SSUE: 005 DATE: 29 OCTOBER 2021
Greeting Colleagues
As we move towards the end of the year, we take this opportunity to write to you during our
course of reporting and updating you on matters that are affecting us. This is against the
backdrop that there will always be elements who want to treat us as their subjects and
contribute to the derailment of the registration of TAPSOSA to suit those pursuing a monopolistic
and manipulation agenda. We are seeing this even being paddled by some individuals who
are riding on the trade union movement to advance and support the course of their handlers.
It should however be noted that we had anticipated such tactics that seek to derail us from
achieving the objective of representing the historical disadvantaged and the marginalised
group. The agenda by the Registrar of the Labour Relations does not deter us but it has rather
strengthened our resolve and determination to move forward in ensuring that the aspiration
and hope for a conducive and operational environment is attained for the benefit of our
members.
We have always cautioned them that no matter and how many times they attempt to silence
us, the voice of the marginalised will never be silenced.
UPDATE ON THE BARGAINING COUNCIL
With our resolve of having a strong case against the extension of the collective agreements to
non-parties by the Minister of Employment and Labour without complying with the provisions
of the Labour Relations Act, we are witnessing an orchestrated direct agenda of intimidation
and isolation of a certain demographic in this industry.
The joint inspection by certain inspectors in the Department of Employment and Labour and
the employees of SALT Employee Benefits Administrator to harass employers who are part of
the current review application is evidence of suppressing the rights of all employers to operate
in an industry that is governed by the laws of South Africa.
This attempt to intimidate members who are part of the application will not distract us from
fighting for what is right in law. Without any doubt such joint inspections are borne out of
frustration and should be dismissed with the contempt they deserve.
For years, the Department of Employment and Labour has failed to regulate and police the
security industry citing lack of capacity. It is now surprising that the capacity issue is no longer
an impediment. What is more embarrassing is their sudden amnesia of having forgotten the
reasons they formed and registered the bargaining council to move the security industry out
of its jurisdiction as it was viewed as a burden.
Instead of their cowboy agenda, they should encourage the state lawyers not to delay the
filling of the necessary affidavits and information required to court so that the current case can
be speedily resolved.
For some time now, they are failing to submit the necessary supplementary affidavits in support
of the data submitted by the Department of Employment and Labour that they claim was
used by the Minister in determining the extension of the bargaining council collective
agreements. Our lawyers have once again prepared further supplementary affidavit to ask
the court to grant us a default judgment.
The data used by the Minister appears to be the same data used in registering the bargaining
council. It should be noted that at time the Minister used it, it not only had discrepancies, but
it was also outdated for more than two years. The source of the data is questionable as it was
not obtained from any of the regulatory bodies.
The incomplete data presented to the court in terms of the current application, clearly
demonstrate that the Registrar and the Minister did not apply their minds properly in executing
their authorities and therefore allowed the existence and extension of the bargaining council
agreements without meeting the required threshold. It is this bargaining council that now solely
exists to persecute its long-identified enemies having been given an enabling environment by
the Registrar and the Minister.
What is more interesting is that whilst the Registrar is claiming a high moral ground and integrity
in the refusal of the registration of TAPSOSA, the registration of this bargaining council does not
come close in meeting the requirements of the act. Instead, the Registrar created an
opportunity through this council on further misusing such institutions to harass and victimise the
already marginalised employers by those who still believe that only them are godsent.
TAPSOSA is not against any formation of the bargaining mechanism that is formed for the
correct purpose. Such mechanism should stay clear of the regulation to avoid conflicting
interest to regulate each other thus enabling manipulation and monopoly as with the PSSPF.
We are also aware of the agenda alleged to have been employed by the bargaining council
or those represented in this institution, is to target TAPSOSA members using the recent court
judgment on the registration of the association. We are told that the employees of SALT
Employees Benefits tasked to illegally inspect or act as the bargaining council agents are
directed to target TAPSOSA members and other vulnerable employers.
This to us is a clear demonstration that the previously disadvantaged and other employers are
still not welcomed by rightwing and racist elements in this industry and all attempts will be
made to dislodge them from participating and organising themselves.
PSIRA
As TAPSOSA, we maintain our underlying principle of supporting the Private Security Industry
Regulatory Authority (PSIRA) even though it has a low turnover on prosecution owing to the
insufficient resources.
This institution although founded during the apartheid regime, it was reformed by our
democratic government as a democratic institution responsible for the independent
regulation of the industry.
We are aware that attempts are being made to liquidate this institution to give way to those
who want to manipulate the regulation of the industry to suit their selfish monopolistic agenda
including generating allowances and irregularly appointing service providers to feed their
corrupt lifestyles.
We believe that the removal of the forces who used to be represented in the Board of PSIRA
during the tenure of the former and late Minister of Safety and Security (Steve Tshwete), to
allow for the institution to be democratic and independent from competing interest resulted
in the independence of this institution hence now seen as an obstacle by those wanting to
have a direct access on the prosecution and persecution of their competitors.
Should this not have been realised at the time, PSIRA would have been used by these force
the same way the PSSPF was used. This would have included strengthening the bargaining
council to persecute and annihilate their opponents.
We have submitted to you documents outlining the transformation agenda and we request
that you not miss this opportunity to provide your input that will shape the future of this industry.
It is time that the industry is led into a right direction and provide a way for the advancement
of a fair, just and transformed security industry including the supply chain and those associated
with it.
UNIVERSAL MEDICAL SHEME
The EXCO in consultation with the provincial structures has taken a decision to support the
medical scheme provided by Universal Healthcare to our employees as it offers the best
affordable and comprehensive primary health care solution and benefits in the market.
Universal Healthcare is the only affordable scheme that has national geographical footprint
which includes the rural areas and has a track record of administering multi-employer
schemes.
As TAPSOSA, we believe that security workers deserve to have a medical scheme given the
unaffordable and rising cost of health care, access, and treatment. These workers work in a
very dangerous and vulnerable industry and their wellbeing should find expression in our daily
operations.
It is interesting that parties in the bargaining council seem to be claiming victory of the benefit
although this process began in 2011 with the Department of Labour’s invitation to prospective
bidders to submit proposals. This process was deliberately stalled by the same parties in the
bargaining council seemingly with the intention of enacting it in the bargaining council as an
attempt to lure employees into believing that the bargaining council is formed to care for their
needs.
SASSETA
We continue to celebrate the achievement of TAPSOSA in being represented by Mr. Robert
Mashau and Mr. Victor Ramambila in both the council and Chamber of this institution. What
we are now prioritising is the representation of women, youth and people with disability.
We must continue with our mission for SASSETA to take over the accreditation of firearm
academy and training including all electronic and surveillance standards in this industry. This is
to prevent the tender boards from imposing the requirements of certificates issued by our
competitors.
Our members have been complaining that they are denied accreditation when they apply
for accreditation from these competitors. They are instead directed to only white own
establishments to get their training accredited and it is also alleged that even SAPS will refer
them to these competitors. Of concern is that even the police claim that they are also
accredited by these establishment for their firearm and surveillance training.
We must resist any attempt to erode the achievement of the democratic dispensation.
Instead, we should champion the intended outlook of this industry as training is an essential
and effective measurement tool to evaluate the industry.
We must encourage our representatives to ensure that SASSETTA creates dialogue even during
the pandemic period by using platforms such as webinars and develop engagement tools
with companies operating in the rural and semi-urban areas.
This industry has for years, been controlled by those who have entered it first and still believe
that they can monopolise it. The resistance to move from grading to skills-based training shows
a fundamental intent to maintain status quo.
We are mindful that this process has its own dynamics to job security but a process of phasing
out the grading system needs to be initiated given the minimum requirements to enter the
industry is a matric senior certificate. The ever present fourth industrial revolution require us to
move with time.
We appeal to all members to participate in shaping and changing the industry. The leadership
need your participation to move with speed in an industry faced with resistance in all fronts.
Although, the leadership will continue to provide guidance and direction, members should
also take it upon themselves to stand up in their own areas where they operate. This dual
approach will result to a quicker desired outcome.
In conclusion, fighting for a transformed security industry is not about seeking attention or
wanting first preference. We want an industry that foster the principle of fairness and
has equal opportunities for all South Africans with the playing field being level.
Jones Maphalaphathwa
President

1 Comment
Matsetsebale Botany Mojapelo
February 13, 2023, at 5:23 amWith Crimes out of control in the hands of SAPS, it’s high time that employers and their employees in this undermined security industry. SAPS needs us more than we need them. There is a need for working officially together in gathering the intelligence to prevent crimes out there in the society. The general state of corruption in governments is souring as Security Tenders are monopolised. Same companies are given contracts repeatedly even if they underperform. I propose and or suggest, as an employer of course, that in every area, where a State Institution is an Employer, a system of rotation with subcontract agreements to provide experience to up and coming security firms, be made a law. This is in order to give experience to each other and also to guarantee jobs for our security employees in this industry. Such a level of experience will ensure that Training of Employers & Employees will be of high standards in order to compete all our competitors. Amen