Harare — THE Public Service Commission has declared the ongoing civil servants' strike illegal and ordered all State employees to report for duty or face the legal consequences.

In a statement yesterday, PSC chairman Dr Mariyawanda Nzuwah said the process of negotiations was not yet over and civil servants should follow the dictates of the Public Service Act before declaring an industrial action.

Dr Nzuwah's statement came as unionists described Prime Minister Morgan Tsvangirai's remarks that civil servants should not complain about the salaries they are getting as "irresponsible" and the utterances of a "heartless politician".

Civil servants' representatives yesterday also said PM Tsvangirai should dismantle parallel government structures in his office and use the money being paid to his select group to ensure that State employees are better remunerated.

However, Dr Nzuwah said: "In terms of the law, and by their admission, there is no deadlock between the employer and the public service employees.

"Accordingly, any strike or industrial action by civil servants is premature and illegal in terms of the law . . .

"In light of the foregoing, the Public Service Commission notifies members of the public service who are not reporting for duty that they are doing so in violation of the standing regulations and statutes.

"Any member of the public service who does not report for duty should be prepared to face the consequences of his or her actions."

Dr Nzuwah said civil servants must comply with Section 16:04 of the Public Service Act and the Public Service Regulations (2000).

The cited sections of the law spell out the processes for negotiations and declaring any deadlocks of industrial action.

According to the law, negotiators first engage each other, and if no solution is found, they can call in an independent arbitrator.

If the arbitrator's decision does not go down well with the employee, that party can then proceed to give notice of a strike; which did not happen in the present case.

However, union leaders yesterday vowed to press on with the strike and would be in Chinhoyi on Monday to update their membership on their chosen course of action.

Teachers' Union of Zimbabwe chief executive officer Mr Manuel Nyawo told a rally in Mutare that PM Tsvangirai should redirect money being spent on parallel government staff to genuine civil servants.

"We are talking of the same Government which is broke paying some individuals US$7 000 a

month.

"How many civil servants can be paid with these resources?

"The Prime Minister should divert this money to Treasury because it is creating divisions among civil servants.

"No one is superior to anyone; we are all Government workers.

"We want to emancipate ourselves from the vagaries of political manipulation by some heartless politicians who only remember that we are vital come election time.

"We condemn such behaviour by the Honourable Prime Minister," Mr Nyawo said.

In an interview, Pubic Service Association president Mrs Cecilia Alexander said Government was yet to communicate with them.

"The inclusive Government has failed the workers.

"Our strike is not a political issue but all parties must put their heads together and find a way out because we are digging in and drumming up support everyday," she said.

Zimbabwe Teachers' Association chief executive officer Mr Sifiso Ndlovu added: "We are talking of bread and butter issues here and no politician can influence us because we are driven by our members.

"If he (PM Tsvangirai) is serious he should have engaged us in dialogue not to tell us to return to work without anything.

"Government has not come forward to us asking for negotiations since the strike started and we read in the papers that (Public Service) Minister (Eliphas) Mukonoweshuro will be meeting us."

Progressive Teachers' Union of Zimbabwe secretary-general Mr Raymond Majongwe said the PM wanted them to return to work on empty stomachs.

"We are saying to our members; the struggle continues until we are given something," Mr Majongwe said.

Minister Mukonoweshuro told the media on Tuesday that he would meet union leaders on Thursday, but civil service representatives insisted they had received no communication to that effect from him.

PM Tsvangirai on Thursday said: "When they downed tools they said Tsvangirai promised us money but I did not say how much Government would give the workers."

A few hours after President Mugabe swore him into office last year, PM Tsvangirai told a rally that civil servants could expect a meaningful salary review in a matter of a few months.

He is also on record as saying he had the "keys" to unlock resources.

The civil servants' strike, the first since the early 1990s, has coincided with the first anniversary of the inclusive Government and has been going on for over a week now.

Some State employees have been reporting for work while others have heeded the strike call.