In our Tuesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Labour Appeal Court interdicts Nehawu wage strike in essential services, Sassa, SIU and biodiversity institute TimesLive reports that the Labour Appeal Court (LAC) on Monday morning interdicted strike action by the National Education, Health and Allied Workers’ Union (Nehawu), its members and employees who are employed in an essential service with immediate effect. A public sector wage strike by the union commenced last Monday. The court ruled that Nehawu and all essential service employees were restrained and prevented from continuing with or participating in any such strike. The court also restrained Nehawu, its members and employees employed at the SA Social Security Agency (Sassa), the Special Investigating Unit (SIU) and the SA National Biodiversity Institute (SANBI) from continuing with the strike. The court furthermore ordered Nehawu to inform its members, including but not limited to every hospital and clinic at which it has members within the essential services, of the order of the court, through publication on social media, by email and by all other appropriate means available to it, by no later than 1pm on Monday. The LAC indicated that its order would remain in force until the final determination of the appeal against the order made by the Labour Court on 4 March interdicting the strike by Nehawu. The ministry of health welcomed the LAC’s court order. Nehawu said its legal department was still studying the judgment. Read the full original of the report in the above regard by Ernest Mabuza at TimesLive. Read too, Court rejects Nehawu’s application to appeal government strike interdict, at The Citizen Nehawu appeal over interdicted strike action succeeds in part GroundUp reports that the Labour Appeal Court (LAC) ruled on Monday that members of the National Education, Health and Allied Workers’ Union (Nehawu) who do not perform essential work or work for certain agencies can continue their wage strike. Nehawu went to the court to appeal against the 6 March judgment of Judge André van Niekerk in the Labour Court which permitted the execution of an interdict granted by the same court on 4 March. A full bench of the LAC found that the government had not “established exceptional circumstances and irreparable harm”. They replaced Judge van Niekerk’s order with an order specifically excluding essential workers and staff of the Special Investigating Unit, the SA Social Security Agency and the SA National Botanical Institute from participation in Nehawu’s strike. The three agencies are not covered by the bargaining council process. The effect of the judgment is that apart from essential and excluded workers, Nehawu members are permitted to strike, pending a decision on an appeal of the original interdict, which has yet to be heard. The LAC had harsh words for the union, the government and the police. It said that Nehawu, which had issued a strike notice that was “intentionally broad and recklessly so”, had “illustrated a flagrant disregard for the law, the employer and the people of this country entitled to access essential public services”. The judges condemned the incidents of violent and intimidatory conduct that have marred Nehawu’s strike action. But they said these acts did not invalidate the right to strike. The judges were also highly critical of the SA Police Service, calling its failure to act when confronted with criminal behaviour “extraordinary”. Read the full original of the report in the above regard by James Stent & Liezl Human at GroundUp. Read too, Strike by Nehawu continues, despite order interdicting essential workers, at TimesLive SA Policing Union to go on strike on Friday over salary demands News24 reports that the SA Policing Union (SAPU) has vowed not to "surrender" until its salary demands are met. The union said in a notice to members that its strike would commence on Friday, 17 March. Nehawu, SAPU and several other public servant unions are locked in a wage dispute with the government. On Monday, the Labour Appeal Court interdicted essential services industrial action by Nehawu. SAPU's Peter Ntsime indicated that the interdict was being studied and he went on to indicate: "We are together with all unions that are pursuing the 2022/2023 outstanding 10% salary increase. SAPU is not interdicted, and we served [the] employer with a notice to strike. We have two Acts of employment, which are the SAPS Act and Public Service Act, whereby employees employed in terms of the Public Service Act are allowed to strike as they do not render essential services, even those who render essential services when they are off from work can join the picket line.” Meantime, a spokesperson for the Police and Prisons Civil Rights Union (Popcru) said the union’s national executive committee would take a decision on the strike this week. National police spokesperson Brigadier Athlenda Mathe confirmed that SAPS had only received a notice from SAPU, not Popcru. He advised as follows: "South Africans can rest assured that it will be business as usual across all stations and all SAPS service points. All 1,160 police stations across the country will be fully functional and operational, and open to the public." Read the full original of the report in the above regard by Iavan Pijoos at News24 Phaahla says death toll climbing in wage strike by health workers The Citizen reports that the Minister of Health, Joe Phaahla, has stated that the death toll due to the wage strike by members of the National Education, Health and Allied Workers’ Union (Nehawu) has increased. Phaahla advised last week that four people had died as a result of strike action. He did not clarify at which healthcare facilities, or even provinces, the deaths had allegedly occurred. Phaahla indicated on Monday that he was receiving more reports of deaths. “I can tell that we are not standing at four [reported deaths]. We want to be cautious with accuracy. We are currently getting all clinical data. At this stage, there are more than four [reports] that we have received,” Phaahla said. The Health and Allied Workers Indaba Trade Union (Haitu), which represents some 20,000 health workers, joined the strike on Monday at the Thelle Mogoerane Hospital in Vosloorus. Meanwhile, the SA National Defence Force (SANDF) deployed 20 military healthcare practitioners from the SA Military Health Service following a request for assistance by the department of health, with army officials stationed outside the Thelle Mogoerane Hospital. “The National Disaster Management Act of 2002 provides for the deployment of SANDF personnel to a national organ of state for the rendering of emergency services,” spokesperson Brigadier-General Andries Mokoena Mahapa explained. Read the full original of the report in the above regard by Reitumetse Makwea at The Citizen. Read too, More deaths as Nehawu set to step up action, at The Star. En ook, Nóg sterf terwyl gesondheidswerkers staak, by Maroela Media Military sent to Thelle Mogoerane hospital in Vosloorus as Nehawu strike causes havoc TimesLive reports that the military was deployed to the Thelle Mogoerane Provincial Tertiary Hospital hospial in Vosloorus on Monday as public service workers affiliated to the National Education, Health and Allied Workers’ Union (Nehawu) continued with their wage strike. Thelle Mogoerane CEO Dr Michael Malaka said the facility was severely affected last week. “All our outpatient departments were closed, the entire therapeutic section was closed and, unfortunately, the theatre had to close because we had no staff. Maternity was also closed. We were worried mainly about staff in accidents and emergency, in ICU, in high care and in our natal ward, where we would run the ward with one or two nurses at a time,” he reported. Malaka said there were instances where nurses had had to work day and night without being able to hand over to anybody. Health Minister Joe Phaahla visited the hospital on Monday morning to monitor access to services. Speaking on eNCA, Phaahla said they had been concerned that the hospital had not been able to provide services and he went on to note that “this is a big hospital of 800 beds, so it was key we do everything to make sure it starts to be functional and it was clear the main issue is that of fear.” He said a number of staff wanted to come back, but could not due to intimidation. In response to the military being stationed at the hospital, Nehawu spokesperson Lwazi Nkolonzi said: “We are yet to get reports about what is transpiring, but we have noted there is a deployment of soldiers. We do not know what they have been deployed to do. We are going to find out what this means and we will take it from there.” Read the full original of the report in the above regard by Shonisani Tshikalange at BusinessLive. Read too, SANDF nurses deployed to help as deaths climb in ongoing Nehawu strike, at News24. En ook, Hulp van militêre dokters ingeroep tydens staking, by Maroela Media Other internet posting(s) in this news category
EFF urges citizens to ‘occupy streets of SA’ during party’s national shutdown on 20 March The Citizen reports that Economic Freedom Fighters (EFF) leader Julius Malema has urged all South Africans to take to the streets for a national shutdown on Monday, 20 March 2023. In a video posted on the party’s social media accounts, Malema said “enough is enough, we cannot have a president that presides over a collapsed state”. He called for President Cyril Ramaphosa to step down immediately. “Now is the time to take action. The streets are calling, we have to occupy all the streets of South Africa. Where everyou are, make your voice be heard,” Malema said. He enumerated unemployment, lack of electricity, corruption, high crime rates, gender-based violence, and collapsed hospitals and education systems as reason to shut down the country. Malema said South Africans were “tired of corruption, the high [cost] of living; crime is too high, GBV (gender-based violence) is the order of the day”. In a separate statement, the EFF accused Ramaphosa of presiding over the collapse of state-owned enterprises such as Eskom, Transnet, Denel, SAA, and SA’s railway network. Malema also mentioned the Phala Phala scandal, accusing Ramaphosa of hoarding money while South Africans suffered from hunger and a lack of basic necessities. Read the full original of the report in the above regard by Cheryl Kahla at The Citizen
Case against 17 Marikana mineworkers provisionally struck off the roll TimesLive reports that the case against 17 men accused of murder and other serious offences in the days leading up to the Marikana massacre in 2012 was on Friday provisionally removed from the court roll by the North West High Court sitting in Mogwase. This after an application was made by the defense attorneys to have the matter struck off the roll pending the outcome of a review application they had registered with the High Court in Pretoria to have all charges against the accused withdrawn. The 17 are charged with seven counts of murder, four of malicious damage to property, four of robbery, three for unlawful possession of firearms and three for unlawful possession of ammunition. The charges relate to the murder of 10 people preceding 16 August 2012, the day on which 34 mineworkers were killed by the police during a wildcat strike at Lonmin platinum mine operations in Marikana. The trial of the 17 men had been set to take place from 6 to 10 March and NPA spokesperson Henry Mamothame said the state had been ready to proceed, but the defense attorneys were reluctant to do so. The judge made it clear that the removal of this matter from the roll was not a verdict but merely a pause to await the outcome of the review application registered by the accused persons. One of the accused is currently serving a life sentence for a murder related to the wage strike in Marikana in 2012. Read the full original of the report in the above regard by Belinda Pheto at TimesLive. Read too, Marikana miners' case struck off the roll, at IOL. En ook, Marikana-myners se saak vir eers van die rol geskrap, by Maroela Media Other labour / community posting(s) relating to mining
UCT appoints Daya Reddy as interim vice-chancellor for six months following Mamokgethi Phakeng’s exit News24 reports that the University of Cape Town (UCT) has announced the appointment of Emeritus Professor Daya Reddy as its interim vice-chancellor. The decision was made at a special council meeting last week following consultation with the senate and after seeking the advice of the Institutional Forum. UCT council chairperson Babalwa Ngonyama said Reddy would officially assume duty on Tuesday. He is expected to serve a term of about six months while the recruitment of a new vice-chancellor is completed. Reddy's appointment comes after beleaguered former vice-chancellor Professor Mamokgethi Phakeng was placed on special leave mere days after an agreement was reached for her to leave her position. Her exit came amid an independent investigation, led by retired Supreme Court of Appeal president judge Lex Mpati. The panel is probing allegations that Phakeng and Ngonyama misled the senate about the reasons for the departure of deputy vice-chancellor Lis Lange, as well as allegations of bullying, abuse of non-disclosure agreements and an exodus of senior staff. Read the full original of the report in the above regard by Marvin Charles at News24
Zimbabwean and Lesotho lecturers on exemption permits head to court to have their dismissals set aside Moneyweb reports that several Zimbabwean and Lesotho lecturers on exemption permits that allow them to live and work in SA have been told their services are no longer required by the Department of Higher Education (DHE). They intend to head to court this week to have their dismissals set aside as unlawful. The Zimbabwe Exemption Permit Holders Association (Zepha) says this is the latest salvo in a campaign to rid SA of Zimbabweans, even though most of them have been living and working in SA for more than a decade. The Zimbabwe Exemption Permit (ZEP) system was introduced more than a decade ago to regularise the status of Zimbabweans who were illegally in SA due to political and economic hardships at home. The Department of Home Affairs (DHA) last year announced that the ZEP system would be terminated in June 2023, by which time ZEP holders would have to apply for ’regular’ SA visas. But, Zepha argues that Home Affairs’ critical skills list, which determines the categories of skills needed by applicants to apply for regular visas, is designed to exclude the majority of ZEP holders, most of whom are in artisan and lower-skilled trades. The decision to end the ZEP system is being challenged in three separate court cases, all of them claiming this will lead to a humanitarian catastrophe. According to Zepha, lecturers with ZEP permits at higher education institution in SA are now being “let go” by the DHE. What is equally disturbing, says Zepha, is that several Lesotho nationals living and working in SA under the so-called Lesotho Exemption Permit, which is similar to the ZEP system, have likewise been told by the DHE that their services are no longer required. Read the full original of the report in the above regard by Ciaran Ryan at Moneyweb
New Public Service Minister Noxolo Kiviet reported to SIU over alleged university degree fraud The Citizen reports that SA’s new Public Service and Administration Minister Noxolo Kiviet is facing allegations of fraud, just days after assuming office in President Cyril Ramaphosa’s new Cabinet. In an affidavit submitted to the Special Investigating Unit (SIU), Kiviet is accused of obtaining her honours and master’s degrees despite not having an undergraduate qualification. According to News24, when Kiviet registered for her honours degree, she only had a matric certificate and a short-course certificate with handwritten results. The News24 report indicates that Kiviet’s alleged degree fraud was exposed by a senior official at the University of Fort Hare. “There’s no proof either that the candidate [Kiviet] was accepted at honours through RPL [Recognition of Prior Learning]. The candidate applied for Hons and was admitted without NQF level 7 or its equivalence or RPL, registered and passed the programme. Upon completion of Hons, the candidate applied, registered, and passed MPA [master’s in public administration] and the degree was formally awarded on 7 May 2010,” part of the affidavit reads. Kiviet told the publication that the allegations against her were “baseless and untrue”. Kiviet is a former Premier of the Eastern Cape from 2009 to 2014. She was also the speaker of the Eastern Cape legislature. Read the full original of the report in the above regard at The Citizen. Read too, Fort Hare reports Minister Noxolo Kiviet to SIU over her two degrees, at News24 (subscriber access only)
After five years 'on the run', woman arrested for allegedly running bogus nursing colleges News24 reports that a 54-year-old woman who was sought for five years for allegedly running bogus nursing colleges, was arrested at OR Tambo International Airport on Saturday after landing from Nigeria. Limpopo police spokesperson Brigadier Motlafela Mojapelo indicated: "The suspect managed to evade arrest and had been on the run since 2017 after she fled to Nigeria. The suspect allegedly ran bogus nursing colleges and fraudulently registered unsuspecting students under the pretext that they [would] acquire diplomas in nursing. The victims were also assured of employment across the province upon completion of their studies." Cases were opened in Polokwane, Morebeng, Thohoyandou, Waterval in Limpopo, and parts of Gauteng. The suspect was scheduled to appear in the Makhado Magistrate's Court on Monday. Meanwhile, two private schools in Johannesburg were shut down last week and several staff members were arrested. The police swooped in on Hillcrest International School and the Academy of Sciences, allegedly for operating without education department registration. Read the full original of the report in the above regard compiled by Nicole McCain at News24
Special needs school teacher acquitted of sex charges Cape Times reports that a special education school teacher has been acquitted of multiple charges, including the alleged sexual grooming of a pupil with severe intellectual disabilities. The teacher was cleared by the Education Labour Relations Council after he was accused of sexually assaulting a 14-year-old pupil during her Grade 4 schooling in 2021. It was noted that the teacher, who taught at the school since April 2014, had a clean disciplinary record. The pupil, identified as “Learner A”, testified before arbitrator Adv. DP van Tonder for three days. The pupil’s guardian testified that the pupil returned from school on a Thursday bleeding heavily from her private parts and claimed that the teacher had touched her breasts, buttocks, put his finger into her private parts and also took out his phallus. She claimed she took the pupil to hospital a few days later and they had seen two doctors. The teacher, who denied all the allegations, said the first time he heard about the accusations was when police arrested him in November 2021. He spent 48 hours in custody and later that month the criminal charges against him were withdrawn in the regional court. He testified that the pupil had a reputation for making false allegations against others. Van Tonder found the pupil’s evidence “problematic and unreliable” and also criticised the guardian for allegedly waiting a month before taking the child to the doctor after having been informed that the child had been allegedly molested. Read the full original of the report in the above regard by Okuhle Hlati at Cape Times
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