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 Tuesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Government accused of having abandoned Marikana victims BusinessLive reports that questions about whether the government has done enough to acknowledge its central role in the 2012 Marikana massacre and make amends to the victims and their families took centre stage on Monday as nine years were marked since the atrocity. At least 34 mineworkers who were striking over wages in Rustenburg, North West, were gunned down by police and 78 were injured. The government has been accused of protecting and colluding with mine owner Lonmin, leaving victims out in the cold and with no convictions for the police who killed the workers. Speaking during the hybrid Marikana massacre commemoration, Association of Mineworkers and Construction Union (Amcu) president Joseph Mathunjwa said the victims of the massacre had been abandoned by their government. But police minister Bheki Cele denied this and said the government has paid R176m to the victims’ families. Yet, the legal representative of the injured and arrested mineworkers, advocate Dali Mpofu, dismissed Cele’s response as “deceptive” and said the money was too little for the hundreds of affected workers. The mineworkers have been paid between R300,000 and R400,000. Lonmin sold the mine to Sibanye-Stillwater in 2019, with the new owners and President Cyril Ramaphosa, who was a Lonmin director and a shareholder at the time, now facing a lawsuit from the mineworkers. Mpofu said a group of workers had set aside R1m of their compensation money for the lawsuit. The legal teams of all those affected by the massacre agreed to take on Sibanye and Ramaphosa and they have approached the North West High Court. Read the full original of the report in the above regard by Siviwe Feketha at BusinessLive Bench Marks Foundation laments that nine years on, little progress made in case against those implicated in Marikana massacre TimesLIVE reports that monitoring NGO Bench Marks Foundation (BMF) said on Monday that nine years after 34 miners were killed at Marikana, little progress has been made in bringing those implicated to book. Nine police officers are still facing charges related to the shootings. “Progress in these cases has simply ground to a halt. Even if they are eventually finalised, accountability for this massacre needs to stretch much higher up the level of command,” said BMF’s John Capel. The foundation appealed to mining company Sibanye-Stillwater to expand the memorial park it is establishing at Marikana. It wants counselling services for widows and orphans to be extended to the miners who were injured, some of them severely, and those who were traumatised by the massacre. “This will assist in bringing healing, that is long overdue, to the community,” Capel said. He also indicated that the foundation welcomed the commitments made by Sibanye-Stillwater to help communities affected by the Marikana massacre — but warned that it would keep a close watch to ensure the company made measurable and sustainable progress. The range of activities promised by Sibanye-Stillwater include mega-agricultural projects, piped water, and tarred roads in nearby Nkaneng township, where many of Marikana’s miners live. The foundation also welcomed the houses built for widows of the deceased miners. But, it noted that neither Lonmin nor Sibanye-Stillwater had to date paid out any compensation to the widows and orphans of the deceased miners. “Both the state and Sibanye-Stillwater have a moral responsibility to compensate victims,” Capel stated. Read the full original of the report in the above regard by Nomahlubi Sonjica at BusinessLive Taxpayers footing bill for Phiyega’s ‘zombie litigation’ to fight findings of Marikana inquiry Mail & Guardian reports that the government has thrown R5.5-million — and counting — into a black hole of litigation for former police commissioner Riah Phiyega to clear her name in relation to the Marikana massacre. This is despite a high court finding that her application was threadbare and not in the public interest. It is not yet known whether the government will be carrying the additional burdens of the costs order (for two counsels) awarded against Phiyega by the Pretoria High Court in its judgment handed down on 30 May this year. Phiyega has already filed a notice to appeal the high court judgment and, according to lawyers, the next round of litigation will push the cost to taxpayers to above the R10-million mark. This amount will increase further if the matter goes all the way to the Constitutional Court. Phiyega was just two months into her job as national commissioner when police shot dead 34 striking miners at platinum-mining company Lonmin’s Marikana operation in the North West on 16 August 2012. The Farlam commission’s report was scathing about the role Phiyega played. It found that the police leadership “on the highest level” had sought to deceive the commission about how the police decision to “go tactical” (use live ammunition and force) on 16 August 2012 was reached, and to conceal that the plan did not include input from public order policing members. The latter is a legal obligation in public order situations. A lawyer working for the state described Phiyega’s application as “zombie litigation”, with little chance of success. Last week Phiyega said she was prepared “to fight this all the way”, because she had been made a “scapegoat” for what had happened at Marikana in 2012. Read the full original of the report in the above regard by Niren Tolsi at Mail & Guardian (paywall access only) Other internet posting(s) in this news category
Second KZN pupil’s Covid-related death renews calls to revisit school plan Independent Media reports that the death of a second KwaZulu-Natal (KZN) schoolgirl from Covid-19 complications has renewed calls for the Department of Basic Education to review its school policy as the province battles the third wave of the coronavirus. Wembley Primary School pupil Katelyn Pillay is believed to have died over the weekend. The Grade 7 girl's death came just days after 9-year-old Shanika Balsaring succumbed to Covid. She was a Grade 4 pupil at the Acaciavale Primary School in Ladysmith. Thirona Moodley, KZN chief executive of the National Professional Teachers' Organisation of SA (Naptosa), said they were disturbed and saddened by the girls’ deaths. “Experts have indicated that the Delta variant is more transmissable and we’re seeing this in infections at schools. Infections in schools result in learners in isolation or in quarantine, this results in learning losses and breaks the continuity of schooling. The stop-start schooling is disruptive and time lost can’t be made up. Schools must keep the social distancing of 1 metre at all costs," she said. African Democratic Change's (ADeC) Visvin Reddy urged parents to keep their children at home if they were ill. On Sunday, KZN premier Sihle Zikalala confirmed that the province was in the third wave of infections. He said there has been a noted increase in cluster cases, with schools emerging as the biggest contributor in that regard. “More than 120 schools have reported clusters in their school settings, and more than 800 learners and teachers have been affected. Learners make up at least 95% of this number, while educators account for the remaining 5%,” the premier reported. Read the full original of the report in the above regard by Se-Anne Rall at Independent Media Restaurants call for end to Covid restrictions as 1,100 eateries close, leaving tens of thousands jobless BL Premium reports that the Restaurant Association of SA (Rasa) is calling for the cabinet to end restrictions on eateries after an estimated 1,100 restaurants shut down during the third wave of the Covid-19 pandemic. Rasa CEO Wendy Alberts said that before the onset of the pandemic, the association had a database of more than 23,400 restaurants it communicated with. Its database has since dropped to 9,000. While not every restaurant it no longer works with has closed, she believes thousands have shuttered their doors for good, leaving tens of thousands of workers jobless. Rasa’s internal surveys suggest that more than 1,100 restaurants closed in recent months after lockdown regulations forced them to shut their doors during the height of the third wave of the pandemic. Current lockdown regulations dictate that restaurants must close by 9pm, which means some consumers do not have time to go out for dinner and instead stayed home. Regulations also restrict restaurants to 50 guests regardless of the physical size of the establishment. Alberts said the sector’s ongoing pleas for financial relief to the government, cabinet and the minister of tourism have fallen on deaf ears. “We are still sitting with a vast amount of our staff unpaid with no immediate relief from the government employment relief scheme,” she lamented. Read the full original of the report in the above regard by Katharine Child at BusinessLive (paywall access only) B4SA says private sector vaccination sites accepting walk-ins for all eligible age groups Engineering News reports that Business for SA (B4SA) has confirmed that all private sector vaccination sites across SA are now accepting walk-ins from anyone eligible for vaccination, including those without medical aid. As of 16 August, those eligible for vaccination include those over the age of 35. From 1 September, people under the age of 35 will become eligible for vaccination. B4SA is coordinating the private sector’s work with government to roll out the national vaccination programme. B4SA health work group chairperson Stavros Nicoloau says it is a common myth that only those with medical aid can visit private sector sites, which is incorrect, and advises that all sites deliver the same service, for free, to anyone who needs a vaccine. The private sector vaccination sites include independent community pharmacies, corporate pharmacy chains such as Clicks and Dis-Chem, private hospitals and medical scheme vaccination sites. Workplace sites that are currently vaccinating their staff are, however, not yet open to the public. B4SA explains that while sites prioritise those with scheduled appointments and those over the age of 60, no person over 35 is required to pre-register before visiting a site for a vaccination. Private sites are equipped with staff to assist walk-ins with the registration process. The business organisation nonetheless encourages the public to pre-register. Read the full original of the report in the above regard and see B4SA’s list of private sector vaccination sites across the country at Engineering News Other internet posting(s) in this news category
ConCourt reserves judgment in case of Cape Town firefighter injured on duty who seeks advancement News24 reports that the Constitutional Court has reserved judgment in a case involving the City of Cape Town and a firefighter who was refused an advancement after suffering permanent injuries during a work accident. Adam Damons was injured during a drill at the fire station in 2010, after which he was unable to perform the physical duties required of a firefighter. The City conducted an incapacity inquiry, which resulted in Damons being transferred as of January 2013 to the finance and billing section, where he carried out the administrative functions. Thereafter, Damons applied for a transfer to his current position in the fire and life safety education section. He then applied for a promotion to the post of senior firefighter, in accordance with the City’s fire and rescue advancement policy, which was published before the accident in April 2009. He successfully complied with all the requirements for advancement, except for a practical physical assessment which he could not undergo due to the nature of his injuries. He requested the City to relax the physical assessment requirement, but the City refused and dismissed his application for advancement. The Labour Court found in Damons favour, and the City was directed to reconsider his advancement application. The City, however, appealed the finding at the Labour Appeal Court, which found that it was not possible for Damons to perform the essential requirements of an active firefighter. The City maintains that it acted in accordance with its policy. Read the full original of the report in the above regard by Marvin Charles at News24
'Bogus' doctor, charged in Mpumalanga with practising without a licence, released on R5,000 bail News24 reports that a Congolese national has been released on R5,000 bail after he was arrested in Mpumalanga for allegedly practising medicine without a licence. Henri Kabamba Kabenga, 37, appeared in the Vosman Magistrate's Court on Monday after he was arrested by the Hawks in a joint operation with the inspector of the Health Professions Council of SA (HPCSA) on Friday. "On arrival at the premises used for his practice, an unregistered doctor was found, and the receptionist confirmed that he was the doctor on duty. A search was conducted, and the suspect did not have valid documentation that allowed him to practice as a doctor," said a Hawks spokesperson. The man was arrested for contravening Section 17(1) (a) of the Health Professions Act 56 of 1974, which relates to practising as a doctor by seeing patients and issuing medicines without registering with the HPCSA. He has been charged with fraud and corruption and will be back in court on 14 September. Read the original of the short report in the above regard by Lwandile Bhengu at News24
Law Reform Commission proposes maternity benefits for women in informal sector Sunday Times reports that women in the informal sector could in future be in a better position in regard to maternity benefits thanks to a proposal to extend those benefits to them. This was set out in a discussion paper that has been published by the SA Law Reform Commission for public comment. The document suggests that maternity benefits, including at least four months’ leave and remuneration, should be extended “to avoid discriminatory practices in the legislative framework”. It also proposes that the Unemployment Insurance Fund (UIF) should provide parental or cash benefits to expectant mothers, and says fathers and partners should get 10 days of paid paternity leave. Informal workers such as street vendors, those in waste recycling, spaza shop workers and waste pickers would benefit. Commission researcher Linda Mngoma said informal workers were the focus because of their vulnerability. The position of self-employed workers in the formal sector could be considered at a later stage if financial resources became available. The proposal is that the UIF system be extended to self-employed workers who are able to make a contribution of about 1% of their income, with the other 1% paid by the state. Those mothers who are unable to make a contribution to the UIF should be provided with maternity support in the form of child support grants from the first month of pregnancy. The Women’s Legal Centre commented that maternity benefits were long overdue for vulnerable pregnant women. Read the full original of the report in the above regard by Sipokazi Fokazi on page 10 of Sunday Times of 15 August 2021
Solidarity ‘vehemently’ rejects ‘certificate of need’ regulations for health practitioners On Sunday, Solidarity submitted its comments on the proposed regulations for the implementation of the “Certificate of Need” for health practitioners. The trade union indicated its vehement opposition to the regulations, which it said would threaten ownership rights of private medical practices. “The state only has one goal in mind and that is to centralise health care in its entirety. In its latest regulations it even goes so far as to threaten the right of ownership that vests with practices through the implementation of its certificate of need. With this the state wants to appropriate the sole right to itself to decide who may provide health care and what health care may be provided,” Henru Krüger, sector head of the professional guild at Solidarity indicated. According to Solidarity, around 70,000 existing practices will be affected by the new regulations. Solidarity is of the opinion that the government does not have the capacity to manage the administration, nor is it competent to decide on the nature of care patients may need or are entitled to receive. The union is also of the opinion that the publication of the regulations is part of the government’s strategy to enable it to implement national health insurance. “The government’s view that no private health care should be provided, and that the entire private health sector should be absorbed by the public health sector is widely known,” Krüger noted. He went on to state: “The state poses a threat to health practitioners and to the health of all South Africans and this must be stopped at all costs.” Read Solidarity’s press statement in the above regard at Solidarity News
Security guard suspended for beating alleged intruder who punched guard at Sassa office The Mercury reports that a security guard has been placed on precautionary suspension after a video “implicating the guard” in an assault of a man at a SA Social Security Agency (Sassa) office went viral. In the video, the man is seen lying on the floor of the Duncan Village local Sassa office in the Eastern Cape while two security guards beat him. The female guard strikes the man multiple times with a baton, while the male guard is seen hitting the man with his hand, before he finally picks the man up and slams him onto the tiled floor. Eastern Cape Sassa spokesperson Luzuko Qina said confirmed that an intruder entered the office, and not a pay point, on Friday. “According to the report from officials that witnessed the incident, a middle-aged man stormed in at the Sassa local office and started taking pictures without permission and, when reprimanded, he became aggressive. It is alleged that he punched the female security guard, who then requested backup from her colleagues,” said Qina. The matter was reported to the police and the man was temporarily held in custody for questioning. The security guard seen on the video has been placed on precautionary suspension by Xhobani Security Services, pending a final investigation report, with appropriate recommendations. Read the full original of the report in the above regard by Karen Singh at The Mercury
CFO of National Health Laboratory Service and company director in court over PPE tender fraud TimesLIVE reports that the CFO at the National Health Laboratory Service and a company director appeared in court on Monday on alleged personal protective equipment (PPE) tender fraud amounting to more than R14m. Michael Sass, CFO at the NHLS, and Felicia Sekete, director at Feliham, appeared at the specialised commercial crimes court sitting in the Palm Ridge Magistrate's Court on Monday. They face charges of contravening the Public Finance Management Act and of fraud. “Sekete and Sass were appearing on charges relating to the multimillion-rand personal protective equipment tender at the National Health Laboratories Services. The pair were arrested on [Sunday] by the serious corruption investigation unit of the Hawks,” advised a Hawks spokesperson. The two were granted R20,000 bail each and the matter was postponed to 21 October for further investigations. Read the original of the short report in the above regard by Nomahlubi Sonjica at TimesLIVE
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