In our Tuesday morning roundup, see
summaries of our selection of recent South
African labour-related reports.
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SCA ruling opens door for Nelson Mandela Bay to reclaim millions in wasteful expenditure from municipal officials Daily Maverick reports that in a watershed judgment last week, the Supreme Court of Appeal (SCA) clarified the Municipal Finance Management Act (MFMA) and ruled that municipal officials could be held personally liable for intentionally or negligently incurring unauthorised, irregular, fruitless and wasteful expenditure. In respect of the multibillion Integrated Public Transport System (IPTS) in the Nelson Mandela Bay Municipality, this ruling has opened the door for multimillion-rand claims to be recovered from seven senior former municipal officials. Lawyers had previously argued that the municipalities can only act against officials if it can be proven that the entity itself had suffered damages. But that, SCA Judge Ashton Schippers ruled last week, was not what the law intended. In dismissing an appeal by the officials, Schippers ruled that Section 32 of the MFMA made it clear that the law was intended to create personal liability on the part of municipal officials in particular circumstances. “The meaning conveyed by the wording of Section 32 is clear and unambiguous. Liability arises as soon as an official intentionally or negligently incurs unauthorised, irregular, and fruitless and wasteful expenditure: [It] is not conditional upon a municipality sustaining loss or damage,” Schippers explained. He said this interpretation of the law gives effect to the intention of Parliament: to secure sound and sustainable management of the fiscal and financial affairs of municipalities, by holding political office bearers and municipal officials personally liable for the intentional or negligent incurrence of the defined expenditure. Schippers partially dismissed the appeal by the officials before the court, bringing to an end litigation that was brought against senior city officials by the Nelson Mandela Bay Metro in 2016. Read the full original of the report in the above regard by Estelle Ellis at Daily Maverick. Read too, Pay back the money, court orders Nelson Mandela Bay ex-managers, at Cape Times
Two arrested after shootout at Bellevue substation amid rising attacks on City Power employees News24 reports that two men were arrested following a shootout with authorities at the Bellevue substation in Johannesburg on Sunday. City Power spokesperson Isaac Mangena said the men were part of a group of seven who were trying to steal copper cables. They overpowered two security officers patrolling the substation, assaulted them, then tied them up and forced them to lie face down on the ground. After the two officers failed to respond during their midnight patrol, the City Power control room operator dispatched a response team to the scene. The suspects opened fire on the response team, leading to an exchange of gunfire. The security team was able to repel the attackers, resulting in the capture of two suspects, aged 38 and 50, while five others fled the scene. The two arrested suspects are set to appear in the Johannesburg Magistrate's Court on Tuesday. Mangena said the incident was part of a concerning pattern of recent attacks on City Power employees, highlighting the increasing risks faced by those tasked with ensuring the city's power supply remained uninterrupted. Read the full original of the report in the above regard by Noxolo Sibiya at News24. Read too, Cable thieves arrested after shootout at Joburg substation, at The Citizen. En ook, City Power woedend ná aanval op beamptes, by Maroela Media
Man arrested for blocking truck drivers on N3 near Harrismith amid threats of a nationwide strike this week SABC News reports that Free State Police have arrested a man who was seen with a banner trying to stop other truck drivers on the N3 near Harrismith. Police advised that they have been monitoring the situation following threats by members of the All Truck Drivers Forum and Allied South Africa (ATDF-ASA) of a nationwide strike this week. According to the provincial police spokesperson, Brigadier Motantsi Makhele, a joint operation was staged to monitor the possible truck shutdown on both the N3 and the N5, with law enforcement officials patrolling both national roads throughout the weekend. Makhele reported: “On Monday, 11 November 2024, at Harrismith truck stop, police managed to redirect truck drivers whose trucks seemed to have blocked the entrance into the parking area. On the N3 towards Van Reenen, one male person 42-year-old was seen with a banner trying to stop other truckers, but police intervened and arrested him. The police are still monitoring the situation thus far without any incidents.” He added that the police have beefed up their deployments. Read the original of the short report in the above regard by Refilwe Mekoa at SABC News
Sibanye-Stillwater signs one-year wage deal for its SA gold mines Miningmx reports that on Monday, Sibanye-Stillwater announced the signing of a one-year wage agreement with unions at its SA gold mines. “We are pleased to have finalised this wage agreement, which is both fair for employees and affordable for the South African gold operations,” said Sibanye-Stillwater CEO Neal Froneman. The agreement was reached with the Association of Mineworkers and Construction Union (Amcu), the National Union of Mineworkers (NUM), Solidarity and UASA in respect of the group’s Beatrix, Driefontein and Kloof operations. “The final wage agreement comprises increases of 5.5% or R900 per month (whichever is higher) for both ‘category 4 to 8 employees’ and ‘miners and artisans’ for the year ending 30 June 2025, with ‘officials’ receiving a 5.5% increase,” the group advised. Commenting on the contrast of the agreement with recent five-year wage deals by other gold and platinum group metals companies in SA, Froneman said it was to enable his recently restructured mines to stabilise. “Since early 2023, the South African gold operations have undergone significant restructuring in a very volatile inflationary environment and the operations have not yet fully stabilized. We therefore believe it is more prudent and fair to re-engage again in July 2025,” he explained. Read the full original of the report in the above regard by David McKay at Miningmx. Read too, Sibanye-Stillwater strikes 5.5% wage deal with gold workers, at Moneyweb Harmony Gold celebrates fatality-free first quarter Fin24 reports that SA's biggest gold producer, Harmony Gold, had a fatality free quarter for the three months ended September 2024. We are pleased to report a loss-of-life free quarter, a significant achievement for underground gold mining in South Africa, demonstrating that a safe mine is a profitable mine," the gold producer said. The mining company’s lost-time injury rate however regressed. Three of its SA underground operations, namely Masimong, Moab Khotsong and Joel, achieved over three million loss-of-life-free shifts each. Harmony saw seven loss-of-life incidents in its 2024 year. Meantime, gold production slipped 1% to 422,172 ounces in its first quarter to end September. It did see the benefit of higher prices, however, and gold revenue climbed 23% to R18.1 billion. Read the original of the short report in the above regard at Fin24 Other general posting(s) relating to mining
West Pack Lifestyle finds private buyer and saves more than 1,100 jobs BL Premium reports that West Pack Lifestyle has announced that a private buyer has purchased its businesses and assets, so safeguarding more than 1,100 jobs across its corporate and franchise stores. After publishing its business rescue plan, 35 potential buyers were approached with 18 expressing interest. Fluxmans Attorneys director Craig Blumenthal said the winning bid came from a private individual who could operate the businesses through “newly established companies”. The final offer was accepted and approved in October after rigorous negotiations. Blumenthal added: “The business rescue practitioners anticipate filing for substantial implementation before the end of the year, which means that the successful business rescue of the West Pack entities took about six months to conclude, which for the size and complexity of the business and structure is an excellent result.” West Pack entered business rescue on 15 May 2024, owing over R118m to creditors, including Absa, Access Bank and Preference Capital. Its financial troubles were caused by a combination of an aggressive growth strategy, economic challenges and the strain of rapid expansion. Read the full original of the report in the above regard by Nompilo Goba at BusinessLive (subscriber access only). Lees ook, Honderde poste, talle West Pack-winkels gered ná ooreenkoms, by Maroela Media
Technology Innovation Agency, which hasn’t had a permanent CEO since 2019, to appoint yet another acting CEO BL Premium reports that the Technology Innovation Agency (TIA), which has not had a permanent CEO since 2019, is set to appoint yet another acting CEO. This time it will apparently tap its CFO Ismail Abdoola for the role. The agency is an entity of the Department of Science & Innovation (DS&I) based. In Pretoria. If appointed, Abdoola will replace his boss and soon to be subordinate Patrick Krappie, who has been acting CEO since 2020. TIA advised that it has decided to rotate the acting CEO role, with Abdoola being considered to have the first bite at the cherry. This as the agency hunts for an elusive permanent CEO. Several members of the entity’s executive committee are also in acting capacities, with some having acted for as long as two years. The agency was established in 2009 to support the state in stimulating and intensifying technological innovation to improve economic growth by developing and exploiting technological innovations. The agency said Krappie would revert to his role as executive responsible for innovation enabling. TIA previously indicated that Krappie had been acting in the role of CEO since June 2020 because DS&I Minister Blade Nzimande had ordered an institutional review of the organisation that year – a process only completed a few months ago. TIA is facing a R11m lawsuit from the candidate who was interviewed for the role and was meant to take over as CEO in 2020 before the institutional review put brakes on the appointment. Read the full original of the report in the above regard by Kabelo Khumalo at BusinessLive (subscriber access only) Other internet posting(s) in this news category
DA calls for private sector participation in training doctors and nurses BL Premium reports that the Democratic Alliance (DA) has proposed that the government should allow medical practitioners in training to be placed at private health facilities for internships or community service in an effort to increase the talent pool and reduce the number of medical graduates sitting at home. The DA, in a private members bill gazetted last week and put forward by its health spokesperson Michele Clarke, said medical practitioners should be able to apply to private health facilities as well as public ones for placement. The proposed bill, the DA said, would be cost effective for the state and bring more people into a system that was in dire need of professional nurses and doctors. “Should a person be placed at a private health facility, that facility will cover the cost of employment, rather than the department of health. With the addition of private health facilities, a strong private/public partnership will develop in the healthcare sector,” the explanatory note of the draft bill argues. To become a medical practitioner in SA, the Health Professions Act of 1974 provides that a medical practitioner must complete one year of community service at a public health facility, and in the case of doctors, the community service must be preceded by a two-year internship at a public health facility before they can become qualified. In October, reports emerged there was a shortfall of more than 200 community service posts for medical graduates in the upcoming 2025 annual cycle, meaning scores of newly qualified medical professionals will not have guaranteed placements for their mandatory community service. Read the full original of the report in the above regard by Kabelo Khumalo at BusinessLive (subscriber access only)
Hundreds of people employed by EPWP in KZN demand salary hike, permanent jobs EWN reports that hundreds of people employed under the Expanded Public Works Programme (EPWP) and Community Work Programme in KwaZulu-Natal (KZN) are demanding a salary increase and permanent employment. Gathered at a community hall in Howick on Monday, they also raised concerns about corruption in the programmes, citing unfairness among other things. Workers moreover told Public Works Minister Dean Macpherson that their working conditions have been frustrating. They claimed, among other things, that they did not have uniforms, tools, and protective gear. Many also raised concerns about their salary, which is apparently R960 per month. "We don’t get pay slips, we don’t actually know what our salaries are, we just see the money coming into our accounts, the R900," they claimed. Responding to their concerns, Macpherson said that permanent positions were not guaranteed under these programmes. Read the original of the short report in the above regard by Nhlanhla Mabaso at EWN
Claim of plot to collapse union following mass dismissals of Tshwane metro bus drivers Pretoria News reports that the SA Municipal Workers’ Union (Samwu) in Tshwane alleges that a plot has been hatched by some people at the City of Tshwane to collapse the trade union at the Tshwane Bus Service (TBS). The allegations by the union were made public in the wake of the dismissal of 33 TBS bus drivers affiliated to Samwu for taking part in an illegal strike in May. The affected workers embarked on a protest on Thursday and Friday against the decision to fire them, resulting in the interruption of bus operations and commuters being left stranded. Regional Samwu chairperson Ngwako Mathabathe said: “We are aware that there are people carrying out a mandate of collapsing Samwu at the TBS.” He said workers implicated in an illegal strike were from both Samwu and Independent Municipal and Allied Trade Union (Imatu), but only those from Samwu were shown the door. He explained further: “What happened was that the City of Tshwane management subjected our union members to a disciplinary hearing together with 15 Imatu members. During the hearing the management struck a deal with the Imatu members, who were given an option of admitting guilt for wrongdoing and subsequently receive a final warning. The Imatu workers agreed to the proposed deal and they were as a result released from the hearing.” On Friday, Samwu said it would lodge a dispute at the SA Local Government Bargaining Council with a view to reversing the dismissal of the workers. Read the full original of the report in the above regard by Rapula Moatshe at Pretoria News Other internet posting(s) in this news category
Retired Vereeniging cop slapped with eight year prison sentence for accepting R5,000 bribe IOL News reports that a former SA Police Services (SAPS) officer was sentenced to eight years in prison by the Specialised Commercial Crimes Court in Palm Ridge on Monday for accepting a R5,000 bribe in exchange for facilitating an investigation. The case against Gregory Edmund Beck, 68, stemmed from a complaint filed in December 2014 regarding the mishandling of a case by police in Vereeniging. National Prosecuting Authority spokesperson Phindi Mjonondwane revealed that Beck, then an active officer, demanded a bribe of R5,000 to ensure the investigation was concluded properly. The complainant, who initially promised to provide the requested amount later, reported Beck’s corrupt demand to the SAPS Anti-Corruption Unit. “In response, the office of the Director of Public Prosecutions (DPP) in Johannesburg approved an entrapment operation to catch him in the act,” said Mjonondwane. On 4 March 2015, the complainant, accompanied by police, met with Beck at a local restaurant. During this meeting, the complainant handed over the R5,000 and Beck was immediately arrested. The money was recovered from him. In court, Beck pleaded not guilty, however, the sate presented compelling evidence that established his participation in the white-collar crime. Delivering the sentence, the court acknowledged Beck’s previously exceptional service record within the SAPS, but emphasised that his criminal actions were motivated by greed and said he “should be punished accordingly for his betrayal of the trust placed in him as a public servant.” Read the full original of the report in the above regard by Sinenhlanhla Masilela at IOL News Other internet posting(s) in this news category
Probe into Uber driver who avoided picking-up disabled woman SowetanLive reports that Uber is investigating allegations that one of its drivers refused to pick up a disabled woman because she was using crutches. The incident happened on Thursday last week when Mulanga Mushasha, 21, was trying to get home from work. Mushasha, who also has a speech impediment, was accompanied by her boss, and the two were waiting outside the workplace for the ride. “He (the driver) just drove off after seeing my condition,” said Mushasha. Although she had already paid R114 for the trip, she was only refunded R10 after reporting the driver to the company. The company paid her back in full after she took her matter to social media with a video indicating her disgust. Uber spokesperson Cassie Jaganyi said the company was investigating Mushasha’s complaint. Secretary-general for Gauteng Chapter National Albinism Task Force Anneline Mathiba noted that some e-hailing drivers perceived people with a disability as an inconvenience. She emphasised that it must be explained to e-hail drivers that there were people with disabilities who needed assistance, because it was difficult for them to catch public taxis or wait in a queue. Read the full original of the report in the above regard by Nandi Ntini at SowetanLive
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