In our Thursday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Nxesi lauds ‘groundbreaking’ deal with Solidarity on employment equity BL Premium reports that Department of Employment & Labour (DEL) Minister Thulas Nxesi has hailed a settlement agreement on employment equity as “groundbreaking”, saying it demonstrated the role social dialogue could fulfil in promoting social justice. The agreement stems from a complaint trade union Solidarity lodged in 2021 with the International Labour Organisation (ILO). The union complained that SA’s employment equity legislation put too much emphasis on race to determine who should be “hired, fired or promoted”. The ILO recommended that the Commission for Conciliation, Mediation and Arbitration (CCMA) facilitate the dispute between the government and Solidarity. After parties signed the agreement in Pretoria on Wednesday, Solidarity chair Flip Buys indicated: “In short, the agreement says the government and companies may not use race to determine who is hired, fired or promoted. They must use a more nuanced approach. Race cannot be the only factor.” The agreement comes after the Democratic Alliance (DA) approached the courts earlier this month for a declaration that various sections of the Employment Equity Amendment Act were unconstitutional and invalid. That legislation allows Nxesi to set employment equity targets for specific economic sectors and to prescribe demographic targets for employers with more than 50 employees. The DA’s opposition was supported by Solidarity and some 30 other political parties and civic organisations. Regarding the court application, Buys said: “The court matter is considered settled. This agreement is going to be made an order of the court.” CCMA director Cameron Morajane said the signing of the deal was a historic moment for the commission. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only). Read Solidarity’s press statement on the agreement at Politicsweb
Five men assault KwaZulu-Natal cop, break windows of police car and steal his firearm IOL reports that police are investigating a case of attempted murder after a Durban cop was brutally assaulted by five men during a brazen robbery on Monday afternoon in the Phoenix area. According to police spokesperson Constable Thenjiswa Ngcobo, the 39-year-old policeman was assaulted by five suspects in Brookdale Drive at around 5pm. “It is alleged that the victim was parked on the side of the road when the suspects damaged the vehicle windows before they assaulted the victim and stole his firearm,” Ngcobo said. According to an incident report, the police officer pulled over on the side of the road to take a phone call regarding an investigation he was working on when he was attacked. Five men approached his vehicle armed with hammers and a firearm. They allegedly ordered the officer out of the police vehicle and assaulted him with a hammer and took his wallet and state firearm. They then used the hammer to break the windows. The police officer managed to drive himself to his home, and was taken to hospital for further treatment. Police are searching for the suspects. Read the original of the report in the above regard by Jolene Marriah-Maharaj at IOL
Termination of Zimbabwean Exemption Permit declared unlawful, unconstitutional and invalid by Pretoria High Court GroundUp reports that the decision by the Minister of Home Affairs to terminate the Zimbabwean Exemption Permit (ZEP) programme has been declared unlawful, unconstitutional and invalid. Three judges, sitting as a full bench in the Pretoria High Court, have directed the minister to reconsider the issue “following a fair process” that complied with the relevant laws. Pending the outcome of that process, the permits will remain valid for another 12 months (until the end of June 2024), and ZEP holders will have protection from arrest and deportation. The case was brought by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in SA after the minister announced the end of the programme in 2021. Subsequently he granted further extensions but remained adamant that the 178,000 permit holders must either apply for other visas, if they qualified for them, or return “home”. In a ruling on Wednesday, the judges noted that the minister had made no attempt to solicit representations from those affected before he took the decision. The first call for representations had been done “after the fact” and was not a “genuine consultation”. The invitation was “meaningless”, the judge wrote. They said the minister’s failure to consult, rendered the decision to terminate the programme procedurally unfair and irrational. It was noted that no attempt was made to assess the impact on ZEP holders and their children and the minister had also not placed any facts before the court showing that he had consulted on conditions in Zimbabwe. Read the full original of the report in the above regard by Tania Broughton at GroundUp. See too, Zimbabwe Exemption Permit termination ruled ‘unlawful’, at BusinessLive Motsoaledi studying High Court ruling on ending ZEP EWN reports that Department of Home Affairs Minister Aaron Motsoaledi is studying a judgment handed down by the Pretoria High Court that declared his decision to terminate the Zimbabwean Exemption Permit (ZEP) programme unconstitutional. A full bench of the Court on Tuesday upheld a challenge the Helen Suzman Foundation and the Consortium for Refugees and Migrants in SA levelled against the decision he made in 2021. The court found – among other faults – that the requisite public participation did not take place. It also referred the matter back to the Minister to consider again “following a fair process” that complied with the relevant legislation. Meanwhile, in a separate case brought by the Zimbabwe Immigration Federation, the courts issued an interdict preventing any action from being taken against ZEP holders pending the outcome of a review application. The Minister’s spokesperson, Siya Qoza said the minister was aware of the judgements delivered. “The minister is still studying the two judgements and taking legal advice on them. He will, in due course, respond fully to them. In the ensuing communication, he will outline further steps that will be taken, including appeals (if any),” he said. Read the original of the short report in the above regard by Bernadette Wicks at EWN
Economists concerned over impact of Q1 job losses on SA's future EWN reports that there are concerns about the huge job shedding recorded in the first quarter of 2023 and the impact it will have on the future of the country. Statistics SA published the Quarterly Employment Statistics for the first quarter on Tuesday, which revealed that approximately 21,000 jobs were lost between January and March 2023. Chief economist at Econonometrix, Dr Azar Jammine, said that the decrease in permanent jobs, compared to an increase in part-time jobs, highlighted an emerging pattern for employers. "That speaks to various structural problems in the economy, especially the power of the trade unions that is compelling a lot of businesses to try and shy away from granting people full-time employment, and instead employing them on a part-time basis to try and avoid the ravages of the trade unions," he commented. Meanwhile, Investec economist Lara Hodes pointed out that the reported drop in monthly earnings and bonuses paid to employees was another predicament for financially stretched households. Read the original of the short report in the above regard by Thabiso Goba at EWN Other internet posting(s) in this news category
Salga appoints Sithole Mbanga as new CEO Engineering News reports that the SA Local Government Association (Salga) has appointed Sithole Mbanga as CEO with effect from 1 July. He takes over from Xolile George, who was appointed as Secretary to Parliament in June 2022. Salga points out that Mbanga brings a wealth of knowledge and expertise in many areas, including operations and strategic planning, and has extensive executive-level experience in public sector governance. He most recently served as the South African Cities Network CEO, which is a network of South African cities and partners that encourages the exchange of information, experience and best practice on urban development and city management. Further, Mbanga has held various managerial positions in the public and private sectors, including the Local Government Support and Learning Network and the National Business Initiative. “Mr Mbanga joins Salga at a pivotal moment in our organisation's evolution, as reflected in our 2022 to 2027 strategic plan, which is prefaced against global, continental, national and local imperatives. We are confident that he will lead and provide the much-needed strategic direction the organization needs and move the organization to greater heights,” said Salga president Bheke Stofile. Read the full original of the report in the above regard at Engineering News
Prudential Authority warns SA banks and insurers are unprepared for succession Bloomberg News reports that some SA financial institutions are not prioritising succession planning for critical roles, leaving banks and insurance companies overly dependent on current personnel, says an industry regulator. For some large banks, the risks increase as board members retire, leaving lenders without “ready now” successors, according to the Prudential Authority (PA). Smaller banks and insurers are losing talent to bigger rivals who can pay more for scarce skills, while also grappling with rising emigration that limits their ability to retain and attract expertise, the regulator warns. “In certain instances, there was insufficient coverage of successors across the boards, executive committees and other key roles, giving rise to key person dependency,” the PA points out in its annual report for 2022/23. “In addition, some of the identified successors were already occupying other senior roles or had been identified as successors for other positions.” The report comes months after SA’s fourth-biggest lender Nedbank Group said it was searching for a successor for CEO Mike Brown. Smaller, but more niche bank Investec is also scouting for a replacement for Richard Wainwright, head of its SA business, when he steps down in 2024. Read the original of the short report in the above regard by Adelaide Changole at BusinessLive (subscriber access only)
Blind people ‘the most discriminated against in the workforce’ The Citizen reports that members of Blind SA and other organisations marched to the Department of International Relations and Cooperation (Dirco) on Tuesday to demand the ratification of the Marrakesh Treaty to facilitate access to published works for the blind or visually impaired. Section27 and Blind SA handed over a memorandum to the departments of trade, industry and competition; women, youth and persons with disabilities; justice and constitutional development; Dirco and the presidency. Section27 spokesperson Pearl Nicodemus advised that the memorandum was endorsed by 14 organisations. “The 27th June marked the 10th anniversary of the Wipo Marrakesh Treaty to facilitate access to published works for the blind or visually impaired. Unfortunately, South Africa has not yet ratified this treaty, which would allow the blind or visually impaired to access millions of books in accessible formats from around the world,” she pointed out. One of the participants, Taboo Lehasa, said he supported the march because it was important for the blind to access reading material and books. “Without a treaty being signed, they won’t have access to books. For me, the most important thing was getting more books published in Braille and other accessing formats,” he explained. According to Lehasa, blind people were the most discriminated against in the workforce. “Blind people are not being employed. They may submit CVs but they never get any feedback. The department of labour’s employment portal was also not for the blind,” he asserted. Read the full original of the report in the above regard by Marizka Coetzer at The Citizen
Nelson Mandela Foundation CEO Sello Hatang dismissed after staff complaints BusinessLive reports that the Nelson Mandela Foundation has dismissed its outgoing CEO Sello Hatang. In May, the foundation placed Hatang on special leave and launched an investigation into “serious allegations” against him after receipt of complaints from some staff members relating to his past conduct. “The complaints, which centred on Mr Hatang’s personal conduct at the workplace, were received shortly after Mr Hatang announced on May 2 2003 that he was resigning as CEO,” foundation chair Prof Njabulo Ndebele said on Wednesday. As Hatang was still serving his notice, he was placed on special leave while the complaints were independently investigated. The board concluded that Hatang’s conduct had been unbecoming and was unacceptable for someone in his position and that he should be summarily dismissed. Ndebele said the focus was now on ensuring continuity in the foundation’s activities. “The process of appointing a new CEO will begin soon. Alongside this, the trustees are working closely with the interim management of the foundation to ensure a process of rebuilding staff morale after this extremely difficult episode,” he indicated. Read the full original of the report in the above regard by Ernest Mabuza at BusinessLive Labour Court refers case of farm worker who was dismissed after she gave an interview to a Swedish magazine back to CCMA GroundUp reports that has taken two years for an acting judge in the Cape Town Labour Court to come to the aid of a Cape wine farm worker, who was fired after she gave an interview to a Swedish journalist about her working conditions. Acting Judge Riyaaz Parker heard the matter in June 2021, but he only handed down judgment this week. Parker ruled that the dismissal of Claudine van Wyk in October 2020 be reconsidered by the CCMA, but by another commissioner. Van Wyk, who was represented by the Commercial Stevedoring Agricultural and Allied Workers Union, was employed as a contract general worker by W & E Boerdery, a company which exports wine to Europe. She gave an interview to a Swedish journalist in 2019 about her working and living conditions. Other workers also spoke to the journalist. In August that year, the journalist published the interview in a Swedish Magazine under the headline “Farm workers paying the prize (sic) for cheap South African wine”. It was accompanied by a photograph of Van Wyk holding up her payslip showing she earned only R684. The journalist did not give Van Wyk an opportunity to proofread the contents. The company charged her with giving a false statement and false information and she was found guilty after an internal disciplinary hearing and dismissed. Van Wyk approached the CCMA, which confirmed her dismissal in October 2020. Judge Parker pointed out the journalist had misconstrued the information and had published incorrect facts, for which Van Wyk could not be held accountable. “There was no evidence to back up the finding by the commissioner that Van Wyk had wanted to create the perception that the company was not paying properly. The commissioner did not apply his mind properly,” he said. The commissioner had also failed to take into account that only Van Wyk had been dismissed when others had been involved in the interview. The judge set aside the CCMA ruling and ordered that another commissioner should consider the evidence. Read the full original of the report in the above regard by Tania Broughton at GroundUp Unisa registrar Prof Steward Mothata fired amid ‘deteriorating situation’ TimesLIVE Premium reports that the vice-chancellor of the University of SA (Unisa), Prof Puleng LenkaBula, has fired the institution’s registrar, Prof Steward Mothata, with immediate effect. Mothata was placed on precautionary suspension on 5 June for allegedly breaching confidentiality, gross abuse of office, gross dishonesty and gross insubordination and “giving and making false or damaging statements in the execution of his duties and/or in public”. He was also accused of “sabotaging the academic project and/or the business of the university” and “dereliction of duty” by failing to advise the council and its committees, as well as LenkaBula, on governance matters and the possible related risks. His suspension came in the wake of independent assessor Prof Themba Mosia’s damning report into the affairs of Unisa, which recommended that the institution be placed under administration and the council and management be relieved of their duties. In a letter dated Tuesday, LenkaBula informed Mothata that it was clear that the relationship of trust between him and the university had irretrievably broken. She requested Mothata to return all Unisa property within 24 hours and that “failure to do so would mean that you possess university property illegally”. Mothata’s dismissal follows his 20 June application to the North Gauteng High Court to declare that Unisa’s council is no longer “properly constituted” after the resignation of several members. Mothata’s application to court will be made on 11 July. In his founding affidavit Mothata stated that “the situation at Unisa has deteriorated to a point that it negatively impacts on the public interest”. Read the full original of the report in the above regard by Prega Govender at TimesLIVE Premium (subscriber access only)
Hawks warn of bogus police captain soliciting bribes in Free State News24 reports that the Free State Hawks have warned the public about a man impersonating one of their officers, and using a police letterhead to solicit bribes from those he claims he is about to arrest. Spokesperson Lieutenant Colonel Zweli Mohobeleli said the man, who calls himself Captain Mokoena, claimed to be one of their lead investigators. "He uses a police letterhead in his correspondence and attempts to solicit bribes from those he claims he is about to arrest. In a letter in possession of the Hawks, he writes that an arrest warrant has been issued against a prominent figure in one of the municipalities in the Free State," he indicated. Provincial Hawks head Major General Mokgadi Bokaba said there was no "Captain Mokoena" in their ranks and, more importantly, “under no circumstances will a police investigator demand money from a complainant, victim or suspect in exchange for services rendered or omission thereof." Meanwhile, a North West man appeared in the Rustenburg Magistrate's Court on Tuesday charged with corruption, fraud, and impersonating a police officer. Labius Metlhabe was arrested in an undercover operation in Boitekong on Friday after he allegedly pretended to be an investigating officer in a theft case that was opened in September last year. He allegedly called and demanded R3,000 from the man who was implicated in the matter, with the promise that he would make the docket disappear. He will remain in custody until his next court appearance on 6 July. Read the full original of the report in the above regard compiled by Nicole McCain at News24 Other internet posting(s) in this news category
More corruption allegations against TMPD officers surface The Citizen reports that more claims of corruption by Tshwane Metro Police Department (TMPD) have surfaced after the city mayor called on motorists to report such crimes. Motor Industry Staff Association (Misa) chief executive Martlé Keyter alleged that one of their employees was recently involved in an extortion incident with TMPD officers at a roadblock on the Atterbury off-ramp along the N1 highway. She reported as follows: “After being unsuccessful to transfer money to the cellphone numbers of six officers, the driver had to go to the nearest ATM to withdraw cash. He then went to the Sinoville Police Station where officers refused to open a case because he did not have the name of the suspect. While he was standing in front of the police officer, the corrupt Tshwane metro police officer phoned him from her cellphone asking for her money. Still, they did not open a case.” A case was opened at the Lyttleton Police Station the following day. TMPD spokesperson Superintendent Isaac Mahamba confirmed TMPD had received a complaint from Misa and that it was being investigated. “It is so bad that Tshwane mayor Cilliers Brink sent out an official letter saying due to various complaints of alleged extortion and corruption by officers, the officers must take note the public has the right to request their appointment certificates, take photos and make videos,” Keyter noted. It was recently reported that TMPD was investigating 50 of its officers. City of Tshwane MMC for community safety Grandi Theunissen has assured motorists the process to clean up TMPD continued, with the full support of the mayor and the police chief. Read the full original of the report in the above regard by Marizka Coetzer at The Citizen. Read too, Six Tshwane cops accused of attempting to extort money from ‘drunk’ Misa employee, at Pretoria News Push for 'ethical, disciplined' Tshwane metro police force is facing internal resistance, says MMC News24 reports that an internal pushback is mounting against measures to restore command, control and discipline in the Tshwane Metro Police Department (TMPD). On Thursday, Tshwane's mayoral committee member (MMC) for community safety, Grandi Theunissen, detailed his concerns regarding the resistance against the return of discipline to the TMPD. "As a result of numerous complaints by members of the public, who have become the victims of criminal elements within the TMPD, various directives and other internal measures have been implemented by the acting chief of police, Basil Nkhwashu, with my full support," Theunissen pointed out. One of the directives was that motorists pulled over by metro police could record their interaction, ask for appointment certificates and take photos of the vehicle's number plates. “Although this does not come as a surprise, I am disheartened by manifestations of active and passive resistance against these ongoing attempts by the acting chief of police," said Theunissen. He indicated his concern about the involvement of some union representatives in what he described as the support of criminal activities and a smear campaign against the acting chief of police. "While I respect the unions and the role that they play, I want to caution against attempts to co-manage the TMPD. However, we do welcome constructive engagement with regard to these matters," Theunissen commented. Read the full original of the report in the above regard by Alex Mitchley at News24 Other internet posting(s) in this news category
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