there should be device mechanisms for engaging women with science and technology in order to enhance their productivity and thus increase the quality of national production. Women should be actively involved in the defi nition, design, development, implementation and gender impact evaluation of policies related to economic and social changes within the union.

Women’s access to political power and decision-making improved since the 1994 elections. The challenge to political institutions was to change their culture in order to be more responsive to the needs of women politicians and civil servants.

Women’s mobility in the workplace: women faced many barriers with regards to their mobility in the workplace, particularly barriers of access to entry into management. Furthermore, women found themselves stuck at same positions. Those challenges needed to be debated and addressed.

Why Gender Empowerment: For a long time women have been in the receiving end of the injustices of our country, both in the public service and socially, and many still continue to be treated unfairly in the workplace, in their homes and in their communities. South Africa’s impressive policy advances remain far ahead of existing realities in which most women continue to face oppression, discrimination and poverty. We need to focus on translating legal and policy commitments into practice, and contribute to the democratization of South Africa and POPCRU in particular. Gender empowerment is needed for the following reasons: • It was a fundamental principle in the Constitution of South Africa, which made it a national imperative, • It was part of the international agenda, meaning that we could not lag behind as a country and as a Union in a democratic country, • No equality, no progress, no stability. If people were not treated fairly they would always grumble and complain and that retarded progress. That was what held back a lot of organisations from reaching their strategic goals and providing excellent service delivery,

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• We were not born discriminating against each other; we learnt it as we grew up. Therefore anything learned could be unlearned. And that was the main purpose of gender empowerment, • All of us should learn new ways of doing things so that we socialize our children and the next generation in a manner that promoted the rights of both male and female in the home, community and in the workplace.

Gender Mainstreaming: The Economic and Social Council of the United Nation defi ned gender mainstreaming as “the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels”. It was a strategy for making women’s and men’s concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men could benefi t equally and inequalitywa not perpetuated. The ultimate goal was to achieve gender equality. The entire above meant the following:

• Putting policy into practice,

• Taking account of gender concerns in all aspects of the workplace and private life,

• Ensuring that staff fully understood the relevant policy and its context,

• Ensuring that staff had the capacity to implement.

Gender mainstreaming entailed the perceptions, experience, knowledge and interests of women as well as men to bear on policy-making, planning and decision making. Mainstreaming should situate gender equality issues at the centre of analyses and policy decisions, medium term plans, programme budgets, and institutional structures and processes. While mainstreaming was clearly essential for securing human rights and social justice for women as well as men, it also increasingly recognised that incorporating gender perspectives in different areas of development ensured the effective achievement of other social and economic goals. Mainstreaming could reveal a need for changes in goals, strategies and actions to ensure that both women and men could infl uence, participate in and benefi t from development processes. That could lead to changes in organisations, structures, procedures and cultures, to create organisational environments which were conducive to the promotion of gender equality. It was critical to note that the strategy of gender mainstreaming did not in any way prelude the need for specifi c targeted interventions to address women’s empowerment and gender equality. What was needed was dual strategy, gender mainstreaming complemented with inputs designed to address specifi c gaps or problems faced in the promotion of gender equality.

Why Gender Mainstreaming: Gender mainstreaming is important because: • It eradicates inequalities in the access to development resources and opportunities,

69 POPCRU 8th NATIONAL CONGRESS

• It improves economic effi ciency and sustainability,

• It allows women access to decision making authority,

• It promotes the well being of both men and women,

• Gender equality is integral to development goals,

• It is part of the planning stage, it is bound to yield positive results for all involved,

• It promotes the fair treatment of all people, thus allowing them to enjoy their rights.

POPCRU as an Employer POPCRU from its inception was a male dominated union, which was infl uenced by the departments where it originated; namely: The Department of Correctional Services, The South African Police Services and Traffi c Department. All sectors were previously male dominated. That scenario was informed by the fact that they were few or no women at all during the heydays of the Apartheid Nationalist Party Rule because the ideologues of the apartheid system were chief proponents of male chauvinism and all its moronic manifestations. The union had over the years emphasised the issue of equality through resolutions that was intended to include both men and women in its constitutional as well as other activities. The union through its structural meetings resolved that the percentage should be 70/30%, which allowed all provinces to have 30% representation of women to constitutional meetings and trainings. That ensured that women were elected into leadership positions and allowed to actively participate in the organisation meetings. In realising that there had been a lack or exclusion of women from participating in key decision making structures, the 2007 women Imbizo came up with recommendation on a mentorship programme that was endorsed by the NEC. The programme was meant to expose coordinators and in particular women to an environment of organisational and political debate.

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Employment Equity Statistics POPCRU Offi cials

Occupation Male Female Total Occupational Category A C I W A C I W Head of Departments 30001000 4

Provincial Managers 70002000 9

Unit Heads 20002001 5

Collective Bargaining Coordinators 70001000 8

Offi cers / Specialists; i.e. Gender & Campaigns Offi cer; Education Offi cer; 7000300010 Labour Relations offi cer; etc Administrators 0 0 0 0 17 0 0 0 17 Drivers 10000000 1 General Workers 00001000 1

Security 40000000 4

31 0002700159

Figure 1: Race and Gender statistics for POPCRU Offi cials

People with Disabilities Actual Ideal 0% %

According to the above table, POPCRU was still practicing the notion of sexual division of labour. That was seventeen [17] administrators and four security guards. The table also contradicted with COSATU and POPCRU gender policies.

Offi ce Bearers’ commitment in dealing with gender issues: Time and again gender coordinators raised concerns about the lack of commitment from offi ce bearers. A strong concern was that gender structures were left to operate separately and were not fully integrated into union debates and work.

Interventions: Over the years the union embarked on a number of training interventions to empower women. Women in POPCRU had undergone the following training:

• Gender,

• Train the trainer,

• Educators,

71 POPCRU 8th NATIONAL CONGRESS

• Women leadership [DANLEP],

• Labour Law,

• Report writing/ minute taking,

• Collective bargaining,

• Report writing and fi nancial management.

Gender programmes within POPCRU: The union realised two seminars during 2007 and 2009. Those were able to come up with resolutions that seeked to take forward issues of gender within the union. Among others was the 2007 resolution on a mentorship programme that was intended to expose provincial coordinators to the National Executive Committee meetings. The NEC was an environment of database and decision-making in the union.

2007 WOMEN IMBIZO The Objectives were:

• To capacitate women so that they begin to be in a better position to develop sound programmes and plans for campaigns,

• To empower women so that they could take part in building the organisation,

• To assist women with report writing skills,

• To identify the needs of gender structures so as to come up with a POA with clear measurable targets and timeframes,

• To ensure the implementation of both COSATU and POPCRU Gender Policies,

• To create a conducive and safe environment at the workplace that would be free from sexual harassment,

• To ensure that the organisation has strong, active and vibrant gender structures that would be able to make an impact both within the union and the workplace,

• To come up with mechanisms for implementation of resolutions,

• To ensure that management in all the sectors that POPCRU organize in begin to take HIV/AIDS serious by developing treatment and support programmes for the infected and affected,

• To come up with the approach in dealing with homosexuality within the organisation.

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Commitments of the 2007 Imbizo • To capacitate women so that they can begin to be in a better position to develop sound programmes and plans for campaigns,

• To empower women so that they can take part in building the organisation,

• To identify the needs of gender structures so as to come up with a Programme of Action with clear measurable targets and timeframes,

• To ensure proper monitoring and evaluation of both COSATU and POPCRU gender policies in terms of implementation,

• To ensure that the organisation has strong, active and vibrant gender structures that would be able to make an impact both within the union and the workplace,

• To come up with mechanisms for implementation of resolutions.

2009 WOMEN IMBIZO Objectives: The objectives for 2009 Women were as follows: • Gender structures that are highly committed, vibrant and understand their purpose,

• Gender structures that will make an impact in the union, federation and beyond,

• Gender issues to be everyone’s business within the organisation,

• The organisation that is committed to the elimination of women’s subordination in the union, the workplace and the union as an employer,

• Organisational departments that have specifi c focus on gender issues in their programmes and work,

• The organisation that is an agent of change in society and be in a forefront in regard to the struggle for gender equality,

• Women who are supportive to one another,

• Leadership that is to be supportive to gender structures and be able to come up with ways to capacitate women,

• Leadership that is to commit itself in the implementation of gender programmes and resolutions,

• To realise gender transformation in DCS, SAPS and traffi c.

73 POPCRU 8th NATIONAL CONGRESS

Sectors where POPCRU was Organising Department Of Correctional Services: Before 1994, the Department of Correctional Services [DCS] had a history of being a male dominated sphere of work. The fi eld of Correctional Services involves dealing with inmates in need of rehabilitation. The nature of the work and exposure to what could normally be viewed as dangerous and risky working conditions did not attract women. It was regarded as a dangerous occupation where even the safety of males could not be guaranteed. The majority of inmates were males, with comparatively few numbers of female prisoners. The department had, in attempting to bridge that gap, found a place for women with due consideration for safety and the wellbeing of the members. The Department had 41 150 members in employment, 11 246 of them were women [27, 33%]. That was a signifi cant change from the 2003 statistics which refl ected 21.5 % women and 78.5% men. However, much still needed to be done in order to bring the DCS into a state of gender balance, hence it was embarking on a massifi ed training programme for all staff members.

The DCS statistics in terms of Race and Gender are as follows:

Sal. African Indian Coloureds Whites Total Total/SL Level M FMFMFMF M F 2 1 5000200 1 8 9 3 6251 2729 52 46 558 421 25 30 6 843 3226 10069 4 51 30 0 1 8 12 2 6 61 49 110 5 1591 629 39 24 384 174 68 48 2 082 875 2 957 6 5779 2689 127 60 1 206 490 771 182 7 883 3421 11 304 7 5281 839 216 12 1 887 203 3 687 547 11 071 1601 12 672 8 781 484 27 16 222 108 368 132 1 398 740 2 138 9 297 189 11 06 79 34 97 75 484 304 788 10 135 39 6 5 40 15 102 31 283 90 373 11 192 72 5 5 33 11 39 17 269 105 374 12 56 16 0 1 12 0 27 0 95 17 112 13 66 29 04 12 16 3 15 3 101 36 137 141008013020159 24 154 2010021 6 4 10 160 0001000 1 0 1 Min 0 1000000 0 1 1 Dep. Min 0 1000100 0 1 1 Total 20 496 7 760 487 179 4 449 1 474 5 205 1 072 30 594 10 486 41 080 Figure 3: Race and Gender statistics for DCS on 18/05/2009

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Agreed Departmental Targets in the DCS EE Plan [2006 – 2009] Africans 75% = 18 646 Males / 12431 Females

Whites 13% = 3 232 Males / 2155 Females

Coloureds 09% = 2 237 Males / 1492 Females

People with Disability 02% = 829

Achievements and gap analysis of the employment equity plan

Race Gender DCS status as Targets as agreed in DCS status as at Gap analysis at 30/11/1999 the chamber 1999 31/03/2006 29% 14.7% 19% +4.3% White Male 24% 11.76% 16% +4.24% Female 5% 2.94% 3% +0.06 54% 69.58 64% 5.58% African Male 44% 54.88% 47% -7.88% Female 10% 14.70% 17% +2.3% 16% 9.8% 15.5% +5.7% Coloured Male 13% 7.84% 12% +4.16% Female 3% 1.96% 3.5% +1.54% 1% 3.92% 1.55% 2.42% Indian Male 1% 2.94% 1% -1.94% Female 0% 0.98% 0.5% -0.48%

[-] means shortage of personnel and may need to be managed upwards and [+] means excess of personnel and may need to be managed downwards

Limitations and shortcomings of the previous plan: To facilitate successful implementation of the proposed plan, DCS fl agged the following as some of the limitations and shortcomings from the previous plan which needed to be managed with caution:

• Absence of Equity as a strategy in the Departmental Strategic Plan,

• Employment Equity Targets not part of Senior Managers’ Performance Agreements exonerating managers from accountability which was currently seen as a responsibility of the “Directorate Equity” alone. The omission deprived the directorate the opportunity of playing its proper role that of been a “watchdog” for compliance to the Employment Equity Plan,

• National and Regional Employment Equity Structures not guided well nor adequately empowered to enable them to monitor compliance to the Employment Equity Plan,

75 POPCRU 8th NATIONAL CONGRESS

• The above structures were not integrated in nature to bridge the gap of Human Resource Shortage,

• The implementation of the DCS plan was negatively affected by restructuring of state departments as existing targets at the time were not adhered to,

• Unavailability of Service Level Agreements with key Units/ Directorates such as Human Resource Planning [advertisement, selection and recruitment] to assist with monitoring compliance,

• Lack of sanctions for members who deliberately undermine Departmental Equity Plan.

ANALYSIS

CATEGORY EXPLANATION Selection Criteria Targets not always complied with. Appointments Equity managers not always consulted and sometimes their recommendations not always adhered to, particularly in regions. Job classifi cation and Employment Equity Plan not considered when specifi c grading positions would be set aside for previously disadvantaged groups. Job assignments Persons with disabilities placement still limited, there is a need for recognition and fair treatment as the rest of the staff. Work environment and Environment risky for all staff members but Correctional facilities Centre Business Unit more challenging for women as facilities are not accommodative of women needs as they were build to accommodate males only thus limiting the number of women that could be placed in correctional centre business unit is needed. Training and Development Training and development currently not biased towards previously disadvantaged, particularly the disabled and women, however, once Affi rmative Action policy is approved this aspect will be taken care by the HRD and will be enforced. Performance and evaluation The department is still challenged in using performance systems review as a tool to develop identifi ed developmental areas to underpin empowerment.

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CATEGORY EXPLANATION Promotions Not communicated effectively and criteria not consulted with gender and equity to include special considerations of women and people with disabilities without lowering standards [e.g. Years of experience for this group]. HIV and AIDS education HIV/AIDS policy for staff needs to be reviewed. and prevention programmes

Gender programmes within the DCS Offi ce of the Status of Women: It was located in the Presidency and was the principal coordinating structure for national machinery on gender equality. Some of its responsibilities included developing frameworks and monitor their implementation, and developing national gender plans and strategies to implement them.

Committee on the Quality of Life and Status of Women: The committee was located in Parliament and was made up of women leaders from the different political parties in parliament. They were responsible for ensuring the adoption of the National Policy on Women and Action plan, assisting the coordination efforts of the Offi ce on the Status of Women [OSW] by facilitating access to ministers and heads of departments, and critically analysing and supporting legislation and policies that were presented to cabinet.

The South African Police Services [SAPS]: South Africa became an internationally accepted democracy in 1994 when Former President Nelson Mandela was elected as the fi rst black president of the new South Africa, bringing the era of “apartheid” to an end. That new democratic order brought about many changes in the country and also had a substantial impact on policing. Prior to 1995, South Africa was divided into the so called TBVC [Transkei, Bophuthatswana, Venda and Ciskei] States, Self-Governing Territories and Development regions [old South Africa]. The TBVC States had independent status but were not widely recognized by the international community. The TBVC States and Self- Governing Territories were also referred to as Homelands. Every homeland had its own policing agency, bringing the total number of policing agencies to eleven [10 homelands and the old South African Police]. All eleven policing agencies had different uniforms, rank structures and conditions of service and were established under different pieces of legislation. With the adoption of the interim constitution in 1994, the homelands and old development regions were abolished and integrated into a united South Africa with nine provinces. The new constitution established a single National Police Service for South Africa under the executive command and control of a National Commissioner who is appointed by the President. In 1995, the South African Police Service had a total number of 120 083 Police Offi cers, with 10.5% female.

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The SAPS statistics in terms of race and gender are as follows:

Sal. African Indian Coloureds Whites Total Total/SL Level M FMFMFMF M F 1 7 287 3 090 81 9 737 308 60 22 8 165 3 429 11 594 2 1 180 763 23 10 184 173 44 52 1 431 998 2 429 3 13 019 12 416 231 260 1 410 1 856 335 722 14 995 15 254 30 249 4 1 533 3 076 53 127 211 604 91 394 1 888 998 2 886 5 26 417 11 278 530 211 4 458 1 930 1 098 1 377 32 503 14 796 47 299 6 7 626 1 642 391 190 1 107 425 930 2 322 10 054 4 579 14 633 7 28 771 2 956 1564 403 3 592 628 8 578 3 401 42 505 7 388 49 893 8 5 309 2 106 505 143 886 391 2 349 1 271 9 049 3 889 12 938 9 – 10 1 896 823 200 64 277 121 1 185 527 3 558 1 535 5 093 11 – 12 667 212 109 29 110 34 443 146 1329 423 1 752 13 194 63 26 8 35 7 132 38 387 116 503 14 53 13 8 0 7 0 25 7 93 20 113 15 13320204121425 Total 92 432 38 451 3 860 1 454 13 016 6 477 15 406 10 280 125 978 53 429 179 407 Figure 4: Race and Gender statistics for SAPS ON 31 March 2009

Achievements and gap analysis of the SAPS employment Equity Plan

Salary Level Male Female Actual Ideal Gap Actual Ideal Gap 13 – 16 78% 70% 8.19% 21.81 30% -8.19% 11 – 12 75.94% 70% 5.94% 24.06% 30% -5.94% 9 – 10 69.86% 70% -0.14% 30.14% 30% 0.14% 8 69.82% 70% -0.18% 30.18% 30% 0.18% 7 85.19% 70% -15.19% 14.81% 30% -15.19% 6 68.71% 70% -1.29% 31.29% 30% 1.29% 5 68.72% 70% -1.28% 31.28% 30% 1.28% 4 31.01% 70% -38.99% 68.99% 30% 38.99% 3 49.57% 70% -20.43% 50.43% 30% 20.43% 2 58.91% 70% -11.09% 41.09% 30% 11.09% 1 70.67% 70% 0.67% 29.33% 30% -0.67% [-] means shortage of personnel and may need to be managed upwards and [+] means excess of personnel and may need to be managed downwards

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People with Disability Actual Ideal 0.6% 2.0%

Analysis

CATEGORY EXPLANATION Selection Criteria During that process, priority was given to the appointment of women, people with disabilities and underrepresented race groups. Appointments Forecasting was done and enforced during the appointment process in terms of the SAPS Human Resource Plan. Job classifi cation and Appointments were already in line with the SAPS Employment grading Equity Plan. Job assignments There were no artifi cial barriers in this category. Work environment and The code of good practice for people with disabilities had been facilities launched and a head count to determine the level of disabilities had been conducted to assist in the provisioning of assistive devices. Training and Development Bursaries were allocated annually focusing on individual development within the designated groups, in their relevant fi elds, as well as occupational categories and levels. 40% of all training was reserved for females in order to improve their mobility to middle and senior positions. 70% of all places on the Emerging Leadership Programme were reserved for females in order to broaden the pool of female leaders in the SAPS. Performance and evaluation Managers were held accountable to address transformation. systems Promotions The new promotion policy had been formulated in such a way that Employment Equity outcomes were considered. HIV and AIDS education and No artifi cial barriers within the SAPS were found in that category. prevention programmes

Traffi c Department: The Research suffered illicit diffi culties in obtaining information from Traffi c Department. The following barriers were experienced:

• There was no National Offi ce for Traffi c Department, therefore Traffi c Offi cers operated within different departments in each province,

• The employment equity statistics that was received from some provinces was a combined statistics for the whole department not for Traffi c Offi cers only. That meant

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in some provinces traffi c offi cers were under the Department of Community Safety and in other provinces they were under the Department of Transport.

As a result, gender equity for traffi c department would not be part of the research. There was no necessity for POPCRU in publishing the statistics because they were not accurate and analysing them was also going to be a challenge as it was combined. As a matter of fact, it had been realised that it was of crucial value that Traffi c Department had their own National Offi ce.

Recommendations and Conclusion • Non-sexism and non-racism as enshrined in the Constitution of the Republic of South Africa, Act 108 of 1996 should be promoted;

• Equality for all persons should be protected and women’s rights should be seen as human rights,

• Affi rmative action plans and positive measures targeting women should be developed, implemented and accelerated where necessary,

• Serious attention be placed on changing policies and practices which hindered women’s access to basic needs, the economy, decision-making, entry to employment opportunities; leadership and management development,

• Where the need arose, additional policies and directives were to emerge for the process of successful implementation of existing enabling legislation, to facilitate the achievement of women’s empowerment and gender equality within POPCRU as an employer and as a Union,

• Appropriate training to improve knowledge, skills and attitude in gender analysis and gender mainstreaming should be provided.

Women themselves must take steps as individuals to get ahead. It is up to them to demand the necessary supplementary training and education and to make sure that they are not permanently excluded from career advancement.

The International Labour Organisation [ILO] noted three reasons why it was important for women to play an equal role in decision making: • It was a question of human rights. Women constituted about half the population and more than 1/3 of the workforce. Equality of opportunity and treatment in employment was their right,

• It was a matter of social justice. Discrimination against women was at its harshest when it came to employment,

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• It was an essential requirement for the acceleration and effectiveness of development, as women were able to contribute their abilities and creativity. They could also ensure a better balance in the allocation of resources and distribution of the benefi ts of progress.

It was clear, that gender equality could not come only through women-targeted and men-targeted projects that seek to improve individual conditions alone. A profound transformation of the structures and systems, which lied at the root of subordination and gender inequality, was required. To do that, we should uncover the hidden and inherent biases that limited women’s and men’s ability to enjoy equal rights and opportunities and fi nd the most effective and culturally appropriate means to support women’s and men’s capacities to drive social change. For POPCRU, that meant that we should mainstream gender concerns in all operations. The South African government signed declarations and committed itself to the integration of gender considerations in all organisational policies and programmes of action towards the advancement of the status of women. The limitation of women’s access to resources and decision making limited their ability to develop and exercise their full capabilities for their own benefi t and that of the society. In working towards transformation of gender relations, the rights and responsibilities of men and women at all levels [family, workplace and society at large] needed to be redefi ned.

The South African government was also committed to continually improve the lives of the people of South Africa, through a transformed public service, which was representative, accountable, transparent, effi cient and responsive to the needs of all. Appropriate training to improve knowledge, skills, and attitude on Gender Analysis and Gender Equality should be provided to all policy makers, strategic and operational managers. In light of that, the Public Service would be judged on one criterion, “its effectiveness in delivering services that meet the needs of all South African citizens”. Public services were not privileges in a civilised and democratic society, they were legitimate expectations. That was why meeting the basic needs of all citizens was one of the fi ve key programmes of the Government’s Reconstruction and Development Programme.

The congress endorsed the Gender report

Mover : Northern Cape

Seconder : North West

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12.8 THE SECTORS 12.8.1 South African Police Service Background: South Africa became an internationally accepted democracy in 1994 when President Nelson Mandela was elected as the fi rst President of the new South Africa bringing the era of the wicked system of apartheid to an end. The new democratic order brought about many changes in the country and also had a substantial impact on policing. Mr Sydney Mufamadi was appointed as the fi rst Minister for Safety and Security in the new South Africa. He was assisted by Deputy Minister Joe Matthews. Prior to 1995, South Africa was divided into Transkei, Bophuthatswana, Venda and Ciskei [TBVC] States, Self-Governing Territories and Development Regions – old South Africa. The TBVC States had the so-called independent status but were not widely recognised by the international community. The TBVC States and Self-Governing Territories were also referred to as Homelands. These so-called Homelands were the following:

• TBVC States: Transkei, Bophuthatswana, Venda and Ciskei

• Self-Governing Territories: Gazankulu, Kangwane, Kwandebele, Kwazulu, Lebowa and Qwaqwa.

Every homeland had its own policing agency, bringing the total number of policing agencies in the country to eleven [10 homelands + the old South African Police]. All eleven policing agencies had different uniforms, rank structures and conditions of service and were established under different pieces of legislation. With the adoption of the interim Constitution in 1994, the Homelands and old development regions were abolished and integrated into a united South Africa with nine provinces.

The new Constitution established a single National Police Service for South Africa under the executive command and control of a National Commissioner who was appointed by the President. On 29 January 1995, General George Fivaz was appointed by President Nelson Mandela as the fi rst National Commissioner of the new South African Police Service. George Fivaz had the responsibility to fi rst and foremost amalgamate the eleven policing agencies into a single united South African Police Service and secondly to align the new Police Service to new legislation and the process of transformation in South Africa.

South Africa held elections in 1999 and Minister Sydney Mufamadi was succeeded by Minister Steve Tshwete as Minister for Safety and Security when he was appointed in that position by the country’s new President, Thabo Mbeki. Mr Joe Matthews remained as Deputy Minister for Safety and Security. George Fivaz’s term of offi ce expired during January 2000 and he was succeeded by Commissioner Jackie Selebi. Minister Tshwete paid tribute to Fivaz and indicted that policing in South Africa had entered a new era with the appointment of Jackie Selebi as the second National Commissioner of the

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South African Police Service. Minister Tshwete was succeeded by Minister Charles Nqakula during May 2002. During the Election of 2004 Deputy Minister Joe Matthews was succeeded by Deputy Minister Suzan Shabangu when she was appointed as Deputy Minister for Safety and Security.

A decade and a half after Nelson Rolihlahla Mandela was formally elected as the fi rst President of a democratic South Africa, and after President Mbeki took the oath of offi ce, as the second President of the Republic in June 1999, Comrade Jacob Zuma became the fourth President of the Republic of South Africa on 09 May 2009. After the Inauguration, President Jacob Zuma on 10 May 2009 announced the appointment of a new cabinet. Minister Nathi Mthethwa was appointed as Minister of Police and Deputy Minister Fikile Mbalula as Deputy Minister of Police.

The third National Commissioner in the new dispensation, Bheki Hamilton Cele was appointed by President Zuma as Police Commissioner of the South African Police Service on 02 August 2009.

Commissioner Cele who worked in the related fi eld since 1994 was, until his appointment, serving as the MEC for Transport, Community Safety and Liaison in KwaZulu-Natal. The President expressed no doubt that General Cele would lead the SAPS effi ciently and effectively in forging ahead to improve its capacity to fi ght crime. On 31 October 2010 President Jacob Zuma announced changes to the National Executive. Changes were guided by the government mission, which was to improve the quality of life for all South Africans especially the poor, working with all people, providing access to basic services and addressing the need to see a visible improvement in safety and security and a host of other basic needs. Deputy Minister Makhotso Magdeline Sotyu replaced Deputy Minister Mbalula.

Introduction of militarisation within the South African Police Services During 2010 POPCRU marched to the Luthuli House [Head Offi ce] of the African National Congress to submit some dissatisfaction on implementation of unknown policies by the SAPS. We were widely criticised about the stance and action we took in that regard.

Why POPCRU march to the ANC: We marched to Luthuli House because we believed that our beloved movement, the African National Congress had to give policy direction to what the government departments had to execute. We went to highlight the deviations which we witnessed in the department because it is the ANC which led the South African Government. It was the ANC policies that should be implemented in the government which the ANC was leading. Any deviation by any state organ, had to be corrected and deemed it the right moment of immediately correcting such deviations. The deviation could only be corrected if made known. We were therefore, making known the deviations as outlined below.

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Remilitarisation within the South African Police Service: With effect from 01 April 2010, the ranking system within the South African Police Service had changed to military ranks which were used during apartheid era. We regarded the implementation of the military rank system as an imposition of a policy which was in contrast with policies of the African National Congress. We further viewed such kind of system as a way of reversing the already started process of transforming the South African Police Service from the culture of brutalising the community to the one that offered safety and security and to the citizens of South Africa as a whole.

POPCRU’s Positive Approach in resolving the Matter: Upon hearing that there was a notion of re-introducing military ranks within the South African Police Service, we requested a meeting with the National Commissioner Cele to engage on that matter. We met with him on 28 October 2009. He indicated that we would have proper meeting that was still to be arranged for thorough discussion on the matter. No meeting ever took place until the end of 2009. Towards the tail end of 2009, the issue of implementing the military ranks was the talk show within SAPS. We continued to request an urgent meeting with the Commissioner to have an amicable solution. We ultimately met with the National Commissioner Cele on 18 January 2010 and he was complaining about the issue of discipline within police offi cers and therefore, needed “Command and Control”. In that meeting there was an agreement that the matter would be channelled to the bargaining council for engagement and that his offi ce would be facilitating that process. We were surprised to hear the public pronouncements by both the National Commissioner and the Minister that the new rank structures would be in place with effect from 01 April 2010. The matter was not tabled in the bargaining council as agreed upon. In realising that there was no movement on his part, we registered the item on the council agenda. Even at that stage, we continued to seek amicable solution by engaging the Commissioner and the Minister. Despite the fact that we were eager to fi nd solution and that the matter was in the bargaining council for negotiation, the military ranks were in place effective from the date they announced from the beginning. We failed in our positive attempts to fi nd amicable solution on the issue.

POPCRU’s disagreement with militarisation of the SAPS: The military system came with a culture that previously had become entrenched within the apartheid police leading to little action been taken against police members who had committed acts of violence and torture against members of the public. It was a well-known fact that policing before the transition was described as rules-based. Police behaviour, responsibilities and duties were determined by rules, regulations and hierarchies rather than initiative, discretion and consultation. The manifestations of rules-based policing were a militaristic style, both in dress and attitude towards communities. The police offi cers could not use their discretion and as a result, consulting communities on policing matters was never considered. The style of policing was largely reactive or rather incident-driven. That

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style permitted a lack of transparency in the old South African Police force [SAP]. Our argument emanated from the fact that our movement, the African National Congress was in charge of the government. We submitted that it was a distinguished fact that the policies of the government were directed by the ANC policies. We scrutinized the following policy positions of the ANC with regard to policing. We have not found any of the policy provision within the ANC policies which gave rise of what was happening within the South African Police Service:

Stellenbosch Conference: The 51st National Conference of the ANC in Stellenbosch resolved as follows regarding policing [Peace and Stability]:

• That we should continue to involve ourselves as a country, within the multilateral institutions of the region and continent, in the peaceful and speedy resolutions of confl icts on the African continent,

• To continue to lend support to countries seeking to build and strengthen national dialogue around the ongoing process of reconciliation, reconstruction and nation building,

• To continue to contribute to peace-keeping operations in the continent,

• To work to build and strengthen institutions of the African Union [AU] and National Economic Partnership on African Development [NEPAD] aimed at peaceful resolutions of confl icts, such as the Peer Review Mechanism,

There was no mention of remilitarising the South African Police Service from that resolution. Further argument was the following:

Policing the Transition : Transforming the Police: The ANC Policy document on Transforming the Police stated as follows: “The demilitarisation” of police structures, rankings, uniform and equipment. This will simultaneously promote more creative, socially skilled policemen and women as well as ameliorate the perception that the SAP is the army by another name. The demilitarisation of the SAP and the homeland police forces will send a signal of change. It will assist in creating the other conditions necessary for community policing such as patrolling on foot [‘the bobby on the beat’] which are unrealistic whilst there is such intense levels of hostility to the police in many areas. The shift to smaller accessible police stations, staffed by members well acquainted with community problems, and visible to the community, must be supported. There must be increased local community infl uence and control over policing priorities and practices. Accountability to local communities involves more than public relations. The relationship between the police and the policed should be one of reciprocal control. Accountability must mean the real empowerment of communities to determine policing priorities and to assess police performance against verifi able standards. This can best take place at a

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local level where the consumers can measure the performance of the police. There must be a re-appraisal and redirection of police training, not only to educate trainees in more effective investigative and technical skills, but also in the use of alternatives to violence in solving problems, and more generally on the importance of human rights both now and in the future”.

Nothing in that policy document of the movement outlined militarisation of the South African Police Service. In the contrary, there was more emphasis on demilitarisation of the police. Clearly, there was operation in contrast with ANC policy by those deployed in SAPS.

Incorporation of Directorate of Special Operations [Scorpions] into South African Police Service On 25 June 1999, the President of the country announced the establishment of an adequately staffed and equipped investigating unit to deal with all national priority crimes including police corruption in order to reduce the impermissibly high levels of crime and violence. Prosecution-led and intelligence driven investigations were key elements in the fi ght against crime and corruption. All prosecutions were to be brought into line with national strategy concerning crime and crime prevention.

During its operations, the DSO’s were seen deviating from their mandate and been used by certain political leaders as a tool to deal with those not in good political terms with them. The situation led to the rights of individuals been compromised and there was a growing tendency for offi cers to be diverted from the fi ght against crime to political campaigns against certain individuals. During the process of dissolving the DSO’s, public hearings were held in order to afford citizens of the country an opportunity to voice their opinions on the matter. An overwhelming majority was confi rmed to be of the view that indeed scorpions have lost their mandate and therefore should be dissolved. Institutions and individuals also made written submissions in so far as that matter was concerned. Certain political parties were against the dissolution and were out in the open to vilify the decision of the state to do so. That was even taken to the highest court in the land by certain individual, who unfortunately lost the appeal and indeed the DSO’s were dissolved. Another critical process that government sanctioned was a commission known as the Khampepe commission which was to investigate and give report as per the given terms of reference. Among others, it was discovered that some of the members of the DSO were not vetted by the NIA as was required by law and the evidence of the head of the DSO although conceding to such noncompliance was said to be unconvincing. There could be little debate that the practice was unacceptable and would ultimately prove to undermine the security of the state. It was therefore found that the DSO had not complied with the provisions of section 19B of the NPA Act.

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The welter of evidence before the Commission as well as the on site visit to the DSO revealed that the DSO has established intelligence gathering capabilities. That went beyond the ambit of its information gathering mandate set out in section 7 of the NPA Act. It was both untenable and anomalous that the Minister of Safety and Security who had the responsibility to address the overall policing/ investigative needs and priorities of the Republic should not exercise any control over the investigative component of the DSO considering the wide and permissive mandate of the DSO relating to organised crime.

During April 2008 the President of the Republic of South Africa issued a statement saying the Cabinet had approved two bills which proposed to dissolve the Scorpions and replace the unit with the Directorate for Priority Crime Investigation [Hawks].

2011 Constitutional Court ruling about the HAWKS report In June 2008 Hugh Glenister launched a court application in the North Gauteng High Court challenging the proposed to dissolve the Scorpions. The high court ruled that it had no jurisdiction over the matter. On the other hand the Constitutional Court ruled that it would be appropriate not to intervene in the affairs of Parliament at that stage. The National Prosecuting Authority Amendment Act and the South African Police Service Amendment Act were passed by Parliament and signed into law by former Caretaker President Kgalema Motlanthe in January 2009. The constitutional validity of the laws was challenged in the Western Cape High Court. The Western Cape High Court dismissed the challenge and held that the establishment of the Directorate for Priority Crime Investigation was manifestly designed to enhance the capacity of the SAPS to prevent, combat and investigate national priority crimes and other crimes. Another application to the Constitutional Court was launched arguing that the two acts that disbanded the Scorpions and established the Directorate of Priority Crime Investigation were unconstitutional. During March 2011 the Constitutional Court ruled that the Hawks’ lack of independence was unconstitutional.

The court ruled that the legislation was constitutionally invalid because it did not provide enough protection against political infl uence for the Hawks, a specialist investigative unit within the police. The Court ordered that Chapter 6A of the South Africa Police Services Act 68 of 1995, as amended, be sent back to Parliament with the order of constitutional invalidity suspended for eighteen [18] months until it had been rectifi ed. The Congress resolved that:

• Work should be research done organisationally for submission to Parliament on the review processes taking account of the Constitutional Court ruling.

Mover : North West

Seconder : Mpumalanga

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12.8.2 Department of Correctional Services Background: During the apartheid era criminal behaviour and punishment were defi ned by the social order constructed by the apartheid government. Many people were sent to prison for apartheid-related offences, such as contravening the Group Areas Act [Act No. 36 0f 1966] or the Prohibition of Mixed Marriages Act [Act No. 55 of 1949]. Many people were detained without trial or were charged and sentenced for opposing apartheid from the 1960s onwards. The penal system was used to regulate the movement and labour of Black people, with many jailed for pass offences. Pass law breakers served to increase the supply of available labour. The penal system facilitated the economic development of the country by supplying convict labour for building roads, harbours and for work on the mines. Treatment of prisoners also refl ected the separatist ideology of the apartheid government, whose main objective was to isolate prisoners from the community. Black prisoners were separated from white prisoners and suffered poor conditions and harsh treatment.

Demilitarisation: The Department of Correctional Services became a militarised institution during the 1950s. To aid transformation, it was demilitarised in 1996 as a militarised approach was considered counter-productive to the goals of prisoner rehabilitation. Demilitarisation involved changing the structure, ranks systems and mode of address and scrapping uniform insignia and daily militarised parades. That move was not received without criticism and a good deal of insecurity on the part of staff members who had grown to appreciate their military-like status. Central to the demilitarisation process was the creation of a new civilian structure and mode of discipline. However, demilitarisation was unfortunately conceptualised in a narrow and mechanistic manner and had not resulted in extensive change to the culture of the Department.

Relationship: The relationship between the DCS and us raged from inception of the organisation and it unfolded in many different ways. We gave connotation to sound labour relation as central to any working relationship/ environment within which parties to employment should be able to work in harmony in achieving mandates prescribed and the department of Correctional Services was no exception.

Within that context, we survived many attacks and bleeding meted against us by some of those who were entrusted with the responsibility of leading the department. Without going too far back, in 2000 the DCS management at the time requested space to manage without any involvement of labour which was termed interference. The management which emerged in later years had a mission and resolute efforts to make POPCRU to cease to exist within the DCS.

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The efforts became evident when real issues concerning members were raised and instead of resolving them, on the warpath approach became the order of the day. Typical example in that regard was the issue of cutting weekend overtime which was a practice within the department for more than three decades. Such moves led to serious confrontation between the department and POPCRU resulting in the massacre of more than fi ve hundred members of POPCRU through mass dismissals. We still needed to engage the department bilaterally on the proper closure of that subject if we were to get somewhere with building sound labour relations, as expected. It was our contention that we had no sound relationship with the DCS.

Relationship Building by Objectives [RBO]: When the department concluded a settlement agreement with POPCRU in 2006 parties agreed on a process of Relationship by Objectives [RBO] to be embarked upon to address the following: • Underlying causes of breakdown in communication and attitudes between parties;

• To improve the daily working relationship between all the parties at the workplaces;

• To identify factors that impacted negatively in the relationship between parties.

Upon agreeing to enter into a process of Relationship By Objectives [RBO], we were virtually committing ourselves to bringing about harmony in the relations amongst stakeholders. However, what transpired thereafter was incomprehensible. The parties further committed their senior leadership for the monitoring and implementation of the RBO outcomes. One RBO exercise was convened with former Minister Balfour towards the tail end of 2006. It was agreed that the same process should be conducted in all provinces and thereafter convene the national structure to look into what came out of provinces. Judge Edwin Molahlehi diligently conducted that exercise and presented his report to the department to convene the national structure as earlier agreed upon. Such a meeting never materialised.

Only after our persistence, one meeting was convened in 2008 where a Programme of Action was drafted and agreed to be rolled out and be monitored. The said Programme of Action had since accumulated dust from the day it was concluded. There were never any further engagements along those lines.

What was happening during an era where we were at the time? We argued and submitted that the era we came from was the replica or carbon copy of where we were at the time. An agreement was concluded in the PSCBC regarding the betterment of conditions of service for the members in the public service including those employed in DCS through the OSD. The agreement could not be an agreement until POPCRU said until and unless correctional offi cers were included in the draft agreement at the time, there would be no agreement. With the inclusion of correctional offi cers there

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was PSCBC Resolution 1/2007. Upon its conclusion, there was another struggle waged for two years to get that resolution implemented in DCS. We signed the agreement at sectoral level [GPSSBC] despite been labelled as having sold out the members because we were looking at the broader picture of the DCS mandate. Despite those efforts, the implementation became problematic in DCS. Even at the time when a bit of sense prevailed to implement the agreement, only a quarter of it was implemented.

The rest was left to the bargaining council and courts for adjudication. Almost every clause of that agreement was left either to the arbitrators or judges to make pronouncements in terms of interpretation and application. When we meet in boardrooms we were told that we were working together and we would meet again in due course to sort out some of the outstanding intricacies. It never happens until there was something like POPCRU’s pronouncement on the Programme of Action against the DCS. Certainly, we could not lie to one another that there was relationship with the department. We should attach the proper connotation which, in simple terms, no sound relationship existed. The following were further examples that it was doom and gloom with the department in so far as relationship was concerned:

• It could not be termed a normal relationship when we only met the Commissioner once and that was soon after his appointment. We agreed with him at that time that we would have structured sittings to formally engage to rebuild the collapsed relationship. However, the commitment had become one of the wish list,

• 7-Day establishment [Shift system]: The shift system that was agreed upon had put everybody on toes to run to Braamfontein in the Labour Court, either to apply or defend the litigation proceedings. That emanates from our commitment to help the department move to a 7-Day-Week-Establishment without disadvantaging members the weekend overtime allowance they received over the three decades. However, our commitment to resolve the department’s burden and to move forward whilst improving the conditions of service for the members had become a real fi asco due where we were,

• There could be no relationship of any form whatsoever if abuse of power could be displayed the way it was happening through charging and suspensions of members, suspensions and dismissal of our shop stewards and deductions of members’ salaries on the alleged action of them been on strike for refusing to work illegal shifts – like it was happening in the region of KZN, Goodwood in the Western Cape, Modderbee, Boksburg, Nigel, Leeuwkop in Gauteng,

• The words sound labour relations could not be used within the DCS in any way if we had to approach the Labour Court on occasions close to ten times [if not more] in one region for the same matter – KZN,

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• Nobody could ever claim that there was sound labour relations if the department could chase members away without any process been followed like it happened in Harrismith, regardless of the seriousness of the misconduct,

• The relationship would, in no doubt, collapse as it had happened if someone who was presumably earmarked for appointment as the DC : Corporate Services had to sweep the fl oors of Head Offi ce with POPCRU members to dump them in Pretoria management. No reasons could be provided regardless of efforts to ask such from the aspirant DC,

• We could not claim to be having sound labour relations with the DCS if made-up organisations could be given organisational rights to represent members and get access to stop orders regardless of the fact that they did not meet the requirements. The question that came immediately into the picture was: “what’s the department’s vested interest in this organisation and its activities?” Our observation was that the vested interest in that regard was to deal with us in a subtle manner. We were in, no way, threatened by the emergence of the so-called union with assistance by the DCS. We could declare that such moves were going to dismally fail as it happened in the past,

• There could be no mention of sound labour relations with us when we heard pronouncement in the press about the name changes of correctional centres that were currently underway.

Restructuring in Head Offi ce [Top Heavy structure]: We indicated to the Portfolio Committee, in meetings in the past that the DCS organisational structure was top heavy. We previously demonstrated in terms of monitory value what such structure costed the tax payers whilst impeding service delivery. We would not rest or abandon that input until we were taken serious and that aspect was attended to. We were made to understand that there was currently more work done to bloat the already overloaded structure. We were complaining about lack of members in the institutions whereas there was skewed utilisation of members in Head Offi ce amounting into duplication of functions whilst squeezing the cold face which needed more capacity. That was ticking time bomb.

We were the signatories of the PSCBC Resolution 7/2002 which was dealing with restructuring and transformation of the entire public service. We fully participated in all the processes which led to the infusion of some of the politically demarcated provinces in to six regions. We informed the department at the time that it was not practicably possible to emerge with such an approach because it would be costly for the department in the long-term. However, we were coerced to believe that should the system not work, a process would be embarked upon to revert back to the original political demarcations. At the time, fi ve provinces were collapse into two regions, namely Limpopo, Mpumalanga &

91 POPCRU 8th NATIONAL CONGRESS

North West, Free State & Northern Cape [LMN & FS + NC]. Practically speaking, in LMN the department should carry the expenditure of transport and accommodation for people travelling from closer to Botswana, Zimbabwe and Mozambique just to hold a one day Management meeting. Almost the same distances [if not far than LMN] should be travelled with regard to FS/NC. That was only referring to the travelling and accommodation for a one day meeting. There were other administrative expenditures incurred to run the collapsed regions which could be effectively driven within the politically demarcated parameters. Worse off, the regional offi ce of LMN was not even in any of those provinces but in another province [Gauteng]. It was our fi rm belief that a process of reviewing that kind of arrangement was long overdue and if the department was serious about service delivery, something had to be done.

In DCS we used to witness the effective production of vegetables, pork, beef, chicken, furnisher and agricultural products. The production of such commodities was shaped internally and there was savings in the public funds because the department was self- suffi cient. Construction of correctional centres was put up by the inmates. All the offi ce furnisher within the department was initially erected internally by the inmates. The supply of such furniture produced by the department was for the entire department throughout the country at a very low expenditure. Food preparation was done internally by the inmates themselves. In the process of doing that, the inmates were effectively trained in farming, bricklaying, carpentry, hospitality and other fi elds of manufacturing and production. Clearly, rehabilitation of inmates was effective with such activities and not what was lately theorised. Instead of continuing with such best practices, the DCS turned to spending millions just for the construction of correctional centres by private companies.

There were four more private prisons coming leading to more squeezing of the departmental budget. Millions of rands were spent on food for inmates which was initially manufactured within the department. Millions of the tax payer’s purse was spent on private companies to enter the correctional centres for catering which, in real terms, was still done by the inmates and members still doing the safeguard services. DCS was almost run or operated by the consultants as shown below:

Service Provider Amount 1.1. Recruitment Agencies Pinpoint R4 778 046 – 60 ITP R7 514 546 – 20 Grey Consulting R2 739 797 – 50 Lumka R26 853 – 75 Leadway R33 495 – 02

92 Book One: 7th National Congress minutes

Service Provider Amount Jobvest R36 586 – 94 Human Communications R233 586 – 94 Sub-Total R15 362 135 – 78

1.2. Rendering of facilities management services which include catering R123 252 955 – 24 services 1.3. Catering Services at6 various management areas R972 450 345 – 70 1.4. Cleaning Services R2 496 216 – 24 1.5. Maintenance of CCTV Surveillance cameras R50 752 800 – 00 1.6. Maintenance of Television & Monitors R65 364 480 – 00 1.7. Access Control and body scanning R88 794 800 – 00 1.8. Maintenance of control room R148 202 548 – 00 1.9. Appointment of SANAS to inspect textile clothing & footware R5 720 000 – 00 1.10. Analysing & Advisory service of daily Media Service R1 881 000 – 00 1.11. Transaction Advisor Services for PPP R11 400 000 – 00 1.12. Consultant to assist DCS with compliance & IT Audits R7 897 000 – 00 1.12. Training of personnel in hygiene related matters R1 812 500 – 00

Public Private Partnerships [Private Prisons]: We considered the companies which had been awarded the contracts for the construction and operation of the fi rst private prisons in South Africa, particularly the two international companies that would be responsible for operations, Group 4 Securitas Wackenhut Corrections Corporation. It was pointed out that governments around the world had fi ned both Group 4 and Wackenhut for poor performance.

POPCRU commissioned Trade Union Research Project [TURP] to write a report on the international experience of privatisation of prisons and prison services. POPCRU required TURP to consider both positive and negative implications of private prisons. After the report considered the international experience, it also briefl y examined the introduction of private prisons in South Africa and provided background on the participating companies. Given the international experience, some questions around private prisons in South Africa were raised. It was important that two forms of prison services privatisation occurred. The fi rst was in the privatisation of previously government run prisons and prison services. The second was the contraction of prisons private companies under tender from the government.

93 POPCRU 8th NATIONAL CONGRESS

The second form was the path currently chosen by the South African government. The report used them “Private Prisons” to refer to such form of prison privatisation.

A note on the information gathered was in order: although there was a lot of international material around, it was diffi cult to extract information that was useful for the unions’ purposes since most information on private prisons excluded an analysis of workers in those prisons. Broadly speaking, those that supported private prisons argued that they were cheaper and could be more cost effective than publicly run prisons. That was merely an economic argument. Those against private prisons, on the other hand argued that the conditions within private prisons for prisoners were always going to be below the standard of public facilities [a human rights argument]. Most of those arguments had taken place within North American, European and Australian countries and there was little on other experiences. Where unions had some analysis of private prisons, it was generally where public prisons were been privatised. That affected workers at the institutions and therefore union campaigns and action around the issue developed. Unfortunately where membership seemed low and public sector unions focused on those prisons.

Defi ning Privatisation: It was worth defi ning the reports’ understanding of privatisation. In general privatisation involved the reduction of the role of the state in the economy. Some forms of privatization were:

• Selling of fi xed assets state owned enterprises, for example selling of old equipment,

• Subcontracting different functions of a state owned enterprise for example state hospitals subcontracting their catering services to private fi rms through concessions,

• Selling the enterprise for example the government selling ISCOR as a profi table company to private enterprises,

• Establishing strategic partners [such as public private partnerships] between the government and the private sector in the ownership of previous of contracts to build roads which although owned by government are operated by the toll operator for profi t.

Not all privatisation of institutions resulted in the government losing control of them. For example the government retained control of Telkom as it only sold a minor share to foreign investors.

The rate of privatisation increased rapidly from the 1980s’ in countries throughout the West and increasingly in other parts of the world during the late 1980s’ and 1990s’.

Arguments against privately–run prisons: The following were the factual arguments against the privately-operated prisons:

94 Book One: 7th National Congress minutes

• The state was the only institution that should ethically and morally be allowed to use force legitimately as it was the elected representative acting on behalf of the people. So, it was unethical for private companies to take on that role,

• The claims that private prisons provided lower costs were not entirely true, lower costs could occur in the building of prisons but not in the running of prisons,

• There was no real evidence that private prisons had better rehabilitation rates than government run prisons,

• Private prisons made use of essentially force [prison] labour in income and profi t generation, activities outlawed by the international labour Organisation,

• Contracts between private prison confi dential and there was no transparency unlike with public prisons,

• Sometimes the privatising of prisons was a strategy used to undermine trade unions,

• Private prisons experienced systematic failures which arose from their nature as profi t making institutions,

• Higher rates of sexual and physical abuse of prisoners were found in private prisons and generally there was a lower quality of life than found in public prisons, and

• As with other types of concessions, confl icts of interest arose where government offi cials and governments consultants monitoring and reporting on private prisons were shareholders or employees of those prisons.

The Congress resolved that:

• The top-heavy structure in Correctional Services should be fought throughout,

• Engagements should be proceeded with to reverse the combined provinces of LMN and Free State/ Northern Cape,

• The RBO exercise that was embarked upon with the previous Minister should be proceeded with as build up to the required sound labour relations,

• We should continue fi ghting for our members’ protection and improvement of their working conditions of service regardless of the relationship with DCS management,

• The issue of rehabilitation of inmates through their active involvement in matters of labour and industry within the department, as it happened previously should be pushed at all levels,

• Privatisation of any form including privately-operated prisons and the evidenced mass outsourcing of services should be totally opposed.

95 POPCRU 8th NATIONAL CONGRESS

Mover : Northern Cape

Seconder : KwaZulu Natal

12.8.3 Traffi c Nationalisation: It was a known fact that in the country, Traffi c Directorate was one of the most disorganised and fragmented components of the law enforcement agencies. The Department of Transport as an organ of state was in charge of the Traffi c Directorate where the regulations were crafted. It further needed to be recognised that on matters of national interest, Department of Transport was held accountable for the strategic imperatives of the Directorate and its operations.

Problematic areas in that component emanated from the fragmentation of its employment policies and regulations. It had been realised and noted that provinces were the employers of the traffi c offi cials in their own right as provinces. Each province was allocated a budget and given responsibilities to appoint its personnel informed by the policies of the provincial department to which the directorate was accountable. As a result of those fragmentations, most provinces employed the offi cers under different department and in different acts which regulated terms and conditions of employment. That kind of practice also regulated benefi ts and allowances of the offi cers to the detriment of the National Service Delivery.

POPCRU embarked on an extensive programme that seeked to resolve the impasse and move towards the Nationalisation of Traffi c. That was further emphasized by the 52nd Conference of the ANC at Polokwane in 2007 on Peace and Stability: “The municipal, metro and traffi c police, be placed under the command and control of the National Commissioner of the South African Police Service, as a force multiplier”. Numerous workshops and meetings were held with all provincial authorities present and were coordinated by Road Traffi c Management Cooperation [RTMC] on behalf of the Department of Transport. Progressive resolutions were reached in September 2009 in Pretoria and later on raised by the organisation with the latest Minister of Transport. Amongst others the following issues were raised:

• Nationalisation of traffi c

• Occupation Specifi c Dispensation [OSD]

• Pay progression

• Improvement in career paths

• Promotion policy

96 Book One: 7th National Congress minutes

• Recognition of experience,

• Introduction of a 07-Day Establishment,

• Compensation for Traffi c Offi cials who died in the line of duty,

• Unique salary structure,

• Regulation of working hours/ shift system,

• Common tools of trade,

It was therefore imperative that a detailed programme and strategy be put in place so as to ensure that, the proposed process for the nationalisation of traffi c was properly coordinated and executed. The process should start with the realignment of provincial department that were housing the traffi c directorate. There was a need to embark on industrial action in order to force government to accede to the matters as raised.

13. CONCLUSION We inferred that POPCRU had over time stabilised compared to the state it was in prior to, throughout turbulent periods in 1995 up to 1998 when sanity and leadership maturity prevailed and gave organisational direction to the movement. The instability that characterised every gathering of the movement at almost all levels during that period was no longer prevalent and should not be allowed to resurface. The pandemonium we witnessed in 2010 by people who were not even members of POPCRU was a cause for concern. It was a cause for concern, not because it had any sense and truth in it, but because it almost caused confusion and mystifi cation to ordinary POPCRU members on the ground. POPCRU should continue to take fi rm action against ill-discipline in our ranks. Together with all our structures, we should collectively confront the imperatives of discipline. The solutions should continuously be organisational, with a focus on strengthening the organisation so that it could absorb any shape of the knocks.

The Political Overview, as presented by the President, the Financial Report presented by the National Treasurer jointly read with the Secretariat report gave a clear comprehension on the state of the organisation. The Secretariat Report was therefore tabled to the seventh [07th] National Congress for discussion and adoption.

13.1 PRESENTATION BY THOBILE THOMAS FROM ELEXIONS ON THE ELECTION PROCEDURE The Elexions Agency was tasked by POPCRU to facilitate and oversee the administration of the election for the National Offi ce Bearers. To do so independently and in a manner that ensured the outcome process was credible, free, fair, smooth, orderly and acceptable to all. He indicated that they started the process by agreeing on a set of rules based

97 POPCRU 8th NATIONAL CONGRESS

on POPCRU Constitution which principally required that nomination be submitted by provinces prior to the National Congress and it was agreed upon. Forms were sent to the various provinces of POPCRU by the Elexions Agency offi ce. Simultaneously provinces were invited to submit names of people they believed were suitable to assume the responsibility of becoming National Offi ce Bearers. They received those nominations and screened them to check whether they were in accordance with the requirements that had been agreed upon between Elexions Agency and POPCRU. They then circulated to provinces what was the outcome of the nominations. By agreement again they were required to come to the congress on 13 June 2011 to give feedback of the nomination process and subsequently he explained how the election process would be conducted.

Based on the nominations they had received, the minimum requirements was that any person put forward to stand for election as an offi ce bearer, that person was nominated by one province and seconded by another. The nominations for National Offi ce Bearers were as follows:

President : Earnest Zizamele Cebekhulu.

Deputy President : John Emmanuel Mabhida.

First Vice President : Thandi Olive Tsakani Shimange.

Second 2nd Vice President : Prudence Marekwa.

National Treasurer : Themba Henry Matsane.

General Secretary : Nkosinathi Louis Theledi.

Deputy General Secretary : Lebogang Phepheng.

98 Book One: Progress report on previous resolutions

2. PROGRESS REPORT ON PREVIOUS RESOLUTIONS The following report is a refl ection on the status of implementing the previous 7th national congress resolutions:

No. Resolution Progress Report 1 Release of Offi ce Bearers - That we must be vigilant in ensuring that Negotiations are at a high level in the SSSBC in there is compliance on concluded agreements aligning the agreement on the release of offi ce by any employer. bearers to that of DCS and the development of - Align the existing agreements on release of one for traffi c with the RTMC as agreed in the offi ce bearers. RBO in December 2013. - That the agreement on the release of offi ce We are in a process of reviewing and aligning bearers must include provincial and local existing collective agreements and negotiating offi ce bearers with no restriction on the level new ones where they do not exist in all sectors at which the members are employed. where we organize. 2 Home Ownership - Members must be encouraged to invest in Both Labour and the Employer have tabled their home ownership. respective position papers in the PSCBC. - More efforts must be put to conclude the home Negotiations are under way on the establishment ownership scheme. of the Scheme. - Members must utilize existing organizational Negotiations should be fi nalized before concluding conveyance benefi ts on home ownership. the upcoming wage negotiations as per the road - Our business arm works out an assistance map of the JMC. programme for members to acquire houses. The Lesaka legal benefi t on conveyance fees were communicated to members during the GEMS Roadshows both in 2013 and 2014. 3 Child care facilities [refer to previous resolution] - To engage with the employer at the Bargaining The matter was tabled in the SSSBC and the Council level. chamber for the Department of Correctional - To engage in a visible programme [e.g. Services and follow up on the mandates of the campaigns] that will ensure a speedy two sectors will be made. conclusion on the bargaining processes.

99 POPCRU 8th NATIONAL CONGRESS

No. Resolution Progress Report 4 Suicide by members The research study was conducted on the causes - That a research project must be embarked of suicide by members upon [e.g. cause factors, need for use of Inyanga, conditions of service of professionals etc.]. - That the organisation will develop programmes to address the issues of suicide. - To engage with the employer to beef-up the available systems. 5 Relations with departments - That the organisation must enforce compliance Achieved. on the implementation of collective agreements. Relations have improved in all sectors except that - That the organisation must ensure that there is a slow pace in implementing agreements matters of mutual interest are consulted upon and the Nationalization of Traffi c. through existing recognized structures. We continuously monitor the implementation of - That the organisation must embark on collective Agreements and refer matters to the aggressive programmes to foster relations. Legal department when all fails. - That the organisation must continuously Done on a continuous basis. defend and protect itself against any attack by Done on a continuous basis. employers. 6 Departmental demarcations - That the DCS must be demarcated in Matter was tabled in the Chamber and DCS didn`t accordance with the constitutional provisions. come to the Party and the matter was tabled in - That the organisation must enforce and the Public Service Summit under the Spheres of maintain good relation with DCS. Government. - Done 7 Agentisation/ Outsourcing Partly achieved - That outsourcing must be brought to an end. We have successfully uprooted the employment - That the organisation must continuously fi ght of private security, gardeners and cleaners in the against outsourcing. SAPS and substantially reduced the employment of consultants in DCS. - That the organisation demands that all contracts on the outsourced services must be The Department of Transport remains highly reversed. outsourced and we are fi ercely agitating for the Nationalization of Traffi c.

100 Book One: Progress report on previous resolutions

No. Resolution Progress Report 8 Police Act, Section 46 The resolution cannot be implemented in view of - That section 46 of the Police Act, 1995,must its sensitivity. be scrapped - That police offi cials must be allowed to fully participate in political parties. 9 Government Elections A Settlement Agreement was reached with the - That Section 55 of the Municipal Electoral Act IEC that Section 55 of the Municipal Electoral 27/2000 must be enforced. Act 27/2000 be substituted by the following new section: Any voter who is unable on voting day to cast his or her vote at the voting station in the voting district where he or she is registered may, in the prescribed manner, apply and be allowed prior to voting day to cast a special vote within that voting district. The Settlement recommends that The SAPS in cooperation with IEC and POPCRU shall in the deployment of members of POPCRU, take such measures as are possible to allow members to cast special votes in the 2011 local government elections. On the 29th November 2010, the President assented to and signed the Local Government: Municipal Electoral Amendment Bill (B 27B-2010) –Act No. 14 of 2010. The assenting to and signing of the Bill was announced on the 02 December 2010 in the National Assembly and National Council of Provinces, and appears on page 4268 of the Announcements, Tabling and Committee Reports. Task completed. 10 Spheres Of Government This is a carry-over matter vs the ANC Mangaung - POPCRU through COSATU must persuade resolution. the alliance collective, to scrap provincial Engagements are at the level of COSATUthrough governments as a sphere of government, and national leadership. replace them with national administration offi ces, to catalyze service delivery to our people.

101 POPCRU 8th NATIONAL CONGRESS

No. Resolution Progress Report 11 Departmental Infrastructural development - To embark on an intensive research project Achieved across all sectors where we organise The Public Service charter was signed last year - To engage with the departments to build more the pillars of which are to improve service delivery institutions and facilities which are consistent amongst others. with constitutional provision for safe custody Ongoing and the rehabilitation of offenders - That there should be continuous inspection by the Department of Public Works on all facilities to comply with the provisions of Occupational Health and Safety Act. - To engage government to deliver public infrastructure through its public works department, possibly utilising inmates as part of skills development and rehabilitation. 12 Crime Prevention - To embark on vigorous anti-crime campaigns A national anti-crime summit was held in 2012 in partnership with communities and other at Birchwood in Boksburg. stakeholders. A framework was developed and endorsed by the - That the SAPS should employ more personnel NEC. A presentation was done at the Policing to strengthen the fi ght against crime Portfolio Committee. - To ensure that the 2010 World Cup model and its successes in the fi ght against crime should be maintained - The training methodology should be enhanced to equip the Detective Unit. - The operations within the criminal justice cluster should be synergized. - To review mental act in order to exonerate police in escorting mental retarded people to the metal institution.

102 Book One: Progress report on previous resolutions

No. Resolution Progress Report 13 Equity - Equal opportunities for all must be enhanced A study in progress. in the labour market We are fully participating in Equity structures at - To fully participate in Equity Forums in the all levels and ensuring compliance to legislation sectors where we organize and relevant prescripts. - To engage with the employers to develop Monitored on an ongoing basis. performance indicators in assessing progress Progress made is covered under Equity. made on the implementation of the equity plan across all sectors - Recruitment for Senior Management posts should focus more on the appointment of women and the Union must play active role in ensuring that this is being realized. - All four sectors should put in place measures to create reasonable accommodation for people with disability and effectively utilize guidelines developed by Department of Labour - All four sectors must form strategic partnership with institutions advocating the interests of people with disabilities and further ensure that their adverts reach these institutions as far as possible. - All four sectors to form strategic partnership with institutions of higher learning with a view of enrolling Senior Managers from the designated groups [particularly women] in Management and Leadership Programs offered by these Institutions. - Unions to play active role in Equity Forums and effectively monitor employer’s compliance with the Equity Targets particularly around women and people with disability representation.

103 POPCRU 8th NATIONAL CONGRESS

No. Resolution Progress Report 14 Policing - That the organization should continue The Leadership continuously engage with the engaging at the political level on this matter Leadership of SAPS and often intervene when - That our representation on the peace and necessary. stability committee should engage vigorously on this matter with intention to deal away with this action - That we should engage with the progressive organisation that speaks on human rights to partner with us on the call to reject this process. - That we need to enforce the acknowledgment, the implementation and respect of SSSBC agreement 2 of 2009.utilize our resources. 15 Learnership/ Internship Done. - That the division Human Resources and The leadership should continuously monitor the Development must be engaged in all these programme against the acts referred to on bullet sectors. 2 & 3. - That we need to ensure that the Learnership contracts don’t contravene the Labour Relations Act [LRA] and Basic Conditions of Employment Act [BCEA]. - Learnership contracts don’t contravene the LRA and BCEA.

104 Book One: Progress report on the 2010 - 2014 strategic plan

1. SECRETARIAT The report covers detailed information on the departmental strategy which was inter-linked to the overall aspects of the strategy adopted in 2010 and subsequently implemented for a period ended in 2014. We pride ourselves for having re-designed the organisation through this strategy which has made it possible to improve our retention and service delivery models over the past fi ve [05] years. The organisational strategy has the following benefi ts: • Alleviate confusion: synergized systems including the mission and vision of the organisation are understood by all, • Consistent: aligned to the programmes and timeframes of the organization at all levels; • Progressive: not stagnant but responds comprehensively to the mission and vision of the organization and, • Achievable and easy to implement: clear and concise to the plans of the organisation.

1.1 Progress report on the 2010/14 organisation’s strategy a. To conduct an organizational skills audit within the 4 departments and all Provinces in a month at a cost of not more than R50 000.00.

The skills audits outlined some gaps at different levels of staff. An intervention strategy was developed through consultation with accredited institutions. Customised programmes were developed with the Graduate Institute of Management & Technology for Senior and Middle management. Key to the programmes was among others: à Middle and Senior Managers • Strategic management skills, • Management skills, • Finance management, • Service delivery tactics, • Project management skills, • Communication skills, • Labour Relations,

105 POPCRU 8th NATIONAL CONGRESS

à Administrators Another programme was identifi ed at Damelin and Bucksbub to respond to the needs of the organisation for staff at Administrative level. Key to the programme was: • Project Management, • Events Management, • Secretarial courses, • Procurement skills courses,

à Current status Graduate Institute of Management and Technology and Damelin College were identifi ed to customise the courses for the above gaps. b. To develop an organizational Skills Plan approved by the training committee within 2 months after the completion of the skills audit.

The Work Skills Plan and Annual Training Report [WSP/ATR] is submitted to ETDP SETA annually and mandatory grants are paid out accordingly. Mandatory grants are paid. c. To implement the Skills Plan using recognized institutions for all identifi ed interventions at a cost of not more than R1.5 million per annum.

The following SAQA accredited institutions were utilised for membership and staff training: • Wits Business school, • University of South Africa, • Graduate Institute of Management and Technology, • Damelin College, • University of Western Cape, • Computer Administration and Technology College, • Peninsula University of Technology, • Tshwane University of Technology, • Regenysis Business School.

106 Book One: Progress report on the 2010 - 2014 strategic plan

d. To develop and implement the monitoring and evaluation mechanism to measure return on training investment for the organization for all training interventions benefi ciaries within 3 months.

The fi rst quarter submission of 2010 were conducted and measured against Individual development plans and continuously thereafter. The PMS appraisals were implemented since 2010.

• All POPCRU staff are appraised every quarter of each year. • Performance is measured against Individual Development Plans [IDPs]. e. To review and develop appropriate and effective human resource management policies to support the organizational human capital development agenda within 12 months.

Policy conference concluded on some of the policy clauses and referred most of the clauses to the secretariat committee for recommendation and the coming NEC will fi nalize. The 2nd National Policy conference made a thorough assessment of the policies and concluded on them as contained in the congress package.

• Consultation with all POPCRU structures was done, • The 1st National Policy conference was successfully convened in 2010, • All policies were reviewed in line with current operations, • The 7th National congress endorsed all for implementation. f. To set up and strengthen organizational research capacity within the next 36 months.

A study was conducted during 2010/ 2011 fi nancial year and the recommendations to strengthen the Research Unit were implemented during the 2012/2013 fi nancial year. The Unit is now composed of the following positions:

• Senior Researcher,

• Junior Researcher;

• 2 x Researchers,

• Resource Centre Offi cer.

107 POPCRU 8th NATIONAL CONGRESS

g. To identify policy gaps and infl uence policy direction through on-going quality research.

• Policy gaps are continuously monitored to be on par with current operations of the organisation [e.g. the 1st & 2nd National Policy conferences dealt with all amendments and subsequently endorsed by the CECs].

• Resource Centre was offi cially launched and is continuously resourced with updated information. The Centre is been promoted within the POPCRU website.

• Position papers are submitted from time to time at various Parliamentary Portfolio Committees to infl uence policy amendments and other related matters.

• Currently subscribing with Parliamentary Monitoring Group [PMG] which provide updates on parliamentary processes. h. To proactively and continuously produce focused research that sensitizes and directs the organization about new trends.

The main focus has been more on position papers [Parliament, COSATU and other stakeholder]. Researched concept papers were prepared for the following events:

• Crime Summit,

• Gender Roundtable Discussions; etc. i. To develop effective knowledge management systems within 24 months.

The e-fi lling system was put in place and it is up and running although not effectively utilized due to some challenges related to capacity. j. To keep updated organizational resources and information archives.

The Resource Centre is up and running. k. To develop a coordinated administrative capacity and systems within the organization in the next twelve months.

Training on E-fi lling conducted. The Administrative staff undergone training on various administrative skills with SAQA accredited institutions. Internal administrative audit is in place to measure the impact of training. Internal administrative systems are in place for correspondence handling and others.

108 Book One: Progress report on the 2010 - 2014 strategic plan

l. To ensure well-coordinated planning of organizational activities at all times.

Events Task teams are always assembled to co-ordinate activities. Evaluation meeting are held during and after the events. m. To develop an effective communication system to create synergy both externally and internally in the next twelve months.

• The website has been revamped and re-launched in 2010 and it is continuously updated to inform the viewers,

• Newsletters are produced quarterly within each fi nancial year,

• Media Offi cer attends all networking sessions,

• Media statement on POPCRU’s position are consistently released on both electronic and print media,

• There’s constant development of promotional materials e.g. ties, scarves, pens, paper bags etc. n. To continuously build and improve both internal and external relations in order to promote the image of the organisation and learn good practices from other organizations.

• Participation in alliance and stakeholder activities has improved,

• We have established a good relations with international organizations and further affi liated to WFTU,

• Participate at international activities such as training and development initiatives in countries like Athens, Cuba, etc,

• Involved in skills capacitation and establishment of Unions within SADC region e.g. Lesotho, Botswana, Zambia, etc. o. To nurture and internalize collective practices, improved organizational performance for continued Leadership.

Continuous meetings are frequently held to plan, inform and evaluate organizational operations. p. To be learning and inspiring organization for continued existence & sustainability at all times.

• CCMA trainings are co-ordinated and attended by Provincial shopstewards and Paralegals on a regular basis,

109 POPCRU 8th NATIONAL CONGRESS

• National Political School was held in 2010 and was cascaded to provinces in 2011. The next Political School is due to be held in 2013.

• NEDCOM meeting are held as per the organizational plan.

1.1.1 CHALLENGES • Some plans were short term

• Resolutions taken at various levels are not linked to the strategy [e.g. NEC, NC or CEC resolutions].

• Progress reports to be continuous.

• Annual POA to be linked to the strategy.

1.1.2 PROPOSED WAY FORWARD • Other resolutions to be packed unless urgent,

• Training on strategic direction of the organisation is key,

• Decisions taken at various structures to be linked to the strategy,

• Political reports [i.e. speeches to be linked to the strategic direction of the organisation].

110 Book One: Progress report on the 2010 - 2014 strategic plan

2. Bargaining 2.1 To identify, appoint and skill 20 negotiators, per province within the period of 12 months. a. Compile profi led data base for negotiators.

b. Identify negotiators per Province.

c. Appoint negotiators.

d. Train negotiators.

• An induction course was done in 2011 of the negotiators that were identifi ed by the provinces and a data base for negotiators was developed and kept at Head Offi ce.

• The SASSETA conducted training on Facilitation and Presentation Skills and the GPSSBC provided training on Dispute Management and our negotiators participated in both programs.

2.2 To mobilize and provide adequate resources for all negotiators to effectively discharge their tasks at a cost of not more than R4 million per annum. a. Develop a contract for negotiators on management of resources.

b. Provision of laptops where necessary.

c. Partly achieved

• National coordinators are assisted with the purchasing of the laptops.

• National and provincial negotiators do not benefi t a result of them not having been appointed as fulltime negotiators.

d. Provision of cell phones allowance where necessary.

e. Provide travelling and or car allowance to appointed negotiators.

• Achieved

• National coordinators receive a car allowance and negotiators are reimbursed for kilometres travelled whilst doing organizational work.

111 POPCRU 8th NATIONAL CONGRESS

2.3 To enhance the mandate seeking process and communication of agreements on a continuous basis within 12 months. a. Receive matters for collective bargaining.

• This is done on a continuous basis. b. Construct written requests for mandates.

• This is done on a continuous basis.

c. Circulate written requests for mandates to Provinces for their inputs.

• This is done on continuous basis.

d. Consolidate inputs and convene Bargaining Session.

• The Department utilizes research, requests inputs from provinces and convenes bargaining session for the above-mentioned purpose.

e. Address PECs, general meetings or any other relevant structure to obtain mandates where or if necessary.

• This is done upon request and the Department undertakes road shows to obtain mandates where necessary.

f. Submit written researched position paper to relevant Bargaining Structure/Structure.

• The department sanctions research through the research unit before tabling Position Papers to bargaining Structures.

g. Provide progress reports on collective bargaining matters.

• The department constantly and consistently provide 24 hour reports, weekly reports, monthly reports, progress reports and notes to relevant structures of the Organization at required intervals.

h. Submit concluded collective agreements or decisions taken in the relevant structures.

• All draft agreements are forwarded to relevant structures for mandating processes and signed ones are disseminated through the approved channels of communication to all structures and the entire membership.

• The department forwards all concluded agreements to Provinces for dissemination to lower structures and communicates decisions to the relevant structures as an when a need arises.

112 Book One: Progress report on the 2010 - 2014 strategic plan

i. Undertake a road show/s on agreements concluded or decisions taken where or if necessary.

• This is done before seeking fi nal mandates through the provincial Leadership and NOBs who are deployed to meetings and by negotiators when required to do so for an example during road shows.

j. Post the concluded agreements or decision/s taken in the relevant structures.

• The website is constantly utilized to update members on concluded agreements and decisions taken as well as forwarding the regular updates to provinces for dissemination to all members.

k. Monitor and enforce collective agreements concluded or decision/s taken in the relevant bargaining structures.

• Monitoring and enforcing of collective agreements is the backbone of the department and it has been done effectively particularly in the Department of Correctional services where non-compliance to agreements has been the order of the day. Key to this is that we won all disputes and cases declared against the DCS notwithstanding other departments.

• Follow ups are made to all enquiries relating to non-implementation of agreements and decisions to the relevant bargaining structures with a view of ensuring compliance and enforce compliance where necessary by following mechanisms at our disposal.

l. Amend collective agreements or decisions taken where or if necessary.

• We do this as and when a need arises for an example we are in a process of holistically reviewing PSCBC RESOLUTION 3 of 2009 amongst other things, GPSSBC Resolution 1of 2006 and more others as indicated under resolutions under review in the Congress report on collective bargaining.

2.4 To develop quality researched position papers at all times. a. Submit written mandate request.

b. Refer approved mandate for research

• We hold bargaining sessions to develop position papers and where necessary sanction research on areas that requires such interventions and submit written reports to the Leadership and members requesting inputs and mandates.

113 POPCRU 8th NATIONAL CONGRESS

• We work closely with the Research Unit particularly in development of position papers during bargaining sessions so that when we send the request for mandate to the Leadership and members the Research unit shall have already inputted on the document.

2.5 To realize and enforce a close shop agreement in all departments upon reaching a target of 67% membership per department within 12 months. a. Request membership fi gures every two months.

• We receive the membership on a monthly basis from the Departments where we organize in.

b. Submit position paper for close shop agreement upon reaching 67% membership.

• We concluded a close shop agreement in KCM in Limpopo and we are continuing to recruit and service members with a view of being the only voice for the workers.

2.6 To ensure retention of membership through the provision of quality service and benefi ts on a continuous basis. a. Respond to all queries on matters of collective bargaining.

• We do this on an on-going basis through the telephone, emails website and letters to Provinces and members.

b. Ensure attendance to general meetings and address members when invited.

• We always attend these meetings when invited.

c. Negotiate quality benefi ts for members.

• We have achieved a great in this evidence to this is that all mandates received from the organizational are met for an example we recently concluded two quality agreements in the Cross-Border Transport Agency [C-BRTA] and the Road Traffi c Management Corporation [RTMC] as illustrated under achievements.

• We concluded the one and only Promotion Policy within the Public Service in the SAPS, done away with the suspension without pay.

114 Book One: Progress report on the 2010 - 2014 strategic plan

d. Explain collective agreements or decisions of Councils and Chambers to members.

• This is done through the Workshops that are organized through the bargaining councils .visits to institutions where necessary, communique` to organizational structures and members and responding to queries through various means of communications.

e. Embark on road shows to explain signed agreements or decisions taken in bargaining structures.

• Road Shows are undertaken jointly with the Employer after the signing of agreements and the department attends meetings upon request by the structures where necessary.

115 POPCRU 8th NATIONAL CONGRESS

3. FINANCE. a. To improve fi nancial management and accounting systems at all levels in all 10 offi ces within a period of 12 months.

Deliverables: • Standardized and documented fi nance policies that are implemented equally across the board.

• Training of Provincial Administrative Secretaries on how to account for all allocations made to the province.

• Formulate a standard accounting check list to be utilized by all provinces in ensuring that all documents are submitted as required.

• Conduct verifi cation of assets for all provinces and head offi ce at least twice a year.

• The assets register must be up to date and reconciled to the annual fi nancial statements.

• Annual fi nancial statements to comply with the Generally Accepted Accounting Practices and International Financial Reporting Standards.

Current status and resources • The fi nance policies were reviewed and fi nalized during the policy conference in July 2014.

• The fi nance processes and procedures have been communicated to all Provincial Administrative Secretaries and the standard check list was formulated and distributed to all provinces.

• The verifi cation of asset is done twice a year and we have also noted an improvement in the safeguarding of assets by provinces.

• The asset register is updated as and when the new assets are purchased and reconciled to the annual fi nancial statements.

• Our audited annual fi nancial statements comply with the all the fi nancial reporting standards.

116 Book One: Progress report on the 2010 - 2014 strategic plan

b. To ensure fi nancial transparency and accountability through quarterly reports.

Deliverables

• Formulate the internal audit committee and outsource the functions of internal audit.

• The fi nancial reports to be presented to all constitutional structures indicating the actual expenditure incurred as compared to the approved budget and providing explanations for any discrepancies.

• Annual fi nancial statements to be prepared for review by the auditors on the annual basis.

Current status and resources • All Provincial Treasurers were taken to attend the course on fi nancial management for non-fi nancial managers.

• We haven’t yet succeeded in establishing an internal audit committee as we are of the opinion that the Provincial Treasurers who should form part of this committee should be enrolled in an accredited course on internal auditing.

• The fi nancial reports indicating actual expenditure incurred as compared to approved budgets are presented to all relevant constitutional structures.

• The expenses have been managed very well and the over expenditure with explanations for such over expenditure is presented for approval in these constitutional structures.

c. To continuously monitor, update and evaluate our fi nancial management systems.

Deliverables • To have effective and up to date IT systems to adequately manage our data base.

• Implement proper control over usage of all IT resources.

• Ensure that all annual license renewals for soft wares and all applicable IT services are done on time.

117 POPCRU 8th NATIONAL CONGRESS

Current status and resources • The membership system is currently performing all the functions as currently required although we have challenges with regard to differing membership stats which brings some uncertainty on the integrity of declared membership fi gures.

• All our operating systems are up to date.

• All our software packages are fully licensed and up to date.

• A new server has been purchased to take off some pressure on the old server.

• We are in the process of upgrading the current VPN to point to point VPN; this will assist in linking all provinces to live membership and case management data. d. To ensure continuous re-skilling of all those handling or dealing with fi nance.

Deliverables • Conduct training need assessment for all personnel.

• Attend training on all relevant Pastel updates and informed by system provider.

• Develop on site IT training programmes for basic usage of MS Offi ce.

• Develop a departmental succession plan in ensuring the transfer of skills with personnel in the department.

Current status and resources • The training need assessment is performed by the Human Resources Department during their annual HR audits.

• Recommendations to attend short-term update courses are submitted to HR for approval as and when the need arises.

• The Unit Head Finance and Budget controller attended an update course on Pastel Partner as this assist in ensuring that the accounting systems are utilized to their optimal levels.

• Due to a limited number of personnel and expertise required to perform some of fi nance activities there is nothing much that can be done in staff rotation.

118 Book One: Progress report on the 2010 - 2014 strategic plan

• We have tried to involve everyone in the processes of the fi nance, with limitations of course so that they can understand what each position is responsible for.

• The budget controller was introduced in the functions of the Unit Head Finance and this assisted a lot in closing the gap when the latter resigned.

e. To ensure alignment and reconciliation of revenue information across systems on a monthly basis.

Deliverables • 100% revenue collection • Reconciliation of revenue on a monthly basis • Revenue collected deposited timeously into POPCRU’s bank account. • Proper management of all investments and excess funds invested at marked related returns.

Current status and resources • Revenue raised through submissions is reconciled to the money received on a monthly basis. • The revenue is received on the 1st of every month from all departments and private institutions and is paid directly into the Union’s bank account by Treasury and private institutions. • All our investments are currently seating at R204 million through ABSA and Sanlam Private Investments and they have increased by R94 million as compared to 2011.

f. To ensure a realistic and quality alignment between strategy, operations and budget annually. Deliverables • Proper and effective budgetary processes in place. • Budgets properly aligned to strategy and implementation plans.

Current status and resources • Our budgeting process is based on zero based budgeting, that is, our budgeting processes require that all budget requests are re-evaluated thoroughly starting from zero-base every year. Our budgets are not based on historical trends although such are used to prepare a proper and effective budget.

119 POPCRU 8th NATIONAL CONGRESS

• Our budget is prepared based on what we have not what we anticipate to receive.

• All our activities for the year are as budgeted except for ad hoc activities that had to be implemented even though there was no budget due to unforeseen circumstances at that point in time. Such ad hoc spending is properly accounted for and approved by all relevant constitutional structures. g. To develop a centralized and effective communication technology system within 3 months post strategy approved by the NEC.

Deliverables • Effective electronic fi ling system in place.

• Relevant security measures on internet access and email usage.

• Technologically advanced network infrastructure.

• Modernize POPCRU website.

• Develop case management systems that will assist with data management of all cases.

Current status and resources • The e-fi ling system encountered various challenges since its initial stages, including unstable network infrastructure due to overloading of our server. The acquisition of new server and increased database capacity will ensure that this project is rolled out to its full use.

• Our internet and email security is up to date.

• In conjunction with the Media Offi ce, the website was revamped and running smoothly although we still have a few technical challenges that needs attention.

• The case management system has been developed and awaiting decision from Legal department on whether or not it meets the departments’ requirements. h. To secure user friendly technology for improved administrative performance within 12 months.

Deliverables • Upgrade soft wares and hard wares where necessary to ensure proper utilization of IT resources.

120 Book One: Progress report on the 2010 - 2014 strategic plan

• Upgrade soft wares licenses such as MS Offi ce, anti-viruses, etc.

• Deliver and maintain secure and effi cient technology.

Current status and resources • Our IT systems are up to date and fully licensed.

• The MS offi ce packages are fully licensed and our anti-virus software is up to date and renewed annually.

• With the newly improved fi rewall that came with the new server, we are able to maintain and monitor security on network.

121 POPCRU 8th NATIONAL CONGRESS

4. ORGANISING. a. To identify, appoint and skill Paralegals and Shop- stewards within the period of thirty- six [36] months

Paralegals per province were identifi ed and trained within thirty- six [36] months. Amidst facilitation of the training for Paralegals, the Department was faced with budgetary constraints which were then addressed via a joint training programme with the Bargaining Department. The joint training programme targeted the Paralegals, Negotiators and Shop- stewards; a training manual has been developed to that effect.

b. To mobilise and provide adequate resources for paralegals and shop- stewards to effectively discharge their tasks

An investigation has been conducted in all provinces and the indication is that, most provinces are able to engage with Provincial management of the South African Police Service [SAPS] for resources to be given to Shop- stewards and Fulltime Shop stewards [FTSSs] as stipulated in the agreement. Some provinces have managed to sign agreements with management at the provincial level in order to access resources but still some Shop- stewards and FTSSs in those Provinces are still experiencing challenges around resources, meaning that it is not everyone who access and or is given resources.

The feeling of most of the FTSSs is that the current agreements on the release of FTSSs both in SAPS and Department of Correctional Services [DCS] should be reviewed. Collective Bargaining Department is aware of the challenge. Most of paralegals are using their own private vehicles to attend to disciplinary hearings and the Organisation is paying for their travelling and accommodation claims. In addition, upon fi nalisation of cases representatives are incentivized depending on the outcome of the case.

c. To maintain our majority position in all three [03] departments through effective recruitment processes on continuous basis

A recruitment plan with targets has been developed with in line with the 2010- 2014 Strategic Objectives. Provinces were encouraged to break down allocations according to their locals and monitor them. Thus far (January 2015) membership statistics are as follows:

122 Book One: Progress report on the 2010 - 2014 strategic plan

NO. SECTOR TOTAL MEMBERSHIP

South African Police Service [SAPS] 124 3939

Department of Correctional Services [DCS] 27 568

Traffi c 5 497

Others 430

TOTAL 157 888

The Organisation remains the majority in all three [03] departments and the Organising Department acknowledges the Seventh [7th] National Congress Resolution to attain a membership target of 180 000.

Observation/s

The department has observed that the soil is still fertile in all sectors that the Organisation organises. Recruitment within Traffi c continues but we are unable to tell whether the Organisation has attained the majority or not because Traffi c is not a National Department.

d. To sustain, grow and continuously incentivize the recruitment cadres by remunerating as per the agreed amount of not less than R100

The recruitment payments have been increased from R100 to R150 subsequently Recruitment Coordinators have been appointed in each province and the Coordinators are expected to establish their own recruitment teams.

123 POPCRU 8th NATIONAL CONGRESS

e. To ensure retention of membership through the provision of quality services and benefi ts on a continuous basis

The case management system is operational and has come with positive result. Cases are reported at Provincial level and Provincial Paralegal Coordinators are responsible for handing out those cases. Monthly reports on cases are received from Provinces. All Paralegals are being rewarded for representing members by means of receiving an incentive reward paid for each fi nalized case. The Legal department is currently handling all queries and some are transferred to relevant provinces. The Organisation has resolved that LESAKA Legal should handle all arbitrations/ referrals. The appointment of Arbitration Coordinators has been fi nalized and all systems are up and running. The Department has a Retention Strategy through a POPCRU Sports Tournament within DCS. The Tournament would be running through all provinces and the pilot was at the North West [Rustenburg Area Management: DCS]. The project was successful and well attended.

The Legal and Bargaining has relations with SAPS Head Offi ce and meetings are realized to discuss and share information around suspensions. Suspensions over three months are attended to and resolved. f. To set up and implement the proactive management monitoring system on cancellation, double deduction and frozen salaries on a monthly basis

The Department has created a registers for cancellations wherein they are received and registered. Following that, other Union cancellations are submitted to the Head offi ces of all sectors on a fortnightly basis. Cancellations are also fi led manually for record purposes. Monthly meetings are scheduled and held with all sectors on discussions around cancellations and membership. Frozen salaries are being handled by the Bargaining Department.

As and when POPCRU cancellations are received from other Unions they are forwarded to provincial offi ces with a view of re-joining the members that have resigned and submissions of reports to the Head offi ce to that effect.

124 Book One: Progress report on the 2011 – 2015 Programme of Action [PoA]

1. PROGRESS REPORT ON 2011 – 2015 Programme of Action [POA] 1.1 Secretariat This progress report on the implementation of the 2011 -2015 Programme of Action is presented under the following main headings:

1.1.1 Political 1.1.2 International; 1.1.3 Organisational and 1.1.4 Sectoral.

125 POPCRU 8th NATIONAL CONGRESS

Political

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION Crime Summit • As a civil rights organisation POPCRU is • The Summit was successfully • To reduce levels of crime, committed to fostering a social, political convened in 2012. to refl ect on current and economic climate in which all who strategic defi cits, to learn reside in South Africa feel safe and are from existing success able to enjoy the basic liberties that stories, and to contribute underpin our Bill of Rights and our to fi nding new and more Constitution. effective solutions to the • The role of police unions and organised crime problem. labour in creating safer communities. • The role of community policing forums • The role of business and private security sector • The role of government agencies (whole of government) in creating a crime free South Africa • Enhancing the effectiveness of the South African Police Services Political school • Marxist-Leninist theories • The National Political school • Ensure that Political • Socio-economic factors was held in 2013 which was subsequently followed by school is included within • International Political Economy the year plan Provincial Political schools • Developmental state convened in 2014. • Secure resources for full • Nationalization of state owned resources implementation • Political education at all levels • Post Mangaung • The state of the COSATU federation and way forward

Strengthening Alliance/ • Participate in Red October • This is a work in progress. Red forum participation • Socialist forums • We have been consistence in • Active participation within • Strategic participation in the Alliance inviting the Alliance to all our the Alliance structures & gathering and events both at • Abolishment of section 46 of the Police programmes (e.g. reviving Provincial and national level. Act , 1995 COSATU locals, SACP branches & ANC branches) • Maintain continuous door to door campaigns (e.g. SACP)

126 Book One: Progress report on the 2011 – 2015 Programme of Action [PoA]

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION Growth path/ economic • Monitor the implementation of the growth • Engagements are at the transformation path through COSATU structures COSATU level. • Support creation of decent • Creation of jobs through learnership jobs programmes • Create opportunities for • Review of Statutory Acts learnership & internships • Rural economic development • Continuous negotiation for • Advocate for skill revolution in relevant improved salaries forums • Support acceleration of youth employment • Support the development wage gap policy

Police Brutality • Police training methodology should be • A framework was developed • Engaging the employer bias towards humanity for DCS and SAPS in 2013, on alternative methods of • Utilize constitutional structures and presented in the NEC and crowd control other forums to advocate against Police endorsed by the Central Executive Committee in 2013 • Ensuring that the Brutality for further engagements at resolutions on training • Service delivery protests the level of the Councils. cover all members in the • Awareness on compliance to Bylaws service • Ensuring peaceful & responsible civil demonstration • Ensure continuous engagement through COSATU structures

Accessible quality • Mobile progressive unions within the • Not achieved. education campaign education sector on quality education [school fees and affordable campaign higher education] • Inconsistent tuition fees in schools • Discourage migration of • Awareness on school fees subsidy township learners to the • Accessible quality education suburbs • Lobbying the Department of Education to regulate the school fee tariffs across the board.

127 POPCRU 8th NATIONAL CONGRESS

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION Land Restitution • Commission on land redistribution • Engagements were done at • Infl uence the amendment • Effective utilization of the land. the level of the federation to take the process forward. of land act through • Advocate for full implementation of land COSATU reform programmes • Encourage rural infrastructural development • Accelerate the land claim processes. • Encourage government and business to accelerate and prioritize rural investment (e.g. roads and telecommunication)

Transformation of • Support progressive unions in the • Engagements are at the fi nancial institutions banking sector COSATU level. • Advocating for the establishment of • Promoting access to capital worker’s bank • Regulation of interest rates • Reinvigoration of black listing campaign

National Health Insurance • Regulation of rates • A Pilot project has started • Supporting the • Access to quality Public Health Care though much has not been done in monitoring progress. Parliamentary Green Paper • Continuous engagements within COSATU on consultative forums and other relevant stakeholders • Upgrading public health services

National Anthem • Restore the South African National • A resolution was presented • Review of the current anthem to its original form at the COSATU National National Anthem Congress and was engaged as such.

128 Book One: Progress report on the 2011 – 2015 Programme of Action [PoA]

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION Infrastructural • Maintain/ service the existing • The engagement are currently development infrastructure on at the level of Nedlac • Sponsor programmes • Job creation through Cosatu persuading for the utilization of the government to fast-track a existing infrastructure programme on infrastructure development. • Encourage government and business to invest in infrastructural development.

Transformation of Media • Advancing the agenda on media • Work in progress • Reaffi rm COSATU resolution transformation on an alternative media • Advocate for an independent regulatory house body • Embark on broad societal campaign on transformation of media

129 POPCRU 8th NATIONAL CONGRESS

INTERNATIONAL

OBJECTIVE/ SPECIFIC FOCUS PROGRESS ACTION Affi rming POPCRU within • Established unions within police and • The 4th International the International frontiers corrections in SADC and ensure their Symposium was successfully • Maintain existing relations sustainability convened in April 2013 in with International • PSI 2012 Congress and other related Zambia. counterparts activities • There is continued support • Forging new relations with • Pledging International solidarity in countries were unions and associations were other unions • Participating in COSATU programmes established. • Active participation in • Exchange educational programmes international projects/ • Leadership Development • International comparative studies programmes through training was through research projects conducted in August 2013 • Reaffi rm the COSATU • Develop stronger relations with for Lesotho Police Staff resolution on building Department of International Relations Association [LEPOSA] a strong African Trade Co-operations(DIRCO) Union Movement

Western Sahara and Sudan • Participation in peace keeping missions • Engagements are at the COSATU level. • Encourage the government • Protection of vulnerable civilians through DIRCO to provide • Encourage Democratic National mediators in the African Elections and Western Sahara countries

130 Book One: Progress report on the 2011 – 2015 Programme of Action [PoA]

OBJECTIVE/ SPECIFIC FOCUS PROGRESS ACTION Political Instability and • Dispute resolutions mechanisms Not achieved. Western Infl uence Africa • Transformation of the United Nations • Perpetrators of genocides components. be trialed in the international criminal court. • Ensure the enforcement of UN and AU intervention to scale down political confl icts through COSATU • COSATU through government to engage for a permanent seat in the UN Security Council

131 POPCRU 8th NATIONAL CONGRESS

ORGANISATIONAL OBJECTIVE/ SPECIFIC FOCUS PROGRESS ACTION Employment Equity [EE] • Focus on the Employment Equity • We participate in all • Monitor Implementation commission reports EE Committees both at of EE policies and plans • Improving personnel recruitment Provincial and national level. in all the sectors strategy within POPCRU. • Monitor the • Enhance equal opportunities in the implementation of labour market POPCRU EE plan • Foster to reach employment equity target as set by the policy • Ensure gender sensitivity in the appointment of senior managers • Ensure that people with disabilities are not discriminated against

132 Book One: Progress report on the 2011 – 2015 Programme of Action [PoA]

OBJECTIVE/ SPECIFIC FOCUS PROGRESS ACTION Leadership development • Women empowerment programmes A detailed report is covered in & Mass education • Leadership at all levels Book 2 under the Secretariat report. • Audit the current • Plough back strategy for trained members effectiveness of the • Leadership and governance skills programme • Membership at institutional levels • Identify existing gaps • Train 100 000 members through Mass Conduct impact • education programme. assessment strategy • Development of members through COSATU Mass Education programmes and other relevant institutions. • Empower leadership through credible learning institutions • Roll out programme on political education

Employee development • Developing organizational skills plan Training of staff members was • To empower employee • Conduct annual training reports to done and a full detailed report development though relevant SETAs is covered in Book 2 under the training report. accredited institutions • Relevant courses that are responsive to • Ensure quality and the objectives of the organization relevant development of • Develop an assessment tool to measure human capital the impact of training in relation to • Measurer the return of employee performance. training investment

133 POPCRU 8th NATIONAL CONGRESS

OBJECTIVE/ SPECIFIC FOCUS PROGRESS ACTION Institution for leadership • Political education for union members • A process to establish the development institution commenced in • Benchmark through 2014 upon the appointment research processes on of a Service Provider and the establishment of a approval of a framework by training institution. the NEC. • Embark on fundraising projects to secure resources for the establishment of an institution. • Establish POPCRUs’ leadership development institution.

134 Book One: Progress report on the 2011 – 2015 Programme of Action [PoA]

SECTORAL

OBJECTIVE/ SPECIFIC FOCUS PROGRESS

ACTION Departmental • Review the current DCS regional • Not achieved. Demarcation (DCS) demarcations

• Enforce the department of Correctional Services to comply with the constitutional provisions

1.2 Organising

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION Membership growth • Recruitment Strategy Realised and on-going for • Draft National • Reaching of quarterly targets example: Recruitment Plan • Monthly Reports of New Members - A program is in place and with targets and time recruitment is on-going. • National Recruitment Drive specifi cations - Provinces were informed • Marketing the Organisation • Order Promotional to submit recruitment Material programs. • Request Recruitment - Budgets were allocated for Programs from Provinces the provincial recruitment • Allocate Budgets and drives. Recruitment Material [if - Provinces submit reports on necessary] monthly basis, the reports • Request reports from are then assessed and Provinces recommendations are given where necessary. • Assess reports - Recruiters are been paid on • Recommend & Advice monthly basis • Monthly Payment of Recruiters [Recruitment Incentives] Membership Retention • Hold a Sports Tournament in all The committee was established Strategy provinces within the Department of including PGC members. • Establish a Committee [in Correctional Services The Budget was done. liaison with PGC] • Support the South African Police Services The tournament was only held • Draft a Program of Action National Sports Day in one province (North West, • Draft the Budget Rustenburg DCS). • Evaluation/ Assessment

135 POPCRU 8th NATIONAL CONGRESS

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION Cancellations, Frozen • Effective processing of cancellations - Done Salaries and Double • Compliance by the Employer on - Done Deductions cancellations - We are having meetings on • Register, electronically • Reduction of dual membership regular basis record and fi le • Reduction of frozen salary rate - Reports, Submissions and cancellations Observations Forward cancellations • - There is a challenge in terms effected at pay point of reporting from provinces. to Provinces for their - Dual Membership investigation and reporting - There is a programme in place and it is on-going. • Monthly meetings with the Employer to address - The challenge is that cancellation challenges provinces are dragging and receive update on their feet in terms of progress of forwarded implementation. cancellations - Frozen Salaries • Organize Dual - Reasons were established as Membership Campaigns to why the onset of frozen • Investigate frozen salaries sala ies: and share the information - Pending fi nalization of with the Employer disciplinary cases • Monitoring cancellation - Deceased members - Transfer out of the department - Bargaining attending to the matter. - Monitored on monthly basis. Appointment of Fulltime • Successful Release and or Secondment Done and on-going. Shop stewards [FTSS] of most [if not all] submitted appointees • Request provinces to submit appointees • Consolidate list of appointees and forward to the Employer requesting their release • Prepare FTSS contracts and their signing by all parties and forward to the Employer

136 Book One: Progress report on the 2011 – 2015 Programme of Action [PoA]

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION Fulltime Shop stewards • Improving FTSS Capacity Realised. Workshop • Identify challenges within FTSS work • Draft and compile scope Training Manual • Formulating a working document for • Compile name list of FTSSs attendees • Identify training venue • Inform Provinces on the Workshop: dates, times, delegates • Arrange logistics • Conduct workshop survey • Compile report and assess for future improvements

137 POPCRU 8th NATIONAL CONGRESS

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION HIV/AIDS awareness • HIV/ AIDS Awareness with the aim to The Draft Action Campaign Plan campaigns reduce infection and transmission was developed in 2012 and • Draft Action Campaign disseminated to Provinces for plan their implementation. • Disseminate program In turn provincial reports were to Provinces for submitted. implementation Consolidation and Assessment • Budget allocation - Not all provinces managed to • Provincial Reports implement their programmes. submission - Some of the programmes were • Reports consolidation and too congested and therefore assessment diffi cult to implement. - There could have been a slight improvement in terms of implementation provided that suffi cient funds were allocated to the budget. Recommendation(s) A National programme to be developed, based on that provinces are to be al located tasks so as to ensure the full implementation of the programme as a result this will provide as a tool for measurement. HIV/ AIDs Provincial Roundtable discussions These were awareness raising with the aim to reduce infections. The discussion took place in 2013 to the following provinces: KwaZulu- Natal, Free State, Northern Cape and North West (2014). The remaining provinces were targeted for 2014 but due to lack of funds that could not be realised.

138 Book One: Progress report on the 2011 – 2015 Programme of Action [PoA]

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION May Day Celebration • Celebrate the Day as a Worker Day Mobilization Programs • Mobilize members through • Sensitize members about the importance May Day celebrations 2012, program of visitation to of the day like all other years, provinces institutions would be advised to come up • Mobilization Programs with mobilization programmes and submit to National Offi ce • Secure Budget for to ensure the attendance of Programs and ensure member. In terms of budget, Members Attendance COSATU normally provides Disseminate Information • transport in each and every regarding venues and province, where that is not the programs about event case, provinces are allocated • Post Event Assessment budget to ensure members’ • Report Compilations attendance. After the May Day celebrations provinces submit reports for consolidation at National Level. Post Event Assessment - The challenge is that at times the Federation changes the speakers from their arranged venue to another Anti-Police Killing • Community sensitization on police killing Preparations for the Campaign Campaign with the aim to reduce took place, whereby a • Draft Campaign Plan with presentation document target and time frame to external and potential specifi cations stakeholders was developed, and presented. The following • Secure Budget year all campaigns were Disseminate program to • paused due to the SAPS PSA Provinces Appointees March, wherein • Provincial Reports the budget for the campaign Assessment would be utilised. • Recommendations

139 POPCRU 8th NATIONAL CONGRESS

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION Mandela Day Celebration • Inspire people to make change for better Realised in Mpumalanga. • Identify a different in the world Province for celebration • Assist in building the movement for of Mandela Day on an doing Good annual basis • Empowering communities • Identify those that • Make a difference in the lives of people/ are in need within the communities community and make selection • Identify Specifi c less fortunate/ challenges • Organize, prepare and coordinate for the event • Assist according to the identifi ed needs/ challenges • Celebrate the event by responding to the needs/ challenges i.e. cleaning, donations Women’s Day Celebration • Assist women in correctional centers in Realised in Western Cape. • Identify a Female their rehabilitation and preparation for Correctional Center re-integration back to society after their in Provinces [Rotating release annually] for a visitation • Celebrate Women’s Diversity on Women’s Day • Coordinate, prepare and organize for visitation • Draft a report • Assessment and Recommendations

140 Book One: Progress report on the 2011 – 2015 Programme of Action [PoA]

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION Female Recruitment • Increasing membership Realised and ongoing. Campaign (Women Driven) Provinces submit reports. • Inform provinces to The campaign improves on submit recruitment yearly basis. programs & budgets • Allocate budgets for Recruitment • Report Submissions on Recruitment [Provinces] • Assess the success • Recommendations Crime Prevention • Community sensitization on crime and A Gauteng Model was to Campaign its impact, with the aim to reduce and be developed as a National • Draft Campaign Plan with assist in fi ghting the war against crime programme. target and time frame The campaign could not be specifi cations realised due to the outcome • Secure Budget of the investigation that the Model could not be used • Disseminate program to as a benchmark because of Provinces challenges surrounding it Provincial Reports, • and as a result could not be Assessment and sustainable. Recommendations Anti-Corruption campaign • Reduction of Corruption within the Refer to update on within the Public Service Public Service “Crime Prevention Campaign” • Draft Campaign Plan with target and time frame specifi cations • Secure Budget • Disseminate program to Provinces • Provincial Reports, Assessment and Recommendations

141 POPCRU 8th NATIONAL CONGRESS

OBJECTIVE/ SPECIFIC FOCUS/AREAS PROGRESS ACTION Drug abuse • Drug Abuse Awareness with the aim to Refer to update on Crime • Draft Action Campaign reduce the on set Prevention Campaign plan. • Disseminate program to Provinces for implementation. • Budget allocation • Provincial Reports Submission. • Reports consolidation and assessment.

142 Book One: NOTES

143 POPCRU 8th NATIONAL CONGRESS

144 Book One: NOTES

145 POPCRU 8th NATIONAL CONGRESS

146 Book One: NOTES

147 POPCRU 8th NATIONAL CONGRESS

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