Johannesburg | Monday
ABOUT two-thirds of the country’s state attorneys continued their pay strike on Monday after the Justice Department failed in a bid to have the action declared unlawful.
”About 170 of the 250 state attorneys are now taking part in the strike,” Public Servants’ Association general manager Anton Louwrens said in Pretoria.
”Their offices in the six major centres will remain virtually empty until at least until Wednesday, when we will review our action.”
The Labour Court on Saturday dismissed a Labour Court application by two government departments for an order to take disciplinary action against striking attorneys.
The court ordered the departments of Justice and of Public Service and Administration to pay for the application.
”This means that the PSA members on strike will receive protection against the victimisation that they had to deal with since last week,” Louwrens said.
The Justice Department on Thursday warned the attorneys that their action was unlawful and unprotected. It said those not back at work on Monday morning would face misconduct charges that could include dismissal.
State attorneys contend there has been a continuous decline in their salaries since 1988, with some lagging 50% behind other professionals in the Justice Department.
The department argues it has no jurisdiction over state attorney salaries, saying these are being determined in the public service bargaining chamber.
Representative Kaizer Kganyago on Monday said the department was still examining its options after the court order.
”No decision has been taken as yet. All we know is that we cannot proceed with disciplinary action. Meanwhile, the policy of no work no pay will continue to be applied,” he said.
The Labour Court ruling that the strike was a protected one will remain in effect until September 28, when the case will be back in court for full argument. – Sapa