Accountability: Political interference and independence

According to a report in the Mail & Guardian on 17 July 2015 officials in the Department of Labour are being forced to pay thousands in legal fees for refusing to bow to ‘political’ pressure and withdraw an application to the Labour Court to have Ceppwawu placed under administration, more particularly for failing to submit audited financial statements for more than three years, as required by the Labour Relations Act.

See the following report based on the reporting by Matuma Letsoalo and Qaanitah Hunter and which was first published in the Mail & Guardian on 17 July 2015 :

Labour officials told to cough up for defying minister

And the report on SA Labour News

Officials who defied labour minister in pursuing Ceppwawu court application to bear the legal costs

See also earlier posts on GilesFiles

Trade union: application for administration posted on 15 May 2015

Prescribed debt: award prescribes after 3 years posted on 17 October 2014

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GilesFiles on July 23, 2015 at 4:05 pm

Natasha Marrian reported on 22 July 2015 in BD Live that two labour federations have written to Deputy President Cyril Ramaphosa complaining about political interference by Labour Minister Mildred Oliphant in the work of the registrar of labour.

Ms Oliphant faces possible legal action after she moved to halt placing the Congress of South African Trade Unions-aligned (Cosatu-aligned) chemicals union, Ceppwawu, under administration.
See Labour federations denounce minister

GilesFiles on July 24, 2015 at 12:05 pm

According to a report by Natasha Marrian today in BDLive the Labour Department has stripped its registrar, Johan Crouse, of his title with immediate effect on the grounds of gross insubordination. Read the full report: Labour sidelines registrar over court action.

GilesFiles on July 31, 2015 at 6:13 pm

Natasha Marrian’s report Ousted labour registrar Johan Crouse takes department to court first appeared in BDLive today.

OUSTED labour registrar Johan Crouse has filed papers challenging his removal by Labour Minister Mildred Oliphant. Mr Crouse lost his position allegedly after failing to suspend a move to place a Congress of South African Trade Union (Cosatu)-aligned union under administration.
. . . .
Mr Crouse was shifted from his post for “gross insubordination” last week. This was after he tried to use a newly enacted amendment to the Labour Relations Act that allows for unions to be placed under independent administration. This route was taken to prevent the union from being completely deregistered, which would have prejudiced its members. According to the notice of motion filed on Thursday, Mr Crouse is seeking an urgent application to review and set aside the decision to revoke his designation as labour registrar.
. . . .
Mr Crouse argues that in terms of the Labour Relations Act the registrar is not obliged to consult or be authorised to take action. While appointed by the minister, the registrar is independent of the office and a special functionary in terms of the act. Mr Crouse also says the revocation of his powers amounted to “unlawful interference” and “usurpation” of his powers and that at no stage was he charged for any wrongdoing in a disciplinary hearing.
. . . .
The matter is set to be heard in court on Tuesday.

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Accountability: Political interference and independence

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