Today's Labour News

OCCUPATIONAL SAFETY

Community members looted milk from truck, ignoring vehicle’s murdered driver and his bleeding crew members

IOL reports that police in Calcutta are in pursuit of assailants who fatally shot a 45-year-old truck driver on the R40 Road in Marite, outside Hazyview, on Tuesday morning. During the “heartbreaking” incident, some community members looted dairy products that were inside the truck, while the body of the murdered truck driver was motionless behind the steering wheel.   Mpumalanga police spokesperson, Brigadier Selvy Mohlala said: “The driver as well as two of his crew members were driving along the R40 Road in a truck, heading towards Bushbuckridge for a delivery. As they were passing through Marite, next to a certain filling station, it is alleged that approximately four to five armed suspects emerged from the roadside with firearms.” Amidst the commotion, the truck driver made a U-turn, and bumped into another vehicle. “Further information indicates that the suspects began firing shots towards the truck. Unfortunately, the driver was hit by the hail of bullets and the truck came to a halt after bumping into a tree after losing control as the driver was shot,” said Mohlala. He added that the other two crew members were “lucky to be alive” after sustaining some slight injuries. “It was during this difficult moment, as victims needed urgent help but rather some members of the public are said to have helped themselves with items from the truck instead of assisting those that were in need,” said Mohlala.   Police and paramedics were summoned to the scene and upon arrival, the driver, Petros Jay Magagula from Matsulu, was certified dead. No one has been arrested in relation to the brutal incident so far.

Read the full original of the report in the above regard by Jonisayi Maromo at IOL

Soldiers and sailors are paying the ultimate price for budget cuts

BL Premium writes that SA’s soldiers and sailors are paying the ultimate price as the government’s attempts to rein in public spending over the medium term further erode the capabilities of the SA National Defence Force (SANDF). While the reasons for last week’s submarine tragedy near Kommetjie in the Western Cape are still subject to the findings of a naval board of inquiry, it has been established the navy’s three submarines had not been operational until recently. A lack of funding and spares hampered the SAS Manthatisi’s first refit in 2014 after it was brought into service in 2006. The refit of the SAS Manthatisi was completed earlier this year followed by sea trials and retraining of crew. Last week’s tragedy claimed three lives. Earlier the same day four troops from 8 SA Infantry Battalion in Upington were killed in an accident involving two military trucks. One of the trucks was being towed when it burst a tyre, causing both vehicles to overturn. Another two soldiers were critically injured. Towing is against military regulations but no military recovery vehicle was available. In line with the National Treasury’s instructions to all state departments, the department of defence was notified it had to cut an additional R1.9bn from an already limited allocation before the medium-term budget policy statement on 1 November. SANDF salaries account for about 80% of the total defence budget, while R2.4bn in salary increases this year remains unfunded. Treasury also demanded that the SANDF cut personnel. An additional R1.5bn was provided, but a further R2bn for severance packages is unfunded. Those amounts, together with R2.9bn in irregular spending debited against the defence account, will leave the SANDF in the red by R9.2bn. Military analysts say the operations budget will have to be cut even further, leaving less money for training and maintenance of equipment. The Treasury is awaiting proposals from the SANDF for its cost-saving measures.

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

ICASA STRIKE

Nehawu says wage strike from Wednesday will shut down Icasa offices countrywide

TimesLIVE reports that the branch of the National Education, Health and Allied Workers’ Union (Nehawu) at the Independent Communications Authority of SA (Icasa) says its members will go on strike from Wednesday after failing to reach an agreement over wage increases. The union served Icasa with a notice to strike last Monday. Nehawu represents 200 of the 300 people in Icasa’s employment. “This industrial action will effectively have the offices of the authority across the Republic shut down until further notice,” the union indicated. The strike comes after negotiations for the 2023/24 salary increases collapsed at the Commission for Conciliation, Mediation and Arbitration (CCMA) earlier this month. “Icasa has unilaterally and against the spirit of negotiations opted to implement the paltry 4.4% increment with the desperate hope of dividing workers.   The union stands by its demand of 8% across the board which is not unreasonable considering that Icasa does not offer any benefits to its workers,” Nehawu stated. According to the union, its members have been subjected to below inflation increases for the past three financial years.

Read the original of the short report in the above regard at BusinessLive

TSHWANE STRIKE

Imatu cries foul after members dismissed by strike-battered Tshwane

BL Premium reports that the Independent Municipal and Allied Trade Union (Imatu) has referred a dispute with the City of Tshwane over the dismissal of some of its members to the SA Local Government Bargaining Council (SALGBC). Nineteen Imatu members were fired by the metro for their alleged involvement in a violent and illegal wage strike that has been raging for the past two months.   Imatu’s Lynette Burns-Coetzee said: “We are confident that the City of Tshwane (who will have the onus to prove fair dismissals based on a fair reason and a fair procedure) will struggle to prove this fairness as these members were at all times willing to work and some were not even supposed to be at work.” The delivery of municipal services has been affected in Tshwane after the SA Municipal Workers’ Union (Samwu) embarked on an illegal wage strike on 26 July, demanding that the metro implement a 5.4% wage increase, being the last leg of a three-year wage agreement signed in the SALGBC in 2021.   The Labour Court granted the city an interim interdict in July against striking Samwu members, which was made permanent two weeks ago. Burns-Coetzee, however, said the metro “never secured an interim order against Imatu’s members to return to work. Moreover ... some of our members were not even supposed to be at work (valid maternity leave) during the strike and others were at work but were hindered from performing duties, due to harassment and intimidation.”

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

Imatu loses bid to have Tshwane’s Johann Mettler and two managers held in contempt of court for not paying salaries

Pretoria News reports that the Independent Municipal Allied and Trade Union (Imatu) in the City of Tshwane has lost its urgent court bid to have municipal manager Johann Mettler and two senior managers held in contempt of court for not paying the salaries of its members during an unprotected strike. The City has hailed the ruling on Friday as a victory against the union, which it said “suffered a heavy blow”. Municipal spokesperson Selby Bokaba said: “Imatu asked the court to have two senior managers in the Group Human Capital Management Department, including the city manager, held in contempt of court for not paying the salaries of their members during the strike.” Salaries of Imatu members, he said, were recalled after the City became aware that they were not executing their duties. “The union also wanted the City to reverse and pay its members’ salaries for the month of August 2023,” Bokaba noted. The union moreover argued that the dismissals of its members’ were unfair, “where they held dual membership with another trade union, Samwu, whose members were dismissed for participating in the unlawful and unprotected strike, which began in late July”. Bokaba reported that the court dismissed all Imatu’s three requests, but stopped short of granting a cost order against the union. Reacting to the City’s claim of victory, Imatu’s Lynette Burns-Coetzee, said: “Imatu does not see the victory in the Labour Court for the City of Tshwane as a complete victory. The court might not have found in favour of the contempt of court application but Imatu was still victorious in securing payment of salaries of our members whose salaries were not paid in August 2023.”

Read the full original of the report in the above regard by Rapula Moatshe at Pretoria News

MINING LABOUR

Glencore to retrench up to 214 mine workers as Transnet woes, lower coal prices bite

Fin24 reports global mining and trading giant Glencore has kicked off a retrenchment process at its iMpunzi coal operation in Mpumalanga. In a letter dated 20 September from the general manager of the iMpunzi complex, Hlayiseka Chauke, Glencore cited Transnet Freight Rail's [TFR’s] poor performance as a key consideration behind proposed retrenchments, which could affect up to 214 employees. The operation has 1,138 permanent employees and 10 fixed-term employees. The letter noted that TFR's performance has been very poor since the beginning of 2021, with export volumes railed to the Richards Bay Coal Terminal dropping from as high as 80 million tons to about 50 million tons per annum. Chauke advised that the iMpunzi Complex had to consider reducing production in both the mining and processing areas to match the expected rail performance of TFR.   The company said it would consult on the reasons for its proposal and consider any meaningful alternatives put forward. It also said it had submitted a request to the CCMA for facilitation. Thapelo Malekutu of the National Union of Mineworkers (NUM) said the union had been warning of coming job losses in the sector due to the logistics issues, but calls for an intervention from government had fallen on deaf ears. The Glencore retrenchment process comes on top of others in the coal heartlands of Mpumalanga, causing increased concern over job losses among organised labour, especially after Seriti Power kicked off a sizeable process at its Klipspruit mine earlier this month, which could affect up to nearly 800 quality jobs.

Read the full original of the report in the above regard by Lisa Steyn at Fin24 (subscriber access only)

ESKOM CEO APPOINTMENT

Eskom case shows the minefield of appointing a CEO for a state-owned entity

The Citizen reports that efforts to appoint a new Eskom CEO have shown how it can be a minefield of a process. This after Minister of Public Enterprises, Pravin Gordhan, rejected the person the Eskom board chose to replace André de Ruyter as CEO. Gordhan rejected the candidate because the board was supposed to have submitted submit three names, as stipulated in terms of Eskom’s Memorandum of Incorporation.   However, according to Professor Parmi Natesan, CEO of the Institute of Directors in SA (IoDSA), the minister’s rejection raises complex governance issues regarding the appointment of senior management at state-owned enterprises (SOEs). “Governance best practice is for the board to appoint the CEO so he or she is accountable to the board. The challenge is that SOEs have enabling legislation or founding documents which often stipulate government (effectively the shareholder) has the power to appoint senior management, as well as the board,” she noted.   Natesan went on to point out:   “King IV recognises this and suggests in the SOE supplement the board be fully involved in the appointment of the CEO and that both parties agree the CEO is accountable to the board, not the minister, as representative of the shareholder.” She said if this approach was not followed, CEOs who did not have the confidence of the board might be appointed and these CEOs might see their reporting line leading directly to the minister rather than the board. “The resulting blurred reporting lines make it difficult for boards and management to work constructively together.”

Read the full original of the report in the above regard by Ina Opperman at The Citizen

DISPUTED MUNICIPAL APPOINTMENT

Appointment of Theewaterskloof municipal manager sparks “politically motivated' clash with MEC Bredell

BL Premium reports that the Theewaterskloof Local Municipality has lashed out at Local Government MEC Anton Bredell after he raised concerns about the appointment of its municipal manager. In April, the municipality appointed Wilfred Solomons-Johannes as the acting municipal manager following the abrupt resignation of Boy Manqoba Ngubo. Ngubo quit the municipality just five months after being appointed on a five-year contract. Solomons-Johannes is a seasoned municipal official, who previously held senior positions in the City of Cape Town. During a special council meeting last week Friday, the council decided that Solomons-Johannes should remain in his position as municipal manager.   However, Bredell has lodged concerns about Solomons-Johannes' appointment and requested the appointment be set aside. He is apparently seeking legal advice to compel the municipality to reverse the appointment. Theewaterskloof Mayor, Mary Liebenberg, defended Solomons-Johannes' appointment, saying she was concerned that Bredell's motive to order the removal of the municipal manager was “politically motivated”. She indicated: “MEC Bredell does not have the authority to demand the municipal manager step down.   We have decided to obtain a legal opinion and to act on that. This opinion will take into account that MEC Bredell approved the appointment of Mr Solomons-Johannes as the director of community services.” The Theewaterskloof Local Municipality is led through a coalition of the ANC, Patriotic Alliance and GOOD party.

Read the full original of the report in the above regard by Marvin Charles at News24 (subscriber access only)

UPHELD ‘DRUNK’ REINSTATEMENT

Tiger Brands loses challenge to reinstatement of drunk worker due to its ‘gross mismanagement’ of disciplinary process

Pretoria News reports that Tiger Brands has lost its application against an earlier CCMA finding that it had unfairly dismissed a worker who twice tested positive for alcohol when he reported for duty. The food manufacturer turned to the Johannesburg Labour Court following the ruling. The commissioner at the time found the dismissal was too harsh and a final warning would have sufficed. The worker, Ben Mabizela, worked as a heavy machine operator at the company’s plant in Germiston and was dismissed in 2019. Tiger Brands claimed employees knew they’d be dismissed if anyone tested positive for alcohol or other substances and it would issue a final written warning only in exceptional circumstances. On 7 January 2019, Mabizela tested positive for alcohol when he reported for work and was sent home. Three months later, the same happened. In June he was called in for a disciplinary hearing regarding the January incident. In August he was given a final warning regarding the January incident. In September, he was called to a disciplinary hearing regarding the April incident and was found guilty and fired.   While the CCMA commissioner accepted the zero tolerance policy, he expressed concerns regarding the delays in both disciplinary proceedings, which he said was gross mismanagement of the disciplinary processes. It was also taken into account that Mabizela was allowed to continue working for six months after the April transgression before he was fired. Acting Labour Court Judge T Gondidze turned down the company’s review application and said the commissioner’s observation that the disciplinary process was grossly managed was a reasonable conclusion.

Read the full original of the report in the above regard by Zelda Venter at Pretoria News

SAPS FAILURES AND SUCCESSES

Police have arrested 7,000 cops in past five years, Cele points out

The Citizen reports that on Tuesday Minister of Police Bheki Cele made the claim that the SA Police Service (SAPS) was improving “and covered the ground, especially in intelligence and overall the better coordination of intelligence of the specialised units and the better deployment to hotspots.” But he added that the police were not perfect and in the last five years, 7,000 ‘of our own’ had been arrested of which only 680 had been found guilty.   According to Cele, police were doing a good job, “maybe that’s why our prisons were 44% overpopulated.” He went on to note: “In the past week alone, police have registered several successes, including the latest takedown of cash-in-transit heist suspects in Hoedspruit, Limpopo, in which four suspects were killed and three suspects arrested.” Among those arrested was a wanted Mozambican linked to the murder of a police official, and a spate of car hijackings, robberies, and fraud cases.   Referring to a syndicate that targeted the LGBTQI+ community through a popular dating app, Cele reported that police had “broken the back of this particular kidnapping syndicate that has so far been linked to over 50 kidnappings, where ransom demands were being made.” In August, seven suspects who kidnapped victims for ransom related to municipality tenders were arrested in the North West. Cele also said there was a criminal block that was part of the resistance against the police and policing work, especially that of Crime Intelligence by media and academics. However, criminologist Prof Jaco Barkhuizen said there was no such thing as anti-police and it was “more like anti-trust in the police and the top management.” He said it was commendable that the SAPS celebrated its successes, but like any success, “it has to be measured against the things that have gone wrong.”

Read the full original of the report in the above regard by Marizka Coetzer at The Citizen

ALLEGED WORKPLACE FRAUD

Two Pretoria sisters arrested for allegedly stealing R137m from Premier

Fin24 reports that the Hawks have arrested and charged two sisters from Pretoria for allegedly defrauding food and packaged goods group Premier of R137 million by diverting payments from customers to their own bank accounts. The siblings, Barbara van Zyl, 54, and Christa Smith, 53, were arrested by the unit's Germiston-based Serious Commercial Crime squad in early August.   They appeared in the Palm Ridge Commercial Court this month and were released on R10,000 bail each. The sisters face up to 30 years in jail if found guilty under the Prevention of Organised Crime Act. Van Zyl and Smith were employed as senior credit controllers at Premier. Van Zyl was employed by the company in 2002 and her sister joined her in 2008. In 2012, the two created a company called ABC Fire Project. Van Zyl was its sole director, while Smith had signing powers over its bank account.   In 2016, the siblings allegedly used their senior positions at Premier to get a large customer to start paying for goods into their ABC Fire account rather than Premier's. Some of these payments were made in cash. Between 2016 and 2020, R137 million was said to have been paid into the sisters' bank account by a single customer. The sisters allegedly tried to cover their tracks by creating bogus debit and credit entries and shuffling funds between bank accounts. Both sisters have denied any wrongdoing and intend to plead not guilty. The case is set to continue next month.

Read the full original of the report in the above regard by Jan Cronje at Fin24 (subscriber access only)

Other internet posting(s) in this news category

• Special council meeting to decide fate of fraud-accused NMB city manager, at News24

COMMUTING

Commuters struggle with transport costs as Metrorail’s Central Line in Cape Town remains closed

GroundUp reports that commuters say they are paying up to four times more for alternative means of public transport since trains stopped operating on Cape Town’s Central Line. The Metrorail line running from Cape Town station through Philippi and Mitchells Plain to Khayelitsha was shut down due to theft and vandalism, a situation exacerbated by the Passenger Rail Agency of SA (Prasa) cancelling security contracts at the end of October 2019. With trains no longer running during the Covid lockdown, people built shacks on and around the abandoned railway tracks. Trains now only operate between Cape Town station and Nyanga.   Further rehabilitation of the line has been hampered by unsuccessful efforts to relocate people living on the railway reserve. People in Philippi, Stock Road, Nolungile, Nonkqubela, Khayelitsha, and Chris Hani pay at least R46 for a return trip to town by minibus taxi, compared to about R12 they would pay by train. “The government should speed up the process of bringing back trains because they are much cheaper. Taxi fees are killing us. They are too expensive,” Philippi resident Eunice Fonqo, who earns R3,500 a month and has to spend R1,400 of her salary on transport, complained. Philippi resident Vumile Hlankomo is unemployed, but says he can’t afford to look for a job. “Work opportunities are no longer reaching our people who are on the Central Line … Because of the lack of transport, our people can’t get them,” Prasa Western Cape manager Raymond Maseko noted on 11 September during an assessment of the process to relocate people living on the Central Line.

Read the full original of the report in the above regard by Sandiso Phaliso at GroundUp

OTHER REPORTS OF INTEREST

• Gasvryheidsbedryf bekommerd oor staat minder aan reis, verblyf gaan bestee, by Maroela Media
• Concerns raised at public hearings over NHI Bill in Cape Town, at News24