In our Tuesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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PSA officially serves government with strike notice over disputed wage increases Fin24 reports that the Public Servants Association (PSA) is officially on the path to its first strike in the public service in over a decade after serving the government with a seven-day notice of strike on Monday. The PSA announced that it filed the notice to strike on Monday morning "after exhausting all options possible to resolve the wage negotiation impasse". This came after Department of Public Service and Administration (DPSA) acting Minister Thulas Nxesi indicated that he would invoke section 5(5) of the Public Service Act to unilaterally advance a 3% wage increase. The 253,000-strong union said its members had mandated rejection of the government's "ridiculous and problematic" wage proposal, leaving the PSA with no choice but to embark on industrial action. "The PSA could not agree to a salary decrease for workers in view of uncertainty regarding the continuation of the cash gratuity beyond 31 March 2023. Even the offered 3% salary adjustment did not meet the expectation of the union’s members, owing to steep price increases for basic necessities such as petrol, food, electricity as well as interest rates increases," a PSA statement indicated. Meanwhile on Friday, DPSA director-general Yoliswa Makhasi wrote to the director of the CCMA, Cameron Mogajane, asking that it urgently intervene to break the deadlock at the public service wage talks. Public Service Co-ordinating Bargaining Council (PSCBC) spokesperson Oomang Parag advised that, as matters stood, intervention by the CCMA could only be by agreement between the parties. "We are currently facilitating responses from the trade unions on their willingness to participate," said Parag, who confirmed that the PSCBC had received the PSA strike notice. Read the full original of the report in the above regard by Khulekani Magubane at Fin24 Cosatu affiliates revert to initial demand of 10% pay hike in public sector wage negotiations BL Premium reports that Cosatu’s largest unions on Monday reverted to their initial wage demand of 10%, with government considering unilaterally implementing its final 3% offer ahead of the medium-term budget policy statement (MTBPS). Meantime, Yoliswa Makhasi, Department of Public Service & Administration (DPSA), director-general, has written to CCMA director Cameron Morajane requesting his intervention to break the wage deadlock at the Public Service Co-ordinating Bargaining Council (PSCBC). A DPSA spokesperson indicated: “They [CCMA] have acknowledged receiving it. We are awaiting response from the CCMA to advise on the process.” Unions initially demanded a 10% increase when negotiations began in May, but went down to 6.5%. DPSA acting minister Thulas Nxesi told the PSCBC in a letter dated 17 October that he was contemplating unilaterally implementing the 3% offer as time was running out ahead of the MTBPS. Section 5(5)(b) of the Public Service Act empowers Nxesi to unilaterally implement the final offer on condition that it does not reduce existing pay or other service benefits. Three teachers’ unions – including Cosatu affiliate Sadtu – have accepted the 3% offer. Other large Cosatu unions, including Nehawu, Popcru and Denosa have rejected the offer and have declared a dispute at the PSCBC. On Monday, Simon Hlungwani, convener of Cosatu’s joint mandating committee, noted that the 3% offer had been “withdrawn” by the employer after a majority of unions rejected it in the bargaining council. “With the offer having been withdrawn, we have now gone back to our initial demand of 10% across the board on the cost of living adjustment and invoked the PSCBC dispute resolution mechanism,” Hlungwani said. Meantime, Nehawu said it was “premature” for the DPSA to call for the CCMA’s intervention as the PSCBC conciliation process was scheduled to get under way from 31 October to 1 November. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only). Read too, Cosatu returns to 10% demand in public sector wage talks, declares dispute, as strike by PSA looms, at Fin24 Sadtu criticised by fellow Cosatu unions for having accepted 3% public sector wage offer Pretoria News reports that unions have vowed to plunge the public service into chaos following the collapse of wage negotiations and threats by Acting Minister of Public Service and Administration, Thulas Nxesi, to unilaterally implement a 3% salary increase. Meanwhile, unions affiliated with Cosatu launched a veiled attack on their sister union, the SA Democratic Teachers Union (Sadtu), for having accepted the state’s offer while leaving others to engage in protracted negotiations with the government. While there is a rejection of the offer across other unions, they differ on strategies to fight against the impasse in the negotiations. On Monday, the Public Servants Association (PSA) – an independent public sector union with more than 300,000 members – served the Public Service Co-ordinating Bargaining Council with a notice to strike on 3 November. Despite the teachers’ union signing the deal, other Cosatu unions were adamant that the 3% salary increase offer was not on the table following a deadlock on 3 October. In the attack on Sadtu, Cosatu’s Joint Mandating Committee convenor Simon Hlungwani insinuated that it did not have a mandate from its members to accept the offer. Nehawu’s December Mavuso was more blunt, saying: “It is not happening for the first time. We should not raise an alarm about it.” Sadtu – the second biggest union in Cosatu – was not part of the briefing at Cosatu House on Monday. The unions also lambasted Nxesi for allegedly trying to implement salary increases ahead of Finance Minister Enoch Godongwana delivering his Mid-Term Budget Statement in Parliament on Wednesday. Read the full original of the report in the above regard by Baldwin Ndaba at Pretoria News Other internet posting(s) in this news category
Numsa considers revised wage offer of up to 7.5% in motor sector BL Premium reports that the National Union of Metalworkers of SA (Numsa) is considering a revised offer from motor sector employers that could see workers receiving increases of up to 7.5% in a three-year deal. Numsa general secretary Irvin Jim said the union had received a revised wage offer from the Retail Motor Industry Organisation (RMI) on Friday, which it had taken to its members for a mandate. RMI has offered workers employed by vehicle component manufacturers increases of 7.5% in the first year and increases of 6% in each of the second and third years. The RMI has proposed that workers in car dealerships receive pay rises of 6.5%, 5% and 5% over three years. “We will use Monday to give feedback to members at various plants on the proposal so that the union can get a mandated position on the future of this round of wage negotiations,” Jim indicated. Numsa had been demanding a 12% increase from employers, including the RMI and the Fuel Retailers Association (FRA), which had offered increases of between 3% and 4% for forecourt attendants, cleaners and cashiers. The FRA was still offering 4%, according to Numsa spokesperson Phakamile Hlubi-Majola. The motor sector represents employees in components manufacturing companies, fuel stations, car dealerships, car cleaning companies, auto parts assembly and panel-beating workshops. The sector employs about 306,000 workers nationally, of which about 90,000 are Numsa members. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only)
Investigators claim R5m ransom demand made in Nkangala municipal manager kidnapping News24 reports that according to the private investigating company working on the case of the kidnapped municipal manager of the Nkangala District, Maggie Skhosana, the family has received a R5 million ransom demand. "They recently contacted the family for the ransom demand," Morney Vos, of Specialised Security Services, indicated on Monday afternoon. Skhosana, who is wheelchair-dependent, and her driver, Gugu Mtsweni, were abducted at the municipality's gates on Thursday. CCTV footage shows a man brandishing a rifle getting out of a car with blue lights, and into the municipal manager's car. Mpumalanga police spokesperson, Selvy Mohlala, on Friday said one of the vehicles was later found at a mine. Skhosana's wheelchair and personal belongings, including a bag, were found in the abandoned vehicle. On Monday, Vos said they were close to cracking the case and had already identified the individuals and the syndicate involved. According to Vos, the syndicate was well-known for hijackings, kidnappings and cash-in-transit heists. Mpumalanga police said they were unaware of the ransom allegations. Read the full original of the report in the above regard by Iavan Pijoos & Zandile Khumalo at News24
Nurses back at work at two Gqeberha clinics which were closed after death of Zenizole Vena GroundUp reports that the two clinics in Gqeberha that were closed in September following protests at the death of rape victim Zenizole Vena were opened last week. The NU11 clinic was closed when nurses refused to work on 21 September, after residents accused them of refusing to treat Vena and telling her first to report to the police. The Thanduxolo clinic in NU10 was closed the following week. The Democratic Nursing Organisation of SA (Denosa) said at that time that nurses at both clinics had not reported for duty because they were afraid that community members would attack them. Patients had also complained about the attitude of some health workers at the clinics. On 19 October, Denosa’s Vuyo Dlanga reported that the impasse at the clinics had been resolved after several meetings. He indicated: “The safety of workers was discussed and continuation of services was discussed. Thanduxolo clinic was fully operational on 18 October and NU11 clinic was opened the following day.” Meanwhile Vena’s family is apparently taking legal action against the department of health for her death. Zenizole’s mother, Nomathamsanqa Vena confirmed that “our lawyers are dealing with the case.” Health ombudsman Ricardo Mahlakanya said his office was also looking into the matter. Read the full original of the report in the above regard by Joseph Chirume at GroundUp
Solidarity to take Dis-Chem to court over retailer’s exclusionary employment policy TimesLive reports that trade union Solidarity is planning to take Dis-Chem to court after the pharmaceutical retailer missed a 21 October deadline for indicating whether or not it had withdrawn its controversial ban on employing and promoting white people. A letter written by Dis-Chem CEO Ivan Saltzman on19 September told managers that after a review of the company's employment equity profile and BBBEE verification, it was evident that its transformation efforts were inadequate in spite of some inroads. Saltzman advised that the company was placing a moratorium on the appointment of white people, including external appointments and internal promotions. Solidarity wrote to Dis-Chem on 18 October, putting it on terms to indicate whether or not the controversial racial policy had been withdrawn. If that was not the case, Solidarity reserved the right to litigate. Solidarity reported on Monday that Dis-Chem had ignored that deadline. “The entire South Africa wants to know whether Dis-Chem has only withdrawn the controversial memorandum or the policy as well. Instead of providing certainty, Dis-Chem refuses to disclose information,” Solidarity CEO Dirk Hermann said. The union said it would serve its first legal papers on the company this week. Read the full original of the report in the above regard by Ernest Mabuza at TimesLive. See too, Dis-Chem faces legal action over CEO's memo, at Fin24
'Startling and comical' SARS application to block reinstatement of axed employees dismissed Fin24 reports that attempts by the SA Revenue Service (SARS) to block the reinstatement of two staff members axed during the tenure of disgraced former commissioner Tom Moyane have failed again. The Johannesburg Labour Court on Friday dismissed the tax body’s application for leave to appeal its order that it must immediately reinstate Hope Mashilo and Tshebeletso Seremane, who were dismissed in 2017 when the tax agency was in the midst of a controversial restructuring. Acting Labour Court Judge Smanga Sethene ruled that SARS provided "no compelling grounds" and failed the test for leave to appeal. Part of the judgment dealt with consultancy Bain’s role in SARS's restructuring. Mashilo and Seremane were dismissed for refusing to move to vaguely defined new jobs called "domain specialists" as part of that restructuring. Sethene remarked inter alia that SARS's application was "startling and comical". In its appeal application, SARS had also criticised Sethene for relying on the findings of the Nugent and Zondo commissions of inquiry in his initial ruling. Both commissions had criticised the restructuring. Sethene found that SARS had failed to recognise that the commissions' reports "are relevant to this dispute and the interests of justice warranted that they be admitted as evidence". Mashilo indicated that her and Seremane’s lawyers would be contacting SARS about their return to work, and receiving back pay. “The only painful thing is that SARS is using taxpayers’ money to defend the indefensible”, she commented. SARS said it was currently studying the judgment. Read the full original of the report in the above regard by Ahmed Areff at Fin24
Findings of investigation reveals 'chain of corrupt activities' at licence centres, driving schools News24 reports that on Monday Special Investigating Unit (SIU) head Andy Mothibi, Transport Minister Fikile Mbalula and Road Traffic and Management Corporation (RTMC) CEO Makhosini Msibi briefed the media about findings of investigations undertaken by the SIU and RTMC at licence-issuing centres. Mothibi reported that the investigations had uncovered "a chain of corrupt activities" in various licence-issuing centres, including driving schools, officials, and willing participant citizens. According to Mbalula, the SIU had managed to identify the "drivers of the systemic and operational challenges that gave rise to corruption and malfeasance". He went on to warn: "Those corrupt crooks that are involved in this should know that we know how they infiltrate the system." Mbalula said 44 cases had been referred to the National Prosecuting Authority (NPA) for prosecution, while 128 cases had been referred to various authorities for disciplinary, executive and/or administrative action. He added that 86 arrests had so far been made for fraud and/or theft during joint operations by the RTMC, Hawks, SARS, and SIU. Mbalula said these were made up of 36 vehicle testing examiners, 10 eNatis officers, 26 DLTC officials, three police officers, four provincial Department of Transport inspectors and seven private persons. He also reported as follows: "Over the last year, we have been working with MECs and SALGA [SA Local Government Association] to implement a number of interventions that are intended to address the root causes of these systemic and operational challenges. At the core of these interventions is a seamlessly integrated value chain guided by a single standard under the leadership of the RTMC." Read the full original of the report in the above regard by Jeanette Chabalala at News24
Nineteen teachers struck off the roll, most for sexual misconduct TimesLive Premium reports that according to research conducted by the SA Council for Educators (Sace), most teachers found guilty of sexual misconduct have “double personalities”. A total of 19 educators were struck off from the roll indefinitely between April last year and March this year, most of them for sexual misconduct. Briefing parliament on their annual report for 2021/22, Sace’s CEO Ella Mokgalane said 191 of the 764 cases reported between April last year and March involved sexual misconduct, while a further 248 cases concerned corporal punishment. Mokgalane reported that their research indicated that about 7% to 11% of female teachers were abusing younger boys, but “the bulk of them are males with double personalities, who you could trust with all your heart.” The 19 struck off indefinitely included Lubeko Mgandela, the former principal of Luthuthu Junior Secondary School in the Eastern Cape, who ordered a pupil in March last year to search for a lost phone that fell into a pit latrine toilet. Mokgalane said school laboratories and halls, as well as offices occupied by principals and their deputies, were places where “sexual misconduct is being bred”. Of the 614 investigations conducted by Sace, 310 were closed because they were withdrawn or parents did not want to proceed with them, or because complainants “solved the matter with the perpetrator”. Out of the remaining 304 cases, 86 teachers were found guilty. Mokgalane said their target for finalising disciplinary hearings involving cases reported for the period had been 50% but they only achieved 24%. Read the full original of the report in the above regard by Prega Govender at TimesLive Premium (subscriber access only) Mpumalanga teacher jailed for raping pupil who was at his home for extra maths lessons News24 reports that a former Mpumalanga teacher has been sentenced to 10 years prison for raping a pupil in his care. Tshepo Innocent Chochi, 34, was conducting extra lessons for pupils struggling with maths and science, and the 18-year-old victim from Kabokweni was one of the pupils. Chochi was paid for the lessons. In March 2019, Chochi called the girl's aunt and told her to bring the pupil for the extra classes. Her aunt complied and accompanied her to Chochi’s house. National Prosecuting Authority spokesperson Monica Nyuswa indicated: "While busy studying, the electricity went off, and the victim asked the accused to accompany her home. Chochi informed the victim that they will proceed to study using a lamp. Instead of studying, the accused started touching the pupil inappropriately. He ordered her to undress and raped her. The matter was reported, and the accused was arrested." Chochi, who pleaded not guilty, was convicted of rape. A victim impact assessment showed that the incident had psychologically and permanently scarred the victim. The court found no compelling reasons to deviate from the prescribed minimum sentence of 10 years imprisonment. Read the full original of the report in the above regard by Tebogo Monama at News24 Other internet posting(s) in this news category
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