Tuesday, 30 November, 2021
HomeSouth AfricaDoctors' union under administration following battle with SAMA

Doctors' union under administration following battle with SAMA

The South African Medical Association Trade Union (Samatu) has been placed under administration by the Labour Court following a protracted battle over the independence of the organisation. Eyewitness News reports that this happened after its own leaders and the Labour Registrar raised concerns about the financial and constitutional independence of the trade union.

Samatu is an entity of the South African Medical Association (SAMA), which was registered as a non-profit company (NPC) and is meant to represent the interests of medical doctors in the private and public sectors. Leaders of the trade union applied to the court to have the organisation placed under administration citing failure to comply with sections of the Labour Relations Act.

This came after its mother body, SAMA, dissolved its leadership and resolved to disestablish the union's structures.

Labour Registrar Advocate Lehlohonolo Molefe explained to eNCA: "The NPC has been in a position to decide who should be the leadership of the trade union which is completely contrary to what the LRA says because the LRA is quite straight in terms of what constitutes a trade union. It is an association of employees, which means its members must decide who will lead them, not anyone else."

The report says the Labour Court order compelled Molefe to appoint an independent administrator within 21 days of the decision.

The Labour Registrar said that he would appoint an independent administrator within 21 days to oversee the affairs of Samatu, says a second Eyewitness News report.

Labour Registrar Advocate Lehlohonolo Molefe explains: "The NPC has been in a position to decide who should be the leadership of the trade union which is completely contrary to what the LRA says because the LRA is quite straight in terms of what constitutes a trade union. It is an association of employees, which means its members must decide who will lead them, not anyone else."

[link url="https://ewn.co.za/2019/10/18/court-places-samatu-under-administration-following-independence-concerns"]Eyewitness News report[/link]

[link url="https://ewn.co.za/2019/10/18/samatu-to-have-independent-administrator-within-21-days-says-labour-registrar"]Second Eyewitness News report[/link]

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