Issued by: SA Communication Service
On Friday 1 September 1995 the Labour Appeal Court Sitting as Special Tribunal Act, 1995, came into operation. The Act gives effect to section 237(4) of the Constitution.
The Act creates a mechanism which can be utilised by any public servant who has a claim or dispute of right resulting from the rationalisation of the Public Service or the transitional arrangements regarding public administration. With the rationalisation process in the Public Service entering a critical phase, the implementation of the Act is a significant development. Not only does the Act provide for expeditious procedures which will prevent possible long drawn-out legal battles, but it also provides for the Special Tribunal to take final and binding decisions.
The establishment of the Special Tribunal can easily be interpreted as a step by Government to gear itself for an expected flood of disputes over rationalisation. In this regard I would, however, like to reiterate that if managements of Public Service departments and provincial administrations were to apply the measures pertaining to the rationalisation of personnel correctly and with compassion, then there should hardly be any need for a public servant to have to utilise the Special Tribunal. I strongly believe that this will in fact be the position in practice as managements in the Public Service have been sensitised to deal with the situation.
Coinciding with the establishment of the Special Tribunal, the Constitution, 1993, has been amended. In terms of the Constitution of the Republic of South Africa Amendment Act, 1995, the life-span of the Special Tribunal and section 237(4) of the Constitution are to lapse only two years from the commencement of the Constitution instead of one year as originally determined by the Constitution. This should allow public servants sufficient time to submit claims and disputes of right resulting from rationalisation, to the Special Tribunal. With regard to the National Defence Force specifically, the Special Tribunal will only lapse on 31 December 1998.
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26 September 1995