In our Friday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Government systems still running as 'unprecedented' SITA strike sees thousands of IT workers down tools Fin24 reports that according to the State Information Technology Agency (SITA), its IT systems were not been affected after thousands of its employees went on strike this week. On Wednesday, SITA employees who are members of the Public Servants Association of SA (PSA) embarked on an indefinite strike after salary negotiations for the 2023/24 financial year had stalled. This left government services, including Home Affairs and the SA Social Security Agency, without any technical support. Talks have been ongoing for months, with the PSA demanding an above-inflation increase of 7%. The latest offer from the PSA was 5%. Spokesperson for SITA, Tlali Tlali, said government IT services had not been disrupted by the "unprecedented" strike, and both parties would remain in negotiations. He indicated that SITA had implemented contingency plans to ensure special monitoring of systems for the duration of the strike. Both parties were present at a bargaining forum meeting on Wednesday. Tlali commented: “We have reason to believe a breakthrough is within sight. We have significantly narrowed the guild between parties and the viability of options presented is currently under consideration.” Read the full original of the report in the above regard by Na'ilah Ebrahim at Fin24 (subscriber access only) Other internet posting(s) in this news category
City of Joburg considers electricity and water cut offs in response to attacks on officials The Citizen reports that the City of Johannesburg says it may need to think about cutting off the electricity to communities where its officials have been attacked. The city’s group finance department said on Thursday that officials were often attacked, threatened, robbed, obstructed, or simply refused access to electricity and water meters when attempting to read meters or disconnect properties that were illegally connected. “The safety of our officials is very important. Lawlessness and any deliberate action endangering their lives will not be tolerated. We will ultimately be forced to consider the complete disconnection of electricity supply to these problematic areas,” the City’s group chief financial officer, Tebogo Moraka, said. He added: “It’s unacceptable that our staff increasingly face resistance and intimidation for doing their jobs from the communities and businesses they serve. We want to caution residents that electricity and water meters are property of the city.” Moraka emphasised that the city would not hesitate to lay criminal charges or make arrests, impose severe fines, and cut off access to water and power. Read the full original of the report in the above regard by Chulumanco Mahamba at The Citizen Courts should show no mercy for cop killers, says IFP in KwaZulu-Natal TimesLIVE reports that IFP in the KwaZulu-Natal provincial legislature has called for the courts to show no mercy to those who kill police officers. Its call came in the wake of an incident in which W/O Sthembiso Mazibuko was shot dead while his colleague W/O Nkululeko Mthiyane was left hospitalised in a shoot-out in Ntuzuma C section in the north of Durban on Tuesday. Four other people were shot dead. MPL Blessed Gwala said police killings were out of control in KZN. He said an attack on the police was an attack on the state. “As the IFP we are of the view that police killers must be denied bail and parole. Courts must show no mercy to the killers. The merciless killings and attacks on police officers must end,” Gwala exhorted. Indicating that the police played a vital role in keeping communities safe, he added: “As has been tragically demonstrated in recent years, their role can be dangerous, which can often lead to police paying the ultimate price while serving the community. It's unacceptable that officers continue to lose their lives, especially when they are on duty. The IFP commends those officers who work tirelessly in ensuring the safety of the public.” Read the original of the short report in the above regard by Mfundo Mkhize at TimesLIVE. Read too, Police union expresses concern after latest cop killing, at Daily News Other internet posting(s) in this news category
Lily Mine disaster inquest finds that trio are dead, but families insists they are still alive News24 reports that despite findings showing that Pretty Nkambule, Yvonne Mnisi and Solomon Nyirenda died after being trapped in a container in the Lily Mine tragedy, their families are adamant they are still alive. They were last seen on 5 February 2016 inside the lamp room in the container before it sunk some 60-metres underground when the crown pillar collapsed. On Thursday, Magistrate Annamarie van der Merwe handed down her finding in the inquest to determine who was liable for the 2016 incident near Barberton. She said that although no bodies were recovered, the evidence presented in court during the inquest held in November 2021 and February 2023 proved beyond reasonable doubt that the three deaths occurred. "The court determines that the deceased person[s] died at the time of the collapse and that the sheer weight of the rocks and debris during the collapse caused their instant deaths," Van der Merwe said. However, their grief-stricken families remain in denial and believe their loved ones are still alive. Nyirenda's mother, Fiona, said she would only believe that her son was dead when she saw his remains. Together with families of the other two workers, Fiona set up a camp at the mine premises. "I believe God will answer our prayers. We have been praying all this time, and I know it's not in vain. We'll leave the camp on the day our children are retrieved from that hole," she indicated. Richard Spoor, a lawyer representing the families, said the judgment was a step in the right direction as it would hopefully bring comfort to the families that the three died immediately when the mine collapsed. "According to the findings of the inquest, they were not trapped underground for days as many of us feared," he pointed out. Read the full original of the report in the above regard by Belinda Pheto at News24 (subscriber access only) Magistrate rules that failures by police, DMRE and mining company led to Lily mine collapse and three deaths News24 reports that rampant illegal mining in the area around Lily Mine – and the failure of the police and the Department of Mineral Resources and Energy (DMRE) to combat it – contributed to the fatal 2016 collapse. In a scathing judgment delivered on Thursday, Magistrate Annemarie van der Merwe said the two state institutions failed in their constitutional duty to protect the republic's inhabitants and "to have the environment protected, for the benefit of present and future generations". The collapse caused the deaths of three mineworkers, whose bodies remain trapped underground, seven years later. Presiding over an inquest to determine who was liable for the 2016 incident, the magistrate said: "It is clear from the evidence presented in court that the institutions of the SAPS and DMRE were, at the time of the Lily Mine disaster, merely giving lip service to the issue of illegal mining and that they were not effectively addressing the issue. It is therefore found that they had failed at the time to ensure the safety of the three lamp room attendants who had perished in an incident that happened as a result of the activities of illegal miners." She found that the deaths of the three were caused by the omission on the part of the employer and/or mine management to do a proper assessment as required by the Mine Health and Safety Act to determine the possible hazard the crown pillar might have posed to the structure of the mine. Van der Merwe indicated that the record of the proceedings would be forwarded to the Director of Public Prosecutions for the possibility of instituting criminal proceedings. Read the full original of the report in the above regard by Belinda Pheto at News24. See too, Lily mine: Lawyers ponder civil claims against state for victims’ families, at EWN Other general posting(s) relating to mining
Competition Commission and SA Coke bottler to face off in ConCourt over whether layoffs breached merger conditions BL Premium reports that the Competition Commission (CC) will tell the Constitutional Court (ConCourt) in November that the SA arm of Coca-Cola Beverages Africa (CCBA) conjured up a plan to get rid of workers after a 2016 merger, thus contravening one of the key conditions set by authorities in allowing the deal to go through. The merger created the continent’s largest bottling company. In an affidavit filed with the apex court, the CC claims Coca-Cola’s domestic unit breached merger conditions by retrenching 368 employees in 2019. One of the key conditions for the deal getting the nod was that the merged entity would put a freeze on layoffs for three years. “What is clear is that CCBSA had devised a plan in terms of which it would render a number of roles redundant, retrench all the employees that occupied those roles and immediately refill those roles but pay the new recruits minimum wage. In truth, therefore, the roles were not redundant; they were merely labelled ‘redundant’ so as to retrench the existing employees and replace them with new recruits willing to accept less favourable terms,” the affidavit, deposed by the CC’s Luke Rennie, reads. Following the 2019 retrenchments, the CC issued CCBSA with a breach notice, opening the door for a possible revocation of merger approval, administrative penalty and/or an order to disinvest. CCBSA tried unsuccessfully to get the Competition Appeal Court to set aside the notice, a decision that will now be for the ConCourt to rule on. CCBSA is expected to tell the ConCourt that it was not in breach of the merger conditions and that the retrenchments were not due to the merger but operational, which was allowed in the law. Read the full original of the report in the above regard by Kabelo Khumalo at BusinessLive (subscriber access only)
Gcaleka secures approval of MPs as public protector in absence of DA and EFF BL Premium reports that acting public protector Kholeka Gcaleka narrowly secured the National Assembly’s recommendation as public protector in the absence of the DA and EFF, which opposed her nomination. A total of 244 votes were cast in Gcaleka’s favour by the ANC, IFP and several smaller parties to achieve the 60% quorum. A special sitting of the National Assembly was held in the Cape Town city hall for a debate and vote on the nomination of Gcaleka made by an ad hoc committee at the end of August. The DA walked out en masse in the early stages of the debate because of disagreement over a ruling made by speaker Nosiviwe Mapisa-Nqakula ordering DA MP Glynnis Breytenbach to leave the house because of her comments about Gcaleka’s alleged conduct while employed at the National Prosecuting Authority (NPA). Breytenbach refused to withdraw her comments and was ordered to leave. EFF MP Mzwanele Manyi was ordered to leave the house after accusing ANC MPs of being “elected thugs”. The DA, EFF, Freedom Front Plus (FF+), African Christian Democratic Party and UDM opposed the appointment of Gcaleka, who lost favour when her Phala Phala report exonerated President Cyril Ramaphosa of any wrongdoing in the burglary at his game farm. Gcaleka has been acting in the position since Busisiwe Mkhwebane’s suspension more than a year ago. Ramaphosa removed Mkhwebane from office after the National Assembly found her guilty of incompetence and misconduct. Read the full original of the report in the above regard by Linda Ensor at BusinessLive (subscriber access only). Lees ook, Nuwe OB ingestem, by Maroela Media. As well as, Politically charged, it was close, but in the end Gcaleka gets the vote to be Public Protector, at News24 (subscriber access only)
Minister Lindiwe Zulu shows Nehawu the middle finger, doubles down on reappointing her acting DG City Press reports that Minister of Social Development, Lindiwe Zulu, has justified her reappointment of Linton Mchunu as the acting director-general of the department. The decision flies in the face of opposition by the National Education, Health and Allied Workers' Union (Nehawu), which submitted a memorandum with a list of demands to the department two weeks ago. Among the demands, the trade union wanted Zulu to stop the appointment of four senior managers in an acting capacity as their reappointment would be against the public administration legislation. But, it was reported last week that Zulu reappointed the four, despite objections by Deputy Minister Hendrietta Bogopane-Zulu, senior managers and Nehawu. This week, Zulu wrote to the union to explain her reasons for reappointing the four officials, but, according to sources, Nehawu is planning to embark on a strike against her actions. Zulu argued that she appointed Mchunu as the acting director-general because the post had been vacant since 2017. Mchunu has been continuously acting in the position since 2020. The reappointment of the quartet came barely a week after the office of the Public Protector announced that it had officially launched an investigation into Zulu’s alleged improper conduct and transgressions of the executive ethics code relating to the appointment of several senior managers who were implicated in wrongdoing. The union has called on President Cyril Ramaphosa to institute a forensic investigation into Zulu’s alleged nepotism. Read the full original of the report in the above regard by Norman Masungwini at City Press (subscriber access only)
Six officials implicated in irregular staff appointments at parliament EWN reports that six parliamentary officials have been implicated in making irregular staff appointments at the legislature. An internal investigation has revealed that due process was not followed in at least 11 appointments. Secretary to Parliament, Xolile George, on Wednesday revealed the findings of the audit which followed complaints from whistleblowers and the National, Education, Health and Allied Workers’ Union (Nehawu). A review of 35 appointments at Parliament revealed that in at least 11 cases, the appointed staff did not meet the minimum requirements for the job, or were not even the top-scoring candidate. The probe also revealed that officials have been appointed in acting capacities without the necessary qualifications, pointing towards bias. George indicated: "Further scrutiny is now required to determine the full extent of involvement of employees of Parliament.” He added that Parliament was now reviewing its recruitment and appointment processes as well as re-designing its organisational structure. Read the original of the report in the above regard by Lindsay Dentlinger at EWN
Employee fired for clocking overtime which had not been worked Pretoria News reports that writes that clocking for overtime which has not been worked can have dire consequences, as a quality assurance poultry meat examiner found out. Seabata Radiboke was axed by Supreme Poultry after working there for 13 years. He was fired for clocking more than 59 hours’ overtime in June 2019 that he did not work. There were also other charges alleging that on some other dates he claimed overtime for more than the time actually worked. In one case he claimed eight hours overtime, while he had only worked for three hours. Radiboke challenged his dismissal and the arbitrator found that had indeed broken the rule with regards to dishonesty. However, she ordered that he be reinstated because Supreme Poultry had been inconsistent in dismissing Radiboke as the heads of department and the shift manager who had requested and approved the overtime hours were “spared”. The poultry watchdog then turned to the Labour Court in Cape Town and asked that the arbitration ruling be reviewed, set aside and replaced with an order that Radiboke’s dismissal had indeed been substantively and procedurally fair. Judge Robert Lagrange said he accepted that the charge sheet did not convey all the specific occasions on which Radiboke was alleged to have claimed for unauthorised overtime. But the findings in relation to the excess overtime claimed for June 2019 (59 hours) alone warranted grounds for finding the dismissal substantively fair. Read the full original of the report in the above regard by Zelda Venter at Pretoria News Former top cop Khomotso Phahlane loses fight to be reinstated, labour court upholds dismissal News24 reports that three years after his axing, former national police commissioner Khomotso Phahlane has lost his unfair dismissal case. The Johannesburg Labour Court ruled that Phahlane was right to be fired in October 2020 when he "intentionally or negligently" broke the Public Finance Management Act (PFMA) in refusing to honour a R46-million SAPS contract to purchase 360-degree panoramic cameras. Phahlane, at the time of the July 2014 contract, was the police's head of forensic services. SAPS entered into an agreement with Ethemba Forensic Group (EFG), which Phahlane failed to abide by, telling EFG that its equipment bid offer "was misleading and not compliant with the specifications". However, Phahlane, during his Labour Court case, admitted that he failed to honour the contract and contravened the PFMA "prior to an investigation having been conducted by or [at] the behest of the applicant [Phahlane]". According to the court ruling, Phahlane relied on information from EFG's competitor, Forensic Data Analysis, which had wanted the R46-million SAPS contract but lost out. SAPS axed Phahlane because of his "non-compliance with the contract … [resulted] in fruitless expenditure in the amount of R24,494,080.65". Read the full original of the report in the above regard by Khaya Koko at News24
Female Gauteng teacher on precautionary transfer to another school following accusations of sexual misconduct with male pupil TimesLIVE reports that the Gauteng education department has placed a female teacher on precautionary transfer following allegations of sexual misconduct involving a male pupil. The 27-year-old woman was teaching at Afrikaanse Hoërskool Germiston in Ekurhuleni. According to sources, the teacher sent a graphic video of herself and several photographs to the pupil. The sources said another teacher had informed the principal that some boys were sitting very close to the accused teacher in class and went on to report: “She was warned not to sit close to the boys in the class. However, she continued doing that when she took the boys on practical assignments at the sports field.” WhatsApp messages between the pupil and the accused teacher were found on the pupil’s phone as well as the video and photos of a sexual nature she had sent to him. Gauteng education department spokesperson Steve Mabona said the department viewed the allegations in a serious light and an investigation had been launched. The teacher has been temporarily placed in another school while the investigation is being conducted. The DA’s Gauteng spokesperson for education, Sergio dos Santos, commented: “The rise of sexual misconduct cases in Gauteng schools is not a joke. Over the past five years, about 500 cases were reported nationally and 173 cases were recorded in Gauteng alone.” Read the full original of the report in the above regard by Prega Govender at TimesLIVE (subscriber access only)
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