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 Friday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Solidarity and government reach agreement on date for termination of state of disaster The Citizen reports that according to Solidarity, SA’s state of disaster is expected to end on 5 April. The trade union advised on Thursday that Minister of Cooperative Governance and Traditional Affairs Dr Nkosazana Dlamini-Zuma had provided it with a firm intention to end the state of disaster. Solidarity noted that the end date will fall on the same day the court would have heard the union’s urgent application to end the state of disaster. Solidarity and government also agreed that, should the state of disaster not be terminated on 5 April, the union could proceed with its urgent application in court on 6 April. The agreement between the parties came after correspondence and several discussions between the legal teams of Solidarity and the government took place over the past week. Solidarity chief executive Dr Dirk Hermann said the state of disaster was irrational and unlawful. “The government has realised this and wanted to avoid a court case at all costs. This is a major breakthrough for ordinary South Africans. The strange Command Council can now be replaced by parliamentary oversight, as it should be,” he stated. Solidarity also announced that it would challenge the irrationality of the newly proposed health regulations. Last week, President Cyril Ramaphosa announced his intention to end the state of disaster around 16 April, after the one month of public comments on proposed amendments to the National Health Act closed. Read the full original of the report in the above regard by Faizel Patel at The Citizen. Read Solidarity’s press statement in the above regard at Solidarity News. Lees ook, Ramptoestand Dinsdag opgehef, by Maroela Media Forcing citizens to get vaccinated would be crossing a red line, David Mabuza tells MPs TimesLive reports that as the government prepares to exit the national state of disaster, Deputy President David Mabuza on Thursday said the government would honour its word of not forcing South Africans to take the Covid-19 jab. “Some of the minimum regulations that are presented by health are going to remain post the disaster regulations so we think that people are going to adhere to these ... but one thing that we are not going to do is force people to go and vaccine (sic). We think that we would be crossing a red line,” Mabuza indicated when answering questions during a National Assembly sitting. He advised that as of 28 March 2022, the government had administered 33.5-million Covid-19 vaccines to 20.9-million individuals. This translated to 48.6% of adults having received at least one dose of the vaccine. Mabuza said it was critical to vaccinate to further reduce the number of infections, hospitalisations and deaths. On vaccine mandates at workplaces, Mabuza said the government would continue to encourage employers to develop and implement policies that promoted the uptake of vaccines. While the country was facing a looming fifth Covid-19 wave, Mabuza believed that the number of vaccinated citizens was enough to provide protection. He said: “We think the health regulations that we are putting forward will continue to help us to manage the spread of this infection. We still insist on wearing masks when we are inside buildings, minimum distance of a metre and washing hands.” Read the full original of the report in the above regard by Amanda Khoza at TimesLive Other internet posting(s) in this news category
Treasury certificate of compliance needed for future public-sector pay deals BL Premium reports that in a move that could give the National Treasury more say on future pay agreements for public servants, the government will have to produce a certificate of compliance with the department’s regulations before entering into deals with unions. This development was part of an agreement hammered out by the unions and the government at this week’s four-day public service co-ordinating bargaining council (PSCBC) summit on collective bargaining. The outcome from the summit follows the protracted legal battle between the government and public sector unions after the government pulled out of a three-year pay agreement it signed in 2018, citing lack of funds. In a ground-breaking Constitutional Court judgment in February, it was ruled the government did not have to implement the last leg of the three-year agreement as the unions were “unjustifiably enriched” from the “impugned collective agreement”. At the heart of the dispute was the government’s argument that the pay deal was unlawful as government negotiators had entered into the agreement with the unions without checking if the Treasury had enough in its purse to honour the agreement, as required by law. Speaking after the summit declaration was adopted on Thursday, public service & administration minister Ayanda Dlodlo spoke in favour of the certificate of compliance in future pay talks. “It does not put us in a corner. What it actually does is to ensure that all processes are legally and properly done,” she said. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only) Dlodlo declares public sector summit “one of the most successful summits of that I have ever attended” BL Premium reports that, while Cosatu’s public service unions such as the National Education, Health and Allied Workers Union (Nehawu) attended this week’s public service summit, the Police and Prisons Civil Rights Union (Popcru) pulled out, saying that the summit was at best aimed at “pre-determining an outcome in favour of the employer by using unions to endorse its posture of not giving public servants an increment for the coming three years”. Public service & administration minister Ayanda Dlodlo said Popcru’s withdrawal was unfortunate, but emphasised that the government had “robust discussions” with unions that remained. The summit was not a talk shop and had resulted in a “stronger relationship” between labour and the employer, she said. In the declaration, read by public service co-ordinating bargaining council (PSCBC) general secretary Frikkie de Bruin, the parties agreed to develop mechanisms to develop and strengthen collective bargaining. They said they were not opposed to government reconfiguration that would result in job security, improved conditions of work, and service delivery to citizens. The declaration called on the PSCBC to establish a task team to audit all collective agreements since 2010 to “identity areas of nonimplementation and agree on a clear process for implementation of outstanding areas linked to time frame”. Mike Shingange, Cosatu’s first deputy president and Nehawu president, said: “We support the declaration, we further propose that the first meeting of the bargaining council must develop a clear road map for an implementation plan immediately.” Dlodlo concluded: “This has been one of the most successful summits of [the PSCBC] that I have ever attended.” Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only)
UIF eats into its surplus as it pays out R2.2bn more than it collects BL Premium reports that in a trend that may threaten the long-term future of the Unemployment Insurance Fund (UIF), it is paying out more than it receives in contributions. The fund provides short-term financial support to workers who lose their jobs or cannot work. While investment income ensured that the fund remained in surplus in the nine months to end-December, the trend — which has never been seen before — has raised enough concerns for its actuaries to compile a report on its long-term sustainability. The size of the surplus has dropped about a fifth in the past two years. The UIF now has a surplus of more than R120bn, down from R153bn at the end of March 2020. The performance of the fund, one of the major tools the government used to shield workers whose incomes were stopped or reduced by Covid-19 lockdowns, comes as SA’s unemployment crisis shows no sign of abating. While the number of unemployed people is rising, with the unemployment rate at 35.3%, the number of employers paying contributions to the UIF on behalf of their workers is not growing sufficiently. The report by the UIF actuaries, which was submitted on Tuesday, will be discussed by the UIF executive committee. Meanwhile, DA MPs were aghast at comments made by employment & labour minister Thulas Nxesi regarding third-party administrators, which take over the claims of medical practitioners against the Compensation Fund. Nxesi described them as “parasitic vested interests” who only emerged because of the past inefficiencies of the fund. He said: “If the fund successfully reforms itself, the reason for the existence of the middleman falls away.” There had been a “feeding frenzy” at the fund, which had been plagued by unverified and inflated claims, Nxesi stated. Read the full original of the report in the above regard by Linda Ensor at BusinessLive
Ramaphosa well received at NUM’s national congress The Citizen reports that President Cyril Ramaphosa received thunderous applause on Wednesday from delegates at the National Union of Mineworkers’ (NUM’s) 17th national congress. He devoted much of his keynote address to economic issues, mining and the Covid pandemic, urging delegates to double their efforts to grow NUM membership. Ramaphosa said the commodities boom should translate into better conditions of service for workers – an area NUM should spearhead. He also indicated concern that, following a long-term trend of improvement in safety, last year saw the second straight regression since 2020. “Another concern is that many retired mine workers still face an uphill battle to get what they are owed, with millions of rands still in various mines unclaimed and not having reached those mine workers. When the NUM started fighting for the rights of workers and safety on mines, the setting up of provident, health and safety funds, it was meant those monies should be in the pockets of mine workers. The number of unclaimed retirement benefits owed to ex-mineworkers remains high – one of the reasons being that mine employers seem to fail to inform or contact workers owed these benefits. The NUM must engage in this struggle to make sure employers do trace those workers, making sure that they get their money,” Ramaphosa told the delegates. He indicated that, although the mining sector had not been spared the impact of the unemployment crisis, “there is welcome news in the latest Quarterly Labour Force Survey that mining was part of the six industries in which jobs were added in the fourth quarter”. Read the full original of the report in the above regard by Brian Sokutu on page 5 of The Citizen of 31 March 2022 Leadership, mindset key to reducing fall-of-ground injuries, fatalities Mining Weekly reports that lowering injuries and fatalities as a result of fall-of-ground (FoG) incidents is “all about leadership”, the correct mindset, “the heart, the passion” and “walking the talk”. This was indicated by Minerals Council SA Zero Harm Forum vice chairperson Japie Fullard on Thursday. Speaking at a Khumbulekhaya FoG seminar, he said mine managers and health and safety officers needed to use various resources and modern technology available to them to ensure FoG events were detected and that miners were not in harm's way when such incidents occurred. “Technology is here to stay, it is here to make our lives easier. Mechanisation is here to stay, and we believe that is where a huge success will be; but it is going to take time and it is going to take a huge amount of resources,” Fullard stated. He recommended mine managers and health and safety representatives should use past FoG incidents as a learning tool, adding that there were valuable lessons to be learned from everyone involved in dangerous operations. In this regard, Fullard said the people working at the mine faces and in dangerous areas knew best where the dangers associated with FoG were and that they needed to be empowered to voice their opinions without fear of victimisation. Read the full original of the report in the above regard at Mining Weekly Other labour / community posting(s) relating to mining
While total employment has risen, full-time employment has fallen BL Premium reports that Stats SA said on Thursday that total employment in SA increased over the last quarter and the last 12 months, reflecting a rise in economic activity and increased confidence. The improvement in employment numbers is in line with market expectations following SA’s GDP recovery in the fourth quarter of 2021 from the Delta Covid wave and the July 2021 riots. Stats SA’s Quarterly Employment Statistics (QES) showed that total employment increased by 154,000, a rise of 1.6% between December 2020 and December 2021. Total employment from September to December 2021 also rose by 0.6%, an increase of 62,000 jobs, bringing the total number of persons employed in the formal sector — excluding the agricultural sector — to approximately 10-million. Stats SA said the increase in employment was mainly from part-time employment as full time employment declined over the September to December 2021 period. Part-time employment increased by 106,000, a rise of 10% from 1,064,000 in September 2021 to 1,170,000 in December 2021. This was largely due to increases in the community services sector, trade business services, manufacturing and construction. Full-time employment decreased by 44,000, a decline of 0.5% from 8,889,000 in September 2021 to 8,845,000 in December 2021. Read the full original of the report in the above regard by Thuletho Zwane at BusinessLive (subscriber access only)
Finance minister Godongwana cushions petrol hikes by cutting fuel levy BL Premium reports that the government has cut the fuel levy by almost 40% between next week and the end of May at a total cost to the fiscus of R6bn to cushion consumers and businesses from the effect of prices that have jumped to record highs in the wake of the Russian invasion of Ukraine. Finance Minister Enoch Godongwana told the National Assembly on Thursday that the levy would be reduced by R1.50 a litre from 6 April until the end of May. That will bring the charge for petrol down from R3.85c/l to R2.35c/l. The levy on diesel will be cut from R3.70c/l to R2.20c/l. The cost will not affect the fiscal framework and will be covered by the sale of SA’s strategic crude oil stocks. The levy reduction does not mean an absolute cut in prices but increases that would be less than they would have been if determined by relying just on what data from the Central Energy Fund suggests. In SA, the petrol price reached a record R21.60/l for 95 unleaded petrol in the inland region and is expected to rise even further in April. The government is exploring other measures that may come into effect in June, such as allowing retailers to deviate from regulated prices. Read the full original of the report in the above regard by Linda Ensor at BusinessLive (subscriber access only) Other internet posting(s) in this news category
New police commissioner Masemola is a SAPS veteran who has rapport with Cele BL Premium reports that President Cyril Ramaphosa has named “career policeman” Gen Sehlahle Fannie Masemola as new national police commissioner. This comes six weeks after Ramaphosa announced the early exit of Khehla Sitole, whose time in office was marked by controversies and conflict with the police minister Bheki Cele. Sitole’s time will perhaps be best remembered for the dismal failure to prevent, and then deal with, the July 2021 unrest, which led to over 300 deaths and more than R50bn in economic damage. Masemola has over 20 years’ experience in the SA Police Service (SAPS) and is known to be close to Cele, the two having been seen side by side at official police engagements over the past two years, including a visit to Phoenix in KwaZulu-Natal in August 2021, which was the scene of some of the worst violence of the riots. The president settled on Masemola after a selection panel led by former minister of state security Sydney Mufamadi shortlisted five out of 24 potential candidates. Ramaphosa said Masemola had “an outstanding record of achievements”, including de-escalating violence in KwaZulu-Natal after the 1994 national elections. He also credited the general with “drastically reducing cash in transit crimes” in 2016. Masemola has run security for major events such as UN summits and the 2010 Fifa World Cup. The SA Policing Union has welcomed the appointment. Read the full original of the report in the above regard by Erin Bates at BusinessLive (subscriber access only). Lees ook, Nuwe polisiekommissaris aangestel, by Maroela Media Other internet posting(s) in this news category
Not promoting disabled Cape Town fireman was ‘not unfair discrimination’, top court rules The Star reports that the Constitutional Court (ConCourt) has ruled that the City of Cape Town’s refusal to waive policy-stipulated physical fitness requirements and promote a permanently disabled employee to senior firefighter did not amount to unfair discrimination. This week’s ruling went against Adam Damons, who suffered career-limiting injuries when he was dropped during a firefighting drill in 2010. His permanent injuries are so severe that he cannot carry anything heavier than 10kg. He was employed as a firefighter on 1 February 2001. Damons submitted to the ConCourt that the City did not change his firefighter rank after the accident. He was merely transferred to finance and billing, and then to the fire and life safety education section. But 11 years later, he remained with no prospects of career advancement. His applications for senior firefighter posts were declined, based on his disability. Opposing the application, the City maintained that it had acted in accordance with its Fire and Rescue Advancement Policy, adopted in 2009. This policy states that one must be physically fit to be considered for appointment as a firefighter, and subsequently for promotion. The ConCourt noted that Damons’ case was effectively that the city discriminated against him unfairly by not waiving the requirement of physical assessment stipulated for promotion. It found that there was no legal obligation compelling the metro to waive the requirement to allow him to work in the Fire and Rescue Service’s operational section. “He is excluded from this section as he cannot meet the inherent requirement of physical fitness,” it found. Read the full original of the report in the above regard by Bongani Nkosi at The Star
Former Eskom financial controller gets 20-year prison term for faking invoices worth R35m Fin24 reports that a former Eskom financial controller, Mosia Barnard Moraka, has been sentenced to an effective 20 years in prison. Moraka and Eskom service provider Victor Vilosi Tshabalala were each found guilty of 53 counts of fraud and theft that cost Eskom R35 million, Eskom spokesperson Sikonathi Mantshantsha reported. Tshabalala also received a 20-year prison sentence. Apart from the jail time, the Palm Ridge Commercial Crimes Court also ordered that the properties of the two be sold and the proceeds paid directly to Eskom. The properties were placed under a preservation order in November 2021. Moraka was employed by Eskom as a financial controller for primary energy until 2018, when he resigned. He colluded with Tshabalala between January 2016 and October 2018 to defraud the power utility of R35 million by loading fake invoices for coal transport. Tshabala is the owner of Meagra Transport Close Corporation, and the charge sheet against him states that the company never transported coal from the Palesa Mine in Mpumalanga to the Clewer Rail Route and had no contract with the state-owned entity, despite receiving 53 payments to this effect. The two were arrested in 2019, following an investigation by Eskom’s audit and forensics department. Read the full original of the report in the above regard at Fin24. Lees ook, Eskom-bedrieërs moet 20 jaar sit, by Maroela Media. As well as, Eskom welcomes 20-year jail sentence for two fraudsters, at Engineering News Corruption Watch annual report shows policing sector topping list with the most cases reported in 2021 News24 reports that the policing sector accounted for the highest percentage of reported cases of alleged corruption in 2021. This is according to Corruption Watch, which released its annual report on corruption in the country on Thursday. It showed that 10% of the reports it received on corruption were in the policing sector. "Reports of corruption in the South African Police Service (SAPS) ranged from abuse of authority, such as the use of state resources to exert pressure on or use of violence against civilians to dereliction of duty, where police personnel failed to act upon complaints against their own," the report indicated. Also prominent were bribery and extortion solicited from the public, particularly when people sought the protection of the police or were falsely accused of being in the wrong. The most common forms of corruption in the sector were: abuse of authority at 40%, dereliction of duty at 35%, and bribery or extortion at 26%. Schools came in second and accounted for 5.8% of the total number of reported cases of alleged corruption in 2021. Corruption Watch received 3,248 reports of alleged corruption in 2021, which was a decline of 1,532 when compared to the previous year. Read the full original of the report in the above regard by Lwandile Bhengu at News24
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