SpeechReport

28 Harrison Street, Johannesburg 2000 P O Box 61367, Marshalltown, 2107 Tel: (011) 377-6763 Cell: 0789821417 Email: [email protected] OFFICE OF THE GENERAL-SECRETARY The General Secretariat Report As our movement celebrates its 25 years of existence, I am deeply honoured to be part of its leadership and I remain committed to continue to discharge my responsibilities with distinction. NEC delegates it has been just over a year since we took office and during this sitting I plan to report on the work and vision of the Organization, my aim and hope is to offer a state of affairs of the CSA. Development in Leadership NEC delegates we are a rebooting generation, therefore as a union we cannot divorce ourselves for what happens in the country. On the issue of gender-based violence we must speak harsh against this wherever it manifests its ugly head. 1

Again, on the issue of discrimination against LGBTQIA community we can’t be silent. For everyone must be free in our workplace the CCMA to be who they are without a fear of stigma from fellow colleagues. We need to change on how we do things, we need to adopt positive approach in dealing with issues of differences. For if we don’t this may lead to mental health issues, alcohol abuse, and aggression. Consequently, producing slaves of alcohol and drug abuse. As a rebooting generation we must act as a developing state, as such a state defines key areas to develop. We must do the same with the upcoming leaders. We must move forward with absolute discipline. We must with urgency reach a stage of maturity wherein our differences do not amount to us throwing our toys up the air. As we accepted leadership roles, we must stand up and be counted, let us service our members with distinction. We must be leaders that are characterised by an ideological hegemony. And we must be leaders that are able to point the direction for our members so that at the end they will have trust in us. Finally, we must play an active role in recruiting strong individuals to form part of the leadership for our union to continue to strive. Status of CSA union Generally, there is a sense of confidence in the CSA leadership both in regionally and nationally, but as it may be expected that there would be always a descending view of how we as leaders conduct ourselves in our interaction with our union colleagues. This is important to be noted and we must never shy away from always striving to do better by our members. My leaders do find comfort in that most of you in your various regions your work is noticed. There is a growing number of our members who are making use of the wellness programme and there has been a constant call for regular visits and activities on the department that oversees the programme. Comrades, I must say that in the type of industry we are in, taking care of ourselves is not a luxury, but rather a necessity. Let us make time to exercise, go on a jog or a run, be part of a group training if you can, use the benefits that comes with vitality etc. But just know that your greatest weapon is your mind. And therefore, you must keep it fit. 2

The close relationship and open communication between regional and national leadership is continuing to yield positive results, as when there are issues in regions many regional leaders do reach out to the NOBs for advice and assistance. This must continue and we urge that no one must die in silence. The issue of minimal utilization of regional Treasurers continue to appear in many regions as a matter of concern, and yes, I must acknowledge that there is not much work that gets to be entrusted by the National leadership in order to actively witness the Treasures at work. This can be attributed to couple of reasons, one I do think that we must appreciate that the type of union we are and the industry we are operating in is not similar to many other unions. But I want to challenge the regional Treasures to start engaging in the process of making sure that all members of the CSA that still reflect under shop agency be corrected, this can be done by working close with our Administrator. For the issue of subscriptions falls within their department. Some regions have reported that CSA/CCMA management meetings are held as and when there are issues to be discussed. Some said that due to the new normal, they have started to make use of technology in making sure that union activities such as meetings and the wellbeing of members are kept alive. We appreciate that comrades, for we all know that gone are the days of always wanting to have all your members in one boardroom in order for you as a leader to convey any message or to receive concerns from members. Let us be creative in order to strengthen our fabric of unionism. But of concern are those regions that seem to not even sharing their activities, and this has a potential to overwhelm us when finally, issues get to blow out. I am not saying that every region has problems, but I do not believe that this non reporting suggests that everything is going fine. Comrades, what make it difficult is that members would contact us to enquire if we are aware of the happenings in your regions. Disappointingly, when we call you to verify, we are told that there is nothing to worry about. I want to commend many all the regions that previously had vacancies in leadership positions, which now they have been filled by use of bilections. We thank you for your great work, we extend our gratitude to all those that have been acting in certain positions for a notable time. We welcome all the newly elected regional leaders, and we wish you nothing but the best, always remember that help is here and all we need is to communicate. 3

It must be registered that the issue of regional vacancies must not be seen is a sign of instability in regions, but to the greater part but not all. Vacancies, comes about growth in careers of our colleagues, movements from one region to another. As such, I believe that grooming leaders must be an ongoing project. Regions have reported that the growing of workload with few staff members is causing health hazards for our members, NEC delegates no one can argue differently on this. The CSA national leadership is working tirelessly with MNT to find solutions in this matter and many other issues, but we are also alive to the fact that our challenges are somehow beyond the control of the employer. Of course, there are instances wherein their priority in selecting which vacancies must be filled is called into question. But as a side note, I must say that to address this issue in the current environment such as negotiations season becomes a fragile spot. Also, comrades, I think it would be an indictment on our part if we do not address the issue of our members who have a serious challenge of lack in work ethics. Leaders of the CSA, being a union official and/or a member does not mean we are absolved from being dedicated employees. It makes our job easy to defend one of our own against the employer when we know that a member is being persecuted without merits, but it compromises us to have to be the ones that go and defend the undefendable. We urge our members to do their work with diligence, let us treat the people we serve as we would like our parents and family members to be treated. Let us serve with distinction, for the job that we do is not just an ordinary job, but one that have a direct impact to the lives of our people, our community and ultimately our nation. It is not just referrals but those are livelihoods of people. The CSA in many regions have made a call for the National Office Bearers to visit the regional offices, this has been received and duly noted. We remain committed to come to all the regional offices, while ensuring that we do not damage our union financial wellness. As it is evident, we have already been to a number of offices. There is no office that would be left behind at the end. On the development that the CCMA plan to open its doors fully to the members of the public, the CSA requested regional leaders to engage with members in order to secure the general feeling around the issue of Covid-19. The responses show no strong objection, 4

safe to say the employer must put safety measures in place to protect the health and lives of the members. The union members are currently 745 moving from the last NEC meeting on 738. The latest figures in our view do not paint the real picture for we believe that some of our members do fall within the cracks in transiting from agency shop. On 18 March 2022 during our consultative meeting with the management of the CCMA this issue was tabled, and the MNT made an undertaking to assist us in overcoming this challenge, one of the suggestions that was made is to bring to the attention of the payroll department the list of our members that we claim that they are still reflecting on the agency shop. As previously indicated, this can be done when we all work together as regional Treasures and the Administrator in the office of the GS. The office of the General Secretary and General Treasurer visited the firm of Auditors that handles the CSA matters in Centurion and the Department of Employment and Labour in Pretoria on 24 February 2022 in an effort to have the Compliance of the CSA with legal requirements, we were served with a soft copy of the union under registration number LR2/6/2/575. The union needs to file in its audited financial statements for 2018, 2019, 2020. On this issue the Treasurer will provide a detailed report. We were also informed that we need to submit the outstanding membership list since the last one was filed in 2017, this means that 2018, 2019, 2020 are not in the Department’s records. The official from DEL indicated that is was a statutory duty to report to the Department the names of the National Office Bearers every year and again this was last done in 2017. From the records in the Department of Employment and Labour our subscriptions started from R30.00 in 1997 and was increased to R100 in 2012. I think from this we call all appreciated that our subs have been stagnant form sometime while our financial obligations have been constantly increasing. The speech of the President have also touch on this issue in details. We are happy to report to you NEC delegates that the process for compliance has already started and the GS together with our Administrator are working close with the Department’s 5

officials to complete this process. We will provide updates, and specific time frames might not be stated since there is third parties involved. Effectiveness of CSA/MNT Consultative forum The CSA national leadership has expressed its displeasure to the non-functioning consultative forum. Comrades this forum was meant to discuss issues that are of concern between the parties, which are not purely for negotiations. The forum was created to accommodate issues of national concerns including but not limited to discipline, information sharing on direction which the CCMA intents to take, changing in strategies. But after taking office last year we started to notice the trend of meetings that were scheduled between the CSA and CCMA being cancelled unilaterally by the former. These cancellations have led to many of the complaints/concerns of member in regions not being addressed timeously. Resultantly, in December we resolved to file the grievance against the Employee Relations Manager (Steven Booysen) and demanded his removal from that office. The first meeting that took place in February 2022 remained unresolved. In January 2022, the NOBs took a decision to petition the office of the director in order to address the following issues: Leave: There has been a growing number of complaints from our members related to the being required to attend to work related issues while they are on approved or statutory leaves. Such instruction (to attend to work issue) get give without due regard to their family responsibilities and circumstances at the time; and the tone used is often threatening and “non-caring”. This leads to a deep loss of morale and a feeling that the Employer does not care about them as persons. The conduct by management gives that the management does not live up to the CCMA Value of Respect. Consultation and Meaningful Engagement: It is the feeling of the CSA NOBs that the Management Team and (in some instances Management in general) that does not take the CSA serious and/or regard it an important in maintaining labour peace within the CCMA. This issue had been on a number of occasions in various fora where the CSA and CCMA Management engage each, to the extent that it now feels like a song the CSA sings to the deaf. There has not been meaningful engagement between the CCMA and the CSA on a 6

number of issues in the recent past. Furthermore, there are issues that the Employer could and/or ought to consult the CSA leadership about, but such consultation gets to be totally disregarded Ineffective Employee Relations Management: The CSA Leadership has noticed that the CCMA is currently not handling issues of Employee relations truly in the spirit of the historic relationship between the CCMA and the CSA; and the spirit of the LRA. This frustrates the CSA terribly since the union seeks to truly apply itself to ensure labour peace at the CCMA. However, the Management on the other hand does not replicate the same eagerness, instead it seems inclined to pull in the opposite direction. Subsequently, the Director of the CCMA held a meeting with the CSA leadership and made an undertaking to correct the concerns raised. We are happy to report that the change is starting to be felt. Disciplinary processes/Disputes and litigations There are couple of disciplinary hearings, conciliations and arbitrations that are ongoing in some regions, but due to the sensitive nature of these matters, we do not believe that it would be proper to state the names of our members concerned. On this note we must acknowledge and express our appreciation to all our officials representing the CSA members. The NEC would be invited to give their views on what must be done should these matters attract litigations. CSA V CCMA INTERPRETERS SETTLEMENT AGREEMENT LABOUR COURT CASE NO: J 1294/21 In June 2015 the CSA engaged with the CCMA on the employment status of some its members who were interpreters at the CCMA. The CSA believed these interpreters were employees of the CCMA as defined in s200A of the LRA, and consequently, due to the operation of s198B of the LRA, they had become permanent employees. The CCMA held the view that the interpreters were independent contractors. 7

The CSA referred a dispute under s198D(1) against the CCMA which was unable to be resolved and a certificate of non-resolution was issued to that effect. The matter proceeded to arbitration where an award was handed down in favour of the CCMA. The CSA took the matter on review in the Labour Court where it came before Patel AJ, who upheld the review. The CCMA then appealed the ex-tempore judgment of Patel AJ in the matter in the Labour Appeal Court where it was successful. The judgment from the Labour Appeal Court is dated 16 October 2019. The CSA then launched an Application for Leave to Appeal and an Appeal in the Constitutional Court under case number CCT 309 / 19 which the CCMA opposed. Whilst awaiting directions from the Chief Justice the parties engaged in negotiations to settle the matter. This resulted in the settlement agreement that is the subject matter of the litigation in the Main Application. The CCMA itself drafted the Settlement Agreement and handed it to a representative of the CCMA to sign. The CSA General Secretary signed the agreement with the President signing as witness on the 30 January 2020. On 11 February 2020 the attorneys for both the CSA and the CCMA received an email from the Constitutional Court with an order handed down by the court. The order is dated 5 February 2020 and states that the matter is dismissed being moot. On 25 February 2020 a meeting of the CSA and CCMA was held where the settlement was agreement was discussed. The CCMA took no issue with the contents of the agreement and indicated that it would be forwarded to the Director of the CCMA for their signature upon receipt of the list of the interpreters on behalf of whom CSA had brought the matter. On 19 June 2020 a further meeting of the CSA and CCMA was held where the settlement was agreement was discussed. The CCMA again took no issue with the contents of the agreement and indicated that they were awaiting the list of the interpreters on behalf of whom CSA had brought the matter. 8

On 19 October 2020, the CCMA for the first time informed the CSA that they were not going to comply with the Settlement Agreement because it had not been signed by the CCMA Director. Consequent on the Respondent’s continuing failure and/or refusal to sign and comply with the Settlement Agreement (the Agreement) dated and signed by the Applicant on the 30 January 2020 (i.e. for a period nigh on 1 year and 10 months), it became necessary for the Applicant’s to prepare, serve and file the Application to have the Settlement Agreement made an Order of this Court (the Main Application) on the 19 October 2021. The Respondent’s Opposing Affidavit (absent the key Confirmatory Affidavit of Steven Booysen), was served and filed on the 3 November 2020. The Applicant’s Replying Affidavit was served and filed on the 8 November 2021. The Respondent served and filed a Confirmatory Affidavit to the Opposing Affidavit attested to by Steven Booysen on 8 November 2021. No Application for Condonation of the late service and filing of the confirmatory affidavit was served to together with that affidavit. The 8 November 2021 is the same date on which the Respondent was given Notice of its Opposition to the late service and filing of Booysen’s Confirmatory Affidavit as an Irregular Proceeding in the absence of a Condonation Application. The Application for Condonation for the late service and filing of Steven Booysen’s Confirmatory Affidavit to the Affidavit in Support of the Opposing Affidavit was made on the 1 March 2022, some 4 months (114 ordinary days or 80 Court days) after the Confirmatory Affidavit was served and filed on the 8 November 2021. This dispute and the various proceedings in relation thereto has, accordingly been alive since June 2016. A letter sent via email and delivered by hand to the Registrar of the Labour Court on the 13 December 2021 and in person by Ruth Edmonds (on the 1 February 2022) to have the Main Application set down for argument. The Registrar advised that a Directive would be issued by the Labour Court to file Heads of Argument before the matter could be set down. Such Directive has yet to be received. 9

On the 28 February 2022 the CCMA, through newly appointed attorneys, swerved an file a Condonation Application for the late service and filing of Booysen’s confirmatory affidavit. A Notice of Opposition to the Condonation Application and Application to set it aside as an irregular proceeding and supporting affidavit was served and filed on the 10 March 2022. The CCMA has until 17 March 2022 and the 25 March 2022 to serve and file a Replying and Opposing Affidavit in the matters. Should the CCMA fail to file any further documents, the Index to the Application will be added to and finalised and Heads of Argument prepared, served and filed without waiting any further for the Registrar’s Directive. CCMA V CSA/O NTSIME – REVIEW – LABOUR COURT CASE NUMBER JR 2324/21 The CCMA served and filed a Review Application on or about 16 November 2021. The CCMA filed a Notice that it had filed the record of proceedings at the Labour Court on the 2 December 2001. As instructed, these offices served and filed a Notice of Appointment as Attorneys of Record and Notice of Opposition, on the 10 December 2021. The CCMA has yet to served and file the written record. Upon receipt of this, an Opposing Affidavit will be prepared, served and filed. The CCMA is being placed on terms to serve and file the written record. CCMA V CSA/F ADAMS – REVIEW – LABOUR COURT CASE NUMBER JR 372/22 The CCMA served and filed a Review Application on the 28 February 2022. It has yet to give notice that the record of proceedings has been filed at the Labour Court. As instructed a Notice of Appointment as Attorneys of Record and of Opposition was served and filed by these offices on the 10 March 2022. On the last two matters I want to report to you that the office of the GS has engage the office of the Director in an attempt to resolve them. The work is underway in the background and we continue to engage on them, I am due to meet again with the Senior manager in the office of the Director on 31 March 2022 at 18:30. Call Centre Labour Court Case 10

After the appointment of the legal firm there has been glitches in the progress of the case, one was due to the Advocate that was appointed by the law firm who seemed to be too busy to direction the attention to our case. We have written to the firm in order to register the CSA concerns on a snail pace regarding the case. The law firm has indicated that it remains committed to work on our matter and has since briefed another Advocate, I have again written to the firm recently and on Monday we received a response that the attorney who deals with the case had been out of office owing to an urgent commitment and we were promised to be favoured with a detailed update before the end of that day. The office of the GS is working closely with the Task Team and the need arise to review the decision taken on the appointment of the law firm be necessary, such would be explored. Visibility strategy Website of the CSA The website has been deployed on the domain “the-csa.org.za” Key words to finding the website: commission staff association and CSA union on any browser. The site currently responds well on normal and large screen. Once the domain issues are sorted with Online Direct. The website will be removed and put on the rightful domain that you use for your emails i.e., commissionstaffassociation.org.za Way forward, the plan is to have the CSA use one domain which is “commission staff association.org.za that will sit on the Afrihost server and have unlimited email accounts example:[email protected];[email protected] ;[email protected];[email protected]; The above will be done at no additional cost to your monthly subscription. Birthday’s initiative Since we started with initiative there has been a growing number of open communications with the general members, and there is a great sense of belonging and appreciation on the part of the CSA as a union that is caring and appreciative of its members. There are still 11

some challenges as per the data we are drawing from, in some instances we have noticed that the CCMA internal communications make some errors that to some extent cause a great concern. For example, we have seen the CCMA flighting the names of our colleagues that since passed away and this is concerning more so to those that were close to the deceased. Funeral vouchers and Wreaths Since we started the initiative of delivering the wreaths when the unfortunate has happened to one of our own, we have realised the need that sometimes as much as the wreath comes as a good gesture, but there sometimes seem to be a greater need for other things such a food and other necessities. It was then agreed to say the CSA would be issuing the food vouchers to its fallen comrades. Membership database The office of the General Secretary has engaged in the clean up process of its membership, maybe it is important that I give a background on how the process of getting a member to be on our database. When a new employee is appointed by the Commission on a full-time basis, the CSA officials in the region would approach the former in an attempt to recruit the newly appointed employee. Once the form is filled and completed, the regional REC members would forward the same to the Administrator in the office of the General Secretary, then our Administrator send the same form to the CCMA payroll department to effect the deduction. This is critically important, since if the Employee is not the member of the CSA, he/she would be reflecting under the agency shop. This comrades in leadership have a serious negative impact to the benefits that the CSA would like to continue seeing its members enjoying. Let me make an example, you would have a scenario wherein a member completes the required form to be associated with the CSA. But somehow, the process gets to be inaccurately captured. I say this since, the clean up process have begun. We have noted that some of members who confidently believe that they are the CSA members in good standing, they get to learn with great shock in times of need that in fact the CSA cannot assist or deliver to the promised benefits since his/her name appears under agency shop, these disadvantages include but not limited to CSA branded t-shirts, 12

representations, funeral vouchers, and wreaths. Therefore, it is my plea comrades that in regions that we lead you really make efforts in ensuring that our data integrity is clean in order not to rob our members their rightfully deserved benefits. T-shirts of the CSA It is encouraging to report that the roll out of the t-shirts. I must say that this project had a good reception from many our members, we are continuously at work in improving the image of the CSA. Having said that, there is still a confusion to some of our leaders in regions when it comes to who must benefit on the t-shirts. I have engaged with members in few regions wherein in our members that are employed as Senior Case Management Officers and Team Leaders are complaining that they have been denied the CSA merchandise, these are our members if they have their subscriptions deducted. Certificates of the elected The project is still underway, we have tried to do it on our own working with the Administrator, but the product was not satisfactory, and we do not want to do something just for the sake of doing. Therefore, during the office visit in February 2022, we resolved to outsource this project to the competent entity. We will provide update on this one as soon as we have wrap it up. 25 years anniversary of the CSA existence The CSA has started the plans for the upcoming celebration of our 25 years of existence and we will continue to communicate with regions as the event drawing closer. The National Officer Bearers will not object to any suggestions on how best we can celebrate this milestone. I do thank you 13

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