City of Johannesburg and Trade Unions Make History with MoU Agreement

19 Aug 2019 in Where We Govern

The City of Johannesburg and its trade unions, the Independent Municipal and Allied Trade Union and the South African Municipal Workers Union, made history with the signing of a Memorandum of Understanding (MoU).

The signing of the MoU follows a lekgotla held on Friday 16 August 2019 with representatives of the City and both trade unions. The MoU is now binding upon all parties and is enforceable in terms of the Labour Relations Act.

The memorandum of understanding is a first of its kind in local government history, achieving a strategic partnership between the City and its trade unions. At its core is a recognition that the City and its unions are interdependent, and as such can find common ground is available to advance the needs of our residents and employees in Johannesburg.

The MoU establishes a framework which will:

  1. Establish a partnership between IMATU, SAMWU and the City in the budget planning processes of government. As representatives of employees in the City, organised labour has a critical perspective in the execution of service delivery.
  2. Drive performance management in the City in such a manner as to accelerate service delivery and generate a more conducive working environment for employees to serve our residents.
  3. Require IMATU, SAMWU and the City of Johannesburg to partner together in ensuring allegations of fraud, corruption and malfeasance are investigated and outcomes are implemented. There are further requirements to protect those who report wrong doing from any form of prejudice or intimidation.
  4. Establish the principles of a labour relations environment that achieve greater levels of stability through an open-door policy, requirements to engage in good faith and from a problem solving perspective.
  5. Set out the requirements of a labour relations engagement framework which will provide the mechanisms to achieve stability in our labour relations. Specifically achieving additional steps aimed at resolving issues in dispute before they rise to the level of strike action.
  6. Ensure that the City does not provide recognition to unrecognised trade unions as per the stipulations of the Labour Relations Act.

The multi-party government inherited labour relations in Johannesburg which was fraught with difficulties, tensions and past instances of disruptive strike actions. Our residents have paid the price for this in the past.

Under this MoU, each of the parties will hold each other to account in a manner which forms a healthy relationship between government and organised labour. The MoU requires the City and organised labour to be accountable for the actions of those they represent, and provide the requisite leadership to prevent breakdowns in labour relations.

In the event that any of the parties breach this MoU, the enforcement procedures require binding arbitration with powers to award costs or necessitate disciplinary action against any employee of the City.

The signing of this MoU is a historic moment in local government labour relations. It is a massive achievement for the residents of Johannesburg and employees of the City. By finding the common ground between organised labour the City, a framework has been developed which offers a future of greater stability in our work of delivering change to our residents.

Tribute must be paid to the representatives of the City, IMATU and SAMWU for the leadership shown throughout this process. It demonstrates how this relationship can go beyond the boundaries of the past and achieve a partnership in service to the delivery of change.