In our Thursday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Threatened with strike, Transnet ups its wage hike offer from 1.5% to 3% Fin24 reports that on Wednesday, state-owned logistics company Transnet sweetened its offer to unions, boosting its wage hike offer from 1.5% to 3%, on the day it was set to receive strike notices from unions. The SA Transport and Allied Workers’ Union (Satawu) and the United National Transport Union (UNTU) rejected the 1.5% wage increase offer on Tuesday, and said that on Wednesday they would serve the freight company with notice of intention to strike. The unions said the strike could start as soon as this week. Transnet said on Wednesday that it would table the offer formally at the bargaining council on Wednesday with UNTU and on Friday with Satawu. The new offer will include a 3% increase to guaranteed pay with effect from 1 April, with back-pay for April to September to be paid next year. "From the end of October 2022, salaries will be paid with the 3% increase. A once-off ex gratia payment to each employee, which amounts to R7,600 before tax, to be paid at the end of the financial year," the company’s statement indicated. Transnet said it was crucial that "everything possible is done to ensure that a strike is averted". Read the full original of the report in the above regard by Khulekani Magubane at Fin24 Transnet’s latest wage offer rejected by unions, strike planned for Monday still on Mail & Guardian reports that an emergency meeting between unions and Transnet has failed to ward off a strike planned for next Monday which will see more than 80% of staff down tools. Transnet’s COO Portia Derby requested the meeting with the leadership of the United National Transport Union (UNTU) and the SA Transport and Allied Workers’ Union (Satawu) to discuss the salary dispute and the pending strike action declared by both unions. Transnet said it could increase its 1.5% offer to 3%, effective from April 2022. Back pay for the April to September period would be paid in three equal payments between January and March 2023. Untu and Satawu have demanded increases of between 12% and 13.5%. UNTU said in a statement that Transnet was still pleading poverty and that the unions had declined the offer and refused to suspend the strike action. UNTU also raised concerns about holding negotiations outside formal bargaining council structures. Satawu’s Amanda Tshemese reported: “Even after an intervention request from Satawu to minister of finance Enoch Godongwana and minister of public enterprises Pravin Gordhan, no concrete response has been communicated from both departments to stop the strike action.” Read the full original of the report in the above regard by Mandisa Ndlovu at Mail & Guardian. Read too, Transnet’s new deal to workers unlikely to avert strike, at BusinessLive
Wage strike looms in the public sector Mail & Guardian writes that a strike looms in the public sector, as a number of unions have rejected the government’s latest wage offer. Reining in the public sector wage bill has been a cornerstone of government’s fiscal consolidation. The latest round of wage talks began in March. Since then, workers have found themselves in the throes of a cost of living crisis, which could force the government to fold on its hard line against more spending. The 2022 wage talks recently hit another snag when Popcru, Nehawu and Denosa declared a dispute on the current 3% offer. The offer includes a R1,000 non-pensionable gratuity, which will be paid until March 2023. Last week, the Public Servants Association (PSA) announced it had also rejected the offer, saying the increase failed to “address realities such increased interest rates and steep increases in cost-of-living.” In a joint statement released on Wednesday, Finance Minister Enoch Godongwana and acting Public Service and Administration Minister Thulas Nxesi claimed that the current offer, which they said actually amounted to a 7.5% increase if the total package was taken into account, was a generous one considering the current fiscal position. Solly Phetoe, Cosatu’s freshly elected general secretary, would not comment on the current wage talks, but said austerity had dealt a hard blow to workers and the high cost of living had plunged the labour movement into a serious crisis. Matthew Parks, the federation’s parliamentary coordinator, agreed. For workers, he said, “it has been quite a miserable two and a half years”. Workers could not afford to take a below-inflation increase, Parks added. Read the full original of the report in the above regard by Sarah Smit at Mail & Guardian (subscriber access only)
Nurses at two Gqeberha clinics stay away for fear of being attacked by angry community members GroundUp reports that two clinics in Motherwell, Gqeberha, remained closed on Wednesday following allegations against one of the clinics after the death of 15-year-old Zenizole Vena. About 100 Motherwell residents gathered outside the Thanduxolo clinic in NU10 on Wednesday. They were demanding the immediate reopening of that clinic and the clinic in NU11. The NU11 clinic has been closed since the provincial Department of Health started an investigation following the death of Vena on 21 September. The health department reported that the investigation into the matter was still under way, but that it viewed the clinic closures as unprotected strike action by staff because there had been agreements that normal operations would resume on Monday. The Democratic Nursing Organisation of SA (Denosa) said nurses at both clinics did not report for duty because they were afraid that angry community members would attack them because of the Zenizole incident. The union emphasised that this was not a strike. Denosa’s regional chairperson Vuyo Dlanga reported that, as a temporary measure, nurses from the NU11 clinic had been sent to work at other clinics. "The closure of that clinic led patients to flock to the nearby Thanduxolo Clinic in NU10, which overwhelmed its services. This resulted in services not being rendered properly and our members felt threatened by patients," he indicated. Read the full original of the report in the above regard by Joseph Chirume at GroundUp Other internet posting(s) in this news category
Case against six alleged illegal mining kingpins postponed for formal bail applications on 19 October The Citizen reports that the case against the six alleged illegal mining kingpins who were arrested on Tuesday in the West Rand, Johannesburg, has been postponed to 19 October 2022, for formal bail applications. They made their first appearance at the Oberholzer Magistrate’s Court on Wednesday. They are facing charges of fraud, possession of ammunition, possession of drugs, money laundering, contravention of the Immigration Act and contravention of the Precious Metals Act. A Hawks spokesperson said that while the citizenship of four of the accused had yet to be confirmed, the other two were South Africans. Meantime, the Hawks made an administrative mistake and charged one of the suspects twice, reporting on Tuesday that there were seven accused, instead of six. The suspects, aged between 35 and 60, were arrested during operation Gillette at Carletonville and Khutsong. Investigations revealed six transactions worth R500,000 having been made, in which the suspected kingpins bought gold bearing materials from zama zamas, processed it and sold it to the next level hierarchy. Police confiscated a fleet of 13 luxury cars, a truck and an unlicensed home-made firearm belonging to the alleged kingpins. Two other suspects of interest are also being questioned. Read the full original of the report in the above regard by Kgomotso Phooko at The Citizen. Read too, Court thwarts bail request of six alleged illegal mining kingpins, at News24. And also, Alleged illegal mining ringleader described as reserved, humble and loving by neighbour, at News24 Tshiamiso Trust has paid R800m to mineworkers in lung disease settlements TimesLive reports that the Tshiamiso Trust, established to compensate former gold mine workers who contracted silicosis and tuberculosis related to work, paid just under R800m in benefits to almost 9,000 eligible claimants by the end of September. The numbers are set to rise as the trust’s systems are enhanced and it hopes to have settled 10,000 claims by February 2023. The trust was formed after a R5bn settlement in a 2018 class-action lawsuit was reached between the victims or their families and six mining companies, namely African Rainbow Minerals, Anglo American, AngloGold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater. The money will to be paid out over 13 years. In terms of the settlement agreement, miners who worked at mines operated by one of the six companies between 12 March 1965 and 10 December 2019 are potentially eligible for compensation. The compensation for qualifying miners largely depends on the level of lung impairment suffered by a former miner or the results of a post-mortem lung inspection. The Trust explained that insufficient documentation was the primary reason for certification delays. “Claims related to deceased mineworkers are especially difficult to process with limited documented information on the cause of death, which must be diagnosed as either work-related silicosis or cardio-respiratory tuberculosis to qualify for compensation,” it indicated. Read the full original of the report in the above regard at BusinessLive. Read too, Stress and tears as miners battle to get compensation for illness from Tshiamiso Trust, at Mail & Guardian (subscriber access only)
Critical skills visa applications being fast tracked, Aaron Motsoaledi reports BL Premium reports that according to Department of Home Affairs (DHA) Minister Aaron Motsoaledi, his department and the Department of Trade, Industry & Competition (DTI&C) have set up a dedicated team to track and ensure the finalisation of business visa applications. This system was instituted to address the backlogs in applications for critical skills, business and work visas for corporate companies and key investment projects and to prioritise certain applications. Overcoming bottlenecks in the issuing of work visas is one of the objectives of the Presidency’s Vulindlela project, which aims to address the structural constraints to economic growth. The critical skills work visa is issued in accordance with the critical skills list, which was updated by the DHA in February and added to in August to include other skills, mainly related to specialist medical and health practitioners. The minister said the directors-general of the two departments were leading the team. It meets weekly and tracks the progress on all applications. It is overseen by Motsoaledi and DTI&C Minister Ebrahim Patel, and also works with the Department of Employment and Labour to ensure compliance with labour requirements. Meantime as from 1 September, the processing of visa applications was delegated back to all foreign missions from Pretoria due to the severe backlogs that had arisen under the centralised system. Read the full original of the report in the above regard by Linda Ensor at BusinessLive (subscriber access only)
UCT vice-chancellor cuts sabbatical short amid controversy over exodus of senior staffers News24 reports that serious concerns about the reputation and academic credibility of the University of Cape Town (UCT) amid a controversy over senior leaders who left the institution, has prompted vice-chancellor (VC) Mamokgethi Phakeng to cut short her five-month sabbatical. UCT council chairperson Babalwa Ngonyama said in a communiqué to staff and students on Tuesday: "The reason for the VC's return from her well-deserved sabbatical is that, as chair of council, I am deeply concerned by any matters that impact negatively on the university's reputation and academic credibility. I remain firmly committed to resolving these issues in the spirit of unity, dialogue and mutual understanding. In the interim, I believe it to be appropriate for the VC to resume her full-time leadership position." A special council meeting will be held on Thursday to review what happened at a senate meeting last Friday. At the senate meeting, a letter by UCT's former deputy vice-chancellor for teaching and learning Lis Lange was reportedly read out, which stated that Ngonyama had forced her out of her position at the behest of Phakeng. On Monday, Daily Maverick published an investigation into senior leaders who had left the university over the last four years. It showed that senior leaders had raised concerns about the culture at the university under the leadership of Phakeng and Ngonyama. University spokesperson Elijah Moholola indicated that over the past four years (1 July 2018, when the vice-chancellor took office, to 30 June 2022), 11 of the 30 members of the senior leadership team had vacated their positions. Five of them retired when they turned 65, two took early retirement, two chose not to renew their terms, and two left following disciplinary processes. Read the full original of the report in the above regard by Marvin Charles at News24
Employee dismissed from Public Protector's office not paid 'a cent of R1.5m' backpay owed after CCMA ruling News24 reports that former Free State provincial head Sphelo Hamilton Samuel says the Office of the Public Protector has not paid him "a cent of the R1.5 million" in backpay owed to him in terms of a CCMA ruling after his dismissal in 2020. Suspended Public Protector Busisiwe Mkhwebane had fired him after he wrote to Parliament to request an investigation into her conduct and financial mismanagement at the Chapter 9 institution. Samuel was reinstated on 4 July. He indicated this week that he had not been paid his September salary and had received letters instructing him not to report for duty. He indicated: “The back payment was supposed to be made by the end of July, but they did not [pay]. They wrote to me saying I must not come to the office because my presence in the office is confusing for the staff because they appointed someone else after they dismissed me.” The CCMA ruled in favour of Samuel in June and found that, while his dismissal had been procedurally correct, it was unfair. Samuel said about two weeks before receiving his August salary, the office issued him a letter informing him of its intention to apply for a review of the CCMA ruling. He attributed his non-payment for September to his refusal to vacate his office. He also claimed that for the three months he reported for duty, he was not provided with work equipment. Samuel said his refusal to vacate the office not only cost him his September salary, but he was also threatened with an arrest and accused of trespassing. Read the full original of the report in the above regard by Cebelihle Bhengu at News24
KZN education official on suspension since March 2021 still received bonus of almost R117,000 The Witness reports that in July the KwaZulu-Natal (KZN) Education Department paid a bonus of R116,922 to an official on suspension since March 2021. A confidential document containing information about the case, as well as another case of an official who was suspended in 2020 but against whom disciplinary processes were only instituted last year, was presented to the department’s portfolio committee recently. Committee chairperson Sifiso Sonjica said the revelations were disturbing. Provincial Education spokesperson Muzi Mahlambi explained that the suspension was with full pay, which included service bonus and salary adjustments. “If officials are suspended with pay, they still get their benefits,” he indicated. The IFPs Mntomuhle Khawula said both matters were highly irregular and questioned why the department would suspend a person if there was not sufficient evidence to charge and discipline that person. He said: “As for the bonus, our understanding is that you get one based on the performance in your work. How has this official performed because she has been under suspension for over a year? This is very irregular and as the IFP we are looking forward to a detailed explanation on both cases” The DA’s Imran Keeka said it was beyond comprehension that the Education Department would pay a bonus to a suspended staff member who was not at work. Read the full original of the report in the above regard by Chris Ndaliso at The Witness Senior Durban Metro cop suspended for 10 days for saying women pay bribes, engage in sexual acts to advance careers IOL reports that an eThekwini Metro Police official has been punished with a 10-day suspension after he reportedly implied that female staff either paid bribes or engaged in sexual favours to advance their careers. In February 2020, Senior Superintendent Aubrey Phumelele Mthethwa sent an email to senior staffers questioning the criteria used to award responsibility allowances. In the email, sent to more than 50 council employees, he wrote: "We have many deserving and qualifying individuals who have been sidelined for years yet others have had an opportunity to assume these responsibilities with respective allowances more than once. If such a decision is left with one individual, it may lead to abuse and can only give credence to the theory that members pay money or give sexual favours to get these responsibility allowances." The matter was reported to the SA Municipal Workers’ Union (Samwu), which described Mthethwa's comments as harmful, and later to the Commission for Gender Equality. Samwu’s Sithonga Mlunda observed: "Some of the complainants are married and if this gets to their spouses, possibility of the comments made by (Mthethwa) may endanger their lives, including people acting on responsibility allowances, or those appointed as the recipients of the responsibility allowance.," Read the full original of the report in the above regard by Se-Anne Rall at IOL
SAPS must pay R50,000 to victim of sexual harassment because of unreasonably long time to investigate complaint GroundUp reports that the SA Police Service (SAPS) has been ordered to pay compensation of R50,000 to a captain for failing to take proper action against a colleague who sexually harassed her. Judge Zolashe Lallie in the Eastern Cape Labour Court has ruled that SAPS committed “unfair discrimination” against Captain “B”, in breach of the Employment Equity Act (EEA), because management took too long to investigate her complaint and then used the delay as an excuse for not instituting disciplinary action against her harasser. The employer, the judge said, on receiving complaints of sexual harassment, must take steps to eliminate the reprehensible conduct. Failure to do so made the employer liable for the sexual harassment and for compensation. The police officer, who was represented by her trade union Solidarity, had complained that her supervisor, a higher-ranking lieutenant colonel, had made “unwelcome sexual advances” to her during 2013 and 2014. She reported this informally and then lodged a formal grievance in June 2015. While the investigation was ongoing, she was told to report to another commander. It was only in September 2017 that the lieutenant colonel was transferred to another station, with a recommendation that further investigation be made with a view to instituting disciplinary action against him. In 2018, a further report on the matter noted that there was a “prima facie” case of misconduct, but due to the “lapse of time and extreme vagueness of the evidence it would be a challenge to formulate charges”. The woman was then officially informed that the lieutenant colonel would not be prosecuted. He was transferred back to the station and she was told she would be moved elsewhere. She objected to this and lodged a dispute. The SAPS argued in court that the captain had failed to alert management of this “immediately”, as required by the Act. Judge Lallie said the word “immediate” had to be given a sensible meaning. Read the full original of the report in the above regard by Tania Broughton and read the judgment at GroundUp
Numsa’s 3Sixty Life to appeal curatorship ruling, at GroundUp Samwu welcomes changes in City of Johannesburg leadership: Service delivery must improve, at EWN Auditor-General highlights Sapo mess as it faces collapse, at BusinessLive (subscriber access only) Public Service Commercial Union (PSCU) takes aim at Gill Marcus for Steinhoff link, at Sunday Independent Public Service Commercial Union welcomes court ruling to compel Gordhan to provide confidential documents on SAA sale, at IOL
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