This 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.
In our afternoon roundup, see summaries
of our selection of South African labour-
related stories that appeared thus far on
Thursday, 25 January 2018.
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Court rules that Eskom’s Brian Molefe must pay back the pension money Daily Maverick reports that it took only a few minutes on Thursday morning for the High Court in Pretoria to snatch away former Eskom CEO Brian Molefe’s million-rand pension payment. A three-judge bench ruled not just that Molefe was not entitled to his R30-million pension from Eskom, but also that his reinstatement to his position as Eskom CEO in May 2017 was “at variance with the principle of legality”, and should be set aside. The ruling delivered by Judge Elias Matojane was short and to the point, holding that Molefe’s claim that he never resigned from Eskom, but merely mistakenly accepted early retirement, was “false” and that his pension agreement was invalid and any payments made to him “patently unlawful”. Molefe must pay back the money he has already received from Eskom within 10 days, as well as covering the legal costs of the court matter. The ruling is a smack-down to Molefe and the former Eskom board, but a victory for applicants led by the trade union Solidarity but eventually including both the Democratic Alliance and the Economic Freedom Fighters. Molefe was not in court on Thursday morning. Read this report by Rebecca Davis in full at Daily Maverick. See too, Pay back the pension money, court tells Brian Molefe, at BusinessLive Prosecute Brian Molefe‚ says Solidarity after Eskom pension win TimesLive reports that trade union Solidarity says it will lobby for criminal prosecution of former Eskom CEO Brian Molefe‚ following Thursday's Pretoria high court ruling that he has 10 days to pay back R11 million erroneously paid to him. Solidarity chief executive Dirk Hermann said in a statement the matter of the unlawful pension payout - which would have totalled R30.1-million - should not even have gone to court. Last year‚ Solidarity advised that the National Prosecuting Authority (NPA) indicated in its opposing papers that the Office for Serious Economic Offences of the Directorate for Priority Crime Investigation would investigate the parties involved in the unlawful pension award made to Molefe. Solidarity said on Thursday it would hold the director of public prosecutions "to his word and plans to make representations within two weeks on the grounds for criminal prosecution of Molefe". A short report is at TimesLive. Read too, Criminal charges could follow 'devastating judgment' against Molefe, at Fin24. Read Solidarity’s press statement at SA Labour News Other internet posting(s) in this news category
Uber and Taxify drivers call for police minister’s intervention after increase in attacks SABC News reports that there have been a growing numbers of attacks on Uber and Taxify drivers across the country. A group of Uber and Taxify drivers has called on the Minister of Police to intervene. This call came after a man accused of stabbing an Uber driver in December 2017 appeared briefly in the Boksburg Regional Court on Wednesday morning. The ridesharing drivers came out to support a fellow driver who had been attacked and stabbed in the back, face, neck and hands and left for dead. Accused Jaques Scharneck pleaded guilty and has been remanded in police custody. For the victim Busisiwe Ndlovu, the pain and trauma have left her scarred. In the latest incident, the drivers’ indicated that one of their fellow drivers was shot and killed in Yeoville on Tuesday. The case has been postponed until 27 February for further investigation. Read this report by Nozintombi Miya in full at SABC News Other internet posting(s) in this news category
A strong rand is ruining the gold rally for South African mines Bloomberg writes that for South African gold miners, it’s both the best and the worst of times. The metal started the year with a bang, rising 4% so far and trading near the highest since August 2016. But an equally impressive rally in the rand means that SA-focused producers are likely to miss out on the party. Because mining companies pay most of their expenses in local currency, a stronger rand squeezes profit margins and can render some operations unprofitable. Many of SA’s gold mines are old and much of the easily accessible metal has been exhausted, while labour-intensive mining methods compound the effect of currency moves. Analyst at Julius Baer & Co, Carsten Menke, said: “With the rand below 12 to the dollar, margin pressure is definitely building up. Rand strength is the flip side of an improving economy, but it’s causing headwinds to miners because of costs going up -- they are not enjoying the tailwinds from rising gold prices.” More than half of South African gold shafts might be operating at a loss and a stronger currency raises the risk of closures, said Rene Hochreiter, analyst at Noah Capital Markets. Read this report in full at Mining Weekly Other labour / community posting(s) relating to mining
Dis-Chem reaches agreement with Nupsaw to end strike over organisational rights ANA reports that Dis-Chem Pharmacies said on Thursday that it had reached a satisfactory agreement with the National Union of Public Service and Allied Workers (Nupsaw) to end a week-long strike. Nupsaw members at Dis-Chem last week went on a countrywide strike over the recognition of their union’s organisational rights. Dis-Chem group chief executive Ivan Saltzman said: “The agreement reached allows Nupsaw organisational rights at the appropriate level of workforce representation, which is aligned with those that are in existence with Dis-Chem’s various other unions.” The strike had a limited effect on operations at Dis-Chem Midrand distribution centre, though trading operations at its 131 stores remained affected. Nupsaw is an affiliate of the SA Federation of Trade Unions (Saftu). In addition to the dispute over organisational rights, the union had a disagreement on decisions relating to discretionary bonus payments to a portion of its members in December 2017. Read this report in full at The Citizen National traffic police go on illegal strike on Wednesday TimesLive reports that members of the National Traffic Police have refused to leave their deployment base in Midrand‚ north of Johannesburg‚ thereby embarking on an impromptu illegal strike to voice workplace grievances. The officers have been on a go-slow since Monday‚ with half of the 40 officers per shift going out to enforce national traffic laws. But this failed to draw the attention of their superiors so they went on an illegal strike. The officers said they were treated in an inhumane manner and have no proper equipment to carry out their duties. One of the burning issues is that they have been moved from their offices in Faerie Glen‚ Pretoria East‚ and “dumped” in open veld near Midrand‚ with a single mobile toilet for about 40 female and male officers. The fenced-off open area‚ adjacent to the SA National Roads Agency offices in Samrand‚ does not have a shelter and the officers have to take refuge in their cars to escape the blazing sun. The officers also complained that they were not consulted whenever decisions affecting their lives were taken, claiming that shifts were changed at a drop of a hat. A number of other were identified. The officers vowed to remain on the base until their grievances were resolved. Read this report by Sipho Mabena in full at TimesLive. Read too, RTMC vows to deal with national traffic officers' illegal strike, at SowetanLive Over 8,000 employees at various universities striking The Citizen reports that over eight thousand university workers affiliated with the National Education Health and Allied Workers’ Union (Nehawu) have downed tools over wage increases, disrupting academic proceedings across various universities. The strikes involve workers from the University of SA (Unisa), the Durban University of Technology (DUT), the University of Pretoria (UP) and the University of Witwatersrand (Wits). Despite the demands varying in terms of salary increases and working conditions, the national demands include “a decent living wage of 10% across board”, Nehawu spokesperson Khaya Xaba indicated. Reports indicated that Unisa went to court to nullify the strike when Nehawu refused to accept its 7% wage increase offer as against the union’s 10% demand. However, the court ruled that the strike was legal. Deputy Minister of Higher Education Buti Manamela visited the Unisa main campus in Pretoria on Wednesday to consult and engage with management and Nehawu on the state of readiness ahead of the academic year. He expressed concerns about the impact the dispute would have on registration and preparations for the academic year, while urging both parties to ensure negotiations were speedily concluded. This report also contains info sheet on the unions involved in the Wits strike and the offers and demands made. Read this report by Chisom Jenniffer Okoye and Rorisang Kgosana in full at The Citizen. See too, Manamela urges resolution to Nehawu Unisa strike, at The New Age Workers at Wits University down tools over wage increases, Unisa strike continues SowetanLive reports that workers at the University of the Witwatersrand (Wits) downed tools on Tuesday, joining employees at the University of South Africa (Unisa) who have been on strike since last week‚ demanding a 9% pay hike. National Education Health and Allied Workers’ Union (Nehawu) Wits acting secretary, Tumisho Madihlaba, said: “The services at Wits are partially impacted but as from tomorrow (Thursday) 80% of the services will be affected as we have about 800 members from National Union of Metalworkers of SA (Numsa) who will be joining the protest.” On Wednesday‚ Deputy Minister of Higher Education and Training Buti Manamela met with Unisa management and Nehawu representatives. Nehawu members had blocked the entrance to the Pretoria campus with burning tyres. Nehawu’s Mike Shingange said despite the intervention of the deputy minister‚ the strike would continue. He also pointed out that the SA Student Congress (Sasco) was standing with the workers. Manamela acknowledged that significant progress had been made in finding a sustainable solution to the strike impasse at Unisa, also noting that both parties had demonstrated a great deal of restraint and maturity and were moving closer to a settlement. Read this report by Yoliswa Sobuwa in full at TimesLive Deputy Minister assures that Unisa registration will take place despite Nehawu strike EWN reports that according to Higher Education Deputy Minister Buti Manamela, University of South Africa (Unisa) students will be able to register for the 2018 academic year, despite a National Education Health and Allied Workers' Union (Nehawu) wage strike. Manamela visited the university on Wednesday and was assured that new and returning students would have a chance to register online. “The assurance I’ve received from both Nehawu and the university is that every student will be given an opportunity to register,” Manamela indicated. Meantime, the union said it would continue to strike. Nehawu spokesperson Khaya Xaba indicated that no agreement had been reached between management and their members. This short report by Graig-Lee Smith is at EWN. Read too, Manamela urges resolution to Nehawu Unisa strike, at The New Age. And also, Nehawu protests as Manamela visits Unisa campuses, at Pretoria News
Court strikes down law prohibiting protests without notice by groups or 15 or more people Cape Argus reports that the Western Cape High Court ruled on Wednesday that groups of 15 or more people will, in future, be allowed to assemble in a peaceful gathering without notice. The groundbreaking ruling followed a Social Justice Coalition (SJC) appeal challenging the constitutionality of section 12(1)(a) of the Regulation of Gatherings Act, which provides that organisers of gatherings with more than 15 people are required to submit a notice to protest to the city authorities. Judge Thandazwa Ndita also set aside the convictions of ten SJC members charged with contravening the Act in September 2013 after a peaceful protest outside the civic centre in Cape Town. The police argued before the court that notice of intention to protest was necessary to allow for authorities to plan ahead and ensure that gatherings were managed in an orderly manner with minimal disruption. But in her ruling, Ndita said: “The criminalisation of a gathering of more than 15 people on the basis that no notice was given violates the Constitution as it deters people from exercising their fundamental constitutional right to assemble peacefully unarmed. In my judgment the limitation is not reasonable and justifiable in an open democratic society, based on the values of freedom, dignity and equality.” Read this report by Zodidi Dano in full at Cape Argus. Read too, Apartheid-era gatherings act declared unconstitutional, at GroundUp Sadtu to march on Hoërskool Overvaal on Thursday HuffPost reports that the SA Democratic Teachers' Union (Sadtu) would be marching to Hoërskool Overvaal in Vereeniging on Thursday morning. "We will be delivering a memorandum to the school governing body; the district officer will also be there," the union's Gauteng secretary, Tseliso Ledimo, indicated. The union will be joined by its affiliates, including the ANC (Sedibeng region) and labour federation Cosatu, and is expecting a representative from the school to accept the memorandum. This will be a continuation of protest action that has been taking place outside the school since Wednesday last week. It follows the Hoërskool Overvaal school governing body’s (SGB’s) successful court application to overturn a Gauteng education department decision to place an additional 55 pupils at the school. While the department deemed the application by the SGB a way to exclude black pupils, the school maintained there was not enough space to accommodate the additional learners. Read this report by Queenin Masuabi in full at Huff Post. See too, More protests by Cosatu and others expected at Hoërskool Overvaal, at eNCA ANCYL to illegally piggyback on Friday’s ‘Vat Alles’ march in Tshwane by ex-EPWP employees The Citizen reports that the ANCYL Greater Tshwane region maintains they have applied to the City of Tshwane for their planned mass shutdown on Friday, but Tshwane metro police (TMPD) only approved an application from a group called “All Tshwane Vat Alles Employees”. A TMPD spokesperson said: “The request by ‘All Tshwane Vat Alles Employees’ received a thorough consideration which followed by an approval, granted by TMPD. The TMPD has noted information doing the rounds about another protest action by ANCYL scheduled for Friday… In respect of this march, no application was received from ANCYL as the law dictates, therefore, the publicized protest will be treated as illegal in the event it takes place as professed.” Flyers have been circulating on social media of a #TshwaneShutdown by the ANCYL on Friday, to demand the reinstatement of 11,000 Expanded Public Works Programme (EPWP) Vat Alles workers, the appointment of thousands of security guards who were left unemployed last year when a contract between the city and contracted security companies came to an end, the cutting down of high rental rates and an end to harassment of informal traders. Read this report by Rorisang Kgosana in full at The Citizen Our fight is not with Sun Met, but against Markus Jooste, says PSA Fin24 reports that the Public Servants Association (PSA) and the National Horseracing Authority (NHRA) were due on Thursday to announce a “joint action plan" against Markus Jooste at the upcoming Sun Met horse race. Jooste, who stepped down as the CEO of international furniture retailer Steinhoff amid an accounting scandal in early December, is a noted horse racing owner and enthusiast. The PSA had previously called for a boycott of the event, one of the most important dates on the SA horse racing calendar. PSA spokesperson Tahir Maepa said on Wednesday that, while a protest was still set to take place at the race, it would be a broad “solidarity protest” against Jooste, and not against the NHRA or the race itself. The race is set to take place on Saturday in Cape Town at the Kenilworth Racecourse. Meantime, the PSA said it would also on Thursday release the preliminary findings of its investigation into Steinhoff. Last week Steinhoff allowed labour federation Fedusa and the PSA to access its financial documents dating as far back as 2002. Read this report in full at Fin24. See too, PSA soek nie Jooste se perde by Sun Met nie, at Netwerk24 (limit on access). And also, PSA, but not Cosatu backing off on Sun Met over Jooste, at Fin24 Other internet posting(s) in this news category
Court enforces restraint of trade agreement, ruling that exec can’t work for ex-employer’s rival The Citizen reports that the High Court in Pretoria has ruled that a health and safety training company has the right to enforce a 12-month restraint of trade agreement against a former star employee and the rival company she joined on resigning. The court confirmed an earlier ruling interdicting a former sales executive at Action Training Academy (ATA), Marelize Coetzee, from remaining in the employ of rival company Absolute Health Services (AHS) without the consent of ATA’s director. Coetzee was also interdicted from using or disclosing any of her former employer’s confidential information at any time. Coetzee, who had won the salesperson of the year award in 2016, left ATA in July last year. When ATA discovered, by chance, that Coetzee had started working for a new rival company, they sought an undertaking that she would not breach the restraint of trade agreement she had signed and would stop working for AHS, but she refused. She claimed ATA had repudiated their contract of employment and could no longer rely on the “unreasonable” confidentiality undertaking. But the judge found that Coetzee had signed the restraint of trade agreement and must honour undertaking she had made. Read this report by Ilse de Lange in full at The Citizen
BLSA welcomes Eskom exec resignations, urges Koko to follow suit Engineering News reports that Business Leadership SA (BLSA) has called for the resignation of state-owned Eskom generation group executive Matshela Koko. This follows the “welcomed” resignations of CFO Anoj Singh and acting group capital head Prish Govender. “BLSA reiterates its position that Koko’s reinstatement was ill-conceived and premature and should never have happened. This position is borne out by new disclosures that he breached the conditions of his suspension,” BLSA’s Themba Maseko said on Wednesday. “His continued presence at Eskom is undesirable, untenable and will compromise investigations and undermine the new leadership,” he went on to say. Meanwhile, BLSA said it supported and had full confidence in the new Eskom board, and welcomed a directive from the Presidency stating that the board was directed to immediately remove all Eskom executives, including Koko, who were facing allegations of serious corruption and other acts of impropriety. A short report is at Engineering News. BLSA’s press statement is at BLSA online. Read too, Koko says he does not intend taking Gigaba’s advice to step down, at BusinessLIve. And also, I was suspended for refusing to take unlawful instructions, says Koko, at IOL News Other internet posting(s) in this news category
PSA union, PIC to pursue class action against Steinhoff to recoup lost pension monies Reuters reports that the Public Servants Association (PSA) said on Thursday that it had teamed up with Steinhoff’s second-largest shareholder, the Public Investment Corporation (PIC), to pursue a class action lawsuit against the global retailer. The aim would be to recoup around R17 billion of public sector pensioners’ monies wiped out in the wake an accounting scandal. Steinhoff, owner of more than 40 retail brands including Poundland in Britain, admitted “accounting irregularities” last month, triggering an 85% share slide. This short report by Wendell Roelf is at Moneyweb
Employees lack IT security policy awareness: Kaspersky Lab ITWeb reports that a lack of IT security awareness among Middle East, Turkey and Africa (META) employees, remains a worrying reality for businesses in the region. This according to a recent study entitled "Human Factor in IT Security: How Employees are Making Businesses Vulnerable from Within", conducted by Kaspersky Lab in partnership with research firm, B2B International. The study of 7,993 full-time employees, asked about policies and responsibilities for corporate IT security. It found that in the META region, only 18% of employed respondents were fully aware of the IT security policies and rules set in the organisations they worked for. This, combined with the fact that 40% of employees considered protection from cyber threats a shared responsibility, presents additional challenges when it comes to setting the right cyber security framework. The report also revealed that 28% of employees believe there are no established policies in their organisations at all. "The issue of unaware staff can be a major challenge to overcome, especially for smaller businesses where a cyber security culture is still being developed,” said Vladimir Zapolyansky, head of SMB Business at Kaspersky Lab. Read this interesting report by Sibahle Malinga in full at ITWeb
See our listing of links to labour articles published on the internet on Wednesday, 24 January 2018 at SA Labour News
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