Union says it has legitimacy to represent bailiffs

In a note, to which Lusa had access, SOJA, which had planned a strike between the 6th and 10th of the current month, however, suspended at the request of the CSMJ, declares that the union is properly legalized and represents the class of officers of justice, contrary to the statements of the acting CSMJ secretary, Pedro Chilicuesseue.

The official, who reacted to the strike announcement, questioned the legitimacy of SOJA as a representative of the justice officials assigned to the first instance courts and the legality of the union regarding the continuity of representation of the justice officials in light of the separation between the Ministry of Justice and of Human Rights and the CSMJ, which took place in 2019, with the administrative and financial autonomy of the courts".

SOJA reaffirms its legality in accordance with the provisions of the Constitution of the Republic, the union statutes, the union law, the law on commercial societies, the law on strike and the law on associations.

"SOJA was established and has support provided for in article 50 of the CRA [Constitution of the Republic of Angola] which recognizes the justice officials, as workers, the freedom to create a union association for the defense of their individual and collective interests, as well as the right to defend their rights and interests and exercise the right to social consultation", refers the note.

According to the union, with the autonomy of the courts, "at no time was the legitimacy of SOJA in question, because this association continues to be the entity that represents the justice officials who exercise functions in the courts", recalling that they are being claimed rights and improvements in working conditions.

The document underlines that the claim list was presented on April 15 of this year to the CSMJ and the following day there was an extended meeting convened and directed by the presiding judge of the CSMJ, Joel Leonardo, in which the SOJA governing bodies were presented.

"On August 9, 2021, the second meeting was held at which the venerable presiding judge of the CSMJ, Dr. Joel Leonardo, proposed that we follow the "good examples" of the agreement established between the Ministry of Justice and SOJA for the resolution of the problems in the list of claims, which led us to believe that the CSMJ was willing to solve all the problems in the list of claims", stresses the note.

According to Pedro Chilicuessue's statements, SOJA expressed "a lot of astonishment and surprise", at a time when "the negotiations were taking their first steps".

"In other words, it comes to act in 'venire contra factum umproprium', stating that the secretary general of SOJA was acting with unconfessed purposes, statements that call into question the good image and good name of the institution's representative, when in reality only claims are being made, improving working conditions in the courts, continuing training for bailiffs, career advancement and performance assessment, health insurance, reducing the shortage of bailiffs and reassessing regulations and remuneration status" , reads in the statement.

For SOJA, this position of the CSMJ representative denotes "a delaying maneuver, in the sense of preventing the strike from happening, when this is not the conduct expected from the employer".

The secretary general of SOJA, Joaquim Teixeira, told Lusa today that they will wait until the end of today for a statement by the CSMJ, as it was decided, on Monday, at a meeting between the parties, which aimed at an appreciation and a pre-agreement.

At the meeting, the parties agreed to review some points, with regard to 'timings' and some clauses, such as the issue of promotion of officers and the entry of new officers.