OCCUPATIONAL HEALTH & SAFETY

Names of four Tau Lekoa gold mine disaster victims released after last body located on Sunday

News24 reports that Village Main Reef Limited confirmed on Sunday that the final casualty in the Tau Lekoa gold mine disaster near Orkney, North West, had been located and was being retrieved.  The four workers who died were Xolani Meva, 42, of Elliotdale and Lungile Nyawose, 32, from Lusikisiki, both drillers with 11 years of service; Katleho Nthibane, 47, from Bloemfontein, a team leader with 18 years of service; and Karabo Mabuthile, 35, a driller from Fochville with two years of service.  Only one mineworker survived the incident.  He is in a serious but stable condition after being rescued soon after the rockfall, which occurred as a result of seismic activity in the mine on Friday afternoon.  National Union of Mineworkers (NUM) spokesperson Livhuwani Mammburu said it had been a "sad experience" to see the casualties brought to surface after losing contact with them on Friday afternoon, as they struggled to breathe.  The bodies of three of the four trapped mineworkers were recovered by rescue workers on Saturday evening.  Village Main Reef Limited spokesperson James Duncan advised that the rescue team resumed their search on Sunday morning, after an overnight ground fall had forced it to withdraw.

Read the full original of the report in the above regard by Tammy Petersen at News24

Other internet posting(s) in this news category

• JMPD officer in serious but stable condition following shooting on Friday evening, at News24
• Police officer wounded, 'robber' killed in Sasolburg shootout, at News24

INDUSTRIAL ACTION / STRIKES

Proteas-England series saved (for now) as cricket players decide against strike

The Citizen reports that local cricket fans who need a break from the shenanigans at Cricket South Africa (CSA) can be rest assured that the Proteas will play England later this month.  The South African Cricketers Association (Saca) last week threatened the embattled federation with a potentially historic first industrial action by players due to the ongoing sidelining of the union in terms of representation at administrative level.  However, following a meeting of its player executive committee on Friday, it was decided that the full-fledged tour, which commences on 26 December with a four-Test series, was too important to place into jeopardy.  “Saca reiterates that industrial action by the players should be viewed only as a very last resort,” Tony Irish, Saca’s outgoing chief, indicated.  He added, however, that:  “It is abundantly clear that there is no confidence, from any quarter amongst cricket stakeholders, in the CSA board.”  Saca also called for the immediate canning of CSA’s planned domestic restructure, which could endanger 70 jobs, as well as full independent inquiries into CSA’s finances and the individuals responsible for the governance meltdown.

Read the full original of the report in the above regard by Heinz Schenk at The Citizen. Read too, CSA suspends chief executive officer Thabang Moroe, at The Citizen

MINING LABOUR

DMRE calls for public comment on MPRDA amendments, community resettlement guidelines

Mining Weekly reports that the public has been given until 31 January 2020 to submit comments on the draft amendments to the Mineral Petroleum Resources Development Act (MPRDA) and the draft Mine Community Resettlement Guidelines.  The Department of Mineral Resources and Energy (DMRE) on Thursday indicated that the drafts had been gazetted for public comment.  The draft amendments to the MPRDA include amendments to the sections on social and labour plans; environmental regulations for mineral development, petroleum exploration and production; and pollution control and waste management regulations, besides others.  Trade union Solidarity commented in a statement that the proposed amendment to the MPRDA entered trade unions’ and mining companies’ territory "unnecessarily" regarding the prevention and handling of retrenchments.  It stated that the relevant amendment did not make sense and should be scrapped.  Meanwhile, the resettlement guidelines are intended to outline the process and requirements to be complied with by an applicant or a holder of a prospecting right, mining right or mining permit when such application or right will result in the physical resettlement of landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities, from their land.

Read the full original of the report in the above regard by Mining Weekly

Solidarity calls for proposed MPRDA amendments to be canned

Business Report writes that trade union Solidarity has called on the Department of Mineral Resources and Energy (DMRE) to can its recently unveiled draft amendments to the Mineral Petroleum Resources Development Regulations.  Solidarity general secretary Gideon Du Plessis said last week that the union was not convinced that the proposed amendments were necessary.  He charged that the DMRE had entered trade unions’ and mining companies’ territory unnecessarily regarding the prevention and handling of retrenchments.  “Solidarity recommends that the proposed regulation regarding the duplication of a retrenchment process is scrapped, but that it should also be considered to scrap the Mining and Minerals Development Board,” Du Plessis said.  The union’s call came after the DMRE announced the gazetted amendments to the regulations, as well as the draft Mine Community Resettlement Guidelines, for public comments.  The proposed amendment relating to retrenchments would require that employers submit details of prior consultations, including dates, times and attendance registers, within seven days of the process between employers and labour unions.  “This amended regulation does not make sense and must be scrapped, because the retrenchment process is regulated comprehensively by section 189 of the Labour Relations Act, and therefore there is no need for the department to duplicate the process in mining legislature,” said Du Plessis.  He added that the Mining and Minerals Development Board had been ineffective, and was therefore an unnecessary expense that taxpayers had to subsidise.

Read the full original of the report in the above regard by Dineo Faku at Business Report

CRISIS AT SAA

Unions ‘excluded’ from SAA rescue plans threaten to go to court

Saturday Star reports that two unions have threatened to go to court to challenge the decision to appoint a business rescue practitioner at SAA without consulting them.  The National Union of Metalworkers of SA (Numsa) and the South African Cabin Crew Association (Sacca) said on Friday they wanted the government to meet their conditions before accepting the business rescue process.  SAA named Les Matuson as the business rescue practitioner, but Numsa and Sacca are up in arms over the move.  Numsa spokesperson Phakamile Hlubi-Majola said the government was directly interfering in the process and had already determined the process when it appointed Matuson.  She said they want former SAA group chief executive Vuyani Jarana to be appointed as an expert and for him to work hand in hand with Matuson for them to accept this process.  “If they do not accept that condition we will go to court and apply for an urgent interdict for the court to give us a directive stipulating that the business rescue application which Solidarity made continues because they have not withdrawn that application,” said Hlubi-Majola.  She also said they would do everything in their power to save thousands of jobs at the airline.  SAA said earlier the business rescue practitioner would determine the number of jobs that would be cut.  The airline had earlier proposed to retrench 944 people, but the unions rejected this.  

Read the full original of the report in the above regard by Siyabonga Mkwanazi at Independent News

LABOUR AND POLITICS

Look to example of unions when creating coalitions, Solidarity’s Gideon du Plessis tells political parties

Gideon du Plessis, general secretary of trade union Solidarity, writes that the latest developments at the Johannesburg city council merely accentuate the cycle of political coalitions that are renowned for making up and breaking up.  He notes that the phenomenon of formal coalition formation has been established in trade unionism for some time and shares commonalities with coalitions in the political environment.  In the mining sector most of the trade union coalitions between Solidarity, the National Union of Mineworkers and Uasa are formed in combinations of two of the trade unions, or all three jointly.  Even Amcu, which tends to function independently, finds itself in a coalition with Uasa in the coal sector.  In the aviation sector various coalitions exist between Satawu, Uasa, Solidarity and Uasa.  Du Plessis points out that trade union coalitions last much longer than political coalitions, and political parties stand to learn something from trade unions’ 10-point plan for successful coalitions.  The points are spelt out in Du Plessis’ article.  Among other points, he points out that trade unions agree beforehand that there will be differences between them and there will be room to allow for differences, but the protocol is that differences are sorted out behind the scenes and not in public.  Also, unions agree beforehand what the framework and procedures of their co-operation would be.  In that way, agreement is, broadly speaking, reached about issues that require joint action and those that unions would drive individually.  Moreover, there must be ongoing contact between the leadership (both the national and local leadership) of the unions that are partners in a coalition so as to identify a potential issue of contention between them expeditiously, thus ensuring that an established communication channel is in place when proactive action is called for.

Read the full original of Gideon du Plessis’ article at BusinessLive

QUALIFICATIONS

Prasa executive, who lied about his qualifications, loses bid for leave to appeal R5.7m judgment

News24 reports that a former Passenger Rail Agency of SA (Prasa) executive, who was found to have lied about his qualifications, has lost his bid to appeal a court order that he must pay back R5.7m received from Prasa since 2010.  The South Gauteng High Court on Friday dismissed "Dr" Daniel Mthimkhulu's application for leave to appeal a September judgment, in which it had found that he had misrepresented his qualifications and, as a result, had secured a promotion.  Judge Leoni Windell noted that her previous finding that Mthimkhulu had made fraudulent representations had not been made lightly and that another court would not come to a different conclusion.  According to Windell's judgment, “it is common cause that Mr Mthimkhulu, at the time of his appointment, did not hold a National Diploma and Bachelors' Degree from the VUT and only had a matric qualification.”  But Mthimkhulu's curriculum vitae (CV), as found in his personnel file, clearly stated he had obtained the VUT degrees in 2010, and held a 2010 doctoral degree in "engineering management".  Mthimkhulu told the court that people in Prasa who were intent on destroying his career had fabricated the CV and placed it in his personnel file.  Windell had ruled in September that she was “satisfied that Mr Mthimkhulu falsely represented to Prasa that he held a national diploma and a bachelors' degree from the VUT.  This false representation induced Prasa to appoint him in the position of Executive Manager: Engineering Services."

Read the full original of the report in the above regard by Kyle Cowan at News24

Credentials of TUT’s chief financial officer in spotlight

The Sunday Independent reports that the qualifications of the man at the helm of Tshwane University of Technology’s (TUT’s) finances have come under the spotlight after relevant state regulatory bodies said they had no records of him being registered as a chartered accountant (CA).  While S’celo Andreas Mahlalela states in his biography on the TUT website and his LinkedIn page that he is a qualified CA, the SA Institute of Chartered Accountants (Saica) has advised that he was not registered with them.  It is believed he is only registered in Zimbabwe.  However, Mahlalela’s registration could not be traced by the Institute of Chartered Accountants of Zimbabwe either.  When the post of chief financial officer was advertised, it specified that preference would be given to a qualified CA.  In his biography, Mahlalela stated that he was a qualified CA with an MBA in finance and more than 15 years of financial management experience.  He added that he served his articles at KPMG.  A TUT spokesperson confirmed that Mahlalela had been appointed to the position of chief financial officer in August 2015, but failed to clarify the issue of him being an accountant.  Sources, however, claimed Mahlalela was politically connected and was being protected by those in senior positions at the institution.  Meantime, the parliamentary portfolio committee on higher education, science and technology has called for an investigation into the business unit of the university.  This came after management appeared before the committee to answer to allegations of corruption, maladministration, nepotism and abuse of power.

Read the full original of the report in the above regard by Karabo Ngoepe and Mzilikazi Wa Afrika on page 4 of The Sunday Independent of 8 December 2019

MEDICAL SCHEMES / NATIONAL HEALTH INSURANCE

Council for Medical Schemes plans to scrap low-cost health schemes used by low-income families

BL Premium reports that the Council for Medical Schemes (CMS) has sent shock waves through the industry in announcing plans to scrap by March 2021 the pared-down schemes and primary health-care products used by low-income families.  CMS registrar Sipho Kabane issued a circular on 4 December, saying no low-cost benefit options would be permitted going forward, and no more products based on exemptions to the Medical Schemes Act would be allowed after March 2021.  Products that will be affected include bargaining-council medical schemes that cover workers in industries such as transport and fishing, which have for decades been allowed to provide less cover than traditional medical schemes.  Without an alternative, the demise of such products could leave hundreds of thousands of families without access to private health care.  The move will also throw a spanner in the works for medical schemes and insurers that have been developing cheap products aimed at low-income workers.  Many of these products are subsidised by employers and, at a few hundred rand a month, cost a fraction of traditional medical-scheme cover.  The CMS said it was developing a new and more affordable prescribed minimum benefit package with a strong emphasis on primary health care, but industry sources are sceptical it will be in place by the 2021 deadline.  The exemption framework had created opportunities for companies to offer products that were not in consumers’ best interests, Kabane said.  "Our major concern is that they overpromise and underdeliver," he claimed.

Read the full original of the report in the above regard by Tamar Kahn at BusinessLive (paywall access only)

DISMISSALS / SUSPENSIONS

Judgment reserved in Old Mutual’s ‘unwinnable’ appeal against axed CEO Peter Moyo’s reinstatement

Fin24 reports that the Johannesburg High Court on Friday reserved judgement in Old Mutual’s appeal against a lower court ruling reinstating axed CEO Peter Moyo.  In front of a full bench of three judges, Old Mutual was appealing against a July order by Judge Brian Mashile that the insurer must reinstate Moyo.  While Mashile’s July order had been based on the argument that insurer had not afforded Moyo a disciplinary hearing, the insurer changed gears on Thursday and told the court that Moyo had been afforded some form of hearing.  During his closing remarks, Advocate Gilbert Marcus, representing the Old Mutual board, said:  "It is not that Mr Moyo was afforded no hearing at all; the complaint goes to the form of the hearing.  He contends it had to be in a disciplinary hearing."  Moyo, however, said that at no point had he been made aware that his engagements with the board had amounted to some form of hearing.  “At no point did I believe I was actually having a hearing," he asserted.  According to Judge Mashile, Moyo was supposed to have been afforded a hearing or arbitration since the insurer had publicly accused him of conflict of interest and gross misconduct.  Old Mutual, however, cited breakdown in trust and confidence when it had handed him his dismissal letter.  Advocate Dali Mpofu, representing Moyo, opined after last week’s hearing that Old Mutual had failed to convince the appeal court why it should interfere with the July ruling.  He claimed it was a forgone conclusion that it was an "unwinnable" battle for Old Mutual.

Read the full original of the report in the above regard by Londiwe Buthelezi at Fin24

Judge who ordered reinstatement of Old Mutual’s axed CEO Peter Moyo recuses himself

BL Premium reports that according to Old Mutual, the judge who ordered the insurer to reinstate axed CEO Peter Moyo has decided to recuse himself.  The company said in a statement on Friday after a hearing in the Mpumalanga High Court that the decision came after Moyo's legal team introduced “allegations that Old Mutual was scandalising the court”, putting Judge Brian Mashile in an “untenable position”.  Old Mutual spokesperson, Tabby Tsengiwe, pointed out that Moyo's legal team had named Mashile in their contempt of court affidavit and personally involved him in the case.  The company said that despite asking Moyo's team to remove this reference to the judge from their affidavit, they refused to do so, leaving the insurer with no choice but to apply for the judge's recusal.  The insurer said the decision to proceed with a recusal application had been a “difficult one and we welcome and respect Judge Mashile's decision to recuse himself”.  Moyo's lawyer, Eric Mabuza, described Mashile's recusal as “an own goal” for Old Mutual, saying it “removes any barrier against this contempt application being heard and decided”.  Mabuza indicated that Moyo's legal team did not attend Friday's court hearing for Mashile's recusal, which effectively meant it was unopposed.  Old Mutual has been embroiled in a bitter feud with its former CEO since May, when it suspended and later fired him.

Read the full original of the report in the above regard by Karyn Maughan at BusinessLive (paywall access only)

Over 200 Johannesburg firefighters dismissed after illegal strike

News24 reports that around 200 firefighters have reportedly been dismissed from the City of Johannesburg after an unauthorised strike.  The dismissals were due to an illegal strike by union Demawusa earlier this year, according to a report by eNCA.  The dismissals were confirmed by Demawusa spokesperson Dion Makhura.  However, the union had received no official communication from the City, he said.  City of Johannesburg Emergency Management Services spokesperson Robert Mulaudzi confirmed that 202 employees had been dismissed for a range of charges, including gross insubordination, dereliction of duties, acting in a manner that is in breach of their employment contact or job description, acting in a manner that is unlawful, and bringing the name of the City of Johannesburg into disrepute, following an illegal strike.  The dismissed firefighters have seven days to lodge an appeal.  The strike in July followed accusations by firefighters that Emergency Services Management was not adhering to the National Health Act.  Some of the firefighters were also reportedly forced to live in an unsafe building.  During the strike, firefighters refused to attend to emergency calls made to the Jabulani, Johannesburg Central, Ivory Park and Rosebank fire stations, citing that some of the allocated duties assigned to them as basic life support officers were in fact duties to be performed by the intermediate life support officers.  The firefighters also requested around the clock escorts from the JMPD when responding to emergencies.  

Read the full original of the report in the above regard by Nicole McCain at News24