In our Tuesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Ramaphosa expected within days to declare an energy emergency BL Premium reports that President Cyril Ramaphosa is likely to announce an energy emergency as early as this week, as part of what he calls a “comprehensive set of actions” aimed at solving the country’s escalating power outages. He is expected to address the nation within days to outline the plan after high-level meetings in the past two weeks. A senior presidency official said: “Government’s response must equal or be similar to that given to the Covid-19 pandemic and he wants those lessons to be referenced in this regard and all options explored and put on the table.” The immediate measures Ramaphosa is considering are expected to help get rid of red tape. Bureaucratic processes make it difficult to bring in new generation capacity, which is one of the standout proposals by the National Planning Commission (NPC). The new measures are an explicit acknowledgment by the government that the steps it has taken so far to stabilise supply — which include allowing private projects to apply for up to 100MW in electricity generation — are not enough. The announcement in the coming days will come as SA buckles under one of the worst power cuts since the country first became aware that Eskom’s power plants were falling apart in 2008, with power cuts lasting as long as six hours. Meanwhile, Eskom CEO André de Ruyter said the power utility engaged with various ministers and the president at the weekend to find a solution that wopuld allow for more generation capacity to be added to the grid as soon as possible. Read the full original of the report in the above regard by Denene Erasmus & Hajra Omarjee at BusinessLive (subscriber access only). Read too, Ramaphosa to announce comprehensive action plan to tackle load-shedding, at Mining Weekly Labour Minister Thulas Nxesi opposes any plan to privatise Eskom Bloomberg News reports that Employment & Labour Minister Thulas Nxesi says he will oppose any move to privatise Eskom as it struggles to generate power, avoid outages and repay its R396bn debt. While President Cyril Ramaphosa’s government has previously denied any plans to sell the company, there have been calls to divest from the asset. According to S&P Global Ratings, privatisation might be the best option to resolve SA’s power crisis. Privatising the company would be detrimental to the poor, Nxesi opined in an interview. Nxesi, who is also deputy national chair of the SA Communist Party (SACP), explained: “I am not a proponent of privatisation of key state assets. If you privatise electricity, you can forget about the majority of people having access to electricity – it is going to be very expensive for them. That’s why government steps in when there is market failure.” Nxesi added that he saw the energy issue as an economic crisis. Operational issues at Eskom pose a risk to SA’s economic outlook and the utility’s revenue is insufficient to reduce its debt. The administration is breaking up Eskom into three separate entities, namely transmission, generation and distribution. Nxesi remarked the ANC could upset South Africans if it was unable to resolve the energy crisis by 2024, when the next general election is set to take place. Read the full original of the report in the above regard by S'thembile Cele at BusinessLive Load shedding to continue into next week as Eskom struggles to recover after strike Fin24 reports that South Africans can expect Stage 4 load shedding until midnight for the next few days, with Stage 2 between midnight and 05:00. This may be downgraded to Stage 3 during the day on Friday, with Stage 2 expected over the weekend, if offline power stations are returned as expected. The intention was to lift load shedding in the next ten days or so, Eskom COO Jan Oberholzer told a media briefing on Monday morning. However, he warned that the unpredictability and unreliability of the system brought large risks. According to Eskom CEO André de Ruyter, the illegal strike at Eskom during wage talks hindered vital maintenance work at six power stations, namely Duvha, Arnot, Matla, Hendrina, Kamden and Lethabo. The deadlock ended last week when the utility and unions signed a one-year deal for a 7% wage increase. De Ruyter advised that Eskom would still be pursuing internal disciplinary proceedings as well as legal action against strikers who intimidated staff who wanted to work at plants during the wage deadlock in June. "The first process is internal disciplinary processes. We are not going to accept that workers were able to go on an illegal strike and engage in intimidation. There are also external legal processes and criminal charges to be laid. We have video footage of several incidences, and we are engaging police on charges to be laid. We are also greatly heartened by an announcement by the police commissioner and the president that a task team on sabotage has been established," De Ruyter told reporters. He warned that it would take weeks to fully recover from the strike. Read the full original of the report in the above regard by Khulekani Magubane at Fin24. See too, Eskom lacks a proper recovery plan for its own mess, says expert, at The Citizen (subscriber access only) Other internet posting(s) in this news category
'Heartbroken' domestic worker who was allegedly fired for being HIV-positive, 'treated like a dog with rabies' News24 reports on a Cape Town domestic worker from Khayelitsha who was allegedly fired for disclosing her HIV-positive status. Now, Mavis Tambo, who said she was heartbroken and deeply offended, is imploring people to educate themselves about the virus. Mavis Tambo, 42, had been working for Daronn Carroll and his family for the past four months, and had never had any problems at work. On Thursday, she decided to tell her employers about her health condition because she would be late for work once a month to pick up her medication at the day hospital. “I felt that because I was getting attached to the family I thought it would be better if I let them know about my health, so that they don't hear from anyone else and that they understand why I'll be late once a month," Tambo explained. She advised them that she was diagnosed with HIV more than 10 years ago and there was no reason why she couldn't continue doing her job because she was taking her meds and keeping healthy and fit. Tambo reported what happened: “On Thursday, I got a call to say that my services were no longer needed and that the family didn't want me in their home anymore because they were scared I was going to infect them with HIV. I told my boss that's not how HIV is spread, and that nothing would happen to the family when I'm around. But they didn't see it like that and said that I use their cutlery and drink from the same glasses... my stains would be on it and they didn't want to take the risk of having me around everyone in the house." Tambo was then given a letter of dismissal, which indicated that she had been "dishonest regarding your HIV status". But Tambo says her employers never once asked her, during her probation period, about her health condition. “I did not ask to be in this position, I'm learning to live with it. But to be treated like a dog, with rabies, is really not nice," she said. Tambo has since approached the CCMA regarding her unfair dismissal. Read the full original of the report in the above regard by Lisalee Solomons at News24 Other internet posting(s) in this news category
Standard Bank repeals mandatory Covid-19 vaccination policy with immediate effect BL Premium reports that Standard Bank has withdrawn its Covid-19 mandatory vaccination policy just days after finance union Sasbo vowed to challenge the lender’s dismissal of at least 40 of its members for not complying with the policy. The bank said in a statement on Monday that it had withdrawn the policy “with immediate effect” as 95% of its employees were already vaccinated against Covid-19. CEO Lungisa Fuzile stated: “Based on the current context of the pandemic, we believe that our vaccination policy is no longer required. Consequentially, it is no longer compulsory for employees to be vaccinated, or to produce a negative PCR or rapid antigen test if they are unvaccinated, in order to enter our premises.” Sasbo, a union representing about 73,000 members in the finance sector, on Friday demanded that Standard Bank repeal its vaccine mandate, which the union said required all staff to be vaccinated against Covid-19 by 4 April or face dismissal. In its statement, the bank said it would be “revising some of its safety measures and the existing Covid-19 policy and protocols”. Nevertheless, Standard Bank said that while it had opted to withdraw its mandatory vaccination policy it still continued to support and encourage vaccination against Covid-19. Read the full original of the report in the above regard by Garth Theunissen at BusinessLive (subscriber access only) Old Mutual, Standard Bank have now fired a total of 89 people for refusing Covid-19 jab Fin24 reports that Old Mutual has joined the list of companies that financial sector union Sasbo wants to take to the Labour Court for dismissing employees who refused to vaccinate against Covid-19. The insurer has confirmed that 49 people have left its employ due to incapacity after refusing to vaccinate against Covid-19. Old Mutual introduced a mandatory vaccination policy in November 2021. It gave its staff up to January 2022 to produce vaccination certificates. The alternative for unvaccinated employees was to produce regular PCR or Rapid Antigen Testing results. Old Mutual abolished its mandatory vaccination policy on 22 June and halted the incapacity hearings process. Sasbo is already fighting for 40 Standard Bank employees who were dismissed by the bank for not vaccinating by its deadline of 4 April. Many other Standard Bank employees are on special leave pending their incapacity hearings. On Monday, Standard Bank also suspended its mandatory vaccination policy, with immediate effect. Sasbo has avoided going to the CCMA because of the inconsistency of its rulings on the issue of mandatory vaccination. It plans to approach the Labour Court and says it is prepared to take the matter all the way to the Constitutional Court. But according to a labour lawyer, all unfair dismissal disputes need to go through the CCMA process first. In May, the CCMA ruled that Baroque Medical was justified in firing an invoicing clerk for refusing to get vaccinated. But a month later, it ruled that the same company's application of its mandatory vaccination policy – in the case of an inventory controller – was "substantively unfair" and "unconstitutional". Read the full original of the report in the above regard by Londiwe Buthelezi at Fin24 (subscriber access only)
Nehawu and PSA to resume strike action at SARS amid tax collection season BusinessLive reports that strike action by the Public Servants Association (PSA) and the National Education, Health and Allied Workers’ Union (Nehawu) at the SA Revenue Service (SARS) is set to resume from Tuesday and could affect tax collection at the agency. The two trade unions, which represent the majority of the nearly 13,000-strong workforce at SARS, said the industrial action would recommence after a meeting with management in June failed to secure an agreement. When the strike action began in May, SARS called on people to use its online services and claimed at the time the industrial action had little impact on its operations. But the two unions insisted on Monday that the resumption of the strike action would have a negative impact on SARS’ operations, especially since it was the tax season. The PSA and Nehawu downed tools on 26 May demanding increases of 11.5% and 12% respectively. Against this, the employer reportedly offered R70m to fund pay rises and R430m as a one-off gratuity payment for the 2021/2022 financial year. The R500m offer was rejected by unions who argued that it would translate only to a rise of 1.3% and a one-off R3,000 cash gratuity. In a statement on Monday, Nehawu’s Zola Saphetha said: “As Nehawu, we have tried to engage the institution since May and they remained stubborn with the 1.39% [offer] that is way below the inflation rate of 5.9%.” He stressed that the tax agency had rejected the union’s demands, which included a R2,000 “token of appreciation” to all employees, and an annual 1.5% pay progression. The PSA’s Reuben Maleka indicated: “We are together with Nehawu on this. The strike resumes on Tuesday.” Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive
Leather and tanning industry workers get 7.25% wage increase Fin24 reports that for the second week in a row, the Southern African Clothing and Textile Workers’ Union (Sactwu) has secured a wage deal in a textile sub-sector, this time in the leather and tanning industry, with workers set to earn 7.25% more across the board. Last week, Sactwu announced a settlement in the woven cotton industry, where workers will be getting a 7% increase after their talks with the SA Cotton and Textile Processing Employers Association. Like the woven cotton wage deal, the leather and tanning wage deal is a one-year agreement and will cover the period from July 2022 to June 2023. The agreement was reached late last week with employers represented by the SA Tanning Employers Organisation (Sateo). Sactwu said the increase would come into force immediately, with the first payment backdated to 1 July 2022. The union said the settlement would cover approximately 2,500 leather tanning sector workers nationally, in 24 factories. Read the full original of the report in the above regard by Khulekani Magubane at Fin24
Eastplats’ planned restart of underground operations at Crocodile River Mine to create 1,400 new jobs BL Premium reports that Eastern Platinum (Eastplats) is preparing to resume underground operations at its Crocodile River Mine (CRM) near Brits in North West by the fourth quarter of 2022. The mine has been opened and shut a few times “due to economic considerations and problems with the mining method”, said Hannelie Hanson, GM for Eastplats in SA. It has been under care and maintenance since August 2013 and restarting operations before the end of this year will require an investment of about $25m. According to Hanson, if the company does succeed in resuming underground operations at the mine, it will create about 1,400 new mining jobs. In 2021 an underground long-term plan and mine design study was completed, and a restart business execution plan got under way with the board’s approval and mandate to seek funding arrangements to restart underground operations at CRM in the second half of 2022. The restart of underground operations will be at the Zandfontein section of the mine, which has reserves of 1.7-million ounces with an overall mine life of 22 years. Some of the changes to the mining method, which the company believes will make the operations more viable compared to previous operations, include on-reef development instead of on the footwall below the reef, and switching to hydro powered drilling for in-stope drilling, which is more energy efficient than the compressed air drilling previously used. Read the full original of the report in the above regard by Denene Erasmus at BusinessLive (subscriber access only). Read too, Eastplats positions new mining method to reopen CRM before year-end, at Mining Weekly
Critical vacancies abound in public enterprises department City Press reports that as questions over stability in the Department of Public Enterprises (DPE) begin to pile up, spokesperson Richard Mantu said leaked information was “a misrepresentation and diversion of the facts at hand”. He was referring to questions about the department’s decision not to renew the contracts of three senior managers, allegedly on the grounds that the individuals were seen to be too close to suspended director-general Kgathatso Tlhakudi. The trio allegedly had a “legitimate expectation” that their contracts would be renewed, based on their performances. The department already had a 20% vacancy rate, a factor that contributed to the friction between Tlhakudi and Public Enterprises Minister Pravin Gordhan. Earlier this year, Gordhan declared a moratorium on the filling of the vacant posts. Two weeks ago, government placed Tlhakudi on precautionary suspension, pending a disciplinary process. He faces accusations that he overruled an interviewing panel’s recommendations in the appointment of a security manager. Instead he allegedly wanted a candidate of his choice to be installed in that position. Those sympathetic to Tlhakudi blame the fallout on Gordhan’s tendency to micromanage and a dispute over the valuation of SAA prior to its partial sale to a private consortium. Vacant critical DPE positions included the following: deputy director-general of energy resources, who provides technical oversight on Eskom, diamond mining company Alexkor and the SA Forestry Company; deputy director-general of transport, who provides technical oversight on Transnet, Denel, SAA and SA Express; and deputy director-general for business enhancement, who is responsible for monitoring socioeconomic programmes such as skills development, corporate social investment and localisation. A chief director is overseeing Denel in an acting capacity, while a director is overseeing Transnet, SAA and SA Express. Read the full original of the report in the above regard by Setumo Stone at City Press (subscriber access only)
Lotteries Commission serves COO Phillemon Letwaba with notice of intention to suspend him – for the third time GroundUp reports that the new board of the National Lotteries Commission (NLC) has served chief operating officer Phillemon Letwaba with notice of intention to suspend him. The notice, delivered last week, comes after an earlier internal inquiry cleared Letwaba of money laundering and abusing his position to enrich himself and his family. Letwaba is expected to be suspended as early as this week. He was informed that he would face the same four charges on which he was previously cleared, but new charges might be added. Apparently, the new board had asked NLC Commissioner Thabang Mampana to suspend Letwaba, but she did not comply with its instructions. That led the board taking the matter into its own hands. This will be the third time that Letwaba has been suspended. In March 2020, he was forced to take a leave of absence on full pay. He returned to work around July 2021, having earned over R3-million during his 17-month absence. In October 2021, less than three months later, he was again suspended on full pay. He returned to work in March 2022, having earned close to R1.5-million during this absence. Now, just four months later, he has been sent another letter of intention to suspend him. At the first disciplinary inquiry, Letwaba was accused of conflict of interest and using front companies to funnel money from non-profit companies that received Lottery grants. Charges against him also included contraventions of the Prevention of Organised Crime Act, as well as sections of the Lotteries Act and the Public Finance Management Act. He pleaded not guilty to all charges. Read the full original of the report in the above regard by Raymond Joseph at GroundUp
Pretoria teacher cleared of racism allegation Pretoria News reports that a Gauteng teacher who was accused of racism has won a case brought against her at the Education Labour Relations Council (ELRC). The arbitrator ruled this week that Anneke Smit, who was fired from her job as a teacher at Hoërskool Montana in Pretoria North, was falsely accused of racism, suspended and unfairly dismissed in September 2021. The arbitrator also ruled that Smit should receive 10 months’ damages and that she could return to the school in her position as a teacher on 1 August. Anlia Archer, spokesperson for Solidarity which represented Smit, accused Gauteng Education MEC Panyaza Lesufi of personally rejecting her application to appeal. She also said: "During the hearing it was also found that the charges against her, as well as the procedure followed in respect of Ms Smit’s dismissal were unfounded and she should therefore be reinstated in her post. It is outrageous that a teacher’s life and work were snatched from her simply because of false charges of racism being brought against her.” Archer explained that in Smit’s case the word “polisiemannetjie” (the Afrikaans diminutive for policeman) was taken as ‘police monkey’ and hence an investigation was instituted against her resulting in her dismissal. She went on to comment: “Quasi-racism cannot be the charge every time someone is unhappy with an interaction that took place in the classroom. In this case, a whole family’s life was disrupted by one false accusation.” Read the full original of the report in the above regard by Mashudu Sadike at Pretoria News
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