Sheriff swoops on EC Health Department over unpaid awards

THE Eastern Cape Department of Health has had its assets including furniture, vehicles, and other equipment attached by the Sheriff of the Court to recover over half a million rand relating to three arbitration awards against the department.

Trade union, the Public Servants Association (PSA) had secured arbitration awards on March 24 and 25, as well June 10, 2024, all directing the Department to remedy unfair labour practices and pay substantial outstanding amounts to PSA members.

However, almost a year later, the Department had failed to comply.

“Formal Letters of Demand were ignored. After exhausting all legal avenues, the PSA was left with no option but to instruct the Sheriff to proceed with Writs of Execution against the Department. The Sheriff has since attached furniture, vehicles, and other equipment valued at R512 096.29 from the office of the Head of Department (HOD),” the PSA said.

In one of the Writs of Execution seen by the Cape Times it details that payment debt had been demanded from the office of the head of department in Bhisho, “as the debtor was unable to pay the judgement debt and costs in full or in part on behalf of the debtor, the goods described in the inventory contained in the attached notice of attachment, were judicially attached”.

The document was served on the office of the MEC Ntandokazi Capa and the office of legal service. Another was also served on the office of the HOD, Dr Rolene Wagner.

“The employees followed the normal dispute process, the disputes concerned unfair labour practice benefits, unfair promotion practice benefits and the interpretation of a collective agreement. They followed the grievance procedure and then we declared disputes on their behalf through different bargaining councils. Commissioners made awards in our favour, we followed the certification process of the award, they ignored our letters of demand. We then ended up approaching the sheriff to attach,” said PSA acting provincial manager, Riaan Vosloo.

The PSA said the non-compliance by the Department has become a troubling norm, despite clear rulings requiring it to compensate affected employees.

“Auction dates for these goods are approaching, yet the Department has made no attempt to settle its debts and prevent this avoidable loss of state resources. It is unclear how the Department will justify this financial mismanagement, but accountability is inevitable, and consequences for those responsible will follow.

“The PSA is committed to protecting the rights and interests of the Union’s members and will continue to hold non-compliant employers accountable.”

Vosloo said they had been contacted by the department this week, who said they would make the payment.

Eastern Cape Department of Health spokesperson Siyanda Manana first demanded to see the writs of execution when approached for comment. Despite being provided with a copy, he still failed to respond to questions sent to him earlier this week.

Cape Times