@kunenephindz@MbekezeliMB They themselves are non-compliant on several fronts. It would be highly hypocritical to speak against any noncompliance- but you are 100% correct. They should have been interviewed. They are the largest trade union. Agree with you.
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The CGE team, led by the DC Subrayan-Naidoo are at the Hillbrow Police to open a criminal case against the SACTWU Accounting Officer, Bonita Loubster for the contravention of Section 12 of the CGE Act - this is a criminal offence in terms of Section 18 of same.
The Commission has deliberated its option as stipulated in Section 18 and has decided to pursue criminal charges as means of consequences management for this failure by SACTWU.
COSATU, as the federation spoke in confirmation that the failure was as a result of some miscommunication, stressing that SACTWU's leadership is occupied by women as means to substantiate how this was not deliberate.
Additionally, SACTWU has also failed to complete and submit the questionnaire.
The DC Subrayan-Naidoo took the room through Section 18 of the CGE Act, stressing that this failure would bear consequences.
The hearing session with COSATU concluded, which was followed by what should have been a session with SACTWU. The CGE, through the Chairperson and entire CGE team expressed their displeasure in SACTWU's failure to appear.
Furthermore, the policy indicates that the Federation and its affiliates shall appoint a Sexual Harassment Prevention Commissions and Secular Harassment Disciplinary Committees.
COSATU's affiliate autonomy argument was also challenged by their own policy, which states that in a case where affiliates have no policy, those affiliates are to refer to COSATU's policy.
Legal Officer, Nothemba Sonjica pointed out the discrepancy in reporting, highlighting how COSATU presented data of reported cases from affiliates yet they say they do not have no access to the same data.
The COSATU delegation is led by the Legal Officer, Amahle Zilani as delegated by the Accounting Officer, who took the oath as administered by Commissioner Samaai Seehaam.
Affiliates remain autonomous bodies governed by their own constitutions provides they abide by the Constitution of the Republic and the policies of the Federation.
COSATU has provided clarity that they as an organisation/federation do not dictate to their affiliates how they manage their operational functionality.
This tool is used to collect information for environmental analysis.
SACTWU as an affiliate has not responded to the CGE, and as such, the hearing proceeds without them.
The complaint received by the CGE flagged weak internal processes that require urgent attention. As the investigation begins, the Deputy Chairperson, Prabashni-Subrayan Naidoo takes the room through the mandate of the CGE to highlight the CGE's intervention in the matter.
The CGE is currently conducting an investigative hearing with COSATU-SACTWU that seeks to address the poor internal processes in handling matters of sexual harassment in the workplace, emanating from a case that took place in SACTWU.
The team submitted the CGE Act to the officer assisting in the handling of opening the case for transparency and understanding of CGE functions and powers relating to such matters.