In our roundup of weekend news, see
summaries of our selection of South African
labour-related stories that appeared since
Friday, 18 August 2023.
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City of Cape Town increases reward in connection LEAP officer's murder to R1.35 million News24 reports that the City of Cape Town has upped a reward to R1.35 million after the Law Enforcement Advancement Plan (LEAP) officer Zamikhaya Kwinana was shot and killed. Kwinana was laid to rest in the Eastern Cape on Saturday. In a determined bid to find the killers responsible for gunning down the LEAP officer in Nyanga during the taxi violence over a week ago, the City pleaded with the public to be more forthcoming with information. Kwinana, 33, was a passenger in a marked LEAP vehicle driving in Nyanga just after 20h00 on 4 August, when the vehicle came under heavy fire. The City first offered the maximum amount of R250 000, however, according the City's mayoral committee member for safety and security, JP Smith, several benefactors pledged additional amounts to the reward already offered. He said: “This has permitted us to increase the reward to an unprecedented amount not previously possible.” Kwinana's family said they were grateful that the City had taken "decisive" action to find their loved one's killer, even though "it won't bring him back to us". Read the full original of the report in the above regard by Lisalee Solomons at News24
Cope calls for urgent intervention as Samwu Tshwane strike looks set to continue EWN reports that the Congress of the People (Cope) has called for intervention in the tension between the City of Tshwane and striking municipal workers. This came after the SA Municipal Workers’ Union (Samwu) staged a protest outside the City’s headquarters last week in demonstration against the City’s refusal to implement a 5.4% salary increase. Cope spokesperson Dennis Bloem said the party was calling on the SA Human Rights Commission and the Public Protector to urgently intervene. "In the interest of the public, these institutions must not sit back and wait until people have died," he stated. Bloem said the situation had put the health of residents at risk as services have been suspended since the workers embarked on the strike three weeks ago. Read the original of the short report in the above regard by Thando Kubheka at EWN
Thirty arrested in Stilfontein on Friday as North West clamps down on illegal miners News24 reports that a joint North West law enforcement operation ended with the arrest of 30 suspected illegal miners at the Scott Shaft in Stilfontein. The Hawks' Serious Organised Crime Investigation Unit, Tactical Operations Management Section, Local Criminal Record Centre, the Explosives Unit and Illegal Mining Task Team, among others, pounced on the shaft on Friday morning. Police spokesperson Lieutenant-Colonel Tinyiko Mathebula said the accused were between 18 and 40 years old. Firearms, ammunition, unwrought precious metals, food items, medicine and gold-refining paraphernalia were seized by the police. One suspect was allegedly shot and injured during a shootout with police and was hospitalised. An inquest docket is being investigated after a suspect who was found hanging from a shaft died. The group will appear in the Stilfontein Magistrate's Court on Monday. The Hawks' provincial head, Major-General Patrick Mbotho, vowed to intensify efforts against illegal mining. Read the full original of the report in the above regard by Cebelihle Bhengu at News24. Lees ook, Een dood, een gewond, 30 vas ná klopjag op mynskag, by Maroela Media Other labour / community posting(s) relating to mining
Manufacturing still shedding jobs due to power outages, weak demand and rising input costs Business Times reports that employment in SA is almost back to pre-pandemic levels, but the manufacturing sector, faced with load-shedding, weak demand, rising costs and poor municipal services, continues to shed jobs. Statistics SA reported that 16.3-million people were employed in the second quarter, the highest number since the first quarter of 2020, when 16.4-million were in employment. However, manufacturing lost jobs in the second quarter, shedding 96,000 quarter on quarter. The last time the sector grew employment was in the fourth quarter of last year. Gauteng, which employs a third of the 1.5-million people in manufacturing, lost 40,000 jobs compared with the first quarter of 2023. In the Western Cape, the second-biggest employer in manufacturing, 14,000 jobs were shed, while in KwaZulu-Natal where 345,000 are now employed, 17,000 people were cut. Limpopo was the only province to grow manufacturing jobs in the second quarter, from 56,000 in the first quarter to 76,000. The job losses are part of a longer-term decline in the sector, which has struggled in the face of global competition. Thami Moatshe of the Localisation Support Fund pointed out that the sector's contribution to GDP dropped from 24% in 1981 to 13.7% in 2022. “The challenge now is to provide local players and new entrants with the support they need to scale up and modernise production so they can meet local demand and be globally competitive,” Moatshe pointed out. Read the full original of the report in the above regard by Khulekani Magubane at BusinessLive (subscriber access only). Read too, Impact of load shedding to take spotlight at Manufacturing Indaba in October, at Sunday Independent Transport unions Untu and Satawu claim that Transnet privatisation will lead to job losses BL Premium reports that according to a legal opinion obtained by the two biggest unions at Transnet, the state-owned logistics company is likely to reduce its more than 55,000-strong workforce should it go ahead with the partial privatisation of its flagship Durban container terminal (DCT 2). The United National Transport Union (Untu) and the SA Transport and Allied Workers’ Union (Satawu) say despite Transnet’s assurances that no jobs will be lost once Philippines-based multinational port operator International Container Terminal Services Inc (ICTSI) takes over operations of the DCT 2, the entity will be forced to implement a retrenchment process. “We cannot as yet quantify the number of job losses because that will be the decision of the new equity partner,” Satawu’s Anele Kiet noted. ICTSI was announced in July as Transnet’s preferred equity partner that will run the Durban container terminal for the next 25 years. Transnet previously indicated that the transaction between it and ICTSI would result in no retrenchments and employees would retain the same terms and conditions before and after the introduction of the private sector partner. A joint statement by the two trade unions advises that the legal opinion obtained by them highlights that Transnet has failed to guarantee job security and, after a period has lapsed, Transnet would be entitled to implement a section 189 retrenchment process should there be redundant positions. The issue of automation “remains a grave concern for labour which could render the jobs of Transnet employees obsolete,” the unions asserted. “Labour will study the legal opinion obtained and decide on the best recourse to pursue while considering that whichever route we pursue should we have the least detrimental effect on sustainable employment,” the statement reads. Read the full original of the report in the above regard by Thando Maeko at BusinessLive (subscriber access only). Read too, ‘Durban port acquisition deal value sensitive’, at Sunday Independent After backlash, Transnet says CEO was quoted 'out of context' about truck drivers losing jobs when rail networks recover Fin24 reports that Transnet CEO Portia Derby's concerns around potential job losses in the trucking industry when the country's ailing rail networks start to recover have not landed well in some quarters. Derby said at a Bloomberg event in Johannesburg that a transport model must be established that would include truckers in the long run. "We have created the demand – our failure on one hand and also the demand of the mining industry has created the trucking industry. For the vast majority of the truckers, they are moms and pops, who when they left work took their pensions and bought a truck because there was an opportunity," she stated. In response, the DA accused her of "effectively admitted to corporate sabotage" at Transnet, by being concerned with trucker's jobs instead of focusing solely on the rail woes. For its part, the Minerals Council SA pointed out that SA employed around half a million people, compared to the 3,500 trucking jobs that were potentially at risk should rail infrastructure improve. Transnet's woes have caused a spike in demand for road freight, as mines struggle to get their goods to ports. In a statement on Friday, Transnet chairperson Andile Sangqu said Derby's comments had been taken out of context. According to Sangqu, Derby had said that, as Transnet increased its ability to carry bulk commodities, thought needed to be given to the future of the trucking industry. "The key opportunity for this sector lies in the last mile of the logistics chain in which Transnet does not participate. This provides an opportunity for better alignment between Transnet and the truckers as rail's performance improves," Sangqu indicated. Read the full original of the report in the above regard by Andrew Thompson at Fin24 (subscriber access only) Takealot’s Superbalist clothing division to cut jobs in face of increasing competition BL Premium reports that Takealot’s online clothing division, Superbalist, has started a section 189 process to reduce staff as it battles a weak economy and increased competition from clothing retailers. Parent company Naspers does not disclose the Takealot, Superbalist and Mr D food delivery results individually, but collectively they made a loss of $22m (R417m) in the year to end-March. Naspers said Superbalist grew revenue 11% in rand in the year to end-March and noted it was facing “increasing competition and softening consumer demand”. It also said peers were dropping prices aggressively, putting its profit margin under pressure. TFG has launched its Bash website, which sells clothing and home brands, with in-store pick up and online delivery. On Friday, Superbalist said in an emailed response that its job cuts were not due to TFG’s Bash site. “Business planning is in no way linked to competitor activity. Superbalist has embarked on a process to restructure its business as part of a deliberate shift in its efficiencies and in response to actual business realities,” Superbalist said, adding that it was trying to balance the conflicting realities of saving jobs, while also ensuring its sustainability. Read the full original of the report in the above regard by Katharine Child at BusinessLive (subscriber access only)
HPCSA plagued by mismanagement, unfairly punishing doctors News24 reports that the Competition Commission has confirmed that for 12 years, illegal and anti-competitive behaviour has engulfed the Health Professions Council of SA (HPCSA). Moreover, the SA Medical Association (SAMA) has accused the national health department of not implementing a October 2015 report that found that the statutory body was rife with mismanagement and maladministration. The illegality at the HPCSA followed the Competition Commission's 2011 rejection of the council's application to exempt 10 ethical rules that were found to contravene the Competition Act. But the HPCSA has continued to punish health workers, mainly doctors, with fines of up to R60,000 for practitioners who have breached the council's unlawful regulations. According to SAMA chairperson Dr Mvuyisi Mzukwa, former health ministers Aaron Motsoaledi and Zweli Mkhize – as well as current Health Minister Joe Phaahla – ignored his association's repeated pleas for the implementation of the October 2015 report. Competition Commission spokesperson Siya Makhunga confirmed that the HPCSA was still implementing its anti-competitive rules that breached the Competition Act and indicated that the commission had tried since 2011 to "facilitate the amendment of the [regulations] to achieve competitive outcomes". News24 sourced a list of 17 doctors who were charged and found guilty based on the illegal rules. The National Education, Health and Allied Workers' Union (Nehawu) said it had been at the "forefront" in calling for the 2015 report to be implemented. Nehawu spokesperson Lwazi Nkolonzi said the report's recommendation had been implemented, without elaborating further. According to the NHI Bill that the National Assembly passed in June, the council will be responsible for the registration and accreditation of all health workers should the single-fund system be enacted. Read the full original of the report in the above regard by Khaya Koko at News24 (subscriber access only)
Unisa council wants court to stop Blade Nzimande from placing university under administration Sunday Times reports that Unisa’s council is to make an urgent application in the North Gauteng high court on Tuesday to interdict Higher Education Minister Blade Nzimande from placing the institution under administration. Nzimande wrote to council chair James Maboa on 4 August informing him that he was satisfied that a report by independent assessor Prof Themba Mosia “reveals financial and other maladministration of a serious nature and serious undermining of the effective functioning of Unisa”. He told Maboa that Mosia’s report indicated that the appointment of an administrator would be in the best interests of Unisa and of higher education in an open and democratic society. Nzimande recently agreed to extend the period for council to make representations to him to 30 days from the date of his 4 August notice. Meantime, Maboa will also asking the court for an order interdicting Nzimande from implementing any of Mosia’s recommendations contained in his report dated 13 March. According to Maboa, the university “will be dissolved based on an unlawful and invalid report” and the impact “will only bring disrespect and disgrace on the name of the university.” Read the full original of the report in the above regard by Prega Govender at Sunday Times (subscriber access only). Read too, Call to oppose Nzimande’s decision to place Unisa under administration, at Sunday Independent
Axed constitutional development deputy director-general sues over 'victimisation and harassment' News24 reports that axed constitutional development deputy director-general Dr Gabriella la Foy is suing the justice department for R9 million – after spending nearly five years of her almost seven-year term on suspension and facing repeated, largely repudiated, claims of wrongdoing. La Foy claims she was subjected to unsubstantiated accusations of wrongdoing – later described as “an abuse of the grievance procedure” by the official who investigated them – within months of joining the department. When those complaints were unsuccessful, the department charged La Foy with misconduct and suspended her. She was eventually fired for, among other things, placing a justice department advertisement in a newspaper without the approval of the director-general, Doc Mashabane, not attending a meeting, recording Mashabane without his consent and including too many slides in a Cabinet presentation. The Public Service Commission this year substantiated La Foy’s claim against Mashabane of victimisation – while concluding that Justice Minister Ronald Lamola and Deputy Minister John Jeffrey had failed in their duty to create a safe working environment at the department. Now, in litigation playing out in the Labour Court in Johannesburg, La Foy has accused the justice department of doing nothing to address the toxic dynamics of her work environment. The case will continue on Monday, Read the full original of the report in the above regard by Karyn Maughan at News24 (subscriber access only)
Court restates order that deputy DG fired by ‘gung-ho’ minister over 'stuck in lift incident' can return to work News24 reports that the Johannesburg Labour Court has ruled that the deputy director-general (DG) of corporate services in the Department of Human Settlements, Nelly Letsholonyane, may return to work after she was fired by Minister Mamoloko Kubayi in April. Letsolonyane approached the court with an application that it reinstate its order which had ruled she could return to work. She was fired one month after the minister got stuck in an elevator for more than one hour. Kubayi blamed her deputy DG for the incident. In a judgment on 8 August, Labour Court Judge Edwin Tlhotlhalemaje ruled that the minister and the acting DG had "adopted a deplorable and gung-ho posture in dismissing the applicant, irrespective of the nature of the trauma the minister may have endured while stuck in an elevator". Tlhotlhalemaje reiterated an earlier judgment, saying the minister had acted as a "victim, prosecutor, and executioner" in dismissing the 62-year-old Letsolonyane. He noted that Letsolonyane, who had not earned a salary since her dismissal, was in a predicament because of the minister's unlawful conduct. The judge said he believed that she would suffer further irreparable harm if she was not reinstated and he accorded the applicant's case urgency. Read the full original of the report in the above regard by Cebelihle Bhengu at News24
KZN leads in fraudulent Ters claims from UIF Mail & Guardian reports that employers and officials who defrauded the Unemployment Insurance Fund (UIF) of millions of rands by submitting falsified claims under the Temporary Employer-Employee Relief Scheme (Ters) during the Covid-19 pandemic face the full might of the law and being forced to pay back the money. UIF commissioner Teboho Maruping updated the media last week on the latest payment figures, fraud statistics and criminal cases opened by the fund during its “follow the money” campaign to uncover fraud, arrest perpetrators and reclaim stolen funds over the 2022/23 financial year. He said the fund was processing claims for Ters and workers affected by the unrest in KwaZulu-Natal and Gauteng in July 2021. In some cases, employers had received benefits but had not paid these to workers, while ghost claims had also been uncovered. According to Maruping, the UIF had paid out Ters benefits totalling R64 billion since 2020. Most of these payments went to businesses and workers in Gauteng (49%), followed by the Western Cape (18%) and KZN (14%). “KZN did not take the lion’s share, but they did take the lion’s share of the fraud cases and for us that is concerning. Most cases of fraud seem to find their way to this province. We have 27 cases in court,” Maruping reported. He indicated that the fund was working closely with the Special Investigating Unit (SIU), the Asset Forfeiture Unit’s (AFU) Fusion Centre and the Hawks to investigate and clamp down on fraud. A total of 132 cases related to Covid-19 Ters nationally had been referred for criminal investigation and prosecution as at 31 March 2023. Read the full original of the report in the above regard by Lyse Comins at Mail & Guardian (subscriber access only)
Cosatu says cabinet must halt 'shocking attempt to undermine the Constitution' with intelligence bill News24 reports that trade union federation Cosatu has come out in strong opposition to the General Intelligence Laws Amendment Bill (GILAB), which Cabinet approved in May. It intends to give effect to the recommendations of the Presidential High-Level Review Panel on the State Security Agency (SSA), which was chaired by former minister Sydney Mufamadi, and the State Capture Commission, chaired by Chief Justice Raymond Zondo. The Mufamadi Panel recommended that the SSA should be restructured into a domestic intelligence agency and a foreign intelligence service. However, among its proposed amendments is a provision that the intelligence services "must conduct a vetting investigation in the prescribed manner to determine the security competence" of a number of persons, including people who seek “to establish and operate a non-governmental organisation or religious institution" and seek “to establish a private security company in the Republic". Another clause enables the minister to make regulations relating to "information security and the protection of intelligence", but "information security" is not defined in the bill. Cosatu's Matthew Parks said the federation rejected GILAB's "shocking attempt to undermine the Constitution and its Bill of Rights". He noted that some of the draft bill's provisions were administrative in nature, but said "the bill, as a whole, is contaminated by its shameless attempts to bizarrely introduce a creeping security state through the back door". He called on Cabinet to withdraw the bill, which parliament has yet to begin processing. Read the full original of the report in the above regard by Jan Gerber at News24 (subscriber access only)
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