Category: Government Opinion Pieces

The Unemployment Insurance Fund (UIF) has since March 2020 to date paid out R2.1 billion to 457 546 workers in the North West province as part of its COVID-19 Temporary Employer-Employee Relief Scheme (COVID-19 TERS).

In a statement on Wednesday, the Department of Employment and Labour said the UIF also paid out a separate amount of R601 million to 139 629 workers and their beneficiaries as normal benefits related to either unemployment, maternity, illness or death over the 2022/23 financial year.

These details were revealed on Tuesday during a media briefing hosted by the UIF in Klerksdorp.

Speaking at the briefing, UIF Provincial Support Director, Allan Ragavaloo, said the R2.1 billion disbursed to workers in the North West province arose from 6 963 COVID-19 TERS applications the UIF received from employers.

The top 10 sectors that received the lion’s share of the R2.1 billion are mining, personal services, trade, construction, banking, professional services, iron, agriculture, educational, and charities.

To date, Ragavaloo said, R64 billion has been paid out to at least five million workers nationally through COVID-19 TERS.

Meanwhile, Smiso Nkosi, a Manager in the UIF Commissioner’s office, told journalists that Forensic Auditors of the UIF are continuing to audit companies in the province as well as around the country to ensure that the correct amounts of COVID-19 TERS monies were paid over to workers at the right time.

Thus far, he said R17.5 billion from the R64 billion paid to date through COVID-19 TERS was audited and verified as correct payments.

However, the audits also discovered instances of fraud, for example where employers applied for ghost employees, applications with inflated salaries, applications for terminated employees and applications by companies that were essential services who did not qualify because they were permitted to operate during the COVID-19 lockdowns.

Nkosi said measures are being implemented to deal with employers who refused to cooperate with “follow the money” auditors. These include:

• Referral to the Special Investigating Unit and Directorate for Priority  Crime Investigation (HAWKS) for criminal investigation;
• Refunding of all COVID-19 TERS funds;
• Blocking employers from the UIF’s service offerings; and
• Blacklisting employers from doing business with the UIF.

“The Asset Forfeiture Unit of the National Prosecuting Authority has been helping us to attach and sell off assets that are proceeds of crime, to recover money that was stolen from the UIF,” he said.

Bernice Matlhako, from the UIF’s Risk and Fraud Unit in North West province, revealed that more than 20 suspects had been arrested through joint investigations for COVID-19 TERS-related fraud. The matters are all still before the courts.

According to Matlhako, the UIF is taking disciplinary action against officials who are implicated in fraud cases as well as those who are alleged to be soliciting bribes from clients to expedite claims at labour centres in the province.

To date, she said, two officials were dismissed, while another two are on suspension. A further five officials are currently undergoing disciplinary hearings.

“We have a no-tolerance approach when it comes to fraud and corruption at the UIF and this is evident in how we deal with such matters,” Matlhako stressed.

Clients or members of the public are urged to report any corrupt activities or fraud on the UIF Fraud Hotline: 0800 601 148 or to the Department of Employment & Labour hotline: 0860 666 883.

The UIF is an entity of the Department of Employment and Labour mandated to provide short-term financial relief benefits to qualifying and contributing workers and their beneficiaries.

Acting National Consumer Commissioner (NCC), Thezi Mabuza, has emphasised that suppliers are not allowed to take money from consumers and refuse to refund them when failing to provide the services or goods for which the funds were paid.

This comes after the National Consumer Tribunal (NCT) declared the conduct of Crystal Tears Investment, trading as Misty River, as “prohibited conduct” after they refused to refund a consumer their money.

“The consumer booked a venue at Misty River for their wedding and made a total payment of R25 750. The wedding was scheduled to take place on 16 January 2021.

“The supplier later informed the consumer that the wedding would be postponed to an unspecified date due to the COVID-19 pandemic, which resulted in a ban on social gatherings. The decision was not accepted by the complainant, who elected to cancel the agreement and requested a refund instead,” the NCC said on Tuesday.

The National Consumer Tribunal found that Crystal Tears Investment contravened Sections 19(2)(i), 19(6)(c), and 21(9) of the Consumer Protection Act (CPA).

Section 19(2)(i) provides that a supplier has the responsibility to deliver goods or perform a service on the agreed date and at the agreed time.

In terms of section 19(6)(c), a consumer may cancel the agreement without penalty if a supplier fails to deliver the goods or perform any services at a location, on a date or time other than as agreed with the consumer and may treat any delivered goods or performed services as unsolicited goods or services.

Section 21(9) further provides that if a consumer has made any payment to a supplier in respect of any charge relating to unsolicited goods or services, or delivery of any such goods, the consumer is entitled to recover that amount, with interest from the date on which it was paid to the supplier, in accordance with the prescribed rate of interest Act 55 of 1975.

The NCT declared Crystal Tears Investment’s conduct prohibited and ordered the supplier to refund the consumer R25 75 together with an interest at the rate of 10.5% within 20 business days.

The supplier was also ordered to pay an administrative fine of R15 000 within 60 business days.

Mabuza said suppliers must understand their obligations under the CPA.

The Act prohibits the conduct of Crystal Tears Investment, as it is not in the spirit of protecting consumers.

“We welcome the decision by the Tribunal, and we believe that it will deter other suppliers from engaging in the same conduct.

“This Judgment sends a clear message to suppliers not to hide behind the Pandemic and in so doing, contravene the CPA. We hope this sends a message to suppliers that are out there to strip consumers of their rights. We also urge consumers to know and understand their consumer rights,” she said.

Water and Sanitation Minister, Senzo Mchunu, says the department is forging ahead with the reconfiguration of Umgeni and Mhlathuze Water to accelerate the provision of bulk water in KwaZulu-Natal.

Mchunu on Tuesday announced that Mhlathuze Water is set to be disestablished on 30 June 2023 and will be merged with Umgeni Water.

He said all Mhlathuze Water staff, including assets and liabilities, will be transferred to Umgeni on 1 July 2023, in terms of Section 46 of the Water Services Act, 1997 (Act No. 108 of 1997).

This will then result in a single water entity, uMngeni – uThukela Water Board.

Mchunu sad an advert has since been published, with the aim of getting public nominations for members who will be appointed to serve on the uMngeni – uThukela Water Board for a four-year-term.

He highlighted that the board members will be mandated to provide an oversight role as non-executive members of the uMngeni – uThukela Water Board.

They will also support the executive management to deliver value-added services and business confidence in discharging their roles and responsibilities commensurable to a leading bulk water services utility in South Africa.

“Our expectations are quite high. We are looking for people who will want to contribute their knowledge and expertise in the sector, and not just want to improve their pockets.

“I will not hesitate to shut anyone out who has no intention of working to improve the provision of water in the province, and ultimately, the whole country,” Mchunu said.

He said, an interim board of Umgeni Water, will from 01 July 2023, oversee the governance of uMngeni – uThukela Water until a new board is appointed.

Mhlathuze Water was established in 1980 and predominantly operated in the uMkhanyakude, King Cetshwayo and Zululand District Municipalities.

The reconfiguration comes amid plans by the Department of Water and Sanitation to have a single water entity operating in each province.

Mchunu has wished the outgoing Mhlathuze interim board well and looks forward to working with the new appointed board members who will be appointed.

Public nominations and/or applications for members who will be appointed to serve on the uMngeni-uThukela water board may be submitted electronically to boardnominations2023@umgeni.co.za or hand delivered to 310 Burgers Street, Pietermaritzburg, 3200 for attention of the Acting Chief Executive: uMngeni-uThukela Water, Dr Sipho Manana.

The Department of Employment and Labour’s Inspection and Enforcement Services (IES) branch is today conducting an advocacy seminar in the Eastern Cape to create awareness on compliance with labour laws.

The four-day seminar, which will be held at Hotel Savoy in Mthatha aims to create awareness on compliance to labour laws as well as to inform and educate both employers as well as employees along with their organisations on labour legislation such as the National Minimum Wage Act (NMWA).

This also includes the Basic Conditions of Employment Act (BCEA), Unemployment Insurance Act (UIA), Compensation for Occupational Injuries and Diseases Act (COIDA) as well as the Commission for Conciliation, Mediation and Arbitration (CCMA) processes.

“The seminar is aimed at protecting vulnerable workers by encouraging compliance with labour laws to both employers and employees. In addition, we highlight the processes that are involved when dealing with the CCMA on issues of noncompliance,” said Dr Pravine Naidoo, Director: Advocacy and Stakeholder Relations.

This is derived from the main aim of the IES branch, which is to empower through educating and sharing information with employers and employees with the main purpose of improving compliance and ensuring the realisation of decent work.

In addition, the seminar will highlight amendments to the NMWA, unemployment benefits and on the last day focus on a mission to visit the informal activities in the area with the intention to formalise it.

This entails putting this sector under the ambit of the labour laws enabling the informal sector to access services only available to the formal sector.

The Commission for Gender Equality (CGE) is conducting oversight and monitoring visits to police stations and courts in KwaZulu-Natal to assess their compliance in the provision of services to the victims and survivors of gender-based violence and femicide (GBVF).

The visit forms part of the commission’s programme to assess compliance by the South African Police Service (SAPS) in providing the required services for victims and survivors.

CGE spokesperson, Javu Baloyi, said over the years, the CGE had noted the public outcry over the handling of rape cases by State entities and the slow pace of the criminal justice system in protecting GBVF victims.

He said the findings from these oversight visits will be presented to the National Police Commissioner and the Portfolio Committees on Police and Justice and Correctional Services for intervention, where poor service delivery is found.

“The efficiency of State entities in the criminal justice system is critical in ensuring a South Africa free of gender inequality and GBVF,” Baloyi said.

The Commissioners will on Tuesday visit Plesislaer Police Station in Pietermaritzburg. This will be followed by a visit to the Dundee Magistrate’s Court on Wednesday to monitor the deliverance of justice to a learner who was allegedly raped by a school teacher.

The visit will conclude on Thursday when the Commission is expected to visit Dundee Police Station in northern KwaZulu-Natal.

Minister of Forestry, Fisheries and the Environment Barbara Creecy has published for implementation the regulations regarding fees for the provision of aviation meteorological services.

The regulations were published in terms of the South African Weather Service Act, 2001 (Act No. 8 of 2001).

The South African Weather Service (SAWS) charges the operator of an aircraft fees for aviation meteorological services, as contemplated in Sections 4(2)(e) and 21(1)(b) of the South African Weather Service Act, 2001 (Act No. 8 of 2001).

“SAWS aviation tariffs are determined through an extensive consultative process, which includes stakeholder engagement and participation. The Regulating Committee for Meteorological Services (RCSM), through its mandate, ensures that the tariffs are fair and equitable to SAWS and the aviation industry.

“The key stakeholders involved in the determination of aviation tariffs include SAWS, RCSM and the aviation industry, represented by the Airline Association of South Africa (AASA), the Board of Airline Representatives of Southern Africa (BARSA) and the International Air Transport Association (IATA),” the Department of Forestry, Fisheries and the Environment said on Tuesday.

The regulations, as published in the Government Gazette, can be accessed on: https://www.dffe.gov.za/sites/default/files/gazetted_notices/sawsa_aviationservicefees_g48602gon3411.pdf.

Police Minister, General Bheki Cele, has successfully wrapped up a five-day official visit to the People’s Republic of China, ahead of the upcoming 15th BRICS Summit to be hosted in Johannesburg in August 2023.

Cele led a delegation of senior officials from the South African Police Service (SAPS) headed by the Deputy National Commissioner of the SAPS, Lieutenant General Tebello Mosikili.

The official visit to the People’s Republic of China saw the South African and Chinese police delegations discuss, among other policing matters, the strengthening of China-South Africa practical law-enforcement cooperation and collaboration.

The three-city tour to Shenzhen, Beijing and Shanghai was characterised by engagements with various key safety and security role players of China.

China’s Minister of Public Security, Wang Xiaohong, hosted Cele and the South African delegation on 8 June 2023.

High on the agenda of the fruitful engagement was the establishment of a formal and rigorous policing exchange program of personnel capabilities and training between the two countries.

The two Ministers also reflected on security preparations of the 15th BRICS summit to be hosted in Johannesburg, where President Xi Jinping will join other Head of States and attend the summit in August.

Transnational and environmental crimes, the collaboration to deal with violent crimes in South Africa, through technological interventions and the safety of nationals residing in both countries also featured high on the agenda.

Cele said they have no doubt that the fruitful security and safety discussions on this trip will be cemented and put into action in the shortest possible time.

“While we share a rich history with China and have had several cooperations with our law enforcements over the years, we are encouraged by the new avenues being explored to boost South African techniques in law enforcement with our Chinese counterparts.

“The first price for both our countries is a revived policing partnership that will translate to the safety of citizens and the improvement of policing through technology, specialised skills and modernised South African police service that is people orientated,” Cele said.

Engagements with the management and senior officials from the Chinese Department of Public Safety and the China People’s Public Security University (CPPSU) ranked the most elite police academy in China; also formed part of the five-day official visit.

Members from SAPS specialised units, including the National Intervention Unit (NIU) and Special Task Force (STF) recently received combat and educational training and graduated from the university.

Cele and the South African delegation also throughout the week in the People’s Republic, visited police stations in Shenzhen, Beijing and Shanghai.

The delegation noted the country’s police station models which serve as one-stop service centre points for residents promoting transparency and an open-door policy between police and the communities they serve.

The Public Service Commission (PSC) has welcomed the decision by Cabinet to adopt and approve the publication of the draft Public Service Commission Bill of 2023 for public comment.

The bill was approved on 24 May 2023 and was subsequently published in the Government Gazette dated Friday, 9 June 2023.

The bill will enable the PSC to operate as an independent and impartial constitutional body, with the view to improve the effectiveness and efficiency of the PSC within the public service.

The bill will also ensure that the mandate of the PSC is extended to municipalities and public entities.

The draft Public Service Commission Bill is available for public comment on the PSC website, www.psc.gov.za, under the heading of ‘Legislation’ and under ‘Latest news’.

All interested parties and organisations are invited to submit written comments on the draft bill by no later than 30 days from the date of publication by:

(a)         e-mail to: Shukratm@opsc.gov.za and NontobekoN@opsc.gov.za

(b)         hand delivery to: Block B, Office Complex – Public Service Commission, 536 Francis Baard Street Arcadia, Pretoria, drop off at the reception.

(c)          post to: The Director-General, Public Service Commission, Private Bag X121 Pretoria, 0001

The name, email address and telephone number of the person or organisation submitting the comments should be indicated.

For more information, members of the public are advised to contact Advocate Shukrat Makinde on 072 244 6453/012 352 1188, alternatively Ms Nontobeko Ngubane on 012 352 1032.

The Western Cape Department of Economic Development and Tourism has launched the Export Competitiveness Enhancement Programme (ECEP), which aims to support businesses that are export-ready or working towards meeting international market requirements.

“Expanding exports of products and services is a priority focus area of our provincial Growth for Jobs Strategy,” said Finance and Economic Opportunities MEC, Mireille Wenger.

According to Wenger, research shows that if the provincial government can increase exports by 10%, it can generate an estimated additional R6 billion to the Western Cape gross domestic product (GDP) and create more jobs.

“Enabling access to global markets is key to achieving breakout economic growth for the Western Cape economy precisely because exports create opportunities for domestic producers to expand and diversify their customer bases to grow their businesses.”

According to the MEC, the programme’s focus will be on developing and investing in the capacity of businesses to unlock export opportunities through a structured process, such as business turnaround or business improvement.

The project will also see an improvement to entrepreneurs’ skills and the business competitive position in relation to scale and efficiency. It will position the companies to expand into current markets, as well as new market opportunities.

Interventions target specific businesses and provide support mechanisms to improve the capability, competitiveness, productivity, and export growth of these businesses.

The fund has several activities, including:

• Product reformulation and refinement.
• International packaging, labelling and printing requirements.
• International product certification and standards for international market access.
• Product registration with relevant international bodies in export markets.
• International nutritional analysis and specialised shipping requirements.

“I encourage businesses in the Western Cape to apply for this exciting opportunity and look forward to seeing many more of our proudly Western Cape goods on shelves across the globe, and of course, to assisting many more businesses to expand, creating many more jobs for the residents of the Western Cape,” Wenger said.

Meanwhile, the application process closes on 30 June 2023.

The Ministry of Transport has announced that Leonard Ramatlakane has been relieved of his duties as a Board Member and Chairperson of the Passenger Rail Agency of South Africa (PRASA).

This follows an investigation by the entity on the misuse of one of its properties in Cape Town by Ramatlakane without due and proper processes being followed.

In a statement on Tuesday, Transport Minister Sindisiwe Chikunga expressed her appreciation to the chairperson for his leadership and sterling work that led to the recovery of 13 rail lines by the entity, as part of its Rail Recovery Programme.

“This exceeded the target of 10 rail lines that were initially earmarked by PRASA for recovery. It is under Ramatlakane’s watch that PRASA was able to restore a sizable number of PRASA Rail services in various metros in the country, which has ensured that PRASA Rail reclaims its status as a mass mover of commuters in the Republic,” Chikunga said.

The rail lines and stations were hit by vandalists during the lockdown period and the Rail Recovery Programme was set up as a robust government response to that destruction.

The ministry said it is committed to a clean administration and governance across its entities.