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Basic Education Minister Angie Motshekga has welcomed the arrest of a 17-year-old minor for allegedly raping a Grade 7 learner in Bulwer, KwaZulu-Natal, on Monday.

In a statement issued on Wednesday, the Department of Basic Education (DBE) said police indicated that the 12-year-old learner was reportedly raped after having left school to go home to fetch her face mask, which she had forgotten.

“We commend the swift action by Donnybrook SAPS [South African Police Service] in apprehending the 17-year-old suspect and the seriousness with which they are handling the case. The department will continue to ensure that the leaner, who is a minor, receives the necessary psycho-social support from the District Auxiliary Support Services and her identity is protected as she comes to terms with this painful ordeal.

“Rape is a crime, whose perpetrators deserve the stiffest punishment. The rape of this learner once again shines the light on the scourge of gender-based violence ripping our communities apart. We reiterate our profound sadness and anguish over this painful and shameful event. GBV is a profound human rights violation, with major social and developmental impacts for survivors of violence, as well as their families, communities and society more broadly,” said Motshekga.

On an individual level, said the department, GBV leads to psychological trauma, and can have psychological, behavioural and physical consequences for survivors.

“Many survivors of GBV, and rape in this particular incident, are unable to access the help they need. Families and loved ones of survivors can also experience indirect trauma, and many do not know how to provide effective support,” the department said.

As of Tuesday, South Africa had 215 855 COVID-19 cases of which 10 134 were reported in the last 24 hours.

Meanwhile, the country also recorded its darkest hour since the outbreak after 192 lost their lives, bringing the death toll to 3 502.

Of the additional fatalities, 75 are from Gauteng, 44 from the Western Cape, 36 from the Eastern Cape, 22 from KwaZulu-Natal and 15 from Limpopo.

“We convey our condolences to the loved ones of the departed and thank the healthcare workers who treated the deceased,” the Health Minister, Dr Zweli Mkhize, said.

In addition, 102 299 people have recuperated, which translates to a recovery rate of 47.4%, while 1 907 532 tests have been conducted.

Gauteng, which is expected to be an epicentre in a few days, is catching up to the Western Cape after their number of infections grew by 4 597 on Tuesday.

The Western Cape remains the worst-hit province for now with 72 156 cases, followed by Gauteng 71 488, Eastern Cape 40 401 and KwaZulu-Natal 16 743.

The North West has 6 842 cases, Free State 3 034, Mpumalanga 2 353, Limpopo 1 950 and Northern Cape 888.

According to the World Health Organisation, there are 11 500 302 cases globally and 535 759 deaths.

The National Joint Operational Structure (NatJoints), consisting of various government departments has issued directives to law enforcement agencies to activate contingency plans ahead of a national truck shutdown.

Directives have been issued to law enforcement role players, including the South African Police Service (SAPS) to activate contingency plans across all provinces to ensure that the planned shutdown is policed efficiently.

The planned shutdown was preceded by sporadic attacks on trucks on various national roads across provinces. There has also been social media messages calling for the disruption of traffic and attacks on local trucks driven by foreign nationals at a time when there is high unemployment in the country.

In a statement on Tuesday, NatJoints said the SAPS  and all law enforcement agencies will continue to apply fundamental policing principles guided by the Constitution, the Gatherings Act 1993 (Act 205 of 1993) as well as the current State of Disaster Regulations.

“There will be zero tolerance to any intimidation against truck drivers as well as other road users. Law enforcement will ensure that there are no criminal activities and that the lives of law-abiding citizens are not put in danger,” said NatJoints.

It said a Task Team established by the President consisting of the Ministers of Home Affairs, Employment and Labour, South African Police and Transport were fully briefed on the outcomes of the Road Freight and Logistics Task Team virtual meeting convened by the KwaZulu Natal Premier’s office.

Other participants included the Independent Trucking Business representatives and the National Truck Drivers Foundation (NTDF).

The All Truck Drivers Foundation (ATDF) did not attend the meeting despite being invited.

NatJoints said it has noted the progress detailed in the Action Plans of both the National and the KwaZulu-Natal Provincial Task Teams that we set-up last year. It urged officials to continue to resolve all outstanding matters and to process these reports within the NatJoints structures.

It also noted concerns of the independent trucking industry representatives and urged them to work closely with the law enforcement agencies.

“We appreciate the NTDF‘s continued participation in the Task Team and denouncing the violence and distancing themselves from the planned shutdown,” NatJoints said.

Splinter groups

NatJoints also expressed dismay at the actions of splinter groupings that continue to involve themselves in sporadic violence against trucks on national roads, as well as threats made on social media coupled with calls for a shutdown.

“We have instructed the police to deal decisively with those involved as we cannot tolerate further disruptions to the economy after the lockdown we had. We are restating our call upon the independent trucking employer representatives and former workers representatives to form legitimate organisations that are accountable, register accordingly and join formal structures such as the Road freight Bargaining Council.”

Engagements with bargaining council

NatJoints is also encouraged by Tuesday’s virtual meeting with the Road Freight Bargaining Council together with employer organisations and union representatives.

The meeting sought to address concerns following the shutdown call.

“We acknowledge the growing public concerns around the continued presence of foreign nationals in the trucking, security, agriculture, construction, hospitality and domestic sectors amongst others in the mist of high unemployment rate in the country,” it said.

Key to the outcomes of the meeting:

• Is the total condemnation of violence by all stakeholders
• The task teams to continuously meet under the leadership of the Ministry of Employment and Labour and the Bargaining Council
• The fast tracking of all labour and emigration policies

The meeting noted with concern steps being initiated by some Southern African Development Community (SADC) member states to reserve low skilled sectors for their nationals.

The Employment and Labour and Home Affairs departments were urged to fast track the international immigration and labour migration management policy and legal matters to escalate these matters to Cabinet.

“We will also address some of these matters with our counterparts within the SADC and the African Union. We call on Road Freight Industry workers to air their grievances and to stage protests within the confines of the law as it is within their right to do so.

“Protesters are also reminded that the country is still under the State of Disaster and the public has to abide by the Disaster Management Regulations which are governing the State of Disaster, one of which prohibits gatherings other than a funeral, church service and gathering for work-related purposes,” NatJoints said.

The Competition Tribunal has slapped pharmacy group, Dis-Chem, with a R1.2 million fine for excessively overpricing surgical masks during the COVID-19 pandemic.

This comes after the company was found guilty following complaints registered by the public.

In its order and reasons, the Tribunal found that Dis-Chem contravened the Competition Act for charging excessive prices for three types of surgical face masks to the detriment of consumers during March 2020.

The Tribunal considered the background to the COVID-19 pandemic as the economic context in which Dis-Chem had increased its prices on three occasions. This included, among others, the fact that the virus was spreading globally and at an alarming rate.

According to the Tribunal, the Competition Commission (the Commission) has established that Dis-Chem exerted market power in its pricing of the face masks by increasing its prices to significant levels in the context of the COVID-19 pandemic. One such increase took place on the very day that South Africa’s first COVID-19 case was announced.

“We find that in the context of a global health crisis, with excess demand of surgical masks considered to be essential in the fight against COVID-19, Dis-Chem has demonstrated that it enjoyed and exerted market power by materially increasing its prices, without a significant increase in costs, and significant increase in margins. But for the economic conditions brought about by the outbreak of COVID-19, it would not have been able to implement such material price increases in surgical masks,” said the Tribunal.

The Commission, said the Tribunal, has shown a prima facie case of excessive pricing in relation to the three types of face masks.

The Tribunal has found that Dis-chem failed to show that its price increases were reasonable.

“In our view, Dis-Chem’s massive price increases of surgical masks during the complaint period, which constitute an essential component of life saving first-line protection in a pandemic of seismic proportions, without any significant increases in costs, are utterly unreasonable and reprehensible.

“Accordingly, we find that Dis-Chem has failed to show that its price increases for SFM50 and SFM5 and Folio50 were reasonable in the circumstances of the COVID-19 pandemic.”

Detriment to consumers 

The Tribunal has concluded that the Commission has shown that Dis-Chem has engaged in excessive pricing to the detriment of consumers.

Material price increases of the magnitude of 47%-261%, without corresponding increases in costs, of any goods in a country such as South Africa, with a long history of economic exclusion and deep inequality, would seriously affect the public interest adversely.

“Material price increases of surgical masks, without corresponding costs justifications, in the context of COVID-19, for which there is no discernible cure and where health services are skewed towards the wealthy, would seriously impact vulnerable and poorer consumers even more. Poorer customers would have been excluded from accessing the masks by such exorbitant increases, other customers would have spent more on these items as a percentage of their disposable income,” reads the statement.

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

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

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

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

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

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

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

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

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

Over 1 000 claims received from Compensation Fund

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

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

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

Two more police stations have been shutdown due to members of the South African Police Service (SAPS) testing positive for COVID-19.

“All communities serviced by Brooklyn and Vereeniging SAPS are advised that the police stations have been temporarily closed for decontamination after some members of the SAPS from both stations tested positive for COVID-19.

The temporary points of operation for the stations are as follows:

• Services for Brooklyn police station will be rendered from the Boardroom at the Brooklyn SAPS Firearm Centre, right next to the main building until the station reopens on Wednesday, 8 July 2020.
• The Vereeniging Community Service Centre will operate from the Loss Management Offices flat no 8, Old Married Quarters, behind the police station.

The community is advised to call 10111 for all emergencies and complaints which needs to be attended by the Vereeniging police station.

“Both buildings will undergo decontamination and the community will be informed when the stations will be operational again,” the SAPS said.

The Passenger Rail Agency of SA (PRASA) has appointed Willie Mathebula the acting Group Chief Procurement Officer (GCPO) with immediate effect.

“Mathebula had been seconded from national Treasury, where he had previously been acting Chief Procurement Officer. He has been tasked by [the administrator of PRASA Bongisizwe] Mpondo to clean up Supply Chain Management (SCM), which has so far been the epicentre of PRASA’s challenges,” the entity said on Tuesday.

The challenges include non-payment of service providers, which has led to some small and medium enterprises (SMEs) taking PRASA to court to demand payment, while others have experienced cash-flow issues, which have threatened the livelihoods of their employees.

“Mathebula has also been mandated to address SCM leadership challenges. He has to provide a clear interpretation and application of the regulatory framework, policies and procedures, and also provide solid leadership to the team. This will include ensuring that decisions are not centralised on the GCPO, as has been the case in recent past,” PRASA said.

Other issues to be addressed include project delivery, which has led to PRASA being unable to roll out critical capital expenditure (capex) projects.

The agency currently has over R20 billion in unspent capex, leaving it with an aged and ageing infrastructure.

Mathebula also has a mandate to address SCM-related audit findings, as reported by the office of the Auditor-General, and to ensure consequence management.

In December, PRASA’s interim board was dissolved by Transport Minister Fikile Mbalula and placed the entity under administration.

Mathebula, a seasoned procurement practitioner, has been a member of the Technical Advisory Team to Mpondo since February 2020.

He assumes the position, which was left vacant by the departure of Keabetswe Mpane.

The Select Committee on Cooperative Governance and Traditional Affairs, Water and Sanitation and Human Settlements has extended its heartfelt condolences to the family of the late North West Cooperative Governance, Human Settlements and Traditional Affairs MEC, Gordon Kegakilwe.

Kegakilwe passed away on Monday after a short and serious COVID-19-related illness.

Chairperson of the Select Committee, China Dodovu, said Kegakilwe’s death has robbed the people of the North West and South Africa of a dedicated servant who was committed to ensuring a better life for all.

“While we are saddened, we must remain grateful for the work he has done,” Dodovu said in a statement on Tuesday.

Dodovu also noted that Kegakilwe’s death comes at a critical time when the department he was leading was saddled with a heavy responsibility of turning around the municipalities in the North West province.

“We had engaged MEC Kegakilwe late last year and he had committed to ensuring that municipalities in the North West that were placed under Section 139 of the Constitution are returned to functionality for the benefit of the people of North West. The committee extends its heartfelt condolences to the Kegakilwe family,” Dodovu said.

Eskom interim Chairman, Professor Malegapuru Makgoba, has been appointed to serve on the 12-member expert panel of the Data and Safety Monitoring Board for the first COVID-19 vaccine clinical trials.

In a statement on Tuesday, the power utility congratulated Makgoba who also serves as South Africa’s Health Ombud on his appointment.

“We are proud that an African scientist associated with Eskom has been given this recognition and are confident that Professor Makgoba will lend his skill to the fight against the pandemic and discharge his scientific expertise to the benefit of all humanity,” said Eskom.

This as positive cases of the virus surpassed the 200 000 mark in South Africa on Monday.

Professor Makgoba has been invited to serve on the panel by the government of the United States of America (USA). The professor will join nine scientists, physicians, ethicists and biostatisticians from the USA, and two experts from Brazil and the United Kingdom.

Members of the board are selected based on their expertise and experience.

The Data and Safety Monitoring Board is responsible to ensure the safety of participants, the efficacy and immunogenicity of the candidate vaccine being tested or on trial, and it is the final structure to pronounce on vaccine approval.

The recommendations of the board will have an enormous impact on the overall global response, including South Africa’s to the COVID-19 pandemic.

The board is independent of investigators, organisations, and institutions conducting vaccine clinical trials.

The board has the authority to recommend that a trial be stopped early should there be concerns of participant safety.

”Finding a safe and efficicatious vaccine is the ultimate goal that has bcome a global emergency, to significantly impact and to change the course of the COVID-19 pandemic that has caused so much devastation and misery to the whole of humankind and the future of the world,” said Eskom.

While millions of learners in Grades R, 6 and 11 went back to school across the country on Monday, their peers in the Eastern Cape remained at home.

According to the circular signed on Sunday by Superintendent-General of the Department of Education in the Eastern Cape, Themba Kojana, Grades 3, 6 and 11 will now reopen on 20 July.

This is due to the spike in the number of COVID-19 infections in the province.

Those who will also be going back to school on 20 July are learners from schools of skill’s years 2 and 3, those with severe and profound intellectual and severe intellectual disabilities, and autistic learners doing their final year.

Meanwhile, Grade R learners will only return to the classroom on 17 August.

“As indicated before, the Coronavirus pandemic remains a very fluid situation, which is constantly monitored, and which necessitates decisions to be evaluated and reviewed, as the situation changes.  The increase in the number of infections has again necessitated the education sector to review its plans for the phasing in of grades,” said Kojana in the circular.

Heads of Departments, Council of Education Ministers and Councils of the Departments of Education have considered the decision.

Meanwhile, Grades 4, 9, 10 will reopen on 27 July, while Grades 5 and 8 will open its doors on 3 August and Grades 1 and 2 will go back on 10 August.

Phasing in of grades and teaching

However, according to the circular, schools that have applied and granted permission to accelerate the phasing in of grades may continue to do so.

“Grades that have been accelerated must be retained in school and schools that are ready for the accelerated phasing in of learners and who have not applied may do so.”

In addition, all approved exemptions from school attendance remain valid.

Kojana also encouraged teachers to find creative ways to teach despite the financial challenges that many schools face.

“We understand that in communities, principals are the first ones to receive the complaints, and are often expected to provide all the answers. In these difficult circumstances answers are not always readily available, as we all face a very fluid situation, and often rely on answers which are outside of our competencies,” he said.

He urged principals to keep working hard.

During a media briefing on Sunday, Basic Education Minister Angie Motshekga said the Western Cape, Eastern Cape and Gauteng provinces recorded the highest number of COVID-19 infections for both teachers and learners.

The Minister said 11 teachers, four non-teaching staff and three learners in the Eastern Cape succumbed to COVID-19.

As of Monday, the province remained the third worst hit province with 38 081 cases and has the second-highest fatalities in the country with the death toll of 528.