Debate over union membership raises questions for NDPP candidate Andrea Johnson

There is nothing wrong with a manager being a member of a labour union, and in fact it is something that is encouraged by unions.

This is according to labour law expert Michael Bagraim who was commenting after this issue was raised during an interview of one of the six candidates for the position of National Director of Public Prosecutions (NDPP) that becomes vacant in January.

 Andrea Johnson, the head of the Investigating Directorate Against Corruption (IDAC), had a hard time explaining why she continued being a union member over many years after stepping up into management. There was also a question posed to her suggesting that her allowing union subscription deductions going off her salary every month to continue unscrutinised was indicative of poor “attention to detail”.

Johnson, interviewed late on Wednesday, faced intense questioning from the panel led by Justice Minister Mmamoloko Kubayi regarding the inclusion of suspended Ekurhuleni legal executive Kemi Behari – an old friend – as a reference on her CV.

The City of Ekurhuleni placed Behari on precautionary suspension for allegedly failing to take disciplinary action against recently suspended Ekurhuleni police head, Brigadier Julius Mkhwanazi, who featured in the Madlanga Commission of Inquiry recently.

Johnson said she had sent her CV a while ago to the panel with Behari among her references. After his suspension, she chose not to update her CV and remove his name to avoid suspicions.

“I chose not to change his reference; otherwise, it looks like I have something to hide. He's been a reference for a long time on my CV,” Johnson explained.

Legal and Ethical

In one of the lengthiest and intense interviews, the panel seemed to take a dim view of Johnson’s decision to remain a union member while occupying high office within the National Prosecuting Authority, citing possible conflict of interest. However, the Constitution and the Labour Relations Act allow for managers to be union members.

“In essence, it is both legal and ethical for a manager to be a member of a labour union. There are in certain businesses rules and regulations implemented where the management have agreed not to join trade unions because of the possibility of a clash and or the possibility of a management problem. It doesn’t always have an inherent conflict of interest.

“Many trade unions encourage management and senior management to join the unions and for the unions to represent them in cases of disciplinary action and or wage negotiations. I don’t see a problem in it at all,” said Bagraim.

Having wrapped up its interviews, the panel was expected to forward its recommendations to President Cyril Ramaphosa whose prerogative it is to appoint the next NDPP to succeed Advocate Shamila Batohi who steps down in January.

The other five candidates interviewed for the position Advocates Nicolette Bell, Adrian Mopp, Xolisile Khanyile, Hermione Cronje – a former NPA investigating unit head - and Menzi Simelane, whom the DA has objected to as someone previously found to be unfit for the position.