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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Neasa, Saefa fail in labour court bid to halt extension of MEIBC main agreement to nonparties Engineering News reports that the Labour Court has dismissed an application brought by the National Employers Association of SA (Neasa) and the SA Engineers’ and Founders’ Association (Saefa) to declare Section 32(1) of the Labour Relations Act (LRA) unconstitutional and halt the extension of the Main Agreement of the Metal and Engineering Industries Bargaining Council (MEIBC) to nonparties. In June, a meeting of the MEIBC resolved to request the Employment and Labour Minister to extend the agreement to nonparties, whereupon Neasa and Saefa launched their urgent court application to halt that process and have the enabling section of the LRA declared unconstitutional. In a rebuke of the applicants, acting Judge Sean Snyman struck down their application in its entirety and ordered them to pay the respondents’ costs. In his judgment, Snyman pointed to Neasa’s consistent efforts since 2014 to scupper any attempt to extend the Main Agreement of the MEIBC to nonparties. Neasa said in a statement following the court judgment that it did not “spell the end of the road, but it is, in fact, only the beginning”. The association advised that it intended to pursue all legal avenues to prevent or set aside any extension of the Main Agreement. Neasa explained that it strongly advocated for every employer to decide the wage level of its staff, based on its own operational needs. It was also against the self-proclaimed right of businesses, situated in economic hubs, to force upon small businesses a similar wage. The MEIBC Main Agreement allows small, medium-sized and microenterprises (SMMEs) to gradually phase in their wages, upon these businesses applying for such an exemption. Read the full original of the report in the above regard at Engineering News
Domestic workers urged to report national minimum wage underpayments The Mercury reports that the Department of Employment and Labour (DEL) has urged domestic workers to report employers not complying with the national minimum wage (NMW). Caroline Kwetepane, deputy director in advocacy and stakeholder relations, called on domestic workers who continued to be paid below the NMW to report such violations at the department’s offices. Kwetepane said three years since the introduction of the NMW, employers were still exploiting and violating the law by underpaying domestic workers. She went on to indicate: “The NMW is the amount payable for the ordinary hours of work and does not include payment of allowances (such as transport, tools, food or accommodation), payments in kind (board or lodging), tips, bonuses and gifts.” According to Kwetepane, in addition to being underpaid, domestic workers were still not given contracts of employment, not handed payslips, not registered for injuries on duty, not registered for Unemployment Insurance Fund benefits and not granted extended leave benefits among other violations. DEL Minister Thulas Nxesi announced earlier this year that the NMW had been reviewed and adjusted from R21.69 (2021) to R23.19 for each ordinary hour worked for the year 2022 with effect from 1 March. Read the full original of the report in the above regard by Khethukuthula Xulu at The Mercury
Youth in Tshwane march to businesses, demanding jobs The Citizen reports that youth unemployment in Tshwane is a ticking time bomb, with unemployed residents taking matters into their own hands and going onto the streets, marching from business to business to demand job opportunities. This week, the Tshwane Bahlali Dudulas and unemployed residents from Mamelodi, Nellmapius and Eersterust marched to businesses in Watloo to hand over more memorandums with demands. Last month, the group marched to the Ford Motor Company and the N4 Gateway Industrial Park with CVs in their hands in hopes of getting jobs. Organiser Khutso Smesh Semetjane said residents were calling for employment equality and prioritisation of local residents’ employment. “We launched a new action today and went to SAB [SA Breweries] and Premier Foods. We submitted our memorandum of demands. We demand employment for people living in Mamelodi, Nellmapius and Eersterust and business opportunities for locals prioritised,” Semetjane stated. He also said they wanted collective investment schemes (CIS) funds to be prioritised and distributed in those areas. “We have given them seven days to respond and after the seven days we will be calling for a meeting with the community to give them feedback,” Semetjane indicated. He said the participating marchers were registered and screened on the day and would be the first ones in line when job opportunities became available. Read the full original of the report in the above regard by Marizka Coetzer at The Citizen Unemployed youths march to Musina Mall and two local mining companies to demand jobs GroundUp reports that more than 100 unemployed young Musina residents marched to Musina Mall and two local mines on Wednesday to demand that they be employed in local projects. Many of the marchers said they completed matric over five years ago, but have never had permanent employment. At the mall, the protesters demanded that management should only employ people from the surrounding communities. They also wanted the company to set up a youth desk where they could directly submit their CVs and to create more space for young entrepreneurs from the community. In addition to its memorandum, the group handed over 93 CVs to mall management. At Venetia Mine’s offices next to the mall, 132 CVs were handed over to a representative. Protesters demanded to get details about whom the mine contracted. They objected to the contractors bringing workers from outside the community. Eddy Bowers, Venetia Mine manager, signed the group’s memo and promised to “escalate the matter”. The group then went to Vele Mine about 30km west of Musina town. There they handed over 117 CVs to a representative. Naomi Makhela, executive secretary for the mine, signed and accepted the memo. Vele mine stopped operating in 2010, but according to protesters the company promised that when it reopened, priority would be given to previous employees and the youth. They claimed this didn’t happen when the mine recently reopened. Protesters demanded that the companies respond within five working days. Read the full original of the report in the above regard by Bernard Chiguvare at GroundUp
EFF uses strong-arm tactics to disperse Dudula members at Kalafong Hospital TimesLive reports that there were heated confrontations between the EFF and Operation Dudula members at Kalafong Hospital in Atteridgeville on Thursday. The EFF approached the police, who were monitoring the situation outside the hospital, and questioned why they were not taking action against the Dudula group singing and chanting outside the hospital. A few hours later there were flying stones, bottles, an exchange of slaps and kicks and sjamboking as the two opposing groups fought and attacked each other. Some people were injured. EFF members who had run for cover inside the hospital were removed by the police. National health minister Joe Phaahla was inside the hospital at the time, assessing the impact of sporadic protests preventing access to health services, led by the anti-migrant Dudula movement. The Dudula group gathered at the hospital despite a court interdict barring them from threatening, preventing and denying patients (deemed to be non-South African) and hospital employees from accessing the facility. Phaahla called on the leaders of Dudula to stop their actions. The EFF in Gauteng said the minister of health had failed the people, particularly economic immigrants and asylum seekers in SA, while the police were failing to do their work. Bongani Banda, regional chairperson of the Democratic Nursing Organisation of SA (Denosa) in Tshwane, said they were extremely disappointed with Dudula’s actions. He said staff shortages had not been addressed and were the main cause of problems at the Kalafong Hospital. A nurse said they were dealing with many demoralising issues at the hospital which get blamed on them. The nurse, who started working in 2016, said the government was failing health workers. Read the full original of the report in the above regard by Shonisani Tshikalange at TimesLive. See too, EFF and Dudula exchange blows at Kalafong hospital, at SowetanLive ANC on foreigner blame trail seeks to ram through NHI Bill The Citizen reports that against a growing campaign to blame foreign nationals for depleting public health services, ANC MPs on Wednesday pulled all stops out for a speedy passage of the National Health Insurance (NHI) Bill. But, respected scientist Professor Shabir Madhi blamed mismanagement, poor governance and corruption for the messy state of public healthcare. Madhi said the NHI was “an aspiration, which is being sold as the saviour to the self-inflicted healthcare crisis, caused by government mismanagement and poor governance and corruption in the health system”. He was commenting amid heated discussions in the parliamentary health portfolio committee over the NHI Bill, with opposition party MPs warning the ANC against rushing for the promulgation of the Bill into law, given current flaws in the system. Madhi said: “The state we are in is not due to overwhelming of health services by foreign nationals, but because of mismanagement, poor governance and corruption in all provinces, except in the Western Cape. Access to healthcare for foreigners – be it under the current model or the NHI – requires adequate management structures and competency to implement policies that have existed to cover such.” In discussing clause-by-clause provisions of the Bill, opposition MPs lashed out at the ANC for being hasty in pushing its passage – pointing in particular to the uncoordinated national health information system. Read the full original of the report in the above regard by Brian Sokutu at The Citizen (subscriber access only)
Police arrest 30 suspected illegal miners in Benoni on Thursday TimesLive reports that police disrupted an illegal mining operation in Benoni, Ekurhuleni, and arrested more than 30 suspected illegal miners on Thursday. The arrests were made during an O Kae Molao police operation led by Gauteng community safety MEC Faith Mazibuko and Gauteng police commissioner Lt-Gen Elias Mawela. Police spokesperson Lt-Col Mavela Masondo said the suspected illegal miners, aged between 13 and 54, were found with explosives and other equipment used for illegal mining. “The police destroyed the structures used as workshops and hiding places by the illegal miners. The suspects will be charged under legislation related to illegal mining activities and illegal possession of explosives, among other crimes,” Masondo advised. He said the detainees would also be processed by the Department of Home Affairs, as they were all suspected to be undocumented foreign nationals. Read the original of the short report in the above regard by TimesLive Other general posting(s) relating to mining
Denel appoints ex-aeronautics head Michael Kgobe as new interim CEO BL Premium reports that ailing arms manufacturer Denel said on Thursday it had appointed Michael Kgobe as the interim group CEO following the expiry of William Hlakoane’s contract. “The process of recruiting the new GCEO is under way and a further announcement will be made once the board is in a position to announce the appointment of a permanent GCEO,” Denel advised in a brief statement. Kgobe joined Denel in 2000 and has a background in aeronautical engineering. He was the divisional CEO of Denel Aeronautics before the promotion and in 2018 led at the helm in an acting capacity. Denel is one of many parastatals struggling to recover from state capture as it reported huge losses in recent years and is struggling to meet its financial obligations, including paying salaries and suppliers. This led to a mass exodus of skilled personnel that further weakened its ability to deliver on key revenue-generating projects. Read the full original of the report in the above regard by Nico Gous at BusinessLive (subscriber access only) Lionel October appointed as acting National Lotteries Commission boss GroundUp reports that Lionel October, the former director-general of the Department of Trade, Industry and Competition (DTIC) has been appointed acting Commissioner of the National Lotteries Commission (NLC). October’s appointment followed last month’s sudden resignation of Thabang Mampane, only a few weeks before her second five-year term was due to expire and after GroundUp revealed that her home had been bought with Lottery money. October stepped down as DTIC director-general in April last year to take up a position as the head of the new special economic zones unit at the Industrial Development Corporation. His appointment to the NLC hot seat was effective from 1 September and followed the appointment of human rights lawyer and cleric Barney Pityana as chairperson of the NLC board. Pityana also took up his appointment on 1 September. GroundUp has revealed how hundreds of millions of rands from Lottery grants, meant for “good causes” have been lost to fraud and corruption, especially after the introduction of so-called proactive funding in 2015. A new board was appointed earlier this year, as part of the clean-up of the scandal-ridden NLC. Read the full original of the report in the above regard by Raymond Joseph at GroundUp. Read too, National Lotteries Commission ignored warnings about corruption, at GroundUp Cabinet welcomes new law barring senior municipal officials from being political party office-bearers Cape Times reports that the Cabinet has welcomed the signing into law of the bill that bars senior employees in local government from holding political office in parties. In a post-Cabinet meeting statement, Minister in the Presidency Mondli Gungubele said the new law aimed at improving the capacity and ethical standards of local government. “The law forms part of the government’s efforts to professionalise the public service and ensure the sustainable provision of services to the people, as a basic right enshrined in the Constitution of the Republic of South Africa of 1996,” he indicated. Gungubele said the new legislation also specified the processes to be followed for senior position appointments. “The Act prevented senior public officials from holding political office in political parties. Also with this Act in place, vacant municipal manager posts are expected to be advertised nationally to attract a wide pool of suitable candidates. Cabinet is confident that these changes will ensure that those who are appointed or elected into these positions will be able to deliver on their promises so that we can achieve a better life for all,” he said. Read the original of the report in the above regard by Mayibongwe Maqhina at Cape Times Other internet posting(s) in this news category
Overtime pay being raked in by 70 Durban Solid Waste workers The Mercury reports that concern over rampant abuse of overtime in eThekwini Municipality’s Durban Solid Waste (DSW) unit has deepened following revelations that one employee claimed R50,000 in overtime pay after working 317 hours of overtime. The unnamed employee, who is listed as a supervisor driver in the unit, is among 70 employees who have been listed as having claimed more than 200 hours of overtime in any single month. Another supervisor driver earned close to R43,000 after claiming 232 hours of overtime in one month. These revelations were made in eThekwini Municipality’s full council meeting last week in response to questions posed about widespread abuse of overtime pay in the unit. Details of employees “working” abnormal overtime hours exceeding 200 hours a month were provided. A report listed close to 70 people working as general assistants, drivers and other professions in the DSW unit who claimed more than R1.6 million in overtime in seven months between October last year and July this year. DA councillor Mzamo Billy questioned whether it was legal for municipal staff to work more than 200 hours each month and whether any action could be taken in light of allegations of abuse of overtime. The City responded that if employees worked excessive hours that had been approved by their supervisors and there was sufficient evidence (checks and balances), then such employees were paid their necessary overtime pay. It said employees were allowed to work 40 hours’ overtime in terms of legislation, however, notwithstanding that requirement, the unit was challenged with completing daily tasks with overtime. The unit said that corporate HR was undertaking an investigation into all employees who had worked excessive hours and added: “There is no evidence that shows that illegal overtime has taken place, however, if the investigations shows that there has been illegal overtime that information would be available to the public.” Read the full original of the report in the above regard by Thami Magubane at
Housing Development Agency employee sues for R10m after claim of rape at staff party and that she was promoted in return for her silence TimesLive reports that an employee at the Housing Development Agency has lodged three legal claims against the institution and against a colleague who alleged that the employee had been promoted for her silence after she was allegedly raped by two senior executives. The employee is seeking more than R10m. The claims include a R2m defamation suit against the agency and against her colleague, who is a senior manager, for allegedly telling the board that she believed the employee had been raped by two senior male employees after a staff party and was given a promotion in return for her silence. The senior manager had also told the board that in a separate incident at the same party the employee had engaged in sexual acts with one of the men, who had taken “advantage” of her in full view of other employees as she had allegedly appeared intoxicated. The sexual acts allegedly happened in September 2017 in full view of others. The employee, a 42-year-old mother of two, was promoted by her superiors in 2018. She denies the allegations and has taken civil action in the Johannesburg High Court. Human Settlements Minister Mmamoloko Kubayi has also been roped in and she has now demanded a report from the agency, which falls under her department. The employee wants the agency to pay her a further R500,000 for trauma and emotional suffering, and R60,000 for current and future medical treatment involving psychotherapy. In a separate matter in the Labour Court, the employee is seeking R3m for harassment and unfair discrimination. She claims the agency launched an investigation which involved allegations of her being raped without even contacting or involving her. In a third case, the employee has lodged a legal claim in the Johannesburg High Court against her employer for breach of common law for failing to create and maintain a safe environment in which she was not emotionally and psychologically harassed, and for the violation of her constitutional rights. She is seeking R5m. The matters are awaiting court dates. Read the full original of the report in the above regard by Isaac Mahlangu at TimesLive
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