The United National Transport Union (UNTU) filed a Contempt of Court application against the Passenger Rail Agency of South Africa (PRASA) and three of its most senior officials in the Labour Court in Johannesburg, after a court order on the 19 issues were ignored.
This means that the three officials, Lindikaya Zide, Acting Group Chief Executive Manager, Pearl Muntali, Acting Group Executive Human Capital Management, and Bhekani Khumalo, PRASA General Manager Organisational Development must explain to the Court in their personal capacity why they decided not to implement an order granted in favour of UNTU against PRASA.
The Courts view Contempt of Court as a serious offence punishable by imprisonment. The Constitution Court ruled in 2015 that rule of law, a foundational value of the Constitution, requires that the dignity and authority of the courts be upheld. This is crucial, as the capacity of the courts to carry out their functions depends upon it.
“As the Constitution commands, orders and decisions issued by a court binds all persons to whom and organs of state to which they apply, and no person or organ of state may interfere, in any manner, with the functioning of the courts. It follows from this that disobedience towards court orders or decisions risks rendering our courts impotent and judicial authority a mere mockery. The effectiveness of court orders or decisions is substantially determined by the assurance that they will be enforced,” Judge Bess Nkabinde ruled on behalf of the full bench.
UNTU applied to the Labour Court after Zide did not adhere to his promise to personally ensure that a date was set last week to resolve the 19 issues, knowing that it was in the best interest of all the parties to ensure that the parties agree on the process and timelines on when these issues will be resolved.
Representatives of the PRASA negotiating team signed a settlement agreement on these issues with Labour in March 2016, but the passenger rail agency failed to implement them within the specified timeframes.
UNTU approached the Labour Court with an application to make the Settlement Agreement an order of the Court. PRASA did not oppose the application.
UNTU will keep our members, most of the employees of PRASA, informed on the progress.
Issued on behalf of UNTU by Sonja Carstens, Media and Liaison Officer. For UNTU Press Statements phone 082 463 6806 or e-mail sonja@untu.co.za.
