Category: Crime & Corruption News

No company should ever think it can operate in South Africa and not comply with the labour laws that have been designed to protect both workers and employers.

This was a warning from the Minister of Employment and Labour, Thulas Nxesi, issued after the conclusion of a trial of a company that was fined for being in breach of the labour laws and disregarded COVID-19 pandemic regulations.

The Chen Lu Fragrance Company appeared in the Durban Specialised Criminal Court last Thursday for various charges, including locking in 14 employees in the Durban factory, to ensure that they met the target of producing surgical masks.

The company was accused of using the lockdown fears of unemployment to force workers into long hours and was fined R20 000, of which R15 000 was suspended for five years.

The company was also fined R50 000, of which R35 000 was suspended for five years, for failure to trade under lockdown with a required licence.

The company was further ordered by the Chinese Consulate to donate masks worth R200 000 to the South African Police Service and the office of the KwaZulu-Natal Premier.

Nxesi welcomed the court’s heavy fine against the company, noting that during this time of COVID-19, it is important for the workers to stand up for their rights and report abuse, as workers in Chen Lu Fragrances CC did.

“Our Inspection and Enforcement Services does a good service but working hand in hand with workers, it is possible to end workplace exploitation. We appeal to workers to report abusive behaviour at work.

“The operations of the company were in direct conflict with the COVID-19 regulations. They did not even provide for physical distancing and thus put lives of many workers and their extended families at risk,” Nxesi said.

Over 1 000 claims received from Compensation Fund

The Minister said the department is also aware that there are companies that have taken advantage of the emergency nature of work during the pandemic, and are using it as an excuse to exploit workers.

“Every day the Compensation Fund is receiving claims of workers, who have contracted the virus for being exposed at work. A total of 1 215 claims have been received so far and it is actions of companies like this that expose workers to fatal dangers of the pandemic.

“At least 98 claims have been received from KwaZulu-Natal and it is our plea that companies need to do right by their employees who remain their most valuable asset and not expose them unnecessarily to danger,” the Minister said.

Home Affairs Minister Dr Aaron Motsoaledi, has welcomed the arrest of a former departmental employee who appeared in court on charges of fraud and corruption.

Kedibone Serumula, a former administrative clerk in Lephalale, Limpopo, was arrested on 30 June 2020.

The arrest followed police investigations into allegations that she, alongside another suspect, assisted in fraudulently registering a child using the details of another person.

Further investigation revealed Serumula also allegedly received R4 500 from the same suspect on a different occasion.

She appeared at the Lephalale Magistrates Court and was released on a R3 000 bail.

Serumula who resigned in 2016, is scheduled to reappear in court on 13 August 2020.

In a statement on Monday, Motsoaledi commended the police for their dedication in ensuring that perpetrators are brought to book.

“I won’t allow corruption and malfeasance in the Department of Home Affairs to rob citizens and other qualifying people access to important enabling documents. Corruption and malfeasance strip-off the dignity of our citizens because they end up being unable to access other government services,”” Motsoaledi said.

Justice said the Minister is being served despite Serumula’s resignation.

“This case pleases me because it shows that the long arm of the law will follow you for crimes committed while in the employ of the Department long after you have left. I commend the police for their dedication in ensuring that the perpetrators are brought to book,” said Motsoaledi.

The Minister encouraged anyone who may have any information on such corrupt activities or any other criminal activities to contact the South African Police Service.

People with information can also contact the National Anti-Corruption Hotline on 0800 701 701 and the Home Affairs Counter Corruption Unit on 012 406 4318.

The Mpumalanga Department of Education has directed the Nkangala District Director to immediately suspend a teacher from Silamba Secondary School in KwaMhlanga for allegedly assaulting two women.

The teacher was caught on a video that went viral on social media, allegedly assaulting two women.

Mpumalanga MEC for Education, Bonakele Majuba, said the department is of the view that a person who displays such bad conduct is not fit to stand in front of children to teach, hence the instruction to suspend him, while awaiting the South African Police Service to investigate his case.

Majuba said the department will also write to the South African Council for Educators to request them to institute an investigation into the teacher’s conduct and to advise on the course of action to be taken against him.

“This is really bad conduct, especially at a time when the nation is inundated by acts of gender-based violence and the murder of women and children. The President of the country has stated categorically that all South Africans need to join hands to fight the scourge of gender-based violence (GBV).

“Ordinarily, teachers are leaders of society and are expected to teach our communities about the negative impact of violence and GBV in particular, and lead by example in this national agenda at all times. To suggest that we are disappointed by the conduct of this teacher will be an understatement, as we are really appalled by this behaviour,” Majuba said.

He said the department is glad that the police have apprehended the said teacher.

“We await justice to take its course.”

Basic Education Minister Angie Motshekga says almost all provinces are currently doing repairs to schools that were vandalised during the national lockdown.

Briefing the media on Sunday on the state of readiness for the return to school of the second group of grades, Motshekga said a total of 1 718 schools across the country are currently undergoing major repairs following a spike of burglaries and vandalism during the lockdown.

“In Gauteng alone, 351 schools have been affected by vandalism. Six were vandalised just this week, and these are burglaries taking place at schools previously targeted.

“In the North West, a school was torched this week, resulting in three classrooms being damaged.  The province reports that burning tyres were used to set the school on fire,” Motshekga said.

The Minister said the vandalism of schools is a serious setback to the communities affected by these barbaric acts, which cause so much damage to the department’s infrastructure.

“What is disturbing though, is that the criminals continue to cause havoc in our schools,” Motshekga said.

Only Grades R, 6 and 11 returned to schools on Monday, following an agreement by the Council of Education Ministers (CEM).

The CEM also noted that provinces may be at different levels of readiness for the return of Grade R learners, and agreed that provinces that are not ready to receive Grade R on Monday must provide strategic and realisable plans for ensuring the reincorporation of Grade R learners to schools within, but not later than the end of July 2020.

However, Motshekga said the provinces that are ready to receive Grade R learners on Monday can proceed to receive those learners.

“What is critically important is that all Grade R and pre-Grade R learners, who have already returned to schools, must remain in schools. Schools that meet the health, safety and social distancing protocols can reopen for their Grade R and pre-Grade R learners,” Motshekga said.

Water tanks delivered to additional 2 000 schools

Motshekga reported that to date, water tanks have been delivered to an additional 2 175 schools.

“In total, Rand Water assisted with filling on-site storage tanks at 3 380 schools. It is important to note that over and above the Rand Water contribution, there are several other water boards and municipalities working hard to ensure sustainable water supply and appropriate sanitation at our schools,” Motshekga said.

When the department started the discussion on the reopening of schools, Motshekga said the provincial education departments identified about 3 500 schools with water supply challenges.

She said municipalities came on board as part of the cooperation between the Department of Basic Education, Cooperative Governance and Traditional Affairs, South African Local Government Association, and Municipal Infrastructure Support Agent.

“Some schools had existing on-site storage tanks, and just required assistance with filling them up with water.  There were, however, several schools that did not have on-site storage tanks.  Rand Water, contracted by the department, assisted with the procurement and delivery of additional on-site storage tanks and water supply,” the Minister said.

On sanitation, Motshekga said all 910 schools in the Eastern Cape and 453 schools in Limpopo requiring proper sanitation, have received proper sanitation.

Learner support interventions

Meanwhile, Motshekga said to mitigate the resultant challenges of COVID-19, the department continues to provide support to learners at home with a variety of platforms, including radio, television, online and in school.

“We have 197 sites that are zero-rated, and have good curriculum content that can be accessed, whether one has data or not. These interventions are part of the department’s effort to ensure unlimited access to content for learning during this time,” Motshekga said.

Motshekga expressed her appreciation and sincere gratitude to the Department of Communication and Digital Technologies for the continued supported in this regard.

The list of zero-rated is available on the Department of Basic Education home page www.education.gov.za.

Motshekga emphasised that the lessons learnt from COVID-19 must be strategically used to plan for the future.

“We must strive to bring forward some of the strategic plans under development, for implementation.  All of this should be done during our term of office,” the Minister said.

She said strategic plans on the improvement of school infrastructure, including the general maintenance of schools, the provision and sustenance of water and proper sanitation, and plans for the roll-out of Information and Communications Technology, must be brought forward and fast-tracked to finality.

“As South Africans, we have agreed that education is a societal matter.  We therefore have an obligation to turn these noble words into tangible action.”

The Public Service Commission (PSC) has welcomed Public Service and Administration Minister Senzo Mchunu’s decision to take action against 1 544 public servants, who were involved in doing business with the State.

Public servants are not allowed to do business with the State.

The actions of the Minister are compliant with the Public Administration Management Act No. 11, 2014 (PAMA), which was enacted based on recommendations from the PSC.

“The Minister’s decision will ensure that there are consequences for wrongdoing. If found guilty, a public servant can serve a jail term for conducting business with the State.

“This will go a long way in ensuring adherence to the law and preventing public servants from conducting business with the State. This Minister’s action affirms the supremacy of the Constitution and the rule of law in our country. This proves that no one is above the law and transgressors will be punished,” says Public Service Commission in a statement.

The PSC has commenced with the scrutiny of financial disclosures of senior managers to check if there are cases of potential or actual conflicts of interests. Amongst the issues that the PSC will be scrutinising is conducting business with the State.

Employment and Labour Minister Thulas Nxesi has welcomed the weekend arrests of suspects, who are accused of being part of the enterprise that scammed R5.7 million from the Unemployment Insurance Fund (UIF).

The money was meant as relief for workers during the lockdown.

The suspects are expected to appear in court today. They were arrested by the South African Police Service’s Directorate for Priority Crime Investigation, known as the Hawks.

“We welcome the swift action by the members of the law enforcement agencies in apprehending the people, who are suspected of having defrauded their employer and the UIF when they allegedly changed the banking details into which the relief money was supposed to be paid.

“As we have indicated before, we will follow every cent that we have spent during this period. Working together with our internal auditors, the office of the Auditor-General and our contracted forensic auditors, as well as the law enforcement agencies, we are putting those who thought that the UIF was their source for easy money on notice. You will be found and you will be prosecuted,” Nxesi said.

The National Prosecuting Authority’s Asset Forfeiture Unit had already frozen the funds after it applied for an order from the High Court.

Government has condemned a social media poster that seeks to sow discord among citizens and foreign nationals in South Africa.

“Government strongly condemns the violence that is mooted and calls on all South Africans to desist from any actions that go against the laws of the country,” Government Communication and Information System Director-General, Phumla Williams, said.

Williams said such posters go against the spirit of social cohesion.

“The intention goes against the spirit of social cohesion and attempts to regress the gains we have made as a country. All South Africans should champion a peaceful co-existence and good relations with all who live in South Africa.”

Government has called on law enforcement agencies to take the necessary action against those responsible.

“Any attack on property and foreign-owned business are not reflective of who we are as a country and violates the values that we embody. South Africa is a constitutional democracy, which is governed by the laws of the country,” Williams said.

The Director-General said South Africa forms an integral part of the African continent.

“In addition to our commitments on the continent, South Africa is also a signatory to the Geneva Protocol on Refugees and remains committed to protecting all foreign nationals in the country. Criminal activity will not be tolerated, as such acts impact negatively on the country’s economy and image,” Williams said.

The Competition Tribunal has been clamping down on companies that have been hiking prices of sanitisers and masks since the COVID-19 outbreak.

On Friday, the Tribunal said it had confirmed two consent agreements relating to COVID-19 exorbitant pricing complaints, bringing the total to 20 since April.

“All of these agreements relate to the alleged excessive pricing of goods, such as sanitisers and face masks, used by consumers in the context of the COVID-19 pandemic,” the Tribunal said.

After investigating complaints from the public, the Tribunal found a Bloemfontein based company, Vasilis Supermarket T/A Vasilis Cleaning Supplies, has contravened the Competition Act.

The store sells products online for nationwide distribution and does not manufacture its products but sources these locally and internationally, the Tribunal said.

The Tribunal received information about the alleged excessive prices charged by Vasilis for different types of surgical gloves, surgical masks and dust masks.

“The Commission concluded that Vasili’s conduct of significantly escalating margins on surgical gloves and face masks without any corresponding increases in costs during the period February to April 2020, is a contravention of section 8(1)(a) of the Competition Act read together with Regulation 4 of the Consumer Protection Regulations,” the statement said.

Vasilis does not admit that its conduct constitutes a contravention of the Competition Act.

However, they have agreed to desist from pricing excessively by reducing its gross profit margins applicable to the sale of surgical gloves and facemasks to an agreed maximum percentage with immediate effect for the duration of the State of National Disaster.

The company says it will also donate essential goods amounting to R243 148.70 to three charities, Mangaung Society for Care of the Aged, Boiketlong Old Age Home and the Hearts2Hand Foundation.

The company will also contribute R44 128.51 to the Solidarity Fund and develop and implement a competition law compliance programme.

Meanwhile, Sanitech, a division of Waco Africa, has also been accused of inflating prices.

Sanitech is a supplier of sanitation facilities and offers professional washroom hygiene services through several branches nationwide.

“The Commission accuses the company of charging excessive prices for five-litre hand sanitisers during March and April 2020,” the Tribunal said.

In addition, while the company does not admit to any wrongdoing, Sanitech agrees to resolve the complaint through several remedies set out in the consent agreement.

Sanitech has also agreed to donate R65 028 to the Solidarity Fund; stop the excessive pricing; reduce its gross profit margin on hand sanitisers for the duration of the State of National Disaster.

They will also develop and implement a competition law compliance programme.

Chairperson of the Portfolio Committee on Police, Tina Joemat-Pettersson, has called for the suspension of law enforcement officers involved in the eviction of a naked man in Khayelitsha, Cape Town, with immediate effect.

This comes after a video was circulated on social media of a naked man in Thembeni informal settlement being evicted by the City of Cape Town’s law enforcement officers.

“We insist that these individuals be suspended with immediate effect,” Joemat-Pettersson said.

The Portfolio Committee on Police has denounced the law enforcement officers’ actions, saying they were “appalling and unwarranted”.

“Law enforcement officers have a mandate to protect and serve, and this mandate was undermined in this instance. Their actions are unacceptable and run contrary to the spirit of their work [and] their actions are not in keeping with the Constitution and the Police Act, which governs the work of the police at municipal level,” Joemat-Pettersson said.

She said the actions by the law enforcement officers are in gross violation of the man’s right to human dignity, which is enshrined in the Constitution.

She said their actions are even more shameful, especially in the context of the implementation of the State of National Disaster, which prohibits evictions.

“The police officers did not allow the man to get dressed at all and seemed intent on publicly humiliating him. That is not in their job description and we want to encourage the victim to lay a charge against the City Law Enforcement officers and their managers. We cannot allow law enforcement officials to act as a gang against the citizens of our country,” said Joemat-Pettersson.

While Joemat-Pettersson understands the need to enforce by-laws, however, “that should be done within the ambit of the law at all times”.

Joemat-Pettersson said she has summoned the leadership of the City of Cape Town’s Municipal Police Services to give an account of what transpired.

She said the meeting with the leadership of the City of Cape Town’s City Police is to understand the legality of the actions and the orders under which the officers were acting.

“The meeting is primarily intended to ensure accountability and transparency by the City of Cape Town’s Municipal Police Services, in accordance with the principles of the Constitution,” Joemat-Pettersson said.

The committee also noted that the City of Cape Town proceeds with inhumane evictions in the middle of winter, despite the call by the Minister of Human Settlements, Water and Sanitation, Lindiwe Sisulu, when she was in Cape Town recently to stop evictions.

“The City Police are not a law unto themselves and must be held to account. There is no private police force in the country and the municipal police conduct in this regard is shocking,” Joemat-Pettersson said.

She has since requested the Independent Police Investigative Directorate to investigate the incident, and to hold any officer and the senior management involved in the incident accountable.

Sisulu has also condemned the incident and called on the Western Cape government to urgently get to the bottom of the incident, and to hold accountable those implicated for their deplorable actions.

“While we are yet to be appraised of the exact details of what led to what we have seen on various media platforms, we wish to condemn with the strongest terms an act which sought to degrade an individual in the manner we have witnessed.”

The Minister has on several occasions warned people planning to or who are already invading private properties to desist from unlawful acts.

The incidents of land invasion has been a regular occurrence in the Western Cape, Gauteng and KwaZulu-Natal.

However, Sisulu insists that no matter the circumstances, there is no reason for such behaviour from the people tasked with enforcing the law.

“The act is inhumane and has no place in our democratic South Africa. The violation of someone’s dignity has no place in a democratic South Africa,” Sisulu said.

The National Council of Provinces (NCOP) has passed the Cybercrimes Bill, Civil Union Amendment Bill and the Science and Technology Laws Amendment Bill during its sitting on Wednesday.

The Cybercrimes Bill was initially introduced as the Cybercrimes and Cybersecurity Bill in 2017, and was referred to the fifth democratic Parliament’s Select Committee on Security and Justice from the National Assembly on 27 November 2018.

The Bill was thoroughly advertised for public participation in 2019, where substantive inputs were provided by various stakeholders and individuals.

However, it lapsed at the end of the fifth Parliament and it is among the bills that were revived by the NCOP through a resolution on 17 October 2019.

The objectives of the Bill are, among others, to create offences and impose penalties which have a bearing on cybercrime, to criminalise the distribution of data messages which are harmful and to provide for interim protection orders, and to further regulate jurisdiction in respect of cybercrimes.

The bill also aims to regulate the powers to investigate cybercrimes, to further regulate aspects relating to mutual assistance in respect of the investigation of cybercrimes and to provide for the establishment of a 24/7 Point of Contact.

The bill further imposes obligations on electronic communications service providers and financial institutions to assist in the investigation of cybercrimes. It also provides that the executive may enter into agreements with foreign states to promote cybersecurity.

Civil Union Bill

The Civil Union Bill was referred to the Select Committee on Security after its revival in 2019.

The purpose of the Civil Union Bill is to repeal section 6 of the Civil Union Act of 2006 which allows a marriage officer to inform the Minister that he or she objects on the ground of conscience, religion, and belief to solemnising a civil union between persons of the same sex.

Parliamentary spokesperson Moloto Mothapo said that during the vigorous processing of the bill, the Select Committee received extensive submissions – a total of 325 submissions from organisations and individuals either in favour or against the amendment bill.

“The committee also considered Section 195 (1) of the Constitution which provides that public administration must be governed by the democratic values and principles enshrined in the Constitution, including in subsection (d) that services must be provided impartially, fairly, equitably and without bias.

“The committee noted further that Section 197(3) of the Constitution provides that no employee of the public service may be favoured or prejudiced only because that person supports a particular political party or cause. The committee agreed that the repeal of Section 6 of the Civil Union Act, 2006 was important in advancing equality and upholding the Constitutional rights afforded to persons entering into same sex unions,” Mothapo said.

Science and Technology Laws Amendment Bill

The Science and Technology Laws Amendment Bill seeks to amend the Scientific Research Council Act of 1988, the Academy of Science of South Africa Act of 2001, the Human Sciences Research Council Act of 2008, the Technology Innovation Agency Act of 2008, and the South African National Space Agency Act of 2008, so as to harmonise the processes for the termination of the membership of Boards or Councils of the entities established by these Acts.

The bills will be sent to President Cyril Ramaphosa for approval.