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The Special Tribunal has confirmed a preservation order against former Transnet Executive Herbert Msagala.

Msagala lost the battle with the Special Investigating Unit (SIU) to have a preservation order, including movable and immovable properties against him, not be made permanent.

The Special Tribunal also declared that assets belonging to Msagala be forfeited to the State to an extent not exceeding R18 460 020, 02.

The assets include 35 luxury vehicles, five properties which includes two farms, and houses in gated estates.

The Special Tribunal further ordered Msagala and his investment trust and family trust, which were cited as respondents, to pay for the costs of proceedings on an attorney and client scale, including the costs of SIU and Transnet’s two counsel.

The interdict imposed by the Special Tribunal on the Transnet Pension Fund not to pay out the pension of Msagala remains in force and is extended until the conclusion of the action proceedings against Msagala in the Tribunal.

The SIU approached the Special Tribunal seeking a final forfeiture of assets which were attached through a preservation order issued on 30 July 2020.

The assets are proceeds of corrupt and criminal activity.

Msagala was engaged in criminal activities with IGS Consulting Engineers, a company which received dubious tenders from Transnet Capital Projects when Msagala was executive.

Head of the SIU, Advocate Andy Mothibi welcomed the order saying this will send a clear message to all those who commit acts of corruption, fraud, maladministration and malpractices.

“As [the] SIU, we will do our best within the law to ensure that they don’t benefit from their acts of malfeasance and we will take steps such as demonstrated in this order to recover stolen money and assets back to the State,” Mothibi said.

The SIU is a forensic and litigation agency tasked with the role of investigating serious malpractice, malfeasance and maladministration in relation to the administration of State institutions, State assets and public money, as well as any conduct which may seriously harm the interest of the State and the public.

Fraud and corruption allegations can be reported on the following platforms: siu@whistleblowing.co.za or hotline 0800 037 774.

Communications and Digital Technologies Minister Stella Ndabeni-Abrahams has implored the SABC Board to consider all possible options with an aim to preserve jobs at the public broadcaster.

Ndabeni-Abrahams made the call during a meeting on Tuesday evening following disturbing developments at the public broadcaster on the day.

The Minister, together with Deputy Minister Pinky Kekana and other senior officials of the department called an urgent meeting with the SABC Board and executive management of the SABC to account to the Minister on the merits of continuing with the retrenchment process currently underway at the SABC.

The meeting also gave the Minister an opportunity to hear from all board members on the proposed retrenchments at the SABC, and to also consider the alternative voices of board members on the matter.

The SABC will this morning appear before Parliament’s Portfolio Committee on Communications to provide an account of the retrenchment process, and any contingencies they have in place to mitigate the current strife with employees and unions.

The Minister will also provide remarks on the matter for considerations by the Portfolio Committee and recommend a way forward.

“I would like to call on the employees of the public broadcaster to exercise restraint and patience during this period of intervention by the Department and Parliament,” Ndabeni-Abrahams said.

The number of COVID-19 cases is now 754 256 after 1 987 new infections were identified on Tuesday.

Meanwhile, the death toll now sits at 20 433 after 119 people succumbed to the respiratory illness caused by the Coronavirus.

Of the additional deaths, 42 were reported in Gauteng, 36 in the Eastern Cape, 22 in Free State, 11 in the Western Cape, seven in KwaZulu-Natal and one in Mpumalanga.

“Of the 118 deaths, seven reportedly occurred in the past 48 hours, three in the Free State and four in the Western Cape,” said Health Minister, Dr Zweli Mkhize.

There are currently 37 003 active cases, with the Eastern Cape leading the pack with 9 890, followed by Free State 8 198, Western Cape 5 494, and KwaZulu-Natal 5 290.

Also, 696 820 patients recuperated since the outbreak which translates to a recovery rate of 92.4%.

The data is based on the 5 160 877 tests of which 17 930 were conducted since the last report.

Global view

The number of new cases being reported globally continues to rise, with almost 4 million new cases in the past week (9–15 November) alone.

According to the World Health Organisation (WHO), the number of new deaths globally has also grown by 11%, with almost 60 000 new deaths reported, of which 81% were in Europe and America.

“Although the European region continues to report the highest number of new cases globally (46%), it has seen a 10% fall in the past week following the strengthening of public health and social measures across the region,” the organisation explained.

However, deaths have peaked substantially with over 29 000 new deaths reported in the past week in Europe.

Meanwhile, America reported a sharp upward trend, with a 41% increase in new cases in the past week.

“The Eastern Mediterranean, African and Western Pacific regions also reported increases in the number of new cases.”

The South-East Asia region, on the other hand, reported a decline in the new cases and new deaths.

Countries recording the highest number of cases in the past week include the United States of America (over 1 million new cases, a 47% increase compared to the previous week), India (306 000 cases, 5% decrease), Italy (242 000 cases, 9% increase), France (203 000 cases, 47% decrease), and Brazil (179 000 cases, 57% increase).

Meanwhile, as of Tuesday, there have been 54 771 888 confirmed cases of COVID-19, including 1 324 249 deaths, reported to the WHO.

The City of Johannesburg (CoJ) has uncovered over 1 500 employees, who fraudulently benefitted from the Special COVID-19 Social Relief of Distress grant, including the child, military veteran and social pension grants.

Executive Mayor Geoffrey Makhubo initiated the investigation, conducted by the city’s Group Forensic and Investigation Services (GFIS).

According to the CoJ, GFIS found that 419 city employees received the R350 relief grant, which has been extended to January, while 1 129 workers illegally received other grants unintended for unemployed people.

“As a City, we have committed ourselves to instil the values of accountability and transparency across the city and at all levels. From the onset, we made a commitment to deal with fraud and corruption across the city, and to ensure there are consequences for wrongdoing,” Makhubo said on Tuesday.

Makhubo’s office has since initiated disciplinary proceedings against those implicated.

Meanwhile, the GFIS has been tasked to share its findings with the Unemployment Insurance Fund (UIF) and the South African Social Security Agency (SASSA) for further action, which may lead to criminal prosecution.

Furthermore, several investigations are undergoing and will be shared with the council and the public once they are finalised.

“We are intolerant of malfeasance and criminal activity. We stand opposed to any form of corruption and remain committed to dismantling the walls of impunity that were erected under the previous administration in the city – brick by brick.”

Makhubo said the fight against corruption is real and in motion.

A few months ago, an Auditor-General (AG) report identified about 30 000 undeserving R350 COVID-19 grant applicants, who received the grant while not meeting the qualifying criteria.

SASSA has been working tirelessly to strengthen its controls and the evaluation of applications.

The Portfolio Committee on Basic Education says the reports on a leaked Mathematics Paper 2 places all learners who wrote the paper under pressure.

“This year, with the disruptions to the academic year due to the outbreak of COVID-19 has already been stressful to the Class of 2020. This will clearly add more stress and it is still early in the examinations,” said Committee Chairperson Bongiwe Mbinqo-Gigaba.

This follows the reports that learners in Gauteng and Limpopo allegedly had access to the Mathematics Paper 2 in the early hours of Monday morning, hours before the paper could be written.

In a statement on Monday, the Department of Basic Education said that it will investigate the circumstances around a leaked Mathematics Paper 2 fully and thoroughly.

The department said the origins of the leak were not clear at the time but the matric candidates who had access to the question paper appeared to be located in Limpopo and Gauteng Provinces.

“The department verified the content of the question paper and found it to be the same as the question paper that was to be written at 9am. The Department of Basic Education is investigating the matter to establish the extent of the leak,” the department said.

The department has enlisted the help of law enforcement authorities to investigate the matter to establish the extent of the leak.

Mbinqo-Gigaba appealed to all Grade 12 learners to act honourably and to put in effort without resorting to cheating.

“Buying or selling a Grade 12 examination paper before it is written is a criminal offence. Both the seller and the buyer are committing a crime,” Mbinqo-Gigaba said.

The allegations of the leak come a few days after the department announced that an undisclosed number of matric pupils in Gauteng and KwaZulu-Natal were caught with crib notes during an examination last week.

The department said it was dealing with the incident and strengthening vigilance in examination centres to protect the integrity of the exam process.

Mbinqo-Gigaba said the committee will ask the Department of Basic Education to brief it on these matters during its next engagement.

The Western Cape has issued an urgent hotspot alert for the Garden Route as COVID-19 cases continue to climb in the area.

“This spike is mainly contributing to the notable growth of active cases in the Western Cape,” the provincial government said.

Meanwhile, the province has also noted an upward trend in George, Knysna and Bitou.

According to the provincial government, George, which currently has 628 active cases, has the highest number of active cases in the province.

George registered most infections over the weekend at 160, followed by Knysna/Bitou at 145 and Mossel Bay 41.

Meanwhile, Hessequa recorded seven new infections.

“Along with the increasing number of cases in the region, we are also seeing the number of hospitalisations increase,” the province said, adding that hospitals still have sufficient capacity to cope with the surge in cases.

However, the provincial government is calling on people to take responsibility to contain the further spread of the virus.

The province said the hotspot team for the Garden Route has increased surveillance, through screening and testing.

“We are also working closely with the municipalities, environmental health teams, and stakeholders in the region to manage and contain the spread. This includes a concerted communications campaign in the area.”

The provincial government is also paying special attention to vulnerable groups, including old age homes.

“We need every single resident of the Garden Route and visitors to the region to help us stop this surge.”

Premier Alan Winde has pleaded with residents to wear their masks at all times when out in public places; avoid gatherings and crowded places, especially with poor ventilation; stay at least 1.5 metres apart, and wash hands with soap and water regularly.

“If you feel sick, stay at home or call the hotline on 080 928 4102,” he pleaded in a Facebook video.

“We can only get the situation under control with your help. Let’s stay safe and keep moving forward.”

Slowing the spread

On Sunday, Health Minister, Dr Zweli Mkhize, expressed concern about the increasing number of COVID-19 cases in the Eastern Cape and the Western Cape.

Mkhize said his department is now watching the two provinces closely.

“This is to indicate now that we have started seeing a little increasing activity in the Eastern Cape and a little bit in the Western Cape,” Mkhize said

The Minister is currently visiting the Eastern Cape to address the issue of cluster outbreaks in the province and has called for urgent action to curb the spread.

“We want to see the numbers subside in the Eastern Cape. We are going to have to find the cluster outbreaks and decrease the spread,” Mkhize said.

Health Minister, Dr Zweli Mkhize, says there is a need to urgently ensure that the outbreaks of the Coronavirus pandemic in the Eastern Cape are dealt with.

“We want to see the numbers subside in the Eastern Cape. We are going to have to find the cluster outbreaks and decrease the spread,” Mkhize said.

Speaking during his visit at Livingstone Hospital in the Eastern Cape, Mkhize said there are a few steps he wants to propose and support in order to move forward.

Mkhize said there are cluster outbreaks that they have to manage aggressively.

“If we don’t do so, that is the beginning of the pandemic getting out of control. It is still very possible that we can suppress this wave and therefore delay the resurgence. We do need to go out into the community and try to reduce this as much as possible,” Mkhize said.

Mkhize said where there is a challenge of the shortage of nurses, that will also need to be addressed.

“Staff exhaustion is an issue of major concern. It is not necessarily the work-load, but the emotional and mental well-being too. The worry of thinking you may infect your loved ones when returning home,” Mkhize said.

Mkhize thanked the frontline staff who have shown commitment in the battle against COVID-19, adding that the turnaround time for testing should not be delayed.

With regard to the PPEs, Mkhize said his department took a decision that for every facility, there should be an Occupational Health and Safety Committee consisting of staff, labour unions and management.

“The reason for this is that we had enough stock in some areas, but the distribution was a problem. I am happy there is no issue this time,” he said.

“We salute our healthcare heroes for the dedication that they have shown throughout the pandemic to help stop the spread of COVID-19,” Mkhize said.

He expressed concerns with regard to the behavior of people not adhering to the regulations.

Mkhize said business organisations that are not complying to COVID-19 prevention protocols should be closed down or fined.

He was visiting the Livingstone Hospital, accompanied by MEC Sindisiwe Gomba and the Mayor of Sarah Baartman, Khunjuzwa Eunice Kekana.

The Eastern Cape has for the past few weeks being experiencing surges in positive COVID-19 cases in a number of districts and sub-districts contributing to a 50% spike in week-to-week numbers.

This prompted urgent action by Minister Mkhize and the National Department of Health to meet with the Eastern Cape provincial government officials to discuss an action plan to deal with the rising case numbers.

Mkhize will continue his visit in the Eastern Cape with inspections of the Nelson Mandela Bay testing site, the Dora Ngiza Hospital and the VW field hospital.

While the latest Quarterly Labour Force Survey paints a dire picture with regards to the unemployment crisis in the country, Employment and Labour Minister Thulas Nxesi believes that the basket of interventions will eventually lead to an improved situation.

“It would be foolhardy to paint a rosy picture, given the figures presented by Statistics South Africa, but the situation is not hopeless.

“In fact, the second quarter figures relate to the time when the lockdown was at the extreme and since then, the economy has opened somewhat, and more industries have since opened,” Nxesi said on Monday.

The latest figures show the second quarter devastation of the pandemic lockdown, which severely affected economic activity, and led to real gross domestic product contraction of 51%; a 47.9% contraction of manufacturing industry output; a 67.6 % drop in trade industry activity; a 76.6% decrease in building of both residential and non-residential buildings, and the halt of construction works.

Nxesi said in the face of all the negative figures, it is pleasing to note the role played by the Department of Employment and Labour, through the Unemployment Insurance Fund (UIF), which gave impetus to the economy through cash injections to workers.

In April and May alone, the department injected R32 billion into the economy to enable workers to survive the worst of the economic meltdown.

However, Nxesi acknowledged that a much more comprehensive government response is critical to lift the economy.

“That is why government has, with the support of social partners at the National Economic Development and Labour Council (NEDLAC) developed an economic reconstruction and recovery plan.

“This should place the country at the threshold of an important opportunity to turn the economy around and unlock the employment creating potential that we seek,” Nxesi said.

The Minister also noted that the most devastating impact has been on youth employment, which has seen the largest increase of 928 000 jobs shed in the 25-34 years age group; with the second largest (562 000) in the 35-44 years age group, and the third largest (416 000) in the 15-24 years age group.

“We are encouraged by the direct and positive intervention by the President, who has announced a Presidential Employment Stimulus designed to support a spectrum of opportunities focused on youth, people with disabilities, and women.

“In the first phase of this programme, government has budgeted R19.6 billion for the 2020/2021 financial year.  This is in addition to the existing employment programmes of government.

“More importantly, it will bring young people into the economic sphere, which is critical at the moment,” the Minister said.

Other entities of the department, who are also involved in the effort to mitigate the worst effects of the economic contraction, include:

• Productivity SA, which is involved in supporting companies in distress through the funds injection of R140 million from the UIF;
• The normal Temporary Employer/Employee Relief Scheme, which continues to provide support to companies in distress so that they can apply for funding to be able to pay part of wages and salaries, which is also funded by the UIF;
• The Commission for Conciliation, Mediation and Arbitration (CCMA), which has been working closely with companies and has helped save 20 434 jobs this year to date, from a possible 53 702 retrenchments, especially in the mining and transport industry; and
• The Compensation Fund, which has to date received 11 233 claims and has overseen a process of disbursing over R13 million for sickness, injury or fatalities on duty during the pandemic.

Nxesi said one of the critical pillars of government’s economic recovery plan, which has the potential for creating employment, is in the area of infrastructure development, whose focus will be on investment, delivery and maintenance.

To achieve this, the Minister said government is soliciting and attracting private sector investment in the delivery of infrastructure, as part of building broad-based public-private partnerships, as well as through the South Africa Investment Conference (to be held from 17 – 18 November 2020).

“The criticism has in the past been that government is good at drawing up plans, but not so good at implementing.

“That is what makes the current recovery plan different: the attention to process, coordination, monitoring and evaluation, and implementation – what the President refers to as ‘joined up government’, so that we no longer work in silos, but combine our efforts and resources to maximise outcomes and service delivery to our people,” Nxesi said.

The Department of Employment and Labour’s Inspection and the Enforcement Services Unit in the North West have raised concerns at the high level of non-compliance in the agricultural sector.

This follows blitz inspections in different sectors around the Dr Kenneth Kaunda District municipality.

The week-long inspections focus on compliance with Occupational Health and Safety (OHS), the National Minimum Wage (NMW) and the Basic Conditions of Employment Act (BCEA); and will see a number of sectors including hospitality, wholesale and retail, and agriculture being inspected.

“When we started, we did most of the inspections in this sector. We are aware that this is one of the most problematic sectors when it comes to compliance with the labour legislation and its prescripts. Indeed, we found a high number of non-complying establishments and this is not good,” Provincial Chief Inspector Boikie Mampuru said.

According to Mampuru, the province is concerned about the high level of non-compliance in the agricultural sector.

He said that most of the notices that were issued were amongst others for non-compliance with the National Minimum Wage Act, General Safety Regulations, Driven Machinery Regulations, Electrical Installation Regulations, Facilities Regulations and Environmental Regulations for the workplace.

Mampuru reiterated that the province will do everything it takes and will be guided by prevailing labour legislation to ensure that the employers comply to protect employees who are the ones who suffer at the end of the day.

The blitz inspections are expected to continue until Friday.

Deputy Minister to engage employers on economic growth

Meanwhile, the Department of Employment and Labour Deputy Minister Boitumelo Moloi and Director-General Thobile Lamati, will on Friday host a breakfast engagement session with employers and other stakeholders in Klerksdorp, North West Province.

The purpose of the breakfast session is to create a platform for strategic discussions on creation of partnerships that will boost the economy and employment of the region, and also create a conducive environment for economic growth, as the department believes that a “favourable economic environment would be a catalyst for job creation”.

“Different stakeholders in both private and public sectors have been invited to work together with the department and to also assist in developing the turn-around strategies to increase productivity levels and job opportunities in the area,” the department said.

Day of service delivery

The breakfast engagement session will be followed by delivery of a package of the department’s services to communities, in partnership with other government departments within the province.

The day of service delivery, to take place on Saturday, will focus mainly on the much needed services of the department, including Unemployment Insurance Fund (UIF) and the Compensation Fund (CF), as exacerbated by COVID-19 pandemic.

On this day, the department said it aims to reduce the long queues experienced by both labour centres in Klerksdorp and Potchefstroom, by ensuring that claims are processed and paid on the spot, if all the relevant documents are provided.

This is part of the Deputy Minister and the Director-General’s efforts to bring services closer to communities, hence the project is named ‘Taking Department of Employment and Labour’s services to the people’.

The Portfolio Committee on International Relations and Cooperation has expressed concern at the potential effect the Bushiri escape may have on diplomatic relations between South Africa and Malawi.

This comes after Shepard Bushiri and his wife, Mary, escaped South Africa last week without a valid explanation and while out on bail.

The Pretoria Magistrates Court on Monday issued a warrant of arrest for the couple after they contravened their bail conditions last week.

This comes after the two had failed to present themselves at the police station to confirm that they are still in the country, as per their bail conditions. It is understood that they illegally fled to Malawi, their native country, last week.

In a statement on Monday, the Hawks said the Bushiris’ bail is cancelled, thus forfeiting the R400 000, which they had collectively posted as bail.

In a statement, committee chairperson, Tandi Mahambehlala, said it was important that relevant departments in both jurisdictions resolve the matter expeditiously.

“It cannot be appropriate for Mr Bushiri to pit regional trade partners against each other. Malawi and South Africa historically have strong bilateral and regional ties that ought to be strengthened and respected.

“The claims of xenophobia Mr Bushiri made in seeking sympathy from his government are a concern, and could potentially compromise South Africa at a time when it should lead recovery of regional economies,” Mahambehlala said.

She called on people not to lend credence to a story about the Malawian President smuggling Bushiri out of the country at the conclusion of his State visit on Friday last week.

“This matter has been clarified by both countries and if perpetuated further, it may unjustly compromise President Lazarus Chakwera,” she said.