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 roundup of weekend news, see
summaries of our selection of South African
labour-related stories that appeared since
Friday, 11 November 2022.
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Few or no consequences for failure by employers to pay over employees’ fund contributions Daily Maverick writes that in a tough economic environment, unions and state-owned enterprises (SOEs) are starting to default on employee benefits such as retirement fund and medical scheme contributions. And there are apparently few to no consequences for this behaviour. Last week, Pension Funds Adjudicator Muvhango Lukhaimane issued a ruling against the SA Transport and Allied Workers’ Union (Satawu) after an employee complained that his provident fund contributions had not been paid over to the Satawu National Provident Fund. The complainant, Mr Louw, has been employed by the union since 1 February 2015. The union admitted it had only made “partial” contribution payments from October 2015 to January 2019, when the outstanding contributions to Louw’s retirement fund amounted to R88,730.82. The fund was ordered to calculate the arrear contributions due by Satawu, together with late payment interest. The union has to make payment within two weeks of receiving the calculated amount. Lukhaimane said as many as 40.55% of complaints for the 2021/22 financial year related to employers’ outright failure to pay over contributions. Employees can open a criminal case with the SA Police Service, but Lukhaimane said this did not happen often as employees feared dismissal. She said retirement funds and their trustees were never held responsible for outstanding contributions, although the Pension Funds Act placed a duty on them to ensure recovery from employers. Funds, trustees and administrators are guilty of negligence if they do not inform members of the employer’s noncompliance. Members usually only discover this when they try to put in a claim. Read the full original of the report in the above regard by Neesa Moodley at Daily Maverick
Government claims disruption caused by PSA’s one-day strike on Thursday was 'minimal' Fin24 reports that after a one-day strike on Thursday, the Public Servants Association (PSA) says it will continue with lunchtime pickets, while government claims the industrial action caused "minimal" disruptions to the flow of public services. The PSA went on strike after a deadlock in the public service wage talks and a government decision to unilaterally implement a 3% baseline increase in the public service, starting next week. The PSA strike was supported by members of the Health and Other Services Personnel Trade Union of SA (Hospersa), whose members demonstrated with the striking union in multiple locations around the country, including Pretoria, Durban, and Bloemfontein. The combined demonstrations had been expected to bring disruptions to services at border posts, home affairs offices, and public healthcare facilities, but the government said any disruptions as a result of the strike and protests had been minimal. Home Affairs spokesperson Bongi Gwala said while the Soshanguve Home Affairs office was closed due to intimidation, service delivery had been largely uninterrupted. The PSA’s Reuben Maleka said the union was humbled by the number of members and other unions in the public service that took to the streets on Thursday and that the strike “was a huge success”. He said the PSA would continue to picket during lunchtimes to give government a chance to respond to labour demands for an intervention that results in a better wage increase within seven days. Hospersa acknowledged that since many of its members were essential workers, many of them had been unable to join marches. National Education, Health, and Allied Workers’ Union spokesperson Lwazi Nkolisi reported that the Cosatu bloc of unions was still reporting to members on the outcomes of the conciliation and further mobilising them for the upcoming program of action. Nkolisi said the programme of action would be communicated by Cosatu public service unions together with other public service unions in due course. Read the full original of the report in the above regard by Khulekani Magubane at Fin24 (subscriber access only). Read too, Unpaid public workers vow to shut down the country, at City Press (subscriber access only)
Joburg municipal workers back at work after strike over pay discrepancies resolved on Friday News24 reports that municipal workers are back at work after the City of Johannesburg and SA Municipal Workers' Union (Samwu) reached an agreement on Friday. Workers had been on strike since Thursday, when they shut down the M1 inner city highway. On Friday, they marched to the municipal offices, where councillors were holding an extraordinary council meeting. The protest was over the Political Facilitated Agreement (PFA), instated in 2016, which was aimed at levelling employee salaries. Mayor Mpho Phalatse and other mayoral committee members met with the union and addressed protesters during a downpour. According to Samwu’s Gauteng secretary, Mpho Tladinyane, some workers had not been paid, but the City undertook to pay them by December. Tladinyane reported: “Things are fine. We have agreed to a process. A task team is going to look into [the matter] from 14 to 18 November. From there, the City endeavoured to pay workers – at least some portions of money – by the end of December.” He went on to say: "They indicated they don't have enough money [to pay now] and will wait for the adjusted budget between January and February. Once finalised, we will know how much. By March, we should be able to say all workers have been paid." In a joint statement on Friday, Phalatse and MMC for group corporate and shared services Leah Knott said the multiparty government would meet with Samwu leaders this week to "fully deliberate on the issues at hand". Read the full original of the report in the above regard by Alex Patrick at News24
‘Possible sabotage’ of Transnet coal line costing SA R1bn a day Sunday Times reports that an act of possible sabotage is costing SA R1bn a day as Transnet Freight Rail (TFR) scrambles to clear 5,500 tonnes of coal and assess railway damage after a derailment along its main coal line on Tuesday last week. TFR is investigating whether its train, which derailed near Ulundi in northern KwaZulu-Natal en route to the Richards Bay Coal Terminal for export, was a result of sabotage after it received several anonymous threats last Monday. TFR’s Bonginkosi Mabaso advised that employees had received threats via WhatsApp. “We were threatened that if we did not respond in a certain way there would be implications. A day after we received the last threat the derailment happened. We don’t want to take this lightly and assume it was a normal derailment so we are doing a thorough investigation,” Mabaso explained. He said a time frame of when the line would be operational could be determined only after the salvage operation was complete. Mabaso also reported that salvage operations were disrupted and delayed because of “violent extortion efforts by the Ulundi Business Forum” on Friday. One employee was assaulted. But Ulundi Business Forum chairperson Musa Ngqulunga put it down to a misunderstanding. A Transnet insider said there were competing factions among the local forums that demanded work from the state-owned entity, contributing to the delays. Transnet has declared a force majeure over last week's derailment. Read the full original of the report in the above regard by Orrin Singh, Thanduxolo Jika & Sabelo Skiti at Sunday Times (subscriber access only). Lees ook, Transnet-werkers by ontspoorde trein aangeval, by Maroela Media. And also, Transnet resumes work on key coal line after clash with business forum wanting 'opportunities', at Fin24 Other labour / community posting(s) relating to mining
UIF blew R221m in three months training people in KZN who already had jobs Sunday Times reports that the Unemployment Insurance Fund (UIF) has blown R221m in three months training 14,771 people who were already in jobs. The project, part of a broader scheme to create jobs which sources in the UIF labelled a “free for all”, was the subject of an internal audit report, which has since found that it was not properly advertised to allow companies to participate in a fair manner. The 14,771 workers in KwaZulu-Natal (KZN) were trained to cook and provide basic meals for pupils in KZN schools who benefit from the School Nutrition Programme. The school food handlers were employed on 24-month contracts months before their training even began. According to the KZN education department, their contracts funded through a conditional grant from the national department of basic education will expire soon. The UIF paid R344m to a company called Fuze Institute for Humanitarian and Development Praxis to train the workers aged between 20 and 64. Of that money, Fuze spent R22m on overalls, hats, aprons and masks; R17m for unspecified “tools of trade”; and a stipend of R1,050 a month for three months for the workers. In addition, Fuze earned a R24m project-management fee and charged R14.7m for “support” and checking whether the food handlers were going to work. The training project is part of a programme called Employability Initiatives for the Unemployed, which falls under the UIF’s Labour Activation Programmes (LAP) that the UIF committed R2.7bn to in the hopes of creating 65,669 permanent jobs. So far, R685m has been spent on six projects meant to employ 27,781 people with little real permanent employment created — but hundreds of millions of rand has been paid to training providers. Read the full original of the detailed report in the above regard by Sabelo Skiti at Sunday Times (subscriber access only)
SARS apologises, compensates former employees for harm caused during state capture Moneyweb reports that the SA Revenue Service (SARS) has publicly apologised to several of its former employees whose lives, livelihoods and reputations were destroyed during the years of capture of the tax authority. It has also paid “fair and reasonable” compensation for the infringement of their personal rights and loss of employment. SARS however acknowledged that its reparation process could not make up for the professional and personal harm the former employees suffered over many years. Among those who received a public apology were former deputy commissioner Ivan Pillay, former group executive for strategic planning and risk Peter Richer, former executive Johann van Loggerenberg and former spokespeople Adrian Lackay and Marika Miller. The extent of the harm done to them was exposed through the Nugent Commission of Inquiry. The commission found that former president Jacob Zuma and his henchmen, notably former SARS commissioner Tom Moyane, waged a war against SARS officials who were getting too close for comfort – fuelled by false reports in the media. Newspaper headlines screamed about the “rogue unit” within SARS that not only spied on Zuma, but also ran a brothel and entered into illegal tax settlements. Many of the people who wanted to protect the agency were forced to quit during the Moyane years. In a statement released on Thursday, SARS Commissioner Edward Kieswetter said SARS deeply regreted the hurt, pain and suffering visited upon the former employees and their families, as a result of the witch-hunt by Zuma’s keepers during 2014 to 2018. Read the full original of the report in the above regard by Amanda Visser at The Citizen. Lees ook, Jan Taks sê ‘jammer’ vir Pillay en kie, by Maroela Media
De Ruyter ‘not qualified or experienced enough to pull Eskom out of this mess’ The Citizen writes that with growing calls for Eskom chief executive André de Ruyter to step down, the debate has shifted from whether he should get the boot, to whether he’s done his best, or if he has been Eskom’s worst nightmare. With the new Eskom board expected to undertake a full assessment of the efficiency of managers and operators at the power utility, it seems experts have agreed that it is time for De Ruyter to go, regardless of his qualifications, experience, or capability to fix the crisis. A tweet from energy analyst Prof Anton Eberhard read: “I’ll be surprised if CEO De Ruyter does not depart Eskom soon. It’s] an impossible job: misaligned board, suspicious minister who contacts his management directly, spied on by the state, inadequate police action vs corruption.” Another energy analyst, Ted Blom, said De Ruyter should have left a long time ago. “He is not qualified or experienced enough to pull Eskom out of this mess. I said this a long time ago; I told everyone that he was not fit to run Eskom because he doesn’t have experience and also doesn’t have a strategy for the utility. He’s not a turnaround person and doesn’t have a clue on how to turn around an organisation. He also lacks human relation skills.” But, political analyst Piet Croucamp insisted people who wanted De Ruyter out did not understand how complicated the situation was at Eskom. “There is nothing to say that hasn’t been said. The power stations are old and outdated; the staff were not skilled enough because it’s a difficult turnaround process with people who [have] a vested interest in corruption and the bad management of the utility,” he pointed out. Read the full original of the report in the above regard by Reitumetse Makwea at The Citizen Two truck drivers arrested for theft of Eskom coal at Kendal power station Fin24 reports that two truck drivers contracted to Eskom were arrested at Kendal Power Station after they were found in possession of stolen coal. The drivers were arrested on Wednesday night and a criminal case of theft of coal was registered with the Ogies police station. Eskom said in a statement that the trucks, belonging to an ash-transporting company contracted to Eskom, were exiting the power station coal gate when they were stopped by security personnel conducting vehicle inspections. Both truck drivers resisted the searches and maintained that the trucks were empty. With the persistence of a security team, the trucks were searched, and the stolen coal was found in the trailers. Karen Pillay, general manager for security at Eskom, commented: "Eskom continues to lose billions of rands due to the misappropriation of coal and similar commodities, which directly affects production. There are several illicit coal stockyards and dump sites in the province that are recipients of the stolen coal.” Last month, Eskom CEO André de Ruyter said extraordinarily high coal prices had made it extra lucrative for unscrupulous suppliers to swindle the utility whereby they stole Eskom coal, replacing it with discard coal, and exporting the utility's coal to Europe. Read the full original of the report in the above regard compiled by Lisa Steyn at Fin24. Lees ook, Trokdrywers vas wat glo steenkool steel, by Maroela Media Other internet posting(s) in this news category
Fedusa requests Ramaphosa to declare Tuesday, 27 December 2022 a public holiday IOL reports that the Federation of Unions of SA (Fedusa) has written to President Cyril Ramaphosa requesting him to declare 27 December a public holiday this year. The request is because Christmas Day, which is celebrated on 25 December, falls on a Sunday this year. In terms of the Public Holidays Act, “whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday.” But, the Day of Reconciliation on Monday, 26 December is a public holiday in any case. The outcome will be that workers will enjoy one day less of their allotted 12 paid public holidays annually. In a statement on Friday, the Fedusa leadership said the federation remained “resolute that working South Africans should not be dealt with a further injustice to their income security, already eroded during Covid-19, and must therefore be able to enjoy their full 12 paid public holidays.” It went on to add that such a gesture “will go a long way in strengthening workers morale considering their difficulties faced, while boosting economic activity during the festive season.” In December 2016, when a similar situation presented itself, former president Jacob Zuma did declare 27 December a public holiday. Read the full original of the report in the above regard by Sihle Mlambo at IOL
Limpopo couple goes to court for equal parental leave, benefits Mail & Guardian reports that civil court action has been instituted against the Department of Employment & Labour (DEL), challenging sections of the Basic Conditions of Employment Act related to “unconstitutional” parental leave provisions. Werner van Wyk, who lives in Polokwane, had to quit his job after he was denied an equivalent of maternity leave when the couple decided that he would be the primary caregiver for their first child. Ika van Wyk runs two small businesses, which wouldn’t be able to trade if she took four months off. The court application is supported by Sonke Gender Justice. The parties are currently engaging with the court to get a date for the oral arguments. The current parent leave laws have been brought into question because fathers are entitled to only 10 days after the birth of their children, whereas mothers are entitled to four months of unpaid maternity leave. Werner pointed out that not allowing men to share in daily childcare activities leaves female business owners no choice but to step away from their businesses. By doing so, he said, their businesses were jeopardised, risking the livelihood of dependents. Advocate Kaiél Grobler, of Law For All, said: “These laws were discriminatory at its core and intended to keep men in the labour force and women out.” Read the full original of the report in the above regard by Mandisa Ndlovu at Mail & Guardian (subscriber access only)
North West MECs square off over appointment of Rustenburg municipal manager accused of financial misconduct City Press reports that the ink had barely dried on the agreement between the Rustenburg Local Municipality and the newly appointed municipal manager Frans Temeki Mabokela, when there was a dispute over his appointment. He is accused of financial misconduct in another municipality where he held the same position. The news that Mabokela is being investigated for serious charges of financial misconduct has caused a stir in the Rustenburg municipality, with fears that he has been brought in by an ANC faction that is trying to get funds from the municipality for its regional leadership campaign. Mabokela assumed his responsibilities on a three-month contract following the departure of the previous municipal manager, Victor Makona, whose contract was terminated by the council on Monday. The council took a resolution to appoint Mabokela after he was seconded by Cooperative Governance, Human Settlements and Traditional Affairs ME Lena Miga, despite Mabokela being under investigation for financial misconduct instituted by Finance MEC Motlalepula Rosho. Rosho instructed the Ramotshere Moiloa Local Municipality, formerly Zeerust Local Municipality, to institute an investigation against Mabokela after he was accused, amongst other charges, of being involved in the remuneration of an office bearer who was no longer employed by the municipality. According to an ANC official, Mabokela is close to the Rustenburg mayor Sheila Mabale-Huma, who is eyeing the regional chairperson position. Read the full original of the report in the above regard by Norman Masungwini at City Press (subscriber access only)
Oudtshoorn deputy mayor keeps job and salary, despite being held in custody on sexual assault charges News24 reports that despite being charged with sexual assault and rape, the Oudtshoorn deputy mayor, Mlandeli Nyuka, is still getting his salary while awaiting trial in custody. Nyuka, whose bail was denied last week, will appear in court again on 22 November. But, during that time, Nyuka will remain the municipality's deputy mayor. In a statement, the municipality said that neither the mayor, the municipal manager nor the council had the authority to remove a councillor involved in an ongoing legal process. The office of the mayor advised that a councillor could only be removed and a vacancy declared by the Electoral Commission (IEC) on grounds including resignation, removal by the MEC, or being convicted on criminal charges. It went on to indicate: “Please note that no charges regarding the alleged incident have been laid with the municipal manager or the mayor. This means that there are no grounds for an investigation by the municipality." Nyuka, who had been the president of the Suid-Kaap Saamstaan party in the DA-controlled municipality, was charged with sexually assaulting a 37-year-old employee in his office on 27 September. He allegedly offered the employee a better job in return for her silence. He was arrested on 2 October. It is understood that Nyuka was out on bail on a rape case at the time of the latest alleged incident. It also emerged that he was found guilty of sexually assaulting a woman in 2013. Nyuka's membership from the Suid-Kaap Saamstaan party was terminated in April this year following a disciplinary hearing into, among other things, gross misconduct relating to dishonesty and failure to abide by the party's step-aside rule - he was facing criminal charges at the time. Read the full original of the report in the above regard by Marvin Charles at News24 (subscriber access only)
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