In our roundup of weekend news, see
summaries of our selection of South African
labour-related stories that appeared since
Friday, 9 June 2023.
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Two-pot retirement fund system: Draft legislation published on how it will work Fin24 reports that on Friday Treasury published proposed legislation that will set new rules for the two-pot retirement system, scheduled to kick in on 1 March 2024. The two-pot system means employees will be able to access one-third of their retirement savings throughout their career, while two-thirds will only become accessible on retirement. The reform is meant to deter workers from cashing out their retirement savings when they resign, and also to prevent workers from resigning to access their retirement funds. The revised 2023 Draft Revenue Laws Amendment Bill and 2023 Draft Revenue Administration and Pension Laws Amendment Bill were published for public comment on Friday. Among the proposals in the proposed legislation is that current retirement fund and retirement annuity members can only withdraw up to R25,000 of their existing savings from March 2024. Members of funds will however be encouraged to only exercise the withdrawal option as a last resort, and to try to preserve their savings for retirement for when they retire. Different rules will apply to defined benefit funds, which will allow members to withdraw one-third of their pensionable service increase, while the remaining two-thirds must remain in the "retirement pot". The proposed legislation is the first phase of the legal implementation of the two-pot system. The second phase will deal with allowances for retrenched workers who have no alternative income. In the proposed legislation, the word "pot" is replaced by "component". The deadline for public comments is 15 July. National Treasury and SARS will then engage stakeholders through workshops to discuss their comments. Read the full original of the report in the above regard compiled by Helena Wasserman at Fin24. Read too, Good or bad? New retirement rules a poser, at The Citizen (subscriber access only)
Seven police officers dead in one week News24 reports that another police officer was killed on Friday in the line of duty, taking the number of officers who died last week to seven. The officers included Brigadier Jackson Mkhaulesi, who died by suicide in Bloemfontein. Detective Warrant Officer Neels Du Rand was killed at about 02:45 on Friday while responding to a crime scene. Du Rand called his colleagues at Villiers police station to inform them that he was following a hijacked truck on the gravel road between Villiers and Standerton and to request backup. Members of Villiers police station reacted swiftly and later discovered a bakkie belonging to Du Rand on a farm. Police spokesperson Sergeant Josephine Rani reported further: “They inspected the vehicle and saw the member in the car motionless. Officers had to break the window to gain entrance into the vehicle. Du Rand sustained four gunshot wounds to his back and was declared dead on the scene by emergency services. Nothing was taken from him or his vehicle. The hijacked truck was later found abandoned about 8km [away], towards Standerton.” National police commissioner General Fannie Masemola paid tribute to Du Rand, as well as to the detective commander of Mooinooi police station, Lieutenant-Colonel Morris Lekone Mohajane, who was killed in a hijacking incident outside his home. He also paid tribute to Constables Mohlopi, Mokoena and Mdende from Fochville police station, who lost their lives in a car accident on Tuesday afternoon. He furthermore offered his condolences to the family of Sergeant Maja, who was fatally shot in a shootout in Mamelodi. Read the full original of the report in the above regard by Ntwaagae Seleka at News24. Read too, Two arrested for murder of Gauteng cop who was killed responding to truck hijacking, at News24. En ook, Deurbraak ná moord op hoofspeurder van Villiers, by Maroela Media Bullet strikes ambulance, misses paramedic’s head during Harry Gwala Stadium violence on Friday Daily News reports that paramedics were caught in the crossfire when violence erupted at Harry Gwala Stadium in Pietermaritzburg on Friday afternoon. The incident happened during an ABC Motsepe National play-off match between Umsinga United and Orbit College from the North West. In one of the videos taken at the stadium from the stands, a volley of shots can be heard and crowds of people are seen dispersing from the stadium. KwaZulu Private Ambulance spokesperson Chantell Botha reported as follows on the near-fatal shootout: “Following the end of a soccer match, spectators’ disapproval of the final score resulted in bottles being thrown on to the soccer field. Shortly afterwards, a single gunshot was heard, followed by a barrage of gunfire. The medics quickly took cover behind their ambulance. As one of the medics was taking cover, a bullet hit the ambulance, narrowly missing the medic’s head. Thankfully, no one was injured during this rampage.” Read the full original of the report in the above regard by Thobeka Ngema at Daily News Western Cape taxi driver gets stiff 40-year sentence for attack on traffic cop and other crimes TimesLIVE reports that a Western Cape taxi driver has been sentenced to an effective 40 years' imprisonment for an attack on a traffic officer, among other crimes, three years ago. Bonginkosi Ndevu, 31, was sentenced at the regional court in Thembalethu, George, on Friday. Western Cape police spokesperson Sgt Christopher Spies reported that the incident occurred in August 2020 when three female traffic officers pulled over the driver of minibus taxi on the N2 near Pacaltsdorp, George, for reckless driving. “While approaching the taxi, the driver, armed with a firearm, got out of the vehicle and fired several shots, injuring one of the officials before disarming her. The suspect fled the scene on foot and various police units as well as traffic officials commenced with a search in the area. His freedom was short-lived when the team cornered him along the N2 highway. A shoot-out ensued, injuring the suspect and a police official.” Ndevu was arrested and two firearms were confiscated. The 29-year-old victim sustained several gunshot wounds during the ordeal. Ndevu was “sentenced to five years' imprisonment for the attempted murder of the traffic official, 15 years for robbery, five years for attempted murder for the attack on police officials and a combined 15 years on two counts of pointing a firearm as well as possession of an unlicensed firearm and ammunition”. Read the full original of the report in the above regard by Suthentira Govender at TimesLIVE
Former Gauteng Hawks head Shadrack Sibiya appointed to top post responsible for police detectives City Press reports that former Gauteng Hawks head Shadrack Sibiya has been appointed deputy national police commissioner responsible for detectives. Sibiya, who returned to the police service following a stint at the City of Johannesburg as head of forensics after his appointment by former mayor Herman Mashaba, is expected to oversee all investigations of the police service. Sibiya was fired in 2015 by then acting head of the Hawks Berning Ntlemeza, following a disciplinary inquiry into his alleged role in the illegal deportation of five Zimbabwean nationals in 2010. In 2020, the Labour Court found that his dismissal had been procedurally and substantially unfair, but it did not order that he be reinstated, prompting him to take the matter on appeal. Following a marathon battle to clear his name, the Labour Appeal Court last year ordered that he be reinstated to his post. Speaking after the judgment, Sibiya said: “It [the Labour Appeal Court ruling] means a lot to me and my family. I feel vindicated. I really want to thank our courts ... you can see that our courts work, and our justice system really works.” Sibiya’s name has been referenced during the ongoing murder trial of the five men accused of killing former Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa. Sibiya and others are accused of having contaminated the crime scene and of protecting some people linked to the murder. But, Sibiya pointed out that he had many years’ experience as a police officer and would not contaminate a crime scene. Read the full original of the report in the above regard by Abram Mashego at City Press
Solidarity warns minister in its comments on regulations about illegality of ‘race law’ Solidarity on Friday submitted comprehensive comments against proposed regulations in terms of the Employment Equity Amendment Act, which it described as a ‘race law’. The proposed regulations were published by the Minister of Labour and Employment for comment on 12 May. In its comments, the trade union described the proposed regulations as unlawful and irrational. Solidarity accused the government of practicing social manipulation by usurping the power to control the employment of workers on the basis of race and gender. “These proposed regulations are nothing less than a quota system in the workplace that legalises gross discrimination. The idea that any business or organisation should submit to this is absurd. Solidarity, together with about 30 other organisations, have already signed a resolution to oppose and fight these regulations. We are now submitting our comments and we speak out against the misdeeds that will be perpetrated through these regulations,” said Solidarity Chief Executive Dr Dirk Hermann. According to the Solidarity Research Institute (SRI) report in which the impact of the regulations was analysed, the implementation of the regulations would result in a mass evacuation of jobs. The SNI report forms part of Solidarity’s comments. “We reject the government’s quota system in its entirety. Should the minister refuse to heed this widespread opposition, we will see him in court soon,” Hermann stated. Access Solidarity’s comments on the regulations as well as the SRI’s impact study at Solidarity News. Lees ook, Onderwysramp op pad weens raskwotas – Solidariteit, by Maroela Media
Phaahla confirms that 124 fake doctors arrested IOL reports that Minister of Health Joe Phaahla has confirmed that 124 fake doctors have been arrested following a crackdown by the Health Professions Council of SA (HPCSA). Responding to a written parliamentary question from Vuyo Zungula of the ATM, Phaahla indicated: “Section 17 of the Health Professions Act (Act 56 of 1974) makes registration with the council a prerequisite to practise any health professions registrable in terms of the act and practising while not registered amounts to a criminal offence. According to the Health Professions Council of South Africa, 124 persons have been arrested for practising medicine without registration with the HPCSA. Unregistered persons evade these systems by working in the private sector where they either only accept cash payments or work in the practice of a registered doctor.” Phaahla also advised that the council had established an Inspectorate Office to ensure that fake doctors were cracked down on. Read the full original of the report in the above regard by Siyabonga Mkhwanazi at IOL
Lawyers severely reprimanded for bringing “hopeless cases” to Labour Court GroundUp reports that lawyers have been chastised by the Johannesburg Labour Court for bringing “absolutely hopeless cases” before it, and in the two cases the attorneys and advocates have been prohibited from charging their clients any fees. Acting Judge Smanga Sethene furthermore directed that if fees had already been paid, the lawyers had to pay back the money. The judge gave a consolidated judgment on two urgent applications “for the simple reason that both were hopeless in law and facts”. One of the case involved Unisa, which had employed Dr Marcia Socikwa as one of its vice-principals for a five-year fixed term contract, which it unfairly did not renew. Referring to Professor Vuyo Ntsangane Peach, the head of Unisa’s legal services, the judge stated: “In clear terms, Prof Peach in Unisa’s founding affidavit elected to be a stranger to the truth or perhaps he deliberately meandered into amnesia as a tactic to deceive the court.” The second matter which attracted Judge Sethene’s ire involved the Limpopo Department of Justice and Constitutional Development’s dismissal of a clerk, who later obtained an order of reinstatement from the General Public Service Sectoral Bargaining Council. Like Unisa, the department went to court urgently, when the clerk, through the Sheriff, sought to attach its assets. “For both applicants, Unisa and the department, urgency was self-created for reasons that are inexplicable, devoid of rationality and candour,” Judge Sethene said, noting that both had ignored stipulated timeframes for lodging review applications. He went on to say: “However, both applicants, powered by the prevalence of ineptitude… believed there was hope in their hopeless urgent applications.” Read the full original of the report in the above regard by Tania Broughton at GroundUp. Lees ook, Arbeidshof kasty prokureurs wat ‘hopelose’ sake bring, by Maroela Media
Suspended Emfuleni CFO pleads for leniency as municipality seeks to attach his assets Sunday Independent reports that the stand-off between the embattled Emfuleni Municipality and its suspended Chief Financial Officer (CFO), Andile Dyakala, appears to be taking a financial toll on both parties. Emfuleni suspended Dyakala last year following allegations of his role in the unlawful extension of contracts of employees in the political office. He also stands accused of unauthorised, wasteful and fruitless expenditure on short-term insurance. Since then, Dyakala and Emfuleni have been battling it out in court. After a back-and-forth with the municipality in court, in April last year, Dyakalafound himself in a tight spot when the case was struck off the roll because it lacked urgency. Moreover, he was ordered to pay legal fees that the municipality incurred from the continuous legal fray. Dyakala has now pleaded with the court to hold off on the sale of his immovable goods attached in order to pay the municipality's legal fees. In his application, Dyakala cited Section 25(2) of the Constitution, which states that every individual has the right to proper shelter. Additionally, he argued in his application that should the sale be executed, it would negatively impact his marriage. In a letter dated 26 May 2022, an attorney for the municipality broke down the costs that Dyakala was liable to settle, which amounted to R508,962. In their founding affidavit, the municipality’s legal team said Dyakala and his legal representatives were not co-operative regarding the matter, thus they had filed an application to compel. Read the full original of the report in the above regard by Tshepiso Tshabalala & Manyane Manyane at Sunday Independent
Road Freight Association concerned ZEP extension will further infuriate local truck drivers The Citizen reports that the Road Freight Association (RFA) is concerned that the decision by the Home Affairs Minister Aaron Motsoaledi to extend the validity of Zimbabwean Exemption Permits (ZEPs) will lead to violence and disruptions among truck drivers in the road freight sector. In April, frustrated truck drivers threatened to shut down major routes and bring the country’s supply chain to a halt if their concerns were not heeded. Local truck drivers claimed they were being sidelined in favour of foreigners and that their pleas to the Transport Department were not being dealt with effectively. The RFA’s Gavin Kelly warned: “The association supports the reasoning behind the decision to withdraw the ZEP. However, the extension of the currently valid ZEPs due to administrative (or otherwise) hurdles or challenges experienced may be enough motivation for those frustrated South African citizens to take matters into their own hands.” Kelly reiterated calls for the Department of Employment and Labour to step up its inspections with all employers in respect of illegally employed foreign nationals by South African employers. “We need to ensure that the Task Team (led by the Department of Transport) moves forward in completing the various issues raised by the All Truck Drivers and Allied South Africa (ATDF-ASA) concerning foreign nationals in the transport sector,” Kelly asserted. Read the full original of the report in the above regard by Narissa Subramoney at The Citizen. Lees ook, Verlenging van permitte vir Zimbabwiërs nie ‘volhoubaar’, by Maroela Media
R36m for military vets' pensions used to buy furniture for defence officials City Press reports that an amount totaling R36 million, allegedly meant for pension payouts for military veterans, was reallocated to buy furniture for officials. Apparently, the Department of Military Veterans moved the funds following a request made to the National Treasury in March. In a letter dated 20 March, the department’s chief financial officer Sibongiseni Ndlovu asked that R36 million be moved from the transfer and subsidies category to goods and services. The Treasury approved the transfer and the money was shifted before the end of March. Ndlovu, an insider said, was among suspended officials who were returned by Defence Minister Thandi Modise in March. The reallocated money was moved to goods and services to buy office furniture for officials who were brought back from suspension by the minister. The insider also claimed that no pensions would be paid to veterans. This was despite the department’s announcement last month that a process was under way to launch pension payouts to veterans. Neither the department nor Treasury had responded to City Press by the time of writing. Read the full original of the report in the above regard by Msindisi Fengu at City Press (subscriber access only)
Electricity Minister reports that 126 arrested for Eskom-related crimes IOL reports that Electricity Minister Kgosientsho Ramokgopa has announced that a team that was set up to investigate criminal activities at Eskom has arrested 126 people out of more than 1,952 cases that were reported. Eskom has been under siege from criminal syndicates with political parties insisting that the police must investigate the figures behind the cartels. In a written reply to a parliamentary question from IFP MP Inkosi Mzamo Buthelezi, Ramokgopa indicated: “An Energy Safety and Security Priority Committee was established to address Eskom-related crime on an inter-departmental, multi-disciplinary basis to address the objectives of Work Stream Six of the National Energy Crisis Committee (Necom). A total of 1,952 Eskom-related cases were reported to the SA Police Service between 1 April 2022 and 29 May 2023, with 1,405 cases still under investigation, and 126 arrests have been made. Whilst much remains, these interventions are beginning to turn the situation around, and there are indications that operational measures implemented have clearly disrupted the activities of criminal syndicates.” Ramokgopa also told a media briefing on Friday that a senior official in the police and in the State Security Agency were dealing with matters related to crimes committed at Eskom. They may deal with the issue of the senior executive at Eskom who has been implicated in sabotaging power stations in collaboration with the syndicates. Read the full original of the report in the above regard by Siyabonga Mkhwanazi at IOL Other internet posting(s) in this news category
HR manager at Endumeni municipality hauled over coals for ‘reign of terror’ in which he unlawfully fired scores of employees IOL reports that a senior human resources (HR) official of the IFP-run Endumeni (Dundee) Local Municipality in KZN is facing a disciplinary hearing after he allegedly conducted a "reign of terror" by firing employees willy-nilly. This cost the municipality millions in legal fees to defend unwinnable cases and later compensating the employees. Sifiso Mhlungu is also accused of misleading the council when presenting these cases. He was suspended on full pay in December last year. He tried to challenge his suspension at the SA Local Government Bargaining Council on the basis that it was unfair, but he lost. The council agreed that Mhlungu’s suspension had been "procedurally and substantively fair.” In one case, Mhlungu is said to have “maliciously prosecuted” and fired an employee identified as Pretty Tsotetsi, an arts and culture officer in the municipality. Mhlungu is also facing a charge of gross dishonesty in that the municipality alleges that between 1 November and 1 December 2021 he went on a hiring spree in which he flouted recruitment rules and hired unqualified staff. Read the full original of the report in the above regard by Sihle Mavuso at IOL
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