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[1]          Central to this appeal is whether the Occupational Specific Dispensation (OSD) structure of remuneration was, as contended for by the first respondent, introduced to the National Prosecuting Authority (NPA) and made applicable to the posts held by the Deputy Directors of Public Prosecution (DDPPs) and Chief Prosecutors (CPs).[1]    A dispute regarding this aspect resulted in the Public Servants Association (PSA), a trade union, launching an application on behalf of 56 DDPPs and CPs at the Gauteng Division of the High Court, Pretoria (the high court). The NPA was cited as the first respondent; the Minister of Justice and Correctional Services as the second respondent; the Minister of Public Service and Administration as the third respondent; the Minister of Finance as the fourth respondent; the Government Employees Pension Fund, a pension fund scheme for government employees, as the fifth respondent; and the Director-General of the Department of Justice and Constitutional Development (Director-General) as the sixth respondent. Only the NPA, the Minister of Justice and Correctional Services (the Minister) and the Director-General opposed the application. The application served before van der Westhuizen J.

Background facts

[2]           It is common cause that negotiations on wage and other collective bargaining issues had taken place at the Public Service Co-ordinating Bargaining Council (PSCBC) in 2007. These negotiations culminated in several collective agreements being concluded. Since the PSA alleges that those collective agreements are the genesis of this dispute and that the erstwhile National Director of Public Prosecutions, Mr Nxasana, (NDPP) approved the translation of the OSD salary structure to the DDPPs and CPs. It is therefore necessary to give a brief overview of what those collective agreements entailed.

[3]          In terms of PSCBC Resolution 1 of 2007, the OSD salary structure was to be implemented to employees in the legal profession within the justice cluster with effect from 1 July 2007. In terms of that Resolution, the translation measures for the movement to the new structure would be dealt with at the relevant sectoral bargaining council.