ConCourt : Some cops may strike

2011-06-09 16:12

Johannesburg - The Constitutional Court agreed that only members of the SA Police Service employed under the SA Police Service Act (SAPS Act) were engaged in an essential service, in a judgement handed down on Thursday.

This means that employees who work for the police, but are employed under the Public Service Act, are not deemed an essential service and their right to strike is not limited.

The ruling supports a Labour Appeal Court ruling in favour of the Police and Prisoners Civil Rights' Union on the subject after the Constitutional Court dismissed a challenge by the police minister. It is an interpretation of the meaning of an "essential service" as defined in the Labour Relations Act (LRA).

The importance of this determination was that only those employees who were not engaged in an essential service were able to strike. The police had submitted that the SAPS as a whole was defined as an essential service in the LRA.

The court had heard that the use of "employee" and "member" throughout the SAPS Act indicated the legislature's intention to treat the services provided by each type of employee differently.

Therefore services carried out by non-member employees were not essential, and their right to strike under section 23 of the Constitution should not be limited in any way, the court found. The minister of police could designate non-member employees as members of the SAPS if he deemed them as such in terms of section 29 of the SAPS Act.

The Court upheld the decision of the Labour Appeal Court and held that not all SAPS employees carry out an essential service.

In terms of the LRA, people deemed part of an essential service are not allowed to participate in a strike.

Read more on:    saps  |  labour

SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
2 comments
Add your comment
Comment 0 characters remaining

Inside News24

 
SPONSORED CONTENT
4 real car inventions that seem like science fiction

Vehicle design and tech have come so far so fast, that what seemed impossible has become reality. These are some of the fun and exciting innovations that have found their way into vehicle tech.

/News
 

Top 10 richest musicians of all time

Check out the gallery to find out who they are!

 
 

Luxury living

Seven of the most expensive children's toys ever made
5 millionaires turned murderers
The youngest billionaires in the world and how they made it
Watch: Flying first class has never been this luxurious!
Horoscopes
Aquarius
Aquarius

You are active, busy and on a mission today. There may be a special person you wish to entertain and may put in the extra effort...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.