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I N S I D E

T H I S I S S U E :

Meeting time

again

1

Message from

president

2

Community of

practice

3

Meet the execu-

tive

4

Back to the

future

5

Case law 7

Time for change 8

2 0 1 6 / 0 5 I S S U E 2

www.impsa.co.za

IMPSA Code of

Conduct

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Personalia 12

LLM in Local

Government

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Benefits of being

a member

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Photo Page 15

Back page 16

THE OFFICIAL COMMUNICATION FOR ALL IMPSA MEMBERS

IMPSA Institute Board Meeting: 6 May 2016

A sincere word of thanks to the Norlanga Branch for hosting the Institute Board Meeting on

Friday, 6 May 2016. Members of the Institute Board were treated to a very special meeting

at the Berg en Dal Bush Camp in the Kruger National Park. After arriving on 5 May 2016 as

well in the as early morning of 6 May 2016, members had the opportunity to go for game

drives through the Park and several members were extremely lucky to see the Big Five (Lion,

Elephant, Buffalo, Leopard and Rhinoceros), as well as many other animals like zebra, impala,

waterbuck, warthogs, giraffes and many more in such a short timespan. On Thursday

evening the members were treated to a braai at the camp, with the sounds of lions roaring in

the background as well as elephants breaking the branches of trees and monkeys fighting in

the trees. A very exciting evening for all present.

Matters discussed at the Institute Board meeting included Topics for the free workshops to

be held nationally, progress on the arrangements for the International Conference taking

place from 24-26 October 2016 at Emperor’s Palace (see article elsewhere in the newsletter)

as well as progress made with the actions identified in the Strategic Plan. The Institute Board

members concluded the meeting re-energised and excited about the months ahead before

the next meeting, ready to continue with their responsibility of building IMPSA into the

leading voice for the HR profession in local government.

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Message from the President

Thank you for reading the second edition of IMPSA News! We are excited

that this edition will be as informative to you as the previous one. As

promised, the newsletter is published quarterly and strives to bring news

and pertinent information regarding relevant topics in human resources to

IMPSA members and all HR staff in municipalities nationally. Our goal is to

provide useful information in an easily navigated format. In this edition we

share some interesting case law regarding the emergence of a new Union,

the Municipal and Allied Trade Union of South Africa (MATUSA) as well as

Labour Appeal Court judgement regarding sexual harassment and an

interesting article about how to deal with change in light of the upcoming

municipal elections.

IMPSA is further extending the invitation for members as well as non-

members to become part of our Community of Practice. The focus for the

CoP is not managerial, but operational. We therefore urge HR Practitioners

to join the CoP in order to establish a national network of experts in their

specific HR disciplines who can support each other. Please join us!

This publication and all future publications can be found on the IMPSA

website (www.impsa.co.za). The editorial team hopes that you will find the

second edition of IMPSA News very informative.

Please send us your comments and critiques in order for us to ensure this

newsletter serves our audience in the best way possible. We also

encourage you to share this newsletter with your colleagues and contacts

who may be interested in the information provided. Let us know if there are

any topics that you want us to cover in the IMPSA News. Thank you for

your continued interest in IMPSA, and we look forward to your feedback.

Sincerely

Sunet de Jongh (President)

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IMPSA’s Vision 2020 is to be the leading voice and a career partner for the human resources

profession in the local government in Southern Africa. The mission statement flowing from the

vision is to promote the interests of the Human Resource practitioners in local government to

enable them to render professional and ethical services to their clients.

One of IMPSA’s core values is Continuous Learning. The Institute and its members value

continuous development of the IMPSA and HR profession in the local government.

Our definition of victory for the IMPSA Vision 2020 is to become a career partner. In order to

obtain this, a resolution was taken at our most recent strategic session to establish a Community

of Practice (CoP) for all human resources disciplines in local government as support role-players

to engage with each other as well as members on a systematic basis to share information,

lessons learnt and good practices related to HR management in local government. A CoP is

formed by people who engage in a process of collective learning in a shared domain of human

endeavor. In a nutshell:

A CoP is a group of people who share a concern or a passion for something they do and who

interact regularly to learn how to do it better.

A number of characteristics explain CoP’s as a vehicle for developing strategic capabilities in organizations:

CoP’s enable practitioners to take collective responsibility for managing the knowledge

they need, recognising that, given the proper structure, they are in the best position to

do this.

Communities among practitioners create a direct link between learning and performance

because the same people participate in CoP’s and in teams.

Practitioners can address the tacit and dynamic aspects of knowledge creation and

sharing. CoP’s are not limited by formal structures; they create connections among people across

organisational and geographic boundaries. The concept of CoP is influencing theory and practice in many domains. It has now become the foundation of a perspective on knowing and learning that informs efforts to create learning systems in various sectors and at various levels of scale, from local communities to single organizations, partnerships, cities, regions, and the entire world. If you are interested in contributing to the development of this CoP and/or if you would like to be

a member of the IMPSA CoP, please submit a detailed Curriculum Vitae together with a letter

indicating your area of expertise and motivating why you should be included in the IMPSA CoP,

to Abongile Swelindawo at swelindawoa@swartland.org.za by 30 June 2016.

COMMUNITY OF PRACTICE

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Tell us more about yourself and your work position?

I started my career in Local Government as Training

Officer at Nelspruit Town Council in 1987. I moved

through all the disciplines of Human Resources during

my tenure and is currently responsible for managing

recruitment and selection, organisation development

and individual performance management at

Mbombela Local Municipality.

Mbombela Local Municipality covers the towns of

Nelspruit, White River, Hazyview, Kanyamazane,

Kabokweni and Matsulu in an area of approximately

3500 square kilometres.

Managing Human Resources at Mbombela Local

Municipality and serving a diverse community in such a

vast municipal area keep my work challenging and

fulfilling.

I am married to Frieda and we have two children and

two grandchildren.

What did you want to be when you were a child?

I grew up on a farm in the Waterberg district in Limpopo 10 kilometres out of town and used to

watch the road maintenance teams grading the gravel road after a thunderstorm and admired

their skills in doing the final cut. I wanted to be that man in the Grader.

It did not turn out that way and I still admire the skills of the people operating those big yellow

machines.

What was your first job?

I studied B.Com (HED) to become a teacher but I did not do the Higher Education part and joined

Volkskas Bank. I then moved on to the Development Bank of South Africa as Training Manager

which move started my career in Human Resources.

What do you do in your spare time?

I read a lot (anything that is not nailed to the floor), do some amateur photography especially in

the Kruger National Park and love to travel both locally and occasionally abroad.

My wife hails from Namibia and we spend quite some time visiting family and friends over there.

What changes do you bring for the institute?

I became a member of the Institute in January 1989 and was an active member ever since.

I am the current National Treasurer and Treasurer of the NORLANGA Branch, two positions that

keep me pretty busy and informed about the activities of the Institute.

My main purpose is to ensure sound financial practises and good financial governance thereby

ensuring that member contributions are properly managed and taken care of.

Nic Erasmus (National Treasurer)

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Inter-union competition can be expected to intensify in the run-up to the launch of South Africa’s newest trade union federation, as unions supporting the new movement and those loyal to Cosatu try to increase their membership. This may give rise, most obviously, to recognition disputes and disputes over organisational rights. The CCMA’s award in MATUSA obo Members v Stellenbosch Municipality & others (Case No.: WECT 15859-15, 22 March 2016) gives some insight into how commissioners may deal with the latter type of dispute.

The matter arose from an attempt by the Municipal and Allied Trade Union of South Africa (MATUSA) to gain organisational rights at Stellenbosch Municipality. The union, which is aligned with the emergent federation, has been formed by disgruntled former members of SAMWU, which is a Cosatu affiliate Significantly, its application was opposed by SAMWU and IMATU but not by the Municipality or the municipal employers’ association (SALGA).

This is not completely surprising. SAMWU and IMATU currently make up the labour side at the local government bargaining council, SALGBC, and between them organise a majority of employees at Stellenbosch Municipality. However, the emergence of AMCU in the mining sector has shown the effect that a minority union can have on established unions and bargaining arrangements if it is seen to defend workers’ interests which the latter are neglecting.

Specifically, MATUSA was claiming organisational rights in terms of section 12, section 13 and section 15 of the LRA – that is, access to the workplace, stop order facilities and leave for trade union activities. One problem was that the national bargaining council agreement, applicable to the entire local government sector, prescribes a 15% national membership threshold before a union may be granted organisational rights.

However, MATUSA relied on the new section 21(8C) of the LRA – enacted to modify the rigidities of the LRA’s majoritarian system – which provides that section 12, 13 and 15 rights may be granted to a union “that does not meet thresholds of representativeness established by a collective agreement” if that union represents “a significant interest, or a substantial number of employees, in the workplace”.

It was common cause that MATUSA represented 15% of the workforce at Stellenbosch Municipality, compared to IMATU’s 29% and SAMWU’s 25%. Coincidentally, 15% was also the national threshold agreed to by IMATU and SAMWU - which, wisely, the latter two unions did not claim to be insignificant. Instead, they sought to persuade the commissioner that, despite section 21(8C), the national threshold must prevail.

MATUSA, they argued, was “opportunistic” in trying to “circumvent” the main agreement. If organisational rights are granted at an individual municipality, they said, “the system of cooperative governance, as prescribed by the Constitution, including the main collective agreement, will be undone”. Perhaps more to the point, they warned that granting organisational rights to MATUSA would “interfere with the Bargaining Rights that they enjoy at the Council level” (paras 18, 46 and 56 of award).

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The first question was whether Stellenbosch Municipality constitutes a “workplace” as referred to in section 21(8C). “Workplace” is defined in section 213 of the LRA as “the place or places where the employees of an employer work”. But, if an employer carries on two or more operations, these will be separate “workplaces” if they are “independent of one another by reason of their size, function, or organisation”.

How to apply these criteria has often proved to be controversial and, if anything, commissioners and courts have been cautious in recognising different branches or sites of an organisation as “independent” workplaces. In the present case, however, the commissioner had no hesitation in ruling that the municipality was an “independent entity” (para 57).

There can be little doubt that this finding is correct. The large (sometimes extremely large) size of municipalities, the fact that each is accountable to a different electorate and that they operate under vastly different conditions, which must impact on their functions and organisation, all point in this direction.

The commissioner also accepted that MATUSA, with 15% membership, had a “significant interest” in the workplace and that, on this basis, section 21 empowers the CCMA to grant organisational rights at the workplace despite the threshold stipulated in a collective agreement.

The commissioner also responded to the concerns raised about the integrity of the national collective bargaining structure, pointing out that MATUSA had applied for organisational rights and not for bargaining rights. Of course, building support through the proper use of organisational rights may place a union in a position to claim recognition as a bargaining partner.

But this is the very purpose of organisational rights, interpreted in accordance with the LRA’s purpose of promoting “social justice, labour peace and the democratisation of the workplace” (s 1). There can be no justification for seeking to compel workers to be represented by a union in which they have lost confidence by preventing another union from seeking to represent them through democratic means.

This also answers the argument by IMATU and SAMWU that it would “make little sense to grant organisational rights” to MATUSA because, with 15% membership, “it does not have the ability to meaningfully bargain collectively” (para 47). The reality is that MATUSA’s membership may not remain where it is and that the union might qualify for membership of the bargaining council in due course. Whether it does will depend on many factors, not least its track record compared with that of IMATU and SAMWU from here on.

Significantly, the award records that MATUSA has declared similar disputes with various municipalities, of which five have already been referred to the CCMA and another three are pending.

If this represents a broader trend, also in other sectors where established unions have lost support, trade unionism in South Africa could potentially be shifted away from the centralised, bureaucratised mould it has fallen into over the past two decades and regain something of the energy, accountability and responsiveness to members’ needs which had characterised it in earlier years.

If this happens, the collective bargaining landscape could change significantly – and, with certain political leaders reliant on the unswerving support of loyal trade union allies, so could the political landscape.

Darcy Du Toit. Article borrowed from the IR Network (6 May 2016)

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BACKGROUND

“After dinner at a guest lodge during a business trip to Botswana, Adrian Simmers (hereinafter

referred to as ‘the Respondent’ or ‘Mr. Simmers’) invited another guest, Catherine Markides

(hereinafter referred to as “Ms. Markides”) to his room. Ms. Markides was not a co-employee but

an external consultant who worked for Loci Environment (Pty) Ltd. Mr. Simmers and Ms.

Markides were both in Botswana relating to a joint project their companies were working on.

According to Ms. Markides, the Respondent, in addition to the room invitation, told her that he felt

lonely and made advances towards her. She refused the request and the Respondent asked her

to phone him in the middle of the night if she changed her mind.

According to the Respondent, he asked Ms. Markides once and half-jokingly, ‘do you want a lover

tonight?’ After Ms. Markides rebuffed the request, he said to her: “come to my room if you change

your mind”. This was merely a once-off incident and he did not persist with his conduct after she

rebuffed him.

Ms. Markides complained that she felt insulted and shocked by the Respondent’s conduct and

also voiced concern about comments made by the Respondent about another male colleague

who was present at the lodge, a one Mr. Le Roux. After she informed the Respondent’s

employer, Campbell Scientific Africa (‘the employer’) about the incident, the Respondent was

charged with sexual harassment and was subsequently dismissed.

For the full judgement follow the link :

“DO YOU WANT A LOVER TONIGHT?”

FOUND TO BE MORE THAN JUST TRYING

HIS LUCK –

THE LABOUR APPEAL COURT’S REVIEW

http://www.justice.gov.za/labourcourt/jdgm-lbc/2014lbc/C751-13.pdf

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The change may come – or maybe not? How do you, as an HR practitioner, help the personnel deal with

these changes?

By: Karel van der Molen

By the time that you read this article the formal promulgation of the local government elections will have taken place and the election machinery, both at political as well as administrative level will be grinding into gear. And so, between now and the end of the first week of August 2016 it will be a time of high politics and high pressure for many working in the local government environment. The very nature of everything that an election brings about most does affect everyone to a greater or lesser degree. But for many, life will just go on as before – the daily responsibilities must be attended to, customer and client needs must be dealt with as the work of the municipalities continues. But, having said that, it is important to say that there will, inevitably, be some changes that will take place. There will be, in many instances, a whole raft of new politicians, there could be changes in political leadership and these will, equally inevitably, bring about not only new leadership teams but also new leadership styles – some of which may differ quite radically from what was there before. There could be change! Or not! You just don’t know …… And so, how do you, as an HR practitioner prepare the officials for the possible change? What do you do to help the officials cope with the issues? And, equally important, do you have a support structure to help you? So often, it is expected of the HR practitioner to “keep your head when all about you are losing theirs”. It has been my experience, over the years and when dealing with the issues of change, that no matter how small the issue may appear to us as HR practitioners, it could be something which fills the mind of the affected person with all manner of emotions and which could have an effect on their work and productivity. So what do we need to do? Firstly, respect the person’s privacy and keep confidential any discussions which you may have with them,

they have come to you as a trusted individual and someone that they feel they can communicate with and share their feelings at this (for them) difficult time.

It is important at the outset to let everyone know that we are constantly available to assist and guide and be

a “willing ear” for those who are feeling concerned, fearful or just plain uncertain about what the future might hold in for them – remember, in most, if not all cases, this is not about them, it is about their immediate families and other dependents. It is, oh so wrong for us to say something like “don’t worry, nothing will happen” or “you really don’t have to be concerned – your job is assured”. Nothing in this world, as we know only too well is certain – except death and taxes. So, our words and actions must always express our willingness to help and show that we do indeed care.

It then goes without saying that one must be a good listener and allow the person sitting opposite us to be able to talk things out and also then come to terms with and accept potential or actual negative situation. What is important as well is that we should never start a “blame game” – “it’s what one can expect from that political party” or “so-and-so is that type of person”. In many instances the situation has arisen for completely different reasons, but it is then easy to point the fingers at someone else.

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Coupled with that is also the need to present facts and constructive possibilities that might arise out of this situation. This must be dealt with in a very sensitive manner as one does not want the person to get the feeling that you are trying to fob them off with ideas and options – they must be gently taken (you will notice I did not say “led”) to the place where they begin to see that there may well be some prospects and opportunities in the future.

It may also be that you, as an experienced HR practitioner, realise at a particular point that the issues that the person is asking for assistance and guidance on are beyond your areas of expertise. You see that there is possibly professional help that should be sought to help the person over the difficulties at this time. In that instance, arrange this if the person is unable to do so, or encourage the person to see the help. It could also be that the person needs help with something a little more mundane, such as a CV or a covering letter, should they take the decision to leave the service of the municipality and seek opportunities elsewhere.

I have no doubt that each of you reading this have some very good ideas as to how to deal with this workplace

change which may (or may not) take place and I would certainly encourage you to share these with your colleagues

– always bearing the IMPSA Professional Code of Conduct at the forefront of everything that you do! It is important

to emphasise that approaching change at work with a supportive, challenged and self-confident staff will deliver a

long-term win-win result for you, them and for the employer – and ultimately for the service delivery to the

community.

Karel van der Molen is an Extraordinary Lecturer at the School of Public Leadership at Stellenbosch University and

an admitted attorney and Master HR Practitioner. He serves on the Western Cape Committee of the South African

Board for People Practices and the COMENSA Ethics Portfolio Committee and can be contacted at kvdm@sun.ac.za

or 083 444 5891.

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PROFESSIONAL CODE OF CONDUCT OF THE INSTITUTE OF MUNICIPAL

PEOPLE PRACTITIONERS OF SOUTHERN AFRICA

1.1 Definitions

Subject to any provision of law, unless the context otherwise indicates, the

same meaning is ascribed to the various terms defined herein as that which is

defined in clause 1 of the Memorandum of Association.

2 INTRODUCTION

2.1 The Institute Board is of the opinion that a professional code of conduct,

comprising general principles which members must observe, shall serve as a

guide for all members to uphold the highest standards of integrity and

independence which is fundamental to the profession of personnel

practitioners.

3 GENERAL

3.1 A Personnel Practitioner

3.1.1 Shall make the public interest his priority in the execution of his

responsibilities to his employer, employee, or client and the profession;

3.1.2 Shall conduct him in such a way as to uphold the dignity, esteem and good

name of the profession;

3.1.3 Shall fulfil his duty toward his employer, employee or client to the best of his

ability;

3.1.4 Shall not accept work for which he is not adequately trained or does not have

sufficient experience;

3.1.5 Shall not recruit or solicit professional employment in an improper manner;

3.1.6 Shall not advertise his professional services in a self-laudatory manner or in

any other way which is detrimental to the dignity of the profession;

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4 PERSONAL INTERESTS

4.1 Members serving in municipalities shall abide by the rules relating to those

bodies, in particular any provisions concerning divulging financial interests. If

there are no such provisions, members shall voluntarily reveal any interests in

the same way as is expected of Board members.

4.2 The adopted principle is that the interests of the employing body shall prevail

at all times and a member may not, under any circumstances, profit by or

receive commission from any transaction in which the municipality has an

interest, either directly or indirectly, irrespective of whether the municipality is

adversely affected by it or not.

5 HOSPITALITY AND GIFTS

5.1 No member of the Institute may receive gifts arising from his professional

work, with the exception of presents of such a nature as to be regarded only

as mementos, or not such gifts influence him or are meant to influence him in

the execution of these professional duties.

6 ADVICE TO MUNICIPALITIES

6.1 It is the duty of every member to promote the manpower principles of the

municipality which he serves and, when necessary, openly and clearly to give

advice concerning the financial consequences of any proposed action. He

himself shall abide by all requirements of law and ensure that the law is

applied in all activities with which he are directly involved or of which he is

aware.

3.1.7 Shall not compete for work in an unethical manner;

3.1.8 Shall not maliciously or recklessly damage the good name, prospects or

interests of any other person or organisation, either directly or indirectly;

3.1.9 Shall not use, for his personal gain, or make public any information

concerning any person or organisation with which he has dealings in

practicing his profession. In a court of law professional privilege will only be

broken in compliance with an instruction of the presiding office in the court;

and

3.1.10 shall at all times and in all circumstances, as regards personnel practice, act

in accordance with the regulations as prescribed by the South African Council

for Personnel Practice.

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I would like to announce the passing of

IMPSA’s former President Ms Maria

Masekela who passed on the 9th April 2016

at the age of 75 after suffering from a stroke

attack in August 2015. She was buried on

the 16th April 2016. She was in the Gauteng

Branch until her retirement in September

2006.

We would want to congratulate Mr Thami

Sidzamba who partook in the Tsogo Sun

Amashova Durban Classic cycling event and

finished the 106km in 05h09 minutes. The

cycling race was from Pietermaritzburg to

Durban, where the finishing line is at the

Moses Mabhida stadium.

The best and most beautiful

things in the world cannot

be seen or even touched.

They must be felt with the

heart.

Challenges are what make

life interesting and over-

coming them is what

makes life meaningful.

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IMPORTANT NOTICE

Name of module

Prerequi-site mod-ule code, where ap-plicable

Co-requisite module code, where applicable

Major Yes/ No

Compul-sory Yes / No

Year of study

Delivery mode: Contact / Distance

Legislative Drafting: Drafting of By-Laws

N/A N/A Yes Yes 1 Contact via Block release

Local Government Law N/A N/A Yes Yes 1 Contact via Block release

Local Government Procurement Law

N/A N/A Yes Yes 1 Contact via Block release

Individual Employment Law N/A JML503

JML515 Yes Yes 1 Contact via

Block release

Collective Bargaining and Col-lective Labour Law

N/A JML503

JML515 Yes Yes 1 Contact via

Block release

Treatise JML501 JML503 Yes No 1 Distance

Treatise (Local Government Law)

TBA 2 TBA 3 Yes No 1 Distance

LLM Research Seminar N/A N/A No Yes 1 Contact

The Nelson Mandela Metropolitan University is considering implementing a coursework LLM

with a local government focus at its George Campus in 2017.

The contact sessions will be in blocks of one week at a time and it will be offered over a

period of 2 years.

The admission requirements and the modules are listed below.

The labour law modules will be local government aligned to local government.

Prof Hennie van As has requested that recipients be informed of the proposed initiative and

to enquire whether you may be interested in enrolling for such course should it materialise.

ADMISSION REQUIREMENTS

Unless Senate decides otherwise, candidates shall be admitted to the studies for the

Master of Laws/Magister Legum coursework and research degree only if they

Have obtained an average mark of at least 60% for the degree of Bachelor of Laws/

Baccalaureus Legum or the equivalent thereof, or

Have, in the opinion of Senate, attained through practical experience or otherwise a

level of competence which is adequate for the purpose of postgraduate studies in

Law.

TABLE A: Technical information

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LLM WITH LOCAL GOVERNMENT

FOCUS

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Categories of Membership

New applications are admitted as Members

Practitioners

A Member who is in possession of a NQF-Level 6 tertiary qualification may apply to be

upgraded to Practitioner member if they have gained extensive experience in HR practice of at

least 5 years in Local Government. The administrative fee to be admitted as Practitioner is a

once-off R250 and a full Curriculum Vitae has to be submitted to the National Secretary for

submission to the Institute Board.

Fellow

A class of membership of the Institute of which a person may be elected by the Institute Board

in terms of Clause 2.4 of the Regulations of the Institute.

Honorary Member

A class of membership of the Institute of which a person may be elected by the Institute Board

in terms of Clause 2.7 of the Regulations of the Institute.

Benefits of Membership

Becoming a Member of IMPSA has several benefits for individuals, the most important being the

opportunity to network with other HR Practitioners at municipalities.

Other benefits include:

Free Workshops on HR matters pertaining to municipalities

Forums to discuss matters of mutual interest

Attendance of Workshops and the Annual International Conference at a reduced rate

Voting rights at Branch and Annual AGM

Cost of Membership

Membership fees are R300 per year payable in March every year. In the event of joining

IMPSA later in the year, new members are required to pay the Pro-Rata amount as set out

below:

Joining Month Pro Rata Amount Joining Month Pro Rata Amount

March R300 September R150

April R275 October R125

May R250 November R100

June R225 December R75

July R200 January R50

August R175 February R25

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Editor-in-Chief

Abongile Swelindawo

This is Bill

Bill is a member of IMPSA

He plans on going to the conference

Help bill find his way

Bill is smart

Be like Bill