The Police and Prisons Civil Rights Union (POPCRU) welcomes yesterday’s Labour Court outcome dismissing the Department of Correctional Services’ application to stay the execution of its previous Labour Court judgment declaring that Section 197 of the Labour Relations Act applies to the transfer of the Mangaung Correctional Center to the Department of Correctional Services.
This victory is yet another confirmation of POPCRU’s consistent position that the rights, interests and livelihoods of workers cannot be treated as an inconvenience in the process of the Department taking over the Mangaung Correctional Centre from G4S.
POPCRU, together with G4S, previously approached the Labour Court seeking a declaratory order that Section 197 of the Labour Relations Act (which ensures that the current employees are also taken over by the Department) applies to the take over by the Department. This was necessary because the Department of Correctional Services had sought to proceed with the takeover of the Mangaung Correctional Centre without giving effect to the rights and protections of affected workers as required by law. The Labour Court ordered that Section 197 of the LRA applies to the transfer, thereby affirming that workers must not be abandoned, displaced or prejudiced in the process.
Despite this judgment, the Department of Correctional Services proceeded as though the court order did not exist. It continued making arrangements to take over the Mangaung Correctional Centre by 1 July 2026 without taking measures to implement Section 197 in line with the court order. This conduct demonstrated a worrying disregard for workers, collective labour rights and the authority of the courts.
The Department later launched three separate processes in the Labour Court. Firstly, it filed an application for leave to appeal against the section 197 Court Order, and this process is still pending. Secondly, it filed a condonation application due to its late filing of the application for leave to appeal, outside the stipulated timeframes, which will also be dealt with at a later stage. Thirdly, it brought an application to stay the execution of the Section 197 Court Order. POPCRU opposed this application, and today the Labour Appeal Court dismissed the Department’s application.
This means that POPCRU has scored another important victory in defence of workers. The Department has once again been reminded that it cannot act outside the law, ignore court orders and treat affected employees as though they are disposable.
POPCRU is deeply concerned by the Department’s continued arrogance and unwillingness to engage meaningfully with the union on matters of mutual interest. Last week, POPCRU wrote to the Department requesting a meeting to discuss these pressing issues, but this request was ignored. This is unacceptable. Workers on the ground are anxious, affected and suffering, yet the Department continues to behave as though consultation is optional.
It is regrettable that the Department appears to understand only the language of the courts. Instead of engaging openly and responsibly with organised labour, it continues to spend taxpayers’ money on avoidable litigation, including matters it ought to know it is unlikely to win. This is not money coming from the pockets of those who take reckless decisions. It is public money that should be used to strengthen Correctional Services, improve working conditions, address overcrowding, fill vacancies and ensure safer correctional facilities.
POPCRU is further disturbed by reports that, in its preparations to take over the Mangaung Correctional Centre outside the boundaries of Section 197 and contrary to the spirit of the Labour Court judgment, the Department has stripped other correctional facilities of almost 100 officials in order to deploy them to Mangaung. These are facilities that are already facing serious challenges of overcrowding and staff shortages. Such an approach does not solve the crisis; it merely transfers it from one centre to another while placing both officials and inmates at greater risk.
The union has consistently warned that Correctional Services cannot be managed through shortcuts, arrogance and disregard for labour rights. The Department cannot claim to be restoring control at Mangaung while creating instability in other correctional centres. A responsible takeover process must protect workers, respect court orders, comply with labour legislation and ensure that operational planning does not deepen the existing crisis of understaffing across the correctional system.
POPCRU leadership will today brief affected G4S/Mangaung members in Bloemfontein on the latest developments and the way forward. This engagement forms part of POPCRU’s commitment to keeping members fully informed, legally protected and organisationally mobilised.
POPCRU wishes to assure all affected workers that the union will not retreat. We will continue to defend the implementation of Section 197, protect workers’ rights, and ensure that no employee is sacrificed through administrative arrogance or unlawful decision-making.
This victory must send a clear message to the Department of Correctional Services: workers are not collateral damage. Court orders are not suggestions. Labour rights are not optional. POPCRU will use every organisational, legal and political avenue available to defend its members and to ensure that the takeover of Mangaung Correctional Centre is handled lawfully, fairly and in the interests of workers and the correctional system as a whole.
Issued by POPCRU