Today's Labour News

MINING LABOUR

Registrar of labour relations moves to cancel Amcu’s union registration

BusinessLive reports that in 60 days the axe could fall on the Association of Mineworkers and Construction Union (Amcu), one of SA’s most militant and disruptive trade unions, after a senior government official gave notice on Wednesday of cancelling its registration.  There were two reasons for the notification of the pending cancellation of Amcu’s registration with the department of labour, said Lehlohonolo Molefe, the registrar of labour relations, in a government gazette.  "The trade union has ceased to function in terms of its constitution; and the trade union is not a genuine trade union as envisaged in the act," Molefe indicated in the brief notice, which invited written responses within the next 60 days as to why Amcu’s registration should not be cancelled.  Amcu is likely to challenge Molefe’s notice, both in writing and, if its registration were terminated, all the way through the courts with its strong financial resources and legal team.  Amcu has just come out of a five-month strike at Sibanye-Stillwater's gold division, having gained nothing more than what other unions had agreed on in November.  The union has a history of long strikes, most famously bringing the platinum industry around Rustenburg to its knees with a five-month strike in early 2014.

Read Allan Seccombe’s report in the above regard at BusinessLive. Read too, Axe hangs over Amcu, but timing questioned, at BusinessLive (paywall access only)

UDM’s Bantu Holomisa warns against deregistration of Amcu

Independent News reports that UDM leader Bantu Holomisa has warned the Department of Labour (DoL) against its plan to deregister the Association of Mineworkers and Construction Union (Amcu), saying it would trigger instability.  On Wednesday, the DoL published a notice in the Government Gazette indicating its plan to cancel Amcu’s registration.  The influential union was a breakaway from the ANC-aligned National Union of Mineworkers and rose to prominence in the labour unrest that preceded the 2012 Marikana massacre.  Holomisa said the move by the DoL smelled of political machinations aimed at taming the union.  He called on the department to come clean about the reasons for the cancellation of Amcu, which mainly organises in the platinum sector, but also in the gold and other mining sectors.  Holomisa furthermore observed that the cancellation, which would effectively disable the union from organising in mines or collecting subscription fees from its members, would create instability in the country and the mining industry, as members of the union would be left without a trade union to belong to.  “It is going to create serious tension and instability in the mining industry and in the country.  These members will take to the streets because that is what they know,” Holomisa stated.

Read the full original of Siviwe Feketha’s report on Bantu Holomisa’s views at Independent News. Read too, Amcu ‘is not a genuine trade union’, so here’s what happens now, at Business Insider. And also, Everything was taken into account, says labour department on deregistering Amcu, at TimesLIVE

Coal boss sees Amcu “losing control of its membership” in Mpumalanga

Miningmx reports that according to Reg Demana, CEO of Wescoal Holdings, one of the challenges facing the coal producer was that the Association of Mineworkers and Construction Union (Amcu), the recognised union at its Mpumalanga operations, was losing control of its membership.  Demana observed:  “One of the specific challenges in Mpumalanga is that we have Amcu which is not as strong as it used to be.  It is losing control of its membership.  Employees are now wanting representation in addition to formalised union representation.”  He was speaking after his company announced it would shut its Vanggatfontein mine for up to eight weeks following rioting involving more than 200 employees.  Demana’s comments came on the same day that it was reported that the Department of Labour intended to de-register the union for failing to operate in line with the Labour Relations Act.  In March, Neal Froneman, CEO of Sibanye-Stillwater, commented on Amcu’s structural difficulties as follows:  “Joseph [Mathunjwa, president of AMCU] calls all the shots … I don’t understand how an organisation that is supposedly democratically run operates like that.”  He also opined that Mathunjwa appeared to have a political agenda given his strident criticism of the ANC and government.

Read the full original of David McKay’s report in the above regard at Miningmx

Other labour / community posting(s) relating to mining

• Moody’s hails end of Sibanye gold strike, at BusinessLive
• DA proposes reopening Northern Cape diamond mines to solve unemployment in the province, at EWN
• Cabinet Ministers’ meeting with Xolobeni community on Thursday postponed due to heavy rainfall, at Mining Weekly

LABOUR AND POLITICS

Ramaphosa’s not-so-secret weapon is Cosatu

Bloomberg writes that SA’s largest labour grouping Cosatu is campaigning for a strong mandate for President Cyril Ramaphosa in next month’s general election and has vowed to fight any attempt by factions within the ruling party to remove him from power after the vote.  Ramaphosa’s narrow victory for leader of the ANC in December 2017 has left him with a tenuous grip over the party and speculation is that the losing faction linked to ex-President Jacob Zuma and secretary-general Ace Magashule plan to manoeuvre him out of office before his next term ends.  Support from Cosatu was instrumental in helping Ramaphosa win, and to replace Zuma as president a year ago.  “That will be the day they want to kill the alliance.  We will oppose any attempt to remove Ramaphosa.  It will be the worst kind of betrayal,” Cosatu general secretary Bheki Ntshalintshali commented.  A strong mandate for Ramaphosa in the election could give him more clout within the party and allow him to push through reforms.  “We want to get the ANC 60% and above.  Given our work, because we are on the ground campaigning for the ANC, the party is going to get the necessary majority in order for them to implement their resolutions,” opined Michael Shingange, Cosatu’s first deputy president.

Read the full original of the report in the above regard by Amogelang Mbatha and Nkululeko Ncana at Moneyweb

Cosatu says main May Day rally in KZN 'not going to be a normal' one

Independent News reports that a week before the country’s working class celebrates its international labour day, the Congress of South African Trade Unions (Cosatu) said that as it was KwaZulu-Natal’s (KZN’s) turn to host the main event, major opportunities existed for it to recruit more members in the province.  Spokesperson Sizwe Pamla indicated that their main celebration would be held at Durban’s Sugar Ray Xulu stadium in Clermont on 1 May and their tripartite alliance partners would, according to long established tradition, also send their leaders.  The African National Congress (ANC) would be represented by President Cyril Ramaphosa, while the SA Communist Party (SACP) would send its general secretary, Dr Blade Nzimande.  Cosatu will send its president, Zingiswa Losi.  Pamla said this was “not going to be a normal May Day rally” as the ANC would get a chance to put its elections message to the thousands of workers expected to attend.  Despite allowing the ANC to do that, he said they would not allow workers’ issues to be overshadowed, even though they were intertwined.  Similar and simultaneous big celebrations will be held by Cosatu’s structures in the rest of the eight other provinces, while major industrial provincial towns would also host their events on the same day.

Read the full original of Sihle Mavuso’s report in the above regard at Independent News

RETIREMENT FUNDS

Brian Molefe loses third appeal against paying back unlawful Eskom pension payout

Fin24 reports that former Eskom CEO Brian Molefe has lost his third appeal regarding R11m he received from Eskom as part of a R30m pension payout when he left the state-owned entity.  According to a statement issued by trade union Solidarity, one of the respondents in the matter, Molefe’s application to the judge president of the Supreme Court of Appeal (SCA) for leave to appeal was dismissed for the third time with a punitive cost order.  Eskom had paid out the monies to Molefe, following his resignation in November 2016.  News of the pension payout only surfaced after his reappointment as group CEO in May 2017.  Solidarity approached the courts in November 2017 to declare the payout to Molefe unlawful.  In January 2018, the North Gauteng High Court ordered Molefe to pay back part of the R30m pension payout.  Molefe appealed the judgment, but this was dismissed in April 2018.  Molefe then approached the SCA to review the decision of the high court.  That too was dismissed, with costs, on 5 October.  Molefe then submitted a review application on 1 November, which has now also been dismissed.  "Molefe is painting himself into a corner in an attempt to circumvent the law, and one can only hide behind court processes for so long," said Deon Reyneke, Solidarity's deputy general secretary for the energy industry

Read the original of Lameez Omarjee’s report on the above matter at Fin24. Read too, Brian Molefe loses another appeal against paying back pension, at BusinessLive. Read Solidarity’s press statement at SA Labour News

Everything tikketyboo at Government Employees Pension Fund, principal executive officer assures

Fin24 reports that the head of the Government Employees Pension Fund (GEPF), Abel Sithole, says the fund remains financially sound and employers would not need to increase contributions, despite concerns raised by Alexander Forbes Financial Services in a valuation.  The GEPF is Africa’s largest retirement fund, with over 1.2 million active members and more than 400,000 pensioners and beneficiaries.  An Alexander Forbes actuarial valuation reported that, as of March 2018, the fund was facing a contribution shortfall of R5.6bn per year, or about 0.34% of its liabilities.  The fund also has considerable exposure to contentious investments made by the Public Investment Corporation asset manager, including in IT group AYO Technology Solutions and Steinhoff International Holdings.  The PIC invests on behalf of the pension fund.  Speaking on Thursday, Sithole, the fund’s principal executive officer, said there was no cause for alarm and that the Alexander Forbes report had been subjected to varying interpretations.  "The fund is doing very well and is financially sound.  The accountants and the actuaries say so," he assured.  Sithole added that the GEPF was in a position to continue paying out benefits at rates comparable to past years and that “the reason why the shortfall is not a big issue is because we remain well-funded.

Read the full original of Khulekani Magubane’s on the above at Fin24

NATIONAL HEALTH INSURANCE

Patients besiege private hospitals in Cape Town on Wednesday over delay with NHI

SowetanLive reports that private hospitals and clinics in Cape Town found themselves dealing with a different kind of client on Wednesday when sickly and poor patients arrived to demonstrate their frustration with the slow progress in implementing National Health Insurance (NHI).  Under the banner of Movement for Change and Social Justice - a grassroots organisation from Gugulethu campaigning for better healthcare services in townships - patients arrived at establishments including Life Vincent Pallotti Hospital in Pinelands, Netcare Christiaan Barnard Hospital in the city centre, Crescent Clinic in Kenilworth and various Melomed hospitals.  The organisation demanded that NHI be implemented quickly and wanted clarity on how the state intended to implement universal free healthcare.  Mandla Majola, who led the group, said the protest was a "peaceful demonstration" of poor people's plight and was not an attack on private hospitals.  The protest included the presentation of a memorandum at Parliament.  Under the NHI, contracted private healthcare facilities would be required to provide services to the public sector.  Health minister Aaron Motsoaledi recently asked President Cyril Ramaphosa to take over the roll-out of the scheme, since only the president had the power to make it a reality.

Read the full original of Sipokazi Fokazi’s report on the protest at SowetanLive

SUSPENSIONS / DISMISSALS

University of Fort Hare issues its vice-chancellor with suspension letter

City Press reports that the University of Fort Hare council has issued vice-chancellor and principal Professor Sakhela Buhlungu with a letter of intention to suspend him.  This followed a news story last month about a decision taken by Buhlungu in December last year to suspend the university’s chief audit executive, Martin Soqaga.  The council has also reinstated Soqaga to his position with “immediate effect” following a meeting n 12 April 2019.  At that meeting, the council was presented with a written report from the university’s audit and risk committee in which a number of allegations of serious misconduct were levelled against Buhlungu.  The allegations included that Buhlungu suspended Soqaga irregularly without any authority; that Buhlungu’s actions to irregularly suspend Soqaga were ethically questionable because he was a conflicted party in the two cases on which he was directing Soqaga to give him information; that Buhlungu’s actions had brought the name of the university into disrepute; and that Buhlungu’s actions of irregularly suspending Soqaga without proper procedure amounted to gross disregard of the university audit committee charter, the independence and integrity of the audit and risk committee and the stature of the council of the university.

Read the full detailed report by Msindisi Fengu on this story at City Press

Reinstated PIC company secretary considers legal action over suspension

EWN reports that reinstated Public Investment Corporation (PIC) company secretary Bongani Mathebula says she is considering taking legal action against the corporation.  Mathebula was suspended last year for misconduct after she allegedly leaked confidential information to a whistle-blower.  She was then brought before a disciplinary hearing by former CEO Dan Matjila.  Shortly after Matjila’s resignation, Mathebula was reinstated, but was issued with a final written warning.  But she is challenging this, saying that the move was unwarranted because there was no evidence against her.  “I am considering my legal options on the outcome of the disciplinary hearing and the consequent final written warning for the sake of my reputation as a professional,” Mathebula indicated.  She told the commission of inquiry into the PIC that Matjila and the chairperson of her disciplinary hearing flouted procedures when charging her, adding that it was based on unfounded allegations against her.  Mathebula urged the inquiry to recommend that she be reimbursed for the financial losses she incurred during her suspension.

Read the original of Bonga Dlulane’s report in the above regard at EWN. Read too, Dan Matjila overstepped his authority by suspending me, claims PIC secretary, at EWN. And also, PIC secretary says chief’s look at leaks was a mistake, at Business Report

Other internet posting(s) in this news category

• ‘I want to clear my name,’ says ousted SABC COO Chris Maroleng, at BusinessLive

COMMUTING / TRANSPORT TO AND FROM WORK

Unite Behind calls for Cape Town rail crisis to be declared national disaster

EWN reports that lobby group Unite Behind says that the latest train torching in Cape Town drives home its point that the rail crisis needs to be declared a national disaster.  Twelve coaches were destroyed in an arson attack at Cape Town station on Easter Sunday, resulting in damages of R33 million.  A suspect, Thobela Xoseni, was arrested a day after the incident and has since appeared in court.  Last week, several civil society groups called on President Cyril Ramaphosa to declare the state of the Passenger Rail Agency of SA (Prasa) an emergency, and for the army to be deployed to protect rail infrastructure.  Unite Behind organiser Lumkile Sizile said the latest incident was proof of the severity of the situation.  “We want our president and transport minister [Blade Nzimande] to take the situation seriously.  There are few trains in the Western Cape, a lot of people are struggling... this is a national problem,” Sizile stated.  Meanwhile, Metrorail in the Western Cape expressed fears on Tuesday that the latest train fire could be a sign of more to come.

Read the original of Monique Mortlock’s report on the above at EWN

Other internet posting(s) in this news category

• Cape Town train fire: 'This is a very serious matter', judge tells accused, at News24

OTHER REPORTS

Kopanong municipality owes workers over R100m, but case has allegedly stalled due to ‘outside political influence’

The Citizen reports that a multimillion-rand case of fraud against the Kopanong Local Municipality in the Free State, which allegedly defrauded its workers in pension fund and medical aid contributions, has stalled.  The SA Municipal Workers’ Union (Samwu), which opened the case last year, believes the probe was stalling due to “outside political influence” with the motive of killing the investigation.  Samwu Free State secretary Thabang Tseuoa said on Wednesday:  “The matter is still with the Hawks, it is being investigated by Captain Makgetla and we were informed as far as February that there was an impending arrest of the municipal manager, which to date has not been effected …”  The prosecutor was apparently reluctant to continue with the case because she needed further particulars from the investigating officer, who had failed to provide them to her.  “The inference that we draw out of this is that both the Hawks and the [National Prosecuting Authority] might be reluctant to prosecute because of an outside political influence,” Tseuoa claimed.  He went on to state:  “Our view is more strengthened by the fact that the municipal manager once alleged that his arrest was imminent but because he knows people in high places he is not in custody.  We are going to give them a chance and should they decline to prosecute, we intend to go for private prosecution.”

Read the full original of Gcina Ntsaluba’s report on this story at The Citizen