Ms B S Mabandla
The Minister of Justice and Constitutional Development,
Private Bag X 81
Pretoria

Dear Madam Minister,

Statement of Unhappiness - Salaries of Legal Professionals and Administrative Employees in the Legal Aid Board.

1. I have been instructed by the Management Committee of our Union to address this letter to you as the Minister of Justice and Constitutional Development.

2. The South African Parastatal and Tertiary Institutions Union (SAPTU) is a registered Trade Union and we have a recognition agreement with the Legal Aid Board. Legal professionals within the Legal Aid Board are also members of our Union.

3. We are aware of the fact that there is at present a process of ensuring alignment of salaries of legal professionals within government departments by a task team led by the Department of Public Service and Administration (DPSA) and that the Legal Aid Board is part of the task team.

4. Legal professionals in the Legal Aid Board are now for years being underpaid as compared with their colleagues in the justice sector. Expectations were created that the processes being embarked upon in the task team of the DPSA would have the end result of improving the salary situation of legal professionals within, inter alia, the Legal Aid Board.
4.1 The following comparison with NPA entry salary illustrates the disparity of salaries and gross injustice to legal practitioners at the Legal Aid Board.

5. At this point in time it appears that expectations created for a better salary dispensation in the Legal Aid Board is frustrated by the fact that the process within the DPSA is taking too long with no definite date when or if it will ever materialize.

6. Flowing from the aforementioned paragraph it is our submission that the Legal Aid Board can expect an exodus of employees because no informed decisions can be made about their careers because of uncertainty regarding their poor salary positions.

7. We reasonably believe that LAB'S Constitutional mandate to render legal representation to indigent persons as widely as possible will be severely affected if the salary situation of Legal Professionals is not urgently resolved.

8. In amplification of the above, we would like to point out the current high turnover rate of Legal Professionals as well as Admin staff.

9. The dissatisfaction amongst Legal Professionals in the Board is further aggravated by the following:
9.1 That middle management received an increase in January 2007 with seven months back pay whilst the professional employees must await the promises of research being done by a task team and nobody knows when a decision will be taken or if it will ever materialize.

9.2 The vast disparity between performance bonuses being paid to ordinary staff (Levels 1-11 = 8.33% of package), Management (Levels 12-13 = 16.67% of package), and Senior Management (Levels 14> = 20-30% of package).

9.3 To illustrate this further a Justice Centre Executive who already earns as much as 2 or 3 times the annual salary of a Junior Professional Assistant (PA) receives a bonus (provided he/she performs well) equivalent to at least 6 months salary of that Junior PA. Worse still is a Regional Operations Executive whose bonus may be equivalent to the annual salary of that PA.

9.4 Senior Management seem to only have their own interests at heart and this is evidenced by the fact that:
9.4.1 Management have maintained their performance bonus percentage payouts, but have reduced lower level staff performance bonus percentage payouts, i.e. payout for levels 1-11 was increased from 8.33% to 12.5% for 2006-2007, but this has been reduced back to 8.33%.
9.4.2 The apparent reason for same is that 12.5% is not sustainable, however the big percentage payouts for management still is.

9.4.3 Thousands of Rands have been spent on consultants to lobby the Board to make management posts permanent as opposed to fixed term contracts.

10. As the recognized Union in the Board it is our submission that finality on the salary situation of Legal Aid Board professionals has now reached a boiling point. Their demands to be fairly remunerated must receive highest priority. We are under pressure that we should consider the possibility of industrial action, should finality not be reached very soon by the task team of the DPSA. SAPTU has been requested by its members to apply for a certificate to embark on strike action.

11. As a responsible Trade Union we are, however, aware that possible industrial action might have a severe impact on the services rendered by the Legal Aid Board and the Justice System as a whole. Our members also make plain that industrial action will in effect be an absolute last resort, as our members regard their professional and ethical duties to the Courts and their clients to be paramount.

12. We have taken this rather unusual step in contacting you directly amongst others, as we are of the opinion that the current management of the LAB shall not adequately address our concerns. We are further concerned by the fact that consultation meetings between SAPTU and the Management of the LAB fails to have any positive results. This is evidenced by:

12.1 The highhanded manner that certain individuals persist with when dealing with us;
12.2 Lengthy delays between meetings;
12.3 The regular non-attendance of management executives at meetings;
12.4 The inordinate delays between resolving items placed on the agenda by either body;
12.5 The lack of transparency within which management operates:
12.6 Victimization of staff.

13. Limitations are also placed on SAPTU as a recognized Union to communicate with members and non-members alike. This has a negative effect to address important matters such as the salary situation within the LAB.

14. Flowing from the above paragraphs we respectfully request your intervention in the matters raised and would appreciate and urgent reply to our letter. We also request that a commission of enquiry be constituted to determine the reasons for the lack of salary progression within the Legal Aid Board, as far as Legal Professionals and Administrative staff is concerned and why the latter has not been budgeted for in the preceding financial years.

15. Our members legal Professionals and Administrative Staff had legitimate
expectations that substantial salary increases would be effected by 01 July 2007.
It was only recently that employees where informed that the salary progression
could not be effected due to lack of funding. SAPTU would like to engage its
members regarding the above and in the node of accountability request a
response within a suitable time frame of May 2007.

Yours Sincerely,

Mr Henry Mushonga
Chairperson: SAPTU

ADV Ben van der Walt
General Secretary

As you are aware the above matter was scheduled for a hearing on 26 June 2007 at the CCMA offices in Johannesburg. During the meeting SAPTU and other unions together with non- unionised Employees voiced their opposition to the Application lodged by The LAB.

A substantial number of Affidavits has been submitted to the CCMA from employees from various Justice Centers in South Africa raising their objections to the effect that they have not been given sufficient notice to oppose the Application. A number of employees from Johannesburg, Soweto and Pretoria also attended the meeting in their personal capacity to voice their oposition to the Application.

In view of the aforegoing the Essential Services Committee decided that the hearing must now take place on 17 and 18 Sept 2007. The committee also decided that a pre-arbitration meeting between the LAB and all opposing groups must be held on 20/21 August 2007 to decide on the issues relevant to the hearing.

SAPTU will now take the opportunity to lodge a fresh application on behalf of its members. There are a number of important issues that must be added to our original Opposing Affidavit. Any inputs that other members wish to make in this regard will be welcomed.

The LAB will also make all the relevant documents regarding the matter available to employees at each Justice Centre. Notifications and other documents will be placed on notice boards at die respective Justice Centers.

A meeting between SAPTU and Management has been scheduled for 6 July 2007 where issues such as benchmarking of salaries and our new recognition agreement will be discussed. I also enclose herewith a newspaper clipping from the Cape Argus regarding our protest meeting outside parliament on 25 June 2007.

Adv Ben vld Walt
General Secretary - SAPTU