PSA calls for labour registrar’s removal after court ruling

The Public Servants Association (PSA ) has asked employment and labour minister Nomakhosazana Meth to fire labour registrar Lehlohonolo Molefe after a damning court ruling over the registration of the PSA.

The PSA, an affiliate of the Federation of Unions in SA (Fedusa), is the country’s third-largest public service union with close to 250,000 members.

The labour court this week granted the PSA an interim interdict against Molefe, suspending his notice of intention to cancel the union’s registration pending the outcome of the PSA’s appeal against his decision.

Business Day reported in July that Molefe had gazetted his intention to cancel the PSA’s registration for allegedly failing to submit audited financial statements and membership records.

He said the PSA, the largest affiliate of Fedusa and one of the largest unions within the public service co-ordinating bargaining council, “is not a genuine trade union” as envisaged in the Labour Relations Act (LRA).

“The organisation cannot function in terms of a constitution as per the LRA. The organisation failed to comply with the provisions of sections 98, 99 and 100 of the act,” Molefe stated in the Government Gazette.

The court accepted evidence that the PSA’s leadership is democratically elected through the union’s branches and congress, with the voting process overseen by an independent service provider

“The sections pertain to accounting records and audits (section 98), duty to keep records of membership, meetings and ballots (section 99), and duty to provide information to the labour registrar regarding annual membership and financial reports (section 100).”

Molefe called on the PSA and interested parties to make representations within 60 days as to why the union’s registration should not be cancelled. This prompted the PSA to approach the courts for relief.

“The court accepted evidence that the PSA’s leadership is democratically elected through the union’s branches and congress, with the voting process overseen by an independent service provider,” PSA general manager Reuben Maleka said.

“The court found this process accords with the democratic process contemplated by the LRA and that the registrar’s primary assumption regarding the PSA’s governance was false.

“The judgment also confirms the PSA’s finances are subjected to rigorous scrutiny. The PSA’s books are audited annually in accordance with international financial reporting standards, a higher standard than that required under the LRA.

“The court recorded that the registrar has never demonstrated that the PSA’s financial records fail to meet generally accepted accounting standards.”

The court noted the proposed deregistration was not based on any need to protect PSA members from financial maladministration or improper use of union resources.