Judge Tapiwa Gadidze dismissed the application on Monday (17/8) after refusing condonation for its late filing. The decision leaves intact the court’s 30 April judgment that the takeover of Mangaung Correctional Centre by correctional services from G4S constitutes a transfer of business under Section197 of the Labour Relations Act.

The centre transferred to the department on 1 July after the concession with G4S ended. Section 197 generally provides for employees to transfer automatically to a new employer when a business is transferred as a going concern, with existing employment rights and obligations remaining in place.

Spokesperson for the affected former employees Lesly Ramathibe welcomed the latest ruling and said it reinforced their position that workers should have transferred automatically to correctional services. The group is now demanding implementation of the April order after spending almost two months without work or salaries.

“The ruling rubberstamps the 30 April ruling of Section 197 as transfer of business where employees have to be automatically absorbed by the department,” Ramathibe said.

He accused the department’s leadership of failing to implement the court order despite the financial hardship facing former employees. By 31 August, affected workers will have gone a second consecutive month without salaries, while some are struggling with debt repayments, school costs, transport and lapsed funeral policies.

Ramathibe also questioned who was holding national commissioner Makgothi Thobakgale accountable for implementing the ruling. He argued that leaving the workers unemployed runs contrary to government’s Batho Pele principles and adds to unemployment in the province.

Correctional services said it was studying the latest judgment before deciding on its response. The department maintains that it respects the judicial process and continues to engage organised labour on matters affecting employees.

“The department respects the judicial process and will consider the judgment carefully before making any further comment,” DCS spokesperson Singabakho Nxumalo said.

The dispute dates back to the Labour Court’s April ruling that employees of G4S Correction Services (Bloemfontein) would transfer automatically to DCS when the concession agreement and operating subcontract ended. DCS and correctional services minister Pieter Groenewald sought leave to appeal the entire judgment.

Their application was filed on 21 May, two days after the deadline, followed by a condonation application on 25 May. The respondents opposed both. DCS argued, among other things, that the court had wrongly applied the test fora seamless business transition and that certain services would not transfer to the department.

The department also argued that Section 197 could not apply because its fixed or core assets did not form part of G4S’s business. The court found that these arguments had already been addressed in the main judgment, including uncertainty about catering and healthcare services.

All papers in the appeal application had been filed by 12 June, Gadidze noted. She apologised for the delay in delivering judgment after only becoming aware on 6 August that attorneys had written three letters asking that the matter be prioritised.

The former workers will now await the department’s next step. They maintain that implementation of the April judgment should result in their return to employment and restoration of the rights and benefits attached to their positions at Mangaung Correctional Centre.

OFM News/Kekeletso Mosebetsi sm

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