In our Tuesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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VIP protection unit officers in court on Monday with faces masked TimesLIVE reports that eight VIP protection officers linked to an assault incident on the N1 appeared briefly in the Randburg Magistrate’s Court on Monday morning. They were arrested and processed at the Sandton police station on Sunday. The matter kicked off with an application from various media houses to record proceedings, to which the state raised no objection. The defence objected to the media’s application, citing security concern as the men are attached to the protection service of Deputy President Paul Mashatile. “They may reveal things of national interest,” one of the legal representatives for the accused said. Magistrate Hlengiwe Mkhabisi said while she understood the concern raised by the defence, it was in the public interest to allow media coverage of the case. Mkhabisi ruled the officers could keep their face masks on during proceedings and barred the media from filming her. The state indicated it was ready to proceed with the bail application and revealed the raft of charges against the eight: An investigation was opened after a video depicting a vicious attack went viral on social media. It showed officers assaulting three unarmed men who were in a vehicle en route from Johannesburg to Pretoria. Read the full original of the report in the above regard by Khanyisile Ngcobo at BusinessLive. Read too, VIP officers charged with assault GBH, pointing of firearm, and obstruction of justice, at News24. VIP protection unit cop denies highway assault, says video clip of the N1 incident ‘traumatised’ him TimesLIVE reports that one of the police VIP protection unit officers linked to an assault on the N1 earlier this month said in court on Monday that the video clip depicting the incident was not a “true reflection” of events that day. Shadrack Kojoana, 51, was one of eight officers who appeared in the Randburg Magistrate's Court in connection with the 2 July incident. He denied the assault claims against him and his colleagues. However, Kojoana confirmed that he saw the video two days after the incident and said it had “traumatised” him. He also revealed he was in the car that stopped in front of the VW Polo in which the victims had been travelling. Detailing what they told their commander, Kojoana summarised: “The blue Polo Vivo was trying to approach the main car which was transporting the deputy president [Paul Mashatile]. It came several times from the third lane, coming towards our car at a high speed.” Mashatile subsequently asserted that he had not been there at the time of the assault. “I did not witness any assault because I was the one who assisted the female passenger back into the car. The occupant I had removed from the car tried to get up but I kept him down with my foot,” Kojoana said. The matter was postponed to Wednesday for the bail applications of the other accused. All eight remain in custody. Read the full original of the report in the above regard by Khanyisile Ngcobo at TimesLIVE. Read too, ‘Traumatised’ VIP Protection Unit accused denies assault in surprise court twist, at The Citizen. En ook, Borgtogaansoeke vir bloulig-aanranding begin, by Maroela Media Other internet posting(s) in this news category
One of two men arrested for killing constable in Vosloorus on Friday subsequently died in hospital News24 reports that two men were arrested on Sunday for the murder of an on-duty constable who was killed while responding to robberies in Vosloorus, Gauteng, on Friday. One of the men died in hospital after his arrest. On Sunday morning, the team investigating the murder of 32-year-old Constable Siyabonga Thango arrested the two men after a shootout in Vosloorus. Thango had been part of a group of crime prevention officers who responded on Friday to robberies in progress at several stores in the area. He was wounded during a shootout between police and the suspects and was taken to a nearby hospital where he died. "On Sunday morning, the team followed up on information of the whereabouts of the killers, police pounced on them, and a shootout ensued in Vosloorus," police spokesperson Brigadier Athlenda Mathe reported. The two men, aged 27 and 29, were arrested and three firearms were recovered. The 27-year-old man later died of his injuries in hospital. Masemola commended the team for the swift arrests in connection with Thango's murder. Thango had had five years of service. Read the full original of the report in the above regard by Marvin Charles at News24 No casualties reported in inferno at Ekurhuleni paper recycling company on Sunday IOL reports that no casualties were reported on Sunday evening when a paper recycling company in Alberton, in the City of Ekurhuleni, was engulfed in flames. William Ntladi, spokesperson for the City of Ekurhuleni’s disaster and emergency management services, said a total of eight fire stations, 40 firefighters, and 10 fire engines responded "swiftly" to the scene on Sunday. "On arrival, massive structures were well alight and flames were spreading across to other workshops. A defensive fire suppression was initiated to protect unburned materials and buildings," Ntladi reported. The fire is thought to have originated from burning grass outside the premises, which spread under the perimeter fence into the company's property. Ntladi confirmed that no casualties were reported among the company's personnel or the firefighting teams. Earlier on Friday, a worker was injured when a cylinder exploded at an industrial park in Kempton Park. Ntladi indicated that a 48-kilogram ammonia cylinder exploded at Zero Appliances in Chloorkop, injuring a worker's left leg. The worker was transported to the hospital. Read the full original of the report in the above regard by Jonisayi Maromo at IOL
Wesizwe’s Bakubung platinum mine to remain closed until further notice owing to unprotected strike Miningmx reports that Wesizwe Platinum has announced that its Bakubung Platinum Mine north of Rustenburg in North West province will remain closed “until further notice” following an unprotected strike by employees. The mine has been closed since 20 July. The company said it was working hard to resolve the matter and safeguard employees and assets. It gave no further details and did not indicate what the strike stemmed from. The mine has been riddled with delays to its full construction and commissioning, partly owing to technical faults and partly owing to bouts of unrest in the surrounding community. There were more than two weeks of strike action last year when community members from Ledig launched protests. The mine was initially expected to start operating in 2021, then by mid-2022, and again in the second half of this year. Wesizwe Platinum is 45% controlled by China Africa Jinchuan Limited. Read the full original of the report in the above regard by David McKay at Miningmx. See too, Wesizwe temporarily shuts Bakubung mine amid unprotected strike, at Mining Weekly Four arrested for corruption and theft of coal at Kangra colliery during load shedding IOL reports that four people, including two security personnel, a truck driver, and a loader operator, were arrested on charges of corruption and coal theft at the Kangra Coal Mine near Piet Retief. Police in Mpumalanga claim the group was allegedly engaged in illegal activities during load-shedding periods. "When the power was out, they would organise and get the articulated trucks to load coal, valued at about R400 000 per load, then only pay R7,000 to their associates," said Brigadier Selvy Mohlala, spokesperson for the Mpumalanga police. Three suspects were apprehended at the scene, while the fourth was arrested following further investigations that led officers to a house in Piet Retief. The suspects appeared in the Piet Retief Magistrate's Court on Friday, charged with theft and corruption. Read the full original of the report in the above regard by Jonisayi Maromo at IOL Other labour / community posting(s) relating to mining
SA losing skills, job opportunities as introduction of remote working visa delayed IOL reports that it has been more than 500 days since President Cyril Ramaphosa announced the government’s intention to introduce a Remote Working Visa, and still this permit has not seen the light of day. The plan to implement this sought-after visa category was first mentioned in Ramaphosa’s 2022 State of the Nation address, when he said the ability to attract skilled immigrants was the hallmark of a modern, thriving economy. Earlier this year, the Department of Home Affairs (DHA) stated that it was working to a June 2023 deadline to have this new visa category – which would cater for remote workers and start-ups – included in the revised Immigration Regulations, subject to State Law Adviser approval and public consultation. However, according to Western Cape Minister of Finance and Economic Opportunities, Mireille Wenger, DHA Minister Aaron Motsoaledi had confirmed in a letter to the Western Cape Standing Committee on Finance and Economic Opportunities and Tourism, that his department had missed its June deadline. Wenger said the introduction of a remote working visa was a “clear win-win solution” to boost long-stay tourism in the Western Cape and SA. She noted that there was a clear proposal on how to swiftly introduce a remote work visa and pointed out that “continued failure” to introduce this visa category “is costing our economy and compromising job creation, at a time when we should be doing all we can to grow and support sectors that have shown resilience and significant job-creating potential, such as tourism”. Read the full original of the report in the above regard by Bonny Fourie at IOL
Labour Court overturns CCMA ruling and finds SARS was within its rights to fire 'sick' employee seen at EFF protest march Fin24 reports that the SA Revenue Service (SARS) has won its case to dismiss an employee who took time off claiming to be sick, only to be seen on TV at an EFF protest at Clicks in Sandton. The employee, junior investigator Benneth Mathebula, was initially fired by the tax agency for dishonesty in early 2021. But he won his appeal at the Commission for Conciliation, Mediation, and Arbitration (CCMA) later that year, which ordered that he be reinstated and given back pay. The Labour Court has now overturned the CCMA's ruling, finding that SARS was within its rights to fire him. Both sides agreed that Mathebula took two sick days' leave from SARS in early September 2020. On the third day, he saw a doctor in line with the tax agency's policy and was given more time off at home. When he returned to work, his supervisor asked him why he had seen him on television participating in an EFF march when he had been off sick. Mathebula didn’t deny he had been at the EFF march, but told his supervisor that, while he did feel sick at the start of the day, he felt better after taking some medication. Following a disciplinary hearing, SARS fired him in March 2021 for dishonesty. But, the CCMA said there were reasonable grounds to conclude that Mathebula was sick on 7 September, as he had claimed, and also found there was insufficient evidence to prove he had intended to mislead his employer. SARS then appealed his reinstatement to the Labour Court. The judge found that the “probabilities were overwhelming that Mathebula was not sick and in fact he was malingering in order to avail himself for the protest action." It was also found that while Mathebula did go to the doctor for a sick note, he only did this on 9 September, after the protest had already taken place. Read the full original of the report in the above regard by Jan Cronje at Fin24. See too, Dismissal of ‘ill’ Sars employee who took part in EFF march was fair, court rules, at TimesLIVE
Police Minister tables amendment bill to entrench Ipid’s independence TimesLIVE Premium reports that Police Minister Bheki Cele has introduced a new bill in parliament which seeks to entrench the institutional and operational independence of the Independent Police Investigative Directorate (Ipid). The Independent Police Investigative Directorate Amendment Bill also provides a more transparent and open process for the appointment of the Ipid executive director. In 2016, the Constitutional Court declared that Ipid must be seen as independent to ensure it undertakes its task as a police watchdog without interference from the police minister. The court confirmed an earlier high court ruling that some sections of the Ipid Act were invalid to the extent that they authorised the police minister to suspend‚ take any disciplinary steps or remove the Ipid head from office. These issues were partly addressed in amendments enacted in 2019. The new bill, introduced last Thursday, deals with the rest of the court’s recommendations concerning operational independence. The bill seeks to broaden the executive director’s responsibilities in respect of the referral of complaints regarding disciplinary matters. It provides for initiation of investigation by the executive director upon becoming aware of any alleged commission of an offence by a member of the SA Police Service or municipal police service, and not only upon receipt of complaints. Provincial heads of Ipid, and certain executive authorities of SAPS and municipal police service, are also empowered to refer matters for investigation. A new type of matter to be investigated by Ipid, which is attempted murder in relation to a discharge of an official firearm, has been inserted in the bill. Read the full original of the detailed report in the above regard by Andisiwe Makinana at TimesLIVE Premium (subscriber access only)
Witnesses in Zandile Gumede trial 'too scared to testify' after shots fired on Saturday at home of municipal official TimesLIVE reports that a shot was fired over the weekend through the bedroom window of a key witness in the trial of former eThekwini mayor Zandile Gumede and others. The witness, who is an official in the solid waste department, was set to testify in the racketeering, fraud, corruption and money laundering case on Monday. But prosecutor Ashika Lucken told Durban High Court judge Sharmaine Balton that after the incident at 6.30am on Saturday, while the witness and her relatives were unharmed, she needed time to “compose herself”. As a result of the shooting, which has been reported to the police and is under investigation, the other municipal officials who were set to testify had “inundated” the investigating officer with calls of concern about their safety. Lucken said the police were now trying to put in place “certain measures” to allay their fears and to “calm the situation down”. “I can’t specify what those steps will be. But it will take time,” she said. Advocate Jimmy Howse, for accused Sandile Ngcobo, the deputy head of supply chain management at the city, placed on record that there was no allegation by the state that any of the accused were believed to be involved in the attack on the witness’ home. Balton adjourned the trial until Wednesday, when Lucken is expected to give a progress report and the way forward will be determined. Gumede, as accused No 1, is alleged to be the kingpin of a racketeering “enterprise”. Read the full original of the report in the above regard at TimesLIVE. See too, Corruption-accused Zandile Gumede accuses witness of using delaying tactics, at EWN Eight years jail time for Mthatha warehouse manager caught stealing on CCTV footage IOL reports that a warehouse manager who was caught red-handed stealing from his employer has been handed an eight year jail sentence. Siyasanga Rasmeni was convicted of theft in the Mthatha Specialised Commercial Crimes Court. According to the provincial Hawks, Rasmeni had been employed as a manager at Mthatha Supa Ginja warehouse. His duties entailed safekeeping and control of Supa Ginja stock that was kept in the warehouse. His further responsibilities included keeping record of stock received and dispatched to other warehouses. Explaining the conviction, Hawks spokesperson, Warrant Officer Ndiphiwe Mhlakuvana, said that between 4 August and 6 September 2021 Rasmeni was captured live on CCTV footage stealing and loading the stock into a bakkie. Furthermore, on various occasions he unlawfully dispatched bales of stock from the warehouse without proper documentation. When the company owner approached Rasmeni to account for the shortage of stock, he produced fictitious invoices as proof of delivery to customers. After the owner picked up discrepancies and after watching the CCTV footage, the matter was then referred to Mthatha-based Serious Commercial Crime Investigation of the Hawks for probing. “The investigation revealed that the employer was in reality prejudiced an amount of over R408,000,” Mhlakuvana advised. Ramseni was sentenced to 10 years behind bars, two years of which were wholly suspended on condition he does not commit the same crime during that period. Read the full original of the report in the above regard by Jolene Marriah-Maharaj at IOL Other internet posting(s) in this news category
Gauteng primary school teacher dismissed for sexual harassment loses case at Education Council News24 reports that the Education Labour Relations Council (ELRC) has dismissed the case of a Gauteng teacher who disputed his sacking for sexually harassing assistant teachers. The teacher, KO Makapela, was fired on 5 November 2022 on four counts of sexual harassment. It was found by the department that he had conducted himself in an improper, unacceptable and disgraceful manner as follows: by touching one of the teacher assistants inappropriately on her waistline towards her buttocks, calling her baby and saying she reminded him of his first wife; by passing remarks to another assistant teacher that she was beautiful and tempting, and requesting her to visit him after school; by asking another teacher to pay him a visit during a long weekend and also asking her to kiss him; and by giving another teacher assistant directions to his house and asking her to pay him a visit and promising to buy her a new cellphone. However, Makapela took his case to the ELRC, claiming his dismissal was a ploy to prevent him from becoming the principal. But in the ELRC ruling, the arbitrator found: "In considering the testimony of the respondent collectively, I am persuaded that the teacher's utterances and behaviour constitute sexual harassment. Therefore, the respondent has proved on the balance of probabilities that Makapela committed sexual harassment offences against the three assistant teachers, thereby violating Section 18(1)(q) of the Employment of Educators, Act 76 of 1998 as amended. The sanction is not in dispute. I find that the dismissal is substantively fair." Read the full original of the report in the above regard by Cebelihle Mthethwa at News24
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