This news aggregator site highlights South African labour news from a wide range of internet and print sources. Each posting has a synopsis of the source article, together with a link or reference to the original. Postings cover the range of labour related matters from industrial relations to generalist human resources.
In our Friday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Workers dismissed for unprotected strike take Frimax Foods to CCMA GroundUp reports that workers at Frimax Foods factory in Verulam, Durban, will be taking the company to the Commission for Conciliation, Mediation and Arbitration (CCMA) next week. This comes as 100 of the 247 Frimax workers who were dismissed for participating in an unprotected strike earlier this month returned to work apparently on the basis that they were intimidated by those leading the strike. The workers downed tools on 5 June and were dismissed by the chip producing company soon thereafter. According to workers, they went on strike after the company refused to negotiate about internal grievances related to discrimination, mistreatment and withholding some of their salaries with their new union, the African Meat Industry and Allied Trade Union (AMITU). While no formal dismissal notices were issued to the remaining 147 workers, the company posted a note at the factory’s entrance stating that all workers involved in the strike were fired. Frimax’s human resources manager, Deshni Govender, said they had given the dismissed workers a number of opportunities to return, but they had refused to engage with the company. She said a disciplinary hearing was held though none of the workers attended. “The relevant disciplinary procedures have been followed and the employees were found guilty for engaging in an illegal strike,” Govender indicated. According to Govender, Frimax has a closed shop agreement with the Food and Allied Workers Union (FAWU). She said it was explained to staff that AMITU could not represent them on internal matters. The CCMA matter will be heard on 7 July. Read the full original of the report in the above regard by Tsoanelo Sefoloko at GroundUp
Protest staged by community health workers at Lentegeur hospital in Cape Town on Wednesday GroundUp reports that dozens of Nyanga and Gugulethu community health workers demonstrated outside Lentegeur Day Hospital in Mitchells Plain, Cape Town, on Wednesday. Placards displayed by the protestors read: “We want our jobs back” and “Stop exploiting community health workers”. Vuyiseka Solani-Bibini, a shop steward at Anova Health Institute, said they had worked for St John’s Ambulance until its contract with the Western Cape health department ended. Some of them were then hired by Anova, which also hired SA Christian Leadership Assembly (SACLA) Health Project community workers. Caroline de Wet, a manager at the hospital who received the memorandum, said: “Every three years contracts with non-profit organisations are reassessed. St John’s Ambulance have not met the criteria to continue to get funding.” According to Solana-Bibini, 21 of the St John’s workers were not hired because Anova said their names were not on the Lentegeur Day Hospital’s list, but the workers could not understand why since they had been on the payroll for years. They said they wanted the health department to find employment for those who could not get jobs with Anova. Funeka Hala, who is now unemployed, said the department had always transferred them from one organisation to the next when contracts changed, but did not do so this time. Moreover, the workers who signed contracts with Anova claimed they were only paid from the date they signed, although they had worked from the start of May, and they wanted their full month stipend. Read the full original of the report in the above regard by Vincent Lali at GroundUp Other internet posting(s) in this news category
'Sex work bill is not canned, it's being enhanced', says justice department SowetanLive reports that the Department of Justice and Correctional Services says the draft bill to decriminalise sex work (Decrim Bill) has not been canned but is in the process of being enhanced. According to spokesperson Chrispin Phiri, absence of a framework to regulate the bill would make the Decrim Bill unconstitutional. He indicated: “We have been advised that without a regulatory framework we cannot go ahead with approving the bill as it would be unconstitutional and so that is what we will attending to. There will be a consultation process around what the regulatory framework should look like and then that will be added to the current bill; and so the bill has not been canned, it will be enhanced.” However, according to Sisonke National Sex Workers Movement, it has never received any communication about the decision to enhance the bill. “The movement maintains its dissatisfaction at the level of indecisiveness of the country's leadership in addressing the decriminalising of sex work in SA following justice and correctional service minister Ronald Lamola's decision to can the Decrim Bill,” said the organisation's Yonela Sinqu. It has been two decades since the call for the decriminalisation of sex work in SA and the organisation maintains that blatantly ignoring this call has cost the movement more lives at the hands of unscrupulous individuals posing as clients, while the criminalisation of sex work has also encouraged some police officials to sexually and physically abuse sex workers. Read the full original of the report in the above regard by Koena Mashale at SowetanLive
Motsoaledi to apply for leave to appeal against ZEP judgments, claiming ‘dangerous precedents’ News24 reports that Home Affairs Minister Aaron Motsoaledi will be applying for leave to appeal against two Zimbabwean Exemption Permit (ZEP) judgments handed down by a full bench of the North Gauteng High Court this week. The court found against Motsoaledi in two different judgments, both relating to the ZEP. In the first, it ruled that Motsoaledi's decision to terminate the ZEP was invalid, unlawful and unconstitutional. The court found that the minister did not follow a fair process before making his decision, which should have included consultation with and an opportunity for ZEP holders to make representations. The court also said Motsoaledi did not consider the impact his decision would have on the holders and that the decision was an unjustified limitation of rights on those affected. It ordered that the matter go back to Motsoaledi for reconsideration, following a fair process that complied with the requisite legislation. Pending the process, the ZEP will be deemed to remain valid for the next 12 months. In the second judgment, the court ordered Motsoaledi not to arrest or issue deportation orders for ZEP holders and that they be allowed to leave and return to SA. In a statement on Thursday, Motsoaledi's spokesperson said: "The two judgments cannot go unchallenged as they set a dangerous precedent." He added that the finding on the applicability of certain sections of the Promotion of Administrative Justice Act (PAJA) was "highly questionable” and there was another "strong ground for appeal" in that the judgments dealt with matters relating to the separation of powers. Motsoaledi has already instructed his legal team to launch an application for leave to appeal against both judgments. Read the full original of the report in the above regard by Alex Mitchley at News24 Other internet posting(s) in this news category
Pension funds can't deviate from beneficiary instructions without proper investigation, says Pension Funds Adjudicator Fin24 reports that the Pension Funds Adjudicator (PFA) has ordered the Alexander Forbes Retirement Fund to pay a deceased retirement fund member's benefits as his beneficiary form had instructed, and not according to its own calculations. The fund paid 57% of the benefits to the deceased member's partner and 21.5% to each of his two sons. Yet the member had stipulated in the nomination form that his sons should get a quarter of his benefits each, and the partner should take half. The fund did its own investigation and found that the sons were unemployed and financially dependent on their father. The partner was also unemployed and financially dependent on the man until his death. She was moreover approaching retirement age. The board of trustees took the view that the partner should get more money because the sons were young and still had more earning potential. The fund then used a benefits calculator to determine how much more the partner should get, given that her age meant a higher dependency on the deceased member. But PFA Muvhango Lukhaimane said that, while the Pension Funds Act gave the board the discretion to distribute and allocate death benefits equitably, the beneficiary nomination form was binding. "The beneficiary nomination form is a substantial factor which must be given the necessary credence in reaching the decision to distribute a death benefit," said Lukhaimane. However, the PFA might have ruled differently had the board carried out "proper investigations" instead of relying on its benefit calculator. Lukhaimane also said it was not clear whether the board considered the partner's financial benefits from other sources. Read the full original of the report in the above regard compiled by Londiwe Buthelezi at Fin24 Treasury clears up tax poser over two-pot pension withdrawals Fin24 reports that amid some confusion about how two-pot pension payouts will be taxed, Treasury has provided clarity. The new two-pot system means employees will be able to cash out one-third of their future retirement savings throughout their career, while two-thirds will only become accessible on retirement. The one-third component is called the "savings pot", while the other two-thirds is the "retirement pot". When the new proposed legislation was made public earlier this month, there was some concern as an example in the explanatory memorandum was inconsistent with the wording included in the draft bill, making it appear as if all the money in the one-third savings pot would be taxed as normal income on retirement. Currently, the first R550,000 of all lump-sum payouts on retirement is tax free, and the balance of the lump sum is taxed at lower tax rates. On Wednesday, Treasury confirmed that withdrawals from the savings pot upon retirement will also still be subject to lump sum rates – and won't be taxed at the much higher normal income rates that will apply to early withdrawals. "This is good news as it confirms that the status quo with regards to tax incentives supporting preservation of the full retirement pot (retirement component and savings component) remains in place after implementation of the two-pot system," commented Pieter Koekemoer of Coronation Fund Managers. Read the full original of the report in the above regard compiled by Helena Wasserman at Fin24
Unisa's vice-chancellor has no powers to dismiss me, claims registrar Steward Mothata TimesLIVE Premium reports that University of SA (Unisa) registrar Prof Steward Mothata has hit back at vice-chancellor Prof Puleng LenkaBula, who fired him this week with immediate effect. “First, she has no powers to suspend or dismiss me. This was her intention all along. She has a lot to answer for. Unisa is on its knees because of her,” he charged. Mothata added that the university council had failed Unisa “big time” and could not hold LenkaBula accountable as she was “a law unto herself”. Mothata’s dismissal came in the wake of independent assessor Prof Themba Mosia’s damning report into the institution's affairs. It recommended Unisa be placed under administration and council and management members be relieved of their duties. LenkaBula placed Mothata on precautionary suspension on 5 June for allegedly breaching confidentiality, gross abuse of office, gross dishonesty, 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 possible related risks. Mothata was subsequently fired because, according to LenkaBula, the relationship of trust between him and the university had irretrievably broken down. His dismissal followed his 20 June application to the North Gauteng High Court to declare that Unisa’s council was no longer “properly constituted” after the resignation of several members. Mothata’s court application will be made on 11 July. Read the full original of the report in the above regard by Prega Govender at TimesLIVE Premium (subscriber access only)
Recommended reforms to whistleblower protection open for public comment News24 reports that Justice and Correctional Services Ronald Lamola has proposed reforms to whistleblowing legislation, which is now open for public comment until 15 August . Departmental spokesperson Chrispin Phiri explained that they had drawn on established whistleblower protection legislation from various countries for a comprehensive evaluation. The move is in line with the commitment made by President Cyril Ramaphosa to protect corruption busters. Ramaphosa told the state capture commission that whistleblowers were key in the fight against corruption and Phiri said the department shared this view. He indicated: "The (discussion) document covers both whistleblower and witness protection. The study aimed to evaluate the current legislation on protected disclosures and witness protection in South Africa, looking out for any gaps or shortcomings in the system. It is divided into three parts, examining the legal framework, procedures and practices, and resources available to support whistleblowers." Phiri said the department was also reviewing the Protected Disclosures Act and Witness Protection Act to give effect to the commission's recommendations on the protection of whistleblowers. He added the discussion document proposed several protection measures, including establishing a fund to support whistleblowers and expanding the scope of the SA Human Rights Commission (SAHRC) in handling protected disclosures. Furthermore, the document recommended that whistleblowers be offered the necessary legal and emotional assistance to help them navigate the complicated legal system and deal with the emotional challenges that come with it. Read the full original of the report in the above regard by Cebelihle Bhengu at News24. Lees ook, Publiek genooi om sê te sê oor fluitjieblaser-wetgewing, by Maroela Media
Traditional healer working for PetroSA unsuccessfully turns to court after entry barred for dagga use Pretoria News reports that an employee who worked for PetroSA for 14 years and then took up a programme in traditional healing, turned to court after he tested positive for cannabis and was not allowed on site until his test results proved to be negative. Fundo Marasi told the Labour Court in Cape Town that, subsequent to his positive test results, he was on paid annual and sick leave. He claimed he was then suspended without pay for three months. Marasi alleged that he was unfairly discriminated against on the basis of his culture. He claimed damages in the amount of R250,000 for the impairment of his dignity, past medical expenses and emotional distress. He also asked for an order that the Alcohol and Substance Abuse Policy at the company be reviewed. Marasi argued that an employee should not be immediately barred from entry when an impermissible amount of an intoxicating substance was found in his system, but the court commented that this was an “absurd view.” It also found that the barring of Marasi from the plant at Mossel Bay, did not constitute a “suspension” and thus an unfair labour practice. The court found that Marasi had applied for sick and annual leave for the period he was unable to enter the workplace and that he was treated with respect and sensitivity in his journey as traditional healer. “It appears that his journey contributed to a greater awareness of his culture on the part of his employer. I fully expect he will continue to educate those he interacts with on his calling and the use of cannabis in relation thereto,” Judge H Rabkin-Naicke said in turning down his claim. Read the full original of the report in the above regard by Zelda Venter at Pretoria News
SIU orders three former Western Cape municipal officials to pay back R400,000 for PPE fraud EWN reports that according to the Special Investigating Unit (SIU), three former Western Cape municipal officials have been ordered by the Special Tribunal to pay back R400,000 lost by the Matzikama Local Municipality in an irregular Personal Protective Equipment (PPE) tender. An SIU probe revealed that the trio allegedly colluded in April 2020 with a service provider, Duneco operated by Nicolaas Jacobus Klazen, for procurement of Covid-19 personal protective equipment (PPE) without following proper procedures. The accused are Matzikama's former acting municipal manager Aldrick Hendricks, Covid-19 coordinator Isak Jenner and acting chief financial officer Jafta Booysen. Hendricks and Booysen are now employed as municipal managers at Prince Albert and Laingsburg Local Municipalities, respectively. SIU spokesperson Kaizer Kganyago said Klatzen and the municipal officials were due back in court next month for fraud charges relating to the PPE tender. Read the full original of the report in the above regard by Ntuthuzelo Nene at EWN Three police generals in court to face corruption rap over altered job interview scores SowetanLive reports that former Limpopo police commissioner Lt-Gen Nneke Ledwaba and two other generals are facing corruption charges after they allegedly hired a candidate who did not get the highest score during a job interview process. Ledwaba and his co-accused, Maj-Gen Hlagodi Morakaladi and Maj-Gen Nyikeni Baloyi, made a brief appearance in the Pretoria Magistrate's Court on Wednesday. The matter was postponed to August. In 2016, the trio was part of a selection panel responsible for the interview and recommendation of candidates in relation to advertised posts for Polokwane station commander and the Modimolle cluster commander. According to the charge sheet, the accused allegedly changed the score sheets to favour their preferred candidate with the result that candidates with higher scores were not recommended for the job. Ledwaba and Baloyi have since retired, and Morakaladi is still serving as an officer. Robbie Raburabu of the Independent Police Investigative Directorate (Ipid) said the matter was referred to them in 2019 after it was reported to SAPS by an officer. He said the officer, who was a former station commander at Westenburg in Polokwane, allegedly “got information that he was supposed to have been appointed because he scored higher points. Read the full original of the report in the above regard by Jeanette Chabalala at SowetanLive Cape police detective arrested after allegedly trying to stop suspected drug dealer from being searched IOL reports that the SA Police Service (SAPS) Western Cape Anti-Corruption Unit have arrested a police constable attached to the Lentegeur detectives for allegedly defeating the ends of justice after he tried to protect an alleged drug peddler from being searched by officers. The incident took place in April this year. This week the unit arrested the constable. He had been in the company of the alleged drug peddler, who had visited a known Lentegeur drug house before travelling with the police officer in his car. After the unit had stopped the two and the officers wanted to search the alleged peddler, the detective asked them not to as he had been with the suspect. When the search took place, cocaine was allegedly found in the suspect’s possession. The alleged drug peddler was then arrested. Police spokesperson Captain Frederick van Wyk reported that after an investigation, the docket was submitted to the Department of Public Prosecution and a warrant of arrest was issued and executed on Wednesday. “The member appeared in court the same day and was released on R1,500 on bail. The case was adjourned to July 12 2023, at Mitchells Plain Magistrate’s Court for a regional court date,” he advised. Read the full original of the report in the above regard by Sibuliso Duba at IOL Other internet posting(s) in this news category
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