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13 May 2011
NOTICE TO THE SERVICES SETA STAKEHOLDERS
1. The Council of the Services SETA has considered it necessary and appropriate to issue this notice to all Services SETA stakeholders, in light of certain untrue rumours that have been made about the Council, and which appear to be circulating at the Services SETA.
2. One such rumour is apparently being spread that the Services SETA Council was "dissolved" on Wednesday, 11 May 2011.
3. In reaction to this untruth, the Council wishes to categorically, and in the strongest terms, deny any such rumour, and reiterate that the Council remains in existence and remains committed to duly fulfilling its legal obligations towards the Services SETA, both in terms of the Skills Development Act and the Services SETA Constitution.
4. On Wednesday, 11 May 2011, the Council attempted to convene a meeting of the Council at the Services SETA’s offices in Parktown. That meeting was broken up at the instructions of Dr Moon and the Council members present were forced to leave the building. For that reason, the Council could not complete its meeting.
5. This incident appears to be the source of the untrue rumour to the effect that the Council has dissolved itself.
6. Notwithstanding the above incident, which shows an intolerance for differing views and for the Council’s right to free and peaceful assembly, the Council remains committed in its belief that Dr Moon was unlawfully appointed to the Services SETA, that his resultant actions have been unlawful, and that Council is the validly established and lawful governing body of the Services SETA, as pronounced upon by the Labour Court on both 3 and 6 May 2011.
7. Although the Minister and Dr Moon have applied for leave to appeal the two Judgments of the Labour Court which found against them, Council together with both organised labour and organised business stakeholders of the SETA are opposing those attempts to appeal. The dispute thus remains in the hands of the Courts.
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8. Although it is important for the employees and stakeholders to know that there is a legal dispute on the go, Dr Moon remains presently in de facto control of the Services SETA offices. Employees should, as far as possible, allow the above legal dispute to play itself out in the Courts, and they should not themselves get caught up in this dispute. Ultimately, every employee should be seeking to perform his or her duties to the best of his or her professional abilities.
9. Although Council appreciates that the present state of affairs is a difficult one, employees should as far as possible, refrain from confrontation at the workplace, despite the differences of opinion and of conscience which may exist at this stage, and they should allow the Courts to determine and pronounce upon this unprecedented dispute.
10. As Council has said all along, it will abide by and respect the ultimate decision of the Courts in this matter.
The Services SETA Council
Per: Bev Jack, Chairperson
The Services SETA (Sector Education & Training Authority)
15 Sherborne Road, Parktown, Gauteng, 2193
P O Box 3322, Houghton, 2041
Tel: 011 – 276 9600, Fax: 011 – 276 9623