In our Wednesday morning roundup, see
summaries of our selection of recent South African
labour-related reports.
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Spar owner fined R1m by Labour Court for failing to reinstate wrongfully dismissed employee Fin24 reports that the Johannesburg Labour Court has slapped the owner of the Polofields SuperSpar in Waterfall City with a R1 million contempt of court fine for failing to reinstate a worker who had been unfairly dismissed. In its ruling against Magnus Loubser, the court said that the case gave credence to arguments that employers treated arbitration awards with disdain and contempt. Loubser faced a case brought against him and SuperSpar Polofields by the Entertainment Catering Commercial Allied Workers Union of SA (ECCAWUSA) and Kelvin Moyo, a former employee. Moyo originally referred a dispute to the CCMA on the grounds that he had been unfairly dismissed. The CCMA agreed and issued an arbitration award on 8 March 2022 that ordered SuperSpar Polofields to reinstate him. After SuperSpar Polofields refused to reinstate him, Moyo went back to the CCMA, which then enforced the order as an effective order of the Labour Court. However, Moyo was still not rehired. ECCAWUSA and Moyo then approached the Labour Court in a bid to get redress. In August, the court found that Loubser – a director of Loubser Retail Group trading as SuperSpar & Tops Polofields – gave "flimsy" reasons for not complying with the order. It found him guilty of contempt of court and imposed a fine of R1 million on him The fine was wholly suspended on condition that Loubser complied with the arbitration order within 30 days. ECCAWUSA general secretary Phillemon Sito said that according to the union’s information, Loubser had not reinstated Moyo. He said the lawyers for Moyo’s employer had "given notice of his intention to petition the Labour Appeal Court". The union intends opposing Loubser’s appeal. Read the full original of the report in the above regard by Nick Wilson at Fin24
Three farmworkers killed, scores injured in truck accident near Philadelphia, Western Cape News24 reports that three farmworkers were killed and 70 others injured when an Isuzu truck they were travelling in overturned in Occultdale Road, near Philadelphia in the Western Cape, on Tuesday morning. Western Cape police spokesperson Lieutenant Colonel Malcolm Pojie reported: "Preliminary investigation suggests that the driver of a truck lost control on the Occultdale Road near Philadelphia as he was transporting seasonal workers from Wellington to Philadelphia at about 07:00 on Tuesday. The truck overturned during which three people succumbed to injury and a total of 58 passengers were transported to various hospitals in the region to receive medical treatment. Two of the injured were in a serious condition and were airlifted." The rest of the victims were treated on site. Police registered a culpable homicide docket for further investigation. Agriculture MEC Ivan Meyer called on farmers and producers transporting workers to ensure the safety of vehicles and the transportation of their workers. "Agri workers are the key to the agri sector in the Western Cape. I am also calling for a full investigation into the circumstances that led to the death and injury of these farmworkers," said Meyer. Read the full original of the report in the above regard by Lisalee Solomons at News24. Read too, Cosatu calls for action after death of farmworkers transported on back of truck, at Cape Times Intercape takes police commissioners to court for contempt in not acting on bus violence rulings Moneyweb reports that Eastern Cape Provincial Police Commissioner Nomthetheleli Mene and National SA Police Commissioner General Sehlahle Masemola are set to appear in court on Thursday for contempt of court for failing to implement a September 2022 court order aimed at preventing violence and intimidation against long-distance coach drivers and passengers. The application, which will be heard in the High Court in Makhanda, has been brought by Intercape. It has asked the court to imprison Mene and Masemola for 90 days for contempt of court. Mene and Masemola are opposing the application and have denied that they have failed to implement an action plan to address the problem. Intercape’s application follows Judge John Smith declaring in September 2022 that ministers and SAPS officials were obligated to take steps to ensure that reasonable and effective measures were put in place to provide for the safety and security of long-distance bus drivers and passengers in the Eastern Cape. Intercape claims that they failed to fulfil that obligation. Intercape CEO Johann Ferreira said on Tuesday the attacks were a result of a violent campaign waged against the long-distance coach industry by rogue taxi associations that sought to force the coach companies out of operation in the Eastern Cape and other key routes across SA. Ferreira said that when Mene and Masemola failed to do what they were legally obliged to do, Intercape was forced to take legal action. “Since the court ruling 15 months ago, which instructed ministers and SAPS officials to prevent acts of violence and intimidation against Intercape, they have instead spent their time focused on appealing the multiple judgments handed down by the courts against them,” he pointed out. Read the full original of the report in the above regard by Roy Cokayne at Moneyweb. Read too, State officials remain unwilling to act on bus violence court rulings, says Intercape, at BusinessLive Other internet posting(s) in this news category
Richard Spoor adds Glencore to class action suit on behalf of coal mineworkers with lung diseases Fin24 reports that Glencore is the latest in a group of major mining companies to be slapped with a class action on behalf of coal miners who contracted lung diseases in SA’s mines. Richard Spoor, the human rights lawyer who won billions in a compensation settlement with gold mining companies, said this was the fourth and final lawsuit in the coal mining class action. Papers were filed in the High Court in Johannesburg on Tuesday. Spoor has already launched similar class actions against other coal miners, including Anglo American, South32, Thungela, BHP Billiton and Exxaro Group, seeking justice and compensation for thousands of mine workers who contracted lung diseases while working in the mines. He alleges that the coal companies failed to provide workers with a safe working environment and adequate training and equipment, resulting in their illnesses. As in the previous lawsuits, Spoor did not specify the amounts claimed. Glencore began its mining activities in SA in 1988, with four coal operations in Mpumalanga. Even though Glencore recently set a future date to exit the coal mining business, including in SA, Spoor said its decision “does not exempt it from historical wrongs against coal miners in the 35 years since its existence in South Africa." One of the people represented in the class action, Andries Mdluli, worked at Tavistock Colliery mine for 18 years. A former competitive marathon runner, Mdluli suffers from many symptoms of disease allegedly acquired in the mine. Read the full original of the report in the above regard by Sikonathi Mantshantsha at Fin24 Mantashe says closed-shop agreements at mines 'outdated' and 'prejudice workers' EWN reports that according to Department of Mineral Resources and Energy (DMRE) Minister Gwede Mantashe, closed-shop agreements at mines are outdated and prejudice workers. Mantashe made the remark after a series of disruptive labour disputes at some mines. These included Gold One Modder East operation, where workers tried to strong-arm the mine into abandoning an agreement giving the National Union of Mineworkers (NUM) exclusive organising rights. The company has recently experienced two hostage dramas at the bottom of a shaft at the operation in Springs, crippling gold production in the process. Mantashe said that labour reforms were needed at mines: "To me, that is artificial tampering with the rights of workers to choose unions that they want to join and for me that is unfair. I have come across a number of these closed shop agreements that suppress the views of the unions given minority status. I don’t think it’s the correct thing, I think it’s an outdated system." The Blyvoor gold mine on the West Rand also lost millions of rands in production when workers barricaded themselves underground. They told mine management they felt let down by the in-house Blyvoor Workers Union after it failed to secure Christmas bonuses and profit shares. Read the original of the short report in the above regard by Nokukhanya Mntambo at EWN
Recognition victory for union at Rainbow Chicken plant GroundUp reports that workers are celebrating after Rainbow Chicken agreed to recognise their union at its processing plant in Hammarsdale, KwaZulu-Natal, following several days of strike action. Members of the Agriculture, Food and Allied Democratic Workers Union (AFADWU) had been on strike since 6 December, saying that their organisational rights had been unlawfully terminated by Rainbow Chicken. An agreement to give the union rights to organise was reached on 11 December. The union represents nearly 500 workers at the plant working in all departments. Rainbow Chicken, part of RCL Foods, terminated the union’s right to organise at the plant earlier this year. In May, the union took the matter to the CCMA, which issued a certificate to strike. Rainbow Chicken approached the Labour Court to interdict the strike but this application was dismissed. Union members downed tools on 6 December. AFADWU’s Joe Brown indicated that the union’s recognition had been withdrawn because it did not meet a national 30% representation threshold, despite it being the majority union at the Hammarsdale facility. In a statement on 8 December, Cosatu, to which AFADWU is affiliated, called the Rainbow Chicken’s withdrawal of the union’s rights a “brazen undermining of labour rights, collective bargaining and freedom of choice, affording every employee the right to representation and to join unions of their choice”. Rainbow Chicken commented as follows: “Following extensive discussions with AFADWU over the last few days, we reached a settlement yesterday, 11 December, and the strike action has officially been called off. All striking employees will be back at work today (Tuesday). Rainbow Chicken maintained production volumes during this time.” Read the full original of the report in the above regard by Liezl Human at GroundUp
DA heads back to court over Joburg's reappointment of Floyd Brink as city manager News24 reports that the Democratic Alliance (DA) is going back to court over the decision by the City of Johannesburg to rehire Floyd Brink as city manager mere weeks after a High Court declared that his initial appointment was unlawful. On 7 November, the South Gauteng High Court ruled that Brink's appointment had been unlawful and he must be replaced within 10 days. The court found that the way former speaker Colleen Makhubele brought the motion to hire Brink had been problematic. On 22 February, Makhubele brought an "urgent and exceptional" report to the council, which included a complaint by then-acting city manager Brink about not being considered for the permanent job. The court found the matter had not been urgent because Brink issued his complaint three months before the motion. On 27 November, the court denied the City's request for leave to appeal its ruling, but two days later, the council accepted a behind-closed-doors report to rehire Brink. On Thursday, the DA filed an urgent application for an order to have the decisions that led to the approval of the report to rehire Brink declared unconstitutional, unlawful, and invalid and for any employment contract or performance contract with Brink be declared unconstitutional, unlawful, and invalid. A City spokesperson said it had filed a notice of intention to oppose the DA's court application. Read the full original of the report in the above regard by Alex Patrick at News24
Unemployed workers still battling to collect UIF benefits despite new technology GroundUp reports that people who have lost their jobs or are on maternity leave are still struggling to access money owed to them by the Unemployment Insurance Fund (UIF). Those claiming UIF benefits have been frustrated by the Department of Employment and Labour’s (DEL’s) online registration system through which benefits are claimed. The system often reflects incorrect information or does not allow people to register as claimants. In September last year, UIF commissioner Teboho Maruping told MPs that a new UIF app allowing people to lodge claims online would reduce the lines at labour centres. He said unemployment benefits should take 15 days to process “if everything required was in place”. The app and a new phone-in system (USS) were launched on 4 September. Maruping claimed this would “promote greater self-service for clients, reduce long queues in the labour centres and alleviate pressure on officials”. But people interviewed last week outside the DEL’s office in Plein Street, Cape Town said they were still struggling to obtain their UIF benefits. Sandisa Mtshula, a welder from Delft, said she had submitted her UIF claim in October when she went to the DEL’s office and had her documents scanned. A month later she received an SMS stating “the system” had no record of her documents. Alitta Twesi, who has been unemployed for five months after working for a cleaning company, said: “I have been coming to the offices about four to five times and they keep telling me I must apply online, but the online system doesn’t work. Every time I try submitting an application online it always refuses to click ‘register’.” Read the full original of the report in the above regard by Ella Morrison and Qaqamba Falithenjwa at GroundUp
Another scathing audit outcome for Compensation Fund Cape Times reports that Auditor General (AG) Tsakani Maluleke has made damning findings against the Compensation Fund for the 2021/22 financial year. The Compensation Fund provides compensation to employees who are injured or contract diseases through the course of their employment. It is financed by levies paid by employers. Maluleke said she was unable to obtain sufficient appropriate audit evidence to provide a basis for an audit opinion on the entity’s financial statements. “Due to the limitations imposed on the scope of the audit by management, I have disclaimed my opinion on the financial statements. Had it not been for the legislated requirement to perform the audit of the public entity, I would have withdrawn from the engagement in terms of the International Standards on Auditing,” she said. The fund had submitted its annual statement for the auditing of its finances a year after the scheduled deadline, a move that impacted the statements for 2022/23, which still have to be audited. In her report, Maluleke found significant internal control deficiencies in the Compensation Fund that resulted in her disclaimer of opinion. The fund’s audit action plan was found ineffective as its implemented actions fell short in rectifying material misstatements and internal control deficiencies from the previous year. Acting Compensation Fund commissioner Farzana Fakir said the disclaimer audit opinions over the years due to the fund’s weak internal controls were a concern that needed urgent attention. Read the full original of the report in the above regard by Mayibongwe Maqhina at Cape Times
Disciplinary action for two nurses after health ombud finds negligence for having turned away rape victim News24 reports that Health Ombud, Professor Taole Mokoena, on Tuesday released the findings of an investigation into the death of 15-year-old Zenizole Vena. Mokoena found that a pair of nurses at the Motherwell NU 11 Clinic in Gqeberha failed to provide healthcare to the teenager, who died on 21 September last year after she managed to escape a four-day hostage and rape ordeal. The teen was kidnapped and raped but managed to escape and went to seek help at the Motherwell clinic. But the nurses failed to assist her, instead referring her to the police station to report the matter. According to the report, Zenizole died a short while later at the Motherwell Police Station Community Service Centre while trying to report the sexual assault case. Mokoena recommended that the Nelson Mandela Bay District Health's district manager institute a disciplinary inquiry within one month of his report. Mokoena also indicated that he would refer the two nurses to the SA Nursing Council for investigation regarding their professional misconduct. Health Minister Dr Joe Phaahla said this was a tragic report that revealed severe negligence on the part of the healthcare workers. Read the full original of the report in the above regard by Yoliswa Sobuwa at News24
Department of Higher Education official arrested after issuing diploma certificate for R3,500 cash News24 reports that an official from the Department of Higher Education has been charged with corruption relating to the issuing of a diploma certificate for cash. Lufuno Ashley Rambani, 44, appeared in the Nelspruit Magistrate's Court in Mpumalanga on Tuesday, following his arrest by the Hawks in Pretoria on Monday. His friend, Doctor Frank Machavha, 40, an immigration officer employed by the Department of Home Affairs, was charged alongside him. According to the Hawks, Rambani was arrested following investigations into allegations that he "bypassed systems and supplied the complainant with a diploma certificate". Machavha was caught in a sting operation and arrested when he allegedly handed the certificate over to the complainant. Both men have been granted bail of R5,000 each. The matter has been postponed to 19 January. Read the full original of the report in the above regard by Alex Mitchley at News24 Free State municipal director granted R50,000 bail in R38m tender fraud case The Citizen reports that Letsemeng Local Municipality technical director Dineo Tsikang, accused of tender fraud and receiving monthly kickbacks, was granted R50,000 bail in the Koffiefontein Magistrate’s Court, Free State. Tsikang appeared alongside her co-accused Sebolelo Mochesane, director of service provider Nkhesebo Solutions, whose bail was set at R80,000. The duo were arrested on Monday by the Hawks’ serious corruption unit. The investigation commenced after a whistleblower reported Tsikang to the Hawks in December last year by submitting a dossier detailing the alleged corrupt relationship between the parties when Tsikang was acting municipal manager. On 15 May 2022, a bid for a bulk water upgrade tender for Koffiefontein and Ditlhake township areas was advertised at R38 million. Bloemfontein-based Nkhesebo Solutions were one of the bidders. However, it was discovered that Nkhesebo submitted a fake performance certificate and an appointment letter. Tsikang allegedly swept the discrepancy under the carpet in exchange for kickbacks from the service provider. “She leveraged the fraudulent documents and negotiated a R200,000 monthly kickback from the service provider,” claimed an insider close to the investigation. Tsikang faces charges of fraud, corruption and contravention of the Municipal Finance Management Act. She is still the technical director with her contract being renewed on a month-to-month basis after it expired in June. The case was postponed to March 2024 for further investigation. Read the full original of the report in the above regard by Getrude Makhafola at The Citizen Other internet posting(s) in this news category
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