In our Tuesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Gunmen attack and rob three City of Cape Town contractors working on pipeline News24 reports that gunmen attacked three City of Cape Town contract employees in Macassar over the weekend and robbed them of their valuables. Police spokesperson Sergeant Wesley Twigg said Macassar police registered an armed robbery case after the incident in Macassar Road on Saturday afternoon. "According to reports, armed suspects approached the workers, robbed them of their cellular telephones and a VW Citi Golf and fled the scene. The suspects are yet to be arrested," he indicated. According to ward councillor Peter Helfrich, one of the victims said 10 armed men robbed the contractors, who were working on a pipeline between wastewater treatment works in Zandvliet and Macassar. All the men were armed and aggressively explained to the victims that if they did not cooperate, they would be shot. The stretch of road was in the news recently after four bodies were found there. The attack on City contractors came only days after four provincial government employees narrowly escaped a hijacking in Khayelitsha. The Western Cape Department of Social Development staff were targeted on Friday afternoon while returning from facilitating a substance use disorder and crime prevention programme, along with the police and non-governmental organisations, in Site C. Fortunately, they were able to get away in their work vehicle, but they were left very traumatised, according to Social Development MEC Sharna Fernandez. Read the full original of the report in the above regard by Lisalee Solomons and Nicole McCain at News24 Off duty police officer allegedly gunned down Joburg metro cop after altercation outside nightclub News24 reports that an argument in the parking lot of a nightclub has left a Johannesburg Metropolitan Police Department (JMPD) officer dead, while a SA Police Service (SAPS) officer is believed to have fired the fatal shot. The incident happened in the early hours of Monday morning at the Drama nightclub in Braamfontein. Both officers were off-duty at the time. JMPD spokesperson Xolani Fihla said the deceased was exiting the parking lot when a vehicle prevented him from leaving. "An argument ensued between the driver and the officer, and shots were fired. The (JMPD) officer was declared dead on the scene," he advised. It was later discovered that the alleged shooter was a SAPS member. Fihla added: “There were other occupants in the vehicle, and according to our knowledge, he has not yet been arrested.” Apparently, the police officer was in his vehicle with a friend when they were allegedly approached by the deceased, who is said to have had a firearm in his hand. Allegations are that he started assaulting the SAPS officer, who retaliated and fired at the metro cop. Fihla said the Hilbrow police would be investigating the matter. There have not been any arrests yet, but the Independent Police Investigative Directorate is investigating circumstances surrounding the shooting and death. Read the full original of the report in the above regard by Tshepiso Motloung at News24 Other internet posting(s) in this news category
There could be survivors of methane explosion at unused Free State shaft, says Mantashe EWN reports that there may be survivors trapped underground in an unused mining shaft in Welkom, in the Free State, where at least 31 illegal miners believed to be Basotho nationals were killed during a methane explosion last month. The mining shaft that was last used by Harmony Gold more than three decades ago. Department of Mineral Resources and Energy (DMRE) Minister Gwede Mantashe revealed that movements beneath the earth were detected, noting that they could be a sign of survivors. “In terms of behaviour of methane from the surface, there is movement underground, and our suspicion is that there may be people who are still there. And if there are people still there and methane explodes further, there may be additional deaths,” Mantashe said. He was briefing the media at the Harmony Gold offices on Monday afternoon. At the same briefing, the company's spokesperson Sihle Maake said recovery efforts could not proceed. “There's still very high levels of methane gas. So, we're currently not allowing anybody to go there. It’s also very dangerous for us to send a rescue team. That’s why we're working very closely with the DMRE to find safe solutions to determine how best we can retrieve the bodies that are still underground,” Maake explained. Read the original of the short report in the above regard by Orrin Singh at EWN
Labour Court registration ruling may prompt more employees to join workers’ forums BL Premium reports that in a judgment that could encourage more workers to join small and less formalised labour organisations, the Labour Court has ordered the registration of Simunye Workers Forum (SWF). The recent ruling by Judge Andre van Niekerk means SWF, which represents some 6,000 casual workers, can now formally negotiate wages, handle disputes and appear before the CCMA. The judgment overturned a decision by the registrar of trade unions, Lehlohonolo Molefe, who refused to register the forum as a trade union on the grounds that it did not meet the requirements of the Labour Relations Act. The forum was formed in 2015 with the help of the nonprofit Casual Workers Advice Office. It applied for registration in 2020 but was rejected by the registrar. The judge noted that SWF had a “unique” organisational model that aimed to keep the decision-making power in the hands of its members and avoid any personal financial interest. He said the registrar was wrong to question the SWF independence from CWAO or its legitimacy as a trade union. “I think the judge is correct… We are trying to open up the labour market and deregulate it as much as possible, but unfortunately, the labour department is pulling the other way and trying to regulate it as much as possible,” labour lawyer and DA MP Michael Bagraim noted. Labour consultant Tony Healy said it did appear there was evidence of pockets of frustration among workers who were becoming disenchanted with the established, traditional unions, insofar as they felt their needs were not being met because there was a greater focus on socioeconomic and political union agendas. He added that the judgment could potentially result in “more applications of this nature being made to the registrar”. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only) Health and Allied Workers Indaba Trade Union set to appeal order placing it under administration The Star reports that the Health and Allied Workers Indaba Trade Union (Haitu) has filed an application for leave to appeal the Labour Court’s order granting the Department of Employment and Labour (DEL) the right to place the union under administration. According to Haitu’s general secretary, Lerato Mthunzi, the union has informed the DEL of its intention to appeal the ruling. "We have also informed the Department of Labour and the state attorney that we are appealing. What this means is that the union will continue its operations as normal and will continue to be led by the leadership that was elected at the last congress," Mthunzi indicated. Last week, the union said it would be investigating the authenticity of a court order that "purported to be a judgment from the Labour Court", claiming the union was already under administration. The union at the time said the order of the Labour Court (if proven to be genuine) gave the DEL the right to place Haitu under administration. Gerhard Vosloo has been appointed as the administrator. Mthunzi noted that the order came at a time when Haitu was being considered to join the Public Health and Social Development Sectoral Bargaining Council. She added that the union was the only militant union serving the interests of health workers in the country, and its liquidation would be a big blow to the sector. Read the full original of the report in the above regard by Siyabonga Sithole at The Star
School jobs-for-cash report ignored Mail & Guardian reports that nearly 10 years after the “capture” of the Department of Basic Education (DBE) by unions was first exposed, none of the recommendations made by the ministerial task team appointed to investigate the sale of jobs have been implemented. In recent reports, both Corruption Watch and the Centre for Development and Enterprise (CDE) have identified the failure to implement the recommendations – including the pressing of criminal charges – by the national and provincial basic education departments. One whistleblower, who helped expose the rot in 2013, fears for his life after again lodging a complaint with the Gauteng education department over alleged irregularities in the awarding of a principal’s post at a Soweto school in February. According to Ntlantla Sebele, a teacher at Northview High School in Johannesburg, he received two “visits” at his home from unknown men after he laid the grievance and an armed man arrived at the school on 2 May looking for him. Sebele is on incapacity leave after being diagnosed with depression, having unsuccessfully approached the police, the education department and parliament for protection. He first blew the whistle in 2013 after being asked by an official from the SA Democratic Teachers’ Union (Sadtu) to pay R30,000 for a post at a Soweto school. Sebele refused to pay and went public on the matter, along with a number of other whistleblowers at schools around the country. The subsequent outcry forced DBE Minister Angie Motshekga to appoint a ministerial task team, chaired by John Volmink, which made a series of recommendations for ending union influence in appointments. It also advised that criminal charges be laid in 38 of the 81 cases it investigated in which evidence of criminality had been discovered. Read the full original of the comprehensive report in the above regard by Paddy Harper at Mail & Guardian (subscriber access only) Other internet posting(s) in this news category
Gauteng TVET students can’t attend practical training courses due to unpaid stipends SABC News reports that some Gauteng Technical Vocational Education and Training (TVET) college students cannot attend their practical training courses due to their monthly stipends not having been paid for nearly three months. The students are worried about not completing their workplace training, which is a requirement to receive their qualifications. The internships are run by the Gauteng City Region Academy (GCRA). Lucky Bokaba from Mamelodi in Tshwane walks more than seven kilometres from his home to Mamelodi Day hospital and back every weekday to attend his internship programme. For almost three months he has not received his monthly R5,000 stipend from the GCRA. He cannot afford transport to work or food as he relies on his mother for help while his father is unemployed. Bokaba wants to complete this internship and get his Diploma in Public Management. And he is not the only one affected. Spokesperson for the Gauteng Department of Education, Steve Mabona, said the delays were due to them having to capture and verify the students’ vendor numbers. But according to Mabona, the payments have now been processed. While Mabona could not confirm the number of affected students, the Democratic Alliance in Gauteng said that more than 7,000 young people were registered as interns under the GCRA programme. Read the full original of the report in the above regard by Tshepo Phagane at SABC News
Two KZN paramedics suspended for allegedly abandoning woman in distress The Witness reports that two paramedics who allegedly abandoned a patient in Umlazi, Durban, have been placed under immediate precautionary suspension, for investigation. The KwaZulu-Natal (KZN) Department of Health said it would not hesitate to take the most stringent action possible against any emergency healthcare staff who deliberately failed to discharge their duties and prioritise the life and well-being of those in need. This followed a Facebook post that went viral of a woman seeking assistance after her older sister, who was experiencing heart problems, was allegedly abandoned by KZN ambulance personnel, who said it was not their job to carry the woman’s sister up a flight of stairs. In the post, the woman alleges that the paramedics refused to get out of the ambulance and demanded that the patient be brought up by her relatives instead. She then called on her neighbours to assist her in carrying her sister up the stairs, but the paramedics said they were being ‘too slow’ and ‘wasting their time’. They left the scene without providing any medical attention to the patient, who was eventually transported to a nearby clinic with an e-hailing taxi service, and then subsequently transferred to hospital by another Emergency Medical Services ambulance. Read the full original of the report in the above regard by Nosipho Gumede at The Witness. Read too, KZN paramedics who abandoned an ill patient for taking too long to climb stairs to them, suspended, at Daily News
CCMA rules that Numsa’s suspended Western Cape secretary must be reinstated GroundUp reports that CCMA Commissioner Jacques Buitendag ruled on Monday that Vuyo Lufele, the suspended Western Cape regional secretary of the National Union of Metalworkers of SA (Numsa), must be reinstated. Lufele was one of several leaders suspended by the union after they raised concerns over the running of 3Sixty Life, a funeral insurance company owned by the union. Lufele challenged his suspension in the CCMA. Numsa did not attend the proceedings which took place earlier this month, but Buitendag said he was satisfied that Numsa had been properly notified of the proceedings, hence he ruled that the matter could proceed in the union’s absence. In his evidence, Lufele said he was placed on precautionary suspension with pay by the general secretary in September 2022, after he raised questions about the National Manufacturing Workers Investment Trust. Lufele argued that his suspension was unfair for several reasons, including that the union’s disciplinary code stipulated that suspension without charges shall not be for a prolonged period. Buitendag agreed with Lufele’s submissions and said that, even if the suspension was valid, which he did not believe it was, there was no evidence of an objective justifiable reason for suspension for more than nine months. “The applicant cannot be suspended indefinitely, and he has clearly been prejudiced … because it affects his career,” Buitendag said, finding the suspension to be invalid and unfair, and ordering Numsa to lift the suspension with effect from 30 June. Read the full original of the report in the above regard by Tania Broughton at GroundUp
Labour Court overturns 10-year ‘suspended dismissal’ and fires dishonest National Lotteries Commission employee GroundUp reports that Johannesburg Labour Court Acting Judge Smanga Sethene set aside the sanction imposed on a National Lotteries Commission (NLC) employee by a disciplinary hearing chairperson, who suspended Boitumelo Rachel Mafonjo’s dismissal for ten years on condition that she did not re-offend during that time. In a recent ruling, the judge said: “For the chairperson to have expected the applicant (NLC) to keep Ms Mafonjo in its employ with the tag of gross dishonesty on her forehead for ten years assails rationality and legality in every respect.” The NLC sought to review the “incongruent” sanction handed down by Advocate Hor Modisa in December 2019. Judge Sethene said that had elementary legal research been conducted, it would have dawned on the chairperson that it was trite law that any misconduct peppered with gross dishonesty ought to have “elbowed out” Mafonjo and that a “suspended dismissal was foreign in labour law”. Mafonjo was first employed by the NLC in 2003 as a cleaner. At the time that she was charged with misconduct in 2018, she held the position of client liaison officer in Mahikeng. At the hearing, she was found guilty of gross dishonesty for extracting “confidential beneficiary” information from the system and giving it to a third party. She was also found guilty of not reporting unlawful activities aimed at defrauding the NLC and its beneficiaries, and of not declaring her own financial interests to the NLC. The NLC, in argument before Judge Sethene, said the sanction was irrational, given the severity of Mafonjo’s misconduct and that she had shown no remorse, claiming to have acted under duress. Judge Sethene ruled that Mafonjo be dismissed with immediate effect. Read the full original of the report in the above regard by Tania Broughton at GroundUp
OUTA lays criminal complaint against NSFAS CEO Andile Nongogo and others for fraud and corruption The Citizen reports that the Organisation Undoing Tax Abuse (OUTA) has laid criminal complaints against NSFAS (National Student Financial Aid Scheme) CEO Andile Nongogo, as well as one of his former colleague and two others, for fraud and corruption. Nongogo is the former CEO of the Services Sector Education and Training Authority (SSETA). OUTA advised it had also asked for a police investigation into the conduct of Duduzile Mwelase, a senior manager at SSETA, and Anania Baloyi and Ngwenya Baloyi, both from Five Stars Communications and Projects (Five Star), which is a SSETA service provider. The organisation said it wanted all four individuals to be investigated for alleged fraud and corruption, with Nongogo and Mwelase, who is the senior manager for brand management at SSETA, being investigated for contravening the Public Finance Management Act. Rudie Heyneke of OUTA said the criminal complaints were related to the over-inflation of a specific tender, awarded to Five Star in August 2016. “Our investigations revealed irregularities with the Five Star tender, awarded for a period of 19 months until 31 March 2018, for the design, development and supply of branded promotional items as and when required by SSETA,” said Heyneke. He alleged that it was evident that Five Star overcharged SSETA by inflating the price. “The SSETA CEO and employees who approved these quotes and payments were complicit in the looting of public funds,” he stated. Read the full original of the report in the above regard by Faizel Patel at The Citizen North West man arrested for impersonating cop, attempted bribery The Citizen reports that a 47-year-old man from North West has been arrested for impersonating a police officer and attempting to extort a bribe of R3,000 from a suspect. Police said the unnamed impersonator allegedly assumed the role of an investigating officer assigned to a specific theft case. “Taking advantage of this position, the imposter contacted a suspect implicated in the said case and demanded a substantial sum of money, R3,000, in exchange for making the legal proceedings disappear,” police spokesperson, Brigadier Sabata Mokgwabone, reported. Alarmed by the suspicious nature of the request, the targeted individual reported the incident to the authorities. “As a result of the victim’s report, an undercover operation was launched to expose the fraudulent impersonator and gather evidence against him. During the operation, it was established that the man posing as an investigating officer was not affiliated with the police in any official capacity,” Mokgwabone indicated. Police apprehended the suspect, who now faces charges of impersonation, extortion, and fraud. Meanwhile in a separate incident, a 32-year-old man was arrested for impersonating a JMPD officer in Eldorado Park. The man was found in a parking lot wearing a JMPD reflective jacket and cap. He was detained at Eldorado Park SAPS where a case docket was opened for further investigation Read the full original of the report in the above regard compiled by Devina Haripersad at The Citizen Other internet posting(s) in this news category
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