
The fate of the Public Sector Bargaining Council (PSBC) is to be sealed in a judgment of Industrial court judge President Justice Tebogo Maruping next week, when he rules over an urgent application to dismantle it by BOPEU. At the hearing of the case on Monday Justice Maruping together with South African Advocate Alec Freund for BOFEPUSU expressed concern about the ambiguity in the Constitution of the bargaining forum. Of particular concern to the judge was the requirement of "one third threshold" instead of a definite figure and lack of clarity on the definition of a "trade union party" coupled with the provision for an "acting jointly arrangement" for admission to PSBC. BOPEU has filed an urgent application asking court to declare that the admission and continued presence of BOFEPUSU at the public sector bargaining council (PSBC) is unlawful. The application was filed after the union withdrew from the joint arrangement with four other public sector unions, through which they had been admitted to the bargaining council. It was only when the general secretary of PSBC was ordered to verify if the trade union party satisfy the threshold, following the withdrawal of BOPEU, that the latter insisted that they were…