In our roundup of weekend and recent reports,
see summaries of our selection of recent
South African labour-related articles.
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Nine SA soldiers killed in battle in DRC on Friday BL Premium reports that the SA National Defence Force (SANDF) on Saturday announced that nine of its members died in battle on Friday as M23 rebels tried to take over the city of Goma. .SA has boots on the ground to support the DRC forces in waging battle against M23 rebels in a high-stakes war for control of the mineral-rich eastern region. “The M23 hostile forces had launched a full-scale attack on our troops with the intention of taking over Goma, but were unable to advance due to the heroic resistance put up by our gallant fighters,” the SANDF indicated, adding that seven of the dead were part of the contingent deployed to the DRC in December 2023. The deaths coincided with Minister of Defence & Military Veterans Angie Motshekga’s visit to the DRC as part of her “ongoing mission to prioritise the wellbeing and interests of SA soldiers”. Pikkie Greeff of the SA National Defence Union (Sandu) called on President Cyril Ramaphosa to take the country into his confidence about the DRC situation, saying information was largely delayed when there were fatalities. “Soldiers deserve more than silence. Their sacrifices and injuries demand immediate acknowledgment and action from our leaders … We need answers, and we need them now,” Greeff said. Stephanie Wolters of the SA Institute of International Affairs commented: “There has been a lot of criticism in SA about the deployment from political parties and defence analysts. People have said the SANDF is already struggling and this deployment puts SA soldiers in harm’s way because they are not properly trained or equipped,” Wolters said. Read the full original of the report in the above regard by BusinessLive (subscriber access only) Angie Motshekga to be called to give full briefing about soldiers’ deaths in DRC TimesLIVE reports that Parliament's joint standing committee on defence has called for the Minister of Defence & Military Veterans, Angie Motshekga, to provide a full briefing on the deaths of nine SA National Defence Force (SANDF) soldiers who died in recent clashes with M23 rebels in the Democratic Republic of the Congo (DRC). The SANDF on Saturday confirmed the soldiers had been killed over two days of fierce fighting in the DRC last week. SANDF spokesperson Siphiwe Dlamini said in a statement on Saturday that the number of soldiers injured was still to be confirmed. SA troops form part of a 5,000-strong Southern African Development Community (Sadc) mission, deployed early last year. Parliament's defence committee has scheduled a meeting to get a full briefing on the incident and the overall status of the deployment. But while the SANDF hailed the success of the troops in holding back the rebels, the SA National Defence Union (Sandu) claimed the soldiers were reportedly heavily outgunned by the rebel group. The defence committee, backing Sandu’s claims the soldiers were not supported and under-resourced, said in a statement on Sunday the death of the nine soldiers required investigation to prevent recurrence. Phiroane Phala, co-chair of the committee, said: “The joint standing committee on defence raised concern regarding the serviceability of prime mission equipment and readiness of the mission for deployment. The capacitation of our soldiers is a primary obligation that the SANDF must ensure.” The UN Security Council was expected to meet on Sunday over the deadly clashes. Read the full original of the report in the above regard at Sunday Times Daily (subscriber access only) Other internet posting(s) in this news category
Bailout of up to R1bn mooted for ArcelorMittal SA to save long-steel plants Business Times reports that intensive efforts are being made behind the scenes to forge a rescue package for ArcelorMittal SA’s (Amsa’s) long-steel mills. Trade, Industry & Competition Minister Parks Tau and Finance Minister Enoch Godongwana have apparently set up a team to draft a rescue package of up to R1bn. Amsa announced three weeks ago it would be winding down its long-steel plants in Newcastle and Vereeniging, which could lead to 3,500 direct job losses and put another 25,000 jobs in the steel value chain at risk. The crisis has jolted the government into action to seek an arrangement to keep the business going and resuscitate a sector that has been ailing for decades. According to those privy to the discussions, the Industrial Development Corp (IDC), the Public Investment Corp (PIC) and even the Unemployment Insurance Fund (UIF) could be tapped as part of the rescue package. But one senior government source with knowledge of the talks said there was some opposition to a bailout because there was no guarantee Amsa would not come back later for more. This official said the solution lay elsewhere, not in a bailout and an alternative plan would be put on the table soon. The IDC, an Amsa minority shareholder, previously injected R1bn to keep the company afloat. It said earlier this month it would investigate possible further solutions in line with its commitment to expand the SA steel sector. Last week the development finance institution said it was still engaging relevant stakeholders. The PIC on Friday said requests for it to participate in rescue efforts at Amsa would be considered on their merits Read the full original of the report in the above regard by Kgothatso Madisa, Khulekani Magubane & Dineo Faku at Business Times (subscriber access only)
Mpumalanga traffic officer dies after being hit by taxi he was attempting to stop IOL News reports that Mpumalanga police are investigating a case of culpable homicide after a 46-year-old traffic officer was killed when he was hit by a taxi on Friday on the N2 between Piet Retief and Ermelo. Provincial spokesperson for the Department of Community Safety, Security and Liaison, Moeti Mmusi said Jabulane Collen Ndlovu was hit by a taxi he had been trying to stop while he was conducting a speed law enforcement operation. The taxi had been travelling from the direction of Ermelo towards Piet Retief. Ndlovu was rushed to a nearby hospital in Piet Retief, but later succumbed to his injuries. Mpumalanga MEC for Community Safety, Security, and Liaison Jackie Macie sent his condolences to Ndlovu's family, friends, and colleagues. Macie went on to indicate: "While pursuing errant drivers, we want our traffic officers to be safe. They must be vigilant and also protect and cover each other when on the road. Motorists on the other hand must comply with the directives of law enforcers." Read the full original of the report in the above regard by Sinenhlanhla Masilela at IOL News Three life sentences plus 38 years for worker who hacked Ermelo employer and wife to death The Citizen reports that an employee who hacked his employer and wife to death and stole their vehicle before crashing it has been sentenced to three life terms and an additional 38 years of imprisonment. The Mpumalanga High Court sitting in Breyten sentenced Thulani Vincent Madonsela (31) for the violent crimes committed against his employer in February 2023. Madonsela went to Robert James’ house in Ermelo on the morning of 18 February 2023, where James lived with his wife, Bangon Roopsai, to demand money allegedly owed to him. National Prosecuting Authority (NPA) spokesperson Monica Nyuswa said Madonsela broke in, entered the premises, and then demanded the money James did not have at the time. “This angered Madonsela; as a result, he took an axe and hacked James on his body until he died. He then ordered Roopsai to undress herself and have sexual intercourse with her before hacking her to death,” Nyuswa reported. While Madonsela was committing the violent crimes, the couple’s son arrived at the house with his girlfriend. The accused hacked both victims, causing them to sustain injuries. Madonsela also stole several items belonging to the deceased, including the vehicle, and fled the scene. While driving, he collided with oncoming traffic. The community apprehended him and took him to the police. The accused pleaded guilty in court, claiming that he and James were involved in a clandestine activity of stealing and dealing in illicit copper cables, and the employer failed to pay him his share. Madonsela was subsequently convicted of housebreaking with intent to commit a crime, two counts of murder, rape, two counts of attempted murder, robbery with aggravating circumstances, driving a motor vehicle without a valid driving license, and reckless driving. The NPA welcomed the conviction and sentence Read the full original of the report in the above regard by Chulumanco Mahamba at The Citizen Police arrest 45-year-old man in case of pregnant KFC employee shot in stomach at drive=through window News24 reports that police have arrested a 45-year-old man linked to the shooting of a pregnant KFC employee who was four months pregnant when was shot in the stomach at the drive-through window. The 35-year-old woman, employed in Zwide, Gqeberha, was shot through the window on 13 January at the branch in Koyana Street. The suspect allegedly shot the woman at approximately 23:15 before fleeing the scene. On 20 January, Kwazakele detectives identified and arrested the 45-year-old suspect on a charge of attempted murder. According to reports by The Herald, the suspect, identified as Sivuyile Pityana made his first appearance at the New Brighton Magistrate's Court on Wednesday. The case was postponed to 28 January for a formal bail application. Nelson Mandela Bay District Commissioner, Major General Vuyisile Ncata, praised the swift and decisive actions of the investigative team and added: "Crimes against our women and children, along with violent offences involving firearms, remain a top priority in our fight against crime. This incident deeply disturbed both the community and our police members." Read the full original of the report in the above regard by Cebelihle Mthethwa at News24 (subscription or trial registration required)
Revised code for firing workers will ease burden on small businesses Fin24 reports that a revised code of good practice on dismissals in terms of the Labour Relations Act (LRA) has been published for public comment. The main aim of the changes is to ease the burden on small employers regarding dismissal procedures. The code as envisaged now states that small businesses cannot reasonably be expected to engage in "time-consuming" procedures or "comply with obligations that are not practical or feasible for their operation" regarding dismissals. However, all dismissals must still be fair and follow a fair procedure. As in the 1996 code, grounds for dismissal include conduct, incapacity, or operational requirements (retrenchment). A dismissal is automatically unfair if it contravenes Section 187 of the LRA, which includes dismissal for trade union activity, pregnancy, or discrimination. The code revision is the product of a two-year negotiation in Nedlac, in which business and labour reached a consensus. Although the drafters of the 1996 code never intended for small businesses to be subject to the same procedures as large companies, it became the practice that many CCMA commissioners required full disciplinary hearings. The code clarifies that small businesses need only conduct a simple investigation and allow the employee to state their case to comply with fairness. All employers must first seek to correct an employee's behaviour through graduated disciplinary measures and provide guidance and support. There are also revisions to SA's foundational labour legislation in the pipeline, including the LRA, the Basic Conditions of Employment Act, and the Employment Equity Act. These have been through the Nedlac process, but without reaching full consensus between business and labour. The amendment bills are on the desk of the DEL Minister for submission to the Cabinet. Read the full original of the report in the above regard by Carol Paton at Fin24 (subscription or trial registration required)
Mantashe tells Vavi that government can’t be held responsible for Stilfontein illegal miners’ deaths TimesLIVE reports that Department of Mineral Resources and Energy (DMRE) Minister Gwede Mantashe says the government cannot be held responsible for the deaths of illegal miners in Stilfontein, North West. This was in response to the assertion by SA Federation of Trade Unions (Saftu) general secretary Zwelinzima Vavi assertion that if pathology tests confirmed starvation as the cause of death, the government should be held accountable. “This massacre reflects the government’s failure to uphold the most basic tenet of our constitution: the right to life. It is unconscionable that the government allowed this situation to deteriorate to such an extent. The cold, nonchalant manner in which government officials treat this needless massacre is testament to how cheap black life is,” Vavi argued. The debate centres on the government’s decision to block supplies of food, water and other essentials to the illegal miners, forcing them to surface before the government’s intervention to help with the rescue mission. At least 78 dead bodies were pulled from the mine. Briefing the media last week, Mantashe said the government could not be held responsible as the illegal miners went underground of their own free will. “If you go to a dangerous place, such as a neglected mine, and stay there for about three months, starving yourself to death, how does that become the responsibility of the state? he asked. According to Mantashe, the responsibility lay with the owners of the mine. “The Stilfontein mine, which is part of the Buffelsfontein Gold Company owned by a Chinese company, is owned by an existing company and that company must take responsibility. The state intervened to facilitate the rescue operation as an interim measure but that owner must take responsibility for the disaster,” he argued. Read the full original of the report in the above regard by Innocentia Nkadimeng at BusinessLive. Read too, Community demands justice after mine tragedy as ‘Tiger’ evades capture, at IOL News
KZN treasury ‘determined’ to ensure Ithala Bank survives provisional liquidation bid TimesLIVE reports that the KwaZulu-Natal (KZN) Treasury is gearing up to help Ithala Bank thwart the provisional liquidation application launched against it. Last week the repayment administrator, acting under the auspices of the Prudential Authority (PA) of the SA Reserve Bank, filed papers in the High Court in Pietermaritzburg for the financial entity’s provisional liquidation. The PA said it believed the move was in the best interests of Ithala’s about 257,000 depositors, as the appointed liquidator would be able to use insolvency legislation to recover and distribute their funds where possible. The provincial treasury said, however, that contrary to the claims of repayment administrator Johannes Kruger, Ithala did not have a solvency problem. It said up to 31 October, Ithala’s total assets amounted to R3.25bn and total liabilities were R2.93bn, so its assets exceeded liabilities by R316m. The provincial treasury plans to further demonstrate Ithala’s functionality when the matter is heard in the High Court on Tuesday. KZN finance MEC Francois Rodgers said: “It is KwaZulu-Natal treasury’s contention Johannes Kruger has not acted in the best interests of Ithala’s depositors, workers, suppliers and clients. In fact, the callous action of Mr Kruger has placed at risk countless Sassa beneficiaries and sets out to worsen the concerning high unemployment and poverty rate in the province.” He added: “We are further aggrieved to learn that Mr Kruger does not want the entity to pay the February salaries of Ithala staff members. This demonstrates a lack of care for people’s livelihoods. Read the full original of the report in the above regard at BusinessLive. Read too, Black farmers call for action to prevent Ithala Bank liquidation, at IOL News
Expropriation Act welcomed by labour federations, but DA threatens to challenge it The Citizen reports that President Cyril Ramaphosa’s signing of the he Expropriation Act into law has seen labour and left-leaning parties applauding the move, while liberals and conservatives condemned it. Democratic Alliance (DA) spokesperson Willie Aucamp said the party strongly reiterated its opposition to it. “While the DA recognises that the constitution allows for acts of redress and restitution, including land reform, we have serious reservations about the procedure, as well as important substantive aspects of the Bill,” he said. Aucamp indicated that the DA was in discussions with its legal team to formulate their case. ANC spokesperson Mahlengi Bhengu-Motsiri said the signing of the Bill served “as a reminder of the ANC’s enduring commitment to building a society that is inclusive, equitable and prosperous”. Saftu general secretary Zwelinzima Vavi said the labour federation “warmly welcomes the bold and long-overdue step by President Cyril Ramaphosa to sign the Bill into law”. He added: “This historic moment marks a significant milestone in addressing the legacies of colonial dispossession, apartheid inequality and the deeply entrenched economic disparities that continue to plague our society. The constitution, underpinned by values of redress, justice and equality, has long recognised the necessity of expropriation of land for public interest and redress.” Saftu rejected and condemned, “in the strongest terms, the DA threat to challenge this progressive legislation in court”. Cosatu said the Act would be “a key tool to capacitate government to accelerate land reform”. But, the EFF said it “opposed the Act because those who own the categories of land – listed as subject to nil compensation – still enjoy constitutional protections as outlined in Section 25 of the constitution”. Read the full original of the report in the above regard by Brian Sokutu at The Citizen
Pressure grows ahead of Cabinet lekgotla for NHI compromise Spotlight reports that little more than a month after President Cyril Ramaphosa signed the National Health Insurance (NHI) Act into law in May last year, the ANC entered into a government of national unity (GNU). This raised questions over the future of NHI, given that the second largest party in the GNU, the DA, is vehemently opposed to NHI. The NHI Act has not yet been promulgated and could be amended if the ANC and DA agree to do so. But whether the parties can agree to a compromise remains unclear, especially since there appears to be a hardline faction in the ANC that is committed to NHI as currently encapsulated in the NHI Act. As it stands, the Act foresees a dramatically reduced role for medical schemes whereby they will not be allowed to cover services that are already covered by the NHI fund. Also in play are a number of High Court challenges to NHI legislation, including by the Board of Healthcare Funders (BHF), Solidarity and the SA Private Practitioners Forum. The SA Medical Association (SAMA) is also preparing a legal challenge. Meanwhile, momentum has been growing with two compromise proposals. One is from Business Unity SA (BUSA) representing the Health Funders Association, the Hospital Association of SA, and the Innovative Pharmaceuticals Association of SA. The other is from the United Healthcare Access Coalition (UHAC), a large coalition of healthcare worker groups including SAMA, the SA Private Practitioners Forum, and the Progressive Healthcare Forum. BUSA last year met with Ramaphosa and, on his request, provided a detailed yet currently "confidential" proposal, wanting key sections of the NHI Act amended and/or thrown out to enable medical schemes to remain in play by punting mandatory health insurance. Despite all these developments, whether the ANC is open to a potential compromise on NHI remains unclear. On the one hand, the Presidency says it has asked Treasury and the Department of Health to consider the BUSA proposal. On the other hand, Health Minster Aaron Motsoaledi has rubbished suggestions that the ANC's position on NHI has shifted and appears committed to an NHI system that dramatically limits the role of medical schemes. Read the full original of the comprehensive report in the above regard by Chris Bateman at News24 (subscription or trial registration required) Other internet posting(s) in this news category
Rollercoaster of tawdry sex claims at tribunal hearing into allegations against judge president Sunday Times reports that after two gruelling weeks, a Judicial Conduct Tribunal investigating sexual harassment allegations against Eastern Cape Judge President Selby Mbenenge has heard the evidence and cross-examination of only one witness, namely the complainant, judges’ secretary Andiswa Mengo. But her evidence alone has been a rollercoaster of dramatic and shocking allegations and counter-allegations. Whichever version prevails in the end, hers (that the judge president abused his powerful position to sexually harass, over the course of more than a year, a junior staffer) or his (that it was an admittedly salacious, but entirely consensual, private flirtation), neither are stories one expects to hear about any judge, let alone a leader in the judiciary. Sex positions, brinjal and peach emojis, messages about “long Tom”, “big nto” and “half-insertion”. That these exchanges could pass, even consensually, between a judge president and a much younger junior staffer strikes at something fundamental to the conception of what a judge should be, namely venerable, wise and ethical. Mbenenge’s counsel, Muzi Sikhakhane, concluded his cross-examination on Friday by summarising the judge’s version. The judge president denied some of the photos and videos Mengo claimed he had sent her. But he admitted there were “conversations” that “did get sexual”. He “realises that the conversation may be embarrassing, because it was private, but what fundamentally he will deny is that he abused his power in those conversations”, said Sikhakhane. Mbenenge has yet to testify and be cross-examined. According to tribunal’s terms of reference, it must investigate “whether or not, as result of the conduct referred to in Ms Mengo’s complaint, Judge President Mbenenge is guilty of gross misconduct”. That could allow the tribunal to look at Mbenenge’s conduct more broadly. The tribunal will reconvene in May. Read the full original of the report in the above regard by Franny Rabkin at Sunday Times (subscriber access only). Read too, Mbenenge admits 'private sin' of sexual conversations with accuser, but denies he abused his power, at News24 (subscription or trial registration required)
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