When Minister of Public Service and Administration Geraldine Fraser-Moleketi promulgates regulations on the restructuring of the public sector this Friday, she will do so without the support of the two largest public service unions.
Neither the Public Servants’ Association of South Africa (PSA), representing about 180 000 bureaucrats, nor the South African Democratic Teachers’ Union (Sadtu) with 220 000 members, signed the restructuring framework agreement of March 6, thrashed out after months of tortuous negotiations in the public service bargaining council.
Both unions are reserving their rights to see whether the regulations accommodate their concerns.
Sadtu’s key objection is that teachers had already undergone a redeployment process by 2000. The PSA objects that retrenchment packages on offer in terms of the agreement are less favourable than what is currently on offer.
But Fraser-Moleketi, under pressure to kick-start long-delayed public service reforms — particularly the transfer and retrenchment of thousands of redundant employees — is to use her right as employer of over one million public servants to enact regulations.
Fraser-Moleketi’s spokesperson, Tembela Kulu, said issuing regulations was a ministerial prerogative. This was a separate process from consultations in the bargaining chamber.
”The main reason is to provide a tool for managers to manage properly,” said Kulu, adding that restructuring was already under way in many national departments and provinces, including Limpopo’s public works department.
The regulations are likely to be broadly based on the March agreement, even though it was endorsed by only five of the 12 public sector unions. The assenting unions represent 42% of public servants — short of the required 50 plus one under the collective bargaining rules.
Further consultations with public-sector unions are expected to continue until the last minute to smooth out areas of disputes. Public service officials believe the objections of certain unions can be dealt with in the regulations.
Sadtu general secretary Thula Nxesi said if regulations acknowledged that teachers had already undergone a redeployment process ”we would not have problems”. But he cautioned Fraser-Moleketi against unilateral action. ”It only causes resistance.”
PSA general manager Anton Louwrens said the association would not oppose restructuring ”as long as we don’t put civil servants out on the streets with reduced packages in this economic climate”.
The PSA supported phase one of the restructuring process — a skills audit linked to the internal transfer of excess civil servants. But it has taken issue with the retrenchment procedures of phase two.
”If the regulations in any way infringe on existing terms and benefits, there is going to be a huge problem,” Louwrens said.
It is understood the regulations will set up task teams in each national and provincial department, as well as interdepartmental task teams, to monitor restructuring, redeployment and training.
Lists of available personnel, their skills and positions and available jobs will be drawn up.
Redundant civil servants will be able to apply for vacant posts and receive training. At the end of this process — envisaged in early 2004 — excess public servants could either retire early or apply for voluntary severance.
These terms were finally thrashed out after months of negotiations in the bargaining council when the first deadline of December 12 2001 was missed amid disagreements over what the earlier job summit had actually decided.