In our afternoon roundup, see summaries
of our selection of South African labour-
related stories that appeared thus far on
Thursday, 3 December 2020.
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SA must do more to create job opportunities for the disabled TimesLIVE writes that as the world commemorates the International Day for Persons with Disabilities on Thursday, SA still has a long way to go when it comes to creating economic opportunities for the disabled. “Our progress has been slow in terms of seeing the results, we have been slow in ensuring that our environment is inclusive of all people of SA including those with disability,” said Hlengiwe Mkhize, deputy minister in the presidency for women, youth and persons with disabilities. She was speaking at an event on Wednesday hosted by Johannesburg electrical product manufacturer Lesco, and highlighted the importance of the private sector absorbing more disabled people into the workforce. Lesco is one company that heeded the call for economic inclusion of disabled people and embarked on a mission to employ differently-abled individuals who often do not get job opportunities. The company, which employs more than 100 people, has made a huge difference in the lives of staff. Lebo Mashego, who was diagnosed with polio at the age of eight, is among them. She remarked: “Life was really difficult growing up as a disabled person. I never thought I would ever be employed. It was hard because even my family did not understand my frustration. The challenges are everywhere, there are still people who think people living with disabilities are not human enough.” Mashego joined the company in June 2019 and progressed from being a general worker to playing a supervisory role. Lesco chairperson Sipho Nkosi expressed the hope that many more companies would follow suit and employ disabled people and said it started with the corporate will to include them. Read the full original of the report in the above regard by Nonkululeko Njilo at TimesLIVE
Government cannot walk away from wage increase deal scot-free, Labour Appeal Court hears Moneyweb reports that lawyers for public sector unions argued in court on Wednesday that, although SA’s fiscal position has gradually weakened over the past three years, the government cannot walk away from implementing the final leg of a three-year wage increase deal. Trade unions – including the Public Servants Association (PSA) and a number of Cosatu affiliates – approached the Labour Appeal Court to compel the government to stick to the terms of their 2018 wage agreement. Despite 2020 being the final year of the three-year deal, the government unilaterally announced a freeze on public sector wage increases earlier this year in line with its bid to save R160 billion over the next three years. Adv. Jeremy Gauntlett, appearing on behalf of Finance Minister Tito Mboweni, argued that the wage agreement was invalid and unenforceable given that the public finances have vastly changed since the agreement was signed, due in part to the Covid-19 pandemic. However, Adv. William Mokhare on behalf of Nehawu pointed out that as recently as April, the government had indicated a commitment to unions that it would comply with the wage agreement, despite the government experiencing “difficulties” with implementation. Additionally, Mokhare said the decision to sign the 2018 agreement with unions was approved by the cabinet so it should be enforced. Adv. Ngwako Maenetje, who appeared on behalf of three unions, said in the face of the impossibility of the enforcement of the agreement the government could not walk away. Rather the agreement remained valid and the parties were entitled to a “just and equitable” remedy. Read the full original of the report in the above regard by Thando Maeko at Moneyweb Finance Minister tells court that 2018 public sector wage agreement is invalid because of Covid-19 Business Report writes that according to Finance Minister Tito Mboweni, Covid-19 has rendered the 2018 three-year wage agreement with public sector unions invalid and unenforceable, given vastly changed circumstances. Mboweni indicated to the Labour Appeal Court in his 33-page heads of argument submission that the enforcement of the 2020 wage increase clause in the Public Service Co-ordinating Bargaining Council’s 2018 collective agreement would cost the fiscus R37.8 billion. He argued that the three-year wage agreement signed in 2018 was non-compliant with a mandatory statutory requirement imposed by law to ensure fiscal affordability and sustainability. Public sector unions took the government to court after it reneged on the April 2020 wage increase as laid down in the multi-year wage agreement. The unions on Wednesday rejected a last-minute proposal from government to delay the court hearing in a bid to reach an out-of-court settlement. Advocate William Mokhari SC, representing Cosatu affiliate Nehawu, pointed out that the government had not approached unions to renegotiate the implementation of the agreement, but had simply asserted that the agreement was not valid. But Advocate Jeremy Gauntlett SC, representing the National Treasury, argued that section 79 of Public Service had not been complied with as it required Treasury sign-off for the provision of additional funds, which had not been provided. Read the full original of the report in the above regard by Siphelele Dludla and Sechaba Nkosi at Business Report Other internet posting(s) in this news category
Minerals Council celebrates ten Covid-19 Women in Mining Heroes Mining Weekly reports that the Minerals Council SA (MCSA) Women in Mining Leadership Forum has announced ten Covid-19 Women in Mining Heroes, as part of its drive to shine a spotlight on the work done by women in the SA mining industry. The nominations process for the Covid Heroes initiative allowed all council member companies to nominate employees who had gone above and beyond the call of duty in responding to the range of challenges that the pandemic brought for companies, employees, communities, families and individuals. Seventy-seven people working across disciplines were nominated by 24 members companies. The selection panel then chose ten women: AngloGold Ashanti health group sustainability VP Dr Bafedile Chauke-Moagi, Sibanye-Stillwater health and wellness unit manager Dr Duduzile Sibeko, South32 Hillside Aluminium communications specialist Gaynor Kast, Seriti Coal New Denmark occupational health nurse Khosi Kubheka, Impala Platinum people group executive Lee-Ann Samuel, Petra Diamonds Finsch mine occupational medical practitioner Dr Mpho Moloi, Anglo American Coal Centralised Services Division’s safety and sustainable development reporting coordinator Nadine Jacobs, Anglo American Coal Highveld Hospital medical service manager Dr Thulisile Ngwenya, Harmony Gold health executive Dr Tumi Legobye and South32 Africa health, safety and environment operations manager Yogen Chetty. Read the original of the report in the above regard at Mining Weekly NUM members stage underground sit-in at Village Main Reef's Kopanang mine over pension contributions not being paid to fund Fin24 reports that members of the National Union of Mineworkers (NUM) have taken their fight over pensions contribution payments to gold producer Village Main Reef (VMR) through an underground sit-in at the company's Kopanang Mine in North West. On Tuesday, an unverified number of workers started an underground sit-in at the mine. The union released a statement on Wednesday saying that the company had stopped paying pension fund contributions over to the Mineworkers Provident Fund (MPF), despite the company making the usual deductions from workers' salaries. According to NUM president Joseph Montisetse, workers who have left the company though incapacity or retrenchments have, as a result, not been paid out their monies from the fund. The union was due to meet with the mine’s CEO on Wednesday afternoon. In its statement, the union claimed that VMR was targeting the union's shop stewards at the company and that VMR had sent armed guards to confront striking workers. VMR lawyer Nick Veltman said on Wednesday afternoon that the sit-in demonstration was still continuing underground. He indicated: "At the moment the employees have staged a sit in at the Kopanang shaft related to their demands. The SAPS are present and officials from the Department of Mineral Resources and Energy as well as our client are engaging with the unions including the NUM." Read the full original of the report in the above regard by Khulekani Magubane at Fin24 Other general posting(s) relating to mining
Solidarity and Uasa ask Labour Court to hold Denel directors in contempt of court for failing to pay salaries BL Premium reports Solidarity and Uasa are scheduled to appear in the Labour Court on Thursday to ask it to hold the 15 directors of Denel, including the former CEO, in breach of the law for ignoring a court order. According to the trade unions, the directors of the state-owned arms manufacturer should be held in contempt of court for their failure to pay staff salaries as ordered by the Labour Court in August. The court order instructed Denel to pay outstanding monies due to union members, who had received only 20% to 60% of their salaries between May and July. Denel is in a dire financial position and has argued in legal papers that it has lost R5.4bn since 2017. Uasa’s Johan van Niekerk explained that the union was holding the board of directors and managers to account for the first time as “it is their fiduciary responsibility to comply with the law”. Solidarity’s Helgard Cronje said it was a “rule of law” issue because companies and boards of directors needed to obey court orders. In his affidavit before the court, Cronje alleged that the executive directors have been earning full pay and have since October refused to answer questions he posed in that regard. In response, Denel’s new CEO Talib Sadik argued that the directors could not be held liable for the non-payment of salaries as the government, as shareholder, had failed to provide funding for the manufacturer. Read the full original of the report in the above regard by Katharine Child at BusinessLive (paywall access only) SAA employees picket over unpaid salaries EWN reports that employees of South African Airways (SAA) staged a picket at Airways Park in Kempton Park on Thursday. They were demanding outstanding salary payments, with Numsa and the South African Cabin Crew Association claiming that their members had not been paid any salaries for the past eight months. The unions also claimed that workers were being threatened with dismissal if they did not sign and accept changes of employment documents drafted by the business rescue practitioners. Last month, Finance Minister Tito Mboweni allocated R10.5 billion to help SAA implement its controversial business rescue plan. Numsa's Phakamile Hlubi Majola indicated: “It has been eight months since workers at SAA earned an income. Money was allocated to the airline last month to fund the business rescue plan and the restricting of the airline by Treasury, but workers have still not been paid. Yet the business rescue practitioners earn millions in fees and they continue to be paid. It is December and our members have no idea where their next meal will come from.” Read the original of the short report in the above regard by Mia Lindeque at EWN
‘Covid-19 instrument’ designed to protect value of top executives’ incentives a focal point of contention at FirstRand AGM Moneyweb reports that the FirstRand board spent most of its 90-minute annual general meeting (AGM) on Wednesday trying to defend its “Covid-19 instrument”, which was designed to shelter its top executives from the adverse impact of the pandemic on the value of their long-term incentives. The majority of shareholders were not persuaded, with a hefty 56.68% voting against the remuneration implementation report. But, the group’s remuneration committee chair Louis von Zeuner told shareholders that FirstRand’s remuneration was not out of line with other players in the banking industry. He explained that the earnings knock resulting from Covid-19 and the lockdown meant that many of the long-term incentives awarded in 2017 did not pay out in 2020. Von Zeuner said it was also possible that long-term incentives awarded in 2018 and 2019 would not pay out and that this could result in top executives being lured away from the bank. Activist Tracey Davies of Just Share reacted: “The [Covid-19 instrument] bonuses are not linked to performance, are in addition to management’s already extremely generous remuneration, and dwarf any salary sacrifices made in response to the president’s call.” Asief Mohamed of Aeon Investment Management also queried why management substantially benefited when things went well – “but do not share in the downside pain when profits are under strain”. Read the full original of the report in the above regard by Ann Crotty at Moneyweb (https://www.moneyweb.co.za/news/companies-and-deals/focal-point-of-firstrand-agm-remuneration/) Other internet posting(s) in this news category
Presidency claims that employment stimulus plan has already led to over 400,000 job opportunities BL Premium reports that according to the Presidency, more than 400,000 job opportunities have already been supported through President Cyril Ramaphosa's ambitious R100m employment stimulus plan. Ramaphosa's employment stimulus forms part of his October economic recovery plan, which aims is to create 800,000 part-time job opportunities in the current financial year. In addition to building on public employment programmes such as roads construction and municipal cleaning, new innovations have been added such as school teaching assistants, early childhood education workers and other employment opportunities for the youth. About R13bn has been allocated to implement the presidential employment stimulus in 2020. The remaining R87bn will be allocated over the next three years. The first progress report on the implementation of the Presidential Employment Stimulus was released on Tuesday. The Presidency said several employment stimulus programmes were in the recruitment or beneficiary identification phase, while the remaining programmes were all on track to meet their targets. Programmes that have commenced to date include the employment of 300,000 education and general school assistants at schools across the country by the department of basic education. The department of public works and infrastructure expanded its public employment programmes in water and energy efficiency, facilities management, waste management and the Welisizwe Rural Bridges programme, while the environment, forestry and fisheries department has expanded its public employment programmes in natural resource management, environmental protection and infrastructure. Read the full original of the report in the above regard by Genevieve Quintal at BusinessLive (paywall access only)
Inadequate vetting of 300,000 new assistants at schools raises concerns about safety of pupils The Mercury reports that the employment of 200,000 new teaching assistants and 100,000 general assistants at schools across the country has raised concerns about the safety of pupils because of inadequate vetting and shortcomings in the sexual offenders register. Education departments already have to deal with cases of sexual misconduct on the part of teachers, with the SA Council for Educators (SACE) indicating in its annual report that it received 92 sexual-related complaints in 2019/20. SACE spokesperson Thembinkosi Ndhlovu advised that the council had decided to demand that each applicant seeking to register with SACE should submit a police clearance certificate that was not older than six months. SACE also submits an applicant’s details to the Department of Justice for vetting against the National Register for Sexual Offenders (NRSO). But, Lucy Jamieson of UCT’s Children’s Institute said the national child protection register and the National Register for Sex Offenders were incomplete and did not work properly. Jamieson also said any system of doing background checks was not sufficient because the vast majority of people who have committed offences against women and children were not caught or convicted. “What we would like to see is that the principals are actually looking at the staff’s history and check the teachers' history thoroughly,” she said. Elijah Mhlanga of the Department of Basic Education said the new teachers they planned to employ would be required to provide clearance documents. He added: “Child molesters can be found anywhere, but in the case of this programme, the department has done the basic vetting.” Read the full original of the report in the above regard by Karen Singh and Marvin Charles at The Mercury More teachers go rogue with increase in corporal punishment and sexual abuse cases Saturday Star writes that the SA Council of Educators (Sace) recorded an increase in the number of corporal punishment cases and cases of sexual abuse of pupils during the 2019/20 financial year. In Sace’s annual report, CEO Mapula Mokgalane said the financial year under review had been inundated with an increase in cases of professional misconduct by teachers. "The most prominent cases which have raised eyebrows in the community are those pertaining to sexual misconduct and corporal punishment,” Mokgalane advised. The report showed that the council finalised 456 misconduct cases, which included 284 cases reported in 2019/20 and 172 others from previous years. There were a total of 92 cases related to sexual misconduct, rape, indecent assault, sexual assault and sexual harassment, as well as 66 cases involving verbal abuse, victimisation, harassment, defamation and others. "Educators that are found guilty of sexual misconduct are sent to the Department of Social Development to be entered into the register of persons who are unfit to work with children. In 2019/2020, a total of 17 teachers were entered into such a register after council had removed them from the register of fit-to-practise educators," Mokgalane advised. Sace chairman Mabutho Cele said teacher misconduct case management processes would be prioritised in the new financial year after some targets were not met. The council added that it was in the process of appointing and capacitating panellists to process cases. Read the full original of the report in the above regard by Mayibongwe Maqhina at Saturday Star Two Mpumalanga women guilty of fraud after teaching for nine years with fake qualifications News24 reports that two women who taught at schools in Mpumalanga for nine years, did so without any qualifications. On Tuesday, the Volkrust Regional Court found Sibongile Khuzwayo and Nonjabulo Mabuza guilty of fraud. Mpumalanga Hawks spokesperson Captain Dineo Sekgotodi reported that the Department of Education had employed Khuzwayo and Mabuza as teachers in July 2006 on the basis of fraudulent qualifications. Sekgotodi explained: “In 2015, nine years into their unwarranted employment, it came to light that there were teachers in and around Gert Sibande District [who were] employed using fraudulent tertiary qualifications. In an effort to address the concern, the department issued a circular, calling upon all educators to submit their qualifications for authentication. It was during this process that the pair failed to comply and instead, opted to resign." An investigation revealed that Khuzwayo had submitted a fraudulent matric certificate with a serial number belonging to a deceased person. Mabuza had submitted a fraudulent Bachelor of Education degree, purportedly issued by the University of Pretoria. The 10-year sentences imposed on both of the women was suspended for five years on the condition that they not be found guilty of fraud during the period of suspension. A confiscation order to the tune of R600,000 was also issued for their pension funds. Read the full original of the report in the above regard by Alex Mitchley at News24
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