Roads transfer talks hit hurdle as Samwu rejects process

GARDEN ROUTE NEWS - The proposed transfer of Roads Department employees from district municipalities to the Western Cape Government has entered a new phase, but not without opposition from organised labour.

The South African Municipal Workers’ Union (Samwu) has formally rejected the Department of Infrastructure’s proposed Section 197(6) consultation process, arguing that key decisions have already been made before unions were consulted.

In a letter addressed to the head of department, Adv Chantal Smith, on 1 July, Samwu said the process could not be regarded as meaningful consultation if the employees had already been identified, additional support staff selected and the transfer agreements were nearing completion, before the labour engagements had begun.

The union questioned: “What exactly is left for the unions to negotiate?” saying organised labour could not simply endorse decisions that had already been taken.

Samwu has called on the department to immediately suspend its implementation of the proposed transfers until what it describes as a lawful and meaningful consultation process has been completed. The union warned that it would pursue legal remedies should the transfer proceed before the consultations are finalised.

No final decisions

The union’s response follows the Western Cape Government seeking to reassure employees that no final decisions have been made regarding the transfer of Roads Department staff under the Provincial Roads Delivery Model.

In a statement and video by the Western Cape Minister of Infrastructure, Tertuis Simmers, the department maintains that the process is being conducted in terms of Section 197(6) of the Labour Relations Act, which requires consultation with recognised trade unions before any agreement affecting employees can be concluded.

According to Simmers, discussions with recognised unions, including Samwu and Imatu, will begin once the employer transfer agreements have been finalised. Officials say the aim is to provide certainty, stability and continuity for affected employees while ensuring uninterrupted road services.

Conflicting information

Simmers has also urged employees to ignore rumours following what he described as conflicting information circulating about the process. It released an infographic explaining that no employee will be transferred before the Section 197(6) consultation process has been completed.

The proposed transfer includes employees on the roads department’s organisational structures within district municipalities, as well as certain support staff identified by employers as essential for operational continuity.

While the transfer agreements with two district municipalities are still being finalised, the Garden Route District Municipality indicated on 30 June that it will no longer pursue the Section 197(6) process.

Consultations with representative trade unions are provisionally scheduled for 15, 16 and 20 July, and the outcome is likely to determine the next steps in the transfer process.

Infographics by the Department of Infrastructure.