MWASA STATEMENT ON MENDED RELATIONS WITH SABC

[generals...@mwasa.org.za]

Today, 8 February 2012, MWASA and the SABC met for a second time at CCMA arbitration in Johannesburg.

MWASA and the SABC settled for an immediate cessation of hostilities following the stand-off triggered by disagreements around the Turnaround Strategy processes. These highly publicized collisions stretching from 2010 culminated in the termination with immediate effect of the MWASA collective agreement on 4 August 2011.

Today MWASA agreed to withdraw the dispute on condition certain rights including the authorization of stop-order deductions were restored and a further verification process is undertaken in respect of new threshold requirements. This settlement averts a potentially drawn- out litigation resulting in major losses on both parties.

The parties will convene a meeting soon to take forward the process of reconstructing principled working relations soonest possible.

MWASA thanks all the members who defended their right to choose a union of their preference and who have remained steadfast throughout the trying times over the past few months.

Independence is critical to MWASA. The right to determine and chart our progressions and develop our own ideas and views as well as the right to give voice to our concerns should and will be defended at all costs. This defines our role in the workplace and we are prepared to play this role efficiently and effectively. We have done so before and will work hard to make valuable contributions and to cooperate with all those who share our vision of an effective public broadcasting system for our deserving masses.

Our faith in the CCMA is reaffirmed. We are hopeful that this CCMA-brokered cooperation with the SABC sets the basis for progressive and fruitful engagements now and in future.

The maturity of the relationship between MWASA and the SABC will be tested and appraised on the basis of commitment to shared-values, principles of accountability, inclusive social dialogue and responsiveness to diversity of views.

Further details will be provided in due course.
//////ends
Tuwani Gumani
GS:MWASA
0795035270/0827433867
------Original Message------
To: Tsietsi Mohoalali
To: ElliotM
To: Elizabeth Phathela
To: Eunice Meisie Malatji
To: Richard Matsoku
To: Rose Selolo
To: Sam Ramosa
To: Thabo Rakgotho
To: Thandi Shezi
To: Thinus Ferreira
To: Cecilia Isaacs
To: Geraldine Ogle
To: Nokuzola Poswa
To: Albert Mathivha
To: Andre Weber
To: Stanley Ngiba
To: Sam Dlamini
To: Faith Muthambi
To: Danny
To: Hebron Manganyi
To: Jonga VL
Cc: Lulama Mokhobo
Cc: Lungile
Cc: mzwaiy...@gmail.com
Cc: Mandiwe
Cc: Manene Samela
Cc: Bekezela Makhathini
Cc: Mobe Vilakazi
Cc: Mosololi Mohapi
Cc: Hlaudi Motsoeneng
Cc: Busisiwe Mnisi
Cc: Branco Nkambule
Cc: Vusi Noveve
Cc: Bongani Bophela
Cc: shar...@hotmail.com
Cc: Zodwa Cele
Cc: Zola Yeye
Cc: Kate Skinner
Subject: Re: MWASA IN EXILE
Sent: Feb 3, 2012 12:04

Dear Comrades,
MWASA had invited the SABC to meet in Pre-Arbitration Conference on 25 January 2012 in preparation for setdown on 2 Feb. The SABC delayed the pre-Arb until Monday 30. Even then the meeting was postponed from 2pm to 5:30pm ending around 8pm.
The SABC only provided to MWASA a copy of the pre-Arb minute only when the parties presented themselves before the Commissioner. There was no way we could engage at such short notice receipt of the pre-arb minute. We believe the SABC had designed this inconvenience. We asked for postponement until 8th Feb to prepare adequately.
The issue in dispute is why and how the SABC could agree on a threshold that is then not applied equally across the three unions? The SABC only claims that the MWASA agreement was terminated because the amendment regarding the threshold change to 500 "was never physically signed by both parties" as required by clause 22.3 of the terminated agreement.
It is quite obvious that MWASA was singled out for special treatment for the reasons we all know.
It is our argument that the termination was unlawful and inspired by reasons and motives aimed at sidelining MWASA to allow for activities such as the case of the disputed process of appointment of the COO.
We believe the matter will be settled as early as third week of Feb 2012.////
Tuwani Gumani
0827433867/0795035270

------Original Message------
To: Tsietsi Mohoalali
To: ElliotM
To: Elizabeth Phathela
To: Eunice Meisie Malatji
To: Richard Matsoku
To: Rose Selolo
To: Sam Ramosa
To: Thabo Rakgotho
To: Thandi Shezi
To: Thinus Ferreira
To: Cecilia Isaacs
To: Geraldine Ogle
To: Nokuzola Poswa
To: Albert Mathivha
To: Andre Weber
To: Stanley Ngiba
To: Sam Dlamini
To: Faith Muthambi
To: Danny
To: Hebron Manganyi
To: Jonga VL
Cc: Lulama Mokhobo
Cc: Lungile
Cc: mzwaiy...@gmail.com
Cc: Mandiwe
Cc: Manene Samela
Cc: Bekezela Makhathini
Cc: Mobe Vilakazi
Cc: Mosololi Mohapi
Cc: Hlaudi Motsoeneng
Cc: Busisiwe Mnisi
Cc: Branco Nkambule
Cc: GinaC
Cc: Vusi Noveve
Cc: Bongani Bophela
Cc: shar...@hotmail.com
Cc: Zodwa Cele
Cc: Zola Yeye
Subject: MWASA IN EXILE
Sent: Jan 26, 2012 07:54

Dear Comrade Tsietsi,

We have heard reports of positive changes at the SABC and we welcome change. Change is good!

We need to first dispel the negatively-intentioned, deliberately misleading and untrue "facts" about the organizational and statutory integrity of MWASA!

We are NOT 'de-registered' with the Department of Labour, neither are we legitimately "de-recognized" by the SABC.

The act of de-registration or otherwise of unions is the competence of the Registrar of Labour and MWASA has and remains compliant with the requirements of sections 98, 99 and 100 of the LRA as well as the provisions of section 95 whereby independence of the union from the control of the employer is a standing stipulation. We will safeguard this independence!

The terms "de-registration" and "de-recognition" have been very loosely, recklessly, deliberately even irresponsibly used in pronouncements regarding the unlawful and irregular termination of the MWASA-SABC agreement.

MWASA was "de-recognized" unlawfully and the continued public pretense by those who raped process and warped fact should not be supported or condoned. South AfrIca as a country and nation is experiencing arrested-development because of this pervasive and hallowed preoccupation with protected misconduct, sheltered wrong-doing, revered impunity, personality-cults and pursuit of narrow sectarian interests. It is otherwise called "corruption" where positions of power in public institutions are used and abused to benefit persons and their interests.

Like we said earlier, at the SABC, the management and governance tools are in place but these are either ignored or misused.

Whilst being conciliatory, progressive and constructive in nature, perspective and commitment, we are disappointed by the management of the SABC seeking shallow refuge under the thinnest of vanishing veils. It is a lie that MWASA did not meet the required threshold and was exiled because it fell short of required numbers! Our aversion of conflicting ourselves by engaging in consultations on a matter at CCMA arbitration was the reason we were exiled!

The lie is coming home with the chickens to roost. There is now no more room or space for "the coalition of the faithless" to hide. All clandestine deals have to be exposed including the shenanigans of "respected and revered union/worker-leaders"!

May it be clear that our commitment to worker-solidarity does not include nor harbour anti-worker and union-bashing machinations. We are aware of the deals and efforts aimed at obliterating, annihilating and erasing MWASA. Coalitions against truth and rebellions against ideas whose time has come usually do not succeed.

This fact must be clear, conspicuous and unequivocal. The SABC will not progress if support for regressive approaches to organisational development remains the prize-achievement, a badge of honour and full-time preoccupation. Stroking desperate egos, massaging pathologies and supporting depraved personalities at the expense of the SABC' core business and the interests of its various publics and of its employees must not be condoned by anyone committed to seeking realignment of the SABC with aspirational objectives contained in the Corporation's mandate.

Our beloved Honourable Minister made announcements today regarding several important changes at the SABC.

We openly welcome, celebrate and applaud targeted, apt and timeous responses by the Minister to our humble call for the appointment of qualified and capable executives at the helm of the SABC. We await the appointments of the outstanding credible champions of change in the coming days.

In our belief that the SABC was and remains an entity incarcerated and confined in ICU (much against its wishes but for its own good), MWASA had posited the infinitely last-resort and politically embarrassing option of placing the SABC under administration in juxtaposition to appointments of capable, qualified and fitting persons to the board, executive and management of the public entity.

Our aspirations have been partially affirmed and we are considering revoking the call for the SABC to be placed under corporate administration. We believe the initiatives to appoint relevant champions of the 'turnaround strategy" in the GCEO, CFO and COO on a long-term fully accountable basis is critically crucial. Thus far the GCEO, Ms. Lulama Mokhobo is appointed and we approve of this display of responsiveness by Government.

We are concerned however that whilst the general developmental thrust is appreciable, it remains a sensitive matter of extreme and considerable concern that reports indicate to a further demonstration of insipid challenges regarding the establishment, observance and safe-guarding of the necessary 'independence' of the SABC.

The participation of and by the Minister in the festivities of Wednesday 25 January 2012 at the introduction of the Board Deputy Chairperson, the GCEO was marred by the extension of the Ministerial involvement in the announcement of appointments of positions, respectfully well below the competence or scope of the Minister such as the position of Group Executive: HCS as well as Sales and Marketing which we believe should have been relegated to the purview, jurisdiction and competence of the Board. We welcome the appointments aimed at stabilizing the SABC.

We need to continuously debate the import of the separation of powers and effective delegation of authority to ensure commensurate and optimum levels of accountability. It would have undeniably encouraged all stakeholders to believe in the genuineness and well-meaning intentions by and of the political leadership of the country to these fundamental principles.

Finally, you are reminded of the fact that MWASA continues to dispute the claims that the termination of its recognition contract with the SABC was terminated on the basis that MWASA failed to retain a 20% membership within the 'bargaining unit. The SABC itself has already confirmed like SAFA that they had not read the rules correctly, in this case specifically referring to section 18 (1)&(3) of the LRA. The SABC had opted for a useless battle, one to cost them a war. There is no way that the SABC can and may insist on MWASA meeting a different threshold requirement to the one we were excluded from 'fashioning in terms of section 18 of the LRA, on the purported 4 April 2011 meeting with unions recognized in the SABC' as communicated to MWASA only on the 28th September 2011, effectively two months after the termination was instituted with immediate effect.

We had insisted all along that MWASA cannot and may not be required to meet an outdated and obsolete threshold requirement of 20% for organizational rights and 25% for bargaining rights. On the 12th April we had held a meeting where the two levels of rights were collapsed into a figure of 500. We were informed we were below this figure in April and we immediately provided the SABC with 25 new forms and were told then we "qualified to participate in wage negotiations held outside Centurion from May up to signing a binding agreement beginning of July.

The SABC must acknowledge they had made a cardinal mistake by excluding MWASA from participating in the signing ceremony of 20th April 2011 where "the SABC signs amendment agreement with three unions". The statement made by SABC Corporate Communications however mentions and quotes CWU and BEMAWU as the "three unions" that signed this agreement. MWASA was again excluded as was the grand plan starting on the 4th April 2011 if the ER Department is to be believed!
We are conciliatory but acknowledge conciliations have consequences.

We went to the labour court on 15th August 2011 where immoral conduct characterized the SABC. Lying under oath is called perjury and is a criminal offence punishable by law. The sad part for MWASA is that lying necessarily breaks and destroys the relationship of trust critical in functional and progressive labour relations.

We again witnessed this unsavoury relationship with the truth when statements made before Parliament by the Board and Executive of the SABC on 16th August 2011 relating to a request for funding for the express purpose of paying out severance packages were refuted on the 19th August 2011 in a television news reported joint SABC and Organised Labour press conference.

Integrity and truth are related and this is in very short supply at the SABC. It is a situation that must change if we are to set the organisation on a sustainable road to recovery.

We cannot continue to mislead ourselves that there is any turnaround strategy currently in implementation as per the terms of the Government Loan Guarantee. This turnaround will elude the SABC for as long as across all levels of the SABC, from Board, Executive and Staff, the obtaining factionalism, dishonesty and pandering after sectarian interests maintains and is encouraged to the detriment of the SABC.

Removing MWASA out of the equation will not change this fundamental fact and obtaining reality, instead the SABC is poorer with the insisted exclusion of MWASA.

We were the architects of the Framework of Engagement Agreement, a tool to manage turnaround strategy consultations. We had to force the SABC through CCMA against the wishes of the SABC and in spite of the scorn of its favourite 'unions'.

It is important to fully comprehend, measure and admit to one's recurrent challenges/failure if any help is to come forth. Healing begins with acknowledging the ailment afflicting one. That acknowledgment is a sign of strength and not of weakness.

We are waiting for a word from the SABC on how we resolve the dispute they fermented in August 2011. We had invited the SABC to a pre-arbitration conference on 24 January 2012 and this appointment fell through. The Arbitration process is set down for February 2, 2012.

We are ready, as we had always been, to continue making positive contributions to the re-orientation of the SABC and will not be distracted by the effective offensive lockout or banishment currently imposed on MWASA by 'the coalition forces'.

We must commend our members that have seen through the scams and schemes of our adversaries. It was and remains unfathomable that the SABC could launch such a scathing and reckless attack on its own employees the "First Citizens who are members of MWASA" as was the case with the special-edition Intercom of 5th August 2011.

The silence of the onlookers and bystanders in the face of this aberrant, unconstitutional conduct by the SABC, is noted.

It has been almost 7 months we have been banished and exiled!

This too shall pass. Trouble don't last always!

Kindest regards
Tuwani Gumani
General Secretary
0795035270/0827433867

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