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HOW THE SABC SPY ON ITS EMPLOYEES WITH THEIR CONSENT

The Public Broadcaster can spy on its employees, with consent.

The following clause has been found in the employment contracts of a number of SABC Employees:

HRSSC/FTCG00/JA l2017

4.1.9 to consent the SABC (sic) to intercept, monitor read, block or act upon any of
the Employee’s electronic and other communications which shall include, but not be
limited to, telephone conversations, emails and any stored files. A copy of Sections 5 and 6 of
the Regulation of Interception of Communications and Provision of
Communication-Related Information Act No. 70 of 2002, is available on request from the SABC’s human
resources department.

When a job seeker is most vulnerable, applying for employment, this clause is included in the contract.

Who is going to brave enough to turn down a job disagreeing with a clause in a contract?

What is more shocking is the blanket consent to interception of communications.

The clause does not limit interception to the workplace only. The consent is for “any” of the employee’s communication, which include, but is not limited to private telephone calls and emails. It include SMS, Whatsapp and any stored files.

If you are a job seeker, do not consent to this gross invasion of your privacy by the SABC. If you have signed such a contract, please get in touch with us by sending your contract to headoffice@bemawu.org.za.

We will take up the matter on your behalf.

 

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SABC LIKE A BROKEN RECORD

It is with shock and anger that we note the latest scandal unfolding at the public broadcaster, again, caused by non-employees of the SABC…the Board.

On the sixth of November BEMAWU wrote an email, requesting that the SABC follow a transparent process in filling the top 3 positions at the broadcaster.

We have not received a response from the SABC. And we are currently contemplating bringing a court application to compel the SABC to follow a transparent and open process, when appointing it’s executives.

The SABC is like a broken record. It once again finds itself on a slippery slope, and failing correction, employees will once again suffer the consequences of the instability created by the Board.

We commend Ms Kalidass for her courage to speak up, and regret that she has resigned. The SABC needs more people of her caliber to serve on the board.

We call for the urgent intervention of the Portfolio Committee, as well as the Communications Minister to speedily resolve this latest crisis. We are asking for measures to be put in place whereby the Board can be closely supervised by the Portfolio Committee, at least until there is proper stability.

From: BEMAWU OFFICE [mailto:headoffice@bemawu.org.za]

Sent: Monday, November 06, 2017 10:32 AM

To: Nomsa Philiso <philisonp@sabc.co.za>

Subject: NAMES AND CV’S OF APPLICANTS WHO APPLIED FOR THE TOP 3 POSITIONS AT SABC

The Group Chief Executive

SABC

Auckland Park

JOHANNESBURG

Ms. Nomsa Philiso

Dear Madam,

This serves as a request to bring the contents of this email to the attention of the SABC Board.

The Broadcasting, Electronic Media & Allied Workers Union (BEMAWU) is calling on the SABC Board to publish the names, qualifications and CV’s of all the applications it received for the positions of Chief Executive Officer, Chief Operating Officer and Chief Financial Officer. The Public Broadcaster is a national asset, belonging to the people of South Africa and we believe it is only fair the very same people are aware of who applied for those positions, and to follow the appointment process of the best candidates. We believe the same public scrutiny process must be followed as was done in the instance of the Board to remove any bias and suspicion of improper decisions when filling the top three positions.

As no appointment has been made as yet, we urge the Board to confirm in writing to BEMAWU it will make public the names of the Applicants and their CV’s on the SABC’s website within seven (7) days from this communique.

Kindly also provide us with a contact email address of the Board.

Sincerely,

Hannes du Buisson

BEMAWU

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INTERIM BOARD PAYMENTS

THE GENERAL MANAGER

EMPLOYEE RELATIONS

SABC

JOHANNESBURG

Dear Sir,

Kindly confirm whether the SABC Interim Board

  • has been paid for the six (6) months they have been in office,
  • and if so, how much were they paid?

The information is not privileged, as it will be published in the Annual Financial Statements of the SABC.

Awaiting your urgent response.

 

BEMAWU

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DISPUTE | 10% INCREASE

Dispute to SABC in respect of 10% Salary Increase.

THE GENERAL MANAGER

GROUP EMPLOYEE RELATIONS

RADIO PARK

CNR ARTILLERY & HENLEY ROADS

AUCKLAND PARK

2092

DISPUTE | MUTUAL INTEREST | SALARY INCREASE

Dear Sello,

The Salary Negotiations of July 2017, our letter of 13 October 2017 and the several meetings we had thereafter refers.

Further to these meetings and interactions we wish to confirm we have reached a dead-lock on our demand for a ten (10) percent salary increase across the board for BEMAWU members.

OUR DEMAND

BEMAWU members (and only members of BEMAWU) demand an increase of ten (10) percent increase across the board, backdated to 1 April 2017.

YOUR OFFER

The SABC has offered BEMAWU members no increase at all (0%)

DEADLOCK

Since both parties have not moved from these respective positions, and/or there is no agreement, the parties have reached stalemate, and is therefore in deadlock. To break the deadlock and to settle this dispute, the SABC is required to increase the salaries of BEMAWU members with ten (10) percent, and backdate such increase to 1 April 2017.

Should the dispute not be settled, BEMAWU members may exercise their rights to embark on a strike.

We await your invitation to a dispute resolution as per the Collective Agreement between the parties. Should the SABC not schedule the dispute resolution within the prescribed period, we will proceed to refer the dispute to the CCMA for Conciliation.

BEMAWU HEADOFFICE

 

Letter to SABC Dispute 10%

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CCMA CERTIFIED STRIKE AS PROTECTED

From: Shimane Kgantse <shimanek@CCMA.org.za>Date: 27 October 2017 at 12:00:13 SAST

To: “booysen.mashego@yahoo.com” <booysen.mashego@yahoo.com>

Cc: “headoffice@bemawu.org.za” <headoffice@bemawu.org.za>, “mogalanet@gmail.com” <mogalanet@gmail.com>, Boitumelo Fatane <BoitumeloF@CCMA.org.za>

Subject: FW: GAJB20270-17- CWU vs SABS Soc Limited heard on 18 October 2017 at CCMA National Office
Dear Mr Booysen

 

Thank you for your mail.

 

The view of the Commissioner Madubanya who facilitated the wage dispute is that she did not get an opportunity to mediate over the dispute. We are mindful that legally there’s nothing precluding the Trade from embarking on a protected strike since thirty days has lapsed from the date of the referral. We however request you indulgence and provide us with an opportunity to have a mediated session with the parties before exercising your rights.

Looking forward to your positive response. 

Regards

http://ccmaftp.ccma.org.za/20yrCCMALogo.jpg

Shimane Kgantse

Acting Senior Commissioner Collective Bargaining 

Telephone: +27113776733

Fax2Email: 086 506 9557

Cellphone: 071 306 5407

Call Centre: 0861 16 16 16 | Website: http://www.ccma.org.za
SENZ’UMEHLUKO – MAKING A DIFFERENCE 

From: Boitumelo Fatane 

Sent: 27 October 2017 11:44 AM

To: Shimane Kgantse <shimanek@CCMA.org.za>

Subject: FW: GAJB20270-17- CWU vs SABS Soc Limited heard on 18 October 2017 at CCMA National Office

  

From: Booysen Mashego [mailto:booysen.mashego@yahoo.com] 

Sent: 25 October 2017 04:00 PM

To: Boitumelo Fatane <BoitumeloF@CCMA.org.za>

Cc: BEMAWU HEADOFFICE <headoffice@bemawu.org.za>; Thabo Mogalane <mogalanet@gmail.com>

Subject: Re: GAJB20270-17- CWU vs SABS Soc Limited heard on 18 October 2017 at CCMA National Office

We refer to the above matter and apologies for the delay to revert to you. We met on Thursday, 18 October 2017 with SABC, unfortunately parties could not agree on the settlement proposal. Kindly issue the certificate of non- resolution. 

Yours Faithfully

 

Booysen Mashego

National Legal Officer

  

On Tuesday, October 24, 2017, 2:52:12 PM GMT+2, Thabo Mogalane <mogalanet@gmail.com> wrote: 

———- Forwarded message ———-

From: Boitumelo Fatane <BoitumeloF@ccma.org.za>

Date: Tue, Oct 24, 2017 at 2:32 PM

Subject: GAJB20270-17- CWU vs SABS Soc Limited heard on 18 October 2017 at CCMA National Office

To: “booysenm@cwu.org.za” <booysenm@cwu.org.za>

Cc: “mogalanet@gmail.com” <mogalanet@gmail.com>

Dear Mr. Mashego

Commissioner Duduzile Madubanya indicated that we will receive feedback from parties on the 20th of October 2017.

Kindly give us feedback of the above mentioned matter.

Your assistance in this regard will be highly appreciated. 

Kind Regards,

Boitumelo Fatane

HO-Case Management Officer: Mediation 

Telephone: +27113776937 

Call Centre: 0861 16 16 16 | Website: http://www.ccma.org.za

Gauteng

 
SENZ’UMEHLUKO – MAKING A DIFFERENCE

 

 

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SABC CLAIM OF UNPROTECTED STRIKE FANCIFUL

This morning at approximately 09:40 BEMAWU received a letter from the SABC alleging the strike at the SABC is unprotected. 

BEMAWU vehemently denies this. We are in posession of a letter from the CCMA confirming our strike is protected and we may proceed with a strike. 

We nevertheless are in process to again confirm legally, in addition to the CCMA comminique that we are protected. 

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UPDATE ON STRIKE

BEMAWU today met with a delegation of the Board and Management to attempt to resolve the 10% wage demand.

Our expectation was, given the urgency of the matter, the Board would come with an offer as they discussed this and the pending strike in their three day meeting.  We were met by what appeared to be a semi hostile Board delegation which spent 20 minutes of the 1 hour meeting to try and lambaste BEMAWU  for sharing voice clips of the previous meeting with you, the members.

It was agreed to park that particular issue and get on with the businesses of the day.

The Board delegation was adamant they will not personally negotiate with BEMAWU, but merely wanted to inform us they want to reopen negotiations, and follow the normal process of putting together a management team to negotiate, securing a venue, bringing representatives from the Regions and restart, from scratch negotiations.

BEMAWU made it clear we will not agree to that process. We in fact informed the delegation we are past the stage of negotiations, and insisted mediation must take place tomorrow, (2 November 2017) where we obtain the services of a mediator, which we offered to pay for, should there be a cost involved. It was then agreed the SABC will make available a delegation, and so will BEMAWU to meet at 09:00 tomorrow (2 November 2017) and we will proceed, with or without a mediator to attempt to resolve the impasse.

We reported back to members and on behalf of management requested that the strike be suspended with one day to allow for the process to unfold. The members refused, and we reported that to Management. As we were concerned about the SABC, we proposed to management that we immediately (16:30) starts with mediation and negotiations to try and resolve the impasse, and that we continue through the night, if necessary. Management were unfazed by our plea for urgency. They insisted on tomorrow, at 09:00.

The strike is fully protected, and any employee or other trade union member may participate in the strike.

This strike is not only about a salary increase. The strike is also about unresolved grievances, unprocedural restructuring, abuse by management, unilateral change to shift rosters, unilateral change to terms and conritions of employment, abuse of staff in that freelancers are working for years now without any medical aid, pension ,leave, sick leave and other benefits. The strike is about the attitude of management in dealing with staff.

Most importantly, its about the future, and future treatment employees can expect from the SABC.

If the SABC is allowed to get away with a 0% increase, what is next?

  • Your 13th cheque?
  • The cancellation of their contribution to your medical aid? Will employees be able to then afford medical aid?
  • Taking away SABC contribution to your pension fund?
  • Another 0% next year?

Let us all withhold our labour, and make this strike as effective and short as possible.

We are the SABC!

We carried it, we continued to broadcast, we tried to upheld its integrity, its independence, its operations, its reputation, its well being  whilst being dismissed, victimised and intimidated by the previous political regime. We deserve respect.  We are not 5 year visitors, we are upstanding, professional men and woman, journalists, broadcasters, support staff, fathers, mothers, grandparents,  human beings…we deserve to be paid for our labour.   #WeAreSABC!

(Please note, our only official demand is a 10% increase. We are not adding demands like the unilateral restructuring  or anything else to the demands. These issues are principle, underlying issues)

Please use #WeAreSABC in all tweets!

JOIN THE STRIKE

  1. The strike is protected.
  2. All BEMAWU members, SABC staff, managers and other union members are entitled to participate.
  3. The strike starts at 06:00 tomorrow morning, 2 November 2017.
  4. Further communication will follow tomorrow.
  5. Join the applicable group hereunder.

STRIKE GROUPS

Gauteng Strike Group

Mpumalanga Strike Group

Western Cape Strike Group

Northern Cape Strike Group

Tshwane Strike Group

Limpopo Strike Group

Freestate Strike Group

Eastern Cape Strike Group

KZN Strike Group

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UPDATE ON SABC STRIKE | 1 NOVEMBER 2017

BEMAWU will meet with the Board today at 14:00.

CWU unconditionally withdrew their notice to strike. We proceed until we receive a different mandate from members.  We intend having a feedback meeting today, after our meeting with the Board. We will keep you informed of the time and venue.

ONLY if you have not done so previously, please go to the form below and update your mobile phone details.

MOBILE NUMBER UPDATE

MOBILE NUMBER UPDATE











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STRIKE FAQ’S

We have received questions in respect of the looming strike at the SABC. We will attempt to answer those questions as comprehensively as possible. For more questions, please post in comments.

AM I FORCED/COMPELLED TO STRIKE?

Absolutely not. It is a democratic choice, and no-one may or will compel or force you to strike. If you do not support the demands or you don’t want any salary increase, you don’t have to strike.

WHO CAN PARTICIPATE IN THE STRIKE?

Every union member and every employee of the SABC can participate in the strike and will be protected. This include employees on middle management and non-unionized employees.

MUST EMPLOYEES WHO ARE NOT PART OF A UNION GIVE NOTICE?

No. The Constitutional Court in SATAWU v Moloto ruled there is no requirement for individual members who wants to participate in a strike to give notice. All is required is a notice must be issued 48 hours before the commencement of the strike, and it need not specify precisely which employees will participate in the strike.

WILL THERE BE ANY VIOLENCE/INTIMIDATION IF THE STRIKE CONTINUES?

Absolutely not. We do not believe in violence and intimidation. Members coming to work will not be intimidated or harassed. If every employee simply withhold his or her labour, staying away from work for one or more days, will be super effective and the strike will end quickly.

IF I DO NOT SUPPORT THE STRIKE, MUST I RESIGN FROM THE UNION?

No, you don’t have to. In any event, a member must give one (1) calendar month notice. By the time your resignation is effective, the strike, if there will be one, will be over.

WILL AN INCRESE, IF ANY, ONLY BE GIVEN TO UNION MEMBERS?

This is certainly an approach we will take. In particular at this time where the SABC is in a difficult situation. We believe we will be able to quickly get out of the financial mess, as the SABC has the potential to generate revenue fast, with the correct leadership.

ARE WE NOT UNREASONABLE TO DEMAND 10% AND CALL A STRIKE?

You, the members gave us that mandate. We do not believe it’s unreasonable to demand an increase. We are a service provider, and a very important one too. If Isidingo is not getting paid, there will be nothing on air. If the SABC does not pay it’s electricity, there will be no broadcast. Freelancers received a 6% increase. Its only loyal, hardworking employees who received …nothing.

WHAT WOULD BE THE EFFECT ON ME, AS A WORKER WHEN I GO ON STRIKE?

It will be a protected strike, and you may not be dismissed or prejudiced for participating. A strike is on a basis of no work, no pay. Should it be effective, part of the negotiations to stop a strike could be to pay striking employees. The more employees participating, the shorter and more effective it will be. For every day you not working, you will not get paid. You must decide whether sacrificing one or more day’s pay for a salary increase is worth it.

WHAT WOULD POTENTIALLY BE THE CONSEQUENCES IF WE DO NOT PROCEED WITH A STRIKE?

You may receive no increase next year too. If you are not prepared to fight for an increase now, why would you ever be prepared to do so? So what will then be next? Not paying your 13th Cheque? Taking away your Medical Aid or reducing their contribution, stopping their contribution to your pension fund, your post-retirement medical aid? Reducing leave? Who knows.

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YOUR GUIDE TO A PROTECTED STRIKE

To Strike is a Constitutional Right

Every worker has the right to strike, and every employer has the option to lock out workers, if –
  1. a dispute has been referred to a council or the Commission for Conciliation, Mediation and Arbitration (CCMA);
  2. a certificate that a dispute remains unresolved has been issued;
  3. 30 days have elapsed since the referral; and
  4. 48 hours’ written notice of a strike is given to
    a. the employer; or
    b. a council (if the dispute relates to a collective agreement to be concluded in a council); or
    c. to an employers’ organisation (if the employer is a member of an organisation that is a party to the dispute); or
  5. 48 hours’ written notice of a lockout is given to
    a. the trade union; or
    b. to the workers (if they are not trade union members); or
    c. a council (if the dispute relates to a collective agreement to be concluded in a council).

Workers’ Rights

During legal strikes workers may not –
  • be dismissed; or
  • have civil legal proceedings brought against them.

Employers’ Rights

During legal strikes employers –
  • do not have to pay workers, unless workers ask that payment in kind (accommodation, food, basic amenities) be continued; and
  • may fairly dismiss a worker for misconduct or for operational needs.

PROTECTED STRIKE

The term “protected” strike action refers to a lawful strike which is in compliance with the requirements of the Labour Relations Act 1995 (“LRA”).

The effect of embarking on protected strike action is that no employee may be dismissed by reason of their participation in the strike, nor do they commit a breach of their contracts of employment by participating in protected strike action.

The first procedural requirement is a mandatory referral of “the issue in dispute” to the CCMA which results in a conciliation meeting between the parties. The purpose of conciliation is an attempt to settle the dispute, with the assistance of an appointed CCMA Commissioner. If the dispute is settled at conciliation, strike action is averted.

If however conciliation is unsuccessful, the CCMA issues a certificate stating that the issue in dispute remains unresolved. It is this certificate which is the second procedural requirement of protected strike action in terms of the LRA.

If 30 days has lapsed, no certificate is needed.

In this instance, no certificate was issued, but the 30 days has lapsed. This was confirmed by the Acting Senior Commissioner, Collective Bargaining at the CCMA:

From: Shimane Kgantse [mailto:shimanek@CCMA.org.za]
Sent: Friday, October 27, 2017 12:00 PM
To: booysen.mashego@yahoo.com
Cc: headoffice@bemawu.org.za; mogalanet@gmail.com; Boitumelo Fatane <BoitumeloF@CCMA.org.za>
Subject: FW: GAJB20270-17

Dear Mr Booysen

Thank you for your mail.

The view of the Commissioner Madubanya who facilitated the wage dispute is that she did not get an opportunity to mediate over the dispute. We are mindful that legally there’s nothing precluding the Trade from embarking on a protected strike since thirty days has lapsed from the date of the referral. We however request you indulgence and provide us with an opportunity to have a mediated session with the parties before exercising your rights.

Looking forward to your positive response.

Regards

Shimane Kgantse

Acting Senior Commissioner Collective Bargaining

Thirdly, any person and/ or union who, after the issuing of a certificate by the CCMA, wishes to go out on strike must give an employer at least 48 hours advance notice of the intended strike action.

Provided these three procedural requirements are complied with, the strike is deemed to be protected in terms of the LRA.

STRIKE NOTICE ISSUED

Strike Notice 2017

Further communication will follow to inform all members about the plan of action.