In our Wednesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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'Declare police station attacks treason', policing union demands after arms theft at Limpopo police station News24 reports that the SA Policing Union (SAPU) says attacks on police offers are "crimes against the state" and it wants President Cyril Ramaphosa to declare them acts of treason. The police trade union condemned the latest attack, in which police officers were held hostage at a Limpopo police station. A group of armed men stormed into the Malamulele police station at around 23:00 on Sunday and held officers at gunpoint in the Community Service Centre (CSC). SAPU spokesperson Lesiba Thobakgale reacted: “It is clear that the attacks on police stations have become a norm to criminals as they are committing crime without hesitation.” The union referred to two other incidents, namely the theft of firearms and ammunition from a police station in the Northern Cape in August, and an attack in October on the Sir Lowry's satellite police station in the Western Cape. Thobakgale went on to say: "Taking into consideration the high rate of police station attacks, we are calling on the president to join this call we have been long making and [to] also declare police station attacks treason, as firearms and ammunition taken from these attacks are used to violate and kill the police and members of society." On Monday, fellow police force union Popcru said it was enraged by the theft of arms and ammunition from police officers. Read the full original of the report in the above regard by Nicole McCain at News24 Other internet posting(s) in this news category
Experts on high alert for fourth wave and businesses worried about tighter restrictions as Covid-19 cases rise in Gauteng BusinessLive reports that scientists and government officials are on high alert for a potential fourth wave of coronavirus infections in Gauteng, after the province reported a jump in recorded cases and an increase in several other indicators used to gauge the trajectory of the pandemic. These include the test positivity rate and the level of SARS-CoV-2 detected in waste water samples. The government’s response will be closely watched by businesses, as previous surges have triggered tighter lockdown restrictions, with devastating economic consequences. The seven-day moving average of new cases recorded in Gauteng rose to 364 on Sunday, from 109 a week earlier and 70 on 7 November. Equally concerning, the test positivity rate, which measures the percentage of coronavirus tests that come back with a positive result, more than doubled in the past week to 5% from below 2%. While these increases are off a low base, the rapid change is troubling SA’s experts. “We are certainly very worried. The likelihood is that this is the start of a fourth wave, but we don’t want to rush to conclusions,” said Bruce Mellado, a member of the Gauteng provincial government’s advisory committee on Covid-19. Acting health director-general Nicholas Crisp said the increase in cases in Gauteng was concentrated in Tshwane, and efforts were under way to trace and isolate contacts to try to contain the numbers. A cluster of cases has been identified at a higher education institute, which is understood to be the Tshwane University of Technology. Read the full original of the report in the above regard by Tamar Kahn at BusinessLive Vaccine hesitancy higher than expected, says Old Mutual BL Premium reports that Old Mutual says Covid-19 vaccine hesitancy in SA has been higher than expected, underscoring the urgency of getting the majority of the population vaccinated before the fourth wave, which scientists predict will strike in December. About 41% of the adult population in SA had received at least one jab by Monday. That makes it unlikely that the government will hit its earlier target of immunising 70% of the adult population by December. Insurance companies have been at the coalface of the pandemic, which has forced them to allocate billions to cover death and other related claims. In an update on Tuesday, Old Mutual said its life businesses in SA continued to feel the squeeze of the pandemic in the September quarter. This was in stark contrast with nonlife business that held up well during the review period. Scientific experts have indicated that in the absence of new variants of Covid-19, a fourth wave is likely to be less severe. More companies are considering vaccine mandates. While Netcare hospital group is waiting for the courts to rule on the legality of vaccine mandates, competitors Mediclinic International and Life Healthcare both announced in October that they were introducing the policy for staff and providers, thus joining health and life insurer Discovery, which was the first big group to introduce a mandate. Read the full original of the report in the above regard by Andries Mahlangu at BusinessLive (subscriber access only) Other internet posting(s) in this news category
Another mineworkers dies at Sibanye’s Marikana operations, AMCU calls for inquest into SA mining fatalities Mining Weekly reports that after mining house Sibanye-Stillwater recorded a fifth death at its Marikana platinum group metals (PGM) operations for 2021, the Association of Mineworkers and Construction Union (AMCU) called for an inquest into the high rate of fatalities in the SA mining industry. On Tuesday the union alleged that the miner was “cutting corners in safety protocols” and claimed that government was failing to ensure the implementation of necessary health and safety protocols. The latest death happened when a rock-drill operator was killed by a dislodged rock while performing an early entry examination. This brings the total deaths in the mining sector for the year to date to 59, with Sibanye accounting for 13 fatalities at its gold and PGM operations in SA. According to AMCU, Sibanye’s Marikana operations are “proving to be the most dangerous mine to work in”. Following the latest fatality, the Department of Mineral Resources and Energy will perform an in loco investigation, after which Sibanye will be compelled to do its own investigation in terms of the Mine Health and Safety Act. Commenting on the number of fatalities in the mining industry, Sibanye noted that "there has been a regression in fatal incidents across the South African mining industry during 2021" and said that it would continue to work together with all stakeholders to try and address the tragic trend. Read the full original of the report in the above regard at Mining Weekly Government won’t be appealing high court judgment on Mining Charter BL Premium reports that the Department of Mineral Resources and Energy (DMRE) has decided not to appeal against the high court judgment setting aside controversial aspects of the Mining Charter. The decision was conveyed to MPs on Tuesday. But the DMRE also indicated that the Mineral and Petroleum Resources Development Act would be amended to achieve the transformation objectives of the mining charter. It was the first time the department had commented on the September judgment, which upheld the “once empowered always empowered” principle, meaning that mining companies would not have to top up their black empowerment percentages to retain their empowerment status if their black empowerment partners sold their stakes in the companies. Another important aspect of the judgment was the ruling that the charter was a policy document, not a binding instrument of law. The DMRE’s chief director of legal services, Pieter Alberts, said they did not believe an appeal would achieve a different outcome from the high court judgment and that an appeal would prolong the legal uncertainty and delay transformation. Instead a parliamentary process would be commenced to review the legislative framework for transformation. The charter and the uncertainty over its future has been regarded as a discouragement to foreign investment in the mining industry. Read the full original of the report in the above regard by Linda Ensor at BusinessLive (subscriber access only). Read too, SA won’t appeal court ruling on black mining ownership, at Moneyweb. En ook, Dept. berus in uitspraak oor mynbouhandves, by Maroela Media Solidarity welcomes announcement that state won’t appeal Mining Charter court ruling Solidarity on Tuesday welcomed the announcement by the Department of Mineral Resources and Energy that it would not appeal against the recent High Court ruling on the Mining Charter. The trade union was one of the stakeholders in the matter. The announcement followed after the High Court set aside certain clauses of the Mining Charter. Consequently, the ‘once empowered, always empowered principle’ will now be adopted and the charter will be regarded as a policy document rather than subordinate legislation, with the consequence that most the charter’s provisions will not be enforceable. Solidarity General Secretary Gideon du Plessis commented: “We are pleased with the Department’s decision especially given the legal certainty it brings. We believe that this decision will lead to more investment in the mining sector which is needed for job creation in the mainstream economy.” But he also pointed out that, although the court ruling and the Department’s subsequent decision could be regarded as a victory for the Minerals Council SA and would be welcomed by investors, it also meant that workers would forfeit their rights to 5% shareholding in mining companies, making them the main losers. “We are determined to protect the interests of our members at all times. This means that the issue of employee shareholding would now be driven more prominently at the negotiating table by us and by the other unions as a way of ensuring that our members will still get what they deserve,” Du Plessis asserted. Read Solidarity’s press statement in the above regard at Solidarity News
Legal Practice Council and Minister oppose court challenge by Zimbabwean-born law graduates on basis that legal profession is not a rare or critical skill GroundUp reports that SA’s Legal Practice Council (LPC) and the Minister of Justice are opposing a court bid by three Zimbabwean-born graduates to change legislation which bars them from practicing law in SA. Bruce Chakanyuka, Nyasha Nyamugure and Dennis Chadya, with the assistance of the Asylum Seeker Refugee and Migrant Coalition, have launched a constitutional challenge of the Legal Practice Act (LPA). The Act provides only for the enrolment and admission of attorneys and advocates who are either citizens or have permanent residence permits. The trio all have permits which allow them to live, study and work in SA but don’t have permanent residence status. They have also completed their degrees, written board exams and done articles and pupilage. The matter is pending before the Pretoria High Court. Three other organisations, the Scalabrini Centre of Cape Town, the Pan African Bar Association and the International Commission of Jurists, have lent support to the trio’s plight and have asked to be admitted as amicus curiae (friends of the court). In opposing documents, LPC chairperson Kathleen Matolo-Dlepu, stated that it did not believe the relevant section of the Act was unconstitutional. She noted that temporary residents were not prevented from working in the legal sector, but they were only exempted from being admitted as officers of the court. On behalf of the Minister, Kalayvani Pillay, a deputy director in the department of legal services, suggested that the Department of Home Affairs be included in proceedings because the case dealt with immigration laws. Pillay argued that the legal profession was not a rare or critical skill and many South African citizens struggled to get work. Read the full original of the report in the above regard by Tania Broughton at GroundUp Other internet posting(s) in this news category
Reserve Bank hits back at Sipho Pityana over claims that it had conducted an ‘informal process’ to block his appointment as Absa chairman BL Premium reports that the SA Reserve Bank’s Prudential Authority (PA) has asked the high court to dismiss a lawsuit by Sipho Pityana, who took the banking supervision body to court for allegedly blocking his appointment as chair of Absa. In a filing on Tuesday, the regulator denied Pityana’s allegations, which included a claim that the head of the PA, Kuben Naidoo, had unlawfully conducted an “informal process” with the Absa board to block his nomination. Even though the Bank acknowledged that it had concerns about Pityana stemming from allegations of sexual harassment at his previous job as chair of AngloGold Ashanti, Naidoo said those would have to be addressed in a formal nomination notice from Absa. Pityana’s contention that Absa had nominated him as chair of the board was “plainly untrue” even based on his own version of events, the PA noted. At the heart of Pityana’s case against the PA is the claim that Naidoo, allegedly told outgoing Absa board chair Wendy Lucas-Bull that he would not support Pityana’s nomination as her replacement. Absa, which Pityana cited as an interested party in his suit, earlier this month removed him as lead independent director and chair of its remuneration committee. He remains a member of the board. Absa, which has since named Sello Moloko as Lucas-Bull's replacement, has also denied that the PA had informally or illegibly influenced its decision to overlook Pityana, saying the appointment followed its own internal rigorous process. Read the full original of the report in the above regard by Tiisetso Motsoeneng at BusinessLive (subscriber access only). Read too, 'The decision simply went against him': Reserve Bank denies blocking Pityana as Absa chair, at Fin24
GEPF sees problems with proposal of bonds-to-equity conversion to save Eskom Bloomberg reports that according to the Government Employees Pension Fund (GEPF), which is the biggest investor in Eskom debt, there are significant hurdles to a proposal that its bonds be converted to equity to help rescue the struggling power utility. The initiative, which has been backed by the country’s biggest trade unions, was first examined by the Public Investment Corporation (PIC), which manages most of the pension fund’s investments, but according to the GEPF’s investment chief, the pension fund has not been formally approached about a potential swap. Sifiso Sibiya said on Tuesday that if it was approached, then “members interests would be borne in mind and put first in terms of expecting returns and not negatively affecting investment outcomes”. Swapping debt for equity was a complicated proposition, he said, because it would also require the R2.09-trillion fund to rebalance its holdings across asset classes to comply with its allocation rules. With R82bn of Eskom bonds, the GEPF holds about a fifth of Eskom’s debt. The GEPF remained concerned about the performance of state-owned companies, Sibiya said, and had not increased its exposure to Eskom. “Currently around 90-odd percent of our Eskom debt is government guaranteed and we would wish for that to remain in place,” he indicated. In addition to the debt-for-equity swap, other proposals that have been considered include the government taking over half of Eskom’s debt. Read the full original of the report in the above regard by Antony Sguazzin at BusinessLive
'Tactical' resignations have seen some Eskom employees avoiding disciplinary processes, De Ruyter tells MPs Fin24 reports that according to Eskom CEO André De Ruyter, some of the state-owned power utility’s employees have avoided disciplinary processes with "tactical" resignations. De Ruyter and other Eskom officials on Tuesday briefed the Standing Committee on Public Accounts (Scopa) about some of the measures being taken to clamp down on irregular expenditure, as well as its consequence management plans. But members of the committee also grilled Eskom over an apparent lack of record keeping as well as "vague" consequence management at the entity. Asked about whether employees had been brought to book for wrongdoing, particularly related to condoning R9.5 billion in irregular expenditure, De Ruyter said that Eskom was subject to the labour laws of SA and could not summarily dismiss employees, except in "highly unique" circumstances. Eskom has to follow a disciplinary process, depending on the severity of the offence. That could include a suspension for the duration of an investigation and a subsequent disciplinary process. De Ruyter added that Eskom had started keeping a register of dismissed employees to avoid them returning to the organisation as external contractors or being re-employed. Asked whether Eskom's register included individuals who had resigned before disciplinary actions had taken place, De Ruyter said that Eskom did not do that as it would prejudice the rights of individuals, especially if there were no findings against them. He noted that in instances where Eskom had not run processes in terms of dismissing employees, the utility could potentially pursue civil cases against them. Over the past three years, Eskom has referred 82 cases to the SA Police Service, and nine have been closed. Read the full original of the report in the above regard by Lameez Omarjee at Fin24 (subscriber access only) Eskom lifestyle audits highlight 34 high-risk cases IOL reports that according to Eskom CEO André de Ruyter, lifestyle audits on 383 executives and senior managers and their partners at the state-owned power utility highlighted 34 high-risk cases that were referred to the Special Investigating Unit (SIU). Briefing the Standing Committee on Public Accounts (Scopa) on Tuesday, De Ruyter said that of the cases handed over to the SIU, seven resulted in no adverse finding, and the cases were closed. However, De Ruyter said 11 resulted in referrals to Eskom for disciplinary action, and seven employees resigned during the investigations. One Eskom official was dismissed on unrelated charges. “A further three cases are in the process of being referred to Eskom for disciplinary action, while the remaining five cases are still under investigation by the SIU,” De Ruyter advised. One executive was found not guilty. Two matters are still pending completion of the investigation. “Management decided not to implement any consequence management action for one executive. One executive retired from Eskom,” the De Ruyter’s report reads. Asked about the 5,595 referrals by SIU on other investigations, De Ruyter said 17 of those disciplinary cases had not not started, while 51 cases were in progress. He said a total of 1,651 disciplinary processes had been completed with various sanctions imposed. The sanctions included written warnings, dismissals and suspension without pay. “Based on our internal assessment, 3,864 cases resulted in no disciplinary action being taken after an investigation,” De Ruyter advised. Read the full original of the report in the above regard by Mayibongwe Maqhina at IOL
Over 450 Gauteng cops have pending criminal cases against them, with only four on suspension News24 reports that more than 450 police officers in Gauteng have pending criminal cases against them and only four have been suspended. Gauteng Community Safety MEC Faith Mazibuko revealed this in a written reply to questions from the DA's Michael Shackleton. The 459 officers face charges that include murder, defeating the ends of justice, reckless driving, assault and culpable homicide. Some of the cases have been pending for three years. The Tsakane police station has 35 officers - the highest number - who are under investigation. It is followed by the Krugersdorp police station, with 28 police officers, all charged with reckless and negligent driving. Next are the Benoni and Hekpoort police stations, each with 15 police officers who are facing criminal charges. Mazibuko said 11 cases had been finalised in the previous financial year, which had resulted in six convictions. Read the full original of the report in the above regard by Lwandile Bhengu at News24
Top labour department official suing SAPS for damages over wrongfully reflected criminal record Pretoria News reports that a director in the Department of Employment and Labour, who to his shock discovered that police records reflected for several years that there was a criminal case pending against him while that was not the truth, has succeeded in his first step to sue the SA Police Service (SAPS) for reputational damages. Vincent Luvhengo turned to the Gauteng High Court in Pretoria after he found out that his name was reflected on the Local Criminal Records Centre of the SAPS. Notwithstanding the fact that the records have meanwhile been set straight, Luvhengo claimed he had suffered damages. Luvhengo was involved in a fatal car accident in 2011 in Limpopo. He was a driver of a motor vehicle at the time and was arrested on charges of driving under the influence, negligent or reckless driving or culpable homicide. While Luvhengo was out on bail pending the criminal charges against him, an inquest was held into the deaths that had occurred. The inquest court cleared Luvhengo from wrongdoing as it was concluded that the accident was caused by a burst tyre. The case docket reflected that the criminal case was closed in light of the inquest court’s finding. In 2018, at the instance of the police minister, all police officers had to be vetted in respect of possible criminal cases pending against them or for disclosure of previous convictions. This included Luvhengo, who at the time was employed as a legal administration officer at police headquarters in Pretoria, before he turned to the Department of Labour recently. The unsuspecting Luvhengo submitted his fingerprints and was erroneously flagged as having a criminal record. “Whether this resulted in any damages and, if so, what the extent thereof may be, must still be proven at the next portion of the trial,” the judge said. Read the full original of the report in the above regard by Zelda Venter at Pretoria News
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