Today's Labour News

‘IT’S ABOUT UNEMPLOYMENT, STUPID’

Cosatu tries (again) to get message through that SA’s public employment crisis is a ticking time bomb

Cosatu General Secretary Solly Phetoe writes that when unemployment is at its highest, government needs to ramp up not cut back on public employment and employment programmes.   He says that Cosatu, alongside the SA Municipal Workers’ Union (Samwu), was deeply distraught by the Department of Cooperative Governance and Traditional Affairs’ (Cogta’s) December announcement that 67,000 Community Works Programme (CWP) workers above the age of 55 years would be dismissed due to budget constraints. This was a devastating blow to these workers and their 450,000 dependants as they will not find work in an economy with a 41.9% unemployment rate. Moreover, a majority of these workers are under 60 years and thus not eligible to receive the Old Age Grant. “We have been distressed by massive cuts to the Presidential Employment Programme over the past two years from a peak of R36 billion to a meagre R3.5 billion,” Phetoe added. He reports that Cosatu and Samwu met with the Minister and Deputy Minister for Cogta and their management team last week to find solutions for the 67,000 CWP employees above 55 years and are optimistic that solutions can and will be found for them. But, “once this matter is resolved, a broader discussion is needed about the overhaul of the various public employment programmes.”   About job cuts, Phetoe proposes as follows: “Where positions must be cut, let it be among public representatives and Members of the National, Provincial and Municipal Cabinet and Executive Councils. Where positions need to be frozen, let it be amongst Directors-General and the plethora of executive management.” He says SA’s 41.9% general and 70% youth unemployment are the nation’s single greatest threat. “It is a ticking time bomb none of us can afford to ignore. 2025 needs to be the year when government and all social partners declare war on it and as we did with Covid-19, unleash a radical well-resourced Marshall Plan to defeat it.”

Read Solly Phetoe’s article in full at Business Report

Nupsaw slams head of Eastern Cape Health for 'inability' to act in staffing crisis

News24 reports that the National Union of Public Service and Allied Workers (Nupsaw) has called out Dr Rolene Wagner, the superintendent of the Eastern Cape Department of Health, for her "inability to do something" about staff shortages and closures of health facilities in the province. Nupsaw members and residents took to the streets of Nelson Mandela Bay on Monday, picketing outside Motherwell NU8 Clinic, which is struggling to operate with only two registered nurses servicing hundreds of patients a day.   According to Mzikazi Nkata, the union's provincial secretary, this facility is supposed to have nine registered nurses and two pharmacy assistants. However, only two nurses must bear the brunt of an influx of ill residents in the metro's largest township, and there are no pharmacy assistants. "The clinic is unable to run effectively due to the staff shortage. This is a matter of life and death, and we need Dr Wagner to wake up and smell the coffee because what is happening here is so wrong," Nkata said.   She said most nurses at the clinic resigned in July last year, and while some of them reached retirement age, others left because of the two-pot system. To make matters worse, Joe Slovo Clinic and Max Madlingozi Clinic, also in the Bay, have been closed since last year due to rampant crime. Department spokesperson Mkhululi Ndamase said they were committed to filling vacancies "within the available envelope" and had explained to staff and union leaders that it was currently impossible to fill all the vacancies because of budgetary constraints.

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

STILFONTEIN ZAMA ZAMAS

Rescue of illegal Stilfontein zama zamas underway

Bloomberg reports that an operation to rescue illegal gold miners (zama zamas) who are stranded in deep underground shafts in North West province got under way on Monday, ending a months-long standoff over their fate. Civil rights groups say at least 100 people have died from starvation since October when the authorities sealed off shafts at the Buffelsfontein gold mine in Stilfontein to deny the miners access to food in a bid to force them to the surface. The government initially took a tough stance, saying it would not help rescue people participating in illegal activities, and the police stood by while members of a community near the mine operated a makeshift rope-pulley system to retrieve people from 2 kilometers underground. Some of those who resurfaced were arrested but were later released. It is unclear exactly how many people remain underground and are unable to resurface, with some estimates putting the number at not less than 1,000. A legal settlement was reached last week whereby the government agreed to facilitate the rescue. The Department of Mineral Resources and the Minerals Council SA, an industry body, teamed up to help fund it. The operation is expected to cost about R12 million. Heavy machinery and at least eight forensic pathology vans were seen entering the site of the mine on Monday.

Read the full original of the report in the above regard by S'thembile Cele at Moneyweb. Read too, Twenty-six illegal mineworkers, two bodies retrieved from Stilfontein mine, at SABC News

As more illegal miners are rescued, government accused of ‘massacring’ Stilfontein zama zamas

The Citizen reports that the ongoing situation at the Buffelsfontein gold mine in Stilfontein, North West, has been described as a “massacre” following the release of videos depicting the appalling conditions faced by illegal miners (zama zamas) still underground. It is alleged 109 miners have died at the abandoned mine after a two-week suspension of rescue operations led by community volunteers during the festive season, following damage to the pulley system. Before 9 January, the last delivery of food and water to the zama zamas was made on 24 December. The North Gauteng High Court has since ordered the government to rescue the illegal miners and provide humanitarian assistance. Mines Rescue Services (MSR) took over operations at the mine on Monday after the Department of Mineral Resources and Energy (DMRE) finalised an agreement with the non-profit company to retrieve the miners.   This amid the circulation of a disturbing video showing numerous bodies wrapped in plastic at the abandoned mine, captured via a cellphone sent underground. On Monday, General Industries Workers Union of SA (Giwusa) president and Lawyers for Human Rights (LHR) attorney, Mametlwe Sebei, described the video footage as painting “a very dire picture”, further labelling the situation “a massacre”. He insisted the miners had “no way out” without a lift, staircase, or pulley system while accusing police and mine owners of denying food, water, and medication to the miners for nearly two weeks even though they were “already dying”.

Read the full original of the report in the above regard by Molefe Seeletsa at The Citizen. Read too, Footage shows dozens of dead miners trapped underground, at BusinessLive (subscriber access only). And also, Government blamed for deaths of Stilfontein miners, at IOL News

Gwede Mantashe warns Stilfontein miners’ NGO against ‘promoting criminality’

TimesLIVELive reports that Department of Mineral Resources and Energy Minister Gwede Mantashe has issued a warning to Mining Affected Communities United in Action (Macua), urging it not to overlook the criminal aspects of illegal mining while prioritising the rescue of miners underground. This as the government embarks on a rescue operation at the Buffelsfontein Gold Mine in Stilfontein, where 109 bodies were discovered in shafts 10 and 11. Macua has consistently advocated for the right to life of the trapped miners and for government assistance in providing relief. Mantashe said the NGO should be careful not to promote criminality. “One of the things that surprises me in SA is when South Africans place human rights at the centre of criminal activities. That worries me, because it suggests that we are preaching tolerance for criminality.   Macua should be careful not to promote criminality and to say we must protect criminality against justice and fairness,” Mantashe said in an interview with Newzroom Afrika. He highlighted the significant economic impact of illegal mining, estimating that it resulted in a loss of R60bn in 2024. “That is a significant leakage from the value of the economy, and therefore we cannot be merciful in dealing with that criminal activity. We must address it as a crime and acknowledge that the people underground entered voluntarily into a risky situation,” Mantashe pointed out. More than 1,500 illegal miners have resurfaced, with some still trapped underground. .

Read the full original of the report in the above regard by Innocentia Nkadimeng at BusinessLive

BLACK ECONOMIC EMPOWERMENT

Top law firm fights SA’s new legal sector transformation policy

BL Premium reports that the SA unit of Norton Rose Fulbright (NRF), a heavyweight in the legal world, has launched a lawsuit against the government, seeking to overturn a newly implemented policy aimed at the transformation of the legal sector. The legal action, initiated last month against trade, industry & competition minister Parks Tau, will prove to be a test for the government’s determination to push through transformation in the sector via the broad-based BEE (BBBEE) legal sector code, which was introduced last year. The battle comes amid long-standing complaints by black lawyers about the slow pace of transformation in the sector that is dominated by the big five law firms: Bowmans, Cliffe Dekker Hofmeyr, ENSafrica, Webber Wentzel and Werksmans. Brent Botha, a director at NRF, argues that the new policy imposes unrealistic targets on law firms. “It changes the manner in which ownership, management control, enterprise development and skills development are measured. It imposes targets that are unreasonable, impractical and unrealistic, given the nature of large law firms,” Botha claims. Under the new policy, which replaced the generic BEE code policy, large firms have been handed ambitious targets to jack up black ownership, management control and procurement. For instance, they must achieve 30%-50% voting rights for black practitioners, the same range for executive management roles and source 40%-60% of legal services from black advocates. NRF has split its plea into two parts. First, it is urgently seeking an interim order to suspend the legal sector code’s operation. Secondly, it wants the high court to declare the legal sector code unlawful and unconstitutional.

Read the full original of the report in the above regard by Sinesipho Schrieber at BusinessLive (subscriber access only). Read too, Legal challenge against legal sector BEE code, at Moneyweb

AXED MEDICAL SCHEME PROVIDER

Samwu to intervene after medical aid axes Melomed from hospital network

News24 reports that medical aid Samwumed has announced it would be dropping Melomed facilities from its list of providers after failed attempts to negotiate an agreement with the National Hospital Network (NHN), which includes the Melomed Group. The move has left patients who previously used Melomed facilities fuming. Dumisane Magagula, general secretary of the SA Municipal Workers' Union (Samwu), said the union planned to engage the medical aid on the decision. "We will be in touch with our structures and Samwumed's principal officer. We have an arrangement that where there is one provider in the area, they should be accredited. Members can't be travelling long distances to access healthcare outside of their areas," he indicated. Magagula pointed out that union members signed up for medical insurance because they could not afford out-of-pocket costs that occurred in private healthcare, and the burden of additional transport costs would severely impact medical aid members. Samwumed's chief operating officer, Philippa Escreet, explained that the agreement with the NHN, which had commenced on 1 January 2021, had expired, and negotiations for a new agreement had been unsuccessful.   "It should be made clear that neither the NHN Group nor the Melomed Group were prepared to come to a mutual agreement with Samwumed and that Samwumed exhausted all avenues to come to a mutual agreement with Melomed and the NHN," she claimed.   But, the NHN group argued that the reasons for the termination were unfounded. The Samwumed 2025 network includes alternatives like Netcare and Mediclinic, with specific recommendations for members previously using Melomed facilities.

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

NATIONAL HEALTH INSURANCE

Motsoaledi dismisses report of NHI compromise as 'unfounded and ridiculous'

Fin24 reports that contrary to a report carried in Rapport and City Press on Sunday, Minister of Health Aaron Motsoaledi has denied that the ANC has shifted its stance on the National Health Insurance (NHI). The report stated that the ANC would be tabling a proposal that all employees be obliged to join a medical aid scheme, which would reduce the costs of health insurance as well as the burden on the public health system.   The NHI would compete with the private sector to offer cheaper options, the report claimed. This, in part, would reflect a proposal made by the Hospital Association of SA last year that medical schemes be made compulsory for employees. Currently, the NHI is a health financing model which would, through a combination of taxes on employees, raise a pool of money to purchase health services on behalf of the population. The NHI Act, which was signed into law shortly before the May election but has not yet been enacted, envisages that as the NHI develops over time, medical aid schemes would not be allowed to reimburse members for services they could have obtained on the NHI, so they would steadily become financially unviable and would fizzle out. Motsoaledi has strongly championed this "all or nothing" approach. In his statement on Monday, he said that the news article was "unfounded and ridiculous". "There is no such plan from either the ANC or the government. Any insinuation thereto is the figment of the imagination of either the author of the article or his unknown sources," he said.

Read the full original of the report in the above regard by Carol Paton at Fin24 (subscription or trial registration required). Read too, Health Minister dismisses 'ridiculous' report regarding ANC compromising on NHI, at IOL News

ETHEKWINI RESIGNATION

eThekwini deputy City Manager Sibusiso Makhanya resigns after initially contesting suspension

IOL News reports that the suspended eThekwini Deputy City Manager Sibusiso Makhanya has resigned from his position. This was confirmed by eThekwini City Manager Musa Mbhele on Monday, who said Makhanya tendered his resignation last month.   Makhanya quietly left his job after initially putting up a fight in accusing the City of suspending him for political reasons. He was suspended in September and charged for misconduct for allegedly costing the City R6 million, which was interest that accumulated as a result of a civil case that the City lost against a service provider. The service provider, Africa Utility Solutions had supplied the City with smart electricity meter boxes but the municipality did not pay, which prompted a court battle that the company eventually won. However, in his representation to the independent investigator appointed by the City to investigate misconduct allegations against him, Makhanya said the real reason for his suspension was to pave the way for the appointment of a certain official of the City who had long been earmarked for the position of Cleansing Solid Waste (CSW) head. He said that as a deputy city manager responsible for Trading Services, under which the CSW unit, he would have been be responsible for the appointment of that person. He claimed it was well known within the City that he had been questioning the qualifications of that official, making it clear that he would not allow her to be appointed.

Read the full original of the report in the above regard by Willem Phungula at IOL News

ALLEGED SEXUAL HARASSMENT

Eastern Cape Judge President accused of sexual harassment faces inquiry

GroundUp reports that the inquiry into a sexual harassment complaint against Eastern Cape Judge President Selby Mbenenge commenced on Monday. He is facing possible impeachment for sexually harassing a young secretary, Andiso Mengo, who gave testimony. All evidence will be heard in public after the Judicial Conduct Tribunal (JCT) reversed a previous ruling that some of the evidence would be held in camera.   According to advocate Salomé Scheepers, presenting evidence before the hearing, even on Mbenenge’s own version he was guilty of gross misconduct because he had acknowledged that he “may have been mistaken” and had apologised for his conduct. As the head of judiciary in the province, a married man, and a community and church leader, his admissions showed that his conduct had brought the judiciary into disrepute and was in direct conflict with the code of conduct for judges, Scheepers argued. “It clearly constitutes gross misconduct,” she submitted.   In her opening statement, Scheepers said that Mengo had complained that Mbenenge had sexually harassed her between 2021 and 2022 through multiple suggestive messages via WhatsApp, inappropriate comments and gestures regarding her appearance, and a specific incident which had occurred in his chambers. Among the witnesses who would testify were current serving judges who would give evidence on what they had heard or had been told. The JCT panel includes retired judge Bernard Ngoepe as president, retired judge Cynthia Pretorius and advocate Gift Mashaba. The hearing has been set down to proceed until 24 January. Mbenenge, who is on “special leave”, was appointed as Judge President of the Eastern Cape in November 2017.

Read the full original of the report in the above regard by Tania Broughton at GroundUp. Read too, 'Send me pics': Judge President sexual harassment inquiry told of indecent WhatsApps to secretary, at News24 (subscription or trial registration required)

Lawyer for complainant hopes sexual harassment probe will expose women’s workplace struggles

SABC News reports that the lawyer for the complainant in the sexual harassment probe against Eastern Cape Judge President Selby Mbenenge hopes that the process will take cognisance of the violence women experience in the workplace. The Judicial Conduct Tribunal (JCT) tasked with conducting the probe commenced its work in Johannesburg on Monday. This is the first time that the JCT has been tasked with formally investigating allegations of this nature. Women’s Legal Centre lead attorney for the complainant, Chriscy Blouws explained the significance of the matter: “Women experience this violence in multiple ways and are affected physically, emotionally, psychologically and also affected in the workplace and so our hope for the outcome of this tribunal process and the way it is dealt with is that it is cognisant of that lived experience that women experience when they do encounter violence, both in the workplace and in their personal lives and that it takes cognisance of that lived experience to determine its outcome and be mindful of many other women who may want to come forward with similar complaints.”

Read the full original of the report in the above regard by Canny Maphanga at SABC News

OTHER REPORTS OF INTEREST

• Joint effort needed to bridge wide skills gap in SA, at BusinessLive (subscriber access only)
• Sunday World geroskam oor aantygings van “apartheidsvlag” by Bela-optog, by Maroela Media