In our Friday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Labour Court throws out ‘false and unreliable’ breathalyser test, orders mineworker’s reinstatement The Citizen reports that a mineworker fired for allegedly arriving at work drunk might get his job back after the Labour Court (LC) deemed his breathalyser results as false and unreliable. The case was brought by Samancor Chrome seeking to have an arbitration award in the employee’s favour reviewed and set aside. The LC heard how the employee was tested on arrival at work and the results came back as positive for alcohol. The worker denied that he had consumed alcohol and was tested again with a different device. The second test came out positive again. The employee immediately contacted his medical doctor, who arrived and drew a blood sample from him for testing at a laboratory. The laboratory test result found no traces of alcohol in the employee’s blood and he launched a case to get his job back. LC Judge André van Niekerk upheld the arbitrator’s original decision in his judgment this week. He noted that evidence showing that breathalyser tests were prone to give “false positive results” was corroborated in court. The arbitrator had rightly been adamant that the employee’s disciplinary hearing ought to have taken the more accurate and reliable laboratory outcome into consideration, said Van Niekerk. The company failed to prove misconduct by the dismissed employee, he added. Reacting to the judgement, labour law expert Andrew Levy said breathalysers were a common and well-established practice in workplaces and in labour law. He opined that the judge’s take on breathalysers would not make employers let go of the tests completely. It was just one judgment and there were many cases that upheld breathalysers, he observed. In Levy’s view, the main issue should have been whether the company acted reasonably when dismissing the worker. Read the full original of the report in the above regard by Getrude Makhafola at The Citizen (subscriber access only). Read too, Workers may not be fired solely on breathalyser test, court rules, at BusinessLive
Transnet manager gunned down while taking a smoke break from chairing disciplinary meeting TimesLIVE Premium reports that KZN police are investigating the death of a Transnet manager who was gunned down in a drive-by shooting outside the company’s Durban offices on Monday. Vinesh Bhoonpershad, a manager based in Vryheid, had been presiding over an internal disciplinary matter. He was shot by an unknown assailant while he was outside on a smoke break during a break in the disciplinary proceedings outside the Transnet Engineering premises. Transnet would not disclose the nature of the disciplinary matter or comment on any current investigation. A KZN police spokesperson said the motive for the shooting was unknown. Apparently, however, among internal investigations by the company was one relating to an alleged fuel theft syndicate. In March, the Hawks revealed that almost 8.5-million litres of fuel valued at more than R100m were stolen from Transnet’s transnational pipes over the past year. That led to the arrest of 49 suspects in the third quarter. Meanwhile, Transnet Freight Rail (TFR) announced in March that it was investigating allegations of what is referred to as a “ghost trains” operation. SA Transport and Allied Workers’ Union (Satawu) spokesperson Amanda Tshemese said the union would not comment on any ongoing investigation, but called on the organisation to get to the bottom of its investigations and rid itself of corruption. Read the full original of the report in the above regard by Lwazi Hlangu at TimesLIVE Premium (subscriber access only) Hawks officer and three suspects killed in bloody Mamelodi shootout on Thursday The Citizen reports that a member of the Hawks’ Tactical Operations Management Section (Toms) has been killed in a shootout with a group of suspects in Mamelodi during a sting operation. Three suspects were also killed during the shootout which took place on Thursday (8 June). Hawks spokesperson Brigadier Nomthandazo Mbambo said the tactical officers were monitoring a house in Mamelodi where it was believed that high-calibre rifles were being kept. “The members executed an operation upon receipt of information regarding the mentioned illegal firearms kept in a shack at an informal settlement in Lusaka, Mamelodi. The information was operationalised and the Toms team tactically approached the given shack. As they approached the address, the suspects took shots at the members and a shootout ensued. Three suspects were fatally shot and one Toms member was fatally wounded. Several firearms were seized,” Mbambo reported. National Head of the Directorate for Priority Crime Investigation, Lieutenant General Godfrey Lebeya, expressed his heartfelt sadness in the loss of such a dedicated member of the Hawks. Read the full original of the report in the above regard by Faizel Patel at The Citizen. Read too, Hawks officer, three gunmen dead after shootout in Mamelodi, at News24. En ook, Valke skiet drie verdagtes dood, by Maroela Media Forklift 'not a motor vehicle', SCA rules in case in which Spar employee was knocked over Fin24 reports that the Supreme Court of Appeal (SCA) has dismissed an appeal against an earlier decision of the high court involving a Spar employee, who was admitted to hospital after being knocked down by a forklift at her workplace. At issue was whether she was owed compensation by the Road Accident Fund (RAF). Lawyers argued successfully that the incident occurred at the receiving bay of the store where she worked, which was a private loading facility and not a public road – and therefore not covered by the RAF Act. The High Court in Thohoyandou, Limpopo had earlier been presented with the case involving an employee of the Nzhelele Spar in the Vhembe district identified only as Ms Menangwele. She was knocked down by a forklift driven by insured driver Mashudu Tshishonga and sustained injuries that resulted in her being admitted to hospital. She filed for damages against the RAF, which conceded the merits at 80% in her favour, provided the high court found the forklift to be a motor vehicle. The insured driver denied that the forklift would sometimes be driven outside the premises or around the parking areas. According to him, he was specifically told and trained not to drive the forklift on the main road. "The receiving area is a private area and not a road. It was used only to receive and load goods and was not used by the general public. Therefore, the SCA held that it did not qualify to be classified as a motor vehicle for purposes of the RAF," a statement from the SCA on Thursday indicated. Read the full original of the report in the above regard compiled by Marelise van der Merwe at Fin24 Other internet posting(s) in this news category
SCA slams police for neglecting to help Mpumalanga banana farmers during violent strike in 2007 News24 reports that the Supreme Court of Appeal (SCA) has found that the police were negligent when they failed to protect private property during a violent strike on a banana farm in Mpumalanga. In a recent judgment, the court found that the police minister, the national police commissioner and the Mpumalanga police commissioner should have protected the farm when they were called on for help during a 2007 strike, but they did not. Umbhaba Estates spans farms in Hazyview, Kiepersol and Hectorspruit and specialises in bananas and avocados. When it bought the Kiepersol farm and took on its 100 workers, a strike took place over changed working conditions. The main complaint was that the employees had not worked Saturdays for the previous owner and resisted working on Saturdays for the new owner. The workers gave management notice of a strike towards the end of June 2007. The estate notified police of the strike and the potential for violence. From 7 July 2007 until the end of that month, violence associated with the strike was intense. There was intimidation, malicious damage to property, assault, theft, looting, blockades and arson. The court noted that the estate repeatedly asked the police for help and even got a court order against the strikers, but very little help was forthcoming. The SCA said the North Gauteng High Court was correct in finding the police's conduct unacceptable, and dismissed the minister and the commissioners' appeal to that ruling. The judges said the police had had a constitutional duty to intervene and agreed with the lower court that the police had been negligent. Whether this caused the damage, and if so how much, still has to be decided. Read the full original of the report in the above regard by Jenni Evans at News24 (subscriber access only). Lees ook, ‘Polisie nalatig’ tydens Umbhaba-staking, bevind appèlhof, by Maroela Media
Government’s commitment to a social compact for economic growth only ‘cheap politicking’ BL Premium reports that social partners at the National Economic Development and Labour Council (Nedlac) have criticised the government’s lack of leadership in steering efforts aimed at hammering out a comprehensive social compact to tackle slow economic growth and rising unemployment in SA. During his state of the nation address in February, President Cyril Ramaphosa announced that the government and its social partners would within 100 days hammer out a comprehensive social compact. In March, Ramaphosa, criticised by former president Thabo Mbeki for making false promises to the nation, sought to explain why the social compact had not been realised: “We had wanted to have a comprehensive social compact and we had put together a timeline and we were not able to reach that timeline, but what we have seen over time is that we have been able to reach a number of compacts.” The social partners on Thursday berated the government, saying it lacked seriousness to see to the cohesion required for strong economic growth. Nedlac executive director Lisa Seftel responded to a list of questions with a one-liner: “Nedlac has not been involved in the proposal of the president for a social compact as spelt out in his [state of the nation address] in 2022.” Nactu’s Narius Moloto put the blame for the snail’s pace squarely at the government’s door, saying: “There is no leadership and no commitment to this thing.” He described announcements around the social compact as “cheap politicking” akin to making empty promises. Cosatu’s Matthew Parks said there had not been “much progress”, and blamed the government for dragging its feet and cancelling meetings at the 11th hour. Fedusa’s Riefdah Ajam said things had regressed. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only)
Home Affairs extends the validity of Zimbabwe Exemption Permits until the end of the year News24 reports that Department of Home Affairs (DHA) Minister Aaron Motsoaledi has extended the Zimbabwean Exemption Permits (ZEP) for another six months from 30 June to 31 December 2023. The extension comes after the department had "approved thousands of waiver applications of the affected Zimbabwean nationals" and was "considering and approving waiver applications daily". This has resulted in a significant increase in the number of visa and waiver applications. The department, said Motsoaledi, had been receiving between 1,000 and 1,500 visa and waiver applications daily, and more officials have been deployed to assist in processing the applications. Under the extension, no holder of a valid ZEP may be arrested, ordered to depart the country or be detained for deportation for any reason related to them not having a valid exemption certificate. During the economic and political strife in Zimbabwe in 2008 and 2009, many of the country's citizens fled to SA. At the time, the SA government created a blanket exemption so that Zimbabweans could get permits to live and work legally. The permits were effectively extended by creating another permit over the years, which has since become known as the ZEP. More than 178,000 ZEP holders have been in SA for over a decade. Read the full original of the report in the above regard compiled by Nicole McCain at News24. Read too, a report by Nico Gous at BusinessLive (subscriber access only). En ook, Zimbabwiërs se permitte weer verleng, by Maroela Media
Polokwane dentist remanded in custody for practising without HPCSA registration IOL reports that a 42-year-old Zimbabwean man, Taurai Chihoho, who was arrested for allegedly practising as a dentist in Polokwane without the requisite registration, has appeared in court. Spokesperson for the National Prosecuting Authority (NPA) in Limpopo, Mashudu Malabi-Dzhangi, said Chihoho appeared briefly before the Polokwane Magistrate’s Court on Thursday. “It is alleged that Chihoho was found practising as a dentist, while not registered with the Health Professions Council of South Africa (HPCSA). The accused was working at a medical practice registered in Polokwane. As a result, he contravened section 17 (1) of the Health Professions Act, 56 of 1974. He was also charged with illegal immigration,” Malabi-Dzhangi advised. The matter was postponed to 15 June 2023 for further investigation and the accused will remain in custody. The NPA appealed to community members to be wary of unregistered medical practitioners. HPCSA registrar, Dr Magome Masike, commended the arrest. Read the full original of the report in the above regard by Jonisayi Maromo at IOL
Private security sector provident fund lambasted by regulator for failing member Moneyweb reports that the Pension Funds Adjudicator (PFA) has lambasted the Private Security Sector Provident Fund (PSSPF) for failing to enforce an earlier ruling to ensure Sakhile Ezweni Group paid an employee’s pension contributions on time. The regulator expressed its displeasure with the fund on Thursday when adjudicator Muvhango Lukhaimane criticised PSSPF for failing to perform its “most basic task” and called its monitoring systems into question. Lukhaimane took issue with the fund for not assisting a complainant to enforce an earlier determination against the non-compliant employer. The complainant in the matter was employed by security company Sakhile Ezweni between 1 August 2017 and 31 August 2022. She lodged a complaint with the adjudicator in which she alleged that her employer had failed to remit all provident fund contributions, despite deducting monthly contributions from her salary. Lukhaimane handed down a determination on 20 November 2019, ordering the fund to register the complainant as its member from 1 August 2017. The employer was ordered to pay outstanding contributions for August 2017 to November 2019. However, the determination was not enforced. In her latest determination, Lukhaimane only addressed the issue of the employer’s failure to pay provident fund contributions. She ordered the fund to recalculate the employer’s outstanding contributions from August 2017 to November 2019 and Sakhile Ezweni to settle the outstanding contributions. Once these have been settled, the complainant must be paid a withdrawal benefit. “This is an instance where a member is trying to protect her rights, meanwhile the fund is unable to perform one of its most basic tasks, let alone come to the aid of a proactive member,” Lukhaimane remarked. Read the full original of the report in the above regard by Akhona Matshoba at Moneyweb
Flawed NHI bill will hinder universal health coverage, medical schemes association warns BL Premium reports that according to the Board of Healthcare Funders (BHF), which represents medical schemes and administrators, the National Health Insurance (NHI) scheme as envisaged in the NHI Bill threatens the sustainability of private healthcare providers and is at odds with the constitution. The association warned on Thursday that if implemented in its current form, the NHI would hinder rather than achieve the government’s ambitions for universal health coverage. Its concerns echo those expressed recently by big business and Discovery Health, which all complained that parliament’s health committee approved the bill without any substantive changes, despite input it received from stakeholders ranging from listed companies to health activists. The bill provides for establishing a NHI Fund as sole purchaser of health services for SA citizens. Services will be bought from accredited public and private healthcare providers, and will be free at the point of delivery. Parliament’s portfolio committee on health approved the bill in May. BHF’s Katlego Mothudi said the bill would impose significant restrictions on where healthcare professionals might practise, as they would be required to be accredited by the fund and contract with it. This would interfere with their constitutional rights to practise their profession, he argued. The BHF said the bill’s provisions on the role of medical schemes were unconstitutional as they would restrict access to healthcare services. It is lobbying for a multipayer model, in which medical schemes coexist with the NHI Fund. Read the full original of the report in the above regard by Tamar Kahn at BusinessLive (subscriber access only)
Transparency has triumphed with suspension of Eskom’s reporting exemption, says Solidarity Solidarity on Thursday welcomed the Minister of Finance’s announcement to suspend Eskom’s exemption from the section of the Public Finance Management Act dealing with reporting on wasteful expenditure. After the exemption was published in the Government Gazette on 31 March, the trade union registered its opposition to it. According to Solidarity, such an exemption would have had a direct impact on fundamental principles such as accountability and transparency and it could have created a loophole to cover up crimes such as corruption. The union was also of the opinion that this would have operated to create an unbalanced and false impression about the state of affairs at Eskom, which would have deterred investors and would have had further negative consequences for the economy. “The importance of public participation should never be underestimated. Revoking this exemption is a prime example of how pressure on the government can yield the desired outcome. It is important for the South African government and its institutions to be transparent at all times. Especially in the case of Eskom, which is in urgent need of investors, we cannot afford people being misled about what is happening there,” Theuns du Buisson, economics researcher at the Solidarity Research Institute (SRI), said. According to Solidarity, the withdrawal of the exemption would ensure that Eskom would no longer be able to conceal any irregular spending. “It was an absurd proposal that had to be nipped in the bud, not only to protect Eskom from itself, but to protect the South African society as a whole,” Du Buisson observed. Read Solidarity’s press statement on this matter at Politicsweb. Read too, Treasury kills plan to exempt Eskom from reporting irregular spending, at BusinessTech
Police arrest Kruger Park ranger and his accomplices for trying to sell a live pangolin Letaba Herald reports that a field ranger from the Letaba section of the Kruger National Park was caught trying to sell a live pangolin. The ranger was arrested on Thursday along with his accomplices. SANParks officials in collaboration with the SA Police Service, Care for Wild Rhino Sanctuary, Focused Conservation Solutions and Hoedspruit Farm Watch made the arrests. According to a statement released by SANParks, investigations are ongoing and the arrested persons will be formally charged and named in due course. “The operation was initiated by SANParks through intelligence information on the impending illegal sale of the pangolin. It was however a collaborative effort from a number of dedicated and committed individuals that secured the arrest,” Isaac Phaahla, spokesperson for SANParks stated. Read the original of the short report in the above regard by The Citizen. Lees ook, Wildbewaarder vas vir ietermago-smous, by Maroela Media Woman who had been on the run for six years appears in court for allegedly defrauding nursing students of over R3m News24 reports that a Limpopo woman who was on the run for six years after allegedly defrauding students of more than R3 million while running unregistered nursing colleges, made a first appearance in Polokwane Magistrate's Court on Thursday. Salome Ngwana appeared briefly to face 33 counts of fraud. According to NPA regional spokesperson Mashudu Malabi-Dzhangi, Ngwana had appeared in other courts in the province on similar charges. It is alleged that she defrauded students who enrolled in nursing courses at Far North Nursing School. "The unregistered colleges were in Botlokwa, Morebeng, and Vhembe districts. She is also facing 40 counts of fraud in Thohoyandou, 13 in Makhado, and 43 in Morebeng Magistrate's Court. The amount of money she allegedly defrauded the students was more than R3 million. The accused was untraceable for over six years, as she was not staying at her residential address in Makhado,” Malabi-Dzhangi said. Cases were opened in 2017. Ngwana was arrested on 10 March at the OR Tambo Airport when she arrived from Zimbabwe. Her case was postponed until 15 June for her bail hearing. Read the original of the short report in the above regard by Ntwaagae Seleka at News24
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