Today's Labour News

newsThis news aggregator site highlights South African labour news from a wide range of internet and print sources. Each posting has a synopsis of the source article, together with a link or reference to the original. Postings cover the range of labour related matters from industrial relations to generalist human resources.

news shutterstockIn our Friday morning roundup, see
summaries of our selection of recent South
African labour-related reports.


TOP STORY – COSATU STRIKE ON MONDAY

Cosatu set to stage national protest action strike on Monday

BusinessTech reports that trade union federation Cosatu is mobilising for a national strike on Monday, 7 October, when it aims to march against high levels of unemployment in the country, “rampant retrenchment” in the public and private sectors, the rising cost of living, and crime. The federation will also be presenting a list of demands, including that the government drop ‘privatisation’ strategies and stop budget cuts, which it calls “austerity measures”. Cosatu plans to strike nationally and hand over a memorandum of demands to the Department of Employment and Labour. But, organised business hit back at the federation’s planned action, calling it misguided. Business Unity SA (Busa) expressed concern over the strike, saying that it did not believe the shutdown would address any of the challenges raised by Cosatu.   Busa CEO Cas Coovadia said: “We respect the right to strike or protest, within the dictates of the law, but believe the issues raised by Cosatu are structural in nature and can be addressed through the various bilateral and multilateral processes, engagements, and partnerships underway.”   Noting that the economy was under severe strain, Coovadia went on to comment: “These actions also hinder our collective efforts to grow the economy at a rate that can address unemployment, inequality, and poverty. We need to prioritise stability and collaboration to foster long term economic growth, rather than resorting to measures that negatively impact both business and citizens.”

Read the full original of the report in the above regard at BusinessTech

With Cosatu strike looming, Busa wants Section 77 protest action procedures revised

Engineering News reports that Business Unity SA (Busa) has expressed concern over the planned nationwide protest by the Congress of South African Trade Unions (Cosatu) on Monday. It says that recurring protests, using “outdated” National Economic Development and Labour Council (Nedlac) strike certificates issued under Section 777 of the Labour Relations Act place undue strain on businesses and the economy. Amongst other issues, Cosatu will be protesting against retrenchments, which it claims are designed to maximise profit. The federation notes that “we have seen the number of retrenchments increase at alarming rates accompanied by weak economic growth as well as rising costs of living”. Busa said while it acknowledged the importance of labour rights, protests should not come at the cost of economic stability. Moreover, it did not believe that Cosatu’s strike would address any of the challenges that the federation had raised. Busa CEO designate Khulekani Mathe reiterated the organisation’s proposal to revise Nedlac Section 77 processes, to limit the time between Nedlac certificates and protests to 12 months, so ensuring that labour actions were “relevant, current and justified”. Mathe pointed out that to Busa’s knowledge, the issues being relied upon by Cosatu in the proposed strike were last discussed in Nedlac in 2017.   He noted that no effort had been made to engage government or business in Nedlac since then on these issues.   “The use of an old certificate to stage recurring protests exemplifies the need for reform,” he argued.

Read the full original of the report in the above regard at Engineering News


OCCUPATIONAL SAFETY

'Extensive data' under analysis in George building collapse probe

News24 reports that the independent investigation into the collapse of a building under construction in George in May this year involves "a detailed technical assessment of extensive data."   This was pointed out by Western Cape Infrastructure MEC Tertuis Simmers in response to a written question in the provincial legislature about why the investigation was taking so long and whether Simmers had received any updates from the SA Police Service or the Department of Employment and Labour (DEL). Simmers emphasised that it was advised "at the outset" that the probe would take up to a year. A structural engineering firm appointed by the provincial government is conducting the probe. Simmers pointed out that most of the data being assessed was under the control of third parties, including other investigating authorities. "The investigation follows a methodical and thorough process that includes collecting, collating, and testing data and information. Requests for information to be shared by other agencies who are conducting their own investigations into the building collapse are ongoing," he reported. Simmers said that his department had received no updates from the police or the DEL. The building collapse occurred in May, claiming the lives of 34 workers.

Read the full original of the report in the above regard by Marvin Charles at News24 (registration required)


MINING REPORTS

AMCU rejects Seriti’s reasons for planned retrenchment of 1,100 workers

EWN reports that the Association of Mineworkers and Construction Union (AMCU) has rejected reasons given by coal producer Seriti Resources for its planned retrenchment of 1,100 workers at two of its operations in Mpumalanga. On Wednesday, workers associated with the union protested outside the coal mining giant's offices in Illovo to oppose the company's restructuring plans.   AMCU president Joseph Mathunjwa said that the company's decision was irrational. He commented and asked: "South Africa contributes less than 2% of CO2 [carbon dioxide] emissions and then China is sitting at about 35% of CO2 emissions. US [United States] is sitting at about 13.5%. But those people are not closing down, India is not closing down, Russia is not closing down. You with your lousy 1.2%, what effect would you make in the world in terms of addressing climate change?"

Read the original of the short report in the above regard by Mongezi Koko at EWN

Corruption Watch launches Best Practice Guideline on Community Consultation for mining industry

Mining Weekly reports that anticorruption nonprofit organisation Corruption Watch (CW) has launched the Best Practice Guideline on Community Consultation in the SA Extractives Industry 2024 (BPG). The BPG seeks to give guidance on community consultation requirements which must and should apply to mining projects, with reference to laws, policies and international best practice. “Despite the positive contribution of the mining sector to the country’s economy, consultations between mining companies and mining-affected communities have not always been optimal or effective and are inconsistent. These consultations are essential for establishing meaningful outcomes for mining-affected communities, securing the mining company's social licence to operate, and ensuring that appropriate safeguards are put in place to conduct mining activities in a responsible manner,” CW BPG project lead Sienne Molepo explained. The guide, which was developed in partnership with law firm Webber Wentzel, seeks to provide an analysis of the SA legal regimes applicable to community consultation and consent; how these are read and applied together in the context of mining projects; and their application to the nuanced community structures existing in SA. It also proposes recommendations to support meaningful engagement with mining-affected communities. The BPG is intended for use by mining companies operating in the extractives industry in SA, the Department of Minerals and Petroleum Resources (DMPR), and law- and policy-makers. It can also be used by mining-affected communities as interested and affected parties, as well as industry bodies and civil society, in providing practical guidance on consultation and consent in mining projects.

Read the full original of the report in the above regard at Mining Weekly

Other general posting(s) relating to mining

  • Busa urges mining industry to guard against corruption, at Miningmx


EMFULENI SALARIES PAID

Emfuleni workers finally receive September salaries after municipality’s wrangle with Eskom resolved

EWN reports that after more than two weeks without pay, municipal workers in Emfuleni Local Municipality have finally received their salaries. Thousands of workers were left high and dry after Eskom attached the municipality’s bank accounts, owing to its failure to pay its electricity provision bill.   This delayed the payment of the municipal workers' salaries for September. The embattled municipality confirmed that workers were paid on Thursday.   Emfuleni owes Eskom R8 billion, which accounts for 10% of the total amount owed by municipalities across the country. Emfuleni’s spokesperson, Makhosonke Sangweni, reported that the municipality has pledged to pay 10% of its electricity revenue to Eskom monthly.   "This means that ourselves and Eskom, we are going to work together. They are going to be responsible for production and we are both going to be responsible for distribution. We are going to share profits between ourselves and them," said Sangweni. Earlier this week, some workers took their frustrations to the streets, demanding an urgent solution to the non-payment of salaries.

Read the full original of the report in the above regard by Alpha Ramushwana at EWN. Read too, Operations resume in Emfuleni municipality after agreement with Eskom over R8bn debt, at News24 (registration required). And also, Gauteng government is to blame for Emfuleni Municipality's salary crisis, say DA and EFF, at City Press (subscriber access only)

Other internet posting(s) in this news category

  • Ooreenkoms tussen Emfuleni, Eskom eindelik bereik, by Maroela Media


EDUCATION / BELA ACT

Sadtu members protest over education minister Siviwe Gwarube snubbing of Bela Bill signing

TimesLIVE reports that SA Democratic Teachers’ Union (Sadtu) members picketed outside a venue where Department of Basic Education (DBE) Minister Siviwe Gwarube, her deputy Makgabo Reginah Mhaule and education MEC Sipho Hlomuka met with stakeholders in KwaZulu-Natal on Thursday.   The meeting at the Anton Lembede Mathematics, Science and Technology Academy in La Mercy was aimed at gauging challenges faced by the education sector in the province. Though not present among protesting members, Sadtu provincial secretary Nomarashiya Caluza said they were not happy about the minister not attending the signing of the Basic Education Legislation Amendment (Bela) Bill into law. The bill proposes revisions of language and admission policies at schools. “She boycotted the signing and this makes us question her commitment to education. You must remember Sadtu was at the forefront of the Bela Bill because we wanted to bring transformation and access to the education sector,” said Caluza.   She also accused Gwarube of causing unnecessary panic in the education sector regarding budget cuts. “The issue of the cutting of posts is only unique in Western Cape. In KwaZulu-Natal, for instance, the department has recently advertised posts,” said Caluza. A member who addressed the protesting group said they were not happy with how Gwarube had been running the ministry, claiming she represented only the elite. A strong security presence was present at the venue.

Read the full original of the report in the above regard by Mfundo Mkhize at TimesLIVE. Lees ook, DA, VF+ versoek om RNE te heroorweeg sou Bela bly, by Maroela Media

Other internet posting(s) in this news category

  • ‘He was drunk and swore at me’ - teacher opens intimidation case against pupil, at SowetanLive
  • ‘Dit gaan nie goed met SA onnies’ – SAOU navorsing , by Maroela Media


‘TWO-POT’ RETIREMENT WITHDRAWALS

In ‘two-pot’ retirement fund scramble, Old Mutual sees two years' worth of early withdrawal claims in two weeks

Fin24 reports that Old Mutual says the two-pot savings withdrawals it has experienced in the last two weeks are more than double the number of early retirement fund withdrawals it normally processes in an entire year. Michelle Acton, chief customer officer at Old Mutual Corporate, says the group has had about 170,000 two-pot savings withdrawals totalling about R2.2 billion since it began processing them on 18 September. This compares to the approximately 70,000 to 80,000 early fund withdrawals it normally sees every year due to members retiring, dying, or opting to access their pension savings early, following retrenchment, resignation, or dismissal. "We've received more than twice the number of claims we'd normally see in a year in a few weeks. It's a very big volume in a short period of time," Acton said, adding: “We saw a massive flood in the beginning but we're still seeing every single day volumes of claims coming in. But we don't anticipate this sort of volume to continue. It is quietening down, but we are still seeing a steady flow of claims coming in on a daily basis.” The two-pot retirement system came into effect on 1 September. Acton said Old Mutual's data showed that withdrawals tended to be mostly from clients whose pensions were tied up in occupational retirement schemes, with 27% of such members eligible to withdraw from their savings component having opted to do so. "In the occupational space, we've seen significant volumes. In the retirement annuities space, we are seeing volumes but they're a lot less than what we're seeing in the occupational space." Acton reported.

Read the full original of the report in the above regard by Garth Theunissen at Fin24 (registration required)


NATIONAL HEALTH INSURANCE

Solidarity’s court battle against NHI set to continue unopposed after government again misses deadline

Trade union Solidarity confirmed on Thursday that it would continue to argue its case against the National Health Insurance (NHI) Act before the court on an unopposed basis as the government had again failed to lodge opposing court papers.   Solidarity will now request that the matter should continue unopposed as the period within which opposing papers had to be filed has apparently been disregarded repeatedly.   Solidarity served its court papers on the government on 24 May and agreed to the government’s request for postponement. According to Peirru Marx, Solidarity’s network coordinator of the medical professions, the state’s last opportunity to file its opposing papers expired on Wednesday, 2 October. “We are not surprised to see how difficult the government’s legal team finds it to formulate counterarguments. We do not think the government can answer us,” Marx commented. “How will they be able to afford the NHI, and how are they going to let the NHI work?” Marx asked, adding that for years Solidarity had been seeking answers to these questions without getting any meaningful answers.   Solidarity also indicated that it has drafted a workable alternative to the NHI, which would soon be introduced to the media and the public.

Read Solidarity’s press statement in the above regard at Politicsweb


DISPUTED DISMISSALS

Fort Hare ordered to reinstate employee axed after porn posting on wrong WhatsApp group

News24 reports that the University of Fort Hare (UFH) has been ordered to reinstate an employee it dismissed for sending a pornographic image to the university's alumni WhatsApp group. The employee, an account executive, sent an image of female genitalia to the 181-member group in May 2023. According to evidence before the CCMA, the image was sent on a Sunday afternoon to the group, with the caption, "It's all yours". The group's admin brought the image to the employee's attention 11 minutes later.   The axed employee's response was an apology, explaining that he had sent the image to the "wrong group". In a disciplinary hearing, the employee was found guilty of "sexual harassment, gross negligence, and bringing the company into disrepute" and was dismissed in September 2023. The axed employee then took the university to the CCMA, where he argued the photo was not his because it had also been forwarded to him. When he was informed about the image, he immediately apologised to the group, and wrote 'Sorry, wrong group'. The image was apparently intended for a group of male friends. The university argued that the forwarding of the explicit image constituted sexual harassment and that the WhatsApp group members had found it “inappropriate and degrading."   The CCMA commissioner found the dismissal of the applicant was "procedurally fair but substantively unfair" and ordered the university to reinstate the applicant retrospectively from 4 September 2023 and back pay the applicant for 12 months by not later than 14 October 2024. The applicant has to report for duty on 7 October 2024. The university is awaiting legal advice from its attorneys to determine whether the award is reviewable.

Read the full original of the report in the above regard by Sithandiwe Velaphi at News24 (registration required)

Other internet posting(s) in this news category

  • Labour Court dismisses ex-municipality official’s ‘unfair dismissal’ case after election as councilor, at The Citizen


ALLEGED COP CRIME

Bail applications of four cops accused of multimillion-rand Llandudno house burglary postponed

TimesLIVE reports that three police sergeants and a constable who allegedly took part in a multimillion-rand house burglary in one of the country's most exclusive residential suburbs will remain in custody until their next court appearance in Cape Town. Jacobus Groenewald, 44, Bradley Minnaar, 28, Mthuthuzeli Mafanya, 33, and Bathandwa Soldati, 38, appeared in the Wynberg Magistrate's Court on Thursday. National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila reported:   “Three of the accused were supposed to apply for bail but this could not happen as Soldati was added to the docket today (Thursday) and his legal representative also needs to get instructions from him before applying for bail.” A police spokesperson said the 38-year-old sergeant (Soldati) was arrested at Philippi SAPS after being “linked through fingerprints found at the crime scene”. The house robbery took place at about 1.35am on 14 September. The owner of the property is a foreigner. The first of the four suspects was arrested on the same day, and the most recent arrest was made on Wednesday. Provincial police commissioner Lt-Gen Thembisile Patekile applauded the arrests, adding that police were supposed to uphold the law and protect the public.

Read the full original of the report in the above regard by Kim Swartz at TimesLIVE


ALLEGED ATM CRIME

Ex Standard Bank employee who allegedly pocketed over R500,000 meant for loading into ATMs, claims kidnappers made him do it

IOL News reports a former Standard Bank employee who allegedly pocketed over R500,000 meant for Automated Teller Machines (ATMs) made an appearance in court this week. Bongani Vincent Nkosi (37) appeared in the Specialised Commercial Crimes Court sitting in Ga-Rankuwa charged with two counts of theft. The matter was postponed to 22 November for judgment. National Prosecuting Authority (NPA) spokesperson Sivenathi Gunya said the accused had been an employee of Standard Bank in Mabopane. He elaborated as follows: “His (Nkosi’s) duties were to load cash into six automated teller machines, handling of customer automated teller machines, and taking out cash from deposits made by customers at the automated teller machines.   It is alleged that on February 3, 2017, the accused was required to load cash in the amount of R630,000 into the automated teller machine of Standard Bank. Investigations revealed that he only loaded an amount of R70, 000.”   Allegedly, Nkosi pocked the balance of R560,000. He was arrested in July 2018. The State asked the court to reject Nkosi’s version of events. “The accused claimed that he was accosted and kidnapped by unknown people who threatened to cause harm to him if didn’t steal an amount of R1 million from the bank and hand it to them. He was then released to go to his work place the next day when he decided to go on with a plan to steal the amount of R 560,000. According to the accused, he drove to the place where he met his assailants and handed over the money to them,” Gunya related. But, Nkosi failed to report the matter to his manager or the bank or the police.

Read the full original of the report in the above regard by Jolene Marriah-Maharaj at IOL News


OTHER REPORTS OF INTEREST

  • Government’s 3% wage offer 'disgusting and embarrassing', says PSA, at EWN
  • Treasury endorses SA's Bajabulile Swazi Tshabalala to be next CEO at African Development Bank, at Fin24
  • City of Joburg to motivate for removal of clause that exposed workers to 'loan shark' pain, at Sunday Times Daily (subscriber access only)
  • Tshwane-stadsbestuurder in visier ná brief oor gedrag teenoor Brink, by Maroela Media
  • Cosatu slams Mkhwebane over her Indian descent comments, at EWN

 


Get other news reports at the SA Labour News home page