In our Thursday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Prosecute state capturers Koko and co-accused now, Solidarity tells the NPA Maroela Media reports that in an urgent letter to the National Prosecuting Authority (NPA) on Wednesday, Solidarity demanded that the prosecution of former Eskom boss, Matshela Koko, and his co-accused be brought before the court again as a matter of priority. The corruption case in which Koko was one of the accused was struck from the court roll on Tuesday. This was not because Koko’s innocence had been proven, but rather because the investigation was being dragged out and the accused parties’ constitutional right to a speedy trial had to be taken into account. Solidarity was the complainant in the case, which dealt with Koko’s alleged share in corruption relating to contracts for the refurbishment of the Kusile power station in Mpumalanga. Among other things, Koko was accused of awarding contracts unlawfully and at inflated prices to suppliers. This includes contracts for and payments to his wife, two stepdaughters, as well as to companies McKinsey and Trillion. According to Deon Reyneke, Deputy Chief Executive of Solidarity, the unreasonable delay in the prosecution was a grave matter: “He (Koko) is an absolute central figure in state capture and played a big part in the fact that South Africa is now left in the dark. That is why we clearly state that there is justice for South Africa in the prosecution of Koko. This decision (to withdraw the case) is also a huge slap in the face for honest employees, and even more so for whistleblowers who disclosed this information in the first place.” Reyneke added: “If he (Koko) cannot be prosecuted by the NPA, or if they lack the capacity to carry out the matter, we are prepared to help start a process of private prosecution.” Read the full original of the report in the above regard in Afrikaans at Maroela Media How Koko's corruption case crumbled: Investigator details lack of resources, even while VIP protection budget balloons News24 reports that as taxpayers fork out R2 billion a year for VIP protection for the president and his cohorts, the investigator in the State's defunct R2.2-billion prosecution against ex-Eskom CEO Matshela Koko said the trial was delayed by severe resource constraints and funding challenges. According to the investigator, one of the State's main challenges in finalising its now six-year-old fraud, corruption, and money-laundering investigation lay in the protracted process it had to follow to secure a much-needed data analyst and forensic auditor. The amount of work involved in analysing the "significant amount of evidence" seized from Koko and his wife's home, among other premises, was immense, the investigator pointed out. But, data analyst and forensic auditor appointments took much longer than anticipated. The Investigating Directorate's lead data analyst had resigned in December 2022 and was only replaced on 28 August 2023. The forensic accountant's appointment was only confirmed on 25 August 2023. But this evidence failed to convince Mpumalanga magistrate, Stanley Jacobs, who on Monday struck the State's charges against Koko and his co-accused from the roll. They can only be reinstated if and when the National Director of Public Prosecutions signs off on the case being trial-ready. The State's inability to present its case against Koko and his co-accused within a year of their arrest has sharply revealed the impact that budget cuts and protracted financial bureaucracy are having on the administration of justice. This is said to be particularly hard to swallow when contrasted with the ease of government spending on VIP protection for President Cyril Ramaphosa and his high-level cohorts in government. The Institute of Security Studies previously advised that the budget for this protection – which is available to only 200 people – is 74% of the total budget allocated to the NPA and 167% of the Hawks budget. Read the full original of the report in the above regard by Karyn Maughan at News24 (subscriber access only) Investigating Directorate blames lack of specialised skills for its state-capture court defeats BusinessLive reports that the Investigating Directorate (ID) of the National Prosecuting Authority (NPA) has blamed a shortage of specialised forensic accountants, auditors and financial investigators in its ranks for court defeats in state-capture cases. This was after the Middelburg Specialised Commercial Crimes Court on Tuesday struck former Eskom boss Matshela Koko’s R2.2bn fraud, corruption and money-laundering case off the roll due to unreasonable delays. The Directorate for Priority Crime Investigation (the DPCI, also known as the Hawks), the NPA and the Special Investigating Unit (SIU) briefed the standing committee on public accounts (Scopa) in parliament on Wednesday about collaboration on cases pertaining to state-owned enterprises (SOEs) referred by the SIU. The SOEs include Eskom, Transnet, SAA, Prasa and Denel. ID head Andrea Johnson said the directorate faced “institutional impediments” relating to its nonpermanence. She pointed out that it depended on secondment of personnel from other law-enforcement agencies for its criminal investigations. “At present we are unable to recruit and retain critically skilled and experienced personnel, not only at sustainable remunerative rates but the nonpermanence of the ID hinders the fact that the ID can go out and recruit staff. We still have a lot of staff currently that are on contract, with contracts expiring as early as first quarter of 2024,” Johnson said. She bemoaned the lack of digital forensic and data analysts. Record-keeping was another issue that hindered the ID’s capacity to deliver on its mandate more efficiently. DA MP Benedicta Maria van Minnen called on law-enforcement agencies to take investigations seriously “so they did not exist only on paper”. Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive Other internet posting(s) in this news category
Field ranger killed in hippo attack at KZN game reserve News24 reports that a 31-year-old field ranger at Mkhuze Game Reserve in KwaZulu-Natal was killed by a hippo while on foot patrol over the weekend. Ezemvelo KZN Wildlife said it was saddened by the death of Sphamandla Mthembu, who died on Sunday. Mthembu had worked as a field ranger for eight years. The wildlife entity said Mthembu was patrolling with three of his colleagues and tracking footprints, following reports of people putting snares in the area. During their patrol, the men split into two groups and went in opposite directions. In a statement, Ezemvelo KZN Wildlife indicated: “Within a few minutes, one of Mr Mthembu's colleagues heard a gunshot from Mr Mthembu's direction. When he went to investigate, he saw a hippo attacking Mr Mthembu.” Mthembu's colleague opened fire on the hippo, killing it. He was still alive when the hippo died, and managed to speak to his colleagues before he succumbed to his injuries whilst they were waiting for assistance. A family spokesperson said Mthembu would be buried on Saturday. Read the full original of the report in the above regard by Nkosikhona Duma at News24. Lees ook, Ervare KZN-veldwagter sterf in seekoei-aanval, by Maroela Media Richards Bay nurse shot dead at clinic, allegedly by estranged husband / fellow municipal employee TimesLIVE reports that police are searching for the estranged husband of uMhlathuze nurse Jabulisiwe Mthethwa who was shot dead at a Richards Bay clinic on Wednesday. uMhlathuze municipality spokesperson Bongani Gina reported that Mthethwa was fatally shot while on duty at about 10am. “The perpetrator, allegedly identified as her estranged husband and a city employee in the roads unit of the infrastructure services department, entered the clinic premises and engaged in a brief conversation with the victim before committing this heinous act,” said Gina. The man, armed with a handgun, fired three shots – two to the chest and one to the neck. Despite swift response by paramedics, the victim died at the scene. The suspect left a note at the clinic's reception desk and fled the scene in a municipal truck, later found abandoned in Ngwelezane, outside eMpangeni. The note seemingly detailed why the perpetrator killed the nurse at that spot. uMhlathuze city manager Nkosenye Zulu closed the clinic and arranged trauma counselling for colleagues who witnessed the murder. Read the full original of the report in the above regard by Mfundo Mkhize at TimesLIVE Off-duty PMB police officer killed in road rage altercation was shot nine times TimesLIVE reports that off-duty Pietermaritzburg public order police Const Thabani Gwala, who was killed during an alleged road rage altercation, was shot nine times. This emerged in the Pietermaritzburg Magistrate’s Court on Tuesday when Asad Hanif Ramjan, arrested in connection with his death, applied for bail. Ramjan, an employee at a gun company, was arrested at the scene of the shooting in Oribi Road, Bisley on 13 November. According to investigating officer W/O Jurgen Rencken, Ramjan had flashed lights at Gwala who was driving home after his shift on Oribi road. Ramjan overtook Gwala, who then overtook Ramjan and stopped his vehicle. It is alleged Ramjan disembarked from his car with a retractable baton and firearm. The two parties got into an argument and Gwala pointed his firearm at the applicant and disarmed him of the baton and hit him above the right eye. The accused then drew his firearm and shot the deceased several times. The police officer’s firearm was found next to his body. Post-mortem findings revealed there were nine exit wounds on Gwala’s body. The state objected to Ramjan being granted bail. “There is an outcry about the number of police officers killed in the country,” the state prosecutor said, referencing a protest outside court by members of the Police and Prisons Civil Rights Union. Bail proceedings are set to continue. Read the full original of the report in the above regard by Mfundo Mkhize at TimesLIVE Other internet posting(s) in this news category
Consumer inflation accelerates again in October to 5.9% BL Premium reports that headline inflation accelerated to the top end of the SA Reserve Bank’s (SARB’s) 3%-6% target range in October, reinforcing the view that the Bank could maintain its tighter policy stance for longer before adjusting it lower to relieve pressure on indebted consumers and businesses. The consumer price index (CPI) rose 5.9% year-on-year in October, the highest since May, Stats SA reported on Wednesday. On a month-on-month basis, headline CPI rose 0.9% in October. Food and fuel prices were mainly responsible for the acceleration in consumer prices. However, core inflation, which strips out volatile food and energy to better reflect underlying inflation trends, eased slightly to 4.4% from 4.5%. Stanlib chief economist Kevin Lings commented that while there remained some upside risks to inflation, including higher fuel and electricity prices, they appeared likely to be contained given already high interest rates, and sluggish economic activity that made it more difficult for companies to pass-on a range of price-pressures. At its Monetary Policy Committee (MPC) meeting on Thursday, the SARB is widely expected to leave interest rates unchanged for the third meeting running. Read the full original of the report in the above regard by Andries Mahlangu at BusinessLive (subscriber access only). Read too, SA inflation hits five-month high before interest rate decision, at Moneyweb. En ook, Inflasie styg derde agtereenvolgende maand, by Maroela Media Other internet posting(s) in this news category
Nedbank names Jason Quinn as incoming CEO Moneyweb reports that banking group Nedbank has announced Jason Quinn as chief executive-designate to replace retiring CEO Mike Brown next year. Quinn comes from major competitor Absa. Nedbank said his appointment was subject to regulatory approval, which would include getting the green light from the SA Reserve Bank (Sarb). Quinn resigned from his position at Absa with immediate effect on Wednesday afternoon. He has been Absa's financial director since 2016, and was also its interim CEO for almost a year following the shock resignation of Daniel Mminele in April 2021. Mminele has since been appointed as Nedbank's chair. Prior to joining Absa in 2008, Quinn was a partner at Ernst & Young from 2005. There has been a lot of speculation as to who could take on the Nedbank top job, following Brown announcement of his planned retirement earlier this year. Sarb’s outgoing deputy governor Kuben Naidoo was one of the names that came up, following his resignation from the central bank a few weeks ago. Based on reports by Suren Naidoo at Moneyweb and by Karl Gernetzky at Fin24
Court rules Zimbabwean truckers with valid permits cannot be fired Moneyweb reports that Zimbabwean truck drivers notched up a victory this week in the Durban High Court, which ruled they cannot be fired if they have a valid permit, such as the Zimbabwean Exemption Permit (ZEP). Earlier this month, several Zimbabwean truckers approached the court with evidence that their employment had been terminated on the grounds that they were illegal immigrants – even though they all had valid ZEP permits. Some were fired through a WhatsApp message. The truckers advised the court that the “firing by WhatsApp” notices started appearing after the National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) issued a notice advising companies not to employ foreign truck drivers without valid work permits over South African drivers. That seems to have been misread by some employers who started terminating the employment of Zimbabwean truck drivers, even though they had valid permits to work in SA. The outcome of the case was that the employer, Image Freight Logistics, was prohibited by the court “from terminating ZEP holders’ employment on the grounds that they are illegal immigrants, pending expiry of the ZEP on 30 June 2024”. The ruling says the truckers who brought the application have an obligation within 10 days to prove to the Department of Home Affairs (DHA) that they have lawful ZEP permits allowing them to live and work in SA. Image Freight Logistics also has 10 days to prove that it has complied with the order. Read the full original of the report in the above regard by Ciaran Ryan at Moneyweb
Moonlighting led to Wits lecturer getting booted Pretoria News reports that working as a full time lecturer at a university while also working full time as an accounts director at another company, without disclosing to the university that she also had another full time job, has resulted in the university giving the lecturer the boot. Dr Sibongile Vilakazi turned to the CCMA to fight against her sacking, but the commissioner found that her dismissal was both substantively and procedurally fair. Aggrieved with this finding, Vilakazi then turned to the Labour Court. Vilakazi was initially employed by the University of Witwatersrand (Wits) in its Business School section as a part-time lecturer because she also worked for Alexander Forbes. She later resigned from Alexander Forbes, opting to take up full-time employment. The university made it clear in its contract with her that it had a policy in place that an employee must declare other interests. The Labour Court noted that it was common cause that with the ink barely dry on her permanent employment contract with the university, Vilakazi also took up full time employment with Kantar SA as a full time accounts director. She earned significantly more from the company than from the university. Judge S Snyman commented that, on the undeniable facts, Vilakazi was not entitled to and physically could not have performed her full duties simultaneously for two full time employers. “This is an untenable proposition, as a matter of common sense and logic, and how the applicant, as a highly qualified and academic person could not see this, is beyond comprehension,” the judge commented. He dismissed Vilakazi’s application. Read the full original of the report in the above regard by Zelda Venter at Pretoria News
Kopanong mayor’s suspension without a hearing ‘grossly harsh’, says SACP The Citizen reports that the SA Communist Party (SACP) in the Free State has criticised the ANC for the summary suspension of Kopanong Municipality mayor Xolani Tseletsele, saying he should first be heard on the matter. Tseletsele is in hot water after he was caught on video threatening a Jagersfontein resident at his private residence. The video shows Kalebe Kalebe in his yard with his children and Tseletsele storming his home and insulting him. Tseletsele was angry at Kalebe after he complained about potholes in Jagesrfontein on the social media platform Facebook. On Tuesday, ANC secretary-general Fikile Mbalula announced Tseletsele’s suspension. However, the SACP on Wednesday said it disagreed with the “passing of judgment and sanction” without a hearing. Provincial secretary Bhekie Stofile said in a statement: “The SACP in no way condones the altercation. However, in the interest of fairness and consistency, we urge that the matter be handled through an organisational process with restraint, based on facts and truths and with an intention to be corrective, than punitive.” He added his organisation would seek a meeting with ANC “to offer targeted corrective measures” on the matter. The incident, reported on Monday, drew widespread condemnation. Tseletsele is also the provincial chairperson of the ANC Youth League (ANCYL). Read the full original of the report in the above regard by Getrude Makhafola at The Citizen
Senior Msunduzi official in housing department fired amidst allegations of financial irregularities The Witness reports that senior Msunduzi official Radha Gounden has been fired amidst allegations of financial irregularities in the housing department he headed. He received his dismissal letter last week. The internal audit unit investigated the matter and it was found that some goods ordered in the department did not tally with the invoices. Some invoices were paid, but the goods were not accounted for. Gounden’s spokesperson Yuven Gounden confirmed the dismissal and said his legal team was studying the document received. IFP uMgungundlovu district leader and Msunduzi councillor Thinasonke Ntombela and the ACDP’s Rienus Niemand noted that decisive action had been long outstanding and added. “The ACDP has called for an investigation a long time ago at the Mpac committee. The massive losses in the rental housing and general mismanagement are not the doing of one person only. The whole department must be forensically investigated and brought to book.” Read the original of the short report in the above regard at The Witness Ex-Hawks captain who sold police uniforms and dockets found guilty Cape Times reports that the Bellville Serious Commercial Crimes Court has convicted a former Hawks captain who, among other things, sold police uniforms and stole dockets. Esmeralda Bailey was found guilty on Tuesday on charges that included corruption, possession of drugs, obstruction of justice and loss of firearm. The 55-year-old is currently out on bail. “It is reported that Esmeralda Bailey, 55, was arrested by the Serious Corruption Investigation team in 2011 and charged after she stole an exhibit firearm, sold a docket, stole a cellphone from a crime scene as well as sold a set of police uniforms. Her conviction follows after numerous court appearances. Her bail has been extended,” said Hawks spokesperson Zinzi Hani. The matter was postponed to 24 November for pre-sentencing. Bailey is known for her investigation that led to Dina Rodrigues being sentenced to life imprisonment for the murder of baby Jordan Leigh Norton in June 2005. Read the full original of the report in the above regard by Okuhle Hlati at Cape Times Other internet posting(s) in this news category
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