IMATU - Independent Municipal and Allied Trade Union

IMATU in the news

IMATU was invited to participate in a live debate on SAFM on Thursday 12 August 2010 regarding the effect that the Municipal Systems Amendment Bill will have on service delivery. The “After Eight Debate” programme is broadcast nationally and usually attracts huge public interest and interaction.

The minister of Co-operative Governance and Traditional Affairs (CoGTA), Mr. Sicelo Shiceka represented Government.

Mr. Shiceka made no secret of the Government’s intentions to regulate, de-politicize and eradicate all forms of maladministration in municipalities.
In so doing, all senior mangers will be compelled to sign a performance management agreement and be subjected to strict control measures regarding their qualifications, skills, expertise and competencies.
Managers involved in these measures are Municipal Managers, Chief Financial Officers, Town Engineers, Town Planners, Communication Managers and Human Resource Managers.

Of further importance, the minister indicated that no employee that was dismissed for misconduct would be employed by other municipalities, subject to a particular period yet to be determined.
Moreover, another municipality will appoint no employee if disciplinary action is still pending against such employee at another municipality.

No appointments may be made outside of the municipality’s approved staff structure. Any appointments made in contravention of these provisions will be deemed null and void and wasted costs in the appointment of such employees may be recovered from councillors and/or managers responsible.

IMATU raised serious concern about the regulation of the municipal employment landscape, specifically referring to regulation of municipal employees’ remuneration and other conditions of service. These regulations are aimed at all emplyees and not limited to managerial employees only.
Medical benefits and pension contributions also fall within the parameters of this regulation for all employees and the minister had to concede that future discussions along the vested right of collective bargaining in our sector’s Bargaining Council is immanent.

IMATU repeated our commitment to quality service delivery and responsibility towards the securing of our member’s rights. This was met with favourable comment from the minister, namely that his office had no disagreement with IMATU’s reservation of collective and individual employment rights and he welcomes IMATU’s continued support to the “turn-around-strategy” implemented earlier by CoGTA.

The Bill is currently in the Parliamentary process of finalisation.

WAGE AND SALARY INCREASE: 2010/2011 FINANCIAL YEAR

When IMATU secured the multi- year salary agreement in July 2009, one of the conditions that was agreed upon stated that a calculation of the wage and salary increase for the 2010/2011 financial year must be made.
Section 6.2 of the Wage and Salary collective agreement states that “all employees, except the Municipal Managers and the Managers in terms of Section 57 (6) of the Municipal Systems Act, shall receive for the 2010/2011 financial year with effect from 1 July 2010 an across the board increase based on the average CPI percentage, for the period 1 February 2009 until 31 January 2010, plus 1,5%”.
The percentage was calculated and the average CPI figure for February 2009 to January 2010 was 6.98. Adding the 1.50%, as the Salary and Wage Collective Agreement determines, brings the total increase to 8.48%.
This means that an across the board increase of 8, 48% will be implemented on 1 July 2010, based on employees’ basic salaries as at 30 June 2010. The minimum wage payable in the sector, will increase from R 4000 per month to R 4 339-20 with effect from In addition, if an employee, after having received the 8, 48% increase and still earns less than the minimum wage of R 4339-20, that employee receives the minimum wage of R 4339-20.
All other benefits and conditions of service that are regulated by section 6.4 of the Salary and Wage Collective Agreement 2009 must be adjusted accordingly.

IMATU 1 - SALGA 0

IMATU has won an important arbitration relating to the implementation of last year’s salary and wage increase on benefits.
In October 2009, IMATU commenced arbitration proceedings against SALGA demanding that all Municipalities must implement a 13% increase on benefits and conditions of service linked to salaries, for the period 1 July 2009 to 30 June 2010 (excluding pension fund contributions, which were capped at 10,5%).
SALGA refused to do so, claiming that the salary and wage agreement, concluded last year, only allows for a 10.5% increase on benefits. The arbitrator, however, rejected SALGA’s arguments and ruled in favour of IMATU.
The effect of the ruling is that benefits such as overtime, annual bonus, leave pay, long service bonuses, shift allowances, standby allowances, acting allowances, night work allowances should have increased by 13% and not 10, 5%.
Municipalities must now pay all their employees an additional 2.5% on benefits and this is backdated to 1 July 2009.
[This does not however affect pension fund and medical aid contributions, which only increase by 10.5% until 30 June 2010, in terms of the salary and wage agreement.]
This award is a significant victory for all IMATU members and it deals a massive blow to SALGA’s attempts to undermine our members’ rights, and collective bargaining in the sector.
IMATU will keep you informed of further developments and we will continue to ensure that all your rights under the Salary and Wage Collective agreement are protected by all and any means necessary.

NEW LAW AIMS TO DERAIL MUNICIPAL GRAVY TRAIN

Municipalities are on the verge of change, unprecedented since 1994. New legislation will soon be introduced that aims to de-politicise municipalities, combat corruption and ensure that skilled people are appointed in senior management positions. Earlier this year, the Minister of Co-operative Governance and Traditional Affairs, CoGTA- announced the tabling of the Municipal Systems Amendment Bill.
This Bill will target the appointment and performance of senior managerial staff, including Municipal Managers, Chief Financial Officers, Town Engineers, Town Planners, Communication Managers and Human Resource Managers. The Bill introduce key changes such as the appointment of persons with applicable skills, prohibitory the appointment of office bearers of political parties, regulated remuneration packages and prohibitory the appointment of employees pending disciplinary hearings at other municipalities. Councillors who ignore the regulations and still appoint staff who do not comply with the regulations, will be held liable for fruitless expenses. Allegations of corruption and maladministration must be investigated within 90 days, failing which the Minister will get involved. IMATU, as a key role player in the Minister’s task team, welcomes the introduction of this Bill. We believe that the Minister has embarked on a major effort to secure quality service delivery in the municipal industry and we support his actions. IMATU is committed to the process of securing much needed change in the management of its members employed

EXECUTIVE MAYOR SYSTEM SHOULD BE SCRAPPED

IMATU has recently expressed its opinion in the press regarding the controversial executive mayor system.

The proposed scrapping of the Executive Mayor System, applicable in Municipalities as part of an attempt to overhaul Local Government in the country is supported by IMATU.

In an attempt by the Department of Cooperative Governance and Traditional Affairs (CoGTA) to give effect to its turn around strategy, it has no choice but to amend the Municipal Structures Act 117/1998.

One of the major problems that IMATU has identified in the current system (which gave rise to many allegations of nepotism, corruption and fraud) is the fundamental changes that occurred in Municipal structures during 1998 with the promulgation of the current Municipal Structures Act.

Prior to the current “executive dispensation” Municipalities were separated in terms of their legislative (Municipal Council) and executive (Town Clerk) functions. Resolutions that were taken by Municipal Councils were left to the office of the Town Clerk to execute and regular report back to these Councils occurred which ensured that service delivery was done without the interference of office bearers acting in an executive capacity.

The Municipal Structures Act (“the Act”) in section 32 (1) gave “appropriate powers” [section 32 (1) (a)] to executive committees, executive mayors, sub councils, ward committees and other committees.
All that was excluded from these “appropriate powers” were those powers regulated by section 160 (2) of the South African Constitution, namely the passing of by-laws, approval of budgets, imposing rates and taxes and raising of loans.

The Structures Act went further and in section 37 delegated to the Speaker of the Council to “… (b) perform(s) duties and exercises the powers delegated to the speaker in terms of section 32…”
This means that executive powers were delegated to the office bearers, the executive committee, its members and not the officials, namely the Municipal Managers who replaced the position of Town Clerks.

FESTIVE GREETINGS FROM JOHAN KOEN:

It’s that time of year again, when we all say to each other “I can’t believe how quickly the Year has flown, it’s nearly Christmas!”

2009 has been yet another action–packed year here at IMATU, due in no small measure to the post-election developments in Government, which have had an impact on Local Government. IMATU has been invited to form part of a high level Strategic Task Team and we look forward to the enhanced role that we will be able to play in Local Government affairs, in this new capacity. IMATU also participated in the National Indaba on Local Government which took place in October 2009, and it is clear that National Government recognises us as a key stakeholder in the sector.

When we look forward to 2010, it is evident that the New Year promises to be even more eventful than 2009. With the soccer World Cup finals and the undoubtedly huge impact that this will have on us all, IMATU’s Fourth Congress that will be held in October as well as the culmination of the elections of office bearers for the new term of office, the word “busy” will get new meaning. The shop stewards’ election process will already commence in the early part of 2010.

From all at IMATU, we wish our members a happy, blessed and peaceful festive season.

We look forward with anticipation and excitement to a wonderful 2010, working together for you!

VIVA IMATU VIVA!!!

Johan Koen
GENERAL SECRETARY

Feedback: Implementation of Wage Agreement

It was previously reported that IMATU and SAMWU referred a joint dispute relating to the interpretation and application of the Wage Agreement to the SALGBC and the matter was been set down for conciliation on 30 November 2009.

The conciliation process has now been exhausted and a certificate of non-resolution has been issued by the SALGBC.

The matter will shortly be enrolled for arbitration and it is likely to be set down for hearing around February / March 2010.

ARE THE METRO POLICE TO BE INTEGRATED INTO SAPS?

Developments regarding recent announcements by the Deputy Minister of Police that the Metro Police Forces may be integrated into the National Police Services in order to create a single national police force, has urged IMATU to raise the matter nationally.

Reports have recently appeared in various newspaper publications to the effect that the Deputy Minister of Police will spearhead the creation of a Single Police Force in line with the 2007 “Polokwane Resolutions” of the ANC. This relates to the governments’ Safety and Security portfolio. In essence, so the reports claim, this would entail the merger of Metro Police Services into the National Police Service and will have the effect of the transfer of Metro Police personnel to National Government.

This announcement flies in the face of the undertakings given by the National Police Commissioner who has consistently assured IMATU that no merger is on the cards and that his department is merely seeking to establish overall command of all police forces in the country. More specifically, the National Commissioner has stated that he seeks merely to establish a uniform rank structure and disciplinary code in order to achieve closer co-operation between the SAPS and Metropolitan Police Forces.

In response to the announcement, the National Office has written a letter to the Deputy Minister of Police to requesting an urgent meeting to clarify his department’s intentions regarding what the Media has labelled the “Super Force Project”. We have further requested that IMATU be allowed to play an active role in the so called “Super Force Project”.

In addition, the Special Advisor to the Minister of Co-Operative Governance and Traditional Affairs (COGTA) has informed IMATU that his department has no knowledge of any transfer of Metro Police personnel to the National Police Service and that the assurances given to us by the National Commissioner still stand. These sentiments were further reiterated by the Deputy Minister of COGTA at the COGTA Indaba of 21-22 October 2009.

Given the conflicting messages coming from Government on this issue the National Office has prepared a list of questions which has been forwarded to the Office of the Deputy Minister of Police for discussion at the forthcoming meeting. In addition, a press statement on this matter has been issued by the National Manager: Media, Marketing &Training denouncing the move and voicing IMATU’s opposition thereto.

It is noteworthy to mention that the Metro Police Chiefs countrywide have also issued recently a press statement directly contradicting the stance adopted by the Deputy Minister of Police. According to the Metro Police Chiefs they have had discussions with a spokesman of the Minister of Police and Senior Members of the SAPS and that the spokesman made it clear that what is contemplated is better co-ordination of all police forces and not integration.

IMATU’s regional offices have also been requested to assist the National Office in any way possible to gather information on the so called “Super Force Project” by engaging any Metro Police officials that may be in a position to support our opposition to this planned move by the Deputy Minister of Police.

IMATU SECURES AN ABOVE-AVERAGE WAGE DEAL

WE CAN PROUDLY SAY: "WE HAVE SUCCEEDED" !

In what has been described as one of the most intensive and effective sessions of collective bargaining on any matter realting to remuneration in the South African Local Government Sector, Imatu has finally succeeded in its goal to secure an above-average wage increase for its members.

What makes the agreement even more unique is the fact that the staggered increase of 13% in 2009/10 and CPI related increases to follow in 2010/11 and 2011/12, was achieved at the time the recession in SA's economy has increased its downward spiral.

Members of the union who are more vulnerable towards the effects of a negative economy, has also benefitted greatly with the minimum wage moving to R 3 850 per month in 2009 and to R4 000 per month in 2010.

The General Secretary of Imatu, Johan Koen, perhaps summed up the successes more effectively:

" The agreement will hopefully bring stability to our sector for the next three years and specifically during the Soccer World Cup next year. The agreement will also allow both unions, SALGA and the new CGTA Ministry to start focussing on service delivery and to secure the long term viability and future of municipalities and our sector.

With the agreement concluded, it is now appropriate to thank various individuals for their involvement.

• Firstly, to our own negotiating team. These negotiations have been the most difficult since the inception of the Bargaining Council. Many late nights were spent strategizing and preparing. The whole organization is in debt to our President, Deputy President, and Vice President: Labour Relations and Deputy General Secretary Legal and Research for their invaluable effort in securing the agreement. We also thank our Public Relations Manager, Mr S. Riekert, for so successfully ensuring that we made headline news everyday and all day!

• To our Regional structures and members who participated in the strike, for being able to plan and execute a strike on very short notice. In this regard we must thank our four Metro’s and the Ekurhuleni and Nelson Mandela Bay Branches specifically (there may be many other branches which participated and, which have not yet came to our attention. We thank those branches as well). Without our widespread participation in the strike, a settlement would no doubt have come much later. The fact that both unions downed tools meant there was no one to keep the municipalities going. This hastened the intervention of the Minister and the ultimate conclusion of the agreement.

• Mr. Yunis Shaik – Mr. Shaik must be one of the top mediators / facilitators in the country. He was able to finally broker a deal in the most trying circumstances and under unbearable pressure. Yet he prevailed.

• Councillor Speedo Mashilo – Councillor Mashilo is the chairperson of the SALGBC Executive Committee. He is also a member of SALGA’s NEC. Councillor Mashilo chaired the breakthrough meeting on 24 July 2009. He was responsible for moving the SALGA negotiators from the trenches they had dug themselves into. Personally, I am of the view that his persistence during the meeting of 24 July 2009 bears a direct relationship to the settlement agreement.

• Messrs Elroy Africa and Nhlakanipho Nkontwana from CGTA - The Minister appointed the two officials to assist the parties in breaking the impasse. Their role in the meeting of 24 July 2009 cannot be over stated.

• Appreciation must also go to the SAMWU negotiating team. The team, led by Dale Forbes and Petros Mashishi, was relentless in the pressure on SALGA that they created. They were also able to “sell” the final deal to their structures when the time was right to do so.

• It would also be appropriate to thank the SALGA negotiating team. IMATU was very critical at various stages during the negotiations as to how SALGA conducted itself (reverting to the facilitators proposal – at a 10, 5% increase, is a case in point), but what is clear is that SALGA, as an institution, had a very difficult task at hand. It had to satisfy the mandate of 283 municipalities, the NERSA increases, etc, as well as the demands of two diverse trade unions. It is a truly unenviable task, and they performed ably in the circumstances.

Finally- a thank you to all the members of the NEC, Regional Committee members, members individually and IMATU officials, for supporting the negotiating team and who phoned, texted and e-mailed daily to wish us luck and offer support. As trying as the negotiations and the strike were, it was the continued support of those listed above that helped us through the long nights. Thank you to each and every one."

As quoted above, the next focus point for Imatu will be to ensure that the agreement will also allow both unions, SALGA and the new CGTA Ministry to start focussing on service delivery and to secure the long term viability and future of municipalities and our sector.

There has never been a more favourable and opportune time to join up with Imatu...

IMATU’S ACTIVE ROLE IN THE RE- DEPLOYMENT OF PROPER SERVICE DELIVERY IN MUNICIPALITIES

IMATU’s National President has recently signed a Stakeholders Pledge that ensures the active participation of the union in the Department of Cooperative Governance and Traditional Affairs’ (COGTA) drive to radically improve service delivery in local government.

The Pledge strives to commit IMATU and stakeholders to:

• Work together with the communities to eradicate poverty, accelerate service delivery and facilitate development
• Uphold ethical behaviour and promote good governance
• Capacitate, support and transform the institution of traditional leadership to play an appropriate role in rural development, fighting poverty and to promote peace
• Facilitate co-operation between and within government, SOE’s, private sector and civil society towards building a developmental state and
• Promoting reconciliation, peace, unity, social cohesion and nation-building amongst the people

In the facilitation process of the acceleration of quality service delivery and infrastructure development, IMATU joins other stakeholders to:

• Assess the state of municipalities in all provinces under the leadership of MEC’s
• The COGTA department will develop a national local government turn around and intervention strategy for distressed and struggling municipalities and wards in each province
• COGTA will co-ordinate and manage the process nationally to ensure the turn-around strategy for the period 2009-2011 is implemented
• Work closely with provincial government to build their capacity by assessing and building the capacity of municipalities

The stakeholders will meet annually or as necessary to asses joint programmes and strengthen the co-operative governance partnership.

It will also endeavour to strengthen accountability and clean government and build a local government structure that is efficient, effective and responsible.