Wednesday, 18 November 2009

Substantive Negotiations

The ruling in respect of the Substantive Negotiations.

Keobokile Mosweu now wants to delay the process with all sorts of technical arguments.

It helps to get the right man for the right job....

1  At the last sitting of this matter on 4 November 2009, I indicated to both
parties that the matter would have to proceed to the next stage of the
enquiry, being the hearing of viva voce evidence in light of the fact that a
dispute of fact exists and it is trite law that same may only be resolved
through the aforementioned process.
2 To this end, I direct that the SABC must extend the life of this process to
20 November 2009.  
3 I further direct that my terms of reference as well as the main agreement
creating  this process, be amended and that the words “mediation” and
“mediator” (as same appear in both documents), be substituted with the
words “arbitration” and “arbitrator”. The process is therefore akin to a Con
Arb. The aforementioned documents (which documents I direct be
amended refer to” Mediation”, mediator” and are therefore confusing). The
“mediator” is called upon, in the aforementioned documents to “finalise”
the dispute and to make a “determination” which determination will be
“binding”(according to feedback relayed to me by the SABC and the
affected union parties.) I sought audience with the Board to seek clarity
from the Board but was prevented from doing so by the SABC
representative. This much became obvious during the proceedings. The
representative in question further prevented the parties from making
 concessions as directed by me and instead argued that I had exceeded
my mandate after I had so directed the parties. The SABC representative
further insisted that I finalise my report after the last sitting of the process
in spite of the issues I had highlighted on record. The SABC
representative’s attitude was totally disruptive and unprofessional.
4 In an attempt to finalise the matter I further direct the SABC  to make the
following persons available on 13 November 2009 (and to arrange that
the below-mentioned persons remain in attendance until the matter is
disposed of):
4.1 Mr Sipho Sithole;
4.2 Mr Eddy Molokoane;
4.3 Someone responsible for the administration of the SABC’s
pension fund;
4.4 Someone responsible for the administration of the SABC’s
housing subsidy;
4.5 Someone who can speak authoritatively on the medical aid
scheme of the SABC;
4.6 Someone who can speak authoritatively on the SABC’s group life
4.7 Someone who can speak authoritatively on TCOE;
4.8 The SABC’s lead negotiator during the 2008 negotiations with the
affected unions;
4.9 The affected union’s lead negotiator(s) during the 2008
negotiations with the SABC;
4.10 The two parties’ (SABC and the affected unions’) witnesses (if
5 The matter is to proceed before me on 13, 16, 17, 18, 19 and 20
November 2009.  
10 November 2009   

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