In our Thursday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Health and safety issues push mining unions towards culture of unity of action Gideon du Plessis, general secretary of trade union Solidarity, writes that in the wake of the Marikana incident in 2012 labour relations in the mining sector were characterised by rivalry between the National Union of Mineworkers (NUM) and the Association of Mineworkers & Construction Union (Amcu). Solidarity and Uasa, the other two recognised unions primarily focusing on skilled miners, have also been luring members between each other, which added to the competitive trade union environment. During the mining wage negotiations of 2015 and 2018, Amcu did not caucus with the other three trade unions. In 2017 Amcu became a member of the Mine Health & Safety Council, where the protocol is that the four trade unions formally consult and speak with one voice. Du Plessis notes that since the onset of Covid-19, this has contributed to the four mining unions being able to formulate a joint position on burning pandemic-related issues in discussions with the Minerals Council SA, which has further reinforced a culture of unity. The occupational health & safety practice of union alignment resulted in the mining trade unions forming an alliance during this year’s wage negotiations in the gold sector, consolidating wage demands and negotiating under one banner. Du Plessis notes that this development was in stark contrast to the 2018 negotiations, when Amcu went on strike by itself, with the other three unions using their majority to extend wage agreements to Amcu members. He also reports that that the improvement in inter-union and union-employer relations that developed on the occupational health & safety platforms created the spirit for another event of historic importance when the mining unions recently concluded an agreement with the Mandela Mining Precinct. He says that other sectors can learn from mining about how a noncompetitive field such as occupational health & safety can pave the way for less conflict in the competitive labour relations field. Read the full original of Gideon du Plessis’ article which also analyses developments at this year’s gold wage talks at BusinessLive
Eskom boss André de Ruyter to open criminal case after threats against him on social media News24 reports that on Wednesday Eskom spokesperson Sikonathi Mantshantsha confirmed that the power utility would be opening a case of intimidation on behalf of CEO André de Ruyter following threatening social media posts. De Ruyter was in the hot seat this week following massive load shedding across the country, which led to some calling for his resignation. Mantshantsha did not say whom the case would be opened against. However, in a series of tweets on Tuesday, EFF KwaZulu-Natal leader Vusi Khoza called on citizens to find the home addresses of De Ruyter and Public Enterprise Minister Pravin Gordhan and "go to their houses, drag them out and moer them". The tweet, which has since been removed by Twitter for violating its rules, also read “Let's get physical with these idiots. Now is the time #Azikhale." On the sidelines of a briefing on Wednesday de Ruyter said: “Threats of violence are not conducive to a constructive public discourse on solving the energy crisis." Read the full original of the report in the above regard by Lwandile Bhengu at News24. Read too, Busa doesn’t want Eskom’s executive to resign because changing the utility’s leadership won’t fix years of mess, at BusinessLive
Call for labour minister Thulas Nxesi to withdraw ‘damaging’ Compensation Fund draft regulations TimesLIVE reports that stakeholders representing more than 130 cross-sectoral bodies have called on employment and labour minister Thulas Nxesi to withdraw the “irrational” and “damaging” Compensation for Occupational Injuries and Diseases (Coid) draft regulations. The bodies include healthcare associations, medical practices, unions and companies which represent more than 4-million impacted parties and are concerned about chronic and “persistent failings” of the Compensation Fund. “In particular we are alarmed by the recent regulations published by the commissioner that we believe are ultra vires, irrational, unnecessary and, if implemented, have the potential to damage the rights of workers, harm medical service providers and impact employers negatively,” the group wrote in an open letter addressed to Nxesi on Tuesday. This after the Compensation Fund agreed to withdraw a notice which would have made it compulsory for it from 1 October to pay claims only into bank accounts of medical service providers who treated employees injured on duty. The rule was designed to ensure the fund would no longer accept nominated bank accounts of agents, including third-party administrators, for claims repayments. The collective group of stakeholders claimed they were not consulted about the socio-economic impact assessment during the drafting of the regulations. Read the full original of the report in the above regard at TimesLIVE
SA Medical Association wants choice of booster shots for health workers Bloomberg News reports that the SA Medical Association (SAMA), which represents doctors, said there must be a choice of Covid-19 booster vaccines for health workers. The initial Sisonke trial, which gave SA health workers a vaccine ahead of a general rollout of the shots, will be extended with health workers offered a second Johnson & Johnson (J&J) inoculation, the government advised last month. SAMA said it was concerned because of potential evidence that a booster in the form of a messenger ribonucleic acid, or mRNA, vaccine such as those produced by Pfizer was potentially more effective than a second dose of a more traditional vector-based shot, such as that produced by J&J. SAMA asked in an open letter to Health Minister Joe Phaahla on Wednesday: "What is it that informs the decision to rollout the Sisonke phase 2 trial in isolation?" Will health care workers be given the right to choose which booster they choose to take?" Nicholas Crisp, deputy director general of the health department, said the rollout of the booster trial would begin on Wednesday and the addition of a choice would delay it by six weeks. That would mean that health workers wouldn’t get further protection ahead of a possible fourth wave of coronavirus infections. He added that a Pfizer boost trial might be carried out later. SAMA’s intervention has also created a rift with the SA Medical Research Association, which is working with J&J on the trial. Read the full original of the report in the above regard by Antony Sguazzin at Fin24. Lees ook, Sama eis antwoorde oor J&J-opvolgdosis, by Maroela Media Covid-hit restaurants bemoan load shedding as 'a complete nightmare' EWN reports that the Restaurant Association of SA (Rasa) on Wednesday said load shedding was having a negative impact on businesses. As of Wednesday, stage 3 was implemented across the country with the load shedding set to be lifted on Saturday morning. Previous to that, the country was on stage 4. Rasa CEO Wendy Alberts said it was another devastating blow to affect the Covid-hit industry as restaurants now had to use generators to power their restaurants. “Load shedding cost each restaurant about R1,000 in labour and maintenance,” she indicated, adding that equipment also got damaged because of the power surges. “It even becomes more expensive to run CCTV cameras and equipment. All in all, this is a complete nightmare,” Alberts bemoaned. Read the full original of the report in the above regard by Kaylynn Palm at EWN Other internet posting(s) in this news category
Former Lily Mine manager tells inquiry illegal mining was rampant long before the 2016 tragedy News24 reports that a witness who travelled from Ghana to testify at the inquest into the Lily Mine collapse that left three miners trapped underground revealed that the mine had been dealing with illegal mining long before the tragedy hit in 2016. Former Lily Mine manager Eben Swanepoel testified on Wednesday at the inquiry being held in the Nelspruit Magistrate's Court that illegal mining activities were rampant at the mine and that he had seen zama zamas (illegal miners) on numerous occasions. He stated: “During my tenure, I have seen illegal miners. I instructed holes used by zama zamas to access the mine near the mountain to be closed. I have seen people coming out of those holes. I wanted the area to be cleaned up before those holes are closed. We also went underground due to suspicions of illegal mining activities. We then discovered pots and places where they slept. We also found evidence of the active presence of illegal miners. I have seen them fleeing the mine and didn't see them working underground." As the mine manager, Swanepoel said one of his responsibilities was to prioritise the safety of every employee. "Every employee at the mine was important, regardless of the positions they occupied. Lily Mine never had a single fatality. We even achieved an award from the Chamber of Mines," said Swanepoel. In his opinion, mine safety was the heartbeat of the mine and was driven by visible leadership and good behaviour by all stakeholders. He also indicated that throughout the years, visible monitoring at the mine, looking at areas and inspecting visible cracks, was done constantly. Read the full original of the report in the above regard by Ntwaagae Seleka at News24 Other labour / community posting(s) relating to mining
Nehawu calls for Cosatu and SACP to speedily establish a popular workers’ movement BL Premium reports that Cosatu’s biggest trade union affiliate has called on the labour federation and the SA Communist Party (SACP) to establish a popular movement speedily to address worker struggles and service delivery challenges. Relations between the National Education, Health and Allied Workers’ Union (Nehawu) and the ANC are fragile and the union admitted this week that it did not go all out in campaigning for the ANC before the local government elections. Nehawu general secretary Zola Saphetha said on Wednesday that the Nehawu congress last week resolved that it was imperative “to lead struggles of the working class and rural masses for land, housing, water, sanitation, basic income grant and the general service delivery”. According to Saphetha, the national democratic revolution (NDR), the tripartite alliance’s blueprint to address socioeconomic challenges, had stagnated. “This stagnation of the NDR has led to the current socioeconomic crisis of unemployment, poverty and inequality in our country with no possible solutions. If the solution does drastically change, our people will run out of patience with the ANC,” said Saphetha. Nehawu president Mike Shingange commented that the popular movement was not intended to declare “the death of the [tripartite] alliance programme”. Instead it aimed to deepen working-class influence and “unite the working class from an ANC that is weakened by a self-serving elite”. Cosatu spokesperson Sizwe Pamla said Nehawu’s call for a popular movement was an old Cosatu resolution dating back to about 2013. “We look forward to engaging Nehawu on this matter and hearing what their interpretation is of this resolution on the current political climate,” he indicated Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only)
Auditor-General concerned about non-implementation of audit action plans at SOEs BL Premium reports that the Auditor-General (AG) has raised a red flag at the non-implementation of audit action plans at state-owned enterprises (SOEs), which continue to rack up billions in irregular, fruitless and wasteful expenditure. For 2020/2021, the public enterprises portfolio incurred irregular expenditure of R25.9bn. The irregular expenditure, which was presented to parliament’s portfolio committee on public enterprises on Wednesday by the AG’s office, has been largely attributed to procurement and contract management irregularities at Eskom and Transnet. Though the AG has noted that the boards at the various SOEs have begun inculcating a zero-tolerance culture against irregular expenditure and corruption after years of mismanagement and state capture, there remains little evidence of disciplinary steps being taken against offenders. Fhumulani Rabonda of the AG’s office confirmed this, adding “there was a lack of evidence to support the investigations that were conducted into financial misconduct at both Transnet and Eskom”. In response, public enterprises director-general Kgathatso Tlhakudi said steps had been taken to ensure that consequence management occurred at SOEs where required. But the challenge has been on the side of law enforcement, which has been slow to ensure that offenders faced their day in court. Tlhakudi also said fixing SOEs would take time because “we are dealing with businesses that were damaged by state capture and mismanagement ... the impatience to get a turnaround within two years, some from the executives that were at the SOEs, is not right”. Read the full original of the report in the above regard by Thando Maeko at BusinessLive (subscriber access only)
Mango grounded by lack of funds from SAA for restart BL Premium reports that SA Airways’ (SAA’s) low-cost subsidiary, Mango has indefinitely postponed resuming operations due to the lack of funds. Mango was scheduled to resume flying in December, after being grounded in July. During the same month, the airline was voluntarily placed under business rescue in an effort to place it on a sound footing. However, there is currently no working capital to restart the airline’s operations in December, according to SAA, which has advised Mango’s business rescue practitioner Sipho Sono to use available funds to restructure the airline. SAA has refused to inject further capital into Mango and has advised the airline to find a strategic equity partner that will fund it going forward. Creditors are scheduled to meet to discuss and vote on Mango’s business rescue plan on 15 November. Mango was allocated R819m by the government in August as part of the funds given to SAA for its business rescue process. These funds however have not reached Mango, further deepening its financial woes, according to the National Union of Metalworkers of SA (Numsa). Numsa, the SA Cabin Crew Association (Sacca) and Mango Pilots Association (MPA) have criticised SAA’s decision to wthhold capital from Mango. “If Mango does not take to the skies it will struggle to find an equity partner, and the business rescue practitioner will be unable to do his job,” Numsa spokesperson Phakamile Hlubi-Majola said in a statement. SAA exited business rescue in April and it resumed operations in September. The airline is in the process of bedding down an equity deal with the Takatso Consortuim. Read the full original of the report in the above regard by Thando Maeko at BusinessLive (subscriber access only)
Solidarity in Constitutional Court on Thursday over Barloworld’s retrenchments based on race Trade union Solidarity advised on Wednesday that its case against Barloworld Equipment in the Constitutional Court would be heard on Thursday. It said the case came about after Barloworld in October 2020 used race as part of its selection criteria to determine retrenchments in the company. “A retrenchment process as followed by Barloworld is nothing less than unfair and discriminatory. Selection criteria based on race cannot be a factor in deciding whether a person keeps his or her job or is retrenched. In this distorted, race-based workplace skin colour seems to outweigh knowledge, experience and skills. We cannot allow racially-based retrenchments to become the norm in the workplace,” commented Willie Venter, Solidarity’s Deputy General Secretary for the Metal and Engineering.
Services sector Seta ordered by court to hand over records relating to alleged irregular tender The Star reports that the Services Sector Education and Training Authority’s (SSeta’s) reasons for refusing to disclose records of a R162 million contract that it allegedly awarded irregularly were flimsy and not good enough for a public institution. Judge Marcus Senyatsi made this scathing finding against SSeta in its legal square off against the Organisation Undoing Tax Abuse (Outa) in the South Gauteng High Court. SSeta is one of the country’s 21 Sector Education and Training Authorities. Outa, an NGO, dragged SSeta to court for an order compelling it to disclose information pertaining to the multimillion-rand tender awarded to Grayson Reed Consulting in 2017. The Sandton-based biometrics company was awarded a contract to provide trainee attendance monitoring systems and disburse stipends. The contract was cancelled in 2019, six months before it was due to end and about a year after Outa started questioning awarding regularities. SSeta executives told Parliament’s portfolio committee on higher education and training last year that the contract was mutually terminated. Speaking before the same committee, Outa maintained that just cancelling the contract was not enough and it called for criminal charges and the recovery of the allegedly misappropriated funds. Outa had to resort to court proceedings because the SSeta refused to disclose all the information Outa needed to prove its corruption and fraud allegations. Last week, Judge Senyatsi gave the SSeta 15 days to hand over all the records Outa sought. Read the full original of the report in the above regard by Bongani Nkosi on page 4 of The Star of 10 November 2021
Employee of Free State attorneys who allegedly unlawfully transferred trust funds of over R6m granted R10,000 bail News24 reports that the court has granted a 44-year-old woman R10,000 bail after she allegedly defrauded her employer of over R6 million between 2015 and 2019. On Wednesday, Giselle Maritz appeared in the Bloemfontein Magistrate's Court on charges of fraud and money laundering. This came after Phatshoane Henney Inc Attorneys became aware of fraudulent activities at the end of February 2020. "A preliminary probe by Phatshoane Henney Inc. Attorneys discovered that Maritz was unlawfully transferring trust funds to her own personal bank account and to her mother's bank account. These fraudulent transactions were carried out over the period between 2015 and 2019," police spokesperson Captain Christopher Singo indicated. As a result, the law firm was prejudiced and suffered a total loss of more than R6 million. Maritz was granted R10,000 bail. Read the full original of the report in the above regard by Cebelihle Mthethwa at News24
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