The SABC’s Personnel Regulation 2 (d) is draconian and unconstitutional and BEMAWU has challenged the particular paragraph in previous correspondence to the SABC.
The regulation states:
2 (d) An employee shall not, without written consent of the Group Chief Executive, make any comments in the media or publish any article on SABC broadcasting affairs, or on his/her terms and conditions of employment while he is in the service of the Corporation, nor within two years of his leaving the service.
In terms of the Basic Conditions of Employment Act, No 75 of 1997:
Rights of employees
78. (1) Every employee has the right to—
(b) discuss his or her conditions of employment with his or her fellow employees, his or her employer or any other person;
(c) refuse to comply with an instruction that is contrary to this Act or any sectoral determination;
People have constitutional rights, organisations do not. The Constitution guarantees Freedom of Expression.
16. Freedom of expression
- Everyone has the right to freedom of expression, which includes
a. freedom of the press and other media;
b. freedom to receive or impart information or ideas;
c. freedom of artistic creativity; and
d. academic freedom and freedom of scientific research.
Furthermore, the current Personnel Regulation has been amended without negotiating and/or consulting with BEMAWU. The said regulation never had the part ” …nor within two years of his leaving the service. ”
It makes the regulation invalid, and one wonders why the current management wants to regulate employees when they are no longer employees?
It is clear an employee has the right – without seeking permission from the Highness and Tsar himself – in terms of the Constitution and the BCOE to talk to the media about conditions of employment and the SABC in general.