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SAPU newsletter april / may 2013
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0607101122
SoNa stance on crime applauded
SAPU presentation on budget 2013
Policing in difficult times
Brutal Cops: SAPU supports action
Abuse of power in DCS
SAPUN
EW
SLE
TT
ER
S O U T H A F R I C A N P O L I C I N G U N I O N
together we will make a difference
APRIL / MAY 2013
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The South African Policing Union (SAPU) Newsletter is published
quarterly.
The views and opinions expressed in the articles are those of
the authors and do not necessarily represent those of SAPU.
Acceptance and publication of advertorial and advertising matter
in the SAPU Newsletter does not constitute SAPU endorsement or
warranty in respect of goods or services therein described.
SAPU does not assume any liability in respect of any claims made
in advertisements.
PUBLISHER: Lebo Zulu Creatives on behalf of SAPU.Cell: 083 248
1216Email: [email protected]
EDITOR: Thabo Matsose
BOARD MEMBERS: Oscar Skommere, Richard Mboweni & Barries
Barnard
STREET & POSTAL ADDRESS:85 Rauch Avenue Private Bag X900,
Georgeville Pretoria, Pretoria 0001
CONTACT:Tel: 0861-92-SAPU (7278)Fax: 012-804-3017Email:
[email protected]
Read your newsletter online:www.sapu.org.za
CONTRIBUTIONS: Although all possible care is taken with
articles, the editorial staff cannot take any responsibility for
lost articles and photographs.
COPYRIGHT: No article or picture in this publication may be
reproduced without the written consent of the editor.
EDITORIAL ASSISTANCE:Elijah Chiwota
LAYOUT, DESIGN AND PRINTING:Purebrown Design & Lebone Litho
Printers
Tog
EThER
WE C
AN m
AkE A D
iffEREN
CE
SAPU
NEW
SLET
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CoNTENTS
This issue: features:SAPU
SAPU would also like to send its heartfelt condolences to the
family of the deceased
11
SAPU would like to join the broader family in saluting thousands
of dedicated and committed men and women in blue during this
occasion of the National Police Day.
05
We celebrated the National Police day at Philippi training
college.
22
Like her predecessors Jackie Selebi and Bheki Cele, Phiyega also
has no previous policing experience.
10
The Island attracted full houses at the Barney Simon Theatre at
the Market Theatre in Newtown
25
05 CURRENT AFFAIRSSafety and security for allSoNa Stance on
crime applaudedSAPU on budget 2013Policing in difficult timesBrutal
Cops: SAPU supports actionNews Briefs
13 LETTERS Appreciating SAPUDaniels takes you seriouslyViva
comrade SibiyaNo Steven Seagals
15 NOTICE BOARD Feeedback from SSSBCPSCBC council meetingGeneral
feedbackKnow your brandRevised salary structure
19 UNION MATTERS Adopt a childWhen duty callsAbuse of power in
DCSPlan ahead for leavememorable dayAluta continua on equity
24 ARTS & HEALTHHealthy eating and fitnessThe Island:
Another vintage performance
26 AFRICA & WORLD State of the trade unions in ZambiaBook
Review
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SAPU newsletter april / may 2013
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EDiToRiAL
I welcome you all to enjoy reading this edition of the SAPU
newsletter. As you will notice that we have moved away from our old
name Union Post. We hope that this name change will bring with it
some improvements to our mouthpiece.
It looks like a bad cop season. Following the
Marikana episode which ended in a bloody mess in which 34
striking mine workers were killed and scores injured in August last
year, came the Daveyton incident in which a taxi driver, Mido
Macia, was dragged behind a moving police van and later found dead
in a police cell.
Is there an end to this? South African Policing Union (SAPU)
president Mpho Kwinika thinks so. He mentions that President Jacob
Zuma struck all the good notes when he talked about how to end
crime during the State of the Nation Address. But for this to
happen we must go back to basics such as the police manual, and
also uphold our responsibility to protect the human rights of South
Africans.
Violent practices that are common in the police force can be
located in policing practices that were used during the autocratic
apartheid state and are not suitable in democracy.
A report, The smoke that calls; Insurgent citizenship,
collective violence and the struggle for a place in the new South
Africa by Karl Von Holdt and others is an important document to
read for the police force as it analyses how community and
xenophobic attacks take place. This pattern or repertoire has roots
in the
apartheid past, which has unfortunately continued into almost
two two decades, after the democratic breakthrough in 1994. The
report in a sense point out at places to look if the police were to
stop violent community protest and xenophobic attacks.
Away from the gloom and doom, SAPU celebrated the National
Police Day in all the provinces and the members, dressed in
colourful traditional outfits, had a day full of fanfare, with many
signing up for SAPU of course.
SAPU members continue to applaud the work of the union
especially its consistent stance of defending the workers’ rights
of the men and women in blue from unfair suspensions and
dismissals. The success rate at arbitration is something to be
proud of.
As usual we continue to call on more members to join us so that
they can benefit from our valuable membership and be in a union
that will stand for them come hail, come thunder.
An effective police force is one that is healthy and fit. The
saying that we are what we eat then becomes more important as
explained by Mbali Molefe.
Thabo Matsose, Editor
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SAPU newsletter april / may 2013
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Current affairsSAfETy AND SECURiTy foR ALL
Let’s not despair from doing our work even when under severe
criticism from the public, writes Mpho Kwinika.Hello
colleagues!
The South African Policing Union (SAPU) would like to join the
broader family in saluting thousands of dedicated and committed men
and women in blue during this occasion of the National Police Day.
SAPU is happy that your job as described by the constitution is to
ensure safety and security to all inhabitants without fear or
favour hence so much criticism is leveled against you. You need not
despair though as this is part of accounting for your actions in a
democratic state.
However, not to down play the public criticism, our conduct
should be beyond reproach.
This means we must remove all the elements of doubts by the
public by acting responsibly and not involving ourselves in
corruption. Instead we should provide efficient and professional
services to our people.
SAPU is also saddened by the spate of merciless and barbaric
killing of our brothers and sisters in and out of line of duties.
Therefore, we are working tirelessly to ensure that these kinds of
actions receive constant attention from the highest authority.
We also invite South African Police Service (SAPS) management to
join us in making the service professional. We don’t need NBES but
NOBS Management who believe and invest in human capital. The
services can only be professional if those who are managing it are
professionals as well. Let us lead from the front and set good
examples of leadership. If anyone amongst us transgresses the
rules, punishment meted out should be the same regardless of
rank.
We as SAPU wishes you well during this celebration.
Mpho Kwinika is the president of the South African Policing
Union (SAPU). This statement comes from the speech he made during
National Police Day celebrations.
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It was a touching moment when President Jacob Zuma mentioned the
rape and murder of Anene Booysen in the Overberg town of Bredasdorp
in the Western Cape says Mpho Kwinika, the president of the South
African Policing Union (SAPU) in an interview with Elijah
Chiwota.
In the State of the Nation (SoNA) address the country president
urged South Africans to stand together and condemn the brutality
that women and children were facing in the country every day - an
overture that was welcomed by SAPU.
‘It was crucial for South Africans to feel safe and in this
respect the police had an obligation under the Constitution to
protect lives and property. This meant that contact crime had to be
reduced regardless of where it was happening. The police must also
work hard to eliminate murder and rape and other contact crimes
that resulted in injury such as cash-in-transit heists’, says
Kwinika.
Gender based violenceThe president’s comments on gender based
violence were also well received but SAPU expected some
changes.
‘From a policing perspective, I can say that gender based
violence increased when the family violence and sexual offences
unit was disbanded in 2006. SAPU is worried by the way the units
were closed as no research informed the decisions’, adds
Kwinika.
While police reform is important, oversight should have been
exercised before the closure. Other units that suffered the same
fate included the murder and robbery unit that dealt with these
serious contact crimes.
‘When you close such units you are putting lives at stake. There
is a need for such special units to be used in deterring murderers
and other criminals’, remarks Kwinika.
There was also need for internal controls in the vehicle
identification system where most of the corruption in the police
force was happening. Corruption inhibited institutional objectivity
and therefore the Special Investigative Unit, the National
Prosecution Authority and the Asset Forfeiture unit still had a lot
of work to do.
On domestic violence, Kwinika said it was a difficult area of
policing as most of the crimes were committed in homes.
Unfortunately, the Domestic Violence Act is not doing enough to
curb such crimes and it must be investigated why that is the
case.
‘Domestic violence is sometimes not reported by communities
especially in rural areas. In such cases there was little that the
police could do as they only investigated reported crimes,’ added
Kwinika.
Human trafficking of women and children was a serious concern
and other crime generators such as illegal firearms, liquor and
drugs should always receive attention.
However, increased visibility of the police has reduced crime
levels he says. With more resources to reduce contact crimes the
police could do more. These resources included more money,
vehicles, proactive and reactive units and crime intelligence
investigations.
Experience was also necessary for some police duties. For
example, detective work can be done better by those with more than
five years experience if one expected to get positive results.
Policing in a democracyPolicing in a democracy was not an easy
task as officers were accountable to the public. Maybe there was a
need to go back to the human rights courses that the police
received earlier on. The police force must also read the police
manual and make efforts to implement what it says.
It was crucial for police officers to know what the Constitution
says about respecting the rights of others. Therefore, police
violence cannot be condoned and society should find solutions to
this problem.
The values that SAPU stood for were integrity, obedience to law,
respecting diversity, excellence, and public approval. Gaining
public confidence was important to policing.
SoNA STANCE oN CRimE APPLAUDED
Mpho Kwinika is SAPU President.
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SAPU PRESENTATioN oN BUDgET 2013
The South African Policing Union President Mpho Kwinika raised a
number of critical issues on policing when he addressed the
portfolio committee on policing on 26 March 2013.
IntroductionThe honourable portfolio committee chairperson,
honourable portfolio members, the media, distinguished guests,
ladies and gentlemen; the South African Policing Union (SAPU) would
like to thank the committee once again for inviting our
organisation to make a submission on the 25th budget vote.
Greetings from the 80 000 members of SAPU and I wish you well in
your oversight responsibilities.
This is a difficult and rough period for the South African
Police Service (SAPS) as public opinion on the organisation
plummets to its lowest ebb mainly because of challenges it faces
from police brutality.
Therefore there is need to for this committee to provide
leadership and oversight because without the cooperation of the
community police cannot fight crime.
The Andries Tatane episode, the Marikana Tragedy and now the
Mido Macia incident have changed our policing landscape and
community police relations.The media has exposed the serious
weaknesses in our policing approach in a democracy especially the
failure to protect civil liberties during violent public
protests.
Additionally, social problems such as housing, unemployment and
dissatisfaction with service delivery have ended up being a
policing issue. However, this is not to say that police officers
have no role but perhaps that the policing approach and philosophy
should be that of preserving life. A militarised police
organisation is not compatible with policing in a democracy.
National Development PlanSAPU welcomes the National Development
Plan (NDP) as a guiding document for the vision of country and this
gives meaning to our Constitution in as far as it promotes the
safety and security of all citizens of our country. SAPU’s view is
that the NDP requires police to be professionalised and not
militarised. This requires a U-turn and a paradigm shift in the
recruitment process, working conditions of police officers,
addressing issues of salaries, training and development as well as
going back to the community policing approach.
It also requires police officers to be adequately equipped with
both lethal and less lethal weapons and be provided with specific
gear to use in appropriate circumstances. SAPU welcomes the NDP for
seeking to build a safer society by increasing community
participation.
We cannot go back to Apartheid style policing in which the state
is pitted against its own people and must also stop the practice by
senior commanders of forcing young and junior officers to open fire
on violent demonstrators. Many police officers are suffering
serious post traumatic stress disorder as well as related
psychological problems resulting in suicides after being forced to
take such actions. The problem of suicides is the best kept secret
in the SAPS because of the high numbers.
This policing approach has undoubtedly impacted negatively on
community participation in policing. Our interaction with the
Community Policing Forum (CPF) tells us that these democratic
institutions have been rendered dysfunctional and impotent by this
policing approach.
Honourable members, I am a professional police officer who has
served for 25 years. I never in my wildest dreams thought that I
will again experience the level of police brutality in a democracy
similar to what l witnessed during the dark days of Apartheid. The
recent incident involving a Mozambique national being dragged at
the back of a police van during day light, and in front of cheering
community members is not only disheartening but reflects the
sickness that still exists in our policing environment.
Honourable chair, some of the worst atrocities do not take place
in the glare of the media or community members but within our
militarised environment. SAPU joins all like-minded in condemning
these atrocities and calling for not only those involved but senior
commanders as well to be held accountable for such behaviour.
We also welcome the NDP’s recommendation regarding the fight
against corruption. Corruption needs to be fought because the
failure to defeat it will have major consequences for our
democracy. In order to achieve that we need to create a police
service that respects the policing profession. This means that we
also need to create an independent unit that addresses police
corruption from within.
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The question that most people ask is whether it is worth
reporting a minor crime because investigators are overwhelmed with
work. It is impossible for an investigator to solve 150 to 200
dockets a month.
SAPU does not believe that it is strategic for police officers
to be fast tracked to become investigators. There is a need to
create capacity of uniformed members to investigate minor crimes.It
is disheartening when we hear and see cases being withdrawn or
thrown out of court or dockets closed because of lack of evidence
and because the detective did not have enough time to properly
investigate the cases. It defeats access to justice.The year
2012/13 was declared the year of the Detective Services yet the
budget does not reflect this position. Human capacity was to be
prioritised and this has not been done.
The Detective Services is the heartbeat and engine of policing
in South Africa and all dockets end up in this programme.
Challenges of understaffing are severely impacting on policing.The
work load that detectives generally have is too much no wonder
detectives concentrate on priority crimes.
Crimes that are less serious are not investigated and this often
results in community members not reporting less serious crimes.
The problem of vigilantism and increase of private security
indicates low confidence in public policing.
Specialised InvestigationsIs the Special Investigations
subcomponent referred to in this budget report the Directorate of
Priority Crimes Investigations (DPCI)? It is not clear whether
DCPCI is part of the SAPS.
There are 2 802 Detectives tasked with the investigation of
serious and organised crimes in the country. This is very thin
given the complex nature of organised crime in our country.The
biggest challenge is how to get public confidence on the police
services and stop extra judicial practices.
Forensic Science LaboratoryThere are 1 476 personnel in our
Science Laboratories who have to deal with millions of forensic
specimen. As a result some of the specimen is rotting because of
lack of capacity. Even for specimen of rape victims, it can take up
to two or more years before DNA evidence is made available.
Forensic laboratory requires urgent intervention to ensure that
investigations are completed quicker.
We need to restore the integrity and credibility of the police
service if our attempt to fight corruption in society is to be
effective. Every year we have raised this issue as a major fault
line in the delivery of policing services especially to
underprivileged communities. We have called for the introduction of
an Anti-Corruption Unit within the SAPS to intensify the fight
against corruption. We remain convinced that a specialised
adequately resourced Anti-Corruption Unit will have more successes
in dealing with the problem of police corruption.
InfrastructureSAPU welcomes the budget of R796.6 million for
2012/13 which is expected to increase to R1.1 billion over the
medium term as it is difficult for professional policing to take
place with current infrastructure. Many of our police stations are
in a very bad state and lack basics such as toilets.
The state of infrastructure was best captured by South African
Broadcasting Corporation’s Special Assignment television programme
which focused on the Eastern Cape Province where police officers
were shown relieving themselves in the bush. If this committee and
government are not embarrassed by this, then nothing will embarrass
them.
Some police stations have no floors or the floor has pot holes.
Ceilings have been vandalised and are falling apart. There are no
windows, gutters and some buildings look like they have never been
painted since they were built. It’s a shame and we all need to be
embarrassed by this.
Visible policingOur view is that given the state of our policing
more investment is required particularly in the Visible Policing
Programme which is a critical component given that it is also the
face of the police service. The complaints against the police are
often from this component because of the interaction it has with
the community.
Detective servicesBudget must also prioritise detective units
which are important in ensuring that suspected criminals are
investigated, arrested and evidence gathered and presented in
court. Our detectives are a window to many victims of crime to
achieving access to justice.
The crime problem is overwhelming for the understaffed Detective
Unit and that impact on the quality of investigations. As a result,
major crimes are prioritised and lesser crimes ignored.
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SAPU newsletter april / may 2013
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tirelessly and securing this event. Indeed Africa and the world
were focused on us and we did not disappoint.
POLMEDThe last issue that we wish to raise is with regards to
POLMED. We raised this issue last year with this committee and we
did not receive any support. As a result our organisation has taken
a decision to get the issue resolved by the courts. POLMED has
become a nightmare for the majority of police officers and we do
not think that it is serving the interest of our members. The
tipping point was an increase by 200% of the CEO package while the
scheme is on the red. We have requested for information to support
this expenditure without any success.
POLMED is a monopoly that does not serve the interests of police
officers and fails to provide quality services. So SAPU will also
be challenging this in terms of the Competition and Consumer
Acts.
We think other medical aid schemes must be allowed to compete so
that members can benefit from the competition and we are confident
that when this issue gets to the courts our position will be
vindicated.
SAPU is grateful for the support it continues to receive from
this committee but more support is needed. We encourage committee
members to continue visiting police stations, not only in urban but
remote areas as well so as to get first hand experience.
We are confident that you will be able to verify all the issues
that we have raised. Police reflect the government power view that
we have a police force in crisis.
However, we are encouraged by the energy of the honourable
members of this committee and we wish you well in your oversight
responsibilities of the Police Department.
Crime intelligenceThere is a need to highlight the plight of
Crime Intelligence, a very critical component in the fight against
crime, because it has been neglected by police management. Our
crime fighting ability is handicapped by lack of investment and
capacity building in this unit.
Our concern is that the personnel in this unit lack the kind of
support required. For instance, Crime Intelligence is not allocated
any training in the budget. The last time there was an allocation
was in 2009/10 when only R3 000 was allocated. We wonder what kind
of training this was that was conducted for R3 000.
Ignoring Crime Intelligence is a grave mistake and this
committee must not allow this to happen.
There are 9 206 personnel in the police services of which 3 324
are personnel responsible for intelligence operations and 5 882 are
responsible for intelligence and information management. We would
like to encourage this committee to look into creating a budget
that will increase capacity in the Detective Services as well as
Crime Intelligence.
South Africa being the gateway to Africa, and given the problem
of drugs caused by the country becoming a haven for drug syndicates
and drug lords, crime intelligence becomes critical in infiltrating
the syndicates and dealing with organised criminals. We need our
crime intelligence to be on top of the crime situation and have the
capacity to infiltrate these syndicates wherever there are within
our borders.
Protection and security servicesWe are happy with the budget and
the personnel of 6 315 in this programme. We think that looking
after dignitaries is very important as the failure to do so may
plunge our country into chaos.
However, our concern is mainly with regards to the purported
merger of this unit to the Intelligence Unit. The Intelligence is
tasked with the important task of fighting crime and not driving
around dignitaries. Intelligence fights crime using very obscure
and overt methods and we think that merging them with the
Protection and Security Services will in fact weaken their capacity
to fulfil their mandate. It’s a bad and uninformed idea.Let me
conclude on a much more positive note. Once again our men and women
in blue demonstrated to the world that with resources and support
they can deliver quality policing to our people and the world. We
want to congratulate our police officers for their sterling work
during the African Cup of Nations early this year. We applaud our
police officers for working
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SAPU newsletter april / may 2013
10
PoLiCiNg iN DiffiCULT TimES
From the time of her appointment, it was like walking on hot
coals: it’s either you gather courage and resilience or your feet
get burnt.
The Marikana incident made world headlines with Phiyega at the
centre. The on-going Marikana commission of inquiry has kept
Phiyega under the spotlight several months after the incident and
her appearance before the commision has not been a walk in the
park.
Amidst the Marikana commission of inquiry came two incidents of
police brutality that caused a media frenzy. In one incident taxi
driver and Mozambican national, Mido Macia, was punched, kicked,
handcuffed and dragged by a moving police van, ending up dead in
the hands of the Daveyton police in Johannesburg.
Obviously this added to Phiyega’s headaches as head of the
police force and her subsequent suspension of the officers involved
who are now facing murder charges in the courts.
However, the problems of the force are not of Phiyega’s creation
as the police commissioner’s position has been riddled with
controversy long before her. Thus she never stood a chance of
winning over her current critics who never gave her an opportunity
to even present her plan for reducing South Africa’s high crime
rate and rampant corruption within the police, as well as restoring
the force’s high morale.
For her it has been putting out one fire after the other. Who is
Phiyega? What does she stand for? Is she capable of doing her job
well?
Almost a year into her appointment I doubt if any of us knows or
has answers.
How she will survive the storm in the scandal-magnate that is
the SAPS only time will tell. As a South African woman, I believe
that this nation knows that things are not always what they appear
to be on the surface and that there are probably better things to
come, and in Phiyega’s case I take comfort that there is no
situation that is totally hopeless.
Beaular Amanda Ntuli is a freelance writer.
When President Jacob Zuma announced Mangwashi Victoria Phiyega
as South African Police Service national commissioner the storms
were brewing on the horizon of the Rustenburg platinum belt, and
before the ugly spectre of the Marikana Massacre had barely faded
from public memory comes in the Daveyton incident in an endless sad
story of South African policing writes Beaular Amanda Ntuli.
‘The 21st century woman embodies the hopes of her nation, knows
the history of her people, exposes injustices and comforts the poor
and the unemployed’, said Riah Phiyega as she is affectionately
known to many, South Africa’s female police commissioner in one of
the first interviews she gave. Her appointment in June 2012 came as
a pleasant surprise to many South Africans who welcomed yet another
woman to an influential position not only at the helm of a
male-dominated force but to a senior government position. Was she
going to be another Nkosazana Dlamini-Zuma, or just another token
appointment whose inexperience would affect the morale of the
police force? Like her predecessors Jackie Selebi and Bheki Cele,
Phiyega also has no policing experience. Selebi and Cele’s terms
were marred by corruption and scandals, and Phiyega knows that she
is in a very difficult position and has to prove her mettle. The
fact that hardly two months into the job there was the infamous
‘Marikana massacre’ when some questioned her fitness to hold the
police commissioner’s office. This did not help her public
image.
Marikana Massacre had barely faded from public memory and in
comes the Daveyton incident in an endless sad story of South
African policing
National Police Commissioner, Riah Phiyega
GC
IS
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SAPU newsletter april / may 2013
11
BRUTAL CoPS: SAPU SUPPoRTS ACTioN
The South African Policing Union (SAPU) would like to express
its total support to national commissioner General Riah Phiyega for
acting swiftly against the police officers who are alleged to have
brutally assaulted a taxi driver, Joseph Mido Macia, aged 27, who
eventually died in police custody.
Those members don’t just deserve suspension they will have to
face the music both in the department and as criminals. We fall
short of words to express our dismay, shock and anger at the video
footage. This kind of brutality has no room whatsoever in the South
African Police Service (SAPS). We commend General Phiyega for this
kind of leadership.
The good image of the police is tarnished by ruthless elements
like these. It must be noted that any kind of jungle justice has no
room in our modern society. We have to root it out wherever it is
found.
SAPU also calls upon the Independent Police Investigative
Directorate to leave no stone unturned when probing this case. We
are also calling for a speedy and transparent probe.
We cannot afford to have embarrassing incidents like these. They
cost the police dearly and force us to work hard to earn the
respect and confidence of the communities we serve. SAPU would also
like to send its heartfelt condolences to the family of the
deceased. We also call upon members of the community not to turn
their backs on the police. We acknowledge the fact that there are
few rotten elements who believe that because they are in the police
force they are a law unto themselves.
Oscar Skommere (pictured above) is the general secretary of
SAPU.
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SAPU newsletter april / may 2013
12
NEWS BRiEfS
ShoCkED By CoP ShooTiNg DEAD TRAffiC CoP
The South African Policing Union (SAPU) has learnt with shock
and sadness the unfortunate incident where it’s alleged that a
drunken police officer shot dead an Ekurhuleni Metro police officer
Popi Simphiwe Maseko on 10 February 2013.
Although the circumstances around this incident are still a
subject of an investigation, we can state it categorically clear
that both officers are victims in this tragic event. The metro
officer was performing her duties as expected of her and we salute
her for that. There are many traffic officers who lose their lives
on the road because of many violent road users they encounter on a
daily basis.
Without pointing any finger to anyone or making a judgement
before an official investigation is concluded, SAPU would like to
put it on record that most police officers turn to violence to deal
with work-related depression. That is why even incidents of suicide
are on the increase in the SAPS. We want to call upon the SAPS
management to beef up the social, psychological and spiritual
services within the police.
The emotional stress that members are working under makes them
soft targets of brutal re-action. SAPU would also like to state
that we do not by any means condone the alleged action by the
concerned detective.
We would also like to send our heartfelt condolences to the
family of Ms. Maseko. Our prayers are with them during this darkest
hour.
SALUTiNg SANDf mEmBERS Who DiED iN CAR
The South African Policing Union (SAPU) as part of the South
African population including the progressive and democratic civil
society joins the country in paying tribute to the fallen South
African National Defence Force (SANDF) members who died in the
Central African Republic during a fierce battle with the rebels in
that country.
SAPU as a police union fully understands the pain that the
families, and the SANDF as an institution, are going through now.
We understand the trauma as even members of the South African
Police Service (SAPS) have been deployed in foreign countries
before. We would like to send our heartfelt condolences to the
families of the deceased and the army in general.
Those 13 members died with their boots on. They died during the
course of duty. They were on national call because South Africa, as
part of the African continent, is duty bound to assist when the
call arises. Those patriotic sons and daughters of our country died
trying to make Africa a peaceful continent. It is unfortunate that
they went there as peacemakers not soldiers of war. The fact that
they were ill-equipped must be a wake up call for authorities as it
is clear that a deployment in a warzone must be treated as
such.
NEW PoLiCE RECRUiTmENT STRATEgy A fLoP
The South African Policing Union (SAPU) would like to state
categorically clear its opposition to the proposed method of
vetting new police recruits as announced by police minister Nathi
Mthethwa in parliament. We find it very strange that the police
minister wants to shift responsibility to the public instead of the
management taking responsibility.
It is practically impossible that members of the public will
have to give a go ahead for names published of new recruits. This
is a recipe for disaster as in some instances it will be just petty
reasons stated for an objection. This proposal looks for scapegoats
and populist solutions to the challenges faced by the South African
Police Service (SAPS). This proposal also makes it as if we have a
general problem of tsotsi cops.
The challenge that needs to be tackled in the SAPS is command
and control. After dealing with command and control it will be
easier to deal with the challenge of discipline that SAPU feels is
the major problem in the SAPS. The majority of men and women in
blue are committed and dedicated officers who are doing an
excellent job.
SAPU calls upon the police political leadership and management
to go back to the basics where the problem lies. Populist solutions
will not bring the long term and desired results.
Press statements from the general secretary of SAPU.
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SAPU newsletter april / may 2013
13
LettersAPPRECiATiNg SAPU
I was charged with misconduct and got dismissed by the
chairperson of the hearing. I appealed and the dismissal was
replaced by a six months suspension.I would to thank the South
African Policing Union (SAPU) for being with me during this ordeal.
I appreciate the character of my union when it comes to defending
its members.
I served the six months’ suspended dismissal but later the
Divisional Commissioner changed his mind and imposed the dismissal
again without me having attended a hearing or being invited to hear
the charges against me. These charges badly affected me.
However, SAPU took the second dismissal sanction to arbitration.
Comrade Bulala ST took the matter to arbitration level and finally
won the award. With SAPU you never go wrong as your rights as
workers are protected.
At abirtration the Commissioner said the following:
• I order respondent, the South African Police Service to
reinstate the applicant, Mashilo Orphans Mbalati in the same or
similar position that he occupied before he was unfairly dismissed.
The applicant must be reinstated on 1 March 2013.
• I further order the respondent SAPS to pay the applicant money
which is the salary that is ranging from the month of October 2011
until 28 February 2013. The money I order is the salary for the
time the applicant was unfairly dismissed.The money must be paid on
or before 28 March 2013. Failure to pay on time will mean that
interest shall accrue as provided by section 143 (2) of the Labour
Relations Act 66 of 1995.I think SAPU is the right union for men
and women in blue.
Mashilo Orphans Mbalati, Polokwane.
Daniels takes you seriously
I would like to thank Graham Daniels for his excellent service
and the support he gave me since 2008 and even up to now in 2013.
He is a man who puts his money where his mouth is, really takes
your cases seriously, fights for you until the end, and makes life
easier for you.
I met Graham in 2008 when I really needed a union representative
and since then always made use of his services and have never once
been disappointed. He really lives up to his name and in future I
will recommend him to anyone and will always make use of his
services.
I have never met someone who really cares for his clients so
much. He is really one of the best union representatives I’ve met
so far.
CST CB Swart, Kraaifontein SAPS
I would like to thank SAPU for the help it gave me. In July 2012
I was suspended at work and faced with nine charges which included
contravening regulation 20 (Z), (A), (Q), and section 120 (8)
(a).
The departmental hearing was held at Bethal on 10 August until
it was finalised in November 2012 where I was acquitted on the
charges and then reinstated in December and placed at Secunda.
I am pleased with the way Comrade Jerry Sibiya from Kwa-Mhlanga
LCRC, handled the case from start to finish, and truly thank him.
If it wasn’t for him, I don’t know what would have happened. My
life was so miserable when I was on suspension. I also would like
to thank, my colleague, Sergeant HM Mputi who was there for me
through thick and thin. When others had lost faith he stood by my
side.
Not to also forget the support I got from my family who never
lost hope. May God bless you all.
Viva SAPU VivaViva Comrade Sibiya Viva Thumbs up Sapu!
Tshepo Skosana, Bethal SAPS, Mpumalanga
No Steven Seagals
No one should be above the law. Two South African Policing Union
(SAPU) members from Nieuwoudtville were arrested unlawfully by the
station commander. At the hearing of these two members the
commander, who was present, walked away from the tribunal. Majieks,
Provincial FTSS immediately requested misconduct investigations
into the behaviour of the commander.
As SAPU we thank Major Riet who gave the mandate for the
investigation.
The commander was found guilty and sanctioned appropriately.
SAPU urges its members to come forward in reporting misconduct by
commanders to the union and or South African Police Service (SAPS)
management. Discipline in SAPS should apply to each and everyone in
the police.
SAPU Northern Cape also requested an investigation against the
commander at Kakamas for alleged misconduct. We await the outcome
of this investigation.
Viva comrade Sibiya
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SAPU newsletter april / may 2013
14
URgENT NoTiCE To LEVEL 3-5 PSAP mEmBERS
The Public Service Association (PSA), in the news bulletin
Informus, claims that levels 3 to 5 in the public service must be
re-evaluated and adjusted. But because they are not represented at
the Safety and Security Sector Bargaining Council (SSSBC), they
could not table it as an agenda point. This is not correct. The
DPSA issued a directive that departments must re-evaluate the
levels in all the different categories. Further, those members must
then be adjusted to the new evaluated level for the post and if the
department does not have a budget it must apply for additional
funding.
The point was tabled as an urgent point in the SSSBC immediately
thereafter. The South African Police Service (SAPS) responded that
they did not do the evaluation because they did not budget for it
and were not aware that they must apply for additional funding.
SAPS are now busy with the preparation process for the
evaluation and must give feedback on progress next week. It does
not mean all levels and categories will be moved. It will solely
depend on the evaluation. How the job is evaluated will determine
if the level will be adjusted or not. Lastly, with regards to the
translation, we have declared a dispute and we are taking this
matter to court.
RELoCATioN of SAPU gAUTENg offiCES
Please be advised that SAPU Gauteng offices situated at 86
Hamlin Street, Waverley in Johannesburg will be moving to the CBD
of Johannesburg. Therefore, the building situated at the address
mentioned is up for sale.
The move is taking place due to the fact that we want our
offices to be more accessible to the members and as you know the
CBD is central for all public transport as well.
Members will be informed of the new address as we are still
finalising the documentation and move in this regard.
Viva SAPU Viva!
Together we will make a difference
The DPSA issued a directive that departments must re-evaluate
the levels in all the different categories...
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SAPU newsletter april / may 2013
15
notiCe board fEEDBACk oN NEgoTiATioNS
Special Overtime AllowanceThe South African Policing Union
(SAPU) tabled a position paper demanding that the R700 overtime
allowance be increased to R1250.
The employer must seek a mandate and will give feedback at the
next Security and Safety Sector Bargaining Council (SSSBC)
meeting.
National Instruction on promotion and grade pregressingThe South
African Police Service (SAPS) tabled a draft National Instruction
that must be consulted to be implemented with the new promotion
policy. SAPU won the principle that grade progression must be an
automatic process and members do not have to apply.
Students in collegesSAPU met with SAPS management on a way
forward and threatened with an Interdict against the SAPS decision
to read conditions of the students contract which expired on 23
January 2013. SAPS kept them behind in the colleges until 25 March
to have them trained in crowd control.
SAPU is not objecting to further training but then they must be
appointed as constables from 23 January. The matter remains on the
agenda.
Lieutenant/Major rank promotionsThe employer has allocated 1300
posts for promotion and wants to implements it. Police and Prisons
Civil Rights Union (POPCRU) declared a dispute because they wanted
to trade this round of promotions off for a new salary
dispensation.
SAPU does not agree and put on record that a new salary
dispensation is part of the agreement and can be enforced and does
not need to be traded.
Solidarity obtained an interim order preventing the national
commissioner to effect the promotion of the 1300 posts. The
national commissioner the withdrew the already announced
promotions. SAPU then thereafter filed an application in the labour
court to set aside the withdrawal of the promotions .
SAPS, POPCRU and the SSSBC then joined SAPU in its defense
against the Solidarity application.
Restructuring PSS/CI• SAPU NOBs had a meeting with SAPS
management.• We do not agree that they can restructure without
consultation.• The NOBs will take a decision on the way forward
after the
next meeting with SAPS.
Financial disclosureWe do not agree that SAPS has the right to
enforce below salary level 12, and are in a process of bringing a
court application.
Levy IncreasePOPCRU wants to have the SSSBC levy increased from
R2 to R4. SAPU does not agree with any increment and our mandate is
that SSSBC must cut down on its expenditure or retrench.
Placement of members on SAPS structureLieutenant General De Witt
addressed the SSSBC on the SAPS structure.
They busy in the provinces taking stock to see that every
employee is placed according to skills and qualifications within
the structure.
There are currently 14 000 members placed in positions outside
of the structure for whom there are actually no posts.
Human resources will bring the final document to SSSBC for
consultation.
Recognition of previous qualificationsSAPU is in dispute with
the employer on wether a member with a grade 10 qualification
qualifies for the recognition award if the member improves his/her
qualifications to grade 12.
We negotiated the list and are satisfied with it.
Long service awardsThe awards are not yet implemented in SAPS as
they are in dispute with the Department of Public Service and
Administration (DPSA) on the contradictions between the SAPS Act
and the Agreement which states that you can only get a certificate
and a medal whereas the agreement says you will get a certificate
and money.
Further has SAPS issued a directive that members can no longer
sell their capped leave.
This is not correct and it is only new members, after the
signing
Tumi Mogodiseng is SAPU Deputy President.
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SAPU newsletter april / may 2013
16
of the agreement, who can not sell capped leave.
All other members can sell up to the date of signing of the
agreement.
Withdrawal of firearmsSAPU got an interdict against SAPS for
deploying any member in an operational post without being certified
competent in terms of the Firearms Act. This is inclusive of
members under Core.
SAPS must still come back to renegotiate the policy regulating
the issuing of firearms.
In the meantime the interdict remains in place and suits us.
Guard DutiesSAPS appointed special guards under the Public
Service Act.
We brought an urgent application but lost it. We also lost
leave
to appeal and have now petitioned the Labour Appeals Court for
leave to appeal.
The matter remains subjudice as we believe they should have been
appointed under the South African Police Service Act.
Revised salary structure and incorporation of PSAP employees•
This forms part of agreement 2/2011.• This agreement however lapsed
on 01/04/2013.• SAPS tabled eight possible proposals for a revised
salary
structure and the incorporation of the PSAP employeesunder the
police act. These proposals have been circulatedto all provincial
SAPU offices.
• SAPS indicated that the two draft documents are with Nascom
for a mandate.
• SAPU will reassess its position after 01/04 whether to bring
an application to have the agreement enforced.
• POPCRU has declared a dispute because of the LT/Maj promotion
issue.
UNION POST | 28
WHY YOU SHOULD JOIN SAPU
Paid up SAPU Member R5 000.00 Partner R4 000.00Children (14 to
21 at entry) R3 000.00Children (6 to 13 at entry) R2 000.00Children
(birth to 5 at entry) R1 000.00
• Free professional advice from our legal team• Free
representation in disciplinary proceedings• Free Union Post on a
quarterly basis – your information paper.• Free representation in
the grievance procedure and arbitrations (SSSBC)• Collective
Bargaining (SSSBC & PSCBC)• Free social grant to family of
deceased members and direct family
For more information, contact your local SAPU Provincial
Offices!
SILILANABO BENEFITS: SAPU MEMBERS ONLY
DibananiHolding Investment Company
SAPU
SAPU
Sililanaboto care and provide is our responsibility
On Friday 02 November 2012 the Labour Appeals Court overturned
the judgment of the Labour Court in favour of SAPS.
Solidarity on behalf of then Capt R Barnard filed a
discrimination application against SAPS after Barnard was
overlooked for promotion to the Supt. in the Inspectorate.
Barnard was every time the number one candidate and eventually
SAPS withdrew the post.
Solidarity argued that the post is critical for service delivery
and quite cannot be preferred before service delivery as service
delivery is a constitutional obligation of SAPS. It
further argued that the use of national demographics by SAPS to
implement equity is unconstitutional.
The Labour Court agreed and ordered SAPS to promote Barnard to
the rank of Supt. SAPS appealed the judgment and on Friday ruled in
favour of SAPS.
In its judgment the Appeals Court it would nullify the
Employment Equity Act if it is not correctly implemented.
SAPU ‘s response to the case is that this outcome was
inevitable. It is a fact that “whites” and especially white males
are still over represented in the middle management whereas SAPS is
struggling to meet the requirements at entry level for white
males.
EMPLOYMENT EQUITY IN SAPS
Barnard who is subsequently promoted to LT. Col. was represented
by Solidarity who to some extend fight the case in the media and
also took on 11 other such cases on behalf of “whites”.
Subsequently to the judgment Solidarity put the cases on hold.
It is SAPU’s view that if you want to attack the employment
equity policy of SAPS, it should be done at the right platform
which is the SSSBC.
It is obvious that by baling SAPS on such an issue in the Labour
Court was clearly a recruitment strategy which has gone horribly
wrong at the expense of members.
S AP U
S AP U
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SAPU newsletter april / may 2013
17
PSCBC
At the Public Service Co-ordinating Bargaining Council (PSCBC)
meeting on 27 February discussions took place on a lot of important
issues as summarised below.GEHS technical committeeThe employer
wants to embark on a Government Housing Scheme (GEHS). The
Technical Working Committee (TWC) recommended to council that
parties will submit additional inputs for the terms of reference.
The employer will continue with the feasibility and case study.
Submission of funding PSCBCThe PSCBC wants to increase the levy
that funds all council activities. The matter is to be treated with
urgency. Labour is still on the mandating process and they will
report to council in the next council meeting.
Resolution 1 of 2012 This resolution calls for the
implementation of Clause 7 on improved qualifications and compel
sectors to reach an agreement on the recognition of previous
qualifications. It also identifies the qualifications that are
relevant and which will be recognised.
The Education Labour Relations Council (ELRC) and the Public
Health and Social Development Sectoral Bargaining Council (PHSDSBC)
have resported to council about their progress.
The Safety and Security Sectoral Bargaining Council (SSSBC) and
the General Public Sector Sectoral Bargaining Council (GPSSBC) have
not yet concluded an agreement on the implementation.
Office purchasePSCBC’s lease for offices has expired and the
Office Park buildings were put up for sale. The PSCBC concluded a
deal with the bank to buy the offices instead of moving to another
property.
Pension redress This is to redress the pension benefits of
previously disadvantaged employees. The PSCBC is still capturing
the forms - a total of 56 688 forms were captured and there are
still 74 531 forms outstanding.
There is a dispute from the South African Policing Union (SAPU)
at the Commission for Conciliation, Mediation and Arbitration
(CCMA) regarding the pension redress in that the employees were
discriminated against.
IRASA/ILERAAs part of the strategic partnering of the PSCBC it
was agreed that the Industrial Relations Association of South
Africa (IRASA) and International Labour and Employment Relations
Association (ILERA) will be prioritised and the strategic role of
the council will be to host the 2015 ILERA World Congress. The
employer will assist with the sponsorship and also to engage the
universities.
Canada Knowledge Exchange Programme A PSCBC delegation visited
Canada as well as the USA at the invitation of the International
Labour Organisation (ILO). The purpose of the knowledge exchange
programme was to assess the principle of interest arbitration
conducted by the state of Ontario in Canada which is well known for
hosting various institutions that underwrite this principle.
Botswana study tourThere is a request by ILO to co-host a
delegation from the Botswana Public Service Bargaining Council. The
request was discussed in the executive committee meeting and it was
agreed that a return visit was necessary so as to be able to check
and monitor the implementation. PSCBC agreed to host the
delegation.
‘Clean break’ principleCouncil recently consulted on the
amendment of certain rules of the Government Employees Pension Fund
(GEPF), that deal with the introduction of a clean break principle
that deal with the payment of funds to the spouses of divorced
members of the fund. The implementation process has started and
there are various challenges being experienced. The intention is to
have a workshop with those affected and the PSCBC agreed to the
workshop which will be done during a PSCBC sitting.
Minimum service level agreement In the 2011 wage agreement
parties agreed to elevate this matter to the principals.
Furthermore, there was an agreement that principals shall conclude
on the process and for the outcome to be implemented after
negotiation in PSCBC by 1 April 2012. The negotiating parties
agreed to amend the date by adjusting it to 1 April 2013 and the
matter was referred back to PSCBC.
Tumi Mogodiseng is SAPU Deputy President
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SAPU newsletter april / may 2013
18
WiThDRAWAL of LiEUTENANT/ mAjoR RANk PRomoTioNS By NASCom
whether she is going to withdraw any promotions. If she does
SAPU will approach the court to prevent her from doing so as it
will result in an unfair labour practice.
Under the same agreement SAPU has declared a dispute on the
employer’s reluctance to engage the union on a revised salary
structure and the translation of the Public Service Act as agreed
in the same agreement. SAPU understands the confusion that is
created in having two ranks on the same salary level and that is
why we want a revised salary structure.
SAPU remains committed to any negotiated settlement on these
issues but reserve the right to proceed with legal action to
resolve the matter.
The South African Police Service (SAPS) salary structure should
be revised to make a difference between ranks writes Tumi
Mogodiseng.The South African Policing Union (SAPU) took note of the
interim court order that the trade union Solidarity obtained on 28
February 2013. Solidarity base their application on the basis that
the employment equity plan of SAPS is unconstitutional, as it makes
provisions for quotas and puts barriers in place to prevent members
from being promoted. Solidarity launched its case in 2012.
After carefully studying the interim order it is obvious that
the court does not set aside the promotions of those already
promoted. However, SAPU awaits the response from the National
Commissioner, General Riah Phiyega, to determine
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SAPU newsletter april / may 2013
19
union mattersADoPT A ChiLD
WhEN DUTy CALLS
Furthermore, the caregiver will also send clothes when seasons
change as well as show interest in the education of the child.
During a recent visit to the orphanage clothes, back packs,
toiletries, food parcels and cash was given to the children who all
received something. Two SAPU shop stewards were elected from among
the children and these would be used for regular contact in the
event that the children have specific needs or complaints that they
want addressed. The chairperson I. C. Magerman donated two cell
phones to the shop stewards.
The next visit to the orphanage will take place in April.
M. Z. du Plessis is the Provincial Women Networking Co-ordinator
for SAPU, Northern Cape.
History tells us its detectives were convicted according to
their ranks; the higher the rank, the more the years of conviction.
These cops were said to have acted with one goal therefore the
concept of common purpose was employed and all of them were
convicted of the murder of a suspect.
We should learn from the experience of the seven convicted
police officials who were convicted for common purpose in murdering
a suspect.
M R Mboweni is the provincial chairperson of SAPU in Gauteng
The philosophy of the Adopt a child project is that: If you heal
yourself through helping others, do not stop looking for those who
need your help. M.Z. Du Plessis looks at this project which is
promising a brighter future for vulnerable children.
As part of healing, the project, which is supported by the South
African Policing Union (SAPU), supports the adopting of children
and taking care of their needs.
Currently the project supports an orphanage that houses 79
children. Only 20 children have been adopted by mothers, and 59
need parents especially the teenagers.
The project’s purpose is to assist the orphanage of Poffadder
Bright Lights and to give it all the necessary love, support and
assistance to the children in need who are in its custody.
The aim of the project is to give a care taker to each child at
the orphanage and to send that child presents on their
birthday.
Men and women in blue beware. South African citizens are not
colour blind; they will always look up to you for safety.
We fought against an instruction which was meant to destroy us:
that of complying and complaining later. As the South African
Police Union we buried this type of instruction a long time ago and
therefore we condemn violence in all respects.
Violence is against Africanism and has never been condoned in
our African cultures as it destroys that which is supposed to be
defended. Thus violence is never a builder but a destroyer.All our
members throughout the country must police one another. When you
are on duty refuse to be dragged into any act that will bring the
name of the South African Police Service into disrepute or that
goes against your dignity.
Many police officers are in jail and some have lost their lives
due to misjudgement of facts. Therefore, it is important to even in
collective efforts to fight crime to remember that we are governed
by the laws of this country.
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SAPU newsletter april / may 2013
20
ABUSE of PoWER iN DCS
The South African Policing Union ( SAPU) is currently having
limited organizational rights within DCS.After working for the
department for almost 23 years and not having been charged with any
wrong doing, I have dedicated all my life to defending and fighting
for the rights of employees.
However, on 16 January 2012, my rights were violated and dignity
tarnished in front of junior and senior members in my absence. I
had phoned my supervisor and informed him that I was coming a bit
late after taking my daughter to school first.
On arrival at work colleagues informed me of my demotion which
had been announced during the morning assembly and therefore had
been evicted from the office.
I told them that I will treat what they were telling me as
rumour because there was no basis.
That afternoon, my supervisor and other managers called me into
an office and broke the news. I refused to take the demotion letter
as the action was against the Basic Conditions of Employment
Act.
I was never consulted nor given reasons as to why I was being
demoted and therefore saw the action as illegal.
I wrote a grievance letter which I handed to the so-called new
supervisor. The letter was referred to the office head who simply
said the decision was final and that I won’t be allowed to go to
the next level as per grievance procedures. I then phoned the area
coordinator service who agreed to a meeting.
On arrival at his office he indicated that he tried to call me
to stop me from coming to see him because my head of department had
told him that he was going to book me absent should I go to see the
coordinator. I told him what had transpired in the presence of the
provincial secretary who had accompanied me. He advised me to go
back to my work place and promised to write a letter to the office
head, which he did. The letter encouraged dialogue on the matter.
When the letter was received, it was put on the notice board
for everybody to see despite its confidentiality. The second
grievance which I wrote was also placed on the notice board. Even
probationers who were doing cleaning duties at our offices read the
letter.s This was wrong and illegal. I took photos of the letter
and grievances.
I was laughing stock to some members whilst others sympathised
with me. The head started giving instructions to the human
resources department that I must be booked absent from duty even
when I was present.
In an attempt to remove me another SAPU member was told to
occupy my office but fortunately the members preferred to share the
office rather than have me thrown out. When this strategy failed,
after some months, the member was told to leave the office.
Then the new supervisor occupied my office during my absence. My
stuff and books were thrown out, the lock broken
and changed; my photos packed in the smoking area - though I
don’t even smoke. My stress level increased because the
intervention from the area commissioner’s office was either weak or
absent.
Leon Naude arranged a meeting with my work place management. Due
to the office head’s arrogance, the meeting could not go any
further. A letter was then written to the area coordinator for
intervention. Against no change took place. Then SAPU requested the
intervention of the provincial commissioner, who referred us back
to the area.
At one stage I was subjected to an illegal identification parade
with probationers for doing my job. At this stage I was not allowed
to enter any office or help members of the public.
One Sunday the office head arrived while I was on duty, wearing
full uniform, and capturing work on the system. Although on weekend
off, he forcefully took my hands off the computer keyboard saying I
was not on duty.
I went to the psychologist who gave me off days for depression
and stress. The head disapproved the sick leave and sent me forms
of t.i.l. which I took to the psychologist who wrote again
On 16 January 2012, my rights were violated and dignity
tarnished in front of junior and senior members in my absence.
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SAPU newsletter april / may 2013
21
PLAN AhEAD foR LEAVE
found that no procedure was followed, there was no basis for
demotion and the employer was instructed to re-instate me within 14
days. Lastly, the office head I am referring to was dismissed five
years ago from the department for his arrogance, undermining
authority and bad behavior. That is the kind of management and
dictatorship that members face daily.
From the bottom of my heart I thank SAPU for caring for its
members, as well as Naude for his braveness and the role he played
in this case.
E.T.Peter is the Provincial Chairperson of SAPU in the Eastern
Cape Province.
leave approvals with relevant offices that capture leave for
commanders approvals.
It is not worthwhile to leave duties of your approved leave
because of ignorance of the agreements. If you are not sure about
what to do SAPU will help you through advice.
We are there to help you and together we can make a
difference.
William Mohale is the Provincial Secretary for SAPU in Gauteng
Province.
that I had work stress and that I must therefore go for an
I.O.D.
The office head refused to grant the g 111 form for .I.O.D. I
again wrote another grievance contesting this T.I.L. that I did not
apply for, the grievance was never forwarded to the next level.
On 15 March 2012 my salary was stopped. SAPU again via Leon
Naude contacted provincial office challenging this decision. The
following months’ huge sums of money were deducted for T.I.L which
I never took.
SAPU saw that there will be no solution to the matter and
declared a dispute which was taken to the General Public Service
Bargaining Council. After a lengthy period, in which I suffered
financially, with my kids struggling to get school fees, and with
no petrol money, the case came in my favour. It was
Being forewarned is being forearmed so the saying goes; and this
applies to going on leave during the festive season writes William
Mohale.The South African Policing Union (SAPU) in Gauteng is always
receiving disputes over leave days. Members are denied their rights
to take leave by commanders even during the festive season even
though plans would have been forwarded to the commanders.
Both members and managers fail to plan in advance. The festive
season has been there before and will be there in the future.
Therefore it is important to plan ahead and adhere to the leave
policies accordingly. SAPU advises that members should avoid being
caught napping by not making follow ups about their
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SAPU newsletter april / may 2013
22
mEmoRABLE DAy
On 6 March we celebrated the National Police day at Philippi
training college. The event was celebrated by hundreds of police
men and women from all over the province.
SAPU Western Cape had a display table setup in the exhibition
hall. This table was visited by many SAPU members who updated their
details whilst some new members joined the union.
The Provincial Commissioner Lt. Gen. AH Lamoer and the
Provincial Community Policing Forum Chairperson, Mr Hanif Loonat,
visited our table.
SAPU Western Cape Provincial Office Bearers (POBs) would like to
thank all the members for making this day enjoyable and very
memorable.
On behalf of the POBs I would thank FTSS W Coetzee and organiser
M van Rensburg for assisting will managing the table and helping
the member. Graham Daniels, Provincial Secretary, Western Cape
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SAPU newsletter april / may 2013
23
ALUTA CoNTiNUA oN EqUiTy
The struggle for equality is a never ending struggle and it is
for this reason that the South African Policing Union (SAPU)
Gauteng province has launched the women’s networking forum writes
O.T. Sedibe.
The common goal was to fast track the process of equality in all
SAPU branches in general. The equity act will be meaningless if
there would be no vehicle to transport it. In our endeavour to
achieve this goal we employed the concept of nothing for us without
us.
The equity targets as sanctioned by the Act are being bypassed
by the people responsible for the implementation. During promotions
the gaps between different groupings are targeted accordingly and
placements are then done in accordance with the policies. However,
problems lie with the top cops that are inconsiderate of the laws
that govern the workers.
These high ranking officials will simply transfer the employees’
in helter skelter fashion. The certificate sent to the department
of labour for compliance becomes a futile exercise.
Managers hide behind legal jargon that transfers are done to
address the service and not as punitive measures. Therefore the
power struggle between the two words, equity and service delivery,
are a new space of labour disputes and this is made worse by
ignorance of labour laws.
O.T. Sedibe is the Deputy Chairperson of the Women Network in
Gauteng Province.
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SAPU newsletter april / may 2013
24
arts & heaLthhEALThy EATiNg & fiTNESS
Exercise and nutrition are two elements that strongly influence
the chances of staying healthy, as well as a large part of
preparing for the police academy, writes Mbali Molefe.
Proper nutrition helps you to be both physically and mentally
prepared. It can also prevent injuries due to the physical nature
of work in the academy, as well as achieve or maintain a healthy
body weight. Food nutrition decreases the risk of chronic illness
such as diabetes, cancer and vascular diseases.A healthy diet is
one that provides the daily energy requirements with foods that
vary and are denser in nutrition (not just about feeling ‘full’).
Below is what can be listed as ‘good food’ that can form part of a
healthy diet:
• Non-starchy fruits and vegetables, including those with red,
green, yellow, white, purple or orange pigments such as apples,
pears, strawberries, grapes, orange, bananas, melons, pineapple,
mango, kiwi, pak choy, asparagus, avocado, green beans, carrots,
broccoli, cauliflower, spinach, and cabbage.
• Whole wheat grains such as brown rice, whole wheat bread,
whole grain pasta, etc.
• Healthy source of proteins such as fish (including salmon,
tuna, sardines, etc.), poultry, beans, nuts, and avocado.
• Healthy and essential oils such as canola oil, olive oil,
sunflower oil.
• Water, tea and coffee.
‘Bad food’ or food that must be sparingly taken or even
completely avoided:
• Processed meat (such as bacon, cold cuts, hot dogs, etc.)•
Reined grains such as white rice, white bread, white pasta.• Sweets
and other sugary foods, as well as sugary beverages.• Saturated
fats and trans fats found in mayonnaise, biscuits
and butter. Along with the above guidelines of constituents of a
healthy diet, healthy eating can include the following in its
definition:
• Eating on regular basis; 3-5 times a day – in small portions.•
Starting the day with breakfast, 1 – 2 hours after waking up.•
Eating vegetarian meals more often, at least once a week.• Ensuring
a good balance of carbohydrates, proteins, and fat.
Not mainly relying on staples for energy.
• Eating fresh fruits and vegetables that are not overcooked or
that are raw.
• Limit red meat, salt and alcohol.• Not eating late at night
(at least 1-2 hours before sleeping).• Avoiding saturated fats.
Most of the time we get it right with choosing our meal
ingredients or components, but lose it when it comes to meal
preparation. We cook food to:
(i) enhance the flavor of the product(ii) tenderize the product
thus making it edible and most
importantly (iii) sterilize the food through the cooking process
to render
it safer for human consumption. The primary ways of preparation
that is mostly believed to enhance flavor by most people are
frying, adding excess salt and spices, as well as adding highly
fatty sauces such as mayonnaise to our food (mainly the
vegetables), due to tastes acquired in childhood and preferences
for salty, sugary and / or fatty foods. Healthier options of
preparing food are boiling, pouching, grilling, etc. Blanching in
particular, is a cooking technique that seal most (if not all) the
nutrients, flavor and colour of the vegetables, as well as keeping
them crisp and tender. So much thought has to be put in preparation
process of our food to attain healthy eating.
Healthier options of what police officers can choose from based
on their out-and-about nature of work or even those that are based
in offices can include:
• Muesli with milk or yoghurt; or sensible size cooked breakfast
with 1 – 2 eggs, mushrooms, beans and whole wheat toast.
• Any desired fruit for mid morning snack, e.g. apple, pear or
grapefruit.
• Leafy salad with avocado; any salad dressed with the healthier
type of dressing and grilled chicken; grilled chicken sandwiches
instead of burgers; whole wheat breads for sandwiches; if you
really have to eat a burger choose one with a single patty than
double patty with extra cheese and mayonnaise.
• Drink lots of water, and not more than a glass of fruit juice
per day.
• Any healthy mid-afternoon snack such as a handful of nuts.•
Light supper consisting of at least two healthily cooked
vegetables (potatoes not a preference), fish, etc. Wrapping it
up with lots of water or even tea or coffee as per person’s
preference.
A healthy nutrition goes hand in hand with regular exercise or
generally keeping active to burn calories. This can be from doing
aerobics, 10 – 20 minutes of skipping rope per day, 15 – 45 minutes
of jogging per day, to more intense hours of vigorous training at
the gym or even cardiovascular training at the comfort of your
home. Taking the kids to the park and playing with them over
weekends or in your backyard can go a long way in maintaining a
healthy lifestyle and becoming fit.
Mbali Molefe (pictured above) is a Johannesburg-based food and
safety technologist.
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SAPU newsletter april / may 2013
25
ThE iSLAND: ANoThER ViNTAgE PERfoRmANCE
The Island is attracting full houses at the Barney Simon Theatre
at the Market Theatre in Newtown, Johannesburg. Otto Moloto
explores the magic that glues audiences to their seats for 90
minutes.
Theatre veteran John Kani was recently overheard jokingly
telling the staff of the Market Theatre that he was confident to
take The Island to any theatre in the country: the Baxter in Cape
Town, the Playhouse in Durban and the State Theatre in
Pretoria.
Jokes aside, Kani was just in an exuberant mood because The
Island, which he directs, packed the Barney Simon Theatre, putting
bums on seats when other productions struggle to attract the same
crowds.
Written by Athol Fugard, John Kani, and Winston Ntshona, this
latest version of this award winning play that has over the years
travelled around the globe, telling a South African story of how
black people yearned for freedom and the price they had to pay. The
play is humorous and serious today, just like it was
yesteryear.
Kani’s son, Atandwa, and Nat Ramabulana, are the actors. The
only difference this time around is that the production now stars
young actors. In the past it starred John Kani and Winston
Ntshona.
The world has changed significantly since this play was first
performed in 1973, when it was illegal for three playwrights to
meet, let alone collaborate on a rebellious piece of literature.
But through the creation of this brilliant two-hander, Athol
Fugard, John Kani and Winston Ntshona brought to life a tale
that took the world by storm and helped to persuade America to
impose sanctions on South Africa.
Simply put, The Island tells the story of two prisoners on
Robben Island, John and Winston, who are rehearsing a performance
of Sophocles’ Antigone. When John learns that his sentence is being
reduced, the men’s friendship is tested.
The play explores the parallels between Antigone’s fight against
political and patriarchal boundaries and the imprisoned men’s fight
for dignity. The Island stands as a testament to the resiliency of
the human heart, spirit and beliefs. However, this play is not
necessarily a political lecture, for that would bore the audience,
particularly in a democratic South Africa where the political
leadership, now at the helm, is made up of former freedom fighters
who stood against oppression. The Island is humorous, engaging, but
still tells you the story of the struggle.
It is a play that needs to be watched particularly by the youth
of today, especially the born-frees, who do not always necessarily
know the full story of freedom and how it was attained and the
sacrifices made by people who are now leaders in business and
politics.
The two young actors take the daunting task of performing this
classic production like ducks to water. Their performance does
exact justice to this Tony Award winning production. Otto Moloto is
a publicist and the publisher of Applause magazine.
Nat Ramabulana, John and Atandwa Kani.
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SAPU newsletter april / may 2013
26
I agree with one writer: ‘The loss of Ntoni’s memories is as
devastating as the burning of manuscripts in Timbuktu.’
I didn’t know much about Ntoni, until around 2004 when I first
heard of his album, The Heritage. The name is surely befitting of
the kind of music the album contains. If you listen to the album
song by song you will not be disappointed. It is a true reflection
of the virtuosity that’s entrenched in the artist. I found myself
repeating ‘Seliyana’, each time it played.
A self-taught bassist who started playing with pop and jazz
groups in Cape Town; he was regarded by most as the master
arranger. But that is not surprising when you look at his
profile.He studied music in the US and worked with the greats like
The Ngcukana Brothers, Dave Brubeck, Hugh Masekela, Abdullah
Ibrahim, with whom he played in the Dollar Brand Trio, and many
others. His velvety voice was a rare element, especially in South
Africa and this made him unique. You wouldn’t miss it in some of
his songs when he featured other artists on vocals.
Chester Sesikwe is a Pretoria based jazz admirer
As an ardent lover of jazz music I perpetually dreamt of
visiting the Mother City one day for the annual Jazz festival and
be mesmerised by the majestic sounds of this beautiful music.
Never had I been that excited, when a dear friend called to tell
me the pleasant news that he had bought me a ticket to this year’s
Cape Town International Jazz Festival, accommodation included.
That in itself was exciting, but even more was the fact that my
idol, inspiration, and beloved musician, Bra Victor Ntoni, was also
billed to perform. Can you imagine the excitement? I felt like a
little boy successfully riding his new bicycle for the first
time.
I was only requested to take care of transport costs, which was
not a problem at all. I had already figured out a few of my
liabilities that I could afford to skip that month, without getting
into trouble. The feeling was so exhilarating to an extent that I
was anxious that time was moving slowly.
The shock came a few days later. Victor Ntoni had passed on. All
was spoilt for me. Cape Town lost its glamour. That I never had the
opportunity to see Bra Victor performing live, and that it was
never to happen, was too devastating.
ViCToR NToNi: TRiBUTE To A jAzz NoBLE
If you listen to the album song by song you will not be
disappointed. It is a true reflection of the virtuosity that’s
entrenched in the artist. I found myself repeating ‘Seliyana’, each
time it played.
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SAPU newsletter april / may 2013
27
Zambia has a long history of trade unionism. The White miners’
union was recognised by the mining companies as early as 1937. In
1947, the Northern Rhodesia African Shop Assistants Trade Union,
the first black trade union, was formed. By 1948, a second African
trade union was formed called the Northern Rhodesia African
Mineworkers’ Trade Union, a forerunner of Mineworkers Union of
Zambia (MUZ).
In 1952 the first federation of trade unions was formed known as
Northern Rhodesia Trade Union Congress (TUC) with Lawrence
Katilungu as its first president. The federation was not strong and
a sprinter union was formed in the early 1960’s called the Northern
Rhodesia Reformed Trade Union Congress (RTUC). By 1961, however,
the two federations merged to form United Trade Union Congress
(UTUC).
Due to financial problems, the UTUC was dissolved in 1965. In
the same year, the Zambia Congress of Trade Union (ZCTU) was
established through an Act of Parliament and recognised as the only
federation on 10 January 1966 under the Trade Union and Trade
Disputes Ordinance of 1949.
Workers played a key role during the period of heightened
resistance in the late 1950s and supported Zambia’s first
president, Kenneth Kaunda, in the struggle for independence.
Between 1965 and 1994, the ZCTU was the only national centre.
However, the liberalisation or deregulation of the labour market
engrossed wide ranging labour law reforms such as the amendment of
the Employment Act and Industrial and Labour Relations Act in 1997.
The amendment implied the abandonment of the ‘one industry one
union’ principle and removed the prescription of the ZCTU as the
only recognised labour federation.
This regulation was seen as a hindrance to the International
Labour Organisation Convention 87 on freedom of association and
protection of the right to organise which it ratified in 1996. The
new labour laws allowed for the formation of trade unions and trade
union federations. This gave rise to splinter unions which saw the
increase of unions from 17 in 1990 to about 40 in 2012. This growth
in trade union organisations coincided with the fall in overall
trade union members. This only added to the problem of
fragmentation of trade unions and which in turn led to loss of
trade union strength. By ratifying Convention 87, therefore, the
labour movement became divided and weakened.
Multiplicity of unions have led to inter-union rivalries, which
ultimately cuts at the very root of unionism, weakens the power of
collective bargaining, and reduces the effectiveness of workers in
securing their legitimate rights. The existence of different
conflicting or rival organisations, with divergent political views,
is greatly responsible for inadequate and unhealthy growth of the
movement. Consequently, the average size of membership per union
reduced resulting in weak financial position of unions. Weak
finances cause severe handicap for each of the unions and a weak
union cannot initiate strong arguments during negotiations.
Due to sprinter trade unions, each union gets a small portion of
total workforce of the establishment. It is difficult for all the
unions to come together and make a single charter of demands.
This makes their bargaining power very weak. Additionally,
because of union rivalry, unions attempt to play down each other to
gain better hold on the workers. As a result, workers lose interest
in unionism.
In realising the importance of a united and strong labour
movement particularly in Zambia, there is a general feeling within
the labour movement and among
stakeholders of the importance of working together. As such a
number of initiatives are being explored. These initiatives on
trade union integration must be seen from a broader context of both
inter as well as intra union cooperation.
In this regard, the ZCTU in collaboration with the Friedrich
Ebert Stiftung have been organising workshops for affiliates to
allow unions to examine options of working together including
merging. The latest being a workshop organised by ZCTU to enable
unions to discuss the challenges of sprinter unions.
It is hoped that these initiatives will help trade unions
realise the significance of unity of the labour movement. We remain
optimistic to see the results of these initiatives.
Humphrey Fumpa is the Director of Research and Information for
the Civil Servants and Allied Workers Union of Zambia
afriCa & worLdSTATE of TRADE UNioNS iN zAmBiA
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SAPU newsletter april / may 2013
28
Book REViEW
The smoke that calls: Insurgent citizenship, collective violence
and the struggle for a place in the new South Africa (Society and
Work Development Institute at the University of the Witwatersrand
and the Centre for the Study of Violence and Reconciliation, 2011)
by Karl von Holdt and others.
Reviewed by Elijah Chiwota
In 2008 South Africa and the rest of the world were shocked by
the xenophobic violence that gripped Alexander Township in
Johannesburg before spreading to other parts of the country and the
police were some of the government institutions that were blamed
for doing nothing to stop the violence.
Among other things, the police were blamed for their ‘absence’
and also for ‘unnecessary provocative violence.’ They were accused
of doing little to protect foreign nationals and also for beating
up and torturing protest leaders thus leading to running battle
with the youth.
The violence left destruction and misery in its wake including
attacks on foreign African nationals in 135 locations resulting in
the death of 61people, 21 of them South Africans.
Other reports say the numbers could be higher while those
displaced from homes were over 100, 000.
The title of the report comes from the voices of community
protesters in justifying the use of violence. ‘The premier
undermines us. He’ll see by the smoke [that] we’re calling him’.
This will be smoke from burning tyres or even a councillor’s
house.
However, the communities said they used violence as a last
option. ‘Violence is the only language that our government
understands. Look we have been submitting memos, but nothing was
done. We became violent and our problems were immediately resolved.
It is clear that violence is a solution to all problems’.
Communities also said they were responding to official
arrogance. ‘It is an insult to my intelligence for people to think
we are marching because someone has bought us liquor. We are not
mindless. People, especially you who are educated, think we are
marching because we are bored. We are dealing with real issues
here. Like today, we don’t have electricity. We have not had water
for the whole week.’
The report is made up of eight case studies from small rural
towns and large urban areas that include informal settlements
around Johannesburg.
A joint effort between the Society and Work Institute and CSVR
(Centre for the Study of Violence and Reconciliation), the report
brings us closer to a deeper understanding of community protests
and xenophobic violence.
Although xenophobic violence was different from community
protests, the report found similarities. In some cases, the same
organisations that organised protests were at the centre of the
protests and attacks.
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SAPU newsletter april / may 2013
29
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Tel: 0861 927278 - Fax: ( 086 ) 7563431
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