The Eastern Cape provincial government is set to crack the whip against security companies doing business with government but who are failing to comply with the Main Collective Agreement signed by unions and the National Bargaining Council for the Private Security Sector (NBCPSS).
A team appointed by premier Oscar Mabuyane in response to a memorandum of grievances by security guard unions has recommended that the NBCPSS investigate and hold security companies accountable for breaching the Main Collective Agreement (MCA).
The move by the province is by far the strongest action taken by government since unions in the private security sector embarked on a national ‘pay-back-the-money’ campaign in January 2023. The campaign relates to millions of rands deducted irregularly from thousands of workers by employers who in turn failed to pay towards their healthcare benefits as agreed in the MCA.
In November security guard unions marched on the Eastern Cape Provincial Legislature in Bisho to raise concern about non-compliant companies doing business with government.
The unions asked Mabuyane to cancel the contracts of such companies and stop awarding them tenders.
In the memorandum the unions submitted that there are 722 non compliant security companies operating “with gay abandon” in the Eastern Cape.
The union alliance includes the Abanqobi Workers Union (AWU), Kungwini Amalgamated Workers Union (KAWU), National Union of Metalworkers of South Africa (NUMSA), the South African Transport and Allied Workers Union (SATAWU) and the South African National Security and Allied Workers Forum (SANSAWF).
The unions alleged that “many of these non-compliant companies are also contracted to guard government departments, including national key points.”
In response to the memorandum Mabuyane said in a letter to the unions on November 29 that he had established a team comprising of officials from his office, Provincial Treasury and the Department of Public Works and Infrastructure to investigate the allegations.
He said a preliminary report has been prepared and submitted by the team which also contains further recommended steps to be taken.
The steps include submitting a letter to the National Bargaining Council for the Private Security Sector (NBCPS) “as the relevant authority requesting that it investigate the concerns being raised and intervene where necessary by holding the affected security companies accountable for breaching the Main Collective Agreement and protect the security officers employed by the security companies contracted by the Eastern Cape Provincial Departments.”
Mabuyane said further steps include “all accounting officers to ensure compliance by providers to the National Bargaining Council remuneration agreements” and “all contracted parties to comply with demonstrating the deductions and most importantly to forward proof of pay overs to the fund.”
Mabuyane said “this will be conducted and completed in 30 days starting with payment runs of December 2023.”
He said upon conclusion of these processes and receipt of the response from the National Bargaining Council, the Office of the Premier will provide feedback and the final report.
“It is anticipated that the above process should not take longer than January 2024, to afford adequate time for a thorough enquiry into the matter,” he said.
In March 2021 unions, employers and the NBCPS signed the Main Collective Agreement approving a health insurance benefits scheme for the sector.
Affinity Health was later appointed as administrator for the health insurance benefits scheme. The benefits include chronic disease management and medication, doctor consultations, hospital and casualty benefits, including an HIV and TB management programme. However according to unions and workers, thousands of security companies have failed to adhere to the agreement whilst deducting millions of rands from employees’ salaries but failing to provide the health care benefits, or using other service providers either than the one appointed by the NBCPSS. The non-compliance has impacted negatively on thousands of security guards employed in the private sector. – news@mukurukuru.co.za
