The United National Transport Union (UNTU) acknowledge the decision of Minister of Minerals and Energy to reopen the Iron Ore line.
This decision will require all Transnet employees in all the various divisions of Transnet to be ready to report for duty when rostered from Monday 30 March 2020.
These employees will be provided with the necessary documentation to indicate to authorities that they are now required to travel to and from work.
“UNTU has informed Transnet that our members will not work if personal protective equipment (PPE) is not provided to them.
“To all the members effected by this decision, please bear in mind that this is the first time in our democratic history that the President of the Republic of South Africa has declared a national state of disaster in terms of the Disaster Management Act which allows national executive to amend legislations and to make regulations to deal effectively with the disaster.
“This include the right to the release of any available resources of the national government, including stores, equipment, vehicles and facilities. Transnet and the Passenger Rail Agency of South Africa (PRASA) is state-owned enterprises funded by taxpayer’s money,” says Steve Harris, General Secretary of UNTU.
Michelle Phillips, the Acting Chief Executive of Transnet Port Terminals (TPT), correctly stated: “We are navigating uncharted waters. Decisions on what is essential to keep the country afloat during these trying times are reviewed from time to time and plans adjusted accordingly. These times require us to be flexible and agile.”
According to Harris UNTU takes note of the fear and frustration of our members and the feelings of some that the Union must have these decisions reviewed in the court.
The view of the Courts on the current situation is clear in a judgement made in the Mpumalanga High Court on 27 March 2020.
“The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.”
“I have extreme sympathy for the applicant, but I must uphold the law. Unfortunately, presently, the law prohibits that which the applicant wants to do however urgent and deserving. The Executive, under enabling legislation, invoked the provisions of the Act by declaring the state of disaster in order to curb the spread of COVID-19. The Act and the final lock down Regulation applies to everyone within the borders of the Republic. I cannot accede to the relief the applicant seeks because in doing so, I will be authorizing the applicant to break the law under judicial decree – that no court can do,” said Judge AJ Roelofse.
UNTU members also wanted to know how many passengers where allowed in a taxi or minibus at a time. According to the Government Gazette 11062 dated 25 March 2020, the employer must make the necessary transport arrangements where the person rendering essential services is unable to travel to and from his or her place of employment.
The Gazette states: “Provided that no more than 50% of the licenced capacity of the vehicle or vessel is exceeded and all directions in respect of hygienic conditions and the limitations of exposure to persons with COVID-19, are adhered to.
It was stated in a press statement on 27 March 2020 that the Department of Transport was in the process of issuing new directions on this, but it has not been published to date. “UNTU calls on all its members to co-operate in the stressful and abnormal circumstances COVID-19, a global pandemic, has forced our beautiful country into.
“Be careful, stay strong and healthy and always put your safety first,” says Harris.
Issued on behalf of UNTU by Carstens, Deputy-General Secretary: Media, Liaison and Communication. For more information contact Sonja Carstens, Deputy-General of UNTU, on 082 463 6806 or e-mail sonja@untu.co.za.
