The Department of Water and Sanitation has committed to pay Nehawu members who were employed at a site in Jan Kempdorp an amount of R4 million
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The Department of Water and Sanitation (DWS) has undertaken to pay R3 million plus interest of R1 million to 44 National Education and Health Allied Workers Union (Nehawu) members who were employed as general workers at a site in Jan Kempdorp in 2014, by August 22.
An attachment order was obtained for the moveable assets at the DWS offices in Pretoria through the sheriff of the court on August 15.
The contracts of the workers were renewed between 2014 and 2019 but were terminated in October 2019. Nehawu claimed that the proper procedures were not followed and that no reasons were provided for their dismissal.
Workers claimed that they were replaced in favour of workers from Limpopo and Mpumalanga, where they were deprived of permanent employment.
The General Public Service Sectoral Bargaining Council (GPSSBC) issued an award of unfair dismissal. It recommended that the Northern Cape workers should have been retained and that the employment period of five years was not "temporary".
It was ordered that the department pay in excess of R69,000 to each worker as compensation by June 15 2021.
Nehawu approached the Labour Court in 2024 when the order dating back to 2021 was not complied with.
The department contended that the workers were not verified and that the work was not completed at the time that the contracts were terminated.
Spokesperson for the Department of Water and Sanitation Mavasa Wisane, said no assets were attached as they had entered into a payment plan with Nehawu representatives last week.
“The principal debt will be paid by Friday, August 22. A portion of the interest portion will be processed by September 15. The department has sufficient funds to settle the award.”
She explained that the delay in payment was due to an ongoing review process.
“The department reviewed the May 2021 GPSSBC ruling through the Labour Court between 2021-2024.
“The award was certified on October 18 2024 and deemed final at this point. After the award was certified in October 2024, the department planned to implement the payment. However, former employees requested the principal debt to be paid together with interest in a once-off payment, whereas the department intended to split the payment.
"Internal discussions led to the decision to pay the principal debt first in May 2025. However, technical issues with the SAP system which is used to make payments for such contracts resulted in further delays, which were resolved by the end of July.”
She added that the workers were employed to refurbish the Vaalharts canal in the Northern Cape and other local projects.
“The initial project was completed although other phases of the project could not be implemented due to budgetary constraints. This resulted in the natural lapse of their contracts as there was no more work on site. Payment of the award was not contingent on completing future project phases and the principal debt will be settled regardless.”
Wisane said the workers employed in Jan Kempdorp consisted of a mixture of workers who were employed on nationwide projects as well as those who were locally sourced for the duration of the project.