Govt says exams will continue
Says unpaid volunteers does not break the law
Government has underlined its determination to ensure that the national examinations will take place despite concerns around the planned teachers’ strike.
In a press statement at the weekend, government said it “fully respects the rights of its staff members to participate in lawful industrial action, as long as such does not infringe upon the fundamental rights of learners to education and to examinations in a peaceful environment.”
Issued by the permanent secretary at the Office of the Prime Minister, the statement noted that government is doing all in its power to ensure the examinations will be conducted “as the consequences of the examination not being conducted are too dire to contemplate.”
Following a deadlock in negotiations around the strike rules last week, a conciliator was brought on board to determine the rules, including the notice period and the location of the strike.
The conciliator granted only seven working days’ notice period to commence with the action.
According to the Office of the Prime Minister the notice period is “not sufficient for the government to deploy logistical arrangements for volunteers to attend to the work of the striking teachers, should the strike proceed.”
According to government, 707 878 leaners require continued lessons and ensuring that they write their examinations in a “conducive environment … is a huge logistical endeavour.”
On the issue of where the teachers could strike, the conciliator ruled that teachers could strike within 500 metres away from schools.
“Government is concerned that the strike action within such proximity may interfere with the teaching, learning and examinations of the learners,” the statement said.
The statement addressed another concern relating to the Labour Act regulations around replacing striking staff by either hiring or requiring non-striking staff to replace them.
According to opinions from the attorney-general and external legal counsel, government has been advised that “volunteers who will not be paid can be engaged so as to ensure that examinations will be conducted.”
Following the dismissal of this interpretation by Nantu the conciliator was tasked to make a ruling on the issue. However, according to the press statement, the conciliator “did not specifically deal with this issue”, instead citing the specific Labour Act section.
Government lawyers continue to work on the issue which they believe is the correct interpretation on the matter.
JANA-MARI SMITH
In a press statement at the weekend, government said it “fully respects the rights of its staff members to participate in lawful industrial action, as long as such does not infringe upon the fundamental rights of learners to education and to examinations in a peaceful environment.”
Issued by the permanent secretary at the Office of the Prime Minister, the statement noted that government is doing all in its power to ensure the examinations will be conducted “as the consequences of the examination not being conducted are too dire to contemplate.”
Following a deadlock in negotiations around the strike rules last week, a conciliator was brought on board to determine the rules, including the notice period and the location of the strike.
The conciliator granted only seven working days’ notice period to commence with the action.
According to the Office of the Prime Minister the notice period is “not sufficient for the government to deploy logistical arrangements for volunteers to attend to the work of the striking teachers, should the strike proceed.”
According to government, 707 878 leaners require continued lessons and ensuring that they write their examinations in a “conducive environment … is a huge logistical endeavour.”
On the issue of where the teachers could strike, the conciliator ruled that teachers could strike within 500 metres away from schools.
“Government is concerned that the strike action within such proximity may interfere with the teaching, learning and examinations of the learners,” the statement said.
The statement addressed another concern relating to the Labour Act regulations around replacing striking staff by either hiring or requiring non-striking staff to replace them.
According to opinions from the attorney-general and external legal counsel, government has been advised that “volunteers who will not be paid can be engaged so as to ensure that examinations will be conducted.”
Following the dismissal of this interpretation by Nantu the conciliator was tasked to make a ruling on the issue. However, according to the press statement, the conciliator “did not specifically deal with this issue”, instead citing the specific Labour Act section.
Government lawyers continue to work on the issue which they believe is the correct interpretation on the matter.
JANA-MARI SMITH
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