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The National Education, Health and Allied Workers’ Union [NEHAWU] in Limpopo has noted with serious disappointment the decision by the Premier, Mr Stanley Mathabatha, to lockout the provincial government Spokesperson, Mr Phuti Seloba, from his office thus preventing him to perform his duties.

This injustice takes place while there is a legal order to uplift his suspension. We note that Mr Seloba since been put on suspension with full remuneration and other related benefits, payment of which was made without him performing any work. We are also aware that despite us warning the Premier on several occasions of this fruitless and irregular expenditure, he has furthermore ignored written directive by the Public Service Commission [PSC] to reinstate Mr Seloba to his post with immediate effect.

The Premier’s decision to disregard the order to uplift Mr Seloba’s suspension is a perpetuation of fruitless and irregular expenditure, this being perpetuated in total disregard of the law and rulings/directive by both the Public Service Commission and the The General Public Service Sector Bargaining Council [GPSSBC].

The freedom charter is one of the historical conventions on which the expression of the aspiration of the people of South Africa was built. Credence of constitutional bodies, including the courts and various other tribunals in South Africa, as well as the prescripts guiding these institutions are key towards the achievement of a society within which “all shall be equal before the law” and “enjoy equal  human rights”. The Premier`s actions continues to defeat this justiciable intent as if he too “is an apartheid operative’ in persuasion of a brutal state in disregard of these tenants.

It is worth noting that the Premier in his oath of office affirmed to be faithful to the Republic of South Africa and to obey, respect and uphold the constitution and all other laws of the Republic. All laws of the Republic of South Africa are modelled on the Freedom Charter and the Constitution of the Republic on which the Premier swore/ undertook to obey, respect and uphold.

NEHAWU has noted with regret the Premier’s intent to violate his oath of office when by all means outside the provisions of the Labour Relations Act on a matter involving Mr PP Seloba by disregarding an award issued by the GPSSBC – a competent council established in furtherance of Section 9, 10 and 23 of the Constitution of the Republic of South Africa.

It must be noted that the LRA provides avenues that the Premier must pursue to review the order issued by the Council and this must be done within the confines of the Act, and by making an application at the Labour Court. The effect of arbitration awards is simply set in section 143 of the LRA as final and binding, and NEHAWU would not want to lecture the Premier, as his sheer disregard of this provision proves incompetence on his part, as well as failure to live up to his oath of office. In this regard, we call on the Premier to abide by his oath of office by obeying, respecting and upholding the Constitution of the Republic, or if he is dismayed by any such observance of the rule of law, he must resign to allow public officials and political office bearers who are ready to obey, respect and uphold the constitution of the Republic of South Africa.

The decision to lock out Mr Seloba is unlawful and public abuse of state power, and its continuation may lead to us approaching competent authorities in seeking a remedy on the Premier’s violation of his oath of office and abuse of power. In this regard, we will not hesitate to mobilise progressive forces and other organs of civil society to put pressure on the premier to accede to our demands.

Issued by NEHAWU Limpopo