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 Tuesday morning roundup, see
summaries of our selection of recent South
African labour-related reports.
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Two life sentences each for two ex-Clover employees who killed security officers during violent protest TimesLIVE reports that the South Gauteng High Court on Monday sentenced two former Clover SA employees to two life sentences each for the murders of security officials Terence Tegg and Joao Jesus Cassanga. Mohale Shokane, 34, and Vusimuzi Duuba, 38, were last week found guilty of murder, assault with intent to cause grievous bodily harm and malicious damage to property. The convictions stemmed from a violent incident on 17 February 2022 during an industrial protest by Clover employees, including the two accused. Protesters intended to submit a memorandum of grievances at the Clover head office in Boksburg. The protest quickly escalated, resulting in the brutal assault and murder of the two security officers. Key video footage from nearby factories, along with witness testimony, identified Shokane and Duuba as participants in the attack. National Prosecuting Authority spokesperson Phindi Mjonondwane said despite the accused maintaining their innocence throughout the proceedings, the state successfully argued for the admission of the video evidence and admission statements, leading to their conviction. The court described the actions of the accused as “barbaric and wholly unnecessary” and noted their lack of remorse. Shokane and Duuba were also sentenced to six years each for assault and malicious damage to property. In delivering the sentences, the court emphasised the importance of deterring similar acts of violence and the need to protect human life. AfriForum’s private prosecution unit worked closely with the police and the prosecution to gather evidence, compile the docket and present the case to court. Read the full original of the report in the above regard by Ernest Mabuza at TimesLIVE. Read too, Former Clover employees sentenced for murdering security guards, at The Citizen. En ook, Clover-moorde: Twee keer lewenslank vir aanvallers, by Maroela Media
Security guards attacked by more than 10 armed suspects at Temba water waste treatment plant in Tshwane News24 reports that security guards stationed at the Temba water treatment plant in Tshwane were attacked on Sunday evening by a group of armed suspects who made away with copper cables. According to City of Tshwane spokesperson Lindela Mashigo, at around 19:45, a group of more than 10 suspects armed with guns gained access to the plant through the fence at the back of the inlet works and shot the locked security door. Some of the men overpowered four private security guards, handcuffed them and took their firearms and cellphones. The other suspects started cutting and stealing cables at the inlet works. "An alarm was raised by one guard at 03:45 [on Monday] after he had managed to escape, since his handcuffs were used by the suspects to lock the main entrance of the gate," Mashigo indicated. A case has been opened with police. This was the second attack on infrastructure at the Temba water treatment plant since February this year. Cables were also stolen in that incident. Read the full original of the report in the above regard by Alex Mitchley at News24 (subscription or trial registration required) Work, cost of living are causing an ‘avalanche of stress’ in South Africa Mail & Guardian reports that mental health conditions in SA are deteriorating, particularly among the working class and youth, as socio-economic strains deepen. Released last week on World Mental Health Day, a survey conducted by the SA Depression and Anxiety Group (Sadag) found that six in 10 employees wished they could afford to quit their jobs. Half of the respondents said they were unhappy when starting work on a Monday morning, which “could be indicative of the negative work environments they are exposed to”. However, the tough economic conditions — inflation, the high cost of living, job losses and rampant unemployment — made having a job seem like “a privilege”. Despite recognising this, employees still reported feeling “completely stressed out” at work, said Dr Bronwyn Dworzanowski-Venter of the University of Johannesburg, who spoke at the launch of the survey. After Covid-19, Sadag did not see a huge spike in stress, instead, there was an ongoing rise, indicating that people were “consistently troubled”. According to the survey, 52% of those questioned had been medically diagnosed with a mental health condition. The majority of these workers were depressed (32%), clinically stressed (25%), generally anxious (18%) and experiencing burnout (13%). Lindsey Reynolds of Pivot Collective reported that their research indicated that South Africans have a diverse collection of issues, but the youth stood out as a key group suffering from mental health conditions. Dworzanowski-Venter said that, for the working class, the main driver of the stress was too much work for too little pay. Read the full original of the report in the above regard by Aarti Bhana at Mail & Guardian Other internet posting(s) in this news category
Families of informal miners burnt to death during Daggafontein police raid in August demand justice GroundUp reports that during an Operation Vala Umgodi raid by the SA Police Service (SAPS) and other law enforcement on 26 August at an old gold mine dump in Daggafontein, a fire swept through reeds commonly used by the illegal miners (zama zamas) as an escape route. The miners allege the fire was started by the police, which they have denied. At least seven people reportedly died, and a dozen other zama zamas were badly injured. One of 50 informal miners who clashed with authorities is still lying in hospital being treated for severe burn wounds. Speaking from his hospital bed, Livison Mativenga said: “All I want now is to survive and for justice to be served … We did not deserve to be burnt alive.” His older brother, Wilson, died in hospital a month ago from his injuries. He was with his brother, selecting rocks they believed contained gold, when the police, soldiers and metro police arrived. The brothers and their friend, Tinashe Masedze, fled to the river and hid in the long reeds. Suddenly the reeds were alight, and the flames quickly spread to where they were. Mativenga managed to escape and was taken to the hospital with another miner, Happiness Marava. He later learnt that his brother, friend and Marava had all died. The survivors and families who lost loved ones accuse police of failing to adequately investigate the incident. They believe those responsible for setting the fire are being protected by the authorities. The police said that the Independent Police Investigative Directorate (IPID) had been informed of allegations that members of Operation Vala Umgodi were responsible for the fire, and IPID would be looking into the matter. However, an IPID spokesperson advised that IPID was not yet investigating the case because the docket was still with police. Dr Vusimuzi Sibanda of the African Diaspora Global Network commented: “We are on the verge of launching a lawsuit. We are aware of the fact that the matter is being sidelined. Everyone is working on sweeping the matter under the carpet yet it’s one of the most gross human rights violations that we’ve seen.” Read the full original of the report in the above regard by Kimberly Mutandiro at GroundUp Other labour / community posting(s) relating to mining
Budget cuts left health department unable to fill critical posts BL Premium reports that budget cuts imposed by the Treasury left the Department of Health (DOH) unable to fill a quarter of its posts in 2023/24, including dozens it considered critical to delivering on its mandate. “It really has had an impact on how we function,” health director-general Sandile Buthelezi said during a presentation in parliament on Thursday on the department’s 2023/24 annual report. The Treasury imposed unprecedented in-year budget cuts in the medium-term budget policy statement last November. These cuts were only partially reversed in this year’s February budget, leaving the sector’s budget set to shrink in real terms over the medium term. The DOH described to members of the portfolio committee on health how the budget cuts had affected hiring at national and provincial level, with far-reaching effects. The national DOH had 1,122 posts in the year under review, of which 24.1% stood empty. It was able to fill only 60 of the 101 posts it had identified as priority positions, said Buthelezi. At the provincial level, thousands of community health workers had not been replaced after their contracts ended or they resigned, hampering the provinces’ efforts to provide community outreach services. Budget constraints had led to the loss of about 18,000 posts over the past two to three years, said CFO Phaswa Mamogale. Read the full original of the report in the above regard by Tamar Kahn at BusinessLive (subscriber access only) Other internet posting(s) in this news category
Diwali closer to becoming SA public holiday Daily News report that the South African government has indicated that it would consider making Diwali Day a public holiday. In a formal response to the non-profit organisation Survival Centre in Phoenix, north of Durban, the Department of Home Affairs (DHA) said the request would be considered in terms of the Public Holidays Act of 1994. The administration of public holidays falls under DHA. In explaining the process before a day was declared a public holiday, the department said the decision needed the President’s decision, Cabinet approval and public participation as required by the Constitution. In its application to the DHA, the Survival Centre had questioned the government’s decision in making Easter Monday and Reconciliation Day formerly known as Boxing Day (26 December) public holidays. The Survival Centre argued that these holidays were meaningless and a waste that must be done away with and replaced by Diwali and Eid. Survival Centre leader Reverend Ethan Ramkuar said he had relentlessly pursued the matter and that the Hindu community was very excited with the department’s response. Diwali, also known as Deepavali, is a festival of lights celebrated by the Hindu community. It is the celebration of good triumphing over evil. To allow Hindu pupils to observe the day, the Department of Education has amended the matric timetable so that exams will not be written on Diwali. Read the full original of the report in the above regard by Willem Phungula at Daily News
Labour Court scolds Numsa for bringing application against BMW over medical aid fraud disciplinaries TimesLIVE reports that Labour Court acting judge Sean Snyman on Friday gave reasons as to why on 10 October he had dismissed a recent application by the National Union of Metalworkers of SA (Numsa) against BMW. One of the reasons was that Numsa deliberately designed its application against BMW to try to scupper the disciplinary proceedings the company had instituted against hundreds of workers, with the view to compelling BMW to negotiate some alternative resolution other than dismissing the union’s members. The company had begun disciplinary processes against 224 of about 500 workers who were being charged for fraudulent medical aid claims made against BMW’s Employee Medical Aid Society (Bemas). The disciplinary process relating to these charges commenced about a month previously and was still ongoing. Numsa sought to interdict BMW from proceeding with the disciplinary process against its members as well as order that it be afforded 14 days to make written representations relevant to some of its members. “Truth be told, this is an application that never should have been brought, especially not by a long standing and experienced trade union such as (Numsa),” Snyman stated on Friday. He noted that Numsa was in essence asking the court to micromanage internal disciplinary proceedings in an individual employer while such proceedings were still ongoing. “(Numsa) does this despite the plethora of authorities indicating that as a matter of principle, such kind of intervention is not appropriate and should be discouraged.” Snyman said it was not necessary for him to decide whether any of Numsa’s members had committed the misconduct concerned, or whether their dismissal would be justified or fair as that was “squarely the task” of the arbitrator in any ultimate unfair dismissal proceedings. Read the full original of the report in the above regard by Ernest Mabuza at TimesLIVE Read too, Numsa suffers blow in Labour Court amid BMW medical aid scheme fraud probe, at The Citizen
Former Transnet executive Herbert Msagala in court on corruption, theft charges TimesLIVE reports that the Johannesburg Specialised Commercial Crimes Court on Monday released former Transnet Group Capital (TGC) CEO Herbert Msagala on bail of R60,000 after his first appearance on charges of fraud, corruption, theft and money laundering. A National Prosecuting Authority spokesperson indicated: “The case stems from investigations conducted by the Special Investigating Unit into irregularities of five contracts worth over R160m that were awarded to IGS Consulting Engineering firm by TGC between May and August 2015 for the maintenance and upgrading of the high pressured pipe infrastructure that transported different fuel products from Durban to Gauteng.” The state alleges Msagala unduly benefited from IGS kickbacks worth more than R26m that he allegedly used to purchase various properties and vehicles. Msagala has been charged together with IGS and two other people who have yet to appear in court because their whereabouts are unknown. The case was postponed until 19 November 19 for the Hawks to trace the two suspects. In August 2021, the Special Tribunal ordered Msagala to pay back R26.4m after he was found guilty of disgorgement of secret profits while employed by TGC. Read the original of the short report in the above regard by Ernest Mabuza at TimesLIVE Joburg MMC Gwamanda's alleged funeral scam prompts mayor to push for implementation of step-aside policy IOL News reports that according to Johannesburg Mayor Dada Morero, the ANC's step-aside policy should be implemented in respect of the fraud accusations against his predecessor, Kabelo Gwamanda. The Al Jama-ah councillor in the city was reportedly arrested on Friday, but has since been released on bail following his suspected involvement in a funeral policy scam. Gwamanda is presently MMC for community development. The former mayor is accused of tricking gullible Soweto citizens into joining a funeral insurance scheme in which they were required to pay monthly premiums. According to reports, he ran the company from 2011 and left when policyholders tried to submit claims. In a statement, Dada said he was deeply concerned by Gwamanda’s arrest. He indicated further: “I wish to confirm that as a first step, I am meeting ClIr Kabelo Gwamanda tomorrow (Tuesday) to receive his counsel and official report. Consequently, as a deployee of the ANC in political office, we are guided by the ANC's position on similar matters and cannot and do not expect any less from our partners in government. We can duly confirm that the situation meets the minimum requirements for the step-aside rule to kick in.” Many, including ActionSA, have demanded that Gwamanda be removed from his position as MMC. Read the full original of the report in the above regard by Kamogelo Moichela at IOL News Boss who pocketed his employees’ TERS payout during Covid-19 receives hefty R450,000 fine IOL News reports that a company director, found guilty of defrauding the Covid-19 Temporary Employer Relief Scheme (TERS), has been fined R450,000. Luyanda Brian Vava, 34, and his business entity, Widelink Technologies, were convicted and sentenced by the East London Commercial Crimes Court on seven counts of fraud. The Directorate for Priority Crimes Investigation (Hawks) arrested Vava in April 2024, almost four years after the fraud. Hawks spokesperson Warrant-Officer Ndiphiwe Mhlakuvana explained that in 2020, during the Covid-19 lockdown, “Vava intentionally and unlawfully lodged a claim from Unemployed Insurance Fund (UIF) on behalf of his employees through his company.” A probe by the Hawks revealed that there was material misrepresentation was made in order to defraud the UIF. Mhlakuvana said TERS suffered an actual prejudice of R300,000 and the employees did not receive a cent of the money. On Friday, Vava was sentenced to pay a fine of R450,000 or to serve three years of imprisonment. The Hawks said his business entity was sentenced to also pay a fine of R450,000, which was wholly suspended for a period of three years. Vava was ordered to pay R5,000 immediately and then pay R10,000 each month starting on 31 October 2024.” Read the full original of the report in the above regard by Jolene Marriah-Maharaj at IOL News. Read too, Company director used documents of unemployed people and was paid R72,000 Covid-19 relief funds, at IOL News Other internet posting(s) in this news category
Western Cape Cop accused of assaulting 13-year-old boy with sjambok released on R2,000 bail IOL News reports that a Western Cape police officer accused of assaulting a 13-year-old boy with a sjambok has been released on R2,000 bail. Constable Jaco Justin Oktober of the Lutzville SA Police Service (SAPS) Detective Unit appeared in the Lutzville Magistrate’s Court on Monday. Police Investigative Directorate (IPID) spokesperson Phaladi Shuping said Oktober allegedly assaulted the boy by hitting him with a sjambok on his face, back and legs after the boy was arrested for alleged theft. Oktober was arrested on Friday and released on condition he did not go to Lutzville area, except when he was attending court, until the finalisation of the case. The matter was postponed to 29 October for further investigations. Earlier, the Daily Voice reported that angry residents called on the provincial police commissioner to intervene after it was found that the injured boy had been left in a holding cell for two days after the sjambok attack. Community leader Sarah Bakamela claimed that the boy was badly beaten all over his body and he was even hit in the eye. He was later taken to the hospital where the doctor wrote an extensive report. Read the full original of the report in the above regard by Sinenhlanhla Masilela at IOL News
Trial of KZN high school teacher facing six counts of rape of pupils postponed again News24 reports that next month will be the fourth time that trial dates will be set in the prosecution of a high school teacher facing six counts of rape in the Pinetown Magistrate's Court. The trial of the 55-year-old teacher was meant to begin on Monday and continue on Wednesday; however, it was postponed to 26 November for a new set of trial dates. The accused cannot be named until he pleads to the rape charges. On Monday, the accused's attorney was not in court and sent another attorney to stand in for him. Also, the magistrate meant to preside over the trial in Regional Court 4 was instead sitting in the Durban Magistrate's Court. The substitute magistrate postponed the matter and explained to the accused that new trial dates would be set next month. That will be the fourth time that trial dates have been set in the case. The charges against the accused relate to three pupils who claim they were sexually assaulted when they were 17. Following the accused's arrest in April 2022, he was granted bail of R5,000, with the condition that he should relocate from the jurisdiction of Pinetown. The accused is alleged to have performed sexual acts with the three pupils on the school premises in 2021. He had been employed at the high school since 2008. He also faces a charge of sexual grooming of children. Read the full original of the report in the above regard by Anelisa Kubheka at News24 (subscription or trial registration required)
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