'We'll see you in court'

Published Oct 2, 2008

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They're angry, they feel betrayed and they've had enough. Now prosecutors are threatening to take legal action against the National Prosecuting Authority for failing to honour its promise of a pay increase.

The NPA failed on Tuesday to comply with a settlement agreement with the unions representing government legal staff. According to the agreement, the state had to implement legal skills-based increases by September 30.

Notice of these "occupation-specific dispensation" (OSD) increases have yet to be published in the Government Gazette, a process essential to the raises being paid out.

The Star on Wednesday confirmed that the prosecutors' unions - the Public Servants' Association (PSA) and the National Education Health and Allied Workers' Union (Nehawu) - are considering having their settlements with the NPA declared orders of court.

They then would launch contempt-of-court proceedings against the prosecuting body.

"We are seeking an urgent meeting with our legal department about how we can force the agreement... because it is clear the employer has defaulted," Nehawu negotiator George Motaung said.

In an email to NPA staff, the PSA said: "In terms of procedure, when the employer fails to comply, the PSA will refer the settlement to be declared the order of court, and the employer will be compelled to comply.

"Should the employer fail to accede to the order of court, the contempt-of-court process will be embarked upon."

The NPA told The Star that any proposed legal action would be unnecessary because its failure to meet the implementation deadline was the result of "minor hiccups of an administrative nature".

NPA spokesperson Tlali Tlali said: "The delay in fulfilling some aspects of the agreement need not be seen as constituting derailment. The cause of the delay has been identified, and steps have been taken to guard against further and/or added prejudice to our members of staff."

He didn't say what the "minor hiccups" were, but stressed that the NPA was committed to ensuring OSD increases were fully implemented.

Emails obtained by The Star show that prosecutors are also apprehensive that the implementation of OSD increases may be delayed or scuppered now that Brigitte Mabandla is no longer the minister of justice. She agreed to the OSD increases in June.

Acting NPA head Mokotedi Mpshe has assured staff that the NPA was bound by the settlement, concluded after prosecutors embarked on two weeks of protest action, and was committed to implementing it as soon as possible.

But still prosecutors fear the NPA's failure to honour the deal will leave them without the back-dated OSD increases they expected to get on October 15. They received a 10,5 percent salary hike from the NPA, but this is relatively small in comparison to revised OSD payouts.

"We have been waiting for the OSD increases for nearly two years and people are relying on the money being paid out," a Joburg prosecutor said.

"If the NPA lets us down again, the damage to our motivation, morale and commitment will be irreparable."

To make matters worse, NPA human resources head Romeo Adams has resigned, and left on Friday.

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