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SAPU newsletter april / may 2013 01 06 07 10 11 22 SoNa stance on crime applauded SAPU presentation on budget 2013 Policing in difficult times Brutal Cops: SAPU supports action Abuse of power in DCS SAPU NEWSLETTER S O U T H A F R I C A N P O L I C I N G U N I O N together we will make a difference APRIL / MAY 2013

SAPU...SAPU newsletter april / may 2013 04 EDiToRiAL I welcome you all to enjoy reading this edition of the SAPU newsletter. As you will notice that we have moved …

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  • SAPU newsletter april / may 2013

    01

    0607101122

    SoNa stance on crime applauded

    SAPU presentation on budget 2013

    Policing in difficult times

    Brutal Cops: SAPU supports action

    Abuse of power in DCS

    SAPUN

    EW

    SLE

    TT

    ER

    S O U T H A F R I C A N P O L I C I N G U N I O N

    together we will make a difference

    APRIL / MAY 2013

  • SAPU newsletter april / may 2013

    02

    The South African Policing Union (SAPU) Newsletter is published quarterly.

    The views and opinions expressed in the articles are those of the authors and do not necessarily represent those of SAPU.

    Acceptance and publication of advertorial and advertising matter in the SAPU Newsletter does not constitute SAPU endorsement or warranty in respect of goods or services therein described.

    SAPU does not assume any liability in respect of any claims made in advertisements.

    PUBLISHER: Lebo Zulu Creatives on behalf of SAPU.Cell: 083 248 1216Email: [email protected]

    EDITOR: Thabo Matsose

    BOARD MEMBERS: Oscar Skommere, Richard Mboweni & Barries Barnard

    STREET & POSTAL ADDRESS:85 Rauch Avenue Private Bag X900, Georgeville Pretoria, Pretoria 0001

    CONTACT:Tel: 0861-92-SAPU (7278)Fax: 012-804-3017Email: [email protected]

    Read your newsletter online:www.sapu.org.za

    CONTRIBUTIONS: Although all possible care is taken with articles, the editorial staff cannot take any responsibility for lost articles and photographs.

    COPYRIGHT: No article or picture in this publication may be reproduced without the written consent of the editor.

    EDITORIAL ASSISTANCE:Elijah Chiwota

    LAYOUT, DESIGN AND PRINTING:Purebrown Design & Lebone Litho Printers

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  • SAPU newsletter april / may 2013

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    CoNTENTS

    This issue: features:SAPU

    SAPU would also like to send its heartfelt condolences to the family of the deceased

    11

    SAPU would like to join the broader family in saluting thousands of dedicated and committed men and women in blue during this occasion of the National Police Day.

    05

    We celebrated the National Police day at Philippi training college.

    22

    Like her predecessors Jackie Selebi and Bheki Cele, Phiyega also has no previous policing experience.

    10

    The Island attracted full houses at the Barney Simon Theatre at the Market Theatre in Newtown

    25

    05 CURRENT AFFAIRSSafety and security for allSoNa Stance on crime applaudedSAPU on budget 2013Policing in difficult timesBrutal Cops: SAPU supports actionNews Briefs

    13 LETTERS Appreciating SAPUDaniels takes you seriouslyViva comrade SibiyaNo Steven Seagals

    15 NOTICE BOARD Feeedback from SSSBCPSCBC council meetingGeneral feedbackKnow your brandRevised salary structure

    19 UNION MATTERS Adopt a childWhen duty callsAbuse of power in DCSPlan ahead for leavememorable dayAluta continua on equity

    24 ARTS & HEALTHHealthy eating and fitnessThe Island: Another vintage performance

    26 AFRICA & WORLD State of the trade unions in ZambiaBook Review

  • SAPU newsletter april / may 2013

    04

    EDiToRiAL

    I welcome you all to enjoy reading this edition of the SAPU newsletter. As you will notice that we have moved away from our old name Union Post. We hope that this name change will bring with it some improvements to our mouthpiece.

    It looks like a bad cop season. Following the

    Marikana episode which ended in a bloody mess in which 34 striking mine workers were killed and scores injured in August last year, came the Daveyton incident in which a taxi driver, Mido Macia, was dragged behind a moving police van and later found dead in a police cell.

    Is there an end to this? South African Policing Union (SAPU) president Mpho Kwinika thinks so. He mentions that President Jacob Zuma struck all the good notes when he talked about how to end crime during the State of the Nation Address. But for this to happen we must go back to basics such as the police manual, and also uphold our responsibility to protect the human rights of South Africans.

    Violent practices that are common in the police force can be located in policing practices that were used during the autocratic apartheid state and are not suitable in democracy.

    A report, The smoke that calls; Insurgent citizenship, collective violence and the struggle for a place in the new South Africa by Karl Von Holdt and others is an important document to read for the police force as it analyses how community and xenophobic attacks take place. This pattern or repertoire has roots in the

    apartheid past, which has unfortunately continued into almost two two decades, after the democratic breakthrough in 1994. The report in a sense point out at places to look if the police were to stop violent community protest and xenophobic attacks.

    Away from the gloom and doom, SAPU celebrated the National Police Day in all the provinces and the members, dressed in colourful traditional outfits, had a day full of fanfare, with many signing up for SAPU of course.

    SAPU members continue to applaud the work of the union especially its consistent stance of defending the workers’ rights of the men and women in blue from unfair suspensions and dismissals. The success rate at arbitration is something to be proud of.

    As usual we continue to call on more members to join us so that they can benefit from our valuable membership and be in a union that will stand for them come hail, come thunder.

    An effective police force is one that is healthy and fit. The saying that we are what we eat then becomes more important as explained by Mbali Molefe.

    Thabo Matsose, Editor

  • SAPU newsletter april / may 2013

    05

    Current affairsSAfETy AND SECURiTy foR ALL

    Let’s not despair from doing our work even when under severe criticism from the public, writes Mpho Kwinika.Hello colleagues!

    The South African Policing Union (SAPU) would like to join the broader family in saluting thousands of dedicated and committed men and women in blue during this occasion of the National Police Day. SAPU is happy that your job as described by the constitution is to ensure safety and security to all inhabitants without fear or favour hence so much criticism is leveled against you. You need not despair though as this is part of accounting for your actions in a democratic state.

    However, not to down play the public criticism, our conduct should be beyond reproach.

    This means we must remove all the elements of doubts by the public by acting responsibly and not involving ourselves in corruption. Instead we should provide efficient and professional services to our people.

    SAPU is also saddened by the spate of merciless and barbaric killing of our brothers and sisters in and out of line of duties. Therefore, we are working tirelessly to ensure that these kinds of actions receive constant attention from the highest authority.

    We also invite South African Police Service (SAPS) management to join us in making the service professional. We don’t need NBES but NOBS Management who believe and invest in human capital. The services can only be professional if those who are managing it are professionals as well. Let us lead from the front and set good examples of leadership. If anyone amongst us transgresses the rules, punishment meted out should be the same regardless of rank.

    We as SAPU wishes you well during this celebration.

    Mpho Kwinika is the president of the South African Policing Union (SAPU). This statement comes from the speech he made during National Police Day celebrations.

  • SAPU newsletter april / may 2013

    06

    It was a touching moment when President Jacob Zuma mentioned the rape and murder of Anene Booysen in the Overberg town of Bredasdorp in the Western Cape says Mpho Kwinika, the president of the South African Policing Union (SAPU) in an interview with Elijah Chiwota.

    In the State of the Nation (SoNA) address the country president urged South Africans to stand together and condemn the brutality that women and children were facing in the country every day - an overture that was welcomed by SAPU.

    ‘It was crucial for South Africans to feel safe and in this respect the police had an obligation under the Constitution to protect lives and property. This meant that contact crime had to be reduced regardless of where it was happening. The police must also work hard to eliminate murder and rape and other contact crimes that resulted in injury such as cash-in-transit heists’, says Kwinika.

    Gender based violenceThe president’s comments on gender based violence were also well received but SAPU expected some changes.

    ‘From a policing perspective, I can say that gender based violence increased when the family violence and sexual offences unit was disbanded in 2006. SAPU is worried by the way the units were closed as no research informed the decisions’, adds Kwinika.

    While police reform is important, oversight should have been exercised before the closure. Other units that suffered the same fate included the murder and robbery unit that dealt with these serious contact crimes.

    ‘When you close such units you are putting lives at stake. There is a need for such special units to be used in deterring murderers and other criminals’, remarks Kwinika.

    There was also need for internal controls in the vehicle identification system where most of the corruption in the police force was happening. Corruption inhibited institutional objectivity and therefore the Special Investigative Unit, the National Prosecution Authority and the Asset Forfeiture unit still had a lot of work to do.

    On domestic violence, Kwinika said it was a difficult area of policing as most of the crimes were committed in homes. Unfortunately, the Domestic Violence Act is not doing enough to curb such crimes and it must be investigated why that is the case.

    ‘Domestic violence is sometimes not reported by communities especially in rural areas. In such cases there was little that the police could do as they only investigated reported crimes,’ added Kwinika.

    Human trafficking of women and children was a serious concern and other crime generators such as illegal firearms, liquor and drugs should always receive attention.

    However, increased visibility of the police has reduced crime levels he says. With more resources to reduce contact crimes the police could do more. These resources included more money, vehicles, proactive and reactive units and crime intelligence investigations.

    Experience was also necessary for some police duties. For example, detective work can be done better by those with more than five years experience if one expected to get positive results.

    Policing in a democracyPolicing in a democracy was not an easy task as officers were accountable to the public. Maybe there was a need to go back to the human rights courses that the police received earlier on. The police force must also read the police manual and make efforts to implement what it says.

    It was crucial for police officers to know what the Constitution says about respecting the rights of others. Therefore, police violence cannot be condoned and society should find solutions to this problem.

    The values that SAPU stood for were integrity, obedience to law, respecting diversity, excellence, and public approval. Gaining public confidence was important to policing.

    SoNA STANCE oN CRimE APPLAUDED

    Mpho Kwinika is SAPU President.

  • SAPU newsletter april / may 2013

    07

    SAPU PRESENTATioN oN BUDgET 2013

    The South African Policing Union President Mpho Kwinika raised a number of critical issues on policing when he addressed the portfolio committee on policing on 26 March 2013.

    IntroductionThe honourable portfolio committee chairperson, honourable portfolio members, the media, distinguished guests, ladies and gentlemen; the South African Policing Union (SAPU) would like to thank the committee once again for inviting our organisation to make a submission on the 25th budget vote.

    Greetings from the 80 000 members of SAPU and I wish you well in your oversight responsibilities.

    This is a difficult and rough period for the South African Police Service (SAPS) as public opinion on the organisation plummets to its lowest ebb mainly because of challenges it faces from police brutality.

    Therefore there is need to for this committee to provide leadership and oversight because without the cooperation of the community police cannot fight crime.

    The Andries Tatane episode, the Marikana Tragedy and now the Mido Macia incident have changed our policing landscape and community police relations.The media has exposed the serious weaknesses in our policing approach in a democracy especially the failure to protect civil liberties during violent public protests.

    Additionally, social problems such as housing, unemployment and dissatisfaction with service delivery have ended up being a policing issue. However, this is not to say that police officers have no role but perhaps that the policing approach and philosophy should be that of preserving life. A militarised police organisation is not compatible with policing in a democracy.

    National Development PlanSAPU welcomes the National Development Plan (NDP) as a guiding document for the vision of country and this gives meaning to our Constitution in as far as it promotes the safety and security of all citizens of our country. SAPU’s view is that the NDP requires police to be professionalised and not militarised. This requires a U-turn and a paradigm shift in the recruitment process, working conditions of police officers, addressing issues of salaries, training and development as well as going back to the community policing approach.

    It also requires police officers to be adequately equipped with both lethal and less lethal weapons and be provided with specific gear to use in appropriate circumstances. SAPU welcomes the NDP for seeking to build a safer society by increasing community participation.

    We cannot go back to Apartheid style policing in which the state is pitted against its own people and must also stop the practice by senior commanders of forcing young and junior officers to open fire on violent demonstrators. Many police officers are suffering serious post traumatic stress disorder as well as related psychological problems resulting in suicides after being forced to take such actions. The problem of suicides is the best kept secret in the SAPS because of the high numbers.

    This policing approach has undoubtedly impacted negatively on community participation in policing. Our interaction with the Community Policing Forum (CPF) tells us that these democratic institutions have been rendered dysfunctional and impotent by this policing approach.

    Honourable members, I am a professional police officer who has served for 25 years. I never in my wildest dreams thought that I will again experience the level of police brutality in a democracy similar to what l witnessed during the dark days of Apartheid. The recent incident involving a Mozambique national being dragged at the back of a police van during day light, and in front of cheering community members is not only disheartening but reflects the sickness that still exists in our policing environment.

    Honourable chair, some of the worst atrocities do not take place in the glare of the media or community members but within our militarised environment. SAPU joins all like-minded in condemning these atrocities and calling for not only those involved but senior commanders as well to be held accountable for such behaviour.

    We also welcome the NDP’s recommendation regarding the fight against corruption. Corruption needs to be fought because the failure to defeat it will have major consequences for our democracy. In order to achieve that we need to create a police service that respects the policing profession. This means that we also need to create an independent unit that addresses police corruption from within.

  • SAPU newsletter april / may 2013

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    The question that most people ask is whether it is worth reporting a minor crime because investigators are overwhelmed with work. It is impossible for an investigator to solve 150 to 200 dockets a month.

    SAPU does not believe that it is strategic for police officers to be fast tracked to become investigators. There is a need to create capacity of uniformed members to investigate minor crimes.It is disheartening when we hear and see cases being withdrawn or thrown out of court or dockets closed because of lack of evidence and because the detective did not have enough time to properly investigate the cases. It defeats access to justice.The year 2012/13 was declared the year of the Detective Services yet the budget does not reflect this position. Human capacity was to be prioritised and this has not been done.

    The Detective Services is the heartbeat and engine of policing in South Africa and all dockets end up in this programme. Challenges of understaffing are severely impacting on policing.The work load that detectives generally have is too much no wonder detectives concentrate on priority crimes.

    Crimes that are less serious are not investigated and this often results in community members not reporting less serious crimes.

    The problem of vigilantism and increase of private security indicates low confidence in public policing.

    Specialised InvestigationsIs the Special Investigations subcomponent referred to in this budget report the Directorate of Priority Crimes Investigations (DPCI)? It is not clear whether DCPCI is part of the SAPS.

    There are 2 802 Detectives tasked with the investigation of serious and organised crimes in the country. This is very thin given the complex nature of organised crime in our country.The biggest challenge is how to get public confidence on the police services and stop extra judicial practices.

    Forensic Science LaboratoryThere are 1 476 personnel in our Science Laboratories who have to deal with millions of forensic specimen. As a result some of the specimen is rotting because of lack of capacity. Even for specimen of rape victims, it can take up to two or more years before DNA evidence is made available. Forensic laboratory requires urgent intervention to ensure that investigations are completed quicker.

    We need to restore the integrity and credibility of the police service if our attempt to fight corruption in society is to be effective. Every year we have raised this issue as a major fault line in the delivery of policing services especially to underprivileged communities. We have called for the introduction of an Anti-Corruption Unit within the SAPS to intensify the fight against corruption. We remain convinced that a specialised adequately resourced Anti-Corruption Unit will have more successes in dealing with the problem of police corruption.

    InfrastructureSAPU welcomes the budget of R796.6 million for 2012/13 which is expected to increase to R1.1 billion over the medium term as it is difficult for professional policing to take place with current infrastructure. Many of our police stations are in a very bad state and lack basics such as toilets.

    The state of infrastructure was best captured by South African Broadcasting Corporation’s Special Assignment television programme which focused on the Eastern Cape Province where police officers were shown relieving themselves in the bush. If this committee and government are not embarrassed by this, then nothing will embarrass them.

    Some police stations have no floors or the floor has pot holes. Ceilings have been vandalised and are falling apart. There are no windows, gutters and some buildings look like they have never been painted since they were built. It’s a shame and we all need to be embarrassed by this.

    Visible policingOur view is that given the state of our policing more investment is required particularly in the Visible Policing Programme which is a critical component given that it is also the face of the police service. The complaints against the police are often from this component because of the interaction it has with the community.

    Detective servicesBudget must also prioritise detective units which are important in ensuring that suspected criminals are investigated, arrested and evidence gathered and presented in court. Our detectives are a window to many victims of crime to achieving access to justice.

    The crime problem is overwhelming for the understaffed Detective Unit and that impact on the quality of investigations. As a result, major crimes are prioritised and lesser crimes ignored.

  • SAPU newsletter april / may 2013

    09

    tirelessly and securing this event. Indeed Africa and the world were focused on us and we did not disappoint.

    POLMEDThe last issue that we wish to raise is with regards to POLMED. We raised this issue last year with this committee and we did not receive any support. As a result our organisation has taken a decision to get the issue resolved by the courts. POLMED has become a nightmare for the majority of police officers and we do not think that it is serving the interest of our members. The tipping point was an increase by 200% of the CEO package while the scheme is on the red. We have requested for information to support this expenditure without any success.

    POLMED is a monopoly that does not serve the interests of police officers and fails to provide quality services. So SAPU will also be challenging this in terms of the Competition and Consumer Acts.

    We think other medical aid schemes must be allowed to compete so that members can benefit from the competition and we are confident that when this issue gets to the courts our position will be vindicated.

    SAPU is grateful for the support it continues to receive from this committee but more support is needed. We encourage committee members to continue visiting police stations, not only in urban but remote areas as well so as to get first hand experience.

    We are confident that you will be able to verify all the issues that we have raised. Police reflect the government power view that we have a police force in crisis.

    However, we are encouraged by the energy of the honourable members of this committee and we wish you well in your oversight responsibilities of the Police Department.

    Crime intelligenceThere is a need to highlight the plight of Crime Intelligence, a very critical component in the fight against crime, because it has been neglected by police management. Our crime fighting ability is handicapped by lack of investment and capacity building in this unit.

    Our concern is that the personnel in this unit lack the kind of support required. For instance, Crime Intelligence is not allocated any training in the budget. The last time there was an allocation was in 2009/10 when only R3 000 was allocated. We wonder what kind of training this was that was conducted for R3 000.

    Ignoring Crime Intelligence is a grave mistake and this committee must not allow this to happen.

    There are 9 206 personnel in the police services of which 3 324 are personnel responsible for intelligence operations and 5 882 are responsible for intelligence and information management. We would like to encourage this committee to look into creating a budget that will increase capacity in the Detective Services as well as Crime Intelligence.

    South Africa being the gateway to Africa, and given the problem of drugs caused by the country becoming a haven for drug syndicates and drug lords, crime intelligence becomes critical in infiltrating the syndicates and dealing with organised criminals. We need our crime intelligence to be on top of the crime situation and have the capacity to infiltrate these syndicates wherever there are within our borders.

    Protection and security servicesWe are happy with the budget and the personnel of 6 315 in this programme. We think that looking after dignitaries is very important as the failure to do so may plunge our country into chaos.

    However, our concern is mainly with regards to the purported merger of this unit to the Intelligence Unit. The Intelligence is tasked with the important task of fighting crime and not driving around dignitaries. Intelligence fights crime using very obscure and overt methods and we think that merging them with the Protection and Security Services will in fact weaken their capacity to fulfil their mandate. It’s a bad and uninformed idea.Let me conclude on a much more positive note. Once again our men and women in blue demonstrated to the world that with resources and support they can deliver quality policing to our people and the world. We want to congratulate our police officers for their sterling work during the African Cup of Nations early this year. We applaud our police officers for working

  • SAPU newsletter april / may 2013

    10

    PoLiCiNg iN DiffiCULT TimES

    From the time of her appointment, it was like walking on hot coals: it’s either you gather courage and resilience or your feet get burnt.

    The Marikana incident made world headlines with Phiyega at the centre. The on-going Marikana commission of inquiry has kept Phiyega under the spotlight several months after the incident and her appearance before the commision has not been a walk in the park.

    Amidst the Marikana commission of inquiry came two incidents of police brutality that caused a media frenzy. In one incident taxi driver and Mozambican national, Mido Macia, was punched, kicked, handcuffed and dragged by a moving police van, ending up dead in the hands of the Daveyton police in Johannesburg.

    Obviously this added to Phiyega’s headaches as head of the police force and her subsequent suspension of the officers involved who are now facing murder charges in the courts.

    However, the problems of the force are not of Phiyega’s creation as the police commissioner’s position has been riddled with controversy long before her. Thus she never stood a chance of winning over her current critics who never gave her an opportunity to even present her plan for reducing South Africa’s high crime rate and rampant corruption within the police, as well as restoring the force’s high morale.

    For her it has been putting out one fire after the other. Who is Phiyega? What does she stand for? Is she capable of doing her job well?

    Almost a year into her appointment I doubt if any of us knows or has answers.

    How she will survive the storm in the scandal-magnate that is the SAPS only time will tell. As a South African woman, I believe that this nation knows that things are not always what they appear to be on the surface and that there are probably better things to come, and in Phiyega’s case I take comfort that there is no situation that is totally hopeless.

    Beaular Amanda Ntuli is a freelance writer.

    When President Jacob Zuma announced Mangwashi Victoria Phiyega as South African Police Service national commissioner the storms were brewing on the horizon of the Rustenburg platinum belt, and before the ugly spectre of the Marikana Massacre had barely faded from public memory comes in the Daveyton incident in an endless sad story of South African policing writes Beaular Amanda Ntuli.

    ‘The 21st century woman embodies the hopes of her nation, knows the history of her people, exposes injustices and comforts the poor and the unemployed’, said Riah Phiyega as she is affectionately known to many, South Africa’s female police commissioner in one of the first interviews she gave. Her appointment in June 2012 came as a pleasant surprise to many South Africans who welcomed yet another woman to an influential position not only at the helm of a male-dominated force but to a senior government position. Was she going to be another Nkosazana Dlamini-Zuma, or just another token appointment whose inexperience would affect the morale of the police force? Like her predecessors Jackie Selebi and Bheki Cele, Phiyega also has no policing experience. Selebi and Cele’s terms were marred by corruption and scandals, and Phiyega knows that she is in a very difficult position and has to prove her mettle. The fact that hardly two months into the job there was the infamous ‘Marikana massacre’ when some questioned her fitness to hold the police commissioner’s office. This did not help her public image.

    Marikana Massacre had barely faded from public memory and in comes the Daveyton incident in an endless sad story of South African policing

    National Police Commissioner, Riah Phiyega

    GC

    IS

  • SAPU newsletter april / may 2013

    11

    BRUTAL CoPS: SAPU SUPPoRTS ACTioN

    The South African Policing Union (SAPU) would like to express its total support to national commissioner General Riah Phiyega for acting swiftly against the police officers who are alleged to have brutally assaulted a taxi driver, Joseph Mido Macia, aged 27, who eventually died in police custody.

    Those members don’t just deserve suspension they will have to face the music both in the department and as criminals. We fall short of words to express our dismay, shock and anger at the video footage. This kind of brutality has no room whatsoever in the South African Police Service (SAPS). We commend General Phiyega for this kind of leadership.

    The good image of the police is tarnished by ruthless elements like these. It must be noted that any kind of jungle justice has no room in our modern society. We have to root it out wherever it is found.

    SAPU also calls upon the Independent Police Investigative Directorate to leave no stone unturned when probing this case. We are also calling for a speedy and transparent probe.

    We cannot afford to have embarrassing incidents like these. They cost the police dearly and force us to work hard to earn the respect and confidence of the communities we serve. SAPU would also like to send its heartfelt condolences to the family of the deceased. We also call upon members of the community not to turn their backs on the police. We acknowledge the fact that there are few rotten elements who believe that because they are in the police force they are a law unto themselves.

    Oscar Skommere (pictured above) is the general secretary of SAPU.

  • SAPU newsletter april / may 2013

    12

    NEWS BRiEfS

    ShoCkED By CoP ShooTiNg DEAD TRAffiC CoP

    The South African Policing Union (SAPU) has learnt with shock and sadness the unfortunate incident where it’s alleged that a drunken police officer shot dead an Ekurhuleni Metro police officer Popi Simphiwe Maseko on 10 February 2013.

    Although the circumstances around this incident are still a subject of an investigation, we can state it categorically clear that both officers are victims in this tragic event. The metro officer was performing her duties as expected of her and we salute her for that. There are many traffic officers who lose their lives on the road because of many violent road users they encounter on a daily basis.

    Without pointing any finger to anyone or making a judgement before an official investigation is concluded, SAPU would like to put it on record that most police officers turn to violence to deal with work-related depression. That is why even incidents of suicide are on the increase in the SAPS. We want to call upon the SAPS management to beef up the social, psychological and spiritual services within the police.

    The emotional stress that members are working under makes them soft targets of brutal re-action. SAPU would also like to state that we do not by any means condone the alleged action by the concerned detective.

    We would also like to send our heartfelt condolences to the family of Ms. Maseko. Our prayers are with them during this darkest hour.

    SALUTiNg SANDf mEmBERS Who DiED iN CAR

    The South African Policing Union (SAPU) as part of the South African population including the progressive and democratic civil society joins the country in paying tribute to the fallen South African National Defence Force (SANDF) members who died in the Central African Republic during a fierce battle with the rebels in that country.

    SAPU as a police union fully understands the pain that the families, and the SANDF as an institution, are going through now. We understand the trauma as even members of the South African Police Service (SAPS) have been deployed in foreign countries before. We would like to send our heartfelt condolences to the families of the deceased and the army in general.

    Those 13 members died with their boots on. They died during the course of duty. They were on national call because South Africa, as part of the African continent, is duty bound to assist when the call arises. Those patriotic sons and daughters of our country died trying to make Africa a peaceful continent. It is unfortunate that they went there as peacemakers not soldiers of war. The fact that they were ill-equipped must be a wake up call for authorities as it is clear that a deployment in a warzone must be treated as such.

    NEW PoLiCE RECRUiTmENT STRATEgy A fLoP

    The South African Policing Union (SAPU) would like to state categorically clear its opposition to the proposed method of vetting new police recruits as announced by police minister Nathi Mthethwa in parliament. We find it very strange that the police minister wants to shift responsibility to the public instead of the management taking responsibility.

    It is practically impossible that members of the public will have to give a go ahead for names published of new recruits. This is a recipe for disaster as in some instances it will be just petty reasons stated for an objection. This proposal looks for scapegoats and populist solutions to the challenges faced by the South African Police Service (SAPS). This proposal also makes it as if we have a general problem of tsotsi cops.

    The challenge that needs to be tackled in the SAPS is command and control. After dealing with command and control it will be easier to deal with the challenge of discipline that SAPU feels is the major problem in the SAPS. The majority of men and women in blue are committed and dedicated officers who are doing an excellent job.

    SAPU calls upon the police political leadership and management to go back to the basics where the problem lies. Populist solutions will not bring the long term and desired results.

    Press statements from the general secretary of SAPU.

  • SAPU newsletter april / may 2013

    13

    LettersAPPRECiATiNg SAPU

    I was charged with misconduct and got dismissed by the chairperson of the hearing. I appealed and the dismissal was replaced by a six months suspension.I would to thank the South African Policing Union (SAPU) for being with me during this ordeal. I appreciate the character of my union when it comes to defending its members.

    I served the six months’ suspended dismissal but later the Divisional Commissioner changed his mind and imposed the dismissal again without me having attended a hearing or being invited to hear the charges against me. These charges badly affected me.

    However, SAPU took the second dismissal sanction to arbitration. Comrade Bulala ST took the matter to arbitration level and finally won the award. With SAPU you never go wrong as your rights as workers are protected.

    At abirtration the Commissioner said the following:

    • I order respondent, the South African Police Service to reinstate the applicant, Mashilo Orphans Mbalati in the same or similar position that he occupied before he was unfairly dismissed. The applicant must be reinstated on 1 March 2013.

    • I further order the respondent SAPS to pay the applicant money which is the salary that is ranging from the month of October 2011 until 28 February 2013. The money I order is the salary for the time the applicant was unfairly dismissed.The money must be paid on or before 28 March 2013. Failure to pay on time will mean that interest shall accrue as provided by section 143 (2) of the Labour Relations Act 66 of 1995.I think SAPU is the right union for men and women in blue.

    Mashilo Orphans Mbalati, Polokwane.

    Daniels takes you seriously

    I would like to thank Graham Daniels for his excellent service and the support he gave me since 2008 and even up to now in 2013. He is a man who puts his money where his mouth is, really takes your cases seriously, fights for you until the end, and makes life easier for you.

    I met Graham in 2008 when I really needed a union representative and since then always made use of his services and have never once been disappointed. He really lives up to his name and in future I will recommend him to anyone and will always make use of his services.

    I have never met someone who really cares for his clients so much. He is really one of the best union representatives I’ve met so far.

    CST CB Swart, Kraaifontein SAPS

    I would like to thank SAPU for the help it gave me. In July 2012 I was suspended at work and faced with nine charges which included contravening regulation 20 (Z), (A), (Q), and section 120 (8) (a).

    The departmental hearing was held at Bethal on 10 August until it was finalised in November 2012 where I was acquitted on the charges and then reinstated in December and placed at Secunda.

    I am pleased with the way Comrade Jerry Sibiya from Kwa-Mhlanga LCRC, handled the case from start to finish, and truly thank him. If it wasn’t for him, I don’t know what would have happened. My life was so miserable when I was on suspension. I also would like to thank, my colleague, Sergeant HM Mputi who was there for me through thick and thin. When others had lost faith he stood by my side.

    Not to also forget the support I got from my family who never lost hope. May God bless you all.

    Viva SAPU VivaViva Comrade Sibiya Viva Thumbs up Sapu!

    Tshepo Skosana, Bethal SAPS, Mpumalanga

    No Steven Seagals

    No one should be above the law. Two South African Policing Union (SAPU) members from Nieuwoudtville were arrested unlawfully by the station commander. At the hearing of these two members the commander, who was present, walked away from the tribunal. Majieks, Provincial FTSS immediately requested misconduct investigations into the behaviour of the commander.

    As SAPU we thank Major Riet who gave the mandate for the investigation.

    The commander was found guilty and sanctioned appropriately. SAPU urges its members to come forward in reporting misconduct by commanders to the union and or South African Police Service (SAPS) management. Discipline in SAPS should apply to each and everyone in the police.

    SAPU Northern Cape also requested an investigation against the commander at Kakamas for alleged misconduct. We await the outcome of this investigation.

    Viva comrade Sibiya

  • SAPU newsletter april / may 2013

    14

    URgENT NoTiCE To LEVEL 3-5 PSAP mEmBERS

    The Public Service Association (PSA), in the news bulletin Informus, claims that levels 3 to 5 in the public service must be re-evaluated and adjusted. But because they are not represented at the Safety and Security Sector Bargaining Council (SSSBC), they could not table it as an agenda point. This is not correct. The DPSA issued a directive that departments must re-evaluate the levels in all the different categories. Further, those members must then be adjusted to the new evaluated level for the post and if the department does not have a budget it must apply for additional funding.

    The point was tabled as an urgent point in the SSSBC immediately thereafter. The South African Police Service (SAPS) responded that they did not do the evaluation because they did not budget for it and were not aware that they must apply for additional funding.

    SAPS are now busy with the preparation process for the evaluation and must give feedback on progress next week. It does not mean all levels and categories will be moved. It will solely depend on the evaluation. How the job is evaluated will determine if the level will be adjusted or not. Lastly, with regards to the translation, we have declared a dispute and we are taking this matter to court.

    RELoCATioN of SAPU gAUTENg offiCES

    Please be advised that SAPU Gauteng offices situated at 86 Hamlin Street, Waverley in Johannesburg will be moving to the CBD of Johannesburg. Therefore, the building situated at the address mentioned is up for sale.

    The move is taking place due to the fact that we want our offices to be more accessible to the members and as you know the CBD is central for all public transport as well.

    Members will be informed of the new address as we are still finalising the documentation and move in this regard.

    Viva SAPU Viva!

    Together we will make a difference

    The DPSA issued a directive that departments must re-evaluate the levels in all the different categories...

  • SAPU newsletter april / may 2013

    15

    notiCe board fEEDBACk oN NEgoTiATioNS

    Special Overtime AllowanceThe South African Policing Union (SAPU) tabled a position paper demanding that the R700 overtime allowance be increased to R1250.

    The employer must seek a mandate and will give feedback at the next Security and Safety Sector Bargaining Council (SSSBC) meeting.

    National Instruction on promotion and grade pregressingThe South African Police Service (SAPS) tabled a draft National Instruction that must be consulted to be implemented with the new promotion policy. SAPU won the principle that grade progression must be an automatic process and members do not have to apply.

    Students in collegesSAPU met with SAPS management on a way forward and threatened with an Interdict against the SAPS decision to read conditions of the students contract which expired on 23 January 2013. SAPS kept them behind in the colleges until 25 March to have them trained in crowd control.

    SAPU is not objecting to further training but then they must be appointed as constables from 23 January. The matter remains on the agenda.

    Lieutenant/Major rank promotionsThe employer has allocated 1300 posts for promotion and wants to implements it. Police and Prisons Civil Rights Union (POPCRU) declared a dispute because they wanted to trade this round of promotions off for a new salary dispensation.

    SAPU does not agree and put on record that a new salary dispensation is part of the agreement and can be enforced and does not need to be traded.

    Solidarity obtained an interim order preventing the national commissioner to effect the promotion of the 1300 posts. The

    national commissioner the withdrew the already announced promotions. SAPU then thereafter filed an application in the labour court to set aside the withdrawal of the promotions .

    SAPS, POPCRU and the SSSBC then joined SAPU in its defense against the Solidarity application.

    Restructuring PSS/CI• SAPU NOBs had a meeting with SAPS management.• We do not agree that they can restructure without consultation.• The NOBs will take a decision on the way forward after the

    next meeting with SAPS.

    Financial disclosureWe do not agree that SAPS has the right to enforce below salary level 12, and are in a process of bringing a court application.

    Levy IncreasePOPCRU wants to have the SSSBC levy increased from R2 to R4. SAPU does not agree with any increment and our mandate is that SSSBC must cut down on its expenditure or retrench.

    Placement of members on SAPS structureLieutenant General De Witt addressed the SSSBC on the SAPS structure.

    They busy in the provinces taking stock to see that every employee is placed according to skills and qualifications within the structure.

    There are currently 14 000 members placed in positions outside of the structure for whom there are actually no posts.

    Human resources will bring the final document to SSSBC for consultation.

    Recognition of previous qualificationsSAPU is in dispute with the employer on wether a member with a grade 10 qualification qualifies for the recognition award if the member improves his/her qualifications to grade 12.

    We negotiated the list and are satisfied with it.

    Long service awardsThe awards are not yet implemented in SAPS as they are in dispute with the Department of Public Service and Administration (DPSA) on the contradictions between the SAPS Act and the Agreement which states that you can only get a certificate and a medal whereas the agreement says you will get a certificate and money.

    Further has SAPS issued a directive that members can no longer sell their capped leave.

    This is not correct and it is only new members, after the signing

    Tumi Mogodiseng is SAPU Deputy President.

  • SAPU newsletter april / may 2013

    16

    of the agreement, who can not sell capped leave.

    All other members can sell up to the date of signing of the agreement.

    Withdrawal of firearmsSAPU got an interdict against SAPS for deploying any member in an operational post without being certified competent in terms of the Firearms Act. This is inclusive of members under Core.

    SAPS must still come back to renegotiate the policy regulating the issuing of firearms.

    In the meantime the interdict remains in place and suits us.

    Guard DutiesSAPS appointed special guards under the Public Service Act.

    We brought an urgent application but lost it. We also lost leave

    to appeal and have now petitioned the Labour Appeals Court for leave to appeal.

    The matter remains subjudice as we believe they should have been appointed under the South African Police Service Act.

    Revised salary structure and incorporation of PSAP employees• This forms part of agreement 2/2011.• This agreement however lapsed on 01/04/2013.• SAPS tabled eight possible proposals for a revised salary

    structure and the incorporation of the PSAP employeesunder the police act. These proposals have been circulatedto all provincial SAPU offices.

    • SAPS indicated that the two draft documents are with Nascom for a mandate.

    • SAPU will reassess its position after 01/04 whether to bring an application to have the agreement enforced.

    • POPCRU has declared a dispute because of the LT/Maj promotion issue.

    UNION POST | 28

    WHY YOU SHOULD JOIN SAPU

    Paid up SAPU Member R5 000.00 Partner R4 000.00Children (14 to 21 at entry) R3 000.00Children (6 to 13 at entry) R2 000.00Children (birth to 5 at entry) R1 000.00

    • Free professional advice from our legal team• Free representation in disciplinary proceedings• Free Union Post on a quarterly basis – your information paper.• Free representation in the grievance procedure and arbitrations (SSSBC)• Collective Bargaining (SSSBC & PSCBC)• Free social grant to family of deceased members and direct family

    For more information, contact your local SAPU Provincial Offices!

    SILILANABO BENEFITS: SAPU MEMBERS ONLY

    DibananiHolding Investment Company

    SAPU

    SAPU

    Sililanaboto care and provide is our responsibility

    On Friday 02 November 2012 the Labour Appeals Court overturned the judgment of the Labour Court in favour of SAPS.

    Solidarity on behalf of then Capt R Barnard filed a discrimination application against SAPS after Barnard was overlooked for promotion to the Supt. in the Inspectorate.

    Barnard was every time the number one candidate and eventually SAPS withdrew the post.

    Solidarity argued that the post is critical for service delivery and quite cannot be preferred before service delivery as service delivery is a constitutional obligation of SAPS. It

    further argued that the use of national demographics by SAPS to implement equity is unconstitutional.

    The Labour Court agreed and ordered SAPS to promote Barnard to the rank of Supt. SAPS appealed the judgment and on Friday ruled in favour of SAPS.

    In its judgment the Appeals Court it would nullify the Employment Equity Act if it is not correctly implemented.

    SAPU ‘s response to the case is that this outcome was inevitable. It is a fact that “whites” and especially white males are still over represented in the middle management whereas SAPS is struggling to meet the requirements at entry level for white males.

    EMPLOYMENT EQUITY IN SAPS

    Barnard who is subsequently promoted to LT. Col. was represented by Solidarity who to some extend fight the case in the media and also took on 11 other such cases on behalf of “whites”. Subsequently to the judgment Solidarity put the cases on hold.

    It is SAPU’s view that if you want to attack the employment equity policy of SAPS, it should be done at the right platform which is the SSSBC.

    It is obvious that by baling SAPS on such an issue in the Labour Court was clearly a recruitment strategy which has gone horribly wrong at the expense of members.

    S AP U

    S AP U

  • SAPU newsletter april / may 2013

    17

    PSCBC

    At the Public Service Co-ordinating Bargaining Council (PSCBC) meeting on 27 February discussions took place on a lot of important issues as summarised below.GEHS technical committeeThe employer wants to embark on a Government Housing Scheme (GEHS). The Technical Working Committee (TWC) recommended to council that parties will submit additional inputs for the terms of reference. The employer will continue with the feasibility and case study.

    Submission of funding PSCBCThe PSCBC wants to increase the levy that funds all council activities. The matter is to be treated with urgency. Labour is still on the mandating process and they will report to council in the next council meeting.

    Resolution 1 of 2012 This resolution calls for the implementation of Clause 7 on improved qualifications and compel sectors to reach an agreement on the recognition of previous qualifications. It also identifies the qualifications that are relevant and which will be recognised.

    The Education Labour Relations Council (ELRC) and the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) have resported to council about their progress.

    The Safety and Security Sectoral Bargaining Council (SSSBC) and the General Public Sector Sectoral Bargaining Council (GPSSBC) have not yet concluded an agreement on the implementation.

    Office purchasePSCBC’s lease for offices has expired and the Office Park buildings were put up for sale. The PSCBC concluded a deal with the bank to buy the offices instead of moving to another property.

    Pension redress This is to redress the pension benefits of previously disadvantaged employees. The PSCBC is still capturing the forms - a total of 56 688 forms were captured and there are still 74 531 forms outstanding.

    There is a dispute from the South African Policing Union (SAPU) at the Commission for Conciliation, Mediation and Arbitration (CCMA) regarding the pension redress in that the employees were discriminated against.

    IRASA/ILERAAs part of the strategic partnering of the PSCBC it was agreed that the Industrial Relations Association of South Africa (IRASA) and International Labour and Employment Relations Association (ILERA) will be prioritised and the strategic role of the council will be to host the 2015 ILERA World Congress. The employer will assist with the sponsorship and also to engage the universities.

    Canada Knowledge Exchange Programme A PSCBC delegation visited Canada as well as the USA at the invitation of the International Labour Organisation (ILO). The purpose of the knowledge exchange programme was to assess the principle of interest arbitration conducted by the state of Ontario in Canada which is well known for hosting various institutions that underwrite this principle.

    Botswana study tourThere is a request by ILO to co-host a delegation from the Botswana Public Service Bargaining Council. The request was discussed in the executive committee meeting and it was agreed that a return visit was necessary so as to be able to check and monitor the implementation. PSCBC agreed to host the delegation.

    ‘Clean break’ principleCouncil recently consulted on the amendment of certain rules of the Government Employees Pension Fund (GEPF), that deal with the introduction of a clean break principle that deal with the payment of funds to the spouses of divorced members of the fund. The implementation process has started and there are various challenges being experienced. The intention is to have a workshop with those affected and the PSCBC agreed to the workshop which will be done during a PSCBC sitting.

    Minimum service level agreement In the 2011 wage agreement parties agreed to elevate this matter to the principals. Furthermore, there was an agreement that principals shall conclude on the process and for the outcome to be implemented after negotiation in PSCBC by 1 April 2012. The negotiating parties agreed to amend the date by adjusting it to 1 April 2013 and the matter was referred back to PSCBC.

    Tumi Mogodiseng is SAPU Deputy President

  • SAPU newsletter april / may 2013

    18

    WiThDRAWAL of LiEUTENANT/ mAjoR RANk PRomoTioNS By NASCom

    whether she is going to withdraw any promotions. If she does SAPU will approach the court to prevent her from doing so as it will result in an unfair labour practice.

    Under the same agreement SAPU has declared a dispute on the employer’s reluctance to engage the union on a revised salary structure and the translation of the Public Service Act as agreed in the same agreement. SAPU understands the confusion that is created in having two ranks on the same salary level and that is why we want a revised salary structure.

    SAPU remains committed to any negotiated settlement on these issues but reserve the right to proceed with legal action to resolve the matter.

    The South African Police Service (SAPS) salary structure should be revised to make a difference between ranks writes Tumi Mogodiseng.The South African Policing Union (SAPU) took note of the interim court order that the trade union Solidarity obtained on 28 February 2013. Solidarity base their application on the basis that the employment equity plan of SAPS is unconstitutional, as it makes provisions for quotas and puts barriers in place to prevent members from being promoted. Solidarity launched its case in 2012.

    After carefully studying the interim order it is obvious that the court does not set aside the promotions of those already promoted. However, SAPU awaits the response from the National Commissioner, General Riah Phiyega, to determine

  • SAPU newsletter april / may 2013

    19

    union mattersADoPT A ChiLD

    WhEN DUTy CALLS

    Furthermore, the caregiver will also send clothes when seasons change as well as show interest in the education of the child.

    During a recent visit to the orphanage clothes, back packs, toiletries, food parcels and cash was given to the children who all received something. Two SAPU shop stewards were elected from among the children and these would be used for regular contact in the event that the children have specific needs or complaints that they want addressed. The chairperson I. C. Magerman donated two cell phones to the shop stewards.

    The next visit to the orphanage will take place in April.

    M. Z. du Plessis is the Provincial Women Networking Co-ordinator for SAPU, Northern Cape.

    History tells us its detectives were convicted according to their ranks; the higher the rank, the more the years of conviction. These cops were said to have acted with one goal therefore the concept of common purpose was employed and all of them were convicted of the murder of a suspect.

    We should learn from the experience of the seven convicted police officials who were convicted for common purpose in murdering a suspect.

    M R Mboweni is the provincial chairperson of SAPU in Gauteng

    The philosophy of the Adopt a child project is that: If you heal yourself through helping others, do not stop looking for those who need your help. M.Z. Du Plessis looks at this project which is promising a brighter future for vulnerable children.

    As part of healing, the project, which is supported by the South African Policing Union (SAPU), supports the adopting of children and taking care of their needs.

    Currently the project supports an orphanage that houses 79 children. Only 20 children have been adopted by mothers, and 59 need parents especially the teenagers.

    The project’s purpose is to assist the orphanage of Poffadder Bright Lights and to give it all the necessary love, support and assistance to the children in need who are in its custody.

    The aim of the project is to give a care taker to each child at the orphanage and to send that child presents on their birthday.

    Men and women in blue beware. South African citizens are not colour blind; they will always look up to you for safety.

    We fought against an instruction which was meant to destroy us: that of complying and complaining later. As the South African Police Union we buried this type of instruction a long time ago and therefore we condemn violence in all respects.

    Violence is against Africanism and has never been condoned in our African cultures as it destroys that which is supposed to be defended. Thus violence is never a builder but a destroyer.All our members throughout the country must police one another. When you are on duty refuse to be dragged into any act that will bring the name of the South African Police Service into disrepute or that goes against your dignity.

    Many police officers are in jail and some have lost their lives due to misjudgement of facts. Therefore, it is important to even in collective efforts to fight crime to remember that we are governed by the laws of this country.

  • SAPU newsletter april / may 2013

    20

    ABUSE of PoWER iN DCS

    The South African Policing Union ( SAPU) is currently having limited organizational rights within DCS.After working for the department for almost 23 years and not having been charged with any wrong doing, I have dedicated all my life to defending and fighting for the rights of employees.

    However, on 16 January 2012, my rights were violated and dignity tarnished in front of junior and senior members in my absence. I had phoned my supervisor and informed him that I was coming a bit late after taking my daughter to school first.

    On arrival at work colleagues informed me of my demotion which had been announced during the morning assembly and therefore had been evicted from the office.

    I told them that I will treat what they were telling me as rumour because there was no basis.

    That afternoon, my supervisor and other managers called me into an office and broke the news. I refused to take the demotion letter as the action was against the Basic Conditions of Employment Act.

    I was never consulted nor given reasons as to why I was being demoted and therefore saw the action as illegal.

    I wrote a grievance letter which I handed to the so-called new supervisor. The letter was referred to the office head who simply said the decision was final and that I won’t be allowed to go to the next level as per grievance procedures. I then phoned the area coordinator service who agreed to a meeting.

    On arrival at his office he indicated that he tried to call me to stop me from coming to see him because my head of department had told him that he was going to book me absent should I go to see the coordinator. I told him what had transpired in the presence of the provincial secretary who had accompanied me. He advised me to go back to my work place and promised to write a letter to the office head, which he did. The letter encouraged dialogue on the matter. When the letter was received, it was put on the notice board

    for everybody to see despite its confidentiality. The second grievance which I wrote was also placed on the notice board. Even probationers who were doing cleaning duties at our offices read the letter.s This was wrong and illegal. I took photos of the letter and grievances.

    I was laughing stock to some members whilst others sympathised with me. The head started giving instructions to the human resources department that I must be booked absent from duty even when I was present.

    In an attempt to remove me another SAPU member was told to occupy my office but fortunately the members preferred to share the office rather than have me thrown out. When this strategy failed, after some months, the member was told to leave the office.

    Then the new supervisor occupied my office during my absence. My stuff and books were thrown out, the lock broken

    and changed; my photos packed in the smoking area - though I don’t even smoke. My stress level increased because the intervention from the area commissioner’s office was either weak or absent.

    Leon Naude arranged a meeting with my work place management. Due to the office head’s arrogance, the meeting could not go any further. A letter was then written to the area coordinator for intervention. Against no change took place. Then SAPU requested the intervention of the provincial commissioner, who referred us back to the area.

    At one stage I was subjected to an illegal identification parade with probationers for doing my job. At this stage I was not allowed to enter any office or help members of the public.

    One Sunday the office head arrived while I was on duty, wearing full uniform, and capturing work on the system. Although on weekend off, he forcefully took my hands off the computer keyboard saying I was not on duty.

    I went to the psychologist who gave me off days for depression and stress. The head disapproved the sick leave and sent me forms of t.i.l. which I took to the psychologist who wrote again

    On 16 January 2012, my rights were violated and dignity tarnished in front of junior and senior members in my absence.

  • SAPU newsletter april / may 2013

    21

    PLAN AhEAD foR LEAVE

    found that no procedure was followed, there was no basis for demotion and the employer was instructed to re-instate me within 14 days. Lastly, the office head I am referring to was dismissed five years ago from the department for his arrogance, undermining authority and bad behavior. That is the kind of management and dictatorship that members face daily.

    From the bottom of my heart I thank SAPU for caring for its members, as well as Naude for his braveness and the role he played in this case.

    E.T.Peter is the Provincial Chairperson of SAPU in the Eastern Cape Province.

    leave approvals with relevant offices that capture leave for commanders approvals.

    It is not worthwhile to leave duties of your approved leave because of ignorance of the agreements. If you are not sure about what to do SAPU will help you through advice.

    We are there to help you and together we can make a difference.

    William Mohale is the Provincial Secretary for SAPU in Gauteng Province.

    that I had work stress and that I must therefore go for an I.O.D.

    The office head refused to grant the g 111 form for .I.O.D. I again wrote another grievance contesting this T.I.L. that I did not apply for, the grievance was never forwarded to the next level.

    On 15 March 2012 my salary was stopped. SAPU again via Leon Naude contacted provincial office challenging this decision. The following months’ huge sums of money were deducted for T.I.L which I never took.

    SAPU saw that there will be no solution to the matter and declared a dispute which was taken to the General Public Service Bargaining Council. After a lengthy period, in which I suffered financially, with my kids struggling to get school fees, and with no petrol money, the case came in my favour. It was

    Being forewarned is being forearmed so the saying goes; and this applies to going on leave during the festive season writes William Mohale.The South African Policing Union (SAPU) in Gauteng is always receiving disputes over leave days. Members are denied their rights to take leave by commanders even during the festive season even though plans would have been forwarded to the commanders.

    Both members and managers fail to plan in advance. The festive season has been there before and will be there in the future.

    Therefore it is important to plan ahead and adhere to the leave policies accordingly. SAPU advises that members should avoid being caught napping by not making follow ups about their

  • SAPU newsletter april / may 2013

    22

    mEmoRABLE DAy

    On 6 March we celebrated the National Police day at Philippi training college. The event was celebrated by hundreds of police men and women from all over the province.

    SAPU Western Cape had a display table setup in the exhibition hall. This table was visited by many SAPU members who updated their details whilst some new members joined the union.

    The Provincial Commissioner Lt. Gen. AH Lamoer and the Provincial Community Policing Forum Chairperson, Mr Hanif Loonat, visited our table.

    SAPU Western Cape Provincial Office Bearers (POBs) would like to thank all the members for making this day enjoyable and very memorable.

    On behalf of the POBs I would thank FTSS W Coetzee and organiser M van Rensburg for assisting will managing the table and helping the member. Graham Daniels, Provincial Secretary, Western Cape

  • SAPU newsletter april / may 2013

    23

    ALUTA CoNTiNUA oN EqUiTy

    The struggle for equality is a never ending struggle and it is for this reason that the South African Policing Union (SAPU) Gauteng province has launched the women’s networking forum writes O.T. Sedibe.

    The common goal was to fast track the process of equality in all SAPU branches in general. The equity act will be meaningless if there would be no vehicle to transport it. In our endeavour to achieve this goal we employed the concept of nothing for us without us.

    The equity targets as sanctioned by the Act are being bypassed by the people responsible for the implementation. During promotions the gaps between different groupings are targeted accordingly and placements are then done in accordance with the policies. However, problems lie with the top cops that are inconsiderate of the laws that govern the workers.

    These high ranking officials will simply transfer the employees’ in helter skelter fashion. The certificate sent to the department of labour for compliance becomes a futile exercise.

    Managers hide behind legal jargon that transfers are done to address the service and not as punitive measures. Therefore the power struggle between the two words, equity and service delivery, are a new space of labour disputes and this is made worse by ignorance of labour laws.

    O.T. Sedibe is the Deputy Chairperson of the Women Network in Gauteng Province.

  • SAPU newsletter april / may 2013

    24

    arts & heaLthhEALThy EATiNg & fiTNESS

    Exercise and nutrition are two elements that strongly influence the chances of staying healthy, as well as a large part of preparing for the police academy, writes Mbali Molefe.

    Proper nutrition helps you to be both physically and mentally prepared. It can also prevent injuries due to the physical nature of work in the academy, as well as achieve or maintain a healthy body weight. Food nutrition decreases the risk of chronic illness such as diabetes, cancer and vascular diseases.A healthy diet is one that provides the daily energy requirements with foods that vary and are denser in nutrition (not just about feeling ‘full’). Below is what can be listed as ‘good food’ that can form part of a healthy diet:

    • Non-starchy fruits and vegetables, including those with red, green, yellow, white, purple or orange pigments such as apples, pears, strawberries, grapes, orange, bananas, melons, pineapple, mango, kiwi, pak choy, asparagus, avocado, green beans, carrots, broccoli, cauliflower, spinach, and cabbage.

    • Whole wheat grains such as brown rice, whole wheat bread, whole grain pasta, etc.

    • Healthy source of proteins such as fish (including salmon, tuna, sardines, etc.), poultry, beans, nuts, and avocado.

    • Healthy and essential oils such as canola oil, olive oil, sunflower oil.

    • Water, tea and coffee.

    ‘Bad food’ or food that must be sparingly taken or even completely avoided:

    • Processed meat (such as bacon, cold cuts, hot dogs, etc.)• Reined grains such as white rice, white bread, white pasta.• Sweets and other sugary foods, as well as sugary beverages.• Saturated fats and trans fats found in mayonnaise, biscuits

    and butter. Along with the above guidelines of constituents of a healthy diet, healthy eating can include the following in its definition:

    • Eating on regular basis; 3-5 times a day – in small portions.• Starting the day with breakfast, 1 – 2 hours after waking up.• Eating vegetarian meals more often, at least once a week.• Ensuring a good balance of carbohydrates, proteins, and fat.

    Not mainly relying on staples for energy.

    • Eating fresh fruits and vegetables that are not overcooked or that are raw.

    • Limit red meat, salt and alcohol.• Not eating late at night (at least 1-2 hours before sleeping).• Avoiding saturated fats.

    Most of the time we get it right with choosing our meal ingredients or components, but lose it when it comes to meal preparation. We cook food to:

    (i) enhance the flavor of the product(ii) tenderize the product thus making it edible and most

    importantly (iii) sterilize the food through the cooking process to render

    it safer for human consumption. The primary ways of preparation that is mostly believed to enhance flavor by most people are frying, adding excess salt and spices, as well as adding highly fatty sauces such as mayonnaise to our food (mainly the vegetables), due to tastes acquired in childhood and preferences for salty, sugary and / or fatty foods. Healthier options of preparing food are boiling, pouching, grilling, etc. Blanching in particular, is a cooking technique that seal most (if not all) the nutrients, flavor and colour of the vegetables, as well as keeping them crisp and tender. So much thought has to be put in preparation process of our food to attain healthy eating.

    Healthier options of what police officers can choose from based on their out-and-about nature of work or even those that are based in offices can include:

    • Muesli with milk or yoghurt; or sensible size cooked breakfast with 1 – 2 eggs, mushrooms, beans and whole wheat toast.

    • Any desired fruit for mid morning snack, e.g. apple, pear or grapefruit.

    • Leafy salad with avocado; any salad dressed with the healthier type of dressing and grilled chicken; grilled chicken sandwiches instead of burgers; whole wheat breads for sandwiches; if you really have to eat a burger choose one with a single patty than double patty with extra cheese and mayonnaise.

    • Drink lots of water, and not more than a glass of fruit juice per day.

    • Any healthy mid-afternoon snack such as a handful of nuts.• Light supper consisting of at least two healthily cooked

    vegetables (potatoes not a preference), fish, etc. Wrapping it up with lots of water or even tea or coffee as per person’s preference.

    A healthy nutrition goes hand in hand with regular exercise or generally keeping active to burn calories. This can be from doing aerobics, 10 – 20 minutes of skipping rope per day, 15 – 45 minutes of jogging per day, to more intense hours of vigorous training at the gym or even cardiovascular training at the comfort of your home. Taking the kids to the park and playing with them over weekends or in your backyard can go a long way in maintaining a healthy lifestyle and becoming fit.

    Mbali Molefe (pictured above) is a Johannesburg-based food and safety technologist.

  • SAPU newsletter april / may 2013

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    ThE iSLAND: ANoThER ViNTAgE PERfoRmANCE

    The Island is attracting full houses at the Barney Simon Theatre at the Market Theatre in Newtown, Johannesburg. Otto Moloto explores the magic that glues audiences to their seats for 90 minutes.

    Theatre veteran John Kani was recently overheard jokingly telling the staff of the Market Theatre that he was confident to take The Island to any theatre in the country: the Baxter in Cape Town, the Playhouse in Durban and the State Theatre in Pretoria.

    Jokes aside, Kani was just in an exuberant mood because The Island, which he directs, packed the Barney Simon Theatre, putting bums on seats when other productions struggle to attract the same crowds.

    Written by Athol Fugard, John Kani, and Winston Ntshona, this latest version of this award winning play that has over the years travelled around the globe, telling a South African story of how black people yearned for freedom and the price they had to pay. The play is humorous and serious today, just like it was yesteryear.

    Kani’s son, Atandwa, and Nat Ramabulana, are the actors. The only difference this time around is that the production now stars young actors. In the past it starred John Kani and Winston Ntshona.

    The world has changed significantly since this play was first performed in 1973, when it was illegal for three playwrights to meet, let alone collaborate on a rebellious piece of literature. But through the creation of this brilliant two-hander, Athol

    Fugard, John Kani and Winston Ntshona brought to life a tale that took the world by storm and helped to persuade America to impose sanctions on South Africa.

    Simply put, The Island tells the story of two prisoners on Robben Island, John and Winston, who are rehearsing a performance of Sophocles’ Antigone. When John learns that his sentence is being reduced, the men’s friendship is tested.

    The play explores the parallels between Antigone’s fight against political and patriarchal boundaries and the imprisoned men’s fight for dignity. The Island stands as a testament to the resiliency of the human heart, spirit and beliefs. However, this play is not necessarily a political lecture, for that would bore the audience, particularly in a democratic South Africa where the political leadership, now at the helm, is made up of former freedom fighters who stood against oppression. The Island is humorous, engaging, but still tells you the story of the struggle.

    It is a play that needs to be watched particularly by the youth of today, especially the born-frees, who do not always necessarily know the full story of freedom and how it was attained and the sacrifices made by people who are now leaders in business and politics.

    The two young actors take the daunting task of performing this classic production like ducks to water. Their performance does exact justice to this Tony Award winning production. Otto Moloto is a publicist and the publisher of Applause magazine.

    Nat Ramabulana, John and Atandwa Kani.

  • SAPU newsletter april / may 2013

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    I agree with one writer: ‘The loss of Ntoni’s memories is as devastating as the burning of manuscripts in Timbuktu.’

    I didn’t know much about Ntoni, until around 2004 when I first heard of his album, The Heritage. The name is surely befitting of the kind of music the album contains. If you listen to the album song by song you will not be disappointed. It is a true reflection of the virtuosity that’s entrenched in the artist. I found myself repeating ‘Seliyana’, each time it played.

    A self-taught bassist who started playing with pop and jazz groups in Cape Town; he was regarded by most as the master arranger. But that is not surprising when you look at his profile.He studied music in the US and worked with the greats like The Ngcukana Brothers, Dave Brubeck, Hugh Masekela, Abdullah Ibrahim, with whom he played in the Dollar Brand Trio, and many others. His velvety voice was a rare element, especially in South Africa and this made him unique. You wouldn’t miss it in some of his songs when he featured other artists on vocals.

    Chester Sesikwe is a Pretoria based jazz admirer

    As an ardent lover of jazz music I perpetually dreamt of visiting the Mother City one day for the annual Jazz festival and be mesmerised by the majestic sounds of this beautiful music.

    Never had I been that excited, when a dear friend called to tell me the pleasant news that he had bought me a ticket to this year’s Cape Town International Jazz Festival, accommodation included.

    That in itself was exciting, but even more was the fact that my idol, inspiration, and beloved musician, Bra Victor Ntoni, was also billed to perform. Can you imagine the excitement? I felt like a little boy successfully riding his new bicycle for the first time.

    I was only requested to take care of transport costs, which was not a problem at all. I had already figured out a few of my liabilities that I could afford to skip that month, without getting into trouble. The feeling was so exhilarating to an extent that I was anxious that time was moving slowly.

    The shock came a few days later. Victor Ntoni had passed on. All was spoilt for me. Cape Town lost its glamour. That I never had the opportunity to see Bra Victor performing live, and that it was never to happen, was too devastating.

    ViCToR NToNi: TRiBUTE To A jAzz NoBLE

    If you listen to the album song by song you will not be disappointed. It is a true reflection of the virtuosity that’s entrenched in the artist. I found myself repeating ‘Seliyana’, each time it played.

  • SAPU newsletter april / may 2013

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    Zambia has a long history of trade unionism. The White miners’ union was recognised by the mining companies as early as 1937. In 1947, the Northern Rhodesia African Shop Assistants Trade Union, the first black trade union, was formed. By 1948, a second African trade union was formed called the Northern Rhodesia African Mineworkers’ Trade Union, a forerunner of Mineworkers Union of Zambia (MUZ).

    In 1952 the first federation of trade unions was formed known as Northern Rhodesia Trade Union Congress (TUC) with Lawrence Katilungu as its first president. The federation was not strong and a sprinter union was formed in the early 1960’s called the Northern Rhodesia Reformed Trade Union Congress (RTUC). By 1961, however, the two federations merged to form United Trade Union Congress (UTUC).

    Due to financial problems, the UTUC was dissolved in 1965. In the same year, the Zambia Congress of Trade Union (ZCTU) was established through an Act of Parliament and recognised as the only federation on 10 January 1966 under the Trade Union and Trade Disputes Ordinance of 1949.

    Workers played a key role during the period of heightened resistance in the late 1950s and supported Zambia’s first president, Kenneth Kaunda, in the struggle for independence.

    Between 1965 and 1994, the ZCTU was the only national centre. However, the liberalisation or deregulation of the labour market engrossed wide ranging labour law reforms such as the amendment of the Employment Act and Industrial and Labour Relations Act in 1997. The amendment implied the abandonment of the ‘one industry one union’ principle and removed the prescription of the ZCTU as the only recognised labour federation.

    This regulation was seen as a hindrance to the International Labour Organisation Convention 87 on freedom of association and protection of the right to organise which it ratified in 1996. The new labour laws allowed for the formation of trade unions and trade union federations. This gave rise to splinter unions which saw the increase of unions from 17 in 1990 to about 40 in 2012. This growth in trade union organisations coincided with the fall in overall trade union members. This only added to the problem of fragmentation of trade unions and which in turn led to loss of trade union strength. By ratifying Convention 87, therefore, the labour movement became divided and weakened.

    Multiplicity of unions have led to inter-union rivalries, which ultimately cuts at the very root of unionism, weakens the power of collective bargaining, and reduces the effectiveness of workers in securing their legitimate rights. The existence of different conflicting or rival organisations, with divergent political views, is greatly responsible for inadequate and unhealthy growth of the movement. Consequently, the average size of membership per union reduced resulting in weak financial position of unions. Weak finances cause severe handicap for each of the unions and a weak union cannot initiate strong arguments during negotiations.

    Due to sprinter trade unions, each union gets a small portion of total workforce of the establishment. It is difficult for all the unions to come together and make a single charter of demands.

    This makes their bargaining power very weak. Additionally, because of union rivalry, unions attempt to play down each other to gain better hold on the workers. As a result, workers lose interest in unionism.

    In realising the importance of a united and strong labour movement particularly in Zambia, there is a general feeling within the labour movement and among

    stakeholders of the importance of working together. As such a number of initiatives are being explored. These initiatives on trade union integration must be seen from a broader context of both inter as well as intra union cooperation.

    In this regard, the ZCTU in collaboration with the Friedrich Ebert Stiftung have been organising workshops for affiliates to allow unions to examine options of working together including merging. The latest being a workshop organised by ZCTU to enable unions to discuss the challenges of sprinter unions.

    It is hoped that these initiatives will help trade unions realise the significance of unity of the labour movement. We remain optimistic to see the results of these initiatives.

    Humphrey Fumpa is the Director of Research and Information for the Civil Servants and Allied Workers Union of Zambia

    afriCa & worLdSTATE of TRADE UNioNS iN zAmBiA

  • SAPU newsletter april / may 2013

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    Book REViEW

    The smoke that calls: Insurgent citizenship, collective violence and the struggle for a place in the new South Africa (Society and Work Development Institute at the University of the Witwatersrand and the Centre for the Study of Violence and Reconciliation, 2011) by Karl von Holdt and others.

    Reviewed by Elijah Chiwota

    In 2008 South Africa and the rest of the world were shocked by the xenophobic violence that gripped Alexander Township in Johannesburg before spreading to other parts of the country and the police were some of the government institutions that were blamed for doing nothing to stop the violence.

    Among other things, the police were blamed for their ‘absence’ and also for ‘unnecessary provocative violence.’ They were accused of doing little to protect foreign nationals and also for beating up and torturing protest leaders thus leading to running battle with the youth.

    The violence left destruction and misery in its wake including attacks on foreign African nationals in 135 locations resulting in the death of 61people, 21 of them South Africans.

    Other reports say the numbers could be higher while those displaced from homes were over 100, 000.

    The title of the report comes from the voices of community protesters in justifying the use of violence. ‘The premier undermines us. He’ll see by the smoke [that] we’re calling him’. This will be smoke from burning tyres or even a councillor’s house.

    However, the communities said they used violence as a last option. ‘Violence is the only language that our government understands. Look we have been submitting memos, but nothing was done. We became violent and our problems were immediately resolved. It is clear that violence is a solution to all problems’.

    Communities also said they were responding to official arrogance. ‘It is an insult to my intelligence for people to think we are marching because someone has bought us liquor. We are not mindless. People, especially you who are educated, think we are marching because we are bored. We are dealing with real issues here. Like today, we don’t have electricity. We have not had water for the whole week.’

    The report is made up of eight case studies from small rural towns and large urban areas that include informal settlements around Johannesburg.

    A joint effort between the Society and Work Institute and CSVR (Centre for the Study of Violence and Reconciliation), the report brings us closer to a deeper understanding of community protests and xenophobic violence.

    Although xenophobic violence was different from community protests, the report found similarities. In some cases, the same organisations that organised protests were at the centre of the protests and attacks.

  • SAPU newsletter april / may 2013

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