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 roundup of weekend news, see
summaries of our selection of South African
labour-related stories that appeared since
Friday, 30 June 2023.
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Justice DG commandeers prison guards as personal security team Sunday Times reports that Doctor Mashabane, director-general of the department of justice & constitutional development, who was mugged while jogging outside his plush Pretoria golf estate, has been accused of taking three security guards from Pretoria’s Kgosi Mampuru prison as his personal bodyguards after the police rejected his request for close protection. He also apparently took the guards with him on two recent trips abroad. However last week, Mashabane strongly denied that the guards went with him on the international trips and also claimed there were not three guards assigned to him, but two. He said he needed close protection because he was at the helm of a department with a R5bn procurement budget and many lucrative contracts were at stake. According to sources in the department, the bodyguards were being paid an allowance and overtime. Documents obtained by the Sunday Times indicate the overtime claims ranged between R4,000 and R25,000 a month for one guard. Claims about Mashabane’s alleged abuse of office was highlighted in a report by “concerned DOJ & CD employees” before parliament’s committee on justice & correctional services in May. The report contained allegations relating to the bodyguards’ appointment, as well as further claims. These included that Mashabane had commandeered a lift in the department’s offices and had it fitted with fingerprint-identification that allowed only himself and his bodyguards to use it. Department spokesperson Steve Mahlangu dismissed the report by “faceless” officials trying to advance “a hidden agenda”. Read the full original of the report in the above regard by Belinda Pheto at Sunday Times (subscriber access only) Four nabbed for attack on Carolina Hospital staff on 17 June The Citizen reports that four suspects have been arrested after they robbed the Carolina Hospital and attacked the staff. It is understood the gang of criminals, aged between 17 and 21, stormed the health facility in the early hours of 17 June. They robbed the staff of their personal belongings including cellphones. Police spokesperson Brigadier Selvy Mohlala commented: “As if that was not enough, the group reportedly went on and vandalised the hospital equipment, leaving behind a trail of destruction.” He explained further that “the outrageous behaviour occurred after a man was brought in but later succumbed to gunshot wounds. After these sad news reached people who brought him for medical treatment, hell broke loose as they went on a rampage and caused a lot of havoc which sent shock waves amongst the workers who were on duty.” The four suspects are due to appear in the Carolina Magistrate’s Court on Monday to face charges including malicious damage to property as well as business robbery and possession of suspected stolen property. Read the full original of the report in the above regard by Faizel Patel at The Citizen. Lees ook, Vier vas ná aanval op Carolina-hospitaal, by Maroela Media Other internet posting(s) in this news category
Unions warned by mining companies of possible retrenchments as rail crisis persists Sunday Times reports that mining unions and experts are warning of possible job cuts as Transnet's failing rail infrastructure chokes the movement of commodities to the ports. Thapelo Malekutu of the National Union of Mineworkers (NUM) said they had already received warnings from three coal mining companies of retrenchments if the situation did not improve. “Any time from now, we are waiting for formal processes where they want to consult about Section 189 [retrenchments]. Mining companies are complaining that they cannot move coal to the ports and that the coal price has dropped. In the past, even if they were transporting less, the price of coal was good but now it has dropped and they cannot transport enough,” Malekutu stated. Meantime, trucks cannot move coal to the Richards Bay port quickly enough as they faced problems such as road accidents, strikes and breakdowns. Solidarity’s Gideon du Plessis said the problems with Transnet's rail network came up during their wage negotiations with Kumba Iron Ore: “We were supposed to sign a five-year wage agreement just as Anglo Platinum signed a five-year deal. But they said no, they cannot enter into such a deal. They said they have done some forecasting and found that there is too much uncertainty.” The Minerals Council SA (MCSA) has said coal, iron ore and chrome miners were facing enormous difficulties transporting their commodities to the port by rail. MCSA spokesperson Allan Seccombe said the industry had not yet shed jobs but the situation in coal was bad: “The industry is going to battle and ultimately there will be consequences for jobs if coal mines cannot export.” Bonginkosi Mabaso of Transnet Freight Rail (TFR) said the country's rail capacity has been constrained by underinvestment, rising incidents of theft, and vandalism, but TFR had “implemented a transformation strategy to stabilise rail operations and grow the volumes across all corridors including that of the export coal, manganese and ore lines”. Read the full original of the report in the above regard by Penwell Dlamini at Sunday Times (subscriber access only) Other labour / community posting(s) relating to mining
Other general posting(s) relating to mining
The first protest held by SA's newest union ended in shooting Terry Bell writes that gunmen – usually referred to as iinkabi, a Zulu term meaning young bulls full of strength and action – have been accused of opening fire on a trade union gathering on Saturday, 24 June near the centre of Germiston. According to Nhlanhla Makhaula of the local Casual Workers Advice Office, two union members, an official of the CWAO and two bystanders were wounded. Some 50 trade unionists and their supporters had been marching to a bakery in support of a delegation that delivered a protest to management about labour conditions and victimisation when the shots rang out and the crowd scattered. Several workers interviewed after the shooting said they believed the iinkabi to be "unofficial security" paid for by a number of businesses in the downtown area of Germiston. The protestors included members of the Simunye Workers’ Forum (SWF), the country’s newest trade union. After years of argument, the Labour Court recently overturned a decision by the registrar of trade unions that rejected the SWF’s application to register as a trade union. The court found that the intensely democratic structure of the SWF, featuring rotating rather than fixed office bearers, did not preclude formal registration. The fact that the SWF had emerged with the assistance of the CWAO was also no bar. Saturday was the first protest by the SWF as a union recognised as such. While also attracting interest from workers in permanent employment, the SWF is a response to the increasing casualisation of the labour market. Precarious work in the "gig economy", combined with the ongoing reliance on workers provided by labour brokers, has left many workers isolated. It has also helped undermine and weaken traditional trade union organisation. So, as far as many of the SWF members are concerned, they are part of building for the future and Saturday’s bloodshed will not deter them. "What happened made us all very frightened, but it will strengthen us," noted Vuyelwa, a worker at the local Simba factory. Read Terry Bell’s column in the above regard in full at Fin24 (subscriber access only) Other internet posting(s) in this news category
Implementation of Employment Equity Amendment Act will be 'nuanced' Business Times reports that the Department of Employment & Labour (DEL) is confident that more stringent legislation will drive better compliance with SA’s jobs equity agenda, but a recent agreement reached between trade union Solidarity and the government may mean the Employment Equity Amendment Act will have fewer teeth. The new act gives the DEL Minister the power to set five-year equity targets in sectors of the economy. Companies will be required to present annual plans on meeting the targets set by the minister. The DEL’s chief director, Thembinkosi Mkalipi, indicated: “It's either you meet your target or you don't meet your target, you have justifiable reason or you do not have justifiable reason. We think it will streamline enforcement. The previous law required companies to set their own targets. We see it as one of the reasons transformation did not happen.” But, the agreement between Solidarity and the government indicates that “affirmative action will be applied in a nuanced way”. It was reached after Solidarity lodged a complaint with the International Labour Organisation over SA’s employment equity legislation, saying it flouted international conventions. Solidarity said companies could “cite their economic position, staff turnover and skills shortages as a defence as to why they are not complying with targets. If a company has a reasonable defence as to why it does not meet its targets, such company will not be fined or forfeit government contracts.” The union’s Anton van der Bijl advised that the settlement did not explicitly indicate that the amendments must be withdrawn. Solidarity has also approached the courts to challenge the constitutionality of the new law, and this application would go ahead despite the agreement, Van der Bijl advised. Read the full original of the report in the above regard by Dineo Faku at Business Times (subscriber access only). Lees ook, Raswet: Solidariteit sê 100,000 poste is reeds gered, by Netwerk24 (toegang slegs vir intekenare)
Ramaphosa signs off on 3% salary increase for public office bearers despite plea from Finance Minister for lower adjustment News24 reports that President Cyril Ramaphosa has signed off on a determination to increase the salaries of all public office bearers such as cabinet ministers, members of parliament, judges, magistrates and traditional leaders by 3%. However, the Independent Commission for the Remuneration of Public Office Bearers had recommended a 3.8% salary increment for public office bearers for the 2022/2023 financial year. “Having considered the commission’s recommendations and serious economic challenges facing the country, the president has decided that the salaries of all public office bearers be increased by 3%," Vincent Magwenya, Ramaphosa’s spokesperson indicated. The effective date for the adjustment of the salaries of Public Office Bearers (POBs) is 1 April 2022, with the exception of the local government POBs which is with effect from 1 July 2022. During its consultations, the commission reported that Finance Minister Enoch Godongwana "pleaded with the commission to consider the prevailing adverse economic conditions and the extent to which the general population is affected by the low economic state in which the country finds itself." Godongwana unsuccessfully recommended a 1.5% increase, plus a once-off cash payment meaning their baseline salaries would not increase in coming years. Read the full original of the report in the above regard by Jason Felix at News24 Banyana called 'mercenaries, traitors' amid boycott that sees Botswana surge to thumping win AFP reports that Banyana Banyana were called "mercenaries" and "traitors" on Sunday as they boycotted a warm-up match against Botswana ahead of Fifa Women's World Cup later this month. But, SA’s senior women's national team said the match venue in Tsakane township, 50 kilometres southeast of Johannesburg, was unsuitable for international football. They believed playing on a surface of clay and grass could lead to injuries, and rule them out of the World Cup in Australia and New Zealand (from 20 July to 20 August). Banyana wanted to play their final preparatory game before flying to Oceania at a more prestigious venue like Soccer City in Johannesburg or Orlando Stadium in Soweto. Football officials called up players, including a 13-year-old, from a local league and delayed the kick-off by one hour before Botswana exploited their inexperienced rivals to win 5-0. The result against opponents ranked 96 places below SA was a major embarrassment as World Cup squad members said before the boycott that they wanted "stronger" opponents. Apart from the venue and opposition, Banyana are unhappy with the financial arrangements ahead of the World Cup. According to the players, they will receive $30,000 (R565,537) each from FIFA for being at the World Cup, but nothing from the SA Football Association (Safa). Banyana reacted by refusing to sign pre-tournament contracts, saying they wanted an additional R395,876 per player from the national association. Banyana are due to leave for New Zealand in two groups, on Wednesday and Thursday. Read the full original of the report in the above regard by News24. Read too, Safa organises Banyana replacements for match against Botswana as World Cup pay-row escalates, at The Citizen Other internet posting(s) in this news category
Armscor CEO accused of irregularities related to his employment contract and sexual misconduct City Press reports that serious allegations of fraud and a sex scandal have surfaced in the top office of the entity tasked with procuring weapons for the SA National Defence Force. Armscor CEO Solomzi Mbada is embroiled in a bitter dispute with his board of directors and refused to meet with the entity’s chairperson, Phillip Dexter, and another board member on Friday evening. Earlier in the week, the board had resolved to suspend Mbada on allegations of irregularities surrounding his contract and complaints that he had used his influence to benefit Armscor employees with whom he had been involved in personal relationships. Mbada is also accused of having had personal relationships with junior staff members and of fathering three children with three Armscor employees, whom he has promoted. He denies the allegations. The embattled CEO has also been accused by executives and board members of having been involved in irregularities related to the conclusion of his five-year employment contract. Former defence and military veterans minister Nosiviwe Mapisa-Nqakula allegedly signed off in concurrence with the altered contract, which resulted in Mbada being appointed on a permanent basis – an unprecedented event. Mbada is the only permanently employed CEO of a state-owned company. Defence and Military Veterans Minister Thandi Modise is apparently aware of the impasse between Armscor’s board and its CEO. She has distanced herself from the fraud allegations relating to Mbada’s contract. Read the full original of the report in the above regard by Nkululeko Ncana at City Press (subscriber access only)
Stellenbosch rector Wim de Villiers cleared of nepotism, but faces appropriate financial consequence News24 reports that an investigation into nepotism allegations has found that Stellenbosch University's (SU) rector and vice-chancellor, Wim de Villiers, did not breach the institution's rules or policies. The probe was led by retired Justice Carole Lewis and its findings were released on Saturday. The panel found there was no serious misconduct in terms of the SU Statute by De Villiers to warrant his removal from office. The report indicated: "When exercising his Rector's Discretionary Placement (RDP), he did not breach a rule or policy of the university and did not act dishonestly in making the discretionary placements such as to lead to a breakdown of trust between SU and the rector, rendering his continued employment intolerable." The appointment of the panel came after it emerged that De Villiers had used his discretionary right to secure a place for his wife's nephew at the university's medical school. At a university council sitting on Saturday, it was decided that an apology tendered by De Villiers during the council meeting be made public. It was also decided the chairperson and vice chairperson of the council would consider the outcome of the council meeting and an appropriate financial consequence for De Villiers. Council chair Nicky Newton-King advised: "Council accepted and appreciated the rector’s unconditional apology for his error of judgement and the impact this has had on the institution and all the people involved. Both the rector and the university have learnt valuable lessons in the process." Read the full original of the report in the above regard by Marvin Charles at News24. Lees ook, Matie-rektor nie skuldig aan ‘ernstige wangedrag’, maar ‘jammer’, by Maroela Media
Over 50% of Guardian's Fund recipients unpaid after millions stolen in April; Justice Department officials suspended GroundUp reports that fewer than half of outstanding payments to beneficiaries of the Guardian’s Fund have been made, according to the Department of Justice and Constitutional Development. GroundUp previously reported that criminals had breached the Guardian’s Fund System (GFS) and made off with over R17-million in April. Officials at the Fund have since been suspended for their possible involvement in the “fraudulent transactions”. The Fund manages money on behalf of people who are legally incapable or do not have the capacity to manage their own affairs such as minors, unborn heirs and missing people. It administered by the Master of the High Court with offices in Pretoria, Cape Town, Bloemfontein, Kimberly and Makhanda. The money in the Fund is invested with the Public Investment Corporation and audited annually. On 23 June, the department confirmed that the GFS had been breached internally by “certain officials” and over R17-million had been taken. The officials have since been placed on precautionary suspension pending finalisation of an investigation. “We are pleased to inform the public that the department has obtained a preservation order for some of the stolen funds,” the department indicated. While department spokesperson Steve Mahlangu initially indicated that most of the beneficiaries would be paid by mid-June, this week he said 2,431 of the 5,035 outstanding payments had been processed. Read the full original of the report in the above regard by Mary-Anne Gontsana at GroundUp Five Free State police officers arrested for theft, fraud, money laundering and defeating the ends of justice News24 reports that in two separate incidents, five Free State police officials were arrested last week for corruption, defeating the ends of justice, money laundering and theft. Free State Hawks spokesperson Lieutenant-Colonel Zweli Mohobeleli said the first incident related to a fraud case involving a female lieutenant-colonel who was arrested in Vereeniging on Wednesday. She was charged with fraud for a fraudulent resettlement claim of R19,000. When the officer was promoted to her position in Kestell in 2012 she did not relocate from Bethlehem and instead used a state vehicle to travel to work between the two towns. However, she later submitted a claim for a resettlement fee. "The resettlement cost is a benefit given to members appointed to a post outside their primary residence," explained Mohobeleli. She will appear in the Kestell Magistrate's Court on 12 July. The second incident involves four Kroonstad K9 Unit and Zamdela officers who allegedly stole R1 million recovered from a cash-in-transit heist in Sasolburg last year. Instead of declaring the cash, the officers allegedly pocketed it. They appeared in the Sasolburg Magistrate's Court on Friday, facing charges of theft, defeating the ends of justice and money laundering. The case was postponed to 3 August after the court granted them R2,000 bail each. Read the full original of the report in the above regard by Cebelihle Bhengu at News24. Lees ook, Vyf polisiebeamptes vasgetrek, by Maroela Media Other internet posting(s) in this news category
JCC hears case in which Eastern Cape judge president faces sexual harassment complaint News24 reports that Eastern Cape High Court Judge President Selby Mbenenge brought three 'silks' (senior advocates) to his Judicial Conduct Committee (JCC) hearing in the Constitutional Court on Wednesday. It was perhaps a measure of the seriousness with which he approached the complaint of sexual harassment against him, which the committee is investigating. The in-camera hearing stems from the sexual harassment complaint brought against Mbenenge by Makhanda High Court official, Andiswa Mengo. In the complaint she submitted to judiciary officials in December last year, Mengo alleged that face-to-face and electronic exchanges she had with Mbenenge during 2021 and 2022, including racy texts and images he sent her via WhatsApp, constituted instances of sexual harassment. The JCC, a committee of the Judicial Service Commission (JSC), reserved its decision on the matter, said the JSC's spokesperson, advocate Sesi Baloyi SC, after the day-long hearing. It did not indicate a deadline for delivering the findings, Baloyi indicated. The JCC's deliberations are a first step in assessing the veracity and gravity of the charge against Mbenenge. Mengo's legal representative, Chriscy Blouws, of the Women's Legal Centre, was optimistic that her "client's rights will be vindicated in the outcome. I think the hearing went well". Read the full original of the report in the above regard by Ray Hartle News24
MEC says Cape Town's Central Line unlikely to reopen in December, but Prasa adamant it's on track News24 reports that the Western Cape government is sceptical that Cape Town's problematic Central Line will re-open in December, but the Passenger Rail Agency of SA (Prasa) remains adamant that it will meet the deadline. The Central Line between Nyanga and Cape Town has been closed for about three years. Shack dwellers have built their homes on the line and plans to relocate the residents have been moving at a snail's pace. The line is only operational between Nyanga and Maitland as negotiations continue. Western Cape MEC for Mobility Ricardo Mackenzie said he did not believe the Central Line would be re-opened by December as envisioned. “Nothing has happened and it's not realistic. The lines require work and they have not started the work,” he said. Mackenzie’s main concern is safety: "We need to [make] trains safer while travelling on the central line, and we have started a process to work with Prasa." Prasa spokesperson Andiswa Makanda advised that the recovery of the Central Line was currently being done in phases: "Services are running on the Central Line between Cape Town and Nyanga, bringing phase one of the project to completion. Work will start soon for phase two - Nyanga to Chris Hani and Kapteinsklip." The City of Cape Town has been working closely with the Housing Development Agency (HDA) to relocate residents occupying the railway line. Read the full original of the report in the above regard by Marvin Charles at News24
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