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One of South Africa’s oldest and largest public sector unions, the Public Servants Association (PSA), has vowed to fight what it described as attempts by the Department of Employment and Labour (DEL) to have it deregistered.

The commitment to resist follows the department’s confirmation that the Registrar of Labour Relations has published a notice of intention to cancel the PSA’s registration as a trade union.

Founded in 1920, the PSA represents more than 245,000 public servants – making it the country’s third-largest public sector union.

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According to DEL, the proposed deregistration stems from concerns raised during recent court proceedings over the PSA’s compliance with the Labour Relations Act (LRA).

During the proceedings, the court questioned whether the organisation still met the legal definition of a genuine trade union, whether it was functioning in accordance with its constitution and whether it had complied with statutory requirements relating to governance and accountability.

The Registrar further cited alleged non-compliance with sections 98, 99 and 100 of the Labour Relations Act, which deal with financial reporting, record-keeping and transparency obligations.

“The judgment reinforced the importance of these compliance standards as fundamental to maintaining the integrity of the labour relations system,” the department said.

However, PSA General Manager Reuben Maleka has dismissed the process as unjustified, insisting that the union will vigorously oppose any attempt to strip it of its legal status.

Maleka, who said the notice has already done tremendous damage to PSA’s image, questioned the department’s decision to “rush and gazette the notice” without first engagement the union on its concerns.

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With the matter likely to trigger a protracted legal battle between DEL and PSA, Maleka said the union was concerned that the department appeared not to be concerned about the financial implications of engaging in such legal processes.

“Its because the department knows that it is the taxpayer who will foot its legal bill,” he said.

Despite the looming threat of deregistration, Maleka said the PSA remained confident that it will successfully challenge the Registrar’s decision through the courts

On the other hand, DEL has stressed that the gazetted notice does not amount to a final decision, and that the PSA remains a registered trade union while the administrative process unfolds.

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In terms of the Labour Relations Act, the PSA and other interested parties have been given 60 days to submit written representations explaining why the union’s registration should not be cancelled.

The Registrar, DEL said, will consider all submissions before making a final determination.