news shutterstockIn our Wednesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.


OCCUPATIONAL HEALTH & SAFETY

Shot KZN cop wins full compensation in post-traumatic stress disorder case

TimesLive Premium reports that a KwaZulu-Natal policeman, whose bulletproof vest saved his life when he was shot in 2015, has won his case for full compensation for post-traumatic stress disorder (PTSD).   Trevor Ramanand launched an appeal in the Pietermaritzburg High Court against a ruling made by a tribunal convened by the Department of Employment & Labour’s Compensation Commissioner that he was only entitled to 39% of his salary. But Judge Rob Mossop ruled that the tribunal had been wrong, and that it appeared to have overlooked that the Compensation for Occupational Injuries and Diseases Act must be interpreted where possible in a manner that was “most beneficial to the claimant”. It had also “misrepresented the provisions of the act”, and incorrectly relied on a circular, which unlawfully capped claims for PTSD.   Ramanand was a warrant officer with 25 years’ service when “a most catastrophic event befell him”. Following a shooting incident, Ramanand was diagnosed with PTSD. In spite of receiving treatment, he never regained his functionality and was determined unfit for duties in July 2016 on the basis that he was permanently disabled and not able to work in the open labour market. Ramanand lodged a claim with the Compensation Commissioner, who determined, without giving reasons, his degree of permanent disability to be 39%. This meant he would only receive a monthly pension of about R7,000, based on his salary of R25,000. Ramanand lodged an appeal with the tribunal, but it was dismissed and he then turned to the court. Judge Mossop noted that the schedule to the Act determined that any injury causing permanent total disablement required 100% compensation and said this applied to Ramanand. “His PTSD was caused by the stressful event and rendered him totally unfit to continue with his employment,” he said, ruling that he was entitled to 100% compensation backdated to January 2015, with annual increases.

Read the full original of the report in the above regard by Tania Broughton at TimesLive Premium (subscriber access only)

Police officer and another person die after truck ploughs into accident scene on N1 in Kroonstad

News24 reports that a Free State police officer and a woman died after a truck ploughed into an accident scene on the N1 near Kroonstad on Monday. Police spokesperson Sergeant Mahlomola Kareli said the police officer, Sergeant Ishmael Morake, was regulating traffic after a bakkie and a truck crashed into each other, 15km toward Kroonstad from Ventersburg, when another truck “came out of nowhere and claimed his life and [the life of] a passenger, 34." The woman who died is believed to have been a passenger in the bakkie that was involved in the initial crash, in which there had not been any casualties.   According to Kareli, the fatal accident was due to road debris caused by the first accident. Police are investigating two counts of culpable homicide. No arrests have yet been made. Free State police provincial commissioner, Lieutenant General Baile Motswenyane, conveyed her condolences to the family of the deceased and added: When police officers leave their homes to report on duty, there is always a possibility that they will not see their loved ones again. The reality of what happened last night hits hard.”

Read the full original of the report in the above regard by Tshepiso Motloung at News24. Lees ook, Polisieman, passasier sterf toe trok deur ongelukstoneel ploeg, by Maroela Media


SOE BOARD APPOINTMENTS

Sudden decision to appoint new SAA board 'stinks' of corruption, says Numsa

TimesLive reports that the National Union of Metalworkers of SA (Numsa) says the sudden appointment of the new interim SAA board “stinks” of corruption. Department of Public Enterprises Minister Pravin Gordhan on Monday announced the appointment of an interim eight-member board, chaired by former tourism minister Derek Hanekom. Gordhan said the interim board, effective from 15 April, would serve until the introduction of strategic equity partner Takatso Consortium. According to Numsa, the timing was suspicious. It said Gordhan gave no reasons for firing the previous board nor what it had failed to do to justify the hasty removal.   “Their statement was released shortly after we released a statement exposing Gordhan for secretly firing the old board of SAA on April 14 and replacing them. Their statement was a shoddy attempt to legitimise an illegitimate process. This proves that Numsa was right to question the motives of minister Gordhan,” claimed Numsa general secretary Irvin Jim. He listed reasons the union believed the sudden appointment “stinks of corruption”. The union said once Takatso took over there would be a sale of SAA’s assets. “They will need to raise money to fund the airline, and selling its assets is the fastest way to do that,” it asserted.

Read the full original of the report in the above regard by Shonisani Tshikalange at TimesLive

Other internet posting(s) in this news category


EXECUTIVE REMUNERATION

SA's highest-paid life insurance CEOs

Fin24 reports that as Old Mutual (OM) become one of the first companies in SA to reveal the gap between its highest and lowest paid employees, the annual reports of the country's listed life insurers showed eye-watering executive pay packages. The OM figures showed that in 2022, the top 5% earned an average of R2.3 million in guaranteed pay, while the bottom 5% made R185,845 Accordingly, employees in the top 5% earned 12.4 times more than those in the bottom 5%. However, inclusive of total guaranteed package plus short- and long-term incentives (like bonuses) and dividends, the pay differential between the bottom 5% and the top 5% rose to 19.1 times. OM’s executives, meanwhile, received total pay of R116.9 million, a 37% increase year on year. CEO Iain Williamson's total remuneration grew by R6.8 million to R22 million.   In 2022, Discovery CEO Adrian Gore saw his total pay increase by more than R10 million to R28.3 million. However, the average salaries of Discovery employees increased by only 5.5%, even as Gore’s base pay went up by 7.9%.   Sanlam's 2022 remuneration report showed a decrease in total executive remuneration from R200 million in 2021 to R180.7 million. CEO Paul Hanratty's total remuneration of R6.1 million remained unchanged from 2021.   In Momentum Metropolitan Holding's (MMH’s) case, the top three executives received a pay increase of 5%. Their long- and short-term incentives also fell significantly from 2021, leaving their total pay almost flat. Group CEO Hillie Meyer's total pay was almost unchanged at R10.7 million.

Read the full original of the report in the above regard by Londiwe Buthelezi at Fin24 (subscriber access only)


TONGAAT HULLET

Former Tongaat Hullet CFO fined R6m by JSE, barred for 10 years from boards of listed companies

BusinessLive reports that former Tongaat Hullet CFO Murray Munro cannot escape taking responsibility for the accounting fraud that took place under his watch and which brought the company to its knees.   An investigation by the JSE found that Munro’s “actions and failure to comply with important provisions of the listings requirements” contributed to the publication and “dissemination of material misstatements to Tongaat’s consolidated financial statements for the periods 2011 to 2018”. The JSE imposed a R6m fine and banned Munro from being a director of a listed company for 10 years. The JSE said when it informed Munro of its findings, he indicated that he did not agree with them and would be challenging them. Munro subsequently applied to the Financial Services Tribunal for an order suspending the decisions of the JSE. “On 18 April 2023, the deputy chairperson of the Financial Services Tribunal, retired judge Harms, dismissed the suspension application, other than agreeing to suspend the payment of the fine that the JSE has imposed on Mr Munro. In the circumstances, the JSE is entitled to publish this censure and to disqualify Mr Munro from holding the office of a director or officer of a listed company for a period of 10 years,” the bourse indicated. It added that it would await the decision on the reconsideration application as it related to the fine and would continue to oppose the application.

Read the full original of the report in the above regard by Kabelo Khumalo at BusinessLive


STAFF RETRENCHMENTS

Pick n Pay says restructure likely to result in ‘a few hundred’ job losses

BusinessLive reports that retailer Pick n Pay on Tuesday said a decision to do away with more than 1,000 junior managers was unlikely to lead to as many retrenchments because most of them would be redeployed.   Chief business transformation officer David North said the group had “several thousand junior managers” and only certain roles, including receiving managers and their service counterparts, were affected by the Section 189 legal process dealing with retrenchments. He said more than 1,000 people could be affected, but “we believe the majority of those [affected managers] will be placed back in equivalent roles in the business. We envisage a few hundred will be affected.” North went on to explain: “We are planning to create several hundred jobs at a more junior level at our stores to improve customer service. There will be more jobs. We are encouraging our colleagues who might be affected to be flexible.”   Management and leaders of the Joint Affirmative Management Forum (Jamafo), the trade union representing the affected staff, are set to meet at the CCMA on Thursday. North said the restructuring was explained to Jamafo leadership. “We had several meetings with them. They are pushing back against the proposal, that’s why we are in the CCMA,” he indicated.

Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive


HOUSING PERKS

Some senior civil servants in North West have evaded paying rent for 18 years

SowetanLive reports that for 18 years government employees in the North West, some as senior as provincial heads of departments (HODs) and directors earning salaries of up to R1m a year, have been staying in state properties for free. Some of these senior civil servants have handed the state properties to their relatives and other tenants who are not working for the state.   The properties include residential houses and flats, with rental fees ranging from R900 to R4,576 a month.   Now the Department of Public Works (DPW) in North West is starting a process of vetting occupants at more than 2,000 properties it owns in the province in order to recoup about R71m owed to it in unpaid rentals by defaulting government employees. “The process will mean going into each and every property we own to verify who lives there because there have been cases of civil servants who gave away these properties to their relatives and some are renting them out to foreigners. Despite being owed more than R70m, we also pay a lot of money for rates and taxes to municipalities because these tenants don’t even bother to pay for those,” public works MEC Gaoage Oageng Molapisi indicated. He said civil servants in the province were simply refusing to pay rent without giving meaningful reasons and were “ripping off the government”.

Read the full original of the report in the above regard by Mpho Koka at SowetanLive


APPOINTMENTS / VACANCIES

Theewaterskloof Municipality appoints an acting municipal manager – for a three-month period

News24 reports that the Theewaterskloof Municipality in the Western Cape has appointed Wilfred Solomons-Johannes as the acting municipal manager following the resignation of Boy Manqoba Ngubo last week.   During a special council sitting on Monday, Solomons-Johannes was appointed for a period of three months.   Processes are apparently being followed to appoint a full-time municipal manager. Ngubo quit the municipality just five months after being appointed on a five-year contract. His replacement Solomons-Johannes is said to be a seasoned municipal official, who previously held senior positions in the City of Cape Town. He has also previously acted as Theewaterskloof's municipal manager.   Kallie Papier, the mayor of Theewaterskloof, said the coalition government – the ANC, PA and GOOD – would ensure the authority was not left leaderless and that Solomons-Johannes would provide guidance until a full-time appointment was made.

Read the full original of the report in the above regard by Marvin Charles at News24

DA laments that only 5 out of 87 vacant ranger posts filled at Kruger National Park

The DA revealed on Tuesday that SAN Parks management had in a year only filled five of the vacant 87 ranger posts at Kruger National Park. This was revealed in response to a DA parliamentary question last month, which followed on from an answer received last year. In the previous answer in March 2022, it was exposed that 87 posts were vacant and that there were no immediate plans to fill them.   The DA’s Shadow Minister of Forestry, Fisheries and Environment, Dave Bryant MP, pointed out that they had been saying for years that filling these posts would help to contribute significantly towards fighting the rampant poaching of wildlife, in particular endangered wild rhino. He commented: “It is now essential that more funding be prioritized towards filling the remaining 82 vacant ranger posts as a matter of urgency, to assist in the ongoing fight against rampant rhino poaching and the associated criminal syndicates.   There can be no excuse for not filling these critical positions. The ANC government cannot continue to leave these positions vacant while South Africa’s remaining wild rhinos are butchered and their body parts shipped off to China.” The DA called on Minister Barbara Creecy to ensure that funding was made available to fill the remaining 82 ranger posts at Kruger National Park.

Read the DA’s press statement in this regard at DA News. Lees ook, Slegs vyf van vakante poste by Krugerwildtuin gevul, by Maroela Media

Other internet posting(s) in this news category


UNFAIR BURSARY DISCRIMINATION

Solidarity threatens UKZN with legal action over ‘unfair’ bursary discrimination

The Witness reports that on Tuesday Solidarity threatened the University of KwaZulu-Natal (UKZN) with legal action if the institution was not able to justify the distinction it was making in the awarding of bursaries and fellowships based on race. This came after the university’s Department of Health Sciences advertised bursaries and fellowships with different financial values for different races attached to them. According to the trade union, the university’s advertisement indicated that bursaries awarded to “black South African citizens” for masters’ and doctoral degrees were to the value of R120,000 and R60,000 respectively, whereas the bursaries awarded to “other South African citizens” were only to the value of R80,000 and R45,000”. According to Solidarity’s deputy chief executive on legal matters, Anton van der Bijl, fellowships at the faculty were awarded in a similar manner. “If the university does not offer a satisfactory reply before May 4, we will challenge them in court and we will force the university to justify their actions,” he warned.

Read the full original of the report in the above regard by Chris Ndaliso at The Witness. See Solidarity’s press statement regarding this matter at Solidarity News. Lees ook, Regstappe kom dalk oor UKZN se ‘diskriminasie’, by Maroela Media

Other internet posting(s) in this news category

  • Meer as R5 miljard se NFSAS vir studente wat nie kwalifiseer, by Maroela Media


PROFESSIONALS’ INSURANCE / INVESTMENT

PPS soars as skills shortage shields SA's professionals from job losses

Fin24 reports that PPS, the financial services firm focused exclusively on graduates and professionals, recorded record inflows in 2022, with both its life insurance and investments businesses faring well in a tough market. PPS's new business volumes on life insurance grew by 10% in SA for the year ended on 28 February – and gross new investment flows increased by 9%. Its lapse rate, or rate at which policies were not renewed, was also "industry-leading by world standards," CEO Izak Smit indicated. While professionals have not been immune to the effects of a deteriorating economy, SA still faced a shortage of skills, providing some cushion at least, said Smit. The other reason for lower lapses was that professionals started appreciating the value of insurance cover more after Covid-19. Smit said PPS was initially concerned that the financial pressures people faced since Covid-19 would push up the lapse ratios, but its clients held on to their policies. Given its profit-sharing model, PPS paid its members R5 billion in gross benefits, although that was R1.1 billion lower than in 2021. The group made a cumulative profit-share allocation of R32 billion to its members in the past 10 years. The resilience of the professional market has also helped PPS grow its newer venture, PPS Investments, more rapidly. The investment business more than doubled its assets under management (AUM) and the number of investors in the five years to the end of 2022.

Read the full original of the report in the above regard by Londiwe Buthelezi at Fin24 (subscriber access only)


UPHELD DISMISSAL

Gauteng teacher who caused havoc at school fundraising event loses bid for reinstatement

TimesLive Premium reports that a teacher who was sacked for misconduct after being found guilty of disrupting a fundraising event at school has lost his bid for reinstatement. In a recent award, the Education Labour Relations Council (ELRC) confirmed that the dismissal of Lwazi Zulu, a former teacher at Illinge High School in Ekurhuleni, Gauteng, had been “procedurally and substantively fair”. Zulu was booted out in June 2021 and lost a subsequent departmental appeal against his dismissal. He then lodged a dispute with the ELRC. Zulu was charged and found guilty of conducting himself in a disgraceful and unacceptable manner by pushing over tables and throwing money collected from the pupils on the floor during a fundraising civvies day event in July 2019. He was also found guilty of intimidating and victimising the principal, Phindiwe Jakuda, in April 2019. According to the ELRC award, Zulu had also previously been found guilty of misconduct and had been suspended from duty in June 2019, without pay. He had been given a final written warning for that offence. In comment on the ELRC’s award, SA Democratic Teachers’ Union (Sadtu) provincial secretary for Gauteng, Tseliso Ledimo, said it was “regrettable” to lose a job. “We are going to analyse the award and determine prospects of success at the labour court,” she indicated.

Read the full original of the report in the above regard by Prega Govender at TimesLive Premium (subscriber access only)


COMMUTING / TRANSPORT

Activists take Parliament to court over Prasa maladministration

GroundUp reports that six months ago, #UniteBehind submitted complaints to the Joint Committee on Ethics and Members’ Interests against six ANC MPs for their role in the collapse of the Passenger Rail Agency of SA (Prasa). With no sign that the Ethics Committee was taking action against the subjects of their complaint, on Monday the commuter activist group launched an application in the Western Cape High Court. The MPs cited are Sfiso Buthelezi, Dipuo Peters, Joe Maswanganyi, Dikeledi Magadzi, Fikile Mbalula, and Mosebenzi Zwane (Mbalula resigned as an MP in March as he took up the position of ANC secretary-general, as did Magadzi in the same month). Each of these MPs #UniteBehind alleges “facilitated and enabled state capture and corruption through a failure of their ethical and legal duties of care”.   Buthelezi, the Chairperson of the Standing Committee on Appropriations, is alleged to have directly benefited from corruption at Prasa. Despite numerous letters and requests for information from the Ethics Committee about its complaints, the Registrar and the Committee “have failed to provide any effective updates”, and “repeated requests have effectively been ignored”.   The commuter activists have asked the High Court to declare the seeming inaction from the Ethics Committee unlawful and unconstitutional, and to direct the committee’s Registrar to “process, investigate and decide the complaints” according to a schedule determined by the court. They also want to be able to return to court if the committee and Registrar do not comply with the court’s timetable.

Read the full original of the report in the above regard by James Stent at GroundUp


REPORTS OF INTEREST

  • Andre de Ruyter to appear virtually before Scopa, at BusinessLive
  • Frans Rautenbach: Employment Equity Amendment Act, merit still matters, at BusinessLive
  • Exxaro sets sights on renewables, at BusinessLive

 


Get other news reports at the SA Labour News home page