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 Wednesday roundup, see summaries
of our selection of South African labour-
related stories that have appeared since
midday on Tuesday, 4 June 2017.
In our Thursday roundup, see summaries
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midday on Wednesday, 28 June 2017.
Business Report writes that the Chamber of Mines on Wednesday warned that between 50,000 and 100,000 jobs could be lost in the industry in the next few years if the 2017 Mining Charter were to be implemented in its current form.
The Chamber, which represents 90% of SA’s mining industry by value, said that the impact could even be felt beyond the mining industry. “I know of two particular transactions that have been cancelled this week, because of the uncertain environment following the gazetting of the Charter,” the Chamber’s chief executive Roger Baxter said at a round table briefing.
The third version of the Charter, which was announced by Mineral Resources Minister Mosebenzi Zwane two weeks ago, aims to promote equal participation of all South Africans in mining.
Baxter shrugged off Zwane’s claims that the Chamber was anti-transformational, following its decision to approach the High Court in Pretoria to stop the implementation of the Charter. He argued that the Charter could not promote transformation at the expense of the sustainability of the mining industry. “Is this really a Charter that promotes the country’s transformation agenda or somebody else’s agenda?” he asked.
The Chamber previously said that it had achieved empowerment ownership levels of 38% on average, with the value of transactions since 2000 of more than R205 billion.
Baxter said that the Charter was drafted in isolation and also at the meeting, said the application for the interdict against implementing the Charter was to be heard in the High Court in Pretoria by 18 July.
Elize Strydom, chief negotiator for the Chamber, said that the Chamber expected to meet the deputy judge president of the High Court on Thursday to discuss why its application was urgent. She said that the Chamber also wanted the Charter to be reviewed and had 60 days in which to prepare its application, adding that they wanted the court to re-enroll the application for a declaratory order in respect of the continuing consequences of black empowerment in terms of the so-called ‘once empowered always empowered’ doctrine.
The declaratory order was put on ice last year by agreement between the Chamber and the DMR.
This report by Dineo Faku is on page 17 of Business Report of 29 June 2017
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In our Friday roundup, see summaries
of our selection of South African labour-
related stories that have appeared since
midday on Thursday, 22 June 2017.
Sowetan reports that the two-week strike by Gauteng forensic pathology services workers might come to an end on Friday. Provincial department of health officials and five workers’ unions met at the Bargaining Council in Pretoria on Wednesday where several agreements were reached. These were expected to be taken to union members before another meeting on Friday. “Both parties agreed in principle on many factors and they were all confident that their constituencies will agree with the outcome of the meeting and that the strike could end by Friday,” council general secretary Mpumelelo Sibiya said. Department spokesman, Khutso Rabothata, said: “We are crossing our fingers that we will come to a conclusion by Friday.”
The workers went on strike two weeks ago at Gauteng’s government mortuaries. Grieving families could not get the bodies of their loved ones for burial as workers refused to do postmortems. They complained about not being paid an allowance for cutting and closing corpses. However, the department was adamant that dissection under the supervision of a qualified pathologist was part of the workers’ job description.
Susan Ntlatleng of the Health and Other Services Personnel Trade Union of SA (Hospersa) said among the offers was the introduction of a monthly danger allowance for qualifying employees. “The employer has also offered to pay a remedial once-off amount to qualifying officers and other employees who were performing the same function,” said Ntlatleng.
The original of this report by Lindile Sifile is on page 7 of Sowetan of 22 June 2017
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In our Tuesday roundup, see summaries
of our selection of South African labour-
related stories that have appeared since
midday on Monday, 19 June 2017.
In our Monday roundup, see summaries
of our selection of South African labour-
related stories that have appeared since
midday on Thursday, 15 June 2017.
Sowetan report that a pregnant woman died in a shoe store after allegedly inhaling toxic fumes from a generator. Her family is still recovering from the shock of the incident that happened on Tuesday.
Ivy Makoma Shohledi, 30, of Tembisa, died in a Studio 88 toilet at Tembisa Plaza in Ekurhuleni. She had been in the toilet when her colleagues started a generator in the store room next to the toilet after a power failure in the area.
Police spokeswoman Captain Nelda Hlase said Shohledi died on the scene. Other staff members also inhaled the fumes, but were not as seriously affected.
Her devastated father said: “I received a call from a relative who was at the scene. I walked into the store room and found a generator on the floor. She was also lying on the floor. They said she was in the toilet and she could not come out.”
He went on to say: “There are nine of us in the house. I was retrenched and my wife works odd jobs as a domestic worker. She was the only one with a stable job, and was a breadwinner. She paid for her younger sister’s college fees, and was of great help to the entire family. I just want them [Studio 88] to bury her in a dignified manner.”
Her boyfriend Nicholas Tabane wept as he spoke of their plans to get married. “I love her. We had already made plans to pay lobola in September. I wanted to marry her. I lost two people at once. We were looking forward to having a baby. This was my first child. Life will never be the same without her,” he said.
Shohledi’s sister Melidah Malatja indicated that her sister was about four months pregnant.
When Sowetan visited Studio 88 on Wednesday the generator was still in the store room next to the toilet. Studio 88 store manager Lucky Baloyi said the traumatised staff were given a day off.
A security officer at the shopping complex said all stores operated generators outside of the premises. “Generators are not allowed to operate inside a store.”
The original of this report by Pertunia Mafokwane is on page 8 of Sowetan of 8 June 2017
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The New Age reports that, while workers in the Mangaung metro continue with a strike to demand a salary adjustment, the city has had to make provision for services to be paid in by residents.
Since the strike started two weeks ago, most services have not been paid for as residents have struggled to access the Bram Fischer building and other municipal buildings around the metro.
City spokesperson Qondile Khedama said city management was ensuring that all essential services were not severely interrupted. “The management and leadership of the city continues to engage with employees’ representatives in seeking an amicable solution to the dispute. We have developed a plan that would create an environment that would allow unhindered service delivery and payment of services,” Khedama said.
He said they had also realised people who wanted to pay for their services were struggling as they were unable to access some of the municipal offices. Residents and businesses who wanted to pay rates and taxes or purchase water or electricity services were advised to do so at various third party points.
Workers in Mangaung are demanding salary adjustments in line with the status of the city as a metropolitan municipality. Mangaung became a metro in 2011. Workers also want better working conditions.
Among other demands, workers want the employer to reinstate the contracts of temporary workers that were terminated earlier this year. More than 120 contracts were terminated. Workers said they wanted all the contracts of workers who were in the system for more than three months to be absorbed into the system.
Workers marched to City Hall saying they wanted councillors and MMCs to cease the daily political interference in the administration of the municipality.
Trouble had been brewing in the municipality since February when workers demanded their full pay for overtime they had worked. They also demanded that the municipality do away with outsourcing and the privatisation of municipal services in departments such as finance, water and the sanitation section.
This report by Kamogelo Seekoei is on page 8 of The New Age of 7 June 2017
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Business Report writes that Labour Minister Mildred Oliphant was untruthful when she claimed more than 50% of the more than 21 companies that had been fined for contraventions of the Employment Equity Act were JSE-listed companies.
A list provided by the Department of Labour to Business Report of the companies that had been fined for contraventions of the act did not include a single JSE-listed company.
Oliphant made the claims about JSE-listed companies in a speech that coincided with the release earlier this month of the 17th Employment Equity report. She said the report mirrored the glaring lack of appetite for transformation, especially by big corporates.
“It is very concerning that there are just too many JSE listed companies that are completely ignoring the law. To date there are more than 21 companies that have been fined for non-compliance and several others that are on the verge of being fined. JSE-listed companies alone account for more than 50 percent of the companies that have (been) issued fines for non-compliance,” Oliphant stated.
Masede Mosima, assistant director media monitoring and research at the labour department, provided Business Report with a list 26 employment equity cases that had been referred to the Labour Court and finalised either through an out of court settlement or a Labour Court order.
Of the 26 cases, 21 involved local municipalities that either reached an out of court settlement or a Labour Court order was issued against them. In the remaining five cases, court orders were issued against Dold Circle, Guy Williamson, Indian Ocean Export Company and a court order issued against the department in a case involving Pick n Pay Giyani. An out of court settlement was reached for a case involving the Hilton Hotel. All the contraventions involved either operating without an employment equity plan or failing to report on an employment equity plan.
Business Report requested clarification from Mosima about Oliphant’s comments and specifically her references to JSE-listed companies, but he failed to respond.
Andre Visser, the general manager of issuer regulation at the JSE, said on Friday that the JSE was not aware of any companies listed on the exchange that had been convicted of contravening the Employment Equity Act. Yet he pointed out that the Employment Equity Act was outside of what they regulated. Nonetheless, Visser commented that the JSE strongly supported the transformation of the South African economy and believed it could contribute to this. The JSE, for that reason, had commenced with the introduction of a new listing requirement last year that asked JSE-listed companies for disclosure on transformation issues. Visser said: “Having started this process with a focus on gender diversity, the JSE is now widening its focus to include racial diversity disclosure.
The original of this report by Roy Cokayne is on page 15 of Business Report of 29 May 2017
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The Sunday Independent reports that Cosatu’s three powerful public-sector unions have forced the labour federation to resolve that President Jacob Zuma should step down.
The newspaper has reliably established that the National Education Health and Allied Workers’ Union (Nehawu), the Police and Prisons Civil Rights Union (Popcru) and the SA Democratic Teachers’ Union (Sadtu) pushed, amid fears, arguments that Zuma must step down.
On Monday last week, Cosatu joined its left-wing ally, the SA Communists party (SACP), in calls for Zuma to stand down. This was after a meeting of its highest decision-making body, the central executive committee (CEC) in Johannesburg. The three unions were also at the centre of masterminding Cosatu’s decision on endorsing Deputy President Cyril Ramaphosa to succeed Zuma when the ANC holds its elective conference in December.
The Sunday Independent understands that the National Union of Mineworkers (NUM) and the SA Transport and Allied Workers’ Union (Satawu) were among the industrial unions that opposed the move.
Satawu general secretary Zenzo Mahlangu said their argument was Cosatu had to further engage with the leadership of the ANC on Zuma’s decisions, especially his controversial cabinet reshuffle. “We never wanted that (Zuma’s resignation). Our argument is let’s talk to the ANC first. Besides it is the prerogative of the president (to reshuffle the cabinet),” he said. “We were saying that let us not play to the gallery of the opposition,” he added.
It has been established that the public-sector unions – which became power brokers after the expulsion of the National Union of Metalworkers of SA (Numsa) and the shrinking of the NUM – were angered by the ANC’s failure to meet Cosatu late last year. There was no voting on the matter. A Cosatu CEC member said affiliates were told the ANC had rejected efforts by Cosatu leaders to meet. He decried how the debate and subsequent decision on Zuma had divided the federation. “We are more divided now. Cosatu is backtracking,” a CEC member said.
On Wednesday, Cosatu president S’dumo Dlamini and its general secretary, Bheki Ntshalintshali, met Zuma over the federation’s calls for him to step down. In a statement, Cosatu said it was decided that the CEC would meet with the top six after the Easter weekend.
Popcru general secretary Nathi Theledi did not respond to questions about his union’s stance on Zuma. “The CEC engaged, resolved and officially pronounced to the public on that matter. The discussions that preceded the resolution should not be the bone of contention,” he said.
Dlamini would not be drawn on the matter. “It is a Cosatu position. I wouldn’t want to talk about how we arrived at it,” he said.
NUM general secretary David Sipunzi did not respond to text questions, and Nehawu general secretary Bereng Soke could not be reached for comment. Sadtu general secretary Mugwena Maluleke referred questions to his deputy, Nkosana Dolopi, who did not respond to text questions.
After its CEC meeting on Monday, Cosatu was scathing in its criticism of Zuma. “We reject that it’s the president’s prerogative to reshuffle the cabinet, because the ANC campaigned not as individuals, but as a team, and the voters gave the mandate to the organisation, not to any individual.
“The president derives his mandate like any other ANC deployee from the movement,” Ntshalintshali said.
The original of this report by George Matlala is on page 4 of The Sunday Independent of 9 April 2017
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Business Report writes that Isando-based Girlock Brakes SA has launched a retrenchment programme based on its operational requirements after the reduction by 95% of a Volkswagen (VW) SA contract for the production of rear brakes.
Dean Fragale said the planned retrenchments would affect an estimated 37 employees at the company, which were likely to take effect on 15 June when the VW contract “runs to a close”. Girlock Brakes currently employs 136 people.
Fragale said the new brakes were now to be fully imported and criticised the trade and industry department (DTI) for not promoting local manufacturing, which could provide employment.
He said two of Girlock’s sub-suppliers had closed down since the start of this year because of cheap imports.
“The reason for importing is the agreement with the DTI with the motor industry (Automotive Production and Development Programme), which does not enforce any local content. “This will result in unemployment throughout the industry,” he said.
However, Matt Gennrich, the communications general manager at VW SA, said the reason for the reduction in the contract was that Girlock was unable to meet the technical specifications for the brakes for the new Polo.
Gennrich said Girlock had attempted to extend its technical agreement with Thompson Ramo Wooldridge (TRW) and enter into a technical agreement with another global brakes company but was unsuccessful with both these initiatives. He added that there were limited automotive component suppliers in South Africa and there was not another domestic supplier that could meet the technical specification for the brakes for the new Polo, which had resulted in the decision to now import these brakes.
Fragale said VW’s reasoning was “an excuse not to localise as they don’t want to spend money on tooling and testing” related to a technical agreement. “TRW and other brake designers give any agreement as long as it’s approved by VW. Girlock has been connected to TRW for 50 years and there is no problem getting specifications as long as VW requests it,” he said.
Fragale added that Girlock has supplied VW with about 700 brakes a day for years and has had zero defects in parts per million with the brakes supplied to VW.
He said Girlock had also made brakes for the Ford Motor Company of Southern Africa for 20 years, also with zero defects parts per million, but it lost this contract about four years ago with the start of production of the new Ford.
Read the original report by Roy Cokayne in full on page 18 of Business Report of 5 April 2017
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The Star reports that former members of the SA Transport and Allied Workers’ Union (Satawu) on Tuesday turned to the High Court to force the union to pay the R1 million it owed to them.
The eight former members were in the High Court in Pretoria to get payment from a settlement relating to an unfair retrenchment case in the Labour Court which began in 2010 and ended last year.
Workers said their former employer at the time did not follow due processes during a retrenchment process.
Daniel Mokwatedi said he was retrenched while he was on leave. Mokwatedi and James Tshabalala said the union had enlisted attorneys to represent them, and were successful in the matter. A sum of approximately R6.7m was to be paid to the workers.
Tshabalala said the Labour Court had ordered the former employers to reinstate the workers, but the company claimed there were no positions available, and the two parties agreed on a financial settlement.
“The attorneys told me that Satawu wanted the money to be paid into its bank accounts, and it would then pay us,” Tshabalala said. However, he said that, after receiving proof that the attorneys had deposited the money, Satawu did not pay over.
The union received the money on 3 November last year, but had not deposited it two weeks later. On 21 and 22 November, the workers each received R390,000, which was less than what they were meant to receive as per the settlement agreement.
“When we asked them about the rest of the money, they told us that they had a limit on how much they could transfer, and that they could only transfer the amount the following month,” Tshabalala said.
Court documents stated that Satawu had never denied owing the money. In an email from the union, it promised to pay the balance on 25 and 26 February. “We are still waiting for our money,” Tshabalala said.
During the proceedings, Judge Ronel Tolmey was unhappy that the attorneys representing the workers had not approached the sheriff to serve Satawu with the court papers. She adjourned the matter to 30 March to allow them an opportunity to do so.
This report by Nomaswazi Nkosi is on page 11 of The Star of 29 March 2017
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Business Times reports that SABMiller’s new owner, Anheuser-Busch InBev, is recruiting again after a higher than expected number of former SABMiller managers took voluntary separation packages and left in January. This was amid allegations that positions were made redundant, thereby forcing some people to leave.
But Richard Tadeu, Africa Zone president at AB InBev, said the company now needed to hire at least 100 new people as it planned new developments.
“We are going to invest in two new production lines in South Africa. That will be announced in [the] future. So we’ll need people to run those lines,” Tadeu told Business Times on Friday.
Of just more than 1,000 managers that SABMiller employed when AB InBev completed the $103-billion takeover in October last year, 378 departed through the severance package as part of the company’s global cost cutting plans.
The process only affected managers at headquarters, not operations, to minimise disruption, Tadeu said. It was the first time such a large scale restructuring had been done at SABMiller.
“At the end of the day we ended up with more people leaving that we ideally wanted. Now we’re in the process of rehiring some of the positions,” he said.
These posts are required in the legal, corporate affairs and finance departments and include administration roles such as analysts and are not limited to management positions, Tadeu indicated.
Up until early this month the roles were offered internally before being offered externally. “We’re in the process of matching people’s interest with positions available,” Tadeu said.
Last year, when it sought approval to buy SABMiller, AB InBev agreed to not retrench staff over the next five years, while workers at shop floor levels and those protected by the bargaining unit would also not be offered voluntary severance packages during this period. The company also agreed to maintain the workforce at around 5,600 positions over five years, but when this period expired AB InBev may not cut staff, Tadeu said.
South Africa will be home to a regional business centre, which will service some countries on the continent and others in other markets where AB InBev operates globally. AB InBev apparently regards Africa as a growth engine.
Meantime, in AB InBev’s 2016 annual report, which was published on Thursday, it was stated that the integration process was well underway.
Read the full report by Asha Speckman on page 1 of Sunday Times Business Times of 26 March 2017
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The New Age reports that the future of thousands of contract workers working for the Tshwane municipality with the threat of job losses is looming. It is also uncertain if the municipality's offices situated at 373 Pretorius Street will be up and running on Monday after last week's disruptions following protests by workers demanding permanent job placements. The workers have also accused a director in the city's electricity depot in Centurion of using the "K" word on employees.
Tshwane mayor's spokesperson Samkelo Mgobozi, said the city was not a primary employment agency. "As a city, our position is to create opportunity of employment, we cannot employ everyone permanently. We are not sure if services at the Pretorius street building would be back to normal or not - we will see today," Mgobozi said.
South African Municipal Workers Union (SAMWU) Tshwane region secretary Mpho Tladinyane, said last year they had a meeting with the city management to absorb the workers permanently. "The employer said that it would be finalised by the mayoral committee, but to date it has not," he said.
He denied reports that workers had held two officials hostage last week, saying the workers had merely wanted to know where they stood after learning that only about 3000 of them would be absorbed by the city. "There are about 8000 workers - if the city said they would absorb 3000, what about the others?" Tladinyane said. "The second issue that caused a stand off was the racism at the electricity depot in Centurion," he said, accusing the depot director Frank du Toit of referring to black students as baboons and employees using the 'K' word." However, Mgobozi reiterated that the city was investigating the allegations and called on people with proof to come forward.
"In a period of just two weeks, the city has experienced two disruptive and unlawful protests in regions 3 and 4, in part, because employees allege they are being racially prejudiced," Tshwane mayor, Solly Msimanga, said.
The original of this report by Ntombi Nkosi is on page 3 of The New Age of 23 January 2017
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The New Age reports that the trial of a Limpopo farmer accused of abusing and underpaying 300 Zimbabwean farm workers whom he allegedly owed more than R1.6m in respect of the past 10 years has been thrown out of court after witnesses failed to show up.
The 36 witnesses were deported to Zimbabwe at the beginning of the trial late in 2015 because they had no documents, while others were taken off the witness list when they returned to work for the farmer.
The farmer, JT van der Walt, the owner of Johannesburg farm in the Lephalale area, and nine of his managers were charged by the police for the assault and kidnapping of the Zimbabweans.
The Department of Home Affairs had also opened a case against him for employing illegal immigrants, while the Department of Labour had also filed another charge of labour exploitation.
Limpopo labour spokesperson Lerato Makomene confirmed the case had been dismissed. “The case was thrown out of court because there were no witnesses. Our hands are tied as a department without the witnesses,” Makomene indicated.
A worker representative, Thembani Ndlovu, said they had lost touch with some key witnesses now thought to be in Zimbabwe. “It was difficult to locate the witnesses who went back to Zimbabwe because they were undocumented. Some of the witnesses moved to other towns because they couldn’t stay here without jobs. So the case could not go ahead,” Ndlovu said.
The plan was to have the workers paid through the Zimbabwe consulate as soon as the matter was finalised. However, Zimbabwe consul general Henry Mukonoweshuro said some of the workers had returned to work for the farmer because they were under pressure.
“”We had the numbers and we had said we would assist to track them down, but we are not aware of this development,” Mukonoweshuro stated.
Most of the workers had been employed at the farm for more than 10 years. Van der Walt farms maize, tomatoes, onions and potatoes.
Ndlovu claimed that the farmer forced them to work from 5am to 11pm and paid them R70 instead of the government stipulated R103 for an eight-hour shift per day.
The original of this report is on page 2 of The New Age of 10 January 2017
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Sunday Times reports that three cleaners at Sun City claim they were made to strip naked after guests alleged that R6,000 had been stolen from their unit at the resort's Vacation Club apartments on New Year's Day.
A tearful Doreen Motaung, 50, told the Sunday Times she felt humiliated and violated. "I have been working here for 12 years with a clean record but what happened to me on New Year's Day will haunt me for the rest of my life. I was forced to expose myself in front of a young [female] security guard who is almost the same age as my child," she said.
However, Sun City claims the women voluntarily undressed during a pat-down in privacy. "[A strip-search] would have been contrary to Sun International's policy," said spokesman Michael Farr.
Motaung said the guests who accused Basetsana Molote, Bertah Moswane and herself of theft also verbally abused them using racial slurs. "I am so traumatised and I can't sleep at night," she stated.
Moswane, who cleaned the guests' rooms on New Year's Day, said they were in the room while she cleaned. "They gave me R10 as a tip and asked me to tell Doreen, who had cleaned their room a day before, to come for her tip." Motaung said she went to the unit, where the guests offered her a Coke and gave her R20. Then they asked who else had cleaned the room because money had gone missing.
She said there were about 10 guests in the two-bedroom unit.
Security officers were called and Moswane and Molote, who had been working on the same floor, were summoned. The women said a row then broke out.
"They [the guests] accused us of stealing money from their room, saying black people are thieves," said Moswane, 33, who has been working at Sun City for eight years and has never before been accused of theft.
Molote, 37, who has worked at Sun City for five years, said she was traumatised by the verbal abuse. "The guests were swearing at us, calling us names like 'f***ing bitches'. One of them claimed she was a magistrate and that she was going to send us to jail for10 years."
The women said they were taken to a bathroom in the unit and searched. Moswane said she was stripped naked and forced to squat. "The door was wide open. Some of the guests saw us naked. What they did to us is inhumane and a gross violation of our rights. I resisted when the guard told me to strip. She even forced me to bend after taking off my panties." She said the security guard told them she had received "strict instructions from above" to strip them. "Doreen and I went to the police on Wednesday to submit additional statements."
North West police spokesman Brigadier Sabata Mokgwabone confirmed police were investigating a case of crimen injuria.
Farr said an internal investigation was underway. "Our security service provider has told us that the three ladies in question were not asked to strip. [They) were requested, one at a time, to accompany a female security officer into a bathroom for a standard pat-down search. "Regrettably, two of the ladies decided … of their own accord to remove their clothes immediately while the other lady, upon entering the bathroom, asked if she should take off her clothes and was told not to by the female security officer. Despite this, the lady elected to unbutton her blouse."
Farr said the alleged theft was reported to the police and that Sun City's group surveillance and security manager was conducting an internal investigation into all elements of the matter, including the use of polygraph technology.
"No money was found to be in the possession of the three ladies. We do not know if the guests, highly agitated at the time, apologised to the three ladies," Farr said.
The original of this report by Mzilikazi Wa Afrika is on page 9 of Sunday Times of 8 January 2017
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Business Report writes that the Association of Mineworkers and Construction Union (Amcu), the biggest union in SA’s platinum industry, on Tuesday called for a new commission of inquiry to be set up to find the “real perpetrators” of the Marikana Massacre.
Amcu president Joseph Mathunjwa told journalists in Johannesburg the new commission would help get answers which the Farlam Commission, established by President Jacob Zuma, failed to do find.
The massacre, in which 44 people were killed in violent clashes during an illegal wage strike at Lonmin in mid-August 2012, has been described as the biggest use of lethal force by police on civilians since the Sharpeville killings.
“The Farlam Commission failed to find the real perpetrators of the massacre – those who gave the orders to the ones who pulled the triggers,” Mathunjwa said.
“We demand a commission, facilitated by a credible independent body, to get to the truth of who at the highest levels were responsible for the Marikana Massacre.”
He said the new commission should set out the processes and forms of compensation that could bring about a real and deep process of healing to Lonmin employees and their families.
Mathunjwa’s comments were in response to Zuma’s statement on Sunday during which he gave an update on steps taken to implement recommendations by the Farlam Commission to various government departments.
Zuma said Lonmin’s licence could likely be revoked it did not submit an adequate housing plan.
The decision to break the strike by the heroic Lonmin workers could only have been taken at the highest level
Mathunjwa said Zuma’s threat to revoke Lonmin’s mining right if it did not improve its obligations to improve the lives of its employees would not address working class issues.
“This threat is a knee jerk approach. Lonmin did not start in 2012 not to comply with its housing obligations. Before the massacre who was responsible for not enforcing compliance? I think this is politicking. How many mining houses are not complying with housing obligations?” he asked.
Zuma had said on Sunday that Lonmin, the world’s third biggest platinum producer, had been slow in meeting its housing obligations.
“A compliant housing plan will be requested from Lonmin, failing which immediate action in the form of suspension or cancellation of the mining right will be taken,” he said.
Zuma revealed four police officers faced murder charges, while others faced attempted murder charges for the massacre.
Mathunjwa argued, however, that the decision to charge the police officers was in fact part of government’s plan to find a scapegoat in the form of police officers.
“The decision to break the strike of the heroic Lonmin workers could only have been taken at the highest level of the state.
“Bosses of Lonmin are not facing any accountability for their role in this massacre, when we know they urged the state to intervene, provided logistical support to the police and have failed to hold their managers and directors to account, compensate the victims and address the very causes of the strike, namely the struggle for a living wage and decent living conditions for their workers,” he said.
The original of this report by Dineo Faku is on page 20 of Business Report of 14 December 2016
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Sunday Times reports that the South African Municipal Workers’ Union (Samwu) has been placed under provisional liquidation after failing to pay its former law firm R.2.4-million in outstanding legal bills.
Johannesburg attorney David Maimane brought the application in the High Court in Johannesburg for debt dating back to March. Samwu cut ties with the firm, KD Maimane, on 3 June.
The union says it will apply for the order to be repealed. "For the sake of peace we are prepared to pay them their two million," Samwu general secretary Simon Mathe told the Sunday Times on Friday.
Samwu has about180,000 members countrywide, each paying-R65 a month in membership fees. It is the majority union in the local government sector.
Delivering his ruling on Tuesday, acting judge Daniel Berger said anyone with a "legitimate interest" should give reasons "why this court should not order the final winding up of the respondent on 21 February”.
In his founding affidavit, Maimane said Samwu owed the firm money for legal representation it had provided "to and on behalf of the members and for the respondent upon its instructions".
Maimane said: "I telephoned the president of [Samwu] to request an urgent meeting to discuss non-payment of the account and other issues. He indicated that I should contact him after the 3 August local-government elections. When I did phone him on a number of occasions I was not able to speak with him and I left messages. He never returned my calls."
On 16 September he [Maimane] received a request from the union asking how much it owed him in total. He gave the figure but never heard back from it.
Maimane said when he eventually met with the union's leaders, he was told the union was struggling to collect members' contributions from employers.
But Mathe told the Sunday Times the union had only become aware of the court case this week when it was issued with the provisional order.
"We have instructed our attorneys to apply for an urgent rescission of that court order, because we were not aware of the proceedings against us," he said.
Asked why the union had not paid its bills; Mathe said: "The issue that might have complicated things is that at the office we received a lot of suspicious invoices and we appointed a company to conduct an investigation. Unfortunately the invoices from [Maimane] were also subject to the forensic investigation. We cannot pay any amount to anybody before we can satisfy ourselves the invoice is legit."
This report by Siphe Macanda is on page 5 of Sunday Times of 11 December 2016
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Business Report writes that the National Union of Metalworkers of SA (Numsa) yesterday reiterated its rejection for the proposed national minimum wage and also said that it did not support the endorsement of deputy president Cyril Ramaphosa as the next president of the ANC.
In a fiery media briefing in Johannesburg, ahead of its 10th national congress, general secretary Irvin Jim said Numsa was concerned about the country’s grotesque level of inequality. Numsa was expelled from the Congress of South African Trade Unions (Cosatu) after clashes about policy and ideological trajectory of the tripartite alliance.
Jim said next weeks congress would be an historic opportunity for Numsa members to launch a counter-offensive and to fight for a living minimum wage. He said workers would oppose any limitation on the right of workers to strike, take forward the campaign for a new workers’ federation and proclaim the birth of the new revolutionary workers’ party.
“The Cosatu leadership has colluded with the ANC neo-liberal government around the national minimum wage. Numsa regards Cyril Ramaphosa’s proposal for R3 500 a month as a legitimisation of slavery wages, which would leave millions in poverty, but safeguard the interests of the exploiting capitalist class,” Jim said.
“The pathetic proposed R3 500 minimum wage will do virtually nothing to improve this lack of income for millions of South Africans, especially in those households where nobody has a job.
“An inevitable consequence of these levels of unemployment is that employed workers will have more unemployed family members to support from their meagre wages.”
Jim also said that Numsa would not be campaigning for President Jacob Zuma to resign. He said the union had already made this call three years ago because of the Zuma administration’s pursuit of neo-liberal policies such as the National Development Plan, e-tolls, labour brokers, and the youth wage subsidy.
Numsa will be holding its 10th National Congress from December 12 to 15 in Cape Town. – ANA
The original of this report by Siphelele Dludla is on page 25 of Business Report of 8 December 2016
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The Star reports that more than 750 employees of the forensic pathology services in Gauteng have been on an illegal strike since the beginning of the month, forcing the provincial Health Department to go the legal route to bring it to an end.
Health MEC Qedani Mahlangu said her department had applied for and was granted a court interdict to end the strike. "Forensic officers are now back at work. Post-mortems on all outstanding cases are being fast tracked accordingly. We have been interacting with them to resolve their issues, but we don't condone the disruption of service delivery," said Mahlangu.
A forensic officer, who asked not to be named as he had taken part in the strike, said their gripe centred around the lack of danger pay and a dissection allowance. "Doctors get an allowance for performing dissections. We know they don't perform surgeries, because we're the ones performing it. So why don't we receive that allowance as well?" he said.
He claimed that the department allocated a sum in the region of R28 000 for dissections. "Doctors don't even touch a single tool during surgery, they just direct us," he claimed.
The employee said their gripe extended to the lack of danger allowance, despite it being afforded to employees in other departments. "Our counterparts in the EMS division, for example, get danger allowances. We work in dangerous environments, so we don't understand why we don't get that allowance too," he said.
The department's spokesperson, Steve Mabona, said forensic officers were not registered with statutory bodies and were not eligible to receive those allowances. "Forensic officers are not health practitioners and, therefore, do not qualify for such allowances."
The original of this report by Tankiso Makhetha is on page 2 of The Star of 8 December 2016
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Sowetan reports that a second top labour department official faces contempt of court charges for taking too long to pay hundreds of millions of rands to a company that processes “injury on duty” claims.
Compensation Solutions (CompSol) has revealed that it will institute contempt of court charges against labour director-general Thobile Lamati and the Compensation Commission.
The department’s chief operations officer (COO) Shadrack Mkhonto, who was previously the commissioner at the Compensation Commission, is fighting similar charges after the Supreme Court of Appeal (SCA) sentenced him to a three month jail term, suspended for five years, for ignoring court orders to pay CompSol over R400-million for processing the commission’s claims.
In April, the SCA found Mkhonto in contempt of a July 2009 North Gauteng High Court judgment ordering the commission to pay CompSol.
The high court also ordered Mkhonto and the commission to process the backlog of medical accounts within three months.
Mkhonto has approached the Constitutional Court to have the SCA’s finding set aside, arguing that it is a “serious matter which impedes my dignity and directly affects my freedom. I now have a civil contempt of court finding hanging over my head for a period of five years, in circumstances where I did not wilfully breach an order of court,” reads Mkhonto’s founding affidavit.
He said the contempt of court finding was an invasion of his rights and that he was entitled to exhaust all legal remedies to vindicate his version.
Mkhonto’s term as compensation commissioner ended in May last year and he was appointed the department’s COO the following month.
CompSol chief executive Charl van Wyk, revealed in his opposing affidavit, that the company issued no less than 19 summonses against Mkhonto, the commission and the director-general encompassing accounts worth over R422-million. He said all the summonses were based on ongoing breaches of the same order, forming the subject matter of the case. “The respondent (CompSol) is in fact currently preparing a fourth application to have the second (Compensation Commission) and third (Lamati) applicants held in contempt of this same order,” said Van Wyk.
Lamati was not the director-general at the time the order was granted, but the occupational health and safety chief inspector.
According to Van Wyk, there had been constant breaches of almost all aspects of the high court order.
The Constitutional Court will hear Mkhonto’s appeal in March.
The original of this report by Loyiso Sidimba is on page 2 of Sowetan of 29 November 2016
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Sowetan reports that a veteran trade unionist has warned the mining industry and the government that failure to urgently address the issue of thousands of mineworkers who were buried in unmarked graves during apartheid could lead to anarchy.
James Motlatsi, the longest serving president of the National Union of Mineworkers (NUM), said: “Anarchy is the easiest thing to start in SA but to control it is something else. Government and the [mining] industry must act now before things get out of hand. Many people lost their lives in mines during apartheid. Their families are angry. Anything can happen.”
Motlatsi said the matter should be resolved now lest it stays on “matters arising” forever in the discussions of the mining industry.
Motlatsi started work on the mines as a Lesotho migrant labourer in 1970, in the Free State. He led NUM from its inception in 1982 to 2000 before joining Teba, the country’s oldest mining labour recruitment agency, as the chief executive in 2001. He is currently Teba’s nonexecutive chairman.
Motlatsi was commenting on Sowetan’s recent exposé about unmarked graves of mineworkers who died on duty and were buried by their employers without the consent of their families. In some cases, workers buried their colleagues after raising funds through burial stokvels.
SA Destitute Ex-Miners Forum is currently assisting about 18,000 families to trace the remains of their relatives buried at mines across the country. The forum also wants to force the Chamber of Mines and government to repatriate the remains for dignified burials.
Motlatsi said before NUM was formed, the remains of dead workers would be kept in the mortuaries of the company’s hospital. “Then the company would organise a black coffin to bury the body in the same clothes they died in. In some instances families would be notified of the death late and be told that their relative had already been buried.”
Motlatsi cited at least three people from his Morifi village in Mohale’s Hoek, Lesotho, who were buried in the 1960s. He said in those days Lesotho citizens were given a three-day pass to come to SA to fetch the body or attend the funeral. “Many saw it as a waste of time because a train trip would take exactly three days.”
Motlatsi indicated that the situation improved after the formation of NUM, leading to two-month “rigorous” negotiations with mine managers in June 1983 before the long mining strike of 1987. “There was lots of resistance from white people. They wanted things to remain as they were; people dying like flies and buried like dogs.” The talks led to formalisation of the industry and establishment of pension funds with burial covers. However, there was still a long way to go to address past atrocities, Motlatsi said.
“Government and the mining industry need to take responsibility to deal with these unmarked graves. Municipalities should also come on board because those graves are on government land.”
Chamber of Mines spokeswoman Memory Johnstone said they were willing to assist to trace unmarked graves but were yet to be approached on this.
This report by Lindile Sifile is on page 14 of Sowetan of 24 November 2016
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The New Age reports that three unions on Wednesday demanded that AEL Mining Services, a subsidiary of JSE-listed AECI Group, put to an end to what they claim are practices of "exploitation, discrimination and oppression".
The unions claim black employees are discriminated against and white staffers with little experience or proper qualifications are promoted.
Close to a 1,000 members of the General Industries Workers Union of SA (Giwusa), the SA Chemical Workers Union (Sacwu) and the Chemical Energy Paper Printing Wood and Allied Workers Union (Ceppwawu) marched to the head office of AEL and handed over their demands to the company's leadership.
The unions' representative, John Appolis, said: "Workers are fed up with the exploitation, discrimination and oppression at the hands of AEL management. One of the main sources of this exploitation and discrimination is the grading system." He said the system favoured management. "It allows management to control workers, apply favouritism and exploit workers. There is no logic to the grades 25 to grade 28. It is only a tool to pay workers less. Workers demand the scrapping of all grades below grade 28." "Disciplinary policies are applied differently. Recently a white manager confronted a black female employee demanding to know why she was using a company vehicle to drive township kids around but white managers can use company vehicles to drive their wives and families about."
AECI yesterday denied the allegations, saying it was "a proudly South African, equal opportunity company" and took the matter seriously. Fulvia Putero, AECI's corporate communications and investor relations manager, said: "Given our country's history, we're particularly aware of issues regarding discrimination and take allegations of racism extremely seriously." Putero said that, as an AECI Group company, "AEL adheres to the same principles of fairness, equality and non-discrimination. These principles are non-negotiable and are at the heart of the values that underpin all of AECI's businesses."
Putero also said AEL "has a long and proud history of engagement with all unions" that represent its workforce. "It has, and will continue to have, an open door policy in dealing with its workers' legitimate concerns. This includes allegations of racism."
The unions disagree. "Black and white employees can do the same job but not earn the same. Racism is especially alive in places like Kuruman and Witbank," Appolis said.
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The Star reports that suspended national police commissioner General Riah Phiyega's fate will soon be decided, as a report by the Claassen Board of Inquiry into her fitness to hold office has been concluded.
"The board has now completed its report regarding the fitness or lack thereof of the national police commissioner to hold office," commission chairperson Judge Neels Claassen said. "The report will be handed over to the president on a date determined by the president. The report will be distributed as provided for in the legislation," the judge added.
The country's top cop was suspended by President Jacob Zuma following allegations of misconduct emanating from the Farlam Commission of Inquiry report. The commission investigated the deaths of 44 people killed during labour unrest at Lonmin's platinum mine in Marikana in August 2012. The president subsequently appointed Judge Claassen to head the inquiry, assisted by advocates Bernard Khuzwayo and Anusha Rawjee.
The terms of reference included investigating whether Phiyega, acting with others in the SAPS leadership structures, misled the Farlam Commission by hiding the fact that they had authorised the "tactical option" during a management meeting a day before the killings.
The hearings were concluded on 3 June. On the last day, Phiyega's counsel appealed for the acquittal of the beleaguered top cop. "You can say no action should be taken against her, or you can recommend reduction of her salary or that she be transferred to another department.. So you have a whole lot of options," said William Mokhari SC. "But we are saying that, based on the evidence, you should acquit her of all the charges."
Report by Tankiso Makhetha on page 5 of The Star of 22 November 2016
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Business Report writes that the threat of disruption in South Africa’s automotive manufacturing industry by a strike in the retail motor industry, including the automotive component manufacturing sector, has been averted.
Jakkie Olivier, the chief executive of the Retail Motor Industry Organisation (RMI), confirmed on Sunday that an agreement had been signed for the entire industry with the National Union of Metalworkers of SA (Numsa) on Friday.
Olivier said despite all the demands made by Numsa, the agreement signed was effectively a wage deal in terms of which wages would increase by 7% in each year of the three-year agreement.
Numsa’s previous final demand was for a wage increase of 9% in the first year of a three-year agreement, with wage hikes of 8% in each of the following two years.
Mark Roberts of the automotive component manufacturers said wages would increase in that sector by 8.5% in the first year, by 8% in the second year and by 7.5% in the third year of a three-year agreement.
Numsa was not immediately available for comment.
Olivier said the conditions that were part of previous three-year agreements were part of this deal, meaning the industry would have stability for the next three years.
He said the Motor Industry Bargaining Council (Mibco) would submit the agreement to the Minister of Labour to publish in the Government Gazette and extend it to the entire industry.
Olivier said the labour minister had indicated that they needed up to 10 weeks to publish and extend the agreement to the entire industry, which meant it was likely it would become effective early next year.
Roberts said Numsa had always wanted a mega bargaining council, but the RMI was opposed to it.
Roberts and Olivier confirmed that they had agreed to undertake a research process over the three-year period of the agreement to see if there was a way to align the wage negotiation cycles of the automotive manufacturers and the automotive component sector.
Olivier said the wage agreement for the vehicle original equipment manufacturers (OEMs) was effective from 1 July, while the automotive component manufacturers were on a 1 September cycle.
He said if agreement was reached on the alignment of the negotiating cycles, it would prevent the disruptive effect of back-to-back strikes in the automotive industry. In 2013, almost nine weeks of back-to-back strikes resulted in the loss of production of 58,000 vehicles worth about R11.6 billion.
However, Olivier stressed that RMI had not agreed to anything yet but to participate in research to see if it was feasible to align the cycles.
Roberts said automotive component manufacturers could not be faced with a demand for a mega bargaining council each time a new agreement was negotiated but had agreed without any predetermined outcomes to do more comprehensive research on the feasibility of the alignment of the negotiation cycle.
He said if the automotive component manufacturing sector became part of the OEM bargaining forum it would only be a matter of time because the terms and conditions of the agreement reached with the OEMs was forced down on automotive component manufacturers.
“Because of the diversity of the (automotive component manufacturing) industry, we have to decide how to align the bigger one’s without selling out the smaller manufacturers. For the bigger auto component manufacturers it’s a no brainer but not for the smaller guys.”
Roberts said in general the automotive component manufacturers believed it was also important to try and find a way to shorten the bargaining process.
Based on a report by Roy Cokayne on page 15 of Business Report of 21 November 2016
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Mail & Guardian writes that the upcoming central executive committee (CEC) meeting of labour federation Cosatu will probably leave its president, S'dumo Dlamini, isolated. Cracks are beginning to emerge in the faction in the tripartite alliance that remains loyal to President Jacob Zuma, which includes Dlamini, as Cosatu’s major unions find themselves at odds with him. The unions have openly defied his call to refrain from entering the ANC leadership debate and to mute the criticism of recent government scandals.
Over the past six months the Cosatu president has become the last line of defence for Zuma's faction. Asked about Dlamini's perceived reputation for guarding Zuma's interests, the teachers' union Sadtu said it believed it was because he would not pander to populist views. "You have very strong leaders who are not populist ... people want to see a personality and, when they don’t, they think he is weak," the union's general secretary, Mugwena Maluleke, said.
Dlamini has consistently prevented Cosatu's biggest unions from endorsing Deputy President Cyril Ramaphosa as Zuma's successor in the ANC. He has also refused to join the outcry over the Public Protector's ‘State of Capture’ report. He would also not be drawn on the scandal over Zuma's Nkandla home when the matter was being argued in court, and called on South Africans to "move on” following the judgment. This flies in the face of strong criticism of the ANC voiced by Cosatu's unions.
Monday's meeting will see Dlamini pitted against the leaders of these unions, which include the National Education Health and Allied Workers' Union (Nerhawu), the National Union of Mineworkers (NUM), the Communication Workers' Union (CWU), the South African Football Players' Union (Safpu) and the South African State and Allied Workers' Union (Sasawu).
Several Cosatu union leaders are also members of the SA Communist Party, which in recent months has warned against the capture of the ANC's branches by the Zuma faction.
These antithetical views will now be put forward at Cosatu's CEC. But it does not appear that it will be enough to unseat Dlamini, who has retained his position despite the expulsion of Cosatu's largest affiliate, the National Union of Metalworkers of SA (Numsa), and with even more unions threatening to leave.
This report by Govan Whittles is on page 7 of Mail & Guardian of 18 November 2016
See too, #JZMustFall is breaking ANC, Cosatu, on page 12 of Mail & Guardian of 18 November 2016
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The New Age reports that labour federation Cosatu is concerned that two of its union affiliates could defect to join a mooted new trade union federation led by its former general secretary, Zwelinzima Vavi.
The National Union of Metalworkers of SA’s (Numsa’s) October 2016 secretariat report suggests that the union (Numsa) is on the brink of persuading the SA Football Players Union (Safpu) and the SA State and Allied Workers’ Union (Sasawu) to join the new federation to be led by Vavi.
Cosatu national spokesperson Sizwe Pamla said the federation had been stunned by reports that Sasawu and Safpu could follow in the footsteps of the Food and Allied Workers Union (Fawu) and thrown in their lot with the Vaviled federation.
While Sasawu and Safpu are smaller affiliates of Cosatu, their defection could have a psychological impact on Cosatu following the expulsion of Numsa. This, according to Cosatu, could kill the morale to rebuild unity.
Pamla warned that the unions, when they disaffiliate, would have to provide reasons for their defection. "The day you disaffiliate, you have to inform us. They never told us they are leaving," he said.
Sasawu general secretary Manelisi Tyatyantsi confirmed that the union was considering leaving Cosatu. "At the moment we don't have a concrete position," he said.
According to the Numsa report, a list of 52 unions participated in talks to form a new federation set to rival Cosatu. Added to the mix, was the inclusion of Solidarity and the Association of Mineworkers and Construction Union (Amcu).
Numsa was concern though that Amcu could be "developing cold feet". "Despite our concerns about Amcu not coming-on board at the pace we would have wanted them to, in line with the previous decision, Numsa is renewing its efforts at dialogue with Amcu. That dialogue must take place nationally and at regional and local level," Numsa said.
Based on a report by Bonolo Selebano on page 4 of The New Age of 11 November 2016
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Sowetan reports that destitute former workers of the ill-fated Aurora Empowerment Systems gold mines have submitted a list of complaints against liquidators of the company to the Master of the High Court in Pretoria. The more than 5,000 workers, among others, accused the liquidators of failure to honour their promise to pay them after Gold One purchased Pamodzi assets for R70-million and lack of accountability in the handling of funds.
Aurora was co-owned by President Jacob Zuma’s nephew Khulubuse Zuma, former president Nelson Mandela’s grandson Zondwa Mandela, Thulani Ngubane and Solly and Fazel Bhana.
In 2009, Aurora directors took over the mines in the East Rand and Orkney in North West after the previous owners were placed in provisional liquidation. In June 2015‚ the Pretoria High Court found that the Aurora directors liable for damages that could amount to R1.7-billion after the mines were left to idle and stripped of assets, leaving workers without pay for months.
In May, the Supreme Court of Appeal upheld the lower court conclusion that Zuma and Mandela had acted recklessly and fraudulently when they took over the Pamodzi assets and should be held personally liable for damages.
One of the former workers, Terra Dimane, said they marched to the Master of the High Court in September to demand that chief master Lothian Basson look into the conduct of the liquidators. He said they were yet to be paid for services, provident funds and leave amounting to more than R30 000 each. Dimane said this was despite the R23-million settlement deal Zuma struck with the liquidators.
“Our biggest concern is that some workers are sick, others have died or are stranded in poverty ... Nobody is telling us anything, all we know is from the media,” Dimane said.
In the memorandum handed to the master, the workers also claimed the liquidators stripped the mine of its assets and all the shafts were shut down but there was no accountability for the funds.
The workers’ demands included that they be involved in all processes, be prioritised for payout in the list of creditors, that unemployed former workers be placed in other operational mines, sick workers be attended to and families of the deceased be paid in full.
Mametlwe Sebei, of Lawyers for Human Rights, has intervened on behalf of the workers. He said the biggest issue was that the mine operated for another seven months after the liquidators took over and pension fund contributions were deducted from salaries, but never paid into the fund.
“I’ve spoken to the liquidators and committed to a meeting [this week]. The other [matter] is the issue of severance packages,” he said.
John Walker, a lawyer representing the liquidators, said they had responded to the complaints in the memorandum as demanded by the chief master of the high court.
“The master convened a meeting a week after the complaints were handed to him. Everybody attended but the workers decided not to come. The master then took us through the complaint and demanded that we respond to each complaint, which we did,” he indicated.
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The New Age reports that health practitioners belonging to various unions in the OR Tambo region are threatening to down tools over a crisis caused by a gross shortage of staff and issues relating to study leave. Nurses belonging to the Democratic Nursing Organisation of SA (Denosa), the Public Servants Association of SA (PSA) and the Health and Other Services Personnel Trade Union of SA (Hospersa) said the Eastern Cape had a gross shortage of nurses to the point that enrolled nurses were taking risks running wards in the absence of registered nurses. This is said to be seriously disapproved of by the regulations board.
Unions say that nurses are willing to engage with the provincial health department’s superintendent-general (SG), Dr Thobile Mbengashe, before withdrawing their services and want to expose the department for its ignorance and for not appreciating the work that has been done.
Nurses are said to be running the risk of being litigated against where one nurse has to do a job which should be done by three because of the shortage of staff. They also want the department to provide them with study leave.
“It is the first time under the leadership of the current SG that by November people who are supposed to go to school the following year, have not gone to work in the areas of their desired speciality. It is under the current SG that enrolled nurses, after being so productive in the department (and) who sacrificed many years getting so little money, this year are told to resign if they want to go to school,” the unions claimed.
Provincial health spokesperson Siyanda Manana said: "The SG's office has made an appointment with the union leaders to meet and part of the agenda are the issues raised." The meeting will take place on Thursday in East London.
Based on a report by Indie Boyce on page 23 of The New Age of 4 November 2016
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