Nehawu set to march on Concourt over salaries judgment

TRADE union federation Cosatu’s biggest affiliate has warned Acting Chief Justice Raymond Zondo and the Constitutional Court to deliver the judgment in the public service wage dispute within two weeks or face protests.

The National Education, Health and Allied Workers’ Union (Nehawu) told Justice Zondo that it would march to the Apex court to express its displeasure at the time it has taken to hand down its ruling.

Nehawu has taken the extraordinary step of demanding that the Concourt deliver its decision.

“We wish to record that the matter was heard in the Concourt on August 24, 2021 and to date the judgment remains outstanding. The union deems that period to be excessive as it is now in excess of five months,” said Nehawu general secretary Zola Saphetha in a note to Justice Zondo.

Saphetha said: “In light of the significance of this matter, and its adverse effects on collective bargaining, we humbly request that the honourable court releases the judgment within 14 days from receipt of this letter, failing which we and our members shall march to the Concourt.”

Nathi Mncube, the spokesperson of the judiciary, told Independent Media: “The parties will be the first to know when the judgment is ready for delivery. That will be followed by a media alert the court issues to the media and public.”

The Public Service Association (PSA) asked the state employees to exercise patience with the Concourt in December.

“The matter is complex and the PSA anticipated that it would take a considerable period for judgment to be delivered. Members are thus requested to exercise patience,” it promised its members.

The government has previously warned that implementing the last leg of the three-year wage agreement sealed in 2018 would cause a drain on the fiscus.

The Public Service Co-ordinating Bargaining Council has previously heard that the agreement the unions representing state employees would cost the state R30.2 billion above the fiscal envelope, which stood at R110bn.

The government warned that implementing the agreement would cost R29bn alone.

Last year, the Cabinet announced that among the profound uncertainties on the durability of the country’s economic recovery was the inclusion of the public service wage agreement, which breached the budget ceiling for compensation of employees by R20.5bn.

At the time, the government said last year’s wage agreement provided for a pensionable increase of 1.5% including a once-off non-pensionable cash gratuity of over R1 000 after tax.

The National Treasury complained that the increases were not in the budget.