In our Wednesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Trade union Solidarity welcomes investigation into explosion at Medupi Unit 4 Engineering News reports that trade union Solidarity says it supports power utility Eskom's investigation following an explosion on Sunday at Unit 4 of the Medupi power station in Lephalale. On Monday, Eskom confirmed that the unit generator had been severely damaged in the explosion, which occurred during the displacement of hydrogen with carbon dioxide and air, respectively, for the purposes of finding an external leak. No injuries were sustained, but Eskom placed the employees who were responsible for managing and executing this work under precautionary suspension, pending the conclusion of a major event investigation. On Tuesday, Solidarity said it would represent its members who have been suspended. “We are currently compiling motivational documentation to provide reasons why our members should not be suspended. Regarding the statement that sabotage was committed, it is highly unlikely that employees would risk their jobs and especially their lives to cause an explosion,” said Solidarity’s Deon Reyneke. Noting that the main purpose of Eskom’s investigation was to find the cause of the accident, which did not necessarily mean there was a guilty party, Reyneke went on to say: “We support Eskom’s decision to investigate the explosion and have advised our members to cooperate fully with the investigation. We will also represent them during the process. The explosion was a major shock to us and our members that were on duty at the plant.” Read the full original of the report in the above regard at Engineering News. Read Solidarity’s press statement regarding the above at Solidarity News. Lees ook, Ondersoek ná Medupi-ontploffing verwelkom, by Maroela Media Durban security guard killed in drive-by shooting early on Tuesday morning The Witness reports that a security guard was shot dead in a drive-by shooting on Electron Road in Durban on Tuesday morning. Emer-G-Med advised that just after 6 am paramedics were called to the scene of a shooting incident in the Springfield Park area. When they arrived there, a man believed to be in his 50s was found with several gunshot wounds and was declared dead. “Reports from the scene allege the man to be a security officer who was shot by an unknown number of suspects in a drive-by shooting, as he was arriving at his place of work,” said Emer-G-Med. The police were in attendance and will be conducting the necessary investigation. Read the full original of the report in the above regard compiled by Nompilo Kunene at The Witness
Labour Minister must withdraw ‘mandatory vaccinations’ guidelines, insists business group Sakeliga The Citizen reports that business group Sakeliga is not happy with the directive that Department of Employment and Labour (DEL) Minister Thulas Nxesi issued two months ago regarding vaccination in the workplace. The organisation has given him until Thursday to withdraw the policy direction for ‘mandatory’ vaccinations, and issue a press release to inform the public of the correct legal position regarding the right to constitutional integrity. According to Nxesi’s consolidated direction on occupational health and safety measures in certain workplaces issued on 14 June, where employees refuse to be vaccinated for medical and constitutional reasons, employers should find a reasonable resolution that accommodates all parties. If employers decide to make vaccination mandatory, they must identify which employees would be required to be vaccinated, based on the risk of transmission or a risk of severe Covid-19 or death due to their age, or comorbidities. According to Sakeliga, certain employers, including state-owned entities, have now embarked on a process of requiring mandatory vaccinations of employees and independent contractors and various mechanisms were being used to compel employees to be vaccinated, including threats of dismissal or disciplinary penalties. Sakeliga’s letter says these practices are unconstitutional and constitute unfair labour practices and that the minister’s directions have not made it lawful for employers to institute mandatory vaccination programmes. “The policy has in the last week caused significant legal uncertainty amongst employers and employees regarding the actual position of the law and creates a dangerous legal precedent distinctly undermining the constitutional rights of contracting parties. Despite our client’s doubts about the constitutionality of any mandatory vaccination programme, the current structure of the law simply does not allow for such programmes,” Sakeliga’s lawyers indicated in the letter. Read the full original of the report in the above regard by Ina Opperman at The Citizen
Justice for Miners wants Tshiamiso Trust to expedite payment of TB and silicosis compensation to 500,000 miners BL Premium reports that Bishop Jo Seoka, chair of the Justice for Miners Organisation, says payment of compensation to 500,000 miners who became sick with tuberculosis (TB) and/or silicosis because of their jobs, must be expedited. Last Monday, the Tshiamiso Trust paid a “first major batch” of payments to 102 claimants. This followed payment to seven others during a pilot exercise in December 2020. But, the 109 paid claims, totalling some R9m, represent only a fraction of the approximately 41,000 claims filed to date. Seoka said: “As much as we see this as a step in the right direction, it is but a drop in the ocean. We say this knowing that half a loaf is better than nothing.” He was referring to a 2019 settlement, endorsed by the High Court, relating to compensation through the Tshiamiso Trust of mineworkers who had contracted chronic respiratory illnesses due to their work at six gold mining companies. “To report a settlement of R9,074,523 in the two years since the Trust deed became effective on July 26 2019 is hammering a nail on the coffin of the majority of still uncompensated claimants and their families,” Seoka said. Justice for Miners, which works with affected miners and the families of deceased affected mineworkers, is pressing the trust to make a slew of changes. According to the organisation, there are “serious problems” at sites where applicants can lodge claims in terms of how they treat claimants, handle cases, run medical examinations and source work records. Seoka insisted that medical processes, including x-rays and autopsies, must improve. He flagged that certain documents were only available in English and called for improved communication with claimants. Seoka was also adamant that the trust “should err on the side of paying claimants rather than not paying”, Read the full original of the report in the above regard by Erin Bates at BusinessLive (paywall access only)
Unions up in arms as court gives nod to Mango’s application for business rescue BusinessLive reports that the South Gauteng High Court on Tuesday approved low-cost airline Mango, which is a subsidiary of SA Airways, going into voluntary business rescue. The judge dismissed an application by three unions to have Mango placed in business rescue and instead accepted an application by Mango itself to be allowed to do so voluntarily. Responding to the judgment, the Mango Pilots’ Association (MPA) and the SA Cabin Crew Association (Sacca) said that the high court’s dismissal of their case in the airline’s favour opened up the business rescue system to abuse by companies seeking to block liquidation applications, or even stop other rival business rescue applications. The two unions and the National Union of Metalworkers of SA (Numsa) brought an urgent application last week to have the carrier placed in business rescue. MPA chairperson Jordan Butler commented that the ruling had the potential to set an “important legal precedent in terms of the Companies Act and the way business rescue is conducted in the future”. He explained: “Mango basically passed their business rescue resolution on April 16, and has sat on it for three-and-a-half months, and so it (the ruling) could open up a can of worms for the business rescue process in SA in the future. This could mean companies could just keep a resolution for months on end, just in case someone files a liquidation application.” He added that in principle the organisation was “happy Mango is in business rescue”, but that they “just wanted to do it together”, with the airline. Sacca president Zazi Nsibanyoni-Mugambi said the ruling meant companies “can take a business resolution whenever they want, put it in their drawer and use it whenever it suits them. It creates an opportunity for fraud for businesses.” Read the full original of the report in the above regard by Nick Wilson at BusinessLive. Read too, Mango placed in voluntary business rescue, at Fin24
Nursing union Denosa says shortage of staff at Gauteng public hospitals a widespread issue EWN reports that the Democratic Nursing Organisation of SA (Denosa) on Tuesday said the shortage of staff at public hospitals in Gauteng was more widespread than just the Helen Joseph Hospital. Eyewitness News reported on Tuesday on the pleas of staff at the Helen Joseph Hospital for government to make more funding available to employ more nurses to deal with the influx of patients at the facility. This with the Charlotte Maxeke Academic Hospital still partially closed following a fire. Denosa's Gauteng secretary Bongani Mazibuko described horrific scenes at public hospitals in recent weeks as distraught nurses battled to cope. But Mazibuko added that this was no fault of the nurses as they were trying their best to make do with what they had. “You can’t blame the nurse for not having a bed, this is the responsibility of the hospital.” Last month, Sichelesile Dube died in a wheelchair while waiting for a bed at the Helen Joseph Hospital. Her mother discovered her body still in the same spot where she had left her the previous day. Read the full original of the report in the above regard by Mia Lindeque at EWN
Unisa graduates start petition in bid to get their certificates issued EWN reports that University of South Africa (Unisa) students have started a petition in a desperate plea to have the university release their certificates, months after they graduated. They lamented on Tuesday that the situation had major consequences on their personal lives as they have been unable to apply for jobs and further their studies. The petition has so far garnered nearly 1,000 signatures from frustrated students around the country. One student said: “We are pleading with the university to prioritise graduates.” Another said: “I couldn’t register in 2021 for my LLB degree with the same university.” Odette Jones, who completed her Bachelor of Education degree last year, started the petition in a bid to force the university to make a formal commitment. She claimed that attempts to get answers from the university and Unisa's ombudsman had been fruitless. Unisa failed to give a formal response regarding the issue, despite a number of attempts by Eyewitness News. Read the full original of the report in the above regard by Thando Kubheka at EWN Cathsseta’s clearing of backlog of tourist guide certificates hailed Cape Argus reports that the Culture, Art, Tourism, Hospitality and Sport Sector Education and Training Authority (Cathsseta) has confirmed that it has cleared the backlog in respect of certification of learners, including learner tourist guides in the Western Cape. This came after the standing committee on economic opportunities and tourism tackled Cathsseta when it emerged that some learner guides had been waiting for up to a year to receive their certificates. In a letter to the committee, provincial economic development and tourism department head Solly Fourie explained that the problem had been caused by a transition period during which the old system for learner enrolments closed in October 2019 and the new system opened in June 2020. He said: “Learners who were not captured during the transition period have now been captured on the back end of the new system. This has also resolved the issue of learners who were trained but were not on the system.” Committee chairperson Deidré Baartman commended Cathsseta on eliminating the backlog, but said much more needed to be done by national government and its entities to rescue the tourism industry. She stated: “A study of 400 businesses in hospitality in the Western Cape found that 66% of businesses indicated that they would lose between 75% and 100% of their income for July and August 2021. Worryingly, 33% of businesses said that they were forced to retrench staff due to the latest lockdown regulations.” Read the full original of the report in the above regard by Mwangi Githahu at Cape Argus
New health minister Joe Phaahla lifts precautionary suspension of HPCSA chief executive David Motau TimesLIVE reports that newly appointed health minister Joe Phaahla has lifted the precautionary suspension of Health Professions Council of SA's (HPCSA’s) registrar and CEO David Motau. Last Thursday, the then acting health minister, Mmamoloko Kubayi, placed Motau on precautionary suspension, effective immediately. Motau's suspension followed his appearance in the Bloemfontein Magistrate's Court last Monday, where he was charged with the contravention of the Public Finance Management Act. He was released on bail of R5,000. Kubayi had said Motau's suspension was necessitated by the seriousness of the allegations and its ramifications for ethical dynamics in the health fraternity. Motau's attorney Neville Gawula said Motau would be reporting for duty on Wednesday. Last week, Gawula wrote to HPCSA president Prof Simon Nemutandani to appraise him on the criminal charges Motau is facing as former head of the department of health in the Free State. According to Gawula, any allegations of financial irregularity at the department predated Motau's tenure there by some three years. Read the full original of the report in the above regard by Ernest Mabuza at TimesLIVE
Ex-Mahikeng municipal employee arrested in connection with VBS Bank looting scandal News24 reports that a 59-year-old former Mahikeng Municipality official is the latest person to be arrested in connection with the VBS Mutual Bank scandal. The arrest was made in Klerksdorp, the North West, on Tuesday. Hawks spokesperson Colonel Katlego Mogale explained that R92 million of taxpayers' money was invested by the suspect into VBS in contravention of the Municipal Finance Management Act. This was in return for a generous line of credit. The official allegedly used the credit to buy two-high powered vehicles and property in Klerksdorp, amounting to R1.7 million, in 2017 and 2018. Mogale said that only R7 million of the R92 million was paid back to the municipality. Mahikeng is one of 20 municipalities that invested municipal funds with VBS. The 59-year-old will appear in the Mahikeng Regional Court on Wednesday to face charges of contravention of the Municipal Finance Management Act and the Prevention and Combating of Corrupt Activities Act. The bank was put into liquidation in 2018 after tragic scenes played themselves out of pensioners waiting outside the bank to withdraw money that no longer existed. Read the full original of the report in the above regard compiled by Jenni Evans at News24. Lees ook, Nog een in boeie oor VBS-skandaal, by Maroela Media Nehawu claims R35m tender scandal over revamping of unsafe Northern Cape legislature building Mail and Guardian writes that turning to the courts could be the only way to force the Northern Cape legislature to investigate allegations about how a company contracted to revamp its building did not complete the work. The tender, awarded to Emzansi Projects in 2016 after the building was declared unsafe as a working environment, has cost the province R35.2-million. According to the National Education, Health and Allied Workers’ Union (Nehawu), although the legislature was aware of these allegations, the same company was awarded another tender worth R22-million. The province has not confirmed this. These allegations are in documents that form part of a legal battle between the legislature and Nehawu. The union claims that the speaker’s office failed to investigate fraud allegations related to the refurbishment of the legislature building. Nehawu unsuccessfully sent letters to the speaker of the legislature, Newrene Klaaste, demanding that she appoint an independent forensic investigator to look into at least R22-million that was spent on work that was never done. The government’s health and safety inspectors, who visited the building in 2019, three years after the tender was issued, identified structural, design and wiring problems that needed urgent attention and recommended that the building be closed for repairs. The union has since blamed the secretary of the legislature, Patrick Moopelwa, suspended chief financial officer Garth Botha, project manager Mike Muller and the former manager, Gladman Siyo, who were responsible for overseeing the project. Nehawu branch secretary Mpho Merriman claimed no work was done. But, the company concerned has denied these allegations and said that the work “has been concluded”. Read the full original of the report in the above regard by Lizeka Tandwa at Mail & Guardian (paywall access only)
Ceasefire in Cape Town taxi violence holds, with arbitration between CATA and Codeta set to resume News24 reports that Cape Town's taxi industry will next week resume arbitration over a coveted route, as the police and SA National Defence Force continue monitoring any possible flare-ups of violence. The second round of arbitration is set down for 14 to 20 August, with witnesses from Cape Amalgamated Taxi Association (CATA) and Congress of Democratic Taxi Association (Codeta) expected to give evidence on issues relating to the dispute. The Transport and Public Works Portfolio Committee updated the Western Cape legislature on the situation between Cata and Codeta on Tuesday. The chief director for transport regulation, Yasir Ahmed, said any agreement reached at arbitration over route B97 between Bellville and Paarl was likely to go to court for confirmation as a declaratory order. CATA and Codeta are at odds over who is entitled to the route between Mbwekweni in Paarl and the Bellville Public Transport Interchange in Cape Town. Eight-six people have been killed in shootings directed at taxis this year – many of them passengers or bystanders. The Department of Transport closed the route, but it has since ordered taxi associations to service the routes they have permits for in other areas, to avoid prolonged disruption for commuters. Meantime, the transport department has expressed its satisfaction with the outcome of its Red Dot and Blue Dot taxi initiatives (read more in report). Read the full original of the report in the above regard by Jenni Evans at News24 Other internet posting(s) in this news category
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