Category: Key Issues

The Department of Employment and Labour has called on domestic workers, who continue to be paid below the national minimum wage (NMW), to report such violations to the department.

The department’s Deputy Director: Advocacy and Stakeholder Relations, Caroline Kwetepane, said three years since the introduction of the NMW, some employers are still exploiting and violating the law by underpaying domestic workers.

“In addition to being underpaid, domestic workers are still not given contracts of employment, not handed payslips, not registered for injuries on duty, not registered for Unemployment Insurance Fund benefits and not extended leave benefits, among other violations,” she said.

Kwetepane was speaking during the department’s domestic worker seminar held at the weekend at Atteridgeville Community Hall in Tshwane.

The workshop is part of the department’s Inspection and Enforcement Services (IES) branch advocacy programme to educate stakeholders on labour laws and promote compliance.

The theme of the seminar was ‘Paying the National Minimum Wage is the Right Thing to Do’.

 The programme focused on compliance with the Basic Conditions of Employment Act (BCEA) Sectoral Determination, including the National Minimum Wage Act; compliance with the Unemployment Insurance Fund; Compensation for Occupational Injuries and Diseases, and the referral of disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA).

The NMW Act of 2018 came into effect on 1 January 2019. The introduction of the policy intervention was in line with the International Labour Organisation (ILO) conventions to improve the living standards of vulnerable domestic workers.

When it was introduced in 2019, the NMW was fixed at a level of R20 per hour, which has increased since then.

Employment and Labour Minister Thulas Nxesi announced that the NMW has been reviewed and adjusted from R21.69 (2021) to R23.19 for each ordinary hour worked for the year 2022, with effect from 1 March 2022.

In terms of the NMW Act of 2018, the policy framework is a binding law of the country and a floor level below which no employee should be paid.

“It is also illegal and an unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the NMW. The NMW is the amount payable for ordinary hours of work and does not include payment of allowances (such as transport, tools food or accommodation), payments in kind (board or lodging), tips, bonuses and gifts,” Kwetepane said.

CCMA Commissioner, Matome Selapisa, said compliance in the sector is crucial.

Selapisa said the NMW is law and must be paid, noting that exemptions can be applied for if employers qualify.

According to Selapisa, the CCMA has since April 2022 adjudicated over 538 cases related to the implementation of the NMW and Basic Conditions of Employment Act in the domestic worker sector.

He said these related to applications to make a compliance order an arbitration award; dismissal for operational reasons related to the NMW Act; claims for failure to pay any amount owing; disputes relating to compliance orders; claims for failure to pay any amount owing in terms of the NMW Act; requests to make a written undertaking an arbitration award; unilateral changes to terms and conditions of employment ,and any other dismissal related to NMW.

Selapisa said in the previous period (from April 2021 to 31 March 2022), the CCMA adjudicated over 1 215 cases in the domestic worker sector.

He also encouraged domestic workers to report their grievances relating to the NMW with the CCMA.

He said in terms of BCEA matters regarding non-payment, these can be referred directly to the CCMA if one earns below the ministerial threshold of R224 080.48 per annum.

The term domestic work means work performed in or for a household or households. It can also include a gardener, a person employed by a household as a driver, and a person who takes care of children, the aged, the sick, the frail or the disabled.

International Relations and Cooperation Minister, Dr Naledi Pandor, says South Africa is working around the clock to set the economy on a new trajectory of growth and development to bring a better life for all.

The Minister said this in her opening remarks with the Secretary of State of the United States, Antony Blinken, at the South Africa-United States Strategic Dialogue held on Monday.

She admitted that the country continues to deal with the triple challenges of inequality, poverty and unemployment linked to apartheid.

“These are challenges we must address to avoid social strife,” she said.

She described South Africa’s relations with the United States as broad and deep and aligned to the country’s national priorities.

Pandor acknowledged the United States’ (US) significant contribution to addressing many of the socio-economic hurdles faced by the majority by providing access to equal and quality education, decent housing and essential healthcare services to the most vulnerable in society.

She also acknowledged the backing the country continues to receive from the US to combat the COVID-19 pandemic.

The Minister reminded delegates that South Africa is Africa’s largest US trade partner.

“The significant presence of US companies operating within our borders, including historic investors such as General Electric and Ford, to name but two, in helping to upskill our youth, creating jobs and incomes, has made the US private sector a key partner in supporting South Africa’s socio-economic growth.”

She also took the time to thank the support shown by American companies for President Cyril Ramaphosa’s investment drive.

“It has demonstrated the belief that the US still has in the future of our country and the value proposition that we offer as a key investment destination and trade partner, despite the setback of the COVID-19 pandemic.”

Trade

Meanwhile, Pandor welcomed the growth in two-way trade in goods from US$13.9 billion in 2010 to US$21 billion in 2021.

In 2021, the United States ranked as the second largest destination for South Africa’s exports globally, while South African firms have also emerged as significant foreign investors.

Investments from South Africa into the United States are on the rise, accounting for 17.4% of total South African outward foreign direct investment to the world.

“There is, however, much more we can – and should do.”

However, she said both parties needed to solve the longstanding unresolved trade issues around market access, including removing Section 232 tariffs on South African steel and aluminium imports into the United States.

“The President and his economic team, as we will hear later during our deliberations, have been hard at work making it easier for foreign investors to invest in our country and to advance our trade and investment relations for mutual benefit.”

Food security

Meanwhile, she said many countries have to contend with high costs for fuel, food and transport.

According to the Minister, these challenges, including climate change, have a huge implication for food security and agricultural systems, especially in Africa.

“The present moment, which has given rise to widespread uncertainty and fear, requires us as leaders to come together and chart a way forward that will give hope and inspiration to our respective peoples.”

She has called on the undertakings made at the United Nations, the G7 and G20 to address food insecurity, global health, peace and security, sustainable and just energy transition, as well as human security to be addressed meaningfully.

“We must continuously reinforce our common commitment to multilateralism, democracy and human rights – and use the proven tools of diplomacy, peace-building dialogue and mediation to resolve conflict and end the intolerable and unnecessary human suffering as a result of wars and other forms of conflict.”

Secretary of State, Blinken acknowledged the important role that South Africa plays in the G7 and G20 and on global health, climate change and food and security.

“What South Africa says, what South Africa does, has powerful global implications.”

In addition, he said the United States would continue to work with local government during the pandemic and beyond.

He also thanked South African scientists for discovering the Omicron variant and said that President Joe Biden is looking forward to hosting President Ramaphosa next month.

Gauteng Premier David Makhura has announced a R100 million fund that is aimed at supporting businesses in the township retail sector.

He was speaking at the launch of the Gauteng Township Retail Programme at Sam Ntuli Stadium in Thokoza on Monday morning.

The Premier said although the provincial government is committed to supporting township enterprises to grow, those living in the townships also have to begin buying from local shops.

“We have implementing partners all around the townships so the township businesses must be organised. It [makes it] easier for us to support a group or association [of retailers] than doing it on an individual basis. When the businesses are organised, you are more powerful.

“[The community] must also buy from each other. We must spend the money that we have in the township. Buy the bread made next door – you will get a good price and you will also be helping to grow the township economy,” he said.

Makhura said women business owners will specifically be targeted for support.

“There can be no township economy without women. The women’s businesses… are the largest in our townships. Most of the people who are selling and involved in business in the township are women. So we must have a specific target … [that says] of this R100 million, how of much of that will be for women-owned businesses,” he said.

Makhura explained that revitalising and building stronger sectors of the township economy will take some hard work.

“If we want to fix the township economy, we must start with those small retail businesses and make sure they are supported by government. [We] are already supporting some township businesses in order to help them grow. We want the people in the township – for generation after generation – to be the ones running these businesses,” he said.

The announcement of the fund comes at least 100 days since Makhura signed the Township Economy Development Act into law.

The law requires, among other interventions, provincial government departments to procure at least 40% of goods and services from township businesses where possible.

“This is the implementation of the Township Economy Act. That law must not just be a policy, it must be implemented. It must not be shelved or put away in offices in must be implemented so that we can feel the township economy [growing].

“There are many people in the township who are working hard…who don’t sleep to make sure they make proper businesses to support and feed their children. The township development act is about supporting those businesses,” he said.

Makhura said other sectors – township manufacturers and township real estate – will also be receiving attention.

Transport Minister, Fikile Mbalula, has encouraged the public to report potholes on municipal and provincial roads on a newly launched app in order to enable government to repair them speedily.

Addressing the launch of Operation Vala Zonke – a comprehensive programme to address potholes across all spheres of government, the Minister said the app can be downloaded on Google Playstore and the Apple App store.

“The app will work in conjunction with the South African National Roads Agency SOC Ltd (SANRAL) pothole management app and will allow the public to raise any issues, upload pictures of potholes, and provide real-time location of the road on an interactive map that will show the owners of the different roads. The app will also provide status updates on issues raised using a pothole ticketing system.

“The information then gets assigned to the relevant authority, depending on where the road is, and the maintenance depot responsible for that road attends to fixing the pothole,” Mbalula said on Monday in Vanderbijlpark, Gauteng.

As the implementing agency for this campaign, SANRAL will closely monitor and assess the impact of the interventions over the next six months, which is the duration of the campaign.

A monitoring and evaluation capability has been put in place. This will enable SANRAL to generate audit reports, which will form the basis for validation of the work undertaken and the turnaround time in attending to potholes.

“Through this intervention, we are raising the bar on service delivery by ensuring that the voice of the citizen is heard. This campaign will change the face of our municipal and provincial roads from pothole-riddled to an acceptable state of repair. This launch will be replicated across the country with Premiers and MECs leading provincial launches,” the Minister said.

SANRAL will co-ordinate the effort of working with the provinces and municipalities to ensure potholes are attended to speedily.

“SANRAL has a policy of fixing any reported potholes within 48 hours. While national roads are overwhelmingly in a pristine condition, we recognise that provincial and municipal roads require a decisive strategy and active support to augment capacity gaps.

“Potholes have remained a problem and have posed a danger to road users throughout the country. Potholes are particularly dangerous at night or in rainy weather,” Mbalula said.

The Minister continued to appeal to motorists to drive safely on the roads, irrespective of whether there are potholes or not

“We will continue to design and build our roads in a way that is most safe for all road users. Fixing the potholes on the country’s roads is an enormous task, which will take time, but we are confident that through the coordinated approach led by SANRAL we will be able to tackle this task and make a telling difference that our people can see and experience,” he said.

Government has committed to reaching out to private companies, communities and other stakeholders to play their part in supporting government efforts of preserving and improving the road infrastructure.

“Through partnerships with institutions of learning and the sector education and training authorities, we will infuse a strong skills development methodology to the intervention. A skills revolution must become a pillar of this intervention at all levels of government,” the Minister said.

Ahead of the Women’s Day holiday, the Gauteng Traffic Police have conducted a drinking and driving operation in Eldorado Park, in an effort to crack down on reckless and negligent drivers.

“The Gauteng Traffic Police will continue to enforce compliance with road safety rules and regulations in an effort to save the lives of road users. All drivers who are found conducting themselves with impunity will be apprehended to face the full might of law,” Gauteng Traffic Police Spokesperson Sello Maremane said on Monday.

During the operation, which was held this past weekend, officers arrested nine drivers for allegedly driving under the influence of alcohol.

The drivers are expected to appear in the Kliptown Magistrate’s Court on Monday to face charges of driving under the influence of alcohol.

The highest drunk driver recorded 0.72 mg/1000 ml, which is 2 times over the legal limit of 0.24mg/1000 ml, meanwhile the lowest recorded was at 0.55 mg/1000 ml.

The ages of the drivers range between 30 and 45 years.

“The reckless behaviour by drivers on Gauteng roads is highly regrettable and will not be tolerated since it undermines our efforts to promote road safety. Drinking and driving under the influence of alcohol significantly contribute to the high rate of road traffic crashes leading to fatalities in the province,” Maremane said.

Eskom has announced that it will implement load shedding from this afternoon after the power utility faced some challenges at several power stations.

“Due to a shortage of generation capacity, stage two load shedding will be implemented during the evening peak period of 4pm to midnight this afternoon and at the same time tomorrow. Eskom will promptly communicate any further significant changes.

“The delay in returning a generation unit to service each at Arnot, Koeberg and Kusile power stations, as well as the unplanned outage of a generation unit each at Camden, Medupi and two units each at Grootvlei, Hendrina and Majuba power stations have exacerbated the capacity constraints. Some generation units are anticipated to return to service over the next few days,” Eskom said.

The power utility had warned on Tuesday that load shedding could be implemented at short notice, should generation units face problems with returning to service.

Currently, at least 15 501MW of capacity is unavailable due to breakdowns, with a further 2 931MW of energy out on planned maintenance.

“Eskom would like to remind the public that loadshedding is implemented only as a last resort to protect the national grid. We therefore urge all South Africans to continue using electricity sparingly especially during these uncertain times on the power system,” Eskom said.

Controlling and eliminating malaria remains critical for the health of southern Africa and cross-border partnership is key to achieving this goal.

This was highlighted at the 7th Malaria Research Conference hosted by the South African Medical Research Council Malaria Research Group (MRG)  and the Department of Health.

This year’s gathering, currently underway, focuses mainly on the progress that has been made towards achieving the department’s goal of eliminating malaria by 2025, amidst the COVID-19 pandemic.

According to the South African Medical Research Council (SAMRC), some countries, including South Africa, have now embarked on a malaria elimination agenda since transmission has drastically reduced, especially in the southern African region. Of the 16 Southern African Development Community (SADC) countries, eight are targeting elimination by 2030.

In addition, cross-border malaria, one of the conference’s thematic areas, poses a serious threat to the country’s elimination efforts.

According to the SAMRC, this is the reason cross-border collaboration is vital to contribute to a greater body of knowledge and research.

The parastatal medical research organisation also seeks to improve the health status and quality of life of people living in malaria-endemic areas by facilitating high-quality scientific research and innovative practices that inform the development of policy, health services, health promotion and capacity development.

The SAMRC Office of Malaria Research Director, Professor Rajendra Maharaj, said: “Researchers and control staff need to work together to achieve elimination since translational research is the key to overcoming challenges amplified by the COVID-19 pandemic”.

In partnership with the department, the MRG has since developed a prioritised research agenda to foster networking and collaboration among different role players to synergise efforts in malaria research towards a common goal.

Meanwhile, Health Minister, Dr Joe Phaahla, emphasised South Africa’s goal to eliminate the life-threatening disease by 2025.

He believes that innovative technologies and relevant research are required to guide implementation policies.

Phaahla said neighbouring countries like eSwatini and Mozambique are working towards malaria elimination. However, he stated that success can only be attained through joint concerted efforts from all partners and governments.

“Malaria is not country-specific, the mosquito knows no borders, nor does it respect any specific air space. Therefore, regional, and cross-border collaborations and partnerships are vital to elimination,” said the Minister.

Phaahla believes that all these tools and technologies bear fruit if communities in the endemic provinces and regions do not see the need for them, adding that more awareness is needed in communities.

“Advocacy and awareness campaigns within communities will help people understand the continued need for malaria control activities and interventions.”

The South African Revenue Service (SARS) has reiterated its commitment to resolving the ongoing industrial action with organised labour.

SARS staff have been on strike since May over a wage negotiation impasse.

In May, SARS said it did not have the resources to meet the labour demand of CPI plus 7%.

After engaging with organised labour, SARS made a proposal to reach a final settlement.

This included an across-the-board increase of 1.5% for permanent employees in the bargaining unit, backdated to 1 April 2022.

In a statement on Wednesday, SARS said this was on condition that should the broader public sector negotiations be resolved at an increase of higher than the 1.5%, National Treasury will accordingly make additional funding available towards the settlement agreement.

“SARS will be guided by this, and adjust its offer to its employees to be on equal terms,” it said.

Beyond this was a commitment to engage and conclude the broader Employee Value Proposition, which will include financial and non-financial elements; and other items tabled by the unions during the negotiations at the SARS National Bargaining Forum (NBF).

SARS said: “The slight adjustment to the across-the-board proposal is possible due to projected savings from a delay in recruitment against an initial plan. In the spirit of transparency and a commitment to resolving the dispute, SARS management has decided to allocate the savings towards the increased salary proposal.

“Parties agreed that the unions embark on a mandate-seeking process on this offer. Strike action was suspended by the Public Servants Association (PSA) during this mandate-seeking process, while NEHAWU [National Education, Health and Allied Workers’ Union] has not formally communicated its intentions to SARS.”

The revenue collector said it had noted with concern various isolated incidents of intimidation and violence committed by some strikers.

In this regard, SARS said it would will take necessary action against the strikers that are violating its Code of Conduct, and/or those who have broken the law.

“SARS reaffirms its commitment to respect the right of employees to strike. The strikers are enjoined by labour law provisions to exercise this right peacefully, and respect the rights of employees who choose to work, as well as taxpayers who seek to fulfil their obligations in law.

“SARS has put contingency measures in place to mitigate the negative impact on services as far as possible. We thank taxpayers for their patience during this challenging period, and apologise unreservedly for any delayed response to service requests. We request taxpayers and traders, as far as possible, to avoid coming to SARS branches, but to instead continue to interact with SARS through our self-help digital channels.

The movement of cargo from the land and sea ports of entry have continued without any hindrance.”

The revenue collector said it remains empathetic to the plight of many South Africans, including its own employees, who face economic hardships and rising prices of food and fuel.

“We remain sincerely appreciative to those SARS employees who, through this period, contribute to our success, and for their continued commitment to deliver the essential service in support of our mandate,” read the statement.

The Unemployment Insurance Fund (UIF) has urged employers to pay contributions and declare their workers every month, as required by law, to avoid delays with benefit applications and payments.

Speaking at an employer advocacy session held in Durban, UIF Provincial Support Director, Allan Ragavaloo, said the majority of normal benefit payments, including the special COVID-19 Temporary Employer-Employee Relief Scheme (COVID-19 TERS), were delayed due to the lack of up-to-date declarations by employers.

“If employers are 100% compliant with the fund’s legislation, as well as paying contributions and declaring their workers monthly, we would not experience significant delays with paying claims.

“The majority of the COVID-19 TERS payments were delayed due to the abundant lack of declarations by employers. If all employers had declared their workers to the UIF prior to the COVID-19 lockdowns, we would not have experienced delays with COVID-19 TERS payments,” Ragavaloo said.

Ragavaloo highlighted the error codes that impede COVID-19 TERS payments, which include incorrect identity and passport numbers, failed bank verifications, no declarations and salary discrepancies.

“I am encouraging employers to log into the COVID-19 TERS portal on uifecc.labour.gov.za/covid19, and if you have any errors, please look at the solutions on the system and rectify the errors so we can process and pay the claim,” Ragavaloo said.

He also stressed that employers who are aggrieved about their claims being rejected are entitled to follow the fund’s appeal process.

UIF’s Acting ICT Director, Viwe Gqoli, said the fund had a responsibility to pay all valid COVID-19 TERS claims that are currently on the system.

However, Gqoli said the onus is on the employers to correct the errors because the fund is not permitted to implement corrections on their behalf.

Employers urged to finalise claims

Gqoli said the UIF is trying to close the COVID-19 TERS system and advised employers to finalise their claims.

“Currently, we do not have a backlog on new COVID-19 TERS applications in the system. Instead, we regularly re-run claims that are already in the system hoping that errors have been corrected, but we receive the same outcome of errors. Therefore, we suggest that you correct them before we close the system,” Gqoli said.

He also revealed that the UIF had disbursed R9.2 billion through COVID-19 TERS and R15 million for Workers Affected By Unrest (WABU) in KwaZulu-Natal respectively, bringing relief to thousands of workers affected by COVID– 19 lockdowns and the July 2021 unrest.

Protect uFiling login details

Meanwhile, Deputy Director: Fraud, Sibongiseni Mpanza stressed that employers must always safeguard their uFiling login details.

“Giving your uFiling credentials to third parties or other people is similar to people having your bank card and pin because they may commit fraud which could lead to your company being blacklisted by National Treasury,” Mpanza warned.

The next employer session will be held on 28 July 2022 at the Ascot Wedding and Conference Venue in Scottsville, Pietermaritzburg, from 9am.

Government continues to solicit input from many organisations and professionals to assist in identifying individuals who can come back to Eskom and help to get the old power stations back in order and mentor younger managers.

This as the Department of Public Enterprises (DPE) on Thursday moved to clarify its call for skilled engineers to aid Eskom.

Delivering the department’s Budget Vote in May this year, DPE Minister, Pravin Gordhan, referred to the lack of engineering and technical skills at state-owned enterprises, including Eskom.

“The experienced engineers and technical skills were mainly hollowed out as a result of State Capture and corruption over the years,” the department explained.

“Solidary wrote to the Minister to offer its assistance in identifying skilled personnel.”

According to the department, before and after the Budget Vote speech, there have been similar offers of assistance, one example being the establishment of the Ministerial Review Task Team.

“To repeat, the Minister did not approach Solidarity. He simply made a call to all organisations, including the social partners, for skilled personnel, regardless of race to avail themselves to be placed at Eskom.”

According to News24, the union has a list of more than 1 000 skilled people who are willing to assist, which will be narrowed to 100 of the best. The department said that various professional and business organisations have responded and offered to assist.

“It is a pity that Solidarity and some in the media are politicising this issue amid a crisis that government is working very hard to address.”

Now is the time to work together, without any partisan interests, and assist and support an earnest group of power station managers to improve the performance of the power stations, said the department.

Meanwhile, the department said Eskom would follow its internal human resources policies and processes to ensure that the appropriate engineers with the best skills and experience are hired.