In our Thursday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Public sector strike ends as government and unions settle 2022/23 wage dispute; negotiations for 2023/24 already under way Fin24 reports that the public service wage strike has ended after trade unions and the government announced on Wednesday that they had reached a settlement. Neither the government nor unions disclosed the terms, which are still being processed. The unions had being demanding a 10% increase. Before the strike, the government had offered a 3% increase plus an R1,000 cash gratuity. The strike saw public health services crippled in many areas, with patients left unattended and turned away from hospitals and clinics. The National Education, Health and Allied Workers’ Union (Nehawu), the biggest public sector union involved in the strike, has called on its members to return to work. According to the union, the government has, among other things, agreed "to augment the increment" for the 2022/23 year. "The employer has agreed that residual and substantive matters emanating from 2022/2023 wage dispute related to the cost of living allowance shall be tabled and positively dealt with and concluded as part of 2023/2024 wage negotiations," it advised. In a statement, the Department of Public Service and Administration said: “The settlement agreement paves the way for the parties to return to the 2023/24 wage negotiations. As part of managing the return of all parties to the negotiations, a Special Council has been convened for today, 15 March 2023, to receive the submission of residual matters emanating from the 2022/23 wage negotiations.” Negotiations for the 2023/24 wage increase have already begun in the Public Sector Coordinating Bargaining Council. Read the full original of the report in the above regard compiled by Carol Paton at Fin24. See too, Government confirms signing of settlement agreement to end Nehawu strike, at EWN
Government raises its wage offer for public servants for 2023/25 to 7% BL Premium reports that the government has sweetened its 2023/2024 wage offer for 1.2-million public servants to 7%, so raising the prospect of clinching a pay hike deal, but throwing into doubt the credibility of the Treasury’s commitment to keeping a lid on spending on salaries. Government met labour representatives on Tuesday when the revised offer was tabled. The offer, which is an improvement on the initial pay increase proposal of 4.7%, is not far from an 8% demand from union leaders representing teachers, nurses and other public servants. They initially demanded a 10% pay hike. The revised offer comes more than a week after thousands of workers led by Nehawu took to the streets to express their anger over the previous fiscal year’s 3% wage increase. Economist Dawie Roodt commented: “This is totally unacceptable for a number of reasons. Civil servants, as a rule, are overpaid and they underwork. The fiscal accounts are so deep in trouble, it’s irresponsible to give them this kind of increase.” At 53.9%, the unions represented at the talks constituted the majority in the bargaining council. The Federation of Unions of SA said labour had rejected the proposed term of the agreement, which was three years, but “workers are amenable to a two-year term with the second-year increase set at CPI plus 1.5%.” Under the offer, workers would get CPI plus 0.5% in the second year and a raise in line with CPI in the third year. Fedusa said a follow-up meeting would be held soon, “with the expectation that the employer will revert to the response tabled by unions”. It expects talks to conclude before month-end. But, the Public Servants Association rejected the 7% revised offer and said it remained resolute on its mandated demand for a 10% increase. Mugwena Maluleke of the SA Democratic Teachers’ Union said “we have made significant strides, but we are still resolute to push government to improve their offer.” Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only)
Sanef condemns harassment, intimidation of Eastern Cape journalists News24 reports that the SA National Editors’ Forum (Sanef) has condemned the harassment and intimidation of journalists covering stories in the Eastern Cape. This after a senior journalist at the Daily Dispatch received an anonymous warning to "watch his back" for hired hitmen. Sanef said the threat could be linked to his investigation of the murder of University of Fort Hare Vice-Chancellor Sakhela Buhlungu's bodyguard. The publication has removed the journalist from the story. In a separate incident in September, a female journalist for the Herald newspaper, also in the Eastern Cape, was forced to leave her home in KwaNokuthula Township after residents, who had fought with foreign nationals in Plettenberg Bay, intimidated her. The publication removed her byline from stories for her protection. Sanef chairperson Sbu Ngalwa said the attacks on journalists violated their rights to report on public interest stories and equally infringed on the public's right to access information. Earlier this month, it was reported that Zululand Observer journalist Gaddafi Zulu was slapped and punched, allegedly by former Mtubatuba mayor Mandla Zungu and his bodyguards at the Mtubatuba Municipality. Zulu alleged the attackers approached him after he took pictures of the council speaker and asked if he had permission to shoot the photos. Read the full original of the report in the above regard by Cebelihle Bhengu at News24
SA will be 'engulfed in widespread violence' because of EFF shutdown, says DA in court papers News24 reports that Democratic Alliance (DA) leader John Steenhuisen has told the South Gauteng High Court that if it does not urgently intervene in the EFF national shutdown planned for Monday, the country will be "engulfed by a widespread, violent, and destructive" shutdown. Not only that, but the country would find itself in "a situation of real uncertainty and chaos" in its "democratic functioning". On Tuesday, the DA filed an urgent application with the court to interdict the planned national shutdown by the EFF. The DA wants the court to restrain the EFF from shutting down schools, businesses and public roads, among other objectives. EFF leader Julius Malema announced in January that the party would embark on a national shutdown because of its dissatisfaction with the state of the country and to get President Cyril Ramaphosa to resign. In his affidavit, Steenhuisen said the DA supported the right to freedom of expression through peaceful demonstrations and marches, but utterances made by EFF leaders, including Malema, and its members were indicative that the national shutdown would not be peaceful. Steenhuisen stated that "there is no right to protest violently, shut down the functioning of society, or coerce others to participate in a protest". The DA has given the EFF three days to file its answering affidavit. Responding to the application on Wednesday at a press briefing, where the EFF was outlining the logistics of the shutdown, Malema said the DA was defending Ramaphosa. He added that not even the DA or anyone could stop the EFF. Read the full original of the report in the above regard by Bongekile Macupe at News24 Only Ramaphosa’s resignation can stop Monday’s national shutdown, says Malema IOL reports that the leader of the EFF, Julius Malema, has vowed that unless President Cyril Ramaphosa hands in his resignation, there was nothing that could stop the political party’s planned national shutdown next Monday. The EFF has planned to mobilise hundreds of EFF members, citizens, and other organisations next week to demand an end to load shedding and for Ramaphosa to resign. Malema pegged his stance during a media briefing held on Wednesday, shortly after the DA launched a legal bid to stop the mass gathering in what it called “rampant intimidation and threats of violence” allegedly peddled by the EFF. The planned national shutdown is set to take place on Monday, 20 March and Malema has called on all South Africans to participate. The EFF has accused the president of presiding over a failing state, and enabling corruption. It also blames the president and the ANC for the power crisis and the problems at Eskom. While specific locations for the protests have not been divulged, party members have warned shops and factories in various areas to shut down “to avoid the looting“. The party wants nothing in the country to operate on the day. Malema said: “We don’t have permit, we are going to protest, we are not going to march. And to protest, we cannot (get) permits from anyone. Enough is enough. It is our constitutional rights. If they want to do anything, let them do it on 20 March. We are not afraid.” Read the full original of the report in the above regard by Kailene Pillay at IOL SA mining braced for disruption as EFF’s stayaway on Monday looms large Miningmx reports that in a sign of possible disruption to come on Monday, the chairperson of the Rural Economic Transformers, Allen Nglela, interrupted a government meeting on mine safety by threatening anarchy for businesses that remained open during a planned national stayaway. Members of the Mine Health and Safety Council (MHSC) dispersed as Nglela – wearing military fatigues – took the stage calling for the stayaway throughout Mpumalanga province where the MHSC was meeting on Wednesday. According to Witbank News, the RET will hold a protest march in front of the offices of Department of Mineral Resources and Energy on Thursday. The incident highlights the risk of major disruption in the wake of the Economic Freedom Fighter’s (EFF’s) planned national stayway. Threats have been made against businesses that intend to defy the stayaway, which is aimed at protesting against the level of unemployment in SA and other economic ills, such as loadshedding. While the Democratic Alliance has sought to interdict the EFF’s threats of intimidation and violence – since challenged by the EFF – mining companies are keeping a close eye on the temperature on their operations and doorstep communities. An area susceptible to community disruption has been the North West province where the country’s platinum group metals industry is located. Miners there including Anglo American Platinumand Impala Platinum said they had advanced plans to deal with unrest. A spokesperson for Sibanye-Stillwater commented: “Generally there is not a lot of support on the ground for the March, but lots of fear regarding intimidation. The EFF has been very active ‘promoting’ the march in the North West particularly. We are prepared for disruptions.” Read the full original of the report in the above regard by David McKay at Miningmx
Nupsaw members stage two-day picket in Joburg, demand permanent jobs from Gauteng premier News24 reports that starting on Monday, members of the National Union of Public Service and Allied Workers (Nupsaw) staged a picket outside the Gauteng Department of Health's offices in Johannesburg for two days, demanding permanent positions. The members concerned work for the Extended Public Works Programme (EPWP) and said the department was threatening to terminate their contracts. Some of the workers claimed that after nine years, they have yet to be permanently employed. According to Nupsaw's provincial office manager, Khanya Gabela, the department attempted to terminate employees' contracts last year, but that did not happen following engagements. "This year, they want to end our contracts again, they are saying that current employees must go home as new people will be employed. How can you create employment by retrenching another person?" Gabela asked. Members of the group also voiced their unhappiness at being paid just R3,500. Nupsaw's national organiser, Sbonile Jeza, said they met with the premier on Wednesday. "The MEC in the premier's office has issued a mandate to say they are still going to absorb us in the long process, and they are further committed to extending contracts of EPWP workers with the Gauteng Department of Health," Jeza reported. After picketing day and night for two days, the workers finally went home on Wednesday following the engagement with the premier's office. Read the full original of the report in the above regard by Alfonso Nqunjana at News24 E-hailing drivers stage protest on Wednesday afternoon causing major delays on Joburg’s M1 highway IOL reports that e-hailing drivers said to be affiliated with Uber staged a protest on the busy M1 highway in Joburg on Wednesday afternoon by driving their rented cars slowly and causing major traffic delays. Johannesburg Metro Police (JMPD) spokesperson Xolani Fihla said the action caused heavy delays in Sandton, after which the proceeded to Fourways. While details around the protest are unclear, Uber spokesperson Zweli Ngwenya dismissed reports that the protest involved its drivers, despite the Toyota Agya’s which operate mainly on Uber being identifiable. Ngwenya claimed that the drivers were affiliated with Moove, an Uber partner which rented vehicles to Uber registered drivers to drive and earn on the Uber platform. “The [protesting] drivers are drivers who are affiliated to the Moove contract giving out rental cars,” he told Timeslive. IOL reached out to one of the protest organisers, but she said she was unable to immediately comment on the matter. Read the full original of the report in the above regard by Brenda Masilela at IOL
Gauteng health department was warned many times about serious nurse shortage at Rahima Moosa Hospital News24 reports that the health ombud has found that over the years, several attempts had been made to alert the Gauteng health department about a "serious" nursing shortage in the maternity ward of the Rahima Moosa Mother and Child Hospital (RMMCH) in Johannesburg. On Tuesday, Professor Malegapuru Makgoba released a report on his office's investigation into mismanagement, overcrowding and failures at RMMCH. Makgoba indicated that the hospital had relied on "Agency Nurses" to address needs due to the longstanding nursing staff shortage. He said the department had failed expectant mothers by not taking reasonable legislative and other means within its available resources to achieve the realisation of the right to access healthcare services. The ombud launched his investigation after reports emerged that pregnant women were sleeping on the floor, and allegations were made that the chief executive, Dr Nozuko Precious Mkabayi, had not been at work as expected. A video which went viral in April depicted pregnant women sitting on chairs and sleeping on the floors on the night of 31 March 2022 and 1 April 2022. The ombud's probe found that this was partly due to shortage of space and overcrowding. Thirty-four 34 people were interviewed about conditions at the hospital. A prenatal ward supervisor indicated to the health ombud that "doctors admit patients knowing very well that there are no vacant beds". The Gauteng health department welcomed the report, adding that plans were being implemented in the "immediate and long-term period". Read the full original of the report in the above regard by Iavan Pijoos at News24
Five black employees at Makro fail to prove racial bias in receiving lower wage than white colleague TimesLive reports that five black employees who were paid less than a white colleague who did the same work as them at Makro, have failed to prove discrimination against them on the basis of race. The five discovered in 2018 that their colleague earned more than they did after her payslip was left on a printer. In April 2018, the five raised a grievance with management highlighting their dissatisfaction over salary disparities allegedly based on race. The company denied this was the case. The next month, management at Masstores, trading as Makro, held a meeting with the five to discuss the alleged disparities. In November 2018, the company adjusted their salaries and those of other employees. However, the SA Commercial Catering and Allied Workers’ Union (Saccawu), representing the five, took a discrimination claim to the Labour Court (LC). Masstores testified that historically the recruitment process included considering a candidate’s employment history, whether with the organisation or not, and the salary the candidate had been earning at the time. The witness said Masstores aimed to make an offer to a candidate attractive by increasing the candidate’s existing salary to a maximum of 15%. The five did not dispute this evidence. In its ruling, the LC noted that it was not enough for them to merely allege the comparator earned more because of race and more was required to prove discrimination. The unequal treatment must be based on attributes and characteristics attaching to a person before it could fall within the meaning of discrimination. Acting judge Gugulethu Mthalane concluded in last week’s ruling that this did not apply in the Masstores’s case as two other black employees earned far more than the white employee and that the process, and not race, was the reason for the disparity. Read the full original of the report in the above regard by Ernest Mabuza at BusinessLive
Lifestyle audits for ministers under review BusinessLive reports that policies for financial disclosures and lifestyle audits of cabinet ministers and deputy ministers are under review. This was indicated by newly appointed minister in the presidency Khumbudzo Ntshavheni in parliament on Wednesday. The results of the review will be submitted to President Cyril Ramaphosa, who has the prerogative in the matter as he appoints ministers and cabinet ministers. The review is being undertaken by the National Planning Commission, department of performance, monitoring and evaluation and the department of public service & administration. Ntshavheni said there would be an engagement with Ramaphosa on whether he wanted to include financial disclosures and lifestyle audits in the performance agreements with ministers and deputy ministers. The EFF pointed out that Ramaphosa announced when he took office in 2018 that he would introduce lifestyle audits for ministers and deputy ministers, but nothing has been done since then. But Ntshavheni denied the president was delaying, saying that lifestyle audits would have to be extended to MPs as some were appointed ministers and must have gone through the process. Lifestyle audits became mandatory for all public servants in national and provincial government departments from April 2021. Public service and administration deputy minister Chana Pilane-Majake reported that had been made provincially in the 2022/23 financial year with 71 of the 114 provincial departments conducting lifestyle audits compared with only 47 in 2021/22. In 2022/23 three less national departments (24) conducted lifestyle audits. Pilane-Majake said consideration was being given to extending lifestyle audits to local government as well. Read the full original of the report in the above regard by Linda Ensor at BusinessLive
MPs bamboozled by different legal views on constitutionality of NHI Bill BL Premium reports that parliament’s health committee has been presented with two opposing legal opinions on the National Health Insurance (NHI) Bill, leaving MPs with an unexpected headache as they finalise deliberations on the proposed law. The bill is intended to breathe life into the ANC alliance’s plans to provide all citizens with healthcare services free at the point of delivery. On Wednesday, parliament’s legal services warned that several of the bill’s provisions – including those on medical schemes and asylum seekers – could give rise to a constitutional challenge. But the office of the state law adviser presented a legal opinion saying that the bill met constitutional muster. “The role of medical schemes will be fundamentally altered once the NHI is fully implemented,” said parliamentary legal adviser Sueanne Isaac. Clause 33 of the bill says medical schemes may provide cover only for “complementary services” not covered by the NHI Fund, once NHI is fully implemented. “If medical scheme users suffer a reduction in access to health care as a result of full implementation of the NHI, this will give rise to a constitutional challenge based on a violation of section 27 (1) of the constitution,” Isaac warned. By contrast, deputy chief state law adviser Ayesha Johaar presented a legal opinion saying that the bill did not infringe any fundamental rights in an unlawful way. Freedom Front Plus MP Philip van Staden said he would seek legal advice on the conflicting positions put forward by the state law adviser and parliament’s legal services. “I foresee, and have warned the ANC, that this bill will spark huge legal action,” he said. Read the full original of the report in the above regard by Tamar Kahn at BusinessLive (subscriber access only)
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