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 Tuesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
|
Mpumalanga driving school owners protest against ‘greedy’ traffic officials increasing bribery fees from R1,700 to R2,000 Pretoria News reports that Mpumalanga driving school owners have openly demonstrated against “greedy” traffic officials, who had planned to increase bribery fees from R1,700 to R2,000 per student in need of a driving licence. The protest at the Mbombela Local Municipality offices on Friday saw the school owners preventing workers from entering the premises. Community members were shocked that the protest was not against the bribes traffic officers demanded to produce favourable results for driving school students, but against the increment of the bribery fees. Mpumalanga Community Safety, Security and Liaison MEC, Vusi Shongwe, expressed concern and said: “We have noted recent allegations by some driving school owners. We strongly condemn corruption in the licensing environment. We encourage communities, including driving school owners to report malfeasance.” In the past two months, eight Mbombela traffic officials were arrested and charged with fraud, corruption and money laundering relating to R60 million. They are all out on R15,000 bail . One driving school owner in Mkhuhlu shared details of the corruption at testing stations and indicated: “Our clients are desperate for driving licences. Most want a licence as part of a condition to finding employment, so officials take advantage of that.” Asked why driving schools did not provide clients with sufficient lessons to ensure they passed the exam without paying a bribe, he said it was impossible. “There’ll always be a slight mistake, so you have to bribe them if you want your client to pass,” he lamented. Read the full original of the report in the above regard at Pretoria News
Public sector unions mull full-blown strike, but festive season and tough finances loom large Fin24 reports that public sector unions spent Monday gauging the appetite for a full-blown strike among their members, with the Cosatu-bloc of unions set to announce their plans on Wednesday. However, analysts say the government is counting on unions' strike ambitions being undermined by financial household pressures, a possible low strike appetite, and the working year winding down for the festive season. Meanwhile, their salaries will increase next week, as government begins to pay its unilaterally implemented 3% wage increase for the public service. Acting Public Service and Administration Minister Thulas Nxesi invoked section 5 of the Public Service Act, which allows the minister to implement an increase. So far only the SA Democratic Teachers’ Union has accepted the 3% wage offer. While the Public Servants Association (PSA), which has been granted a strike certificate, has placed the government on strike notice, it has not officially started its industrial action. However, the 235,000-strong union is currently picking government offices. The PSA’s Claude Naicker indicated that the union was continuing with pickets as well as a planned march on Thursday. Four other unions, namely Nehawu, Denosa, Popcru and Hospersa, have also received certificates of non-resolution in the deadlocked public service wage talks. Popcru said it was in the process of canvassing membership for a mandate on whether to strike and that union leadership should know the results of that process by the end of this week. Denosa will provide an update about its stance at Wednesday's briefing. Hospersa said senior management was holding meetings to discuss whether they should join the briefing on Wednesday. Read the full original of the report in the above regard by Khulekani Magubane at Fin24 You’ll not enter or leave SA from Thursday, warns PSA as it threatens to disrupt airports, matric exams IOL reports that the Public Servants Association (PSA) has threatened that its industrial action scheduled to begin on Thursday will cripple the ongoing matric examinations, ports of entry and courts across SA. “We have visitors, people that are outside the country that would want to use (airports) to come or leave the country – those are the crucial services that would not be available if you go to the ports of entry. This includes airports,” PSA spokesperson Reuben Maleka told broadcaster Newzroom Afrika. He went on to say: “If you arrive at OR Tambo International Airport on Thursday, you will not find anybody to process that kind of services. If you go to the Department of Justice, if there is a court roll that needs to be done, you will not find anybody. Those are some of the key departments I just want to mention.” Maleka also said there was “a possibility” of disrupting the education sector. Thousands of pupils started writing their matric examinations across SA last week. “As much as we would not want to disrupt the exams, this is not to blame on trade unions. This is to blame on the government. For some time, they have dragged their feet. We cannot be blackmailed as trade unions, that we cannot disrupt exams,” he explained. Maleka said the impact of the strike would be felt largely at the Department of Home Affairs. Last month, the PSA rejected the government’s offer to public servants of a 3% salary adjustment and continuation of a cash gratuity 31 until March. The PSA filed a notice to strike on 24 October, and speculation is that its members could go on strike at any time. Read the full original of the report in the above regard by Jonisayi Maromo at IOL. Read too, Public sector union promises to intensify lunchtime pickets, at EWN Major teacher unions won't take part in public sector strike, says basic education department EWN reports that according to the Basic Education Department, the country's five major teacher unions will not be participating in this week's public service sector strike and the matric exams will continue as normal. The national strike by the Public Servants Association (PSA) will be the first such strike in a decade. The DBE’s Elijah Mhlanga said that teacher unions were focused on the exams. "The fear that we have is that if there's disruptions to public services such as public transport, that's where the problem will occur because we rely on the stability of movement to be able to get our question papers from place to place. That's what could possibly stop learners from going to school and stop teachers from going to work as well," he indicated. Read the original of the short report in the above regard by Lauren Isaacs at EWN
Parliament looking to fill long-vacant security chief and CFO posts TimesLive reports that Parliament is looking for a new head of security and CFO and is hoping to fill the two positions that have been vacant for years. The legislature advertised the two positions on Sunday alongside that of a sergeant-at-arms, which has been vacant since December 2019 when Regina Mohlomi retired. Parliament has been without a permanent head of security since July 2015 when Zelda Holtzman was put on suspension. She was later dismissed in October 2017 after being found guilty of insubordination. Holtzman fought her dismissal before the CCMA and a settlement was reached. After her departure, the security division was downgraded into a unit under Institutional Support Services, alongside household and catering and without an independent head. Opposition MPs have blamed the head of security vacancy and the resulting lack of accountability for some of the security lapses over the years, including the breach that led to the devastating fire in January. For R2.1m a year, the new chief of security will be responsible for leadership and management of the security management division of parliament, assisting the secretary to parliament to manage the overall security strategy. Parliament’s last permanent CFO Manenzhe Manenzhe left in 2018. Read the full original of the report in the above regard by Andisiwe Makinana at TimesLive Gauteng MEC withdraws advert for 6,000 crime-prevention wardens after accusations of party patronage Pretoria News reports that Gauteng MEC for Community Safety, Faith Mazibuko, has caved in to public pressure by abruptly withdrawing an advert for 6,000 crime-prevention wardens less than 24 hours after it was published. This followed an outcry that her department was trying to push for political party patronage by making it a requirement that applicants had to obtain a motivational letter from their ward councillors. The advert was put out last Tuesday, with the deadline for applications set for 16 November. However, on Thursday, Mazibuko made a U-turn when she announced: “The advert for the crime prevention wardens has been temporarily withdrawn. It will be readvertised in due course.” There was mixed reaction to the withdrawal on social media. One user said the decision to get a motivational letter from councillors as one of the requirements sidelined “other community members who are not card-carrying members of the ruling party”. The move also drew criticism from the DA in Gauteng. DA MPL Crezane Bosch, a former Tshwane councillor, said the involvement of politicians in the recruitment process pointed to “an attempt to create political patronage networks”. She agreed that there was a dire need for more human resources to assist with crime prevention, but said the advertised positions “should be allocated on a fit-for-purpose and merit basis; not according to political party lines”. On Friday, Premier Panyaza Lesufi said the recruitment process of the 6,000 young people would start this week and “not next year”. Read the full original of the report in the above regard by Rapula Moatshe at Pretoria News
Home Affairs given 30 days to process permanent residence permits for 182 immigrants with R15bn to invest Moneyweb reports that the Department of Home Affairs (DHA) and its minister, Aaron Motsoaledi, were given 30 days by the Pretoria High Court on Monday to process permanent residence applications for 182 would-be immigrants, some of whom have been waiting seven years for permanent residence. Papers before the court indicate that the delays are holding up inward investment of at least R15 billion. The applicants asked the court to compel the DHA and Motsoaledi to either grant or refuse them permanent residence status, arguing the delays in processing the permits were irrational, unlawful and unconstitutional. The other respondents cited in the case were President Cyril Ramaphosa and VFS Global SA, which processes permanent residence permits on behalf of Home Affairs. The immigrants comprised Swiss, German, British and US investors “who have been denied administrative justice in their permanent residence applications, which has prevented them from completing investments estimated to be over R15 billion,” said their lawyer Advocate Simba Chitando. Virtually all of the applicants were wealthy individuals and their families who planned to set up businesses in SA, purchase properties and create thousands of jobs, Chitando indicated. The applicants argued in their court papers that they met the requirements for permanent residence, hence there was no valid or lawful reason for the delays. Though the applicants asked the court for a 10-day turnaround in either accepting or rejecting their applications, the court granted DHA 30 days. Read the full original of the report in the above regard by Ciaran Ryan at Moneyweb
Mhlathuze Water board parts ways with CEO and CFO, almost a year after they were suspended IOL reports that the Richards Bay-headquartered Mhlathuze Water board has parted ways with its suspended CEO, Mthokozisi Pius Duze and its suspended chief financial officer, Babongile Mnyandu. According to a notice to staff sent out on Monday, their services ended on 31 October and 13 September, respectively. It is not yet clear whether their resignations, which come almost after a year after they were put on ice, were mutual or they were forced out as a result of their ongoing corruption trial that started in August. They are accused of approving dubious legal services tenders for Durban law firm Mhlanga, which is owned by lawyer Sithembelo Ralph Mhlanga. In its court papers before the Specialised Commercial Crimes Court in Durban, the State alleges that the law firm paid the two kickbacks and they were pampered with gifts. “The two had been on precautionary suspension since December 2021. The status of the other officials who were also put on precautionary suspension pending disciplinary action has not changed,” reads the notice. Mhlathuze Water, which provides bulk water to big industries in Richards Bay, to the City of uMhlathuze (Empangeni-Richards Bay) and to other parts of northern KwaZulu-Natal, said the departures would not hamper its services. Read the full original of the report in the above regard by Sihle Mavuso at IOL
Court gives greater certainty around termination rights when working beyond retirement age Moneyweb writes that where employees continue working beyond retirement age, they are in effect working on ‘borrowed time’. The Labour Appeal Court (LAC) recently gave clarity on the circumstances in which an employer can terminate the employment of someone who has reached the agreed or normal retirement age. Lawyer Chloë Loubser of Bowmans points out that retirement age is generally agreed upon in the worker’s contract, the company’s policy document or the retirement fund rules. In the case before the court, the agreed upon retirement age was 60. The employee, a Mr Landman, remained in the employ of the company for 10 months after he reached the agreed retirement age. He was eventually notified that he had to retire and was given one month’s notice. He took the matter to the Labour Court, claiming he had been unfairly dismissed. In terms of the Labour Relations Act, a dismissal based on age is automatically unfair, unless it can be shown that the employee has reached the normal or agreed retirement age. The court found that a dismissal based on age is not automatically unfair in circumstances where the employee “has reached” the normal or agreed retirement age. In this case the employee had reached the agreed retirement age of 60, therefore his dismissal was fair. The matter was taken on appeal before the LAC, where Landman argued that where an employee continued working after reaching the agreed retirement age and neither party relied on the fact that the retirement age had been reached, a new (second) employment contract came into existence. The LAC disagreed with this argument and held that the act was clear and unambiguous – a dismissal is fair when the employee has reached the agreed or normal retirement age. Read the full original of the report in the above regard by Amanda Visser at Moneyweb
City of Joburg whistleblower who flagged R8.2bn in dodgy public safety contracts facing disciplinary hearing News24 reports that the City of Johannesburg (COJ) has instituted a disciplinary process against a whistleblower who raised red flags on dodgy contracts worth R8.2 billion in the Department of Public Safety. Sarika Lakraj-Naidoo, director of finance and supply chain management in public safety, submitted numerous protected disclosures on fruitless, wasteful and irregular expenditure regarding 12 matters within the department. The COJ suspended Lakraj-Naidoo in June 2020. Her disciplinary matter kicked off on Monday, but was postponed to December. According to a charge sheet dated 12 October 2022, the city has accused Lakraj-Naidoo of "gross misconduct" for spreading unfounded allegations of corruption against her subordinate by alleging the employee received an R800,000 bribe from a service provider. The City has further accused her of "conduct unbecoming of a senior manager" that created "disharmony in the workplace". The SA Municipal Workers' Union (Samwu), which is representing Lakraj-Naidoo in the matter, has described the charges as "vexatious". Since reporting illicit transactions and graft within the department to the authorities, Lakraj-Naidoo has had threats on her life and she has apparently been subjected to intimidation, threatening phone calls, being followed and having vehicles parked outside her residence that have taken pictures of her at her home. Read the full original of the report in the above regard by Azarrah Karrim at News24 (subscriber access only)
Report finds KZN municipality mayor, deputy mayor unfit to hold office on basis of abuse of public funds News24 reports that a report into the abuse of public funds by the mayor and deputy mayor of AbaQulusi Municipality in northern KwaZulu-Natal has found that the pair are unfit to hold public office, and has recommended that serious action be taken against them. The report, signed off by the special ethics committee chairperson Swelakhe Shelembe in June, speaks to purposeful financial misconduct by Mayor Mncedisi Maphisa and his deputy, Mandla Mazibuko. The committee recommended that a full council should conduct a forensic investigation to establish the role of municipal employees in assisting the unethical financial conduct. In its investigation, the committee discovered that AbaQulusi spent substantial amounts on fuel for the pair’s rented cars, including a Toyota Prado for Maphisa and a Toyota Fortuner for Mazibuko. The rental and fuel cost for both SUVs between 3 December 2021 and 31 March 2022 was R469 041, which meant they spent about R100,000 a month. The ethics committee report called for an investigation with a specific focus on trip records for both top officials, saying the usage of the cars was without council approval. There is also evidence of expenditure for VIP security for Mazibuko that was not approved by the council. The ethics committee called on the council to take steps to recover R103,500 for the security that was not required. Read the full original of the report in the above regard by Kaveel Singh at News24 National police commissioner shrugs off claims of undeclared gift of Louis Vuitton bag SowetanLive reports that national police commissioner Fannie Masemola has pleaded ignorance regarding reported allegations that he received a luxury bag from a supplier to the SA Police Service and did not declare the gift. Masemola, who was appointed national police chief in April, on Sunday said: “I am not aware of the investigations (into the allegations).” Over the weekend, Sunday World reported that the NPA’s Investigating Directorate was probing Masemola for allegedly receiving a Louis Vuitton bag from a service provider while on an international trip. According to the publication, Masemola and KwaZulu-Natal provincial commissioner Nhlanhla Mkhwanazi are accused of failing to declare the luxury bags that they allegedly received. The two allegedly received the bags when they attended an exhibition with Inbanathan Kistiah, owner of Brainwave, which received a tender for 200 hi-tech vests for ballistic testing in 2016. The vests were apparently bought for R33,402 each, while locally they cost between R6,000 and R8,000. In September, Kistiah was arrested with former acting national commissioner Kgomotso Phahlane in connection with a R54m tender that was awarded to his company. The allegations against Masemola are understood to be part of an ongoing feud in the police’s top management. Institute for Security Studies researcher Gareth Newham said infighting among the police’s top brass continued to hamper the fight against crime. Read the full original of the report in the above regard by Fikile-Ntsikelelo Moya & Penwell Dlamini at SowetanLive Other internet posting(s) in this news category
|
Get other news reports at the SA Labour News home page