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


TOP REPORT

Crucial Labour Appeal Court battle on Thursday over future of “modern” trade unions

GroundUp reports that on Thursday, the Labour Appeal Court (LAC) will hear a crucial appeal on the future of the Simunye Workers Forum (SWF), which represents more than 6,000 people working in the informal sector.   Last year, the Labour Court (LC) ordered that the Registrar of Labour Relations to register the forum as a trade union, meaning it would be able to represent its members in disputes, wage negotiations, and in matters before the CCMA. However, the Registrar has appealed this ruling. The SWF is an off-shoot of the Casual Workers Advice Office (CWAO). Its application for formal recognition as a trade union was rejected by the Registrar. This led to the forum approaching the LC and obtaining an order directing the Registrar to register it as a union within 14 days. In that ruling, Judge Andre van Niekerk said that while the registrar had been correct that the Labour Relations Act treated unions equally, it was wrong in assuming that it necessarily followed that unions which did not adopt organisational structures which replicated those of traditional unions, could not register. Van Niekerk noted that he SWF’s constitution provided for a position of a secretary and a chairperson for each meeting. He said the SWF was entitled to be managed by a standing committee and that it did not have to employ officials. In seeking to overturn the decision, the Registrar submitted in written argument that the issues at stake were whether the Labour Relations Act (LRA) could be interpreted to allow trade unions to determine their own structures and organisation, whether the SWF’s constitution complied with the LRA, and whether SWF was a genuine trade union.   The Registrar’s answer to all these questions was no. But the SWF said it was a “modern union” and its “flat structure” made it best placed to represent the people it served. It said it saw LRA differently to the Registrar in that it viewed it as “enabling, not confining”.

Read the full original of the report in the above regard by Tania Broughton at GroundUp


STILFONTEIN STANDOFF

Stilfontein residents barred by police from rescue operations at shaft 11 ‘crime scene’

News24 reports that on Wednesday, Stilfontein residents were prevented by police from participating in rescue operations for a large group of illegal miners (zama zamas) at an abandoned mine shaft.   Community leader Johannes Qankase, who has been at the disused shaft site for weeks, raised concern after the police barred him and his team from entering shaft 11. Indicating that they merely wanted to "save our brothers trapped in the mine", Qankase went on to indicate: "We have been told not to enter the site anymore.   Only emergency personnel are allowed near the shaft. The police have declared the site a crime scene. We have been locked out." North West police spokesperson Brigadier Sabata Mokgwabone advised that that police have prevented community members from entering the site, confirming that it was a crime scene. More advanced rescue operations are underway with mechanical tools and harnesses being utilised. Previously, the miners were rescued by using rope. Qankase said they were proud of the 10 people they had already rescued and of an unidentified body that they had hauled up using only a rope.   On Tuesday, volunteers sent a letter underground to the zama zamas informing them that help was on its way.   In the letter, they were warned to stay at least 500 metres away from the shaft's entrance. But, according to Qankase, they did not get a response to the letter.

Read the full original of the report in the above regard by Ntwaagae Seleka at News24 (subscription or trial registration required).   Read too, Stilfontein community leaders raise safety concerns about plan to extract illegal miners, at EWN

Other internet posting(s) in this news category

  • Lawyer representing illegal miners says Stilfontein standoff is ‘worse than Marikana’, at The Citizen


RICHARDS BAY MINERALS MURDERS

Alleged KZN hit man linked to murder of Richards Bay Minerals contractor appears in court

News24 reports that an alleged hit man linked to the murder of a contractor at a Richards Bay Minerals (RBM) mine made a brief appearance in court on Wednesday. The accused, Halalisani Nchunu, 27, was arrested by a police task team last week, when he was found to be in possession of three AK-47s and a 9mm pistol.   The task team is investigating the theft of minerals as well as the multiple murders of RBM executives and business contractors, including that of RBM contractor Sipho Zwelethamba Masuku, who was killed on 9 August in Meerensee, Richards Bay. His body was found in his vehicle, which was riddled with bullets. A passenger in the vehicle was also shot but survived. Nchunu faces charges of murder, attempted murder and the possession of unlicenced firearms. When he appeared in court two weeks ago, it was postponed for a bail application.   However, on Wednesday, the bail application was postponed to 4 December. Nchunu was accompanied by a large group of heavily armed police officers on Wednesday. Since the deployment of the task team to Richards Bay, 43 people have been arrested on charges of murder, theft, trespassing, possession of suspected stolen property, the unlawful possession of firearms and ammunition, fraud and intimidation.

Read the full original of the report in the above regard by Sakhiseni Nxumalo at News24 (subscription or trial registration required)


COST OF LIVING / INFLATION

Consumer inflation eases for fifth consecutive month to 2.8% in October

BL Premium reports that consumer inflation eased for a fifth consecutive month in October, to its lowest level since June 2020, boosting expectations that the SA Reserve Bank (SARB) would cut its key repo rate again on Thursday. Annual consumer price inflation was recorded at 2.8%, a sharp decline from the 3.8% reported for the previous month. This makes a further rate cut at the Bank’s upcoming Monetary Policy Committee meeting even more likely, with markets probably already pricing in a 25 basis points cut. Falling fuel prices were again the main driver, with petrol and diesel prices down 5.3% compared to September and 19.1% lower compared to one year prior.   In particular, the price of inland 95-octane petrol was its cheapest since February 2022. Further support came from food and nonalcoholic beverages, where inflation slowed to 3.6% – its lowest rate since November 2019 – having been stuck in the 4.5% to 4.7% range for the six months leading up to October.

Read the full original of the report in the above regard by Jacob Webster at BusinessLive (subscriber access only)


MUNICIPAL LARGESSE

Joburg councillors give themselves a salary increase during chaotic online meeting

News24 reports that the executive mayor of Johannesburg, Dada Morero, received an increase of R83,000 on his annual salary after the Johannesburg City Council voted to increase salaries for councillors and executives. This was done in a chaotic online extraordinary council meeting on Wednesday.   The virtual meeting faced numerous delays due to technical issues and disruptions. The remuneration package was determined by the Cooperative Governance and Traditional Affairs Minister Velenkosini Hlabisa and signed in October after consultation with the executive council responsible for local government in each province. The increases will add an extra R4.2 million to the Joburg salaries budget.   According to the new budget, the total annual remuneration for councillors and execuitves is now as follows:   Executive mayor R1,585,052 (up from R1,501,351 in 2023/24); Speaker R1,280,117 (up from R1,212,520); Members of the executive committees/mayoral committees/council whip R1,205,851 (up from R1,142,175); Chair of oversight committees R1,170,478 (up from R1,108,670); Councillors (all part-time members) R593,610 (up from R562,265).   FF Plus caucus leader Cornelis Boer said although the increases would not add much to the salary spending, the party's opposition to the item was swayed by the "principle" of giving councillors increases when residents were receiving poor service delivery. Ultimately the item was passed with 146 votes for the increase, 33 votes against – from the FF Plus, EFF, and ACDP – while 70 members from the DA abstained.

Read the full original of the report in the above regard by Alex Patrick at News24 (subscription or trial registration required)

Other internet posting(s) in this news category

  • Mogale City officials splash out on new BMWs amid ongoing sewage crisis, at News24 (subscription or trial registration required)


WORTHLESS SKILLS DEVELOPMENT

Cuban training programme qualifications not registered in SA, leaving returning students jobless

News24 reports that an eyewatering R2 billion has so far been spent on the Department of Defence and Military Veterans' flagship Project Thusano, which includes training of medical students in Cuba.   But, the training is not accredited in SA, leaving returning students with little to no job prospects. The department procures services from Cuba through a bilateral agreement on defence co-operation. Under Project Thusano, the militaries of SA and Cuba conduct exchange programmes, especially in field equipment. The Cubans maintain and repair SA’s defence equipment and vehicles. Professional training services are provided for military medical and medicine vocational courses. On Tuesday, the Auditor-General’s (AG’s) Eduard Coetzee presented the department's audit outcomes and explained how Project Thusano had drained the department's coffers. He reported: "The department has incurred a total expenditure of close to R2 billion on these services termed Project Thusano. Part of the expenditure relates to technical and professional training; to date, 108 students have been sent to Cuba to study three medical professions. In the previous year, we reported the department paid 136% more (R2.7 million vs R1.1 million) for a medicine student studying in Cuba compared to a South African tertiary institution." Coetzee said there was a lack of research, including an assessment of the course content against SA Qualifications Authority (Saca) accreditation and statutory body registration requirements before students were sent to Cuba and there was no plan for further career development and professional qualification of students upon return from Cuba. He recommended all other training courses be evaluated to ensure the appropriateness of the course content.

Read the full original of the report in the above regard by Jason Felix at News24 (subscription or trial registration required)


RETIREMENT FUNDS / PENSION INVESTMENTS

Emfuleni municipal workers lodge complaints with Pensions Adjudicator about two-pot payment delays

BL Premium reports that more than 160 employees of Emfuleni local municipality have lodged complaints with the Pension Funds Adjudicator (PFA) and the SA Municipal Workers’ Union (Samwu) about difficulties in accessing the savings portion of their pensions. Changes to retirement fund legislation on 1 September enables workers to access a portion of their retirement savings before retirement. Bongiwe Nangaleba, executive secretary to Emfuleni’s finance committee pointed out that workers who had applied for the so-called two-pot withdrawals as early as 3 September had not received any communication or withdrawals from the Municipal Workers Retirement Fund (MWRF). Nangaleba, who is part of a task team representing the disgruntled employees, said workers were “disappointed with the general administration of the fund and all of us want one thing and one thing only, to be able to migrate to other funds and we’ve been told that unfortunately there is a moratorium against migrating from one fund to another”. The saga has raised tension between Samwu general secretary Dumisane Magagula and MWRF principal officer Themba Mfeka. On Monday, Magagula said that Samwu was having difficulty getting answers from the fund and that it was not processing workers’ applications to access their savings. He also said the fund was not operating from its Auckland Park offices and maybe “they are avoiding our members”. On Tuesday, Mfeka accused Magagula of “lying”, saying the “real reason” for the allegations is because “the fund has refused to adhere to their sponsorship request of R13.8m”.

Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only)

South African employees missing billions in their retirement funds

Bloomberg reports that according to Unathi Kamlana, commissioner at the Financial Sector Conduct Authority (FSCA), the failure by SA employers to pay R5.2 billion in retirement fund contributions could leave retirees facing poverty and destabilize the retirement ecosystem.   In a speech on Tuesday, he said that currently 7,770 employers have failed to pay over retirement contributions deducted from workers’ salaries. These include almost 150 local governments, whose arrears are estimated at about R1.4 billion rand. “As pension funds rely on steady contributions to maintain liquidity and fulfil their obligations, they may become strained when contributions are inconsistent or delayed. This in turn could limit their ability to invest in long-term projects, diminishing their role as major institutional investors in the economy,” Kamlana pointed out. This made the entire retirement system more vulnerable. Failing to make the contributions also has implications on workers’ retirement savings in a nation where less than 10% of the population is able to retire comfortably. To remedy the situation, the regulator is banking on the enactment of the Conduct of Financial Institutions Bill. The law will bring employers who pay retirement contributions under its supervision, allowing it to boost compliance and accountability

Read the original of the short report in the above regard at Daily Investor

Other internet posting(s) in this news category

  • Questions over GEPF's R6.5bn dud loans: The sports car boss, a Sodi associate and others, at Fin24 (subscription or trial registration required)
  • Two-pot retirement system: Administrators will get up to R1.25 billion, at Personal Finance


DISMISSALS

Home Affairs fires 18 officials for various offences, including corruption and sexual harassment

BL Premium reports that the Department of Home Affairs (DHA) has dismissed 18 officials, with immediate effect, for a range of offences. These include fraud, corruption and sexual harassment. A further four officials have been issued with final written warnings, two of which carry periods of salary suspension. Another two officials have received written warnings.   The dismissals and disciplinary action followed the conclusion of all the required human resources and appeals processes by the department, the DHA said in a statement. The department has been plagued by corruption, with officials accepting bribes to provide sought-after documents. The officials were dismissed for irregular granting of ID documents (four), irregular solemnisation and registration of marriages (six), irregular processing of passports (one), irregular processing of birth certificates (three), irregular approval of visa applications (one), irregular extension of asylum seeker permits (one), sexual harassment (one) and the irregular deactivation of a file (one). Where prosecutable offences were committed, the dockets will be referred for criminal prosecution. The department is also working to recover ill-gotten gains from perpetrators.

Read the full original of the report in the above regard by Linda Ensor at BusinessLive (subscriber access only). Read too, Home Affairs dismisses 18 ‘crooked’ officials, at The Citizen

SIU welcomes dismissal of two National Lotteries Commission officials

The Citizen reports that the Special Investigating Unit (SIU) has welcomed the dismissal of two National Lotteries Commission (NLC) officials, namely Sibonelo Vilakazi, a former Client Liaison Officer, and Sanele Dlamini, a former Chief Financial Officer and Acting Chief Operations Officer.   SIU spokesperson Kaizer Kganyago said: “The SIU’s investigation revealed that Mr Vilakazi exploited his position to enable his spouse, Ms Nosipho Zanele Zuma, to receive 48 payments totalling R31.2 million from entities benefiting from NLC grants.” The funds were funnelled through Zuma’s company, ZZET Enterprises, and used to purchase luxury vehicles and properties. Kganyago reported further: “The disciplinary process, conducted from 29 November 2023 to 01 August 2024, found Mr Vilakazi guilty of all charges. His dismissal was finalised on 4 October 2024, marking a decisive step in addressing his gross misconduct, abuse of office, and breaches of fiduciary duty.” Dlamini faced six charges stemming from misconduct during his tenure in senior positions, including Provincial Manager: KwaZulu-Natal, Senior Manager: Grant Operations, and Acting COO. Kganyago said the charges highlighted his involvement in fraudulent activities, gross negligence, and dereliction of duty. “The disciplinary process found Mr Dlamini guilty on four of the six charges, including approving falsified reports and gross negligence. His dismissal was finalised on 27 September 2024,” he indicated.

Read the full original of the report in the above regard by Faizel Patel at The Citizen


ALLEGED CORRUPTION

Lack of skills and expertise slowing down pace of complex corruption prosecutions, NPA tells Scopa

EWN reports that the National Prosecuting Authority (NPA) says lack of skills and expertise is slowing down the pace of prosecution of complex corruption matters. The Directorate for Priority Crime Investigation (Hawks) is also experiencing similar challenges, with more than 11,000 commercial and corruption crime matters currently under investigation. The newly-proclaimed Investigating Directorate Against Corruption (IDAC) is currently investigating 10 major corruption matters involving Eskom, Transnet, Denel, SAA and Alexkor. The Special Investigating Unit (SIU), the NPA and the Hawks appeared before Parliament's Standing Committee on Public Accounts (Scopa) on Wednesday to report on the progress in these investigations and prosecutions. NPA head Shamila Batohi said that while state capture cases were of public interest and important to prosecute, they accounted for less than one percent of the work the NPA had to do. "These types of cases require very special skills, which even if we can actually hire them, we can't pay the salaries that these type of skills require to pay," she pointed out. The Hawks' head of serious commercial crime, Mmeli Makinyane, said the police were facing similar challenges. "The DPCI is also doing the outsourcing so that the cases receive the necessary attention," he indicated. The Hawks said these corruption matters accounted for only two percent of its total workload.

Read the original of the short report in the above regard by Lindsay Dentlinger at EWN

Hawks officer, stenographer in Polokwane court for allegedly offering 'to make case disappear' for payment

TimesLIVE reports that a Hawks officer and a court stenographer who allegedly promised to make an accused’s case go away appeared in the Polokwane Specialised Commercial Crimes Court on Wednesday to face charges of corruption and defeating the ends of justice.   W/O Matladi Jeridah Chokoe and Morongwa Joyce Thobejane were arrested on 7 October after an intensive investigation that began in February 2020. “The allegations stem from a January 2020 case in which the complainant was a suspect in a conspiracy to commit murder case. It is alleged that Thobejane and Chokoe met the complainant and offered to make the case ‘disappear’ in exchange for payment,” a National Prosecuting Authority spokesperson stated. The complainant initially paid R1,000 to the accused, who later demanded an additional R20,000. The complainant reported the matter to the authorities, prompting an investigation that led to the arrest of the accused. The case against the accused was postponed until 30 January 2025 for a pretrial conference. Both are currently out on bail of R2,000 each. The complainant was subsequently convicted of conspiracy to commit murder and sentenced to pay a R10,000 fine or serve six months in prison.

Read the original of the report in the above regard by Ernest Mabuza at TimesLIVE

Other internet posting(s) in this news category

  • KwaMhlanga home affairs official arrested for allegedly soliciting R20,000 to issue an ID, at News24 (subscription or trial registration required)


OTHER REPORTS OF INTEREST

  • Falsifying PhD title highlights the importance of verifying directors’ qualifications, at Business Report
  • MPs push back against electric vehicle shift and green energy citing jobs bloodbath, at IOL News
  • Security at Charlotte Maxeke Hospital to cost R6 million per month until 2027, at The Citizen
  • Unemployed Tembisa men step in to clean filthy chemical toilets in wake of contractor payment dispute, at GroundUp

 


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