FEDERATION OF CIVIL SERVICE AND

OTHER UNIONS (FCSOU)

Affiliated to the National Trade Union Confederation

11 January 2018.

Mr. N.K. Ballah,

Secretary to Cabinet and Head of the Civil Service,
Prime Minister ’s Office,
New Treasury Building,
Intendance Street,
Port Louis.

Disciplinary action against Secretary of the Prison Officers’ Association

Dear Sir,

The Prison Officers Association (the Union) has reported to this Federation its
disapprobation on the decision of the Commissioner of Prisons to convene Mr. Hanson
Heeranath Mungrah to appear before a disciplinary committee on Wednesday 17
January 2018 for having participated in a radio programme in his capacity as Secretary of
the Prison Officers’ Association.

This Federation views this decision as irrational and unlawful in as much as a trade
unionist enjoys immunity from departmental disciplinary sanctions. Any breach which,
in the opinion of management, could have been committed in this capacity, can be
addressed under provisions of the Employment Relations Act 2008 (amended) (the Act).

Trade Unions are corporate bodies recognised by Government. As such they operate free
from any form of interference as so prescribed under section 30 of the Act. The ensuing
section of the same Act provides protection against discrimination and victimization of
trade unionists.

It is recalled that Mauritius is a country governed by the Rule of Law. Under this rule,
the laws of the country apply indiscriminately to all citizens irrespective of their status.
Accordingly, this imposes a duty on the Commissioner of Prisons to act within the ambit
of any law. He must be fully conversant with those offences that may invite disciplinary
action against an officer wearing the coat of a public officer. On the other hand, a public
officer who is equally a trade unionist wears two distinct caps and the Commissioner
must direct his mind with prudence to make a rational discrimination between these two
official statuses before manifesting any intention to take disciplinary action.

This Federation views the present motivation of the Commissioner of Prisons as being
tainted with malicious and repressive intentions, the main purport of which are to either
suppress the voice of the Union or to enjoin it to operate in line with the whims of the
master. His line of action evidences a serious abuse of authority that was exercised in a
master and slave relation.

The fact that Government granted the right of unionization to Prisons Officers as far
back as 2009 and subsequently recognised the Prison Officers’ Association as a bargaining
agent, it rests with Government to provide the required degree of protection to the
executive members to allow them discharge their duties and responsibilities without any
constraint or threat.

This Federation considers that, had there been the need for any disciplinary sanction, this
should have been directed by your office against the Commissioner of Prisons himself for
having breached the prison’s rule when he accompanied and authorized four women
prisoners to execute dance performances during a recent party organised outside the
premises of the prison where these prisoners were confined. His public reaction, “… je
fais ce que je veux…”, as reported in the press was a revelation of the instinct of
Procrustes, stretching the sphere of his power and authority to his own will and clamping
the freedom of action of trade unionists to his sarcastic pleasure. Should this arrogance
or overbearing pride be construed as a manifestation of the protection bestowed upon
him by occluded quarters? The public concern as to why has he not been sanctioned to
date is still live.

Regarding the case of Mr. Mungrah, Secretary of the Union, this Federation considers
that the Commissioner of Prisons is acting in complete bad faith. To this end, you are
kindly invited to direct him to dissolve the disciplinary committee forthwith.

This office awaits to be informed of your decision.

Yours faithfully,

Narendranath Gopee
President FCSOU / General Secretary NTUC

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3rd Floor - Jade Court, 28 Jummah Mosque Street, Port Louis, MAURITIUS. Tel: 2161977, 2161475 & Fax: 2161977
E-Mail: fcsou@intnet.mu Website: http://www.fcsou.org