In our Tuesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Despite labour minister’s intervention over Transnet strike, CCMA talks to resolve deadlock fail BL Premium reports that the strike by thousands of rail, pipeline and ports workers at Transnet is set to enter its sixth day on Tuesday after mediated talks to end the stalemate over higher wages failed to resolve a deadlock. “We regret that despite the efforts of the CCMA, the parties were unable to reach each other,” said Department of Employment and Labour Minister Thulas Nxesi, who intervened in the talks between union leaders and Transnet facilitated by the Commission for Conciliation, Mediation and Arbitration (CCMA). In an attempt to break the deadlock, Nxesi invoked a labour law provision that empowers him to direct the director of the CCMA to establish an advisory arbitration panel, in the public interest, to facilitate the resolution of the dispute. The industrial action, which has forced Transnet to invoke force majeure and reflects wider worker frustration over the cost of living crisis, has started to operationally hit the state-owned company’s biggest clients and some of the country’s biggest corporate taxpayers. The industrial action by the SA Transport and Allied Workers’ Union and the United National Transport Union, which account for the majority of Transnet’s 55,000-strong workforce, rippled through the stock market on Monday. But Transnet said on Monday that contingency plans were in place to soften the impact on businesses. The two striking unions are demanding an increase of between 12% and 13.5%, while the employer is offering an increase of between 3% and 4%. Read the full original of the report in the above regard by Nico Gous, Andries Mahlangu & Thando Maeko at BusinessLive (subscriber access only) As Transnet wage strike hits ports, business warns that SA risks economic 'collapse' Fin24 reports that while Transnet has maintained that its terminals at ports have not come to a standstill, logistics businesses have warned of a catastrophic economic fallout if operations at the state-owned logistics company’s ports in Durban and Cape Town face prolonged suspension. As the wage strike by labour at Transnet got into full swing on Monday morning, the industrial action set off jitters that bottlenecks would occur at the ports, costing businesses and the economy billions. The United National Transport Union (UNTU) kicked off its strike last Thursday and the SA Transport and Allied Workers’ Union (Satawu) followed suit by downing tools on Monday. Transnet spokesperson Ayanda Shezi said on Monday that while there were labour challenges, the ports were made up of multiple terminals with various owners. "There are terminals that are owned by Transnet, and terminals that are owned by private sector operators. The current strike is between Transnet and its unions. This does not include private sector-run terminals. All private sector operated terminals in all the ports are operating at 100%... Even the Transnet-run terminals have been handling cargo although at a reduced tempo. So it's incorrect to say the ports have come to a standstill," claimed Shezi. However, Business Leadership SA (BLSA) CEO Busisiwe Mavuso noted that the mining sector had already lost an estimated R50 billion so far this year due to Transnet's deteriorating performance, "The Transnet strike is going to cost the economy billions. It is going to set back our efforts to drive a recovery. It will damage government revenue, robbing it of the resources needed to provide poverty relief," said Mavuso. Road Freight Association CEO Gavin Kelly said that as far as he was aware "there was no movement of trade" at the ports. Read the full original of the report in the above regard by Khulekani Magubane at Fin24. Read too, ‘The Transnet strike is going to cost the economy billions’, at Moneyweb. And also, BLSA, Seifsa, SAAFF warn of Transnet strike's impact on the struggling economy, at Mining Weekly Other internet posting(s) in this news category
Fikile Mbalula chastised by judge in Intercape taxi violence and intimidation ruling Moneyweb reports that a high court judge has found that long distance bus operator Intercape has been subjected to ongoing acts of violence and intimidation by taxi associations since 2015 – and the “sum total” of Transport Minister Fikile Mbalula’s intervention was “to attend a single meeting”. Judge John Smith noted that a task team had been formed at that meeting in the Eastern Cape on 11 October 2019 and had to report back to Mbalula. However, the intervention failed to yield a resolution and nothing of consequence had transpired subsequently. Smith said Mbalula had also “unfortunately decided to remain silent in the face of allegations that he has haughtily dismissed Intercape’s desperate pleas for intervention in the crisis by adopting the attitude that it is an Eastern Cape problem”. He said the evidence also clearly established that former Eastern Cape transport MEC Weziwe Tikana-Gxothiwe “has failed to intervene in the current crisis in any meaningful way”. This was contained in the reasons, published on Friday, for Smith’s order in the High Court in Makhanda on 30 September 2022. The order, among other things, declared the Eastern Cape transport MEC and Mbalula obligated to take positive steps to ensure that reasonable and effective measures were put in place to provide for the safety and security of long-distance bus drivers and passengers in the Eastern Cape. The order also required them to implement practical measures, including the formulation of an action plan with the SA Police Service (SAPS), which must be delivered within 20 days or by 28 October 2022, on steps they intended to take. Read the full original of the detailed report in the above regard by Roy Cokayne at Moneyweb. Read too, Court orders government to draft action plan to stop Intercape attacks, at Engineering News Other internet posting(s) in this news category
New high court needed in Klerksdorp to deal with gangs and zama zama activity, JSC hears Sunday Times Daily reports that North West judge president Ronald Hendricks has proposed a new high court, comprising a local division with additional judges, in Klerksdorp to deal with the additional workload in the area. This emerged at the Judicial Service Commission (JSC) on Monday in an answer to a question about the area being “infested with gangsterism and, lately, zama zamas”. The proposal was revealed by Judge Tebogo Djaje in her interview for deputy judge president of the North West High Court. The only candidate for the position, she got the nod after a fairly smooth interview. Djaje was asked by MP Thamsanqa Dodovu whether she thought the area of Klerksdorp and Potchefstroom required its own full-time court given the amount of crime in the area. “I agree with you. Klerksdorp is a very busy place as far as criminal and civil cases are concerned,” Djaje replied. She said the judge president had completed a report on the rationalisation of the courts in the province and had proposed a local division there. In the meantime, there was a circuit court in the area. Djaje was nominated by all her colleagues in the North West division, who gave her what Deputy Chief Justice Mandisa Maya called a “glowing reference”. Read the full original of the report in the above regard by Franny Rabkin at Sunday Times Daily (subscriber access only) Twenty arrested in North West mine, 15 AK-47s seized as Hawks clamp down on illegal miners News24 reports that twenty people have been arrested by North West authorities for illegal mining, with charges ranging from violation of immigration laws and conspiracy to commit robbery and possession of unlicenced firearms and ammunition. Several law enforcement agencies, including the National Intervention Unit and Special Task Force, arrested the group during a raid at an illegal mine in Stilfontein on Monday morning. This came weeks after investigations into alleged illegal mining activities in the area. Colonel Katlego Mogale said authorities seized 15 AK-47s, six hunting rifles, two shotguns, an R5, boxes full of ammunition and explosives, and an undisclosed amount of money. The suspects are expected to appear in the Stilfontein Magistrate's Court on Wednesday. Mogale added that investigations were continuing, and there was a possibility of more arrests and seizures. Police Minister Bheki Cele is expected to visit the area on Tuesday morning. Read the full original of the report in the above regard by Cebelihle Bhengu at News24 Call in army to deal with ‘armed to the teeth’ zama zamas, portfolio committee chair proposes SowetanLive reports that the chairperson of the portfolio committee on mineral resources, Sahlulele Luzipo, says the government should consider deploying the army in areas that have been severely affected by illegal mining in order to stop the crime. “What is becoming a concession is that police on their own [are not enough] with the high calibre rifles that illegal miners are carrying and high explosive material. One of the things that may require an urgent [move] is the use of the army because we are informed that some of these individuals are former army officers from their country of origin. That is one of the urgent things that need to be done,” he indicated. The committee, together with that of home affairs, visited areas affected by illegal mining in Johannesburg, Benoni and Alberton, on the East Rand, and Barberton and Emalahleni in Mpumalanga at the weekend. They spoke to police, community members and the mining community about the problems caused by zama zamas. Luzipo reported on complaints by mining companies that the zama zamas were now encroaching on active shafts, causing serious problems for operations. He said it was high time that departments involved in the fight against illegal mining received conditional grants from National Treasury for use to fight illegal mining. The focus on illegal mining has been heightened after the rape of eight women by zama zamas in Krugersdorp in July. Since the incident, police have been conducting raids in different parts of the province, arresting many of the illegal miners. Read the full original of the report in the above regard by Penwell Dlamini at SowetanLive Other labour / community posting(s) relating to mining
Other general posting(s) relating to mining
Cosatu wants ‘vulgar and tone deaf’ free water and electricity perks for cabinet ministers scrapped EWN reports that Cosatu has demanded the scrapping of what it calls “vulgar and tone deaf” perks for Cabinet ministers. The trade union federation said it was insensitive that well-paid Cabinet ministers did not have to pay for water and electricity at their official residences. This followed President Cyril Ramaphosa quietly signing off on the special provision in April. In a statement, Cosatu spokesperson Sizwe Pamla said it was “shameful and scandalous” that taxpayers paid for water and electricity used by Cabinet members considering that millions of poor South Africans were struggling with the escalating cost of living. He said that it was extremely insensitive for the administration to “cushion” the members of the executive while imposing extreme sacrifices on workers and the unemployed. Meanwhile, the Democratic Alliance (DA) said that it would be putting pressure on President Ramaphosa to scrap the free water and electricity provision for ministers. It also wants the ministerial handbook, which governs other perks for ministers, to be done away with. Read the original of the report in the above regard by Babalo Ndenze at EWN
Mangaung prison staff angry over ‘crass’ strip searches, with blacks and coloureds allegedly ‘targeted’ SowetanLive reports that workers at the Mangaung Correctional Centre (MCC) in Bloemfontein are allegedly compelled to strip naked in front of their colleagues, including those of the opposite gender, as part of a search procedure to prevent contraband smuggling. Workers at the maximum security facility, which is run by G4S SA on behalf of the Department of Correctional Services (DCS), detailed the humiliation they had to endure over the past two weeks and claimed that black and coloured prison wardens were targeted. There are about 78 black and coloured guards at the facility. One of the workers claimed: “All of us as black people we queue outside as the search takes long. They put you into this room where you are forced to undress in front of your colleagues. You are then asked to squat for them to ensure that nothing is hidden in your private parts. They then take your stuff and put it in a scanner. They also open our lunch boxes and use a plastic glove to put their hand inside our food as part of the search. It is the most humiliating thing that a human being can experience.” Another worker said: “We’ve complained to management about the search but they insisted that it is a requirement for the kind of work we are doing.” G4S SA confirmed that it conducted searches and said it operated “in compliance with the law and department of correctional services protocols, which prescribe that all people entering a correctional centre are subject to searching.” The company added: “We treat our employees with dignity and respect.” Read the full original of the report in the above regard by Penwell Dlamini at SowetanLive SAHRC to probe claims of naked strip searches at Mangaung prison SowetanLive reports that the SA Human Rights Commission (SAHRC) says it will investigate allegations that prison guards at the Mangaung Correctional Centre are compelled to strip naked as part of security searches. The commission said such conduct should be taken seriously. "These are serious allegations and the commission is taking them seriously. Commissioner Chris Nissen, responsible for policing and human rights, will soon meet with the management of the prison and other stakeholders to ascertain more details regarding allegations as reported in the media. Those with more information should report same to the commission," said spokesperson Wisani Baloyi. The Police and Prisons Civil Rights Union said it was not aware of the matter. “Our provincial structure is consistently in touch with members, including in this very centre. They are not aware of such information as it has never been raised with them. They will, however, interrogate it,” said union spokesperson Richard Mamabolo. Read the original of the short report in the above regard by Penwell Dlamini at SowetanLive Other internet posting(s) in this news category
Qualifications of more than 2,300 senior officials to be checked by PSC BusinessLive reports that the Public Service Commission (PSC) indicated ion Monday that it was going to investigate more than 2,000 senior government officials to verify their qualifications. DA MP Mimmy Gondwe had asked the PSC to investigate the managers concerned and the circumstances surrounding their employment in the public service. In a letter to Gondwe dated 6 October, PSC chair Somadoda Fikeni said the PSC had started the investigation and that on 15 September it had written to acting public service & administration minister Thulas Nxesi’s office for particulars “pertaining to the allegation of the 2,349 public servants that do not have the qualifications for the positions they hold”. The PSC is awaiting a reply. Nxesi revealed in May that 2,412 of 9,309 senior managers in the public service did not have the qualifications reflected on the personnel and salaries management system (Persal). At the time, Nxesi said his department was monitoring Persal data updates and reminding accounting officers of the importance of maintaining that information. He pointed out that senior management staff members with proper qualifications might not have them reflected on the system. In another question in August, Gondwe asked how many of the 2,412 senior managers had been appointed before the Public Service regulations of 2016 came into effect. The regulations introduced new qualification requirements for senior managers. Nxesi replied that according to Persal information, 1,819 senior managers who did not meet the required qualifications were appointed before the implementation of the regulations. Read the full original of the report in the above regard by Andisiwe Makinana at BusinessLive
Suspended Pretoria chief magistrate Desmond Nair in the dock on corruption charge linked to Bosasa News24 reports that suspended Pretoria chief magistrate Desmond Nair appeared in the Pretoria Specialised Commercial Crimes Court on Monday on a charge of corruption for allegedly accepting a bribe from services company African Global Operations, formerly known as Bosasa. Nair's lawyer, advocate Danie Dörfling, told the court that they would be making representations to the National Prosecuting Authority as to why Nair should not be prosecuted. He placed it on record that the representations would be submitted to the National Director of Public Prosecutions (NDPP) by 16 November. Dörfling said the NDPP was expected to make a decision and communicate its decision on the matter by 2 December. The case was consequently postponed to 7 December. Nair has been charged with corruption after allegedly accepting the installation by Bosasa of security systems valued at R200,000 at his Pretoria home, including a full electric fence, CCTV and alarm systems. The chief magistrate was implicated by former Bosasa employee Richard le Roux in testimony at the State Capture Inquiry. News24 previously reported that Nair confirmed security cameras were installed at his private residence, but said this was "pursuant to a private agreement". Read the full original of the report in the above regard by Alex Mitchley at News24. Read too, Pretoria chief magistrate Desmond Nair appears in court for alleged corruption, at BusinessLive. En ook, Hooflanddros in hof oor korrupsie, by Maroela Media Mbombela municipality employee, accomplices handed 10-year sentences for meter tampering extortion News24 reports that a Mbombela municipality employee and his two accomplices have been sentenced to 10 years in prison each after being found guilty of corruption and extortion. They were convicted and sentenced in the Nelspruit Regional Court on Friday. Dino Siboza worked for the municipality, while his accomplices – Ernest Mamba and Nkate Ngcobo – worked for a company contracted by the municipality to undertake electricity meter readings. According to the National Prosecuting Authority (NPA), the men went to the complainant's house in December 2018 to inspect a meter box and found that it had been tampered with. NPA spokesperson Monica Nyuswa reported: “On the first occasion, they instructed the complainant to pay them a sum of R2,000 to avoid being reported to the municipality. It appeared that the first amount was not enough, as they then demanded two other payments [of] R3,000 [and] R15,000, but the complainant paid only R3,000. When the complainant realised there was no end to the demand for money by the accused, he then went to the police to report the incident." The police then set up a successful undercover operation to catch the perpetrators. The accused were subsequently convicted on charges of corruption and extortion. Read the full original of the report in the above regard by Alex Mitchley at News24
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