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First National Bank settle R27million claim
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Speeches and Media Releases
 Premier's Office

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MEDIA RELEASE
 FOR IMMEDIATE USE
 25 APRIL 2001

FIRST NATIONAL BANK SETTLE R27MILLION CLAIM

1. SETTLEMENT OF THE QUEENSTOWN OFFICE PARK DISPUTE

The First Rand Bank, formerly known as the First National Bank, has withdrawn its litigation case against Eastern Cape government regarding 
the cancelled construction of government offices in Queenstown - the Queenstown Office Park.

The bank claimed payment of the sum of R27.02 million with interest and costs in a case instituted against the provincial government in the 
Bisho High Court, which the provincial government defended. The bank has withdrawn and the matter is now settled. Each one of the two 
parties paid its own legal costs.

The Executive Council was briefed on the matter and welcomed the development and the withdrawal as long overdue and a vindication of the 
governments correct position.

2. EXECUTIVE COUNCIL APPROVES SEVEN CRUCIAL POLICIES

Today the Executive Council approved seven crucial policies designed to strengthen and improve governments capacity to deliver services 
and ensure upholding of norms and standards.

The policies include HIV/Aids in the workplace, recruitment, disciplinary code and procedure, as well as sexual harassment. Essentially, 
the focus of the guidelines or policies is to improve the implementation of broad policy frameworks outlined in the constitution and the 
legislation especially Public Service Act and Labour Laws in South Africa.

The policies are also a product of a wide ranging consultation with key stakeholders especially unions accepted in the Provincial 
Bargaining Chamber.

They will help close some gaps that existed on especially handling of sexual harassment, substance abuse and HIV/Aids in the workplace.

3. EARLY BREAK OFF FOR CIVIL SERVANTS BEFORE KEY HOLIDAYS

The Eastern Cape provincial administration has noted with great concern the increasing tendency to distort facts about what is going on in 
government for purposes of catching media headlines. The concern follows media reports about the so-called R40 million wastage of public 
funds as civil servants were released early for the Easter weekend.

To put the record straight, we wish to give the following outline of facts regarding the this matter:

* The early release of civil servants, a day before major holidays, the Easter and Christmas, is now an established tradition in all the 
provinces of South Africa;
* An insinuation that the matter was done under cover is also irresponsible in the extreme, when over the years a circular was distributed 
officially releasing civil servants during these big days;
* Also a projection of the R40 million loss perhaps is just a thumb-suck and an indication of being oblivious to the facts, because at the 
time in question, over 60 000 educators were already on holiday while over 20 000 health and other essential service providers were at work 
and not affected by the early break-off of the civil servants;
* It should also be brought to the attention of the Public Service Accountability Monitor (PSAM) that achieving an effective and efficient 
civil service takes more than mechanistical hour counting, and all our policies are designed to transform the civil service.

We trust that the matter would be understood within its appropriate context.

Issued:
 Dr Mvuyo Tom
 Director General of the Province of the Eastern Cape

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BACKGROUND INFORMATION

1. POLICIES

Disciplinary Code and procedure: A guide for Provincial departments;

* Policy on substance abuse;
* Job Evaluation policy;
* Policy on hours of work and overtime;
* Policy guidelines for sexual harassment;
* Recruitment Policy; and

Policy guidelines for human immunodeficiency virus (HIV) Disease, Acquired Immunodeficiency Syndrome (AIDS) and sexually transmitted 
diseases (STDs) in the workplace.

2. BACKGROUND

Disciplinary Code and Procedure

The Eastern Cape Provincial Administration supports the principle of just discipline and undertakes to formulate, implement and apply rules 
regulating the conduct of its employees in order to ensure healthy labour relations, which will result in productive personnel.

The primary objective of the disciplinary code and procedure is to initiate corrective action where the employees work performance and/or 
conduct is unacceptable to the public service in particular and to the public in general. Disciplinary action is specifically directed at 
preventing unacceptable conduct and by so doing contributing to the well being of both the Provincial Administration and its employees.

The disciplinary code and procedure is designed particularly to foster and maintain positive behaviour through: -

* ensuring stable interpersonal relations amongst all personnel;
* ensuring good relations with the legislature and executive;
* ensure good relations with the public;
* ensuring reasonable and just corrective action for all behaviour harming these relations; and

ensuring the maintenance of standard of performance in order to achieve national and provincial goals which include amongst other things 
improved service delivery.

Policy on Substance Abuse

This policy is based on the principle of public servants conducting and potraying themselves in a good light to those they provide services 
to. The province has to be viewed as doing things in a professional manner and with no substance abuse in the workplace.

These policy guidelines will be followed when dealing with employees that abuse intoxicating drugs in the workplace. The province is 
pursuing its ideals of improved service delivery and will not tolerate employees who fail to deliver quality services as a result of being 
under the influence of intoxicating drugs.

Job Evaluation Policy

The purpose of this document is to ensure that everyone in the Provincial Administration has a clear understanding of what Job Evaluation 
entails, what should be expected from the process and how the process is going to be managed in the province.

In view of the fact that this is a new concept, it is imperative to have a comprehensive set of guidelines to cover the whole process.

Job evaluation is used as an objective comparative process to determine relative size or weight of jobs within an organisation. It is aimed 
at providing a defensible and equitable basis for determining and managing internal pay relativity between jobs. It also provides the 
framework within which decisions on salaries and grading can be made.

Policy on hours of work and overtime

The purpose of this policy is to provide a framework for the implementation of the collective agreement Resolution No. 3/VII of 1999 on 
overtime by provincial departments of the Eastern Cape.

Policy Guidelines for Sexual Harassment

The objective for developing this policy is: -

* to eliminate acts of sexual harassment in the Province and to provide appropriate procedures to deal with the problem and prevent its 
recurrence;
* to encourage and promote the development and implementation of policies and procedures that will lead to the creation of workplaces free 
of sexual harassment, in which employers and employees respect one anothers integrity and dignity, their privacy and their right to 
equality, in and outside the workplace;
* to deal with in a sensitive, prompt, unbiased and confidential manner;
* to ensure that neither the grievant nor the alleged harasser are victimised in any way by either management or workers;
* to prevent employees, including job applicants, casual and part-time employees from employees from requesting or compelling managers to 
engage in sexual activity in return for employment, job retention, salary increase, promotion, or service benefits;
* to guarantee job security and job related benefits of the grievant; and
* to ensure that all employees in the Provincial Departments are conversant about sexual harassment related tendencies.

Recruitment Policy of the Eastern Cape

The Public Service Regulations are based upon the following principles which are enshrined in the Constitution of the Republic of South 
Africa, 1996 "to ensure employment equity, fairness, efficiency and the achievement of a representative public service. Affirmative action 
shall be used to speed up creation of a representative and equitable public service and give practical support to those that have been 
previously disadvantaged to enable them to fulfil their maximum potential. Employment practices should maximise flexibility, minimise 
administrative burdens on both the employer and the employee and generally prevent waste and inefficiency."

The purpose of this policy is to provide guidelines to be followed when recruiting candidates for employment in the Eastern Cape Provincial 
Departments. This is in line with the relevant legislation and applicable guidelines pertaining to recruitment. The uniqueness and needs of 
the Province form the basis on which the policy is formulated.

Policy guidelines for Human Immunodeficiency Virus (HIV) Disease, Acquired Immunodeficiency Syndrome (AIDS) and sexually transmitted 
diseases (STDs) in the workplace.

The main purpose and objective is to:

* Provide a framework and guidelines for prevention of the spread of infection and management of personnel who are infected and affected 
with HIV/AIDS;
* Ensure adherence of all Provincial departments to provisions of the HIV/AIDS strategic plan for South Africa 2000-2005 and using it as a 
Framework for action;
* Plan for sustaining healthy, skilled and economically active employees through HIV/AIDS workplace programmes;
* Consider the need for fair and non-discriminatory treatment of employees and prospective employees living with HIV/AIDS; and
* Provide a supportive environment which encourages disclosure of HIV status.
* Ensure that quality service delivery is sustained.

END

Issued: Communications Division - Office of the Premier
 Inquiries: Manelisi Wolela - 040-6392070/082 414 7768
E-mail Address: manelisi@otpmleg1.ecape.gov.za

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