Appeal on right for policemen to strike

THE Constitutional Court will hear an application today for leave to appeal against a decision of the labour appeal court on whether all police employees are part of essential services.

he labour appeal court (LAC) held that only members of the South African Police Service (SAPS) employed under the South African Police Service Act (SAPS Act) were engaged in essential services.

The LAC held that those employees of the police who were employed under the Public Service Act (PSA), were nonmember employees and did not work in an essential service.

These members were mostly employed in support services to the police.

The matter relates to whether PSA members who were not engaged in an essential service may take part in strike action or not.

Police management submitted that all services of the police, whether carried out by members employed under the SAPS Act or the PSA, were essential to the functioning of the service.

The police management further contended that if certain links in the chain were missing, the service of preventing and controlling crime would suffer.

The Police and Prisons Civil Rights Union (Popcru) opposed the original application in the labour court.

The police want the LAC judgment to be set aside and replaced with an order declaring all employees of the police to be engaged in an essential service.

The union contends that the distinct use of "employee" and "member" throughout the relevant legislation indicates that the work done by each type of employee differs.

They submitted that the services carried out by nonmember employees were not essential and their right to strike should not be limited.