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Johannesburg to advertise positions that were irregulary converted to permanent posts

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The City of Johannesburg says it will now start advertising the 120 fixed-term positions that were irregularly converted to permanent posts.
It says despite giving labour unions and legal representatives of the affected employees an extension to make representations with regards to returning the contracts to their original form, no such representation has come forth.
The employees are allowed to continue reporting for work until the end of April this year.

Acting Johannesburg City Manager, Mesuli Mlandu says they issued the affected employees with notices last week Monday. They had until Wednesday of that week to make representations.

He says a further extension was granted to labour union SAMWU and the legal representatives of the employees until lunchtime on Wednesday this week. However, up until now, they have not received any representation from the parties representing the workers.

“So, the effect therefore of the resolution of the council that is not rescinded, that is not reviewed in court is that then it reversed the irregularity of the conversion and brought back the FTC contracts to their original form, and we had to recognise them as such and start to implement exit requirements. And sooner or later you will be seeing adverts for those positions as fixed-term contracts. So that the political party infrastructure that won the election is able to be installed effectively.”

He says the positions are linked to the term of office of the elected politician they were attached to.

“I will allow those contracts to continue until the 30th of April. These employees who are on these FTCs are within their right to apply and there is nothing that says they will be excluded from the recruitment process.”

Johannesburg MMC for Group Corporate and Shared Services, Leah Knott says this process is about “righting a wrong” that was committed. She says an unlawful decision was taken by the previous mayoral committee under the ANC-led administration in the City of Johannesburg.

She says even the COGTA regulation that comes into effect from June this year – will confirm that staff serving in political offices are employed on a fixed-term basis and linked to the term of office they are attached to. She says the decision to undertake this process was not driven by the impending local government legislation.

“The COGTA regulation is not the sole reason behind the rescission of this. It is a consideration or factor particularly because the second conversion which happened in October, happened on the same date that the city was given a directive or memo from SALGA, that this is the legislation that is promulgated in September it will come into effect on June 2022. Please note the following: Fixed Term contract for police office 30-day exit clause. On the same day, they signed the second conversion.”

Both labour union SAMWU and civic group SANCO are objecting to the council resolution and have vowed to take to the streets to protest against it.

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