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Monday, 29 April 2019 14:52

GroundUp reports that twenty-two former mine workers are claiming more than R80 million in damages from Sasol Coal after they contracted serious lung and other diseases as a result of years of inhaling coal dust while working in underground coal mines.

They are arguing that Sasol Coal was negligent in failing to take adequate care to maintain healthy working conditions underground, in violation of several health and safety laws. Even if it was not negligent, the miners say the company bears the liability of their ill-health and loss of income for being unable to work.

The miners are represented by Richard Spoor, the attorney who last year reached a R5 billion settlement with seven gold mining companies for miners afflicted with silicosis contracted after years of breathing silica dust in underground mines.

In papers before the High Court in Johannesburg, 12 of the 22 miners say they were dismissed from employment because they contracted lung-related illnesses which made them unable to continue working. They are claiming for the loss of income, aggravated by their inability to find alternative work due to age, illness, low educational levels and lack of qualifications.

The largest individual claim is R10.2 million and the smallest is just under R1 million.

“The plaintiffs have suffered permanent physical impairment. Such impairment includes shortness of breath, generalised weakness, chronic chest discomfort, tiredness and disturbed sleep,” states the miners’ particulars of claim before the court.

One of the principal hazards to which they were exposed was noxious coal dust that causes lung diseases such as coal workers’ pneumoconiosis (CWP) and chronic pulmonary disease (COPD). These diseases can lead to respiratory symptoms such as a persistent cough and shortness of breath, resulting in a reduced ability to perform physical tasks.

These can eventually develop into progressive massive fibrosis, which reduces life expectancy. If coal miners with CWP or COPD are further exposed to coal dust, the severity of the disease is likely to increase.

The miners argue that Sasol Coal should have known of these health hazards and through dust sampling and measurement should have been aware of the quantities of coal dust to which miners were exposed. Routine medical surveillance, if undertaken, would have established whether miners were at risk from the levels of dust in the underground mines.

In its reply, Sasol Coal argues that the matter has prescribed – meaning it is now too late to bring before the court. The Prescription Act requires such matters to be brought within three years of the alleged offence.

Summons was served on the company in April 2015, more than three years after most of the miners had left Sasol’s employ.

Sasol Coal’s court papers show several of the miners were dismissed for illegal strike action and some had received medical compensation once their conditions had been diagnosed. One of the miners has since passed away.

In other cases, workers’ medical conditions were deemed not severe enough for compensation. Some of the miners had previously worked at other mines,

The original of this report by Ciaran Ryan appeared on page 9 of The Citizen of 26 April

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Monday, 29 April 2019 14:33

The Citizen reports that labour unions that received large stakes in Iqbal Survé-linked Ayo Technology Solutions through a discounted Broad-Based Black Economic Empowerment (B-BBEE) consortium deal tried to influence the Public Investment Corporation’s (PIC) decision to invest in another company connected to him.

This came to light at the judicial inquiry probing impropriety at the PIC last week. Recently-reinstated company secretary Bongani Mathebula testified that various political formations and unions had e-mailed the PIC lobbying it to invest in Survé’s Sagarmatha Technologies.

Mathebula said they received letters from the Police and Prisons Civil Rights Union’s (Popcru) investment arm, PGC, the Federation of Unions of South Africa (Fedusa) and Cosatu’s investment company, Kopano ke Matla.

Mathebula said Fedusa’s letter was signed by suspended secretary-general Dennis George, Cosatu’s letter by Kopano CEO Steven Thebedi and Popcru’s by PGC head Zwilenkosi Mdletshe. Survé also e-mailed an attachment of Cosatu’s letter to former PIC CEO Dan Matjila, Mathebula said. A statement was also received from the Economic Freedom Fighters.

Matjila facilitates union interference

She said that on the eve of the meeting of the investment committee, which was considering the transaction, Matjila asked her to forward these e-mails to the committee to show support for the investment in Sagarmatha.

A December 2017 Ayo shareholder circular indicated that over 30 million shares were issued to a B-BBEE consortium at R1.50 per share.

The PIC controversially invested R4.3 billion in Ayo when it listed on the JSE in December 2017 at R43 per share. This bought it a 29% stake, despite the investment team raising red flags about the company’s business merit and its high valuation.

Popcru and Fedusa were named as among the consortium members. According to Ayo’s share register, the unions are among the top shareholders, with Difeme Holdings Group, in which George is the sole director, listed twice. Popcru Group holds 1.8 million shares and Cosatu’s Kopano has two million shares.

The PIC’s investment team had reservations about investing in Sagarmatha, which asked for a R3 billion cash injection from the PIC at R39.62 a share.

PIC general manager for listed equities Lebogang Molebatsi and portfolio manager Sunil Varghase previously testified that Sagarmatha’s listing price was too high and recommended the PIC subscribe at R7.06.

Both Ayo and Sagarmatha are associates of the Sekunjalo group which is ultimately controlled by Survé via a family trust. While the PIC was still considering the Sagarmatha investment, the JSE suspended the company’s listing as it did not comply with certain requirements.

Mathebula told the commission she believed outside interference of this nature would shock those whose money the PIC was supposed to invest responsibly.

She added tha it would also dishearten individuals and businesses whose funding applications were rejected “for lack of political lobbying enabled by the [chief executive]”.

The PIC manages over R2 trillion in assets, most of which is from government pensions.

The original of this report by Tebogo Tshwane appeared on page 28 of The Citizen of 26 April 2019

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Monday, 29 April 2019 14:15

The Star reports that a parliamentary committee has raised its concerns about the long delays in the ongoing disciplinary action taken against the institution’s secretary, Gengezi Mgidlana.

The joint standing committee on financial management of Parliament broke its silence on Mgidlana’s suspension in its “legacy report”, where it highlights work done between 2014 and 2019.

The committee, which is co-chaired by Dr Mathole Motshekga and Joel Mohai, said it had noted the suspension of Mgidlana after several allegations were levelled against him.

“The (committee) has also noted with grave concern the long delay in the finalisation of the disciplinary proceedings, and has serious concerns about the prolonged process, especially given the financial impact the long delays have had for the institution,” Motshekga and Mohai said.

Parliament initially granted Mgidlana special leave in June, 2017 while allegations levelled against him by the National Education Health and Allied Workers’ Union were investigated by an independent audit committee.

Mgidlana was only placed on suspension with benefits in November, 2017 after an independent audit committee completed an investigation into allegations of administrative irregularities against him.

At the centre of the allegations was that Mgidlana irregularly received an ex gratia payment of R71 000, improper allocation of a study bursary, improper travel management and irregular procurement of services.

Motshekga and Mohai said at the time of drafting the report that the disciplinary hearing was not finalised.

They recommended that the next Parliament be kept abreast of the disciplinary hearing and that it should be concluded as a matter of urgency.

In their report, Motshekga and Mohai observed that strained labour relations had characterised most of the term for the fifth Parliament.

They said they noted with concern the deterioration of relations between employees and the employer.

“While labour relations improved dramatically in the last two years of the fifth Parliament, the high number of resignations and the tragic passing of a senior manager in September point to a working environment that remains hostile.”

Motshekga and Mohai said Parliament’s administration should conduct a review of its labour relations and recommend ways in which the work environment could be improved.

“The matter should receive serious attention to ensure that the challenges experienced in the fifth Parliament are not repeated in the sixth.”

They also said the person hired by Parliament to manage labour relations and promote constructive relations between employees and employers should have the necessary skills and experience.

The committee also noted that the constituency offices were not adequately monitored.

“This has made it impossible to confirm whether the offices exist as indicated, where they exist and whether they are operational.”

They said the constituency offices, which were funded by Parliament, could be underused.

The original of this report by Mayibongwe Maqhina appeared on page 6 of The Star of 29 April 2019

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Wednesday, 24 April 2019 12:23

The Star reports that SA’s first and only female officer able to navigate a submarine, Lieutenant Gillian Malouw, is determined to progress in the combat branch to inspire others.

“The world is filled with naysayers and negativity, but no one can take away what you’ve learnt and no one can take away your dreams. If you truly want something, do everything in your power to make it happen,” Malouw told the Cape Times.

The 28-year-old said she was proud that she was able to accomplish what she had set out to do.

“For the first time in the history of our submarine service, we have a female in a leadership position and in line to command a submarine. It shows we are moving in the right direction.”

She joined the sea cadets when she was doing Grade 7 after her cousins had already been members for a while.

“The sea cadets help to nurture qualities such as leadership, discipline and overall confidence. We were taught about the navy and other careers in the maritime industry. I enjoyed it too, met lifelong friends, and was a member until I completed Grade 12,” she said.

“I made the decision to join the navy in Grade 9, when my cousin (Lieutenant-Commander Nsibande) joined. I felt motivated and inspired when she left Port Elizabeth for Simon’s Town all on her own, and thought I could do it too. I loved the idea of a career at sea and I wanted to wear the uniform.

“I started doing research about career paths to follow in the navy when I was in Grade 10. The descriptions about combat officers seemed the most exciting and I decided that I would go for it. I started applying in my matric year (2008), and was accepted to start basic military training in January 2010,” said Malouw.

She described her job as an officer of the watch at sea as interesting.

“This means that when I am on watch, I am accountable to the Officer Commanding for the safety of the boat in all aspects,” she said.

The original of Gillian Malouw’s report on this story appeared on page 7 of The Star of 23 April 2019

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Tuesday, 23 April 2019 12:24

The Sunday Independent writes that Sibanye-Stillwater’s South African gold operations, battered by a five-month strike by Association of Mineworkers and Construction Union (Amcu) members, might have to lay off nearly 7,000 workers in a restructuring.

Sibanye senior vice-president of investor relations James Wellsted said this week that a three-month process for the start of negotiations with trade unions about the proposed restructuring of the gold operations had begun.

Potentially, 5800 employees and 800 contract workers might be laid off.

“We need the co-operation of all stakeholders on this one,” he said.

He said an agreement reached with unions at Beatrix gold mine’s No4 Shaft in 2013 had minimised job losses and kept the shaft operational.

Wellsted said the restructuring had been necessitated by factors that affected the mining industry’s cost structures, including high electricity tariff increases, blackouts, strike action and above-inflation wage increases.

The rise in platinum group metals prices had been not enough to offset the cost increases and companies such as Impala Platinum were in restructuring negotiations that might involve the lay-off of 13000 employees, while Lonmin (which was merging with Sibanye) was no longer able to finance the development of new projects.

The five-month strike by Amcu at Sibanye-stillwater’s South African gold operations, which had left nine people dead, ended on Wednesday.

About 14000 Amcu members at Sibanye’s Driefontein, Kloof and Beatrix mines had demanded R1000 wage increments for the next three years, while the National Union of Mineworkers, Solidarity and the United Association of SA had accepted a raise of R750 a year for three years from July 1, 2018 to June 30, 2021.

Amcu ultimately agreed to the same deal as the three other unions, as well as a R4000 cash or voucher payment and an optional R5000 soft loan to employees, to be repaid over a year.

The union had also agreed to developing a plan to ensure a safe start and ramp-up of production post-strike.

Amcu president Joseph Mathunjwa said capitalism was brutal and the mineworkers could one day tell their children with pride that they had contributed towards a revolution by giving five months’ salary towards removing the legacy of exploitation.

Mathunjwa said the agreement had set up a good platform for negotiations on the restructuring and prevention of job losses.

Earnings before interest, tax, depreciation and amortisation (Ebitda) at Sibanye’s gold operations fell by 75percent to R1.36billion last year, partly because of the strike in the second half, with gold mining contributing only 16percent to group Ebitda, against half the year before.

The restructuring plan follows long-declining production in the mining industry. Statistics SA data this week showed that mining production slid in February to -7.5% year-on-year, from -3.3% a year ago.

Gold production volumes had been depressed for 16 months.

Momentum Investments economic analyst Roberta Noise said the end of the strike might lift gold mining production in the short term, as would the fact that the latest iteration of the Mining Charter was “receiving some good reviews”, but there was still an operational risk of an inadequate electricity supply.

The original of this report by Edward West appeared on page 18 of The Sunday Independent of 21 April 2019

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