In our Thursday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Intercape sues Police Minister for failure to act on bus attacks Engineering News reports that Intercape is suing Minister of Police Bheki Cele for what it terms the “complete and utter failure” of the police to stop the attacks against the long-distance bus service operator. The company has continued to run a gauntlet of attacks in recent weeks, with at least 14 recorded incidents in the Eastern Cape. Coaches have been shot at and stoned, while drivers and passengers have been intimidated by taxi operators in what Intercape alleges amounts to “a campaign of organised crime” that is “part of a pattern of racketeering activity”. Intercape opened its first case with the police on 4 March 2020. Three years later, during which Intercape has opened a further 164 criminal cases, “not a single suspect is under arrest and not a single [court case] is under way”. The attacks against Intercape, particularly in the Eastern Cape, have continued despite several court orders compelling the transport minister and her provincial counterpart to work with the police to ensure the safety of passengers and Intercape employees. The company, inter alia, wants the court to order that a report be submitted to the National Prosecuting Authority (NPA) within 60 days, detailing all the steps taken and progress made in investigating each of the cases opened, as well as the status of each investigation, to enable the NPA to coordinate the investigation and prosecution of the crimes. Read the full original of the report in the above regard at Engineering News. Lees ook, Intercape sleep polisieminister nou hof toe, by Maroela Media
Striking municipal workers prevent election of Mangaung executive mayor Maroela Media reports that a special council meeting where a new Mangaung executive mayor and chief whip were due to be elected could not be held on Wednesday morning because of disruptions by striking municipal employees. The meeting was due to be held at 10h00 in the Bram Fischer civic centre. Workers obstructed the entrance to the building and prevented councillors from entering. Employees of the metro’s water and sanitation division and also waste removal workers have been on strike for a number of weeks because they have not received their full salaries and overtime payments. DA councillors Werner Pretorius and Dulandi Leech were manhandled when they attempted to enter the building. Some councillors were able to enter, but the meeting could not proceed because it was not quorate. The meeting has be rescheduled for Friday, 14 April at 14h00. Read the full report in Afrikaans at Maroela Media
Forty-three zama zamas arrested for illegal mining in Limpopo The Citizen reports that forty-three male suspects, aged between 18 and 43, were apprehended on Tuesday for illegal mining and contravening the Immigration Act. According to police spokesperson, Colonel Malesela Ledwaba, the suspects, comprising 41 undocumented Zimbabweans, one Mozambican national and one South African citizen, were apprehended during a joint intelligence operation conducted by the members of the provincial illegal mining task team, the provincial organised crime unit and RR Undercover security company at Ga-Phasha village under Sefateng mine jurisdiction in the Mecklenburg policing precinct. The suspects are expected to appear at the Mecklenburg Magistrate’s Court on Thursday. Ledwaba reported as follows: “Police received information about illegal mining activities taking place in the area and swiftly reacted. Upon arrival, police found the suspects busy mining a precious metal (chrome) at the mine without authorisation. When the suspects noticed police presence, they ran into the nearby bushes and others went inside the self-made tunnels in an attempt to evade arrest.” Police confiscated 12 generators, 10 jackhammers valued at R170 000 and chrome estimated to be valued at more than a million rand. Read the original of the report in the above regard by Siphumelele Khumalo at The Citizen RBPlat extends fixed-term contracts of CEO and COO by six months pending finalisation of Implats takeover BusinessLive reports that platinum group metals producer Royal Bafokeng Platinum (RBPlat) has extended the fixed-term contracts of its CEO Steve Phiri and COO Neil Carr by an additional six months pending the finalisation of the proposed takeover bid by Impala Platinum (Implats). Implats is now the sole contender vying for a controlling stake in RBPlat after rival Northam Platinum pulled out of the race last week, citing a significant pullback in commodity prices. Both Phiri and Carr retired nearly a year ago, but the company opted to retain their services on fixed-term contracts while Implats and Northam battled it out for control of its assets. In a statement on Tuesday, RBPlat said the two executives would remain with the group until October to ensure a smooth transition as and when the proposed deal was consummated. “As a consequence of the extension, the executives’ entitlement to the cash bonus ... has been deferred and remains subject to the condition that they remain in the company’s employ until the expiry date and that they satisfy the existing performance conditions which pertain to the corporate action,” RBPlat indicated. It added: “As a further consequence of the extension, the executives remain eligible to participate in the company’s short-term incentive scheme for the current financial year.” Read the full original of the report in the above regard by Andries Mahlangu at BusinessLive. See too, Phiri, Carr to stay on at RBPlat until buyout is concluded, at Mining Weekly Other general posting(s) relating to mining
SA missing out on tourism jobs bonanza, hotel boss laments TimesLive Premium writes that Covid-19 has fundamentally changed global travel, and SA needs to get with the programme or risk missing out on new opportunities. That was the take-home message from a gathering of several top hoteliers in Cape Town on Wednesday. While Sun International has seen a welcome return of foreign visitors, SA is missing out on a post-Covid tourism bonanza as it fails to resolve its cumbersome visa requirements, according to Sun International COO Graham Wood. While many prime tourist destinations are simplifying visa requirements for visitors, SA’s visa regime is said to be too complicated. In addition, the country needs to address skills training in the tourism sector to realise the huge job-creation potential. “It’s absurd,” Wood said of the disjuncture between SA’s unemployment figure and unrealised tourism potential. The country urgently needed to make tourism “a priority industry”, he stated. Wood told a press briefing: “We talk about it, but we don’t do it. There’s so much more potential [for the industry] to grow and be a major employer of people.” He identified visa requirements and “airlift” — airline carrying capacity — as two key determinants of future growth. “We are making it difficult to come here — we should be giving visas on arrival,” he added. Education was another local stumbling block, which could be addressed by adding tourism and travel to curricula. Read the full original of the report in the above regard by Bobby Jordan at TimesLive Premium (subscriber access only) Other internet posting(s) in this news category
Motsoaledi's decision on Zimbabwean Exemption Permit does not take rights away, High Court is told News24 reports that the North Gauteng High Court heard on Wednesday that Department of Home Affairs (DHA) Minister Aaron Motsoaledi's decision not to create a further exemption programme for around 178,000 Zimbabwean nationals living in SA did not take away their rights – it confered them. This was one of the arguments by Motsoaledi and the DHA’s director-general in a court challenge by the Helen Suzman Foundation (HSF). During the economic and political strife in Zimbabwean in 2008 and 2009, many of the country's nationals fled to SA. The SA government at the time decided to create a blanket exemption so Zimbabweans could get permits to live and work in the country legally. The permits were effectively extended over the years and have since become known as the Zimbabwean Exemption Permit (ZEP). In December 2021, Motsoaledi announced the termination of the ZEP, effectively announcing no further exemption would be created for holders and their children. This decision was challenged by the HSF, which argued in court Motsoaledi's decision was procedurally unfair and irrational. It claimed he did not consider the impact this would have on ZEP holders, and it infringed on their rights. On Wednesday, Advocate Ismail Jamie SC, for the government, dismissed the issues raised by the foundation and premised the respondents' arguments around the fact the decision made was a policy decision. He argued such a policy decision was not up for judicial scrutiny and only the policy's implementation could be challenged in a court of law. In terms of implementation, Jamie said this was ongoing as ZEP holders were given until June 2023 to regularise their stay in SA by applying for other visas or asking to be exempt from the expiration of the ZEP. He reiterated there was no legal obligation to create the blanket exemption in the first place, nor the exemptions that followed. Read the full original of the report in the above regard by Alex Mitchley at News24. Read too, Motsoaledi’s decision on Zimbabwe exemption permits ‘was not irrational’, at BusinessLive (subscriber access only)
President signs into law Employment Equity Amendment Bill Engineering News reports that President Cyril Ramaphosa has signed into law the Employment Equity Amendment Bill of 2020, thereby amending the Employment Equity Act with new measures intended to promote diversity and equality in the workplace. The Presidency said in a statement that the Act sought to advance transformation of SA’s workforce by setting equity targets for economic sectors and geographical regions and requiring enterprises to develop transformation plans. The law requires employers with more than 50 employees to submit employment equity plans for their companies, spelling out how they will achieve these targets. "Among its key provisions, the amendment Bill empowers the Employment and Labour Minister to set employment-equity targets for economic sectors, as well as regions where transformation is lagging. The amendment Bill also empowers the Minister to regulate compliance criteria to issue compliance certificates, according to Section 53 of the Employment Equity Act." The amended Act allows the Minister to set regional targets, given that racial diversity in SA often has regional differences, the Presidency added. Furthermore, in the area of remuneration, the law requires employers to pay workers equal pay for equal work. It provides definitions of discrimination and sets out what workers can do when facing such discrimination, including lodging grievances with the CCMA or the Labour Courts. Read the full original of the report in the above regard at Engineering News Solidarity gearing up for major litigation over new ‘race law’ Solidarity indicated on Wednesday that it was preparing for a “huge legal battle” over new employment equity legislation. This after President Cyril Ramaphosa earlier in the day signed the Employment Equity Amendment Bill of 2020 into law. According to the trade union, on 23 August 2022 it had already written to the President, pointing out that the amendments were unconstitutional. Solidarity also obtained legal opinion confirming this, while it furthermore made submissions to that effect to Parliament. “The president is therefore aware of the fact that Solidarity would go to court should he sign this Act into law. This is precisely what he has now done, and we are now preparing for court,” Solidarity Chief Executive Dr Dirk Hermann pointed out. According to Solidarity, the legislation grants draconian racial powers to the labour minister. The union’s legal team will apparently serve court papers soon. In Solidarity’s view, the Act is unconstitutional and is moreover directly contrary to an earlier finding of the SA Human Rights Commission that indicated that even in its current format SA’s racial legislation is unconstitutional and not in accordance with international norms and values. “This Act which imposes race targets on all sectors will have dire consequences for our economy. New definitions of “designated employers” will force small businesses to remain small and will cost thousands of jobs,” Hermann contended. Read Solidarity’s press statement in regard to this matter at Solidarity News. Lees ook, Wet op Diensbillikheid: Solidariteit maak gereed vir enorme regstryd, by Maroela Media
SA Post Office, which owes billions to creditors, placed under provisional liquidation BL Premium reports that the SA Post Office (Sapo) was placed under provisional liquidation on 9 February following a successful court application by a creditor owed money for rent. Two provisional liquidators were appointed by the Pretoria High Court on 23 March and last week they received the certificate of appointment. The provisional liquidators are Anton Shaban and Hlamalane Jerry Musi. The technically insolvent Sapo has lost money every year since 2013 and has been forced to close branches all over the country. In February it announced a plan to cut 6,000 jobs, which it later reduced to 3,000. According to its most recent financial statements for the 2021/22 year to end-March 2022, it owed more than R4.4bn to creditors and its debt exceeded its assets by R4bn. It received a R2.4bn bailout from the National Treasury in the budget announced in February. Shaban said: “Provisional liquidators are in essence court-appointed caretakers. Our job is to ascertain, maintain and protect the assets of the provisionally liquidated entity, in this instance the Post Office, until the appointments of liquidators are made final.” He said the case would return to court on 1 June. The provisional liquidation is the latest in a number of woes befalling Sapo. Its medical scheme Medipos was placed under provisional curatorship in February. Sapo owes it almost R700m in contributions for its employees. Read the full original of the report in the above regard by Katharine Child at BusinessLive (subscriber access only)
CCTV technician arrested over Thabo Bester's prison escape News24 reports that a CCTV technician is expected to appear in the Bloemfontein Magistrate's Court on Thursday in connection with convicted rapist and murderer Thabo Bester's escape last year from the Mangaung Correctional Centre. The 44-year-old man, who was arrested on Tuesday, was an employee contracted to a company that installs and maintains cameras at the prison. He faces charges of aiding and abetting a convicted prisoner to escape from lawful custody, defeating the ends of justice, and violation of a dead body. It had been believed that Bester died in his cell in May last year. However, last month authorities conceded Bester had escaped from prison on 3 May 2022 and it was revealed that the body found in the cell was not Bester's. Bester and his girlfriend, aesthetics doctor Nandipha Magudumana, were on the run from 22 March and were eventually tracked down and arrested in Tanzania on Friday night. On Tuesday, Magudumana's father, Zolile Sekeleni, and Senohe Matsoara, a former G4S staffer, appeared in the Bloemfontein Magistrate's Court in connection with the prison escape. Meanwhile, the Gauteng SAPS tracking team has seized a white Porsche Cayenne, believed to belong to Magudumana, in Lichtenburg, North West. The 28-year-old male driver was taken into police custody and is currently being questioned. Read the full original of the report in the above regard compiled by Jenna Verster at News24. Read too, Security technician hands himself over after Bester escape, MPs told, at BusinessLive (subscriber access only) G4S reveals how guard neglected his duties when Facebook rapist Thabo Bester escaped News24 reports that Parliament's justice and correctional services portfolio committee learnt on Tuesday that G4S guard Senohe Matsoara, who appeared in the Bloemfontein Magistrate's Court that day along with Zolile Sekeleni, was the on-site night duty supervisor the night convicted rapist and murderer Thabo Bester escaped from prison. Bester escaped from the Mangaung Correctional Centre (MCC) in Bloemfontein on 3 May 2022 after a fire broke out in his cell. He was recently rearrested with celebrity doctor Nandipha Magudumana in Tanzania. The guard and Magudumana's 65-year-old father have also been arrested. They have been charged with murder, defeating the ends of justice, and aiding an escape. Matsoara faces an extra charge of arson for the fire in the cell. On Tuesday, Cobus Groenewoud of G4S Africa addressed the portfolio committee on the escaped convict. He said Matsoara was suspended and ultimately fired for failing to follow clear and well-established MCC policies and procedures. Amongst other infractions, Matsoara failed to complete rounds and inspections, and ignored warnings of smoke. He was dismissed on 29 September 2022 and police arrested him last week. Two central control room officials were also suspended and then fired because they failed to "follow clearly established MCC policies and procedures and did not monitor and report events in a timely manner". Groenewoud told the committee that all three dismissed officials were taking G4S to the CCMA. Read the full original of the report in the above regard by Alex Patrick at News24 Other internet posting(s) in this news category
Over 100 senior Gauteng health officials undergo vetting process by SSA to 'strengthen government systems' News24 reports that more than 100 senior management service (SMS) officials in the Gauteng health department have submitted their documents for vetting by the State Security Agency (SSA). According to Gauteng MEC for Health and Wellness, Nomantu Nkomo-Ralehoko, the process will strengthen the department's governance systems. Of the 106 human resources (HR) and supply chain management (SCM) employees, 104 have submitted their documents, two missed the deadline, while nine have received clearance from the SSA. The department said the SSA would vet about 1,600 employees in total. "In addition to the SMS members, 1,487 SCM and HR officials have submitted their completed forms for SSA to process, making the total number of officials being vetted 1,593. The vetting process is a detailed exercise that is quite involved and requires officials to submit various documents and references," the department indicated. It came under scrutiny after corruption allegations were brought to light by the murder of whistleblower Babita Deokaran in August 2021. Deokaran had been a senior finance official in the department and she flagged several suspicious payments relating to the R1 billion Tembisa Hospital tender scandal. Read the full original of the report in the above regard by Cebelihle Bhengu at News24. See too, More than 1,000 officials in Gauteng health, HR subjected to vetting process, at TimesLive
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