This news aggregator site highlights South African labour news from a wide range of internet and print sources. Each posting has a synopsis of the source article, together with a link or reference to the original. Postings cover the range of labour related matters from industrial relations to generalist human resources.
In our roundup of weekend news, see
summaries of our selection of South African
labour-related stories that appeared since
Friday, 31 May 2019.
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‘Strike violence too easily tolerated as the norm and must be outlawed’ Neil Coetzer, partner at Cowan-Harper-Madikizela Attorneys and research fellow at the University of the Free State, writes that the recent strike at Sibanye once again highlighted the sorry state of SA’s industrial relations. The strike lasted about five months and was marred by more than 100 acts of violence, some of them grievous in nature. It was reported that 10 people died and almost 100 homes and vehicles were torched. Coetzer notes that the law reports are replete with similar stories of strikes involving violence. While the Labour Court has indicated its willingness to declare a strike unprotected when violence occurs, this would only be the case when it has reached egregious levels. This suggests some violence should not only be expected during a strike, but that it should be accepted as the norm. Meantime, the Constitutional Court has curiously never made any definitive pronouncements on strike violence, while the Labour Relations Act (LRA), now about 24 years old, is woefully inadequate in dealing with strike violence. Coetzer proposes a number of measures to be implemented to deal with strike violence. One of them could provide for the immediate suspension of the right to strike in circumstances where even a single incident of violence occurs. Another proposal would be the introduction of hefty fines for unions (and their officials) in circumstances where strikes descend into violence. Furthermore, the rule established by the courts that a union should not be required to pay the legal costs of an employer because of the so-called “ongoing relationship” between the union and an employer, needs to be revisited. Coetzer argues that holding people or institutions accountable for their actions, including unions and their members, is not “union bashing”. He says that it is time to leave behind the ideology and romantic ideas that underpinned the strike provisions of the LRA and deal decisively with violent strikes and those who engage in them. Read Neil Coetzer’s thought-provoking article in full at BusinessLive
Quick-thinking colleagues save Pretoria man trapped in trench, but another worker killed News24 reports that quick-thinking workers saved the life of a colleague when a trench he was digging collapsed on him in Pretoria on Friday. But, Netcare 911 spokesperson Shawn Herbst said another worker was killed when the two-metre deep trench collapsed in Oaktree Street, Hazelwood. Seeing only the top of their trapped colleague’s head, the workers scrambled to remove sand to enable him to breathe while waiting for help to arrive. Herbst advised that while emergency workers were trying to recover the body of the man who died, other sections of the trench started collapsing. The recovery operation was then put on hold for safety reasons. Read the original of the report by Jenni Evans on this story at News24 Other internet posting(s) in this news category
Harmony Gold electrical engineering staffer killed in accident News24 reports that a Harmony Gold employee was killed in an accident at the company's Phakisa operation in Odendaalsrus, Free State, the company said on Thursday. Spokesperson Sihle Maake said the employee, who was part of the electrical engineering team, died in an incident at the Nyala hoisting shaft on Wednesday night. She said that an investigation into the incident was underway, but indicated that it was not been related to blasting or drilling or a rock fall. It was apparently related to an issue more specific to maintenance and electrical engineering. This death followed two recent fatalities at two of the company's other operations. On 7 May an employee was killed at the company's Free State Bambanani mine, while on 30 April an employee was killed at the gold producer’s Doornkop operations, west of Johannesburg. Read the full original of the report by Jenni Evans in the above regard at News24. Read Harmony’s short press statement at Harmony News
New Department of Labour and Employment to 'actively focus on jobs' Fin24 reports that President Cyril Ramaphosa indicated on Wednesday evening at his new Cabinet announcement that the labour department would be expanded to focus on employment. The department would henceforth be known as the Department of Labour and Employment (DLE). Ramaphosa explained that the change would demonstrate that government was serious about creating jobs. While new Labour Minister Thulas Nxesi has yet to outline the way forward, many expect that government will start to play a far more active role in job creation rather than only focusing on policy. "It remains a mystery of what government will do," economist Lumkile Mondi commented, adding that with official unemployment rate at 27.1%, the biggest challenge facing SA was joblessness. While the department's previous role was mostly in terms of policy and lawmaking, Mondi said he expected the DLM to play a more active role in employment creation. He observed, however, that in his view government's role should not be to create jobs necessarily, but rather to create an "enabling environment" for businesses to thrive, so that they could create jobs. Labour analyst Mamokgethi Molopyane also said government should not be driving job creation and should instead be putting in place polices that created an enabling environment for the private sector to create employment. Molopyane suggested that the DLM might introduce a division solely focused on employment. Read the full original of Lameez Omarjee’s report in the above regard at Fin24 New labour and employment minister Thulas Nxesi ‘set up for failure’ in Herculean task to end joblessness BL Premium writes that the prospects of newly appointed labour and employment minister Thulas Nxesi creating much needed jobs are near impossible, according to analysts. They argue that Nxesi is being set up for failure if fundamental issues preventing employment in SA are not dealt with. Nxesi, the former public works, and sports minister, is the deputy national chair of the SA Communist Party (SACP). He also had a stint as the general secretary of the SA Democratic Teachers’ Union. His appointment to cabinet comes shortly after data revealed that the unemployment rate jumped to 27.6% in the first quarter of 2019. When asked how he will turn the situation around and assist in creating jobs to reignite the economy, Nxesi said he had not yet assumed his duties and that he still needed a briefing from the departmental officials. Econometrix chief economist Azar Jammine noted that unless the bottlenecks to job creation were addressed, “they are setting themselves up for failure”. Wits School of Economics senior lecturer Lumkile Mondi said the economy required serious restructuring from what he described as the “existing minerals and energy complex”. Labour consultant Tony Healy pointed out that the department could only do so much in enhancing the private sector’s potential to grow jobs because employment was going to come from the private sector, not the public sector. Efficient Group chief economist Dawie Roodt said a lack of job creation, not unemployment, was SA’s problem. “That department should be replaced by a department that will get rid of obstacles to economic growth. To grow the economy, they must protect private property rights, get rid of corruption, and reduce taxes,” he maintained. Read the full original of Luyolo Mkentane’s report in the above regard at BusinessLive (paywall access only)
CEO of SAA resigns, the second head of a state-owned enterprise to quit in two weeks BusinessLive reports that SA Airways (SAA) CEO Vuyani Jarana has become the second head of a major state-owned enterprise to jump ship in as many weeks. Meantime, the government is struggling to keep the companies operational. Last week Jarana resigned from SAA, following in the footsteps of Eskom CEO Phakamani Hadebe, who announced his resignation on 24 May. Jarana cited slow decision-making and red tape at the airline, as well as blurred lines of accountability, for his departure. Hadebe cited his poor health as a reason for his July departure from Eskom. According to Jarana’s resignation letter dated 29 May, the demand to constantly have decisions run past the department of public enterprises and the Treasury "systematically undermined" his efforts to pursue a turnaround strategy and to "nimbly respond to the challenges facing the airline". Jarana has gone through four ministers since joining SAA. "One of the areas of concern is speed of decision-making: it is impossible to succeed in the turnaround with the current level of bureaucracy we have to go through to implement the strategy," Jarana wrote. He added that trust levels were very low within the airline, and despite assurances from the state that funding would be made available, the airline has recently struggled to pay salaries. According to Jarana, he was no longer convinced the airline’s turnaround strategy would succeed. On Sunday, SAA said its board had accepted Jarana’s resignation. He will leave at the end of August. Read the full original of Karl Gernetzky’s report on this story at BusinessLive
Tongaat multimillion-rand executive bonuses ‘paid on basis of inflated profit’ BL Premium reports that a former long-term investor in Tongaat said on Sunday that the sugar producer’s previous management should return multimillion-rand cash bonuses paid on the basis of allegedly inflated profits. Tongaat announced on Friday that it needed to restate its financial statements for the year to March 2018 after identifying "past practices, which are of significant concern". The company said it would probably have to reduce the equity on its 2018 balance sheet by between R3.5bn and R4.5bn, about a third. "These past practices appear to have resulted in financial statements that did not reflect Tongaat Hulett’s underlying business performance accurately," it said in a carefully worded statement that fell short of accusing the previous management of fraudulently manipulating its finances. A review is ongoing and incorporates an independent forensic investigation to establish any evidence of whether any past practices were deliberate. The announcement came days after the resignation of Jenitha John, the board’s audit and compliance committee chair. John resigned due to work commitments and the fact that "current challenges" had increased demands on her time. Chris Logan of Opportune Investment said the company’s former CEO Peter Staude and former CFO Murray Munro, who left in 2018, should repay past bonuses if the payments were based on inflated profits. Between 2008 and 2018, Staude was paid a total remuneration of R176.4m, including a R38.9m cash bonus. Over that period, Staude’s long-term incentives amounted to R55.8m. Munro was paid a total remuneration of R97.6m. Read the full original of Siseko Njobeni’s report on this story at BusinessLive (paywall access only)
Bedfordview licensing staffer sacked after 'you white people' racial rant goes viral News24 reports that the City of Ekurhuleni has fired a staffer filmed making "egregious racist remarks" against a client. Spokesperson Themba Gadebe said on Friday: "The City acted swiftly to institute disciplinary processes against the Bedfordview-based licencing department official following egregious racist remarks and aggression against a client which went viral on the social networks [on] May 20. The official failed to make a substantive written submission on why his contract should not be terminated, subsequently, the City had no option but to dismiss the employee with immediate effect." The action was taken in line with Schedule 8(4), subsection 4 of the Labour Relations Act, "whereby pre-dismissal procedures may be dispensed with if it constitutes exceptional circumstances". Customers at the licencing department were left shocked last Monday after the official made the racial slurs, which was recorded by motivational speaker Gavin Sharples. Read the report by Jenni Evans on this story and view a video clip of the incident at News24
Two former Ekurhuleni officials and a businessman convicted of defrauding municipality of R21.8m News24 reports that a businessman, two former Ekurhuleni city council officials and their two companies have been convicted of corruption, money laundering and defrauding the municipality of R21.8m in 2007. Velero David, the owner of Meropa Sechabeng Technology, Nilesh Singh, former executive director of the city's ICT department, and Andrew Mphushomadi, the city's former chief IT architect, were found guilty in the Commercial Crimes Court in Pretoria on 23 May. Mphushomadi and Singh had worked for the city at the time the crimes were committed. The case emanated from a tender worth R21.8m for the supply and maintenance of computers in the municipality. Singh and Velero (including his company) were found guilty on charges of corruption and fraud. Mphushomadi and his company were also convicted on a charge of money laundering and fraud. The matter was postponed to 31 July for pre-sentence reports. Read the full original of Ntwaagae Seleka’s report on this story at News24 Two Limpopo prison officials arrested by Hawks for tender corruption TimesLIVE reports that the Hawks have arrested two correctional services officials in Limpopo in connection with tender irregularities. A companion of one of the officials stationed at the Kutama Sinthumule Prison in Louis Trichardt was also taken into custody. Hawks spokesperson Captain Matimba Maluleke advised that a procurement officer and an official in the human resources department at the prison were arrested on Wednesday. The officials allegedly connived with a supplier and approved a tender for mattresses at the facility at exorbitant prices in exchange for kickbacks. Maluleke said the investigation revealed that the procurement officer further transferred just over R130,000 into the accomplice’s bank account. The suspects will appear in the Makhado Magistrate’s Court on 20 June 2019 on charges of fraud, corruption and money laundering. Maluleke further advised that the same procurement officer, together with another person, had been arrested by the same team “for allegedly overpricing services in return for gratification amounting to over R2.3m.” They will appear back in court on 28 June. Read the full original of Ernest Mabuza’s report on this story at TimesLIVE
Lindsay Saker manager ‘set up’ with fake racist messages about staff members on WhatsApp News24 report that a service manager at the Lindsay Saker Kempton Park branch has allegedly become the victim of cyberbullying in "fabricated" WhatsApp messages. In one message, Shalen Singh appears to be complaining about black staff members by writing: "My stupid k***** staff are a bunch of monkeys. I'm so tired of trying to get things in order and these black k*****s keep f*cking up so much. (sic)." Another message attributed to Singh states: "I just wish I could fire these all black monkeys & employ the right people, they belong in the jungle along with all the eff members & Julius Malema where the wild animals can kill them all stupid k*****s. (sic)". However, a forensic investigation by Lindsay Saker has revealed that messages were fabrications intended to victimise Singh. MD Denton Thiele said: "We immediately took action and in collaboration with all the staff members launched an investigation into this matter. In collaboration with the SAPS, the investigation involved a forensic analysis of Singh's phone as well as a polygraph. "We concluded that he was innocent. The message appears to have been fabricated in an attempt to victimise [Singh],” Thiele stated. A case has been opened against the person who falsified the messages. Read the full original of Riaan Grobler’s report on this story at News24. Read too, VW staffer was ‘set up’, on page 7 of Saturday Citizen of 1 June 2019 Petrol attendant lauded for lending woman R100 for petrol, big crowdfunding response in thanks News24 reports that a petrol attendant has received wide praise after he lent a woman R100 for petrol. In a Facebook post on Thursday, Monet van Deventer wrote that she stopped at a petrol station on the N2 near Makhaza on her way to Cape Town to fill up her car's tank, but realised that she did not have her bank card with her. A petrol attendant who had been washing her windscreen told her: “'Ma'am you can't run out of petrol on the N2. I'll throw in R100 and then you can just bring back my R100 whenever you are near again.” He paid with his own card. When Van Deventer returned to pay back the money, she asked Nkosikho Mbele why he had helped me and why he had trusted her to pay him back and he replied: 'Ma'am, I am a believer." In a message on the BackaBuddy fundraising platform Van Deventer said she would love to do something for him in return and she appealed to people to donate to help Mbele support his two children, mother and brother who live with him in Khayelitsha. By Saturday morning, over R45,000 had already been raised. Van Deventer has set a fundraising target of R100,000. Read Riaan Grobler’s report on this story at News24. Read too, Petrol attendant lent customer R100 ‘to bring peace and to bring people together', at News24. And also, Petrol attendant's R100 well on its way to becoming R100,000 as donors back crowdfunding campaign, at News24 Other internet posting(s) in this news category
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