Category: News

With the start of Mandela Month, South Africans are reminded to heed the call to action for people to recognise their individual power to make an imprint and change the world around them.

“In 2023, the world commemorates 10 years since Nelson Mandela passed away. This anniversary is an opportunity to reflect on his vision, values and the work he tasked us to continue – making the Constitution a lived reality for all,” the Nelson Mandela Foundation said.

Mandela Day is an annual global celebration that takes place on 18 July to honour the life and legacy of Nelson Mandela. This day is a call to action for individuals, communities and organisations to take time to reflect on Mandela’s values and principles and to make a positive impact in their own communities.

Nelson Mandela International Day has enjoyed 13 years of global support and solidarity since it was launched in 2009.

The Nelson Mandela Foundation has called on everyone to use Mandela Day as a day that brings people together to take action against poverty and advance the project of nation building.

This year, Mandela Day takes place under the theme: Climate, Food and Solidarity – with the call to action being: “It is in your hands” to take action against climate change.

As part of these commemorations the Nelson Mandela Foundation will host the second edition of the Mandela Day Run in Houghton, in honour of the global icon.

“This year, the race begins at Houghton Primary School and follows the route Nelson Mandela walked for exercise when he lived in Houghton. The suburb was the home of President Mandela for a number of years when he returned from Robben Island. His 13th Avenue address has been converted into Sanctuary Mandela, a boutique hotel and convening space.

“Houghton Estate is also the suburb that hosts the Nelson Mandela Centre for Memory, where the Foundation is housed. Madiba was often seen walking in the suburb. Many have wonderful memories of unplanned and surprise encounters and chats with the statesman,” the foundation said.

This year the Mandela Day Walk and Run will include 5km, 10km and 21km routes and will be held in partnership with Balwin Properties, Supabets, Discovery Vitality, Clover, Vision Tactical, Mahindra and  Brand South Africa.

The race will start at 08h00 on Sunday, 16th July 2023, and will be timed with Discovery Vitality who are offering points for Vitality members who participate.

Tickets are available at https://www.nelsonmandela.org/activities/entry/mandela-day-houghton-run, starting at R100 for the 5km walk, R150 for the 10km run and R200 for the 21km run.

All race proceeds will go towards continuing the work of the Nelson Mandela Foundation.

For more information, please visit https://www.nelsonmandela.org/activities/entry/mandela-day-houghton-run or http://onreg.com/mandeladay23.

The Department of Trade, Industry and Competition (the dtic) in partnership with the City of Cape Town will on Friday host the upcoming workshop on the implementation and operationalisation of the African Continental Free Trade Area Agreement (AfCFTA).

Other departments that will partner in the workshop includes the Western Cape Department of Economic Development and Tourism, the Western Cape Tourism and the Trade and Investment Promotion Agency (Wesgro).

The event is scheduled to take place at the Southern Sun Cape Sun Hotel as part of a nationwide series of workshops.

Following the successful hosting of workshops in Gauteng, KwaZulu-Natal, Limpopo, and Mpumalanga, the primary objective of these gatherings is to apprise South African companies and export-ready Small and Medium Enterprises on the benefits of trading under the AfCFTA, which intends to create a single continental market with a population of about 1.3 billion foster partnerships and collaboration with the private sector, women-owned businesses and youth-owned export-ready enterprises.

The AfCFTA seeks to establish a large single continental market, encompassing a population of approximately 1.3 billion people and a combined Gross Domestic Product (GDP) of approximately USD 3.4 trillion.

By participating in preferential trade beyond the Southern African region, South African companies can unlock significant progress and benefits for their respective businesses.

According to the Chief Director of Africa Multilateral Economic Relations at the dtic, Sandile Tyini, the workshop seeks to communicate and engage with the private sector, Small and Medium Enterprises (SMEs) as well as women and youth-owned export ready businesses on the status of the implementation of the AfCFTA, including opportunities for South African companies to participate in preferential trade beyond the Southern African region.

“The workshop will focus on six sector master plans, namely steel and metal fabrication, agriculture and agro-processing, retail-clothing, textiles, footwear, and leather (R-CTFL) value chain, automotive industry, sugar value chain and forestry,” said Tyini.

These workshops will also identify companies within the provinces in the targeted sector master plans as well as other priority sectors that wish to export to the rest of the continent.

“In addition, the workshops will expose export ready companies to the benefits of exporting under the AfCFTA,” said Tyini.

The AfCFTA presents tremendous opportunities for South African companies to expand and diversify their export base beyond traditional markets in Southern Africa.

By exploring new markets in North, West, Central and Eastern Africa, businesses can tap into previously untapped potential.

The continental free trade area also includes mechanisms to support emerging producers, SMEs, as well as women and youth entrepreneurs, enabling them to participate and benefit from the opportunities it offers.

Deputy President Paul Mashatile will on Tuesday, 4 July 2023, conduct an oversight visit to the Ehlanzeni District Municipality in Mpumalanga.

According to the Deputy President’s Office, the country’s second-in-command will conduct the oversight visit as Chairperson of the Inter-Ministerial Committee (IMC) on Land Reform and Agriculture.

“The IMC’s role is to oversee the implementation of the government’s land reform programme and interventions, as well as build on the successes and lessons learnt to date in the implementation of the social transformation agenda, aimed at creating jobs, economic growth and investment facilitation in the province and the country,” the statement read.

During the visit, the Deputy President will receive a progress report on government’s coordinated response in fast-tracking land reform and agricultural support in the Ehlanzeni District.

The visit will also provide a platform to inform policy-making by identifying key enablers to improve the performance of the government’s service delivery agenda.

The programme will include a briefing by the Mpumalanga provincial government on efforts to accelerate land reform and an oversight visit to the Laughing Waterfall Farming Projects in Nkomazi.

He will also engage with farmers working on state-lease farms and communal areas.

eThekwini Municipality has set up an emergency Joint Operations team to co-ordinate the response to the heavy winds and rains that wreaked havoc in some parts of Phoenix, Inanda, Ntuzuma and KwaMashu (PINK) areas and Folweni on Monday afternoon.

The municipality said emergency and rescue teams have already been dispatched to both areas to assess the extent of the damage and render assistance to families.

“The joint operations team will coordinate assistance, such as machinery, to move debris. A search and rescue team is also being deployed to affected areas. Disaster and emergency teams will be in the area until all affected residents are safely accommodated,” the municipality said in a statement.

The municipality said no injuries or fatalities have been reported at this stage.

For any emergencies, residents are advised to contact the city’s emergency line on 031 361 0000.

Warning of heavy rains and potential flooding

Meanwhile, the KwaZulu-Natal Department of Cooperative Governance and Traditional Affairs (COGTA) has warned communities, particularly those residing in the South Coast, of heavy rains that may result in flooding.

This follows a weather update from the South African Weather Service (SAWS) showing heavy rains, which could lead to potential flooding.

The SAWS forecast on Tuesday placed Ugu District Municipality (encompassing Ray Nkonyeni, Umuziwabantu, Umdoni and Umzumbe Local Municipalities) on orange level 6 alert, which is the second highest warning level.

SAWS forecasted heavy rains that are anticipated to persist from Tuesday through to Wednesday morning.

The forecast warned that eThekwini Metro, along with the coastal areas, will experience widespread showers and thundershowers. The intensity will be moderate, with scattered rainfall.

COGTA warned that Margate and Port Edward have already reported rainfall measurements of 89mm and 49mm respectively since Monday. However, weather models indicate that additional rainfall is expected over the Ugu District Municipality, gradually subsiding early on Wednesday.

“It is crucial to acknowledge the potential risks associated with these heavy rains. Flooding of roads, bridges, and settlements, both formal and informal, is highly likely. The fast-flowing streams and deep waters pose a significant threat to life.

“Moreover, the flooding may cause major disruptions to traffic flow, impacting essential services such as water, electricity, and communication. Additionally, there is a risk of damage to mud-based houses in the affected areas,” the department said.

In response to this imminent threat, the department said it has activated all disaster management services in the affected areas, and the teams stand ready to respond promptly and effectively wherever necessary.

“We strongly advise residents to closely monitor water levels and relocate to higher ground to avoid any potential disasters.  Should residents experience any difficulties, they are urged to contact their local leadership.

“Furthermore, we urge motorists to exercise extreme caution when driving during this period, ensuring the safety of all road users.  Where possible, we urge residents to postpone non-essential travel until the inclement weather subsides,” the department said.

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.

The Department of Employment and Labour’s Director: Advocacy and Stakeholder Relations, Dr Pravine Naidoo, has told a seminar that it is an unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the National Minimum Wage (NMW).

Dr Naidoo was addressing an advocacy seminar in Mthatha, in the Eastern Cape on Tuesday held under the theme “Paying the National Minimum Wage is the Right Thing to Do”.

“If in the context of the implementation of the NMW, the employer reduces hours of work, that will be regarded as an unfair labour practice. The Inspector shall advise the employee to refer the unfair labour practice to the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms of the Labour Relation Act 66 of 1995 (LRA) as amended -sections 191, 193, 194(4) and 195,” Dr Naidoo said.

Naidoo said the NMW does not include payment of allowances such as transport, tools, food or accommodation, payments in kind, board or lodging, tips, bonuses nor gifts unless it is specified in the Sectoral Determinations.

He warned employers to refrain from making deductions without employee/s agreeing in writing or there is a debt specified in the agreement or the deduction is required or permitted by law, collective agreement, court order or an arbitration award or where a deduction is as a result of loss or damage to reimburse the employer.

In dealing with amendments to the Basic Conditions of Employment Act (BCEA), Unathi Ramabulana, told the seminar that Sectoral Determinations established under the BCEA remain effective as they also regulate conditions of employment that are peculiar than what the BCEA provides, whereas the National Minimum Wage Act regulates the national minimum wage that employers should pay to workers.

Ramabulana told the seminar that the CCMA has jurisdiction to conciliate and arbitrate disputes brought directly to it by an employee earning below the threshold (R241 110.59 per year) for any amount owing in terms of the National Minimum Wage Act, a contract of employment, a sectoral determination or a collective agreement.

“An employer who is found to have failed to comply with the NMWA will be fined by a labour inspector an amount equal to twice the value of the underpayment or twice the monthly wage, whichever is greater for first time offenders and an amount equal to thrice the value of the underpayment or thrice the monthly wage, whichever is the greater, for repeat offenders,” Ramabulana said.

Meanwhile, CCMA Acting Regional Commissioner, Christopher Blayi, explained the BCEA and NMWA related disputes referral processes to the Commission. He told the seminar that the Commission offers administrative support to those earning below the threshold.

The three day seminar continues today with businesses, business organisations as well as organised labour.

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.