In our roundup of weekend news, see
summaries of our selection of South African
labour-related stories that appeared since
Friday, 17 February 2023.
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Top law firm reckons that legal challenges against state of disaster can be successful Moneyweb reports that writes that SA’s electricity crisis is a disaster and is leaving SA in a poor state, but government’s declaration of a national state of disaster is seen by many as unnecessary. At least two entities, trade union Solidarity and the Democratic Alliance (DA), have indicated that they will be approaching the courts to reverse the declaration. Critics have raised raise three arguments against the state of disaster, namely that neither Eskom nor government departments have proper plans to solve the power utility’s problems and a state of disaster will not magically create credible plans; the electricity crisis can be addressed under existing legislation and procedures; and declaring a state of disaster and bypassing certain procedures will create even more opportunities for fraud and corruption. Law firm Webber Wentzel has added another important reason to the list. “While it seems that the definition of a disaster would be satisfied by the energy crisis, it is highly debatable whether the requirements for the declaration of a national disaster, as set out in Section 27(1), have in fact been satisfied,” writes partner Mzukisi Kota in an opinion with others. “Importantly, Section 27(1) of the DMA provides that a national disaster may only be declared if existing legislation and contingency arrangements do not adequately provide for the national executive to effectively deal with the disaster. The declaration of SA’s energy crisis as a National State of Disaster may be open to court challenge, as there is already sufficient legislation in place to deal with it,” Kota opined. Webber Wentzel also noted that there was growing scepticism about the government’s ability to address the energy crisis in the wake of a record-breaking streak of rolling blackouts and concerns that the state of disaster. According to Solidarity’s Dr Dirk Hermann, a state of disaster is irrational and unnecessary and will not end the energy crisis any faster, “but it opens the door to major abuse once again.” Read the full original of the detailed report in the above regard by Adriaan Kruger at Moneyweb. Read too, Energy problems can be solved without state of emergency, but Eskom needs shock therapy, says William Gumede, at BizNews DA calculates that electricity ministry will cost R38m a year Sunday Times reports that according to Democratic Alliance (DA) MP Leon Schreiber, the creation of a new portfolio to deal with SA’s energy crisis could cost the taxpayers as much as R38m a year. He notes that President Cyril Ramaphosa failed in his state of the nation address to tell South Africans how much the new appointment would cost the fiscus. But Presidency spokesman Vincent Magwenya said any talk of the cost of the new ministry’s office was speculative as there had been no discussion on how the office would be constituted. Schreiber’s calculations are based on parliamentary replies from the departments of mineral resources & energy and public enterprises, which revealed that almost R39m and R31m was spent on the respective ministers and their deputies. The costs included VIP protection at R8m a year for each minister and each deputy, the salaries of the minister (R2.47m per year) and deputy minister (R2m), and four luxury vehicles (two for each minister and two for their deputies) at a combined cost of R3.2m. Schreiber explained that the figures for the minister of electricity were based on averages and on the assumption that Ramaphosa would also appoint a deputy minister of electricity “in order to spread more patronage among ANC cadres”. But, Magwenya said Schreiber’s calculations were inaccurate. “There has been no consideration or any discussion around appointing a deputy minister of electricity, so any such suggestion would be purely speculative,” he indicated. Magwenya opined that the new ministry was not a waste of taxpayers’ money but an investment in finding a sustainable solution to the energy crisis. Read the full original of the report in the above regard by Andisiwe Makinana at Sunday Times (subscriber access only) Power cuts forcing employers to drop staff City Press writes that load shedding is causing unemployment to rise even more sharply as companies retrench staff to try to stay afloat. Large and small companies have spent millions of rands on generators and diesel in the past year in an attempt to keep their businesses going during load shedding. Pick n Pay recently said load shedding cost it about R60 million a month, while Shoprite spent R1 billion a year on diesel. Telkom – which last week announced that it would be laying off 15% of its staff – spent R150 million in a single quarter to try to mitigate the effects of the rolling blackouts. Jan de Villiers, DA spokesperson for small business development, speaks to business owners every day, who describe how they struggle to obtain parts for generators that have broken down due to overuse. City Press has learnt that there have also been significant layoffs among large and small companies in the steel industry as businesses are reducing staff to the bare minimum so that they can survive. “Those that still can’t cover their costs have no choice but to close down completely,” said a source. The staff cuts are a direct consequence of companies no longer having a cash buffer to afford backup power generation during load shedding. Trade unions also fear that layoffs related to load shedding could end up being far worse than they were during the Covid-19 lockdowns. Hugo Pienaar, director of employment practice at law firm Cliffe Dekker Hofmeyr, says the reality is that many companies are facing significant additional costs to generate power. “Employers must now try to save costs somewhere. Cash flows have dried up. They have to decide whether to close down or let a certain number of people go,” he pointed out. Read the full original of the report in the above regard by Liesl Peyper at City Press (subscriber access only) Other internet posting(s) in this news category
Top cop removed from presidential protection duties over Ramaphosa safety row Sunday Times reports that Lieutenant-General Samson Shitlabane, head of protection services for the president, has been removed after two incidents allegedly compromised President Cyril Ramaphosa’s safety. The president’s security is now in the hands of Major-General Wally Rhoode, who has been accused of mishandling the Phala Phala farm robbery case. The intensifying row between the top cops saw Shitlabane left out of the presidential security plans around the State of the Nation Address (Sona) in Cape Town last week. Shitlabane, who has since been transferred to another policing unit, is challenging his removal internally. Ramaphosa’s security was allegedly first “compromised” during the ANC’s Nasrec elective conference last year December. There were apparently two separate lists of officers placed on duty to guard the president and VIPs at Nasrec and also for Sona – one compiled by Rhoode and the other by Shitlabane. Both groups were deployed to both venues. At Nasrec, more than 40 protection officers were involved. It was reported last month that a fight between senior protection services members ended in charges of intimidation being laid against counter-assault team commander Brigadier Mbulelo Mbiko by Lieutenant-Colonel Chantal Sias, who led the presidential convoy. Read the full original of the report in the above regard by Thanduxolo Jika & Amanda Khoza at Sunday Times (subscriber access only)
Zama zamas force Florida Lake residents to arm themselves to the teeth SowetanLive reports that armed and ready to defend is the life some residents in Florida Lake on the West Rand have to live because of fear of illegal miners, whom they say have wreaked havoc in their neighbourhood. Leolen Harris is one the residents living in fear of the zama zamas that have been operating in the area since 2020. When Sowetan knocked at his gate, he emerged with a panga in his hand as he came out to interrogate who it was. Alluding to the weapon in his hand, Harris said: “It’s for my own safety. In this area you will never know what will happen. We have no choice but to learn survival skills.” He went on to report: “There are always break-ins and at night gunshots go off almost daily. We have to be ready for anything because it looks like they [zama zamas] are not just fighting among themselves, but also coming into our homes. We see them crossing the road, sometimes wearing blankets or long trench coats with their guns sticking out.” Underground blasting has caused cracks to houses, with some homeowners opting to sell their properties. Others are leaving because of rampant crime such as theft of electricity cables from substations, solar panels and gate motors from houses in the area. So bad is the illegal mining that it is threatening the area's electricity infrastructure, with City Power saying some of its substations are showing signs of caving in because of hollow ground caused by illegal mining. Read the full original of the report in the above regard by Noxolo Sibiya at SowetanLive Other general posting(s) relating to mining
Telkom still considering paying dividends even as job cuts loom BL Premium reports that Telkom is scrambling to cut costs, but the group is still considering paying dividends to shareholders, a move unlikely to go down well with employees and other stakeholders. Last week, Telkom indicated it could shed 15% of its workforce as it announced the commencement of a consultation process with affected employees as part of a wider effort to reduce costs and increase profitability. As at September 2022 Telkom had 11,788 employees. But while Telkom is clearly focused on cutting costs, it is also looking to reinstate dividends after a three-year suspension in the financial year that starts in April. In a statement, Telkom advised: “The reinstatement of the dividend policy is under consideration and an update will be provided at the end of the financial year.” In the present tough economic environment, this will probably not sit well with those at risk of losing their jobs in the name of preserving cash. The Communication Workers Union (CWU) condemned the fixed-line operator’s plan to shed over 2,000 workers in a few months’ time. The union accused Telkom’s management of using jobs cuts as an easy way to make superficial profits, placing most of the blame on former CEO Sipho Maseko. “These are just lousy excuses of creating ‘artificial profits’ to the benefit of the executive, board members and shareholders… Every two years there were retrenchments and in every other two years there were bonuses and dividends paid among the executives and the board members,” the union commented. Read the full original of the report in the above regard by Mudiwa Gavaza at BusinessLive (subscriber access only)
Amid suspension rumours, embattled UCT vice-chancellor refuses exit package Sunday Independent reports that confusion reigned on Friday over the suspension of Professor Mamokgethi Phakeng, University of Cape Town (UCT) vice-chancellor (VC). In a new twist to a long leadership controversy, the university council reportedly offered to drop all claims against Phakeng if she agreed to early retirement – but she refused. Most major media outlets reported last week that Phakeng had been suspended or was about to be suspended. Asked late on Friday whether the VC had been suspended, chair of the council Babalwa Ngonyama said: “No, that’s not correct. She is not suspended.” Meanwhile, UCT was buffeted last week by student protests over fees and accommodation problems, prompting the university to shut down and move classes online. An agreement over Phakeng’s early retirement would halt an investigation into governance concerns that rocked UCT during much of 2022. Unbeknown to a four-member investigation panel – led by retired Supreme Court of Appeal president Lex Mpati – the council made overtures in a lawyers’ letter to Phakeng, offering her a retirement package. The VC had to accept the offer close of business on 14 February. But amid ongoing discussions, Phakeng, through her lawyer, told the university that the retirement offer should not depend on halting the probe. Her lawyers said: “Our client asserts that she remains willing to subject herself before the panel as she is yet to be provided with an opportunity to ventilate her case.” Read the full original of the report in the above regard by Edwin Naidu at Sunday Independent. Read too, Chaos as ‘ugly power struggle’ rocks UCT, at Sunday Times (subscriber access only)
Two Soweto police officers in the dock on Monday for kidnapping, extortion and possession of stolen goods The Citizen reports that two police sergeants are expected to appear in the Roodepoort Magistrate’s Court on Monday on charges of kidnapping, extortion and possession of stolen goods, after they allegedly demanded cash from a suspect they arrested in Springs, Ekurhuleni. The officers from Dobsonville, Soweto SAPS were arrested by members of the Independent Police Investigative Directorate (Ipid) on Friday. According to Ipid spokesperson Lizzy Suping, four officers from Dobsonville police station drove on Friday to Springs to search the property of an alleged suspect. They arrested the suspect and confiscated money to the value of R35,000, gold, measuring scales and 25 litres of acidic mercury. While inside the police van, the four officers allegedly demanded more money, which the suspect did not have at the time. They advised him to call his friends to help him raise the requested amount of money, but the friend who was called could not assist. The friend reported the incident to Ipid. Investigators worked jointly with SAPS and JMPD to track the officers and the state vehicle. The vehicle was found in Roodepoort with only two officers. Investigators confiscated the gold, cash and other goods taken from the suspect’s property. The other two officers are on the run. Read the full original of the report in the above regard at The Citizen. Lees ook, SAPD-lede eersdaags in hof vir ontvoering, afpersing, by Maroela Media. As well as, 'Cops' greed for more bribe cash' leads to arrests, at TimesLive Police officer among six arrested in connection with cash-in-transit robbery in Katlehong on Friday News24 reports that a police officer has been arrested along with five other suspects following a cash-in-transit (CIT) robbery in Katlehong on Friday. The cash van was rammed on the corner of Kgotso and Mpambo Streets. The suspects then ordered the guards out of the vehicle and made them lie on the ground before they bombed the cash van. Police spokesperson Brigadier Athlenda Mathe reported: "During the cash-in-transit robbery, the suspects fired shots at bystanders, and two people were wounded. A 35-year-old man suffered a gunshot wound, and a 46-year-old woman was also shot." The suspects fled the scene in four getaway vehicles. When police arrived on the scene, they found a grey BMW, which had been used to ram the cash van. Preliminary investigations led the police team to a house in Palm Ridge where the suspects were hiding and where they were arrested. On the premises, police found two vehicles that matched the description of the vehicles used in the CIT robbery. Investigations revealed that a detective sergeant attached to the Katlehong North police station had transported the vehicles with the suspects. He was placed under arrest for conspiracy to commit a robbery, and his house was also searched. A set of police number plates, multiple reflective police jackets and the sergeant's service firearm were seized. Read the full original of the report in the above regard by Cebelihle Mthethwa at News24 Three Gauteng cops nabbed for alleged corruption, kidnapping released on bail The Citizen reports that on Friday, three officers facing charges of kidnapping, corruption and defeating the ends of justice were released on bail by the Pretoria Magistrate’s Court. Sello Tsima and Edward Magape from Wierdabrug police station, and Massifo Mangena stationed at Midrand SAPS, along with a Congolese national Alain Mbembe, were arrested on Tuesday after an identity parade. The National Prosecuting Authority (NPA) reported: “It is alleged that on 17 May 2021, one of the complainants and Mbembe went to Wierdabrug police to open a case of housebreaking and theft against three young ladies, who were attending a house party. While at the police station, Tsima who is an investigating officer and Magape told the complainant that he should pay them an amount of R10,000 to investigate the case.” The following day, Mbembe and Mangena “forcefully” took the three women concerned to the Wierdabrug police in Centurion where they were detained overnight. Tsima and Magape requested the family members to pay an amount of R10,000 to release the three women. After accepting the money, Tsima informed the complainant who had opened the case against the three women that they would appear in court the following day. When the complainant arrived in court, he was informed that there would be no court appearance and he then reported the matter. The case has been remanded until 27 February 2023 for the state to get a report about Mbembe’s legal status from the Department of Home Affairs. Read the full original of the report in the above regard at The Citizen (scroll down) Other internet posting(s) in this news category
Woman arrested for allegedly colluding with Eskom workers to steal nearly R1m from Tutuka power station News24 reports that a Mpumalanga woman has appeared in the Standerton Magistrate's Court in connection with a theft and money laundering case related to the Tutuka power station. Annemarie Stander, 55, was released on R5,000 bail last Wednesday after she was arrested by the Hawks. An investigation revealed that in 2021 Eskom's Tutuka Power Station issued an order to Umnandi Conference and Catering for the purchase and delivery of two containers at the power station. "Umnandi colluded with Eskom employees, and the company invoiced Eskom an amount of R939,550 without purchasing and delivering the containers," said a Hawks spokesperson. Stander will join three Eskom officials who were arrested by Standerton detectives before the case was transferred to the Hawks for further investigation in January. The case will continue in the Middelburg Specialised Commercial Crimes Court on Monday. Read the full original of the report in the above regard compiled by Nicole McCain at News24
Eastern Cape judge president faces sexual harassment probe by Judicial Conduct Committee Sunday Times reports that Eastern Cape judge president Selby Mbenenge is facing an investigation by the Judicial Conduct Committee after claims of sexual harassment were levelled against him by a judge’s clerk based in the Makhanda High Court. The Office of the Chief Justice (OCJ) did not respond to a request on Wednesday for confirmation of the complaint against Mbenenge. The complaint was made in December. On Thursday, Mbenenge issued a “desist” demand through an East London firm of attorneys against the Sunday Times after he was approached for his side of the story. Mbenenge’s attorney, Simphiwe Mbabane, said “the allegations that you want to publish are of a very serious and very scandalous nature; they are untrue and cannot be reversed`’. But in the letter of demand, Mbabane wrote: “The matter is still under investigation by the Judicial Conduct Committee… Our client has requested to be furnished with further particulars that will enable him to better comprehend the complaint against him.” The complaint was submitted to the OCJ’s Midrand head office by judge’s clerk Andiswa Mengo and concerns a series of face-to-face and electronic exchanges between the complainant and Mbenenge during 2021 and 2022. Early in February, Mengo was spirited out of the Eastern Cape for her own safety after receiving an anonymous cellphone call death threat. She was redeployed to an unspecified position in the office of the superintendent-general in the OCJ’s Midrand offices. Read the full original of the report in the above regard by Ray Hartle at Sunday Times (subscriber access only) Other internet posting(s) in this news category
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