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 morning roundup, see
summaries of our selection of recent South
African labour-related reports.
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NUM faces asset seizure by SARS due to R7 million income tax debt City Press reports that the SA Revenue Service (SARS) is aiming to recoup more than R7 million from the National Union of Mineworkers (NUM), potentially through a court order to sell the union’s assets, due to its alleged failure to pay income taxes. A final letter of demand has been sent to the trade union, cautioning that civil court action would be pursued if it failed to comply with an obligation for payment within 10 business days. The letter makes it clear that, should the union fail to comply, the revenue collector would take legal action. It further reads: “Failure to make full payment or use the above remedies may result in the following actions and possibly others: SARS may appoint any third party who presently or in the future will owe you money or hold money for you to settle your tax debt with this money. A civil judgment being entered against you in which case a warrant of execution may be issued for the Sheriff of the Court to attach and sell your assets.” The letter of demand from SARS indicates that the NUM may within five business days from the date of receipt thereof apply to SARS for a reduction of the amount to be paid to SARS based on serious financial hardship. The NUM’s first leader was President Cyril Ramaphosa, under whom it grew rapidly, winning bargaining recognition from the Chamber of Mines in 1983. Read the full original of the report in the above regard by Mduduzi Nonyane at City Press (subscriber access only)
Police officer wounded in shoot-out with armed robbers on Tuesday at Clearwater Mall TimesLIVE reports that a police officer was wounded in a shoot-out with robbers at Clearwater Mall, Johannesburg, on Tuesday afternoon. The Honeydew CPF reported that the officer was in a stable condition and had been taken to hospital. According to the CPF, police and security companies were responding to a robbery when the suspects started shooting at them, leaving one officer wounded. The CPF said multiple suspects had been arrested, but police have not yet confirmed the details. Earlier, TimesLIVE reported that a gang of armed robbers made off with an undisclosed amount of jewellery during a robbery. Shoppers posted frantic messages on X, asking for help and reporting that the robbers had fired several shots. The CPF sent a message to community WhatsApp groups asking persons to avoid going to the mall and the roads leading to it. Read the original of the short report in the above regard at TimesLIVE. Read too, Seven alleged jewellery thieves arrested, firearms seized after shootout near Clearwater Mall, at News24 (subscription or trial registration required) New JMPD unit to escort health inspectors to conduct inspections of Soweto spaza shops News24 writes that because the City of Johannesburg’s health inspectors feared for their safety, the mushrooming of non-compliant spaza shops in Soweto could not have been prevented. According to former Member of the Mayoral Committee (MMC) for Community Safety, David Tembe, now a strategic advisor to MMC Mgcini Tshwaku, in Soweto alone, 33 health inspectors have needed security to inspect scores of spaza shops. Tembe said inspectors were afraid to do their work because of violent threats. However, the City is soon expected to launch a Johannesburg Metro Police Department (JMPD) unit to accompany inspectors. Tembe elaborated: "Our inspectors were threatened or violently intimidated when they attempted to inspect spaza shops. We are going to deploy four officers to escort at least two inspectors. Again, during those inspections, we will rope in SARS to ensure those spaza shops are compliant. Our new JMPD unit will be tasked to implement by-laws across the city." MMC Dr Mgcini Tshwaku, Tembe and the City’s Health and Safety Department recently led an inspection at the Devland Cash & Carry in Soweto and found that the shop was not fire safety compliant. The shop was given seven days to have a compliant fire plan. Packets of chicken meat were found no expiry stamps. According to Tshwaku, food was on the floor, which was not allowed, and the shop was fined R1,500. The shop was also fined R2,500 for keeping cats inside the premises. Read the full original of the report in the above regard by Ntwaagae Seleka at News24 (subscription or trial registration required)
BELA protest march to continue on 5 November despite Freedom Park refusing entry Maroela Media reports that Freedom Park has rejected the application of Afrikaans organisations for a protest march against the BELA Act, which is planned for 5 November. In response, the Solidarity Movement has turned to the Minister of Sport, Art and Culture, Gayton McKenzie, and has called on him to intervene to get Freedom Park to reconsider its decision urgently. The action is designed to protest against Sections 5 and 6 of the Basic Education Laws Amendment Act of 2024 (BELA Act), which relate to decision-making powers over schools’ admission and language policies. President Cyril Ramaphosa granted three months for further discussions about these articles. Meanwhile, at least 50 Afrikaans organisations and more than 70 schools adopted a resolution at the BELA Action Summit held on 10 October and agreed upon a day of protest and a protest march to show the Afrikaans community’s opposition to the two articles. On 14 October, AfriForum sent a letter to the CEO of Freedom Park, Dr Jane Mufamadi, and officially requested that access to the site be granted to the protesters as the march’s destination. Mufamadi replied that after “careful consideration” permission could not be given for the request since “Freedom Park is not mandated to deal with requests of this nature.” The Solidarity Movement has instructed its legal team to start legal proceedings and, in addition to the request to McKenzie, to investigate all possible remedies for the approval of the protest action. Meanwhile, the Solidarity Movement, AfriForum, Solidarity, the Solidarity School Support Centre (SOS) and numerous other Afrikaans institutions intend to continue with plans to hold the march and, if necessary, to lead the procession to the entrance of Freedom Park. Read the full original of the above report in Afrikaans by Jana Smit at Maroela Media
Higher education department slams Educor for 'misleading' claim that registration has been fully restored Fin24 reports that the Department of Higher Education and Training (DHET) has denied fully reinstating the registration of Educor, after the private education group issued a statement saying its registration would be "fully reinstated". The DHET advised in a statement: "Educor's statement misleadingly suggests that it has been fully reinstated without conditions, which is not the case … The department wishes to clarify that Educor's statement contains significant omissions regarding the nature of their reinstatement." Last week, Educor's Michael Thurley reported that Educor officials had met with senior DHET officials at a "groundbreaking" meeting in September. He claimed that, at the meeting, it was "resolved that all Educor institutions be fully reinstated with no administrative preconditions, beyond monthly monitoring requirements whereby the institutions submit ongoing reports for six months". The Educor statement made no mention of the term "provisional". It followed months of bad press about abrupt campus closures, dismissed staff seeking back pay, and "lost" students trying to get answers from Educor. In September, DHET Minister Dr Nobuhle Nkabane did provisionally reinstate Educor's registration, but with specific conditions, including the submission of ongoing reports over six months. Educor – which includes private colleges such as City Varsity, ICESA City Campus, Lyceum College, and Damelin – was deregistered by former DHET Minister Blade Nzimande in March. In August, Educor's registration was provisionally reinstated by Nkabane on "purely humanitarian grounds". Read the full original of the report in the above regard by Jan Cronje at Fin24 (subscription or trial registration required)
Police probe alleged fraud at BMW’s medical aid, amid disciplinary steps taken against 25% of Rosslyn workforce BL Premium reports that car manufacturer BMW says it has taken steps to ensure that production at its Rosslyn plant in Pretoria is not affected by disciplinary steps it has taken against 25% of its workforce on suspicion they defrauded the group’s medical aid scheme. The matter has also attracted the attention of law enforcement. The Rosslyn plant has about 2,000 workers and the company has taken disciplinary action against more than 500 of them. The company advised: “In the event of the ongoing fraud investigation with BMW Employees Medical Aid Scheme (Bemas), BMW Group SA does not tolerate any acts of bribery, fraud or corruption by its employees. As the investigation is ongoing, we cannot disclose any further details. We are fully co-operating with law enforcement and conducting a thorough internal investigation to ensure that all relevant actions are taken.” Fraudulent activity in respect of Bemas claims was picked up by the scheme’s administrator, Discovery Health, which found that the fraudulent claims involved specific medical practitioners in conjunction with the employees of BMW who were the members of Bemas. The employees’ union, the National Union of Metalworkers of SA (Numsa), last week tried unsuccessfully to have the disciplinary proceedings against its members interdicted on various technical grounds. About 20 employees have already been dismissed. Read the full original of the report in the above regard by Kabelo Khumalo at BusinessLive (subscriber access only) More than 50% of unhappy medical scheme members win their cases referred to regulator SmartAboutMoney reports that about 2,000 medical scheme members complained about denied claims and other medical scheme issues last year and the Council for Medical Schemes (CHS) found in favour of more than 50% of the complainants. This resulted in many members' claims being paid, or paid more fully. But many other members' complaints were dismissed because the council found that their schemes had applied scheme rules correctly. In such cases, members often did not know or understand the benefits their schemes provided. The council's latest annual report for 2023/24 shows that while many claims were paid, substantial sums were paid from members' pockets. The CMS noted "a gap in beneficiaries' understanding of commonly used concepts in the medical scheme industry" such as pre-authorisation, treatment protocols, formulary, and scheme tariffs. This was particularly noticeable in open schemes, which were responsible for nearly three quarters of all the complaints. The council dealt with more than 500 complaints about prescribed minimum benefits (PMBs), which schemes are obliged by law to provide. The largest category of complaints was those the council classified as administrative. The council dealt with more than 1,000 complaints relating to the payment of benefits, pre-authorisation, customer service, medical savings accounts, contributions and benefit option changes. The CMS noted a concerning increase in complaints where medical schemes failed to address member queries timeously, resulting in those matters being escalated to the council. It also said schemes failed to inform members of their internal dispute resolution committees and clinical appeal processes. Read the full original of the report in the above regard by Laura du Preez at Fin24 (subscription or trial registration required)
Employee who was fired for running a loan shark business at work, loses Labour Court appeal IOL News reports that a former Free State National Botanical Gardens employee, who was fired for operating a loan shark business at work, has lost his appeal at the Labour Court to get his job back. Monapole Daniel Kaweng worked as a specialist machine operator and was also a shop steward before he was found guilty of engaging in an unlawful money-lending scheme at work. Kaweng was dismissed in August 2021. Unhappy with the dismissal, he took the matter to the Commission for Conciliation Mediation and Arbitration (CCMA), where he claimed he had been involved in a stokvel, and not an unlawful money-lending scheme. However, his version that he was a member of a stokvel was rejected and the CCMA found that the sanction of dismissal was appropriate. Kaweng took the matter to the Labour Court in Johannesburg on appeal. Acting Judge Myburgh reflected on Kaweng’s evidence. “For the duration of 2017, the applicant (Kaweng) participated in the money-lending scheme at work with fellow employees (and) apparently charged exorbitant interest rates … Although it might be considered harsh, a decision to the effect that this constituted serious misconduct warranting dismissal, nevertheless, falls within a range of reasonableness and is thus not reviewable,” said the judge. Based on his participation on the money-lending scheme, Kaweng’s application was dismissed. Read the full original of the report in the above regard by Sinenhlanhla Masilela at IOL News
Joburg MMC and former mayor Kabelo Gwamanda placed on special leave amid fraud charges The Citizen reports that former Johannesburg mayor Kabelo Gwamanda, who is presently the community development MMC, has been placed on special leave. Gwamanda was arrested last week over fraud allegations linked to a defunct investment and funeral insurance company he ran in Soweto. On Tuesday morning, Gwamanda was summoned to Mayor Dada Morero’s office to explain the allegations against him. The matter has also been reported to Council’s ethics committee. Morero advised: “The severity of these allegations demands a proactive response to protect the integrity of the Office of the Executive Mayor. In line with the city’s commitment to integrity, good governance, and accountability, I have decided to place MMC Gwamanda on special leave, effective immediately, and relieve him of all his executive duties.” Two sources close to the situation said coalition partners were not consulted on the mayor’s move. Morero will be appointing an acting MMC for community development during Gwamanda’s special leave. Gwamanda’s party, Al Jama-ah, has defended him, saying there was a plot against the former mayor. It is not clear when Gwamanda will appear in court over the allegations. He is currently out on bail. Read the full original of the report in the above regard by Itumeleng Mafisa at The Citizen Former SGB treasurer and clerk in court over food money stolen from North West primary school TimesLIVE reports that a former treasurer of a school governing body (SGB) and a former administrative clerk appeared in court on Tuesday for allegedly stealing the nutrition funds of a North West primary school. Former SGB treasurer Mary Ntombi Mielies, 36, and Masilonyana Kenneth Selebalo, 51, a former administrative clerk at Thakadu Primary School, appeared in the Leeudoringstad Magistrate's Court on Tuesday, charged with 88 counts of theft. According to a Hawks spokesperson, the pair was arrested on Tuesday morning in Leeudoringstad by members of the Klerksdorp-based serious commercial crime investigation unit after an investigation into allegations of theft of national school nutrition programme funds. The duo was entrusted with managing the funds received from the North West department of education for the nutrition programme. Their duties included ensuring that service providers were paid for delivering groceries. In February 2023, one service provider lodged a complaint with the school after not being paid in full for groceries as delivered. An investigation revealed that between 2021 and 2023, Mielies transferred money from the school's bank account, amounting to more than R350,000,00 into her bank account. In turn, she transferred more than R174,000 from her bank account into Selebalo's bank account. The two accused made a brief court appearance and were granted R5,000 bail each. The matter was postponed to 24 January. Read the original of the report in the above regard at TimesLIVE
It was an honest mistake, says Cato Manor cop about bank card found on him after deadly carjacking News4 reports that according to a Cato Manor police officer, he took a bank card from a vehicle that had been carjacked because he mistook it for his own and it is his intention to pay back the money he withdrew with the card. Minenhle Joshua Makhaye was arrested after being captured on CCTV footage using the bank card belonging to the parents of Zarah Ramsamy, 11, who died during a carjacking in Malvern last month. Zarah was killed while hiding from gunmen under the family's car. When the car was recovered in Cato Manor, Makhaye was instructed to drive it to Malvern and that was when he allegedly stole the card. During his bail application in the Durban Magistrate's Court on Tuesday, his attorney, Zolani Duma, read out Makhaye's affidavit, in which he stated: "It was an honest mistake. I had mistaken the card for my own. I realised it was not mine when I didn't get a cellphone notification when I used the card. I intend to pay the money back.” Detective Warrant Officer Sivan Naidoo of the Hawks testified on Tuesday that 272 bank cards were found in a red box in Makhaye's room on the day he was arrested. Ten of the cards have been verified as Capitec cards that were taken from Bridge City Mall in Ntuzuma during the 2021 looting in KwaZulu-Natal. Makhaye was also found with a number plate, five cellphones and a police radio that did not belong to him. Duma indicated to the court that Makhaye denied the allegations levelled against him by the State and intended to plead not guilty. The bail application will continue on Monday. Read the full original of the report in the above regard by Anelisa Kubheka at News24 (subscription or trial registration required) Tshwane police officer sentenced and fined for high-speed crash that killed pedestrian IOL News reports that a police officer based in Tshwane has been sentenced in the Soshanguve Magistrate’s Court for culpable homicide. The police officer, Warrant Officer Jacob Makana stationed at the Weidarbrug police station, was convicted for the death of a civilian in 2021. Spokesperson for the Independent Police Investigative Directorate (Ipid) Phaladi Shuping said the incident took place on 27 March 2021. “On the day of the incident, it is alleged that Warrant Officer Jacob Makana lost control of his vehicle as he was driving at a high speed and struck a female civilian, Akhona Gxuluwe, who was walking on the side of the road. Unfortunately, she died from injuries she sustained in the accident,” Shuping advised. The officer pleaded guilty to culpable homicide and was sentenced to seven years’ imprisonment, of which the court suspended five years provided he was not found guilty of a similar offence during the period of suspension. The court further ordered the police officer to pay R150,000 to the mother of the victim as compensation. He was also ordered to take out a policy for the minor child of the victim and pay the monthly contributions. The police officer’s driver’s license was suspended for a period of six months as per the National Road Traffic Act. Read the full original of the report in the above regard by Robin-Lee Francke at IOL News. Lees ook, AA vies oor blouligbrigade se ‘skandelike’ padgedrag, by Maroela Media
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