5 May 2016
SADTU KwaZulu Natal notes with disappointment the nearing of the date by which the Minister intends to issue the MTT report. Our disappointment is informed by the realisation that this is due to happen without considering the representations by SADTU. SADTU KZN reiterates its position that the MTT has failed to follow the directive of the minister to hear and consider SADTU`s submissions. SADTU has followed the directive and made written representations on the 15 April 2016 and was ready to make further oral representations before the 29th as directed by the Minister. When SADTU has shown full cooperation., it is unfortunate that the MTT seems to have already finalised the report and maybe leaked it to its handlers who are determined to tarnish the image and integrity of SADTU. This is clearly evidenced by the failure of the MTT to respond to our representations and therefore denying us the opportunity to make further representations. Our legal team also wrote to the task team reminding them that they have not responded to SADTU`s representations. Again, the MTT ignored that letter.
If you want to release any report the right of reply must first be given to anyone who is implicated in the report. It is basic ethics for any public office to ensure that fairness is observed. Even the accused in the court of law must state their case and on the balance of probabilities and likelihood, one is found guilty or innocent. If that is not done it raises fundamental question of what was the real intention behind the investigation in the first place. This makes us wonder what was the intention of the minister. Even the Public Protector is bound by law to release the report to those who are mentioned in the PP report before the final report is released. This allows those mentioned the right of reply or to challenge the report`s authenticity so that they could be excluded or be put in the report in a fair manner after representation.
The process followed by the Task Team smells of rotten eggs which were already cooked and the only thing that was left was to put them solely on the doors of the might teachers union SADTU. SADTU will never quiver or shake but will remain resolute to challenge the intentions. We wonder if the intentions are not to render SADTU weak
Our representations cannot be just attachments to the report but need to be looked at and inform the final report therefore our considered view is that releasing the report without considering our representations is irrational and can only confirm that the final report has already being leaked to media and their right wing handlers that`s why they are refusing to follow the correct procedures. The MTT must consider our representations because we are interested in seeing those who are involved in the selling of posts being punished. It must also be remembered that SADTU called for the investigation which is the reason why we fully cooperated but we cannot keep quiet when SADTU`s rights are violated. In light of all this SADTU KZN calls upon the National Leadership to instruct our lawyers to seek an order (court) compelling the MTT to follow a rational approach.
We reiterate our position that anyone who is found to be engaged in any form of fraud and corruption must be dealt with accordingly but that must be a product of free, fair and rational processes. This action by SADTU must not be viewed as an attempt to block the release of the report as we have no such intention; all what we want are credible processes. We like, any other organisation which has members would at all material times find that some amongst us would use the name; the brand name SADTU to open doors for themselves. Such must be viewed in its merits and in the culture and practice of the organisation. We do not want to accuse some of taking SADTU to a trial by public opinion.
Such will not assist SADTU, the Minister or the education of our children. The rule of law and fairness must always prevail at all times.
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