FREQUENTLY ASKED QUESTIONS – SAMA TRADE UNION COMPONENT DISESTABLISHMENT

1. Did the SAMA Board of Directors have the authority to disestablish the SAMA Trade Union structures and appoint an Interim Committee to manage the restructuring of its public sector functions?

Yes. Directors have stringent fiduciary duties set out in the Companies Act, 71 of 2008, as well as King III, which must be executed in good faith, with due care and diligence and in the best interests of all SAMA members, both in the private and public sectors. Since the erstwhile Trade Union has been unable to function in terms of its own constitution, albeit after every reasonable opportunity had been afforded to the structure, the Board had no choice but to decisively manage a situation that otherwise posed a serious risk to the Association as a whole. The Board’s authority to manage and direct SAMA’s business and affairs as set out in Section 66(1) of the Companies Act is confirmed in SAMA’s Memorandum of Incorporation.

2. Did it have to be a SAMA National Council decision?

No. The Board has the full mandate of the National Council to exercise all the powers of the National Council while the Council is not in session, provided that the Board abides by the Companies Act and the Memorandum of Incorporation. The Board is further fully authorised to appoint committees and to delegate to such committees the authority of the Board as set out in the Companies Act.

3. Does the Board need to convene an EGM to effect its decision?

No. The direct role of managing SAMA falls within the purview of the directors. Had there been a material change to the MOI and Rules necessary an EGM would have been appropriate. However, the circumstances that pertain to the Board’s intervention relate to corporate governance and operational matters that do not affect the continued services provided to SAMA members. The Companies Act allows for a number of occasions where shareholders’ (i.e. members’) approval of certain fundamental transactions is required, but none of these sections are applicable to the matters at hand.

4. Has the Trade Union been deregistered? No, the Trade Union has not been deregistered. In this regard the necessary engagement with the Registrar of Labour forms part of the tasks of the Interim Committee appointed to evaluate and steer a careful rebuilding process to ensure that the best interests of all SAMA members are at all times prioritised.

5. What is the role of the Interim Committee (to be known as the Employed Doctors Committee) appointed by the Board to oversee former trade union functions?

The Employed Doctors Committee is tasked to develop processes and structures to ensure optimal efficient functioning of SAMA’s services to its employed members through consultation with stakeholders within the SAMA public sector membership, as well as external stakeholders. Proper election processes encompassing SAMA employed doctors at grass-roots level will form part of the foreseen developments that will be co-ordinated by the Employed Doctors Committee.

6. Will SAMA’s assistance to its employed doctor members in labour matters be affected?

No. The SAMA industrial relations advisors will continue to assist you, provided that the same conditions as before will apply – members have to belong to SAMA for more than six months before they will qualify for legal costs to be spent on their behalf. The reason for the restructuring process is to improve and expand SAMA’s capacity to provide these services, not to reduce these services in any way. The capacity of the Industrial Relations (IR) and Collective Bargaining Unit of SAMA is not being diminished in any way, and will be greatly enhanced by improved labour functions based at Branch level, with development and training of member representatives in all SAMA Branches. In fact, a specific resolution entitled “Increase in provincial industrial relations capacity” was adopted by the National Council in October 2015, which directs the Board to employ or redeploy provincial IR officers, and use decentralised Industrial Relations offices to help address IR issues and membership matters. There was no opposition to this resolution and its implementation will see much greater development of Branch structures to deal with IR issues at local level, with decentralised IR expertise that is more familiar with local membership and institutions. To reiterate, the Head Office IR and collective bargaining functions will not be impeded in any way, but rather strengthened by a new layer of local/regional expertise.

7. Will the deduction of membership fees via PERSAL be affected?

There is no anticipated change in respect of current PERSAL deductions. Members will be kept abreast of any developments, should they occur.

8. What are the current roles of special interest groups such as JUDASA, SEDASA, SARA or ADASA?

These committees are elected via processes unrelated to other unconstitutionally established erstwhile Trade Union structures. Those committees that were correctly elected at their annual AGMs will continue to serve their specific interests groups in terms of specific mandates and will be further supported and enhanced by the improved functioning of the new committee, moreso than they have been by the former Trade Union.

9. Will the change imply changes in membership benefits or fees?

There are no changes to your fees or benefits.

10. How will this affect SAMA’s ability to negotiate salaries and other benefits at the Public Service Collective Bargaining Chamber (PSCBC)?

It must be kept in mind that SAMA does not have individual standing in in public sector bargaining councils such as the PSCBC and the PHSDSBC. It currently acts jointly with DENOSA. SAMA’s total membership count is less than 10% of the total DENOSA membership acknowledged in the bargaining councils, in turn translating to a negligible individual vote percentage. Having to agree with a DENOSA vote, and therefore a COSATU group vote, at all times, means that the results obtained from a vote in these bargaining councils are not swayed by an individual SAMA component specifically benefiting its doctor members. SAMA members merely derive general benefits in line with any majority decision, which decisions are in any event binding on SAMA and non-SAMA members in the public sector in terms of collective agreements. SAMA is investigating opportunities to establish a special dispensation dealing specifically with the working conditions of doctors.

11. Do the Trade Union National Executive Committee and Provincial Executive Committees still exist?

No. They have been replaced by an Interim Board Committee (known as the Employed Doctors Committee) to ensure the smooth running of the activities of the public sector doctors.

12. How long will it take for the new interim Employed Doctors Committee to become functional?

The new interim Committee is already functional. It has concluded its terms of reference and is working on a draft strategic plan to implement their mandate.

13. Is SAMA still affiliated to COSATU?

The current model of collective representation, which SAMA is a numerically minor component of, places significant restrictions on SAMA’s ability to raise directed issues that are of specific interest to its members. Alternative models of representation, in particular mechanisms of direct engagement with the employer that are enjoyed by a number of other professions, are being investigated. Members will be informed of any developments in this regard.

#7: -  

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