merger reversal

UNION OFFICIALS SHOT AND KILLED | RIP FALLEN COMRADES

BEMAWU condemns in the strongest terms the coward attacks of union leadership in a free and democratic South Africa.

We mourn the deaths and attacks in solidarity, comrades. A luta continua!

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It is with absolute outrage and grief that we mark the killing of one of our members from Impala Platinum and the shooting of another AMCU shop-steward at Lonmin. Today, comrade, Mohahu Daniel Maseko was shot dead, riddled with 5 bullets and comrade Kwenene was attacked by two (2) assassins, one with a shot gun and another with a pistol; he has been rushed to hospital. Our prayers are with him as he battles for his life. Our grief is with the family and loved ones of comrade Maseko. We send our heartfelt condolences.

The painful journey begins to go to the mortuary identify our dead comrade, inform family and loved ones, prepare for the funeral. These acts of violence have to be condemned by all, not just the union leadership of which they belong.

The workers movement must unite against this campaign of violence which will eventually see the death of the entire labour movement. We must fight for peace amongst workers, regardless of language, colour, political or union affiliation. As AMCU we will not rest until this campaign of violence is defeated.

We again do not wish to speculate on the motive for the attempted murder of our comrade. The SAPS must investigate and bring the perpetrators to book. However, the world must know things are getting out of control. It seems to us that something more sinister is afoot.

This looks very much like the third force violence the Apartheid state unleashed on the democratic and workers movement during the negotiations for a political settlement.

We know through the testimony and settlement by the state with Thebe Maswabi, of the security forces involvement in destabilizing AMCU. Having failed to set up a rival union, having failed at reviving NUM and restoring their majority status – is targeting and killing our members their next move?

Is the aim to turn workers on workers – a new form of black-on-black violence to break the militancy of AMCU. We shall not be intimidated. We will unite mineworkers and mobilize in mass action to stop the killings and the violence.

Those that think AMCU can be defeated by these cowardly acts must think again. If it takes another five months strike, if it takes the bringing of the country to its knees to get the authorities to arrest the situation and for mine management to take the safety of the workers seriously – so be it. Those behind these acts are playing with fire. Be assured AMCU will not fold its arms in the face of this systematic onslaught against us.

An injury to one is an injury to all.

Yours in Social Justice

JV Mathunjwa
AMCU President

merger reversal

NOTICE OF NEWS/MTI MERGER | SABC

BEMAWU todat received notification of a consultation meeting to merge MTI and News.

We are in process of responding to the SABC’s request and will post our reply here. We will demand that the changes already effected be reversed as per S189 of the LRA.

We will duly consult all members and we are looking for volunteers to assist us in this process.

If you are an employee affected by this merger, tell us what you think. Post your comment here under.

Here is the SABC’s letter.

merger reversal

SABC, MOTSOENENG & TEBELE TO PAY BEMAWU LEGAL COST

The Labour Court today ordered the former COO of the SABC, Mr Hlaudi Motsoeneng, the former Group Executive of News, Mr Simon Tebele and the SABC to jointly pay BEMAWU’s legal cost in defending the dismissal of three of the SABC 7 in July 2016.

The SABC 8 (seven were employees) were dismissed in July 2016 after they questioned the unlawful Protest Policy originated and championed by Hlaudi Motsoeneng, supported by the then SABC Board and enforced by Tebele, Maseko, Ditlahakanyane and Molete.

Seven of the 8 journalists were reinstated after an urgent application were brought by both BEMAWU and Solidarity.

This cost order is a victory for in particular public service employees and parastatals , who previously were up against the money powers of the state and corporations who could out-litigate them.

Officials can be held liable in person for patently wrong and unlawful decisions.

 

merger reversal

BEMAWU WANTS MOTSOENENG,TEBELE AND SABC TO PAY COST | SABC8

BEMAWU’s application for cost against former COO Hlaudi Motsoeneng and former GE, NEWS Simon Tebele was heard in the Labour Court on Wednesday, 6 September 2017.

The cost order against the two and the SABC have already been granted in principle, and they were directed to file affidavits as to why they should not be held liable personally for the legal cost of BEMAWU.

The SABC 8 were dismissed in July 2016 after they questioned the unlawful Protest Policy originated and championed by Hlaudi Motsoeneng, supported by the then SABC Board and enforced by Tebele, Maseko, Ditlahakanyane and Molete.

Seven of the 8 journalists were reinstated after an urgent application were brought by both BEMAWU and Solidarity.

To express the court’s displeasure with the manner in which the dismissals took place an punitive cost order were granted against the SABC and others responsible for the dismissal of the 8 journalists. The court directed the SABC to identify the individuals so responsible, and ordered those identified  to file affidavits as to why they should not be held responsible for the cost of the applications.

The SABC identified Simon Tebele as the culprit, but an application was brought to join Hlaudi Motsoeneng as a Respondent due to overwhelming evidence pointing at him as the actual person responsible for the dismissals.

The SABC argued on Wednesday Tebele and Motsoeneng must be held solely responsible for the cost, and submitted if the SABC is liable, it should only be for 10% of the cost.

Motsoeneng’s lawyer differed, and argued Tebele and Jimmy Matthews must be held liable jointly with the SABC.

Tebele’s lawyer agreed with BEMAWU’s submission that Motsoeneng must be held liable. Tebele said he signed the dismissals after so instructed by Matthews. However, at the time of the dismissals, Matthews has already left the SABC.

On Monday 12 December 2016 members of the SABC 8 testified before Parliament.

Lukhanyo Calata gave details of instructions that disregarded journalistic principles. This he said came from, among others, Simon Tebele, Nothando Maseko and Nyana Molete.

Calata was dismissed by letter and no hearing  on 18 July 2016 by Nyana Molete, who was the acting general manager of News at the time.

SAFM Current Affairs Executive Producer, Krivani Pillay, has told Parliament’s ad hoc committee into the South African Broadcasting Corporation (SABC) how Hlaudi Motsoeneng and former acting Chief Executive Officer (CEO) Jimi Matthews told journalists to toe the line or leave the public broadcaster.

Pillay was one of four witnesses testifying on behalf of the so-called “SABC 8”.

Pillay recounted how RSG Executive Producer, Foeta Kriege, challenged Motsoeneng to prove that the broadcasting of violent protests was a catalyst for more destruction of property.

Pillay says Head of Radio News, Sebolelo Ditlhakanyane, also attended the meeting.

Pillay outlines how Motsoeneng responded to Kriege – with the backing of Matthews: “This was Mr Motsoeneng’s reply and I quote, “You must defend the organisation; no journalist is independent. The COO has final responsibility of news. If people do not adhere, we get rid of them. We cannot dare question management”.

What really surprised us was the respond we got from Mr Jimi Matthews. He said, “It’s cold outside. If you don’t like it, you have got two choices: the door or the window,” explained Pillay.

SABC acting head of news Simon Tebele was fingered alongside Motsoeneng for firing the eight SABC employees and was brought to court to be held personally liable for the costs of the case that saw the journalists reinstated. In a previous affidavit, Tebele said he signed the dismissals after former SABC CEO Jimi Matthews gave him a directive. The SABC employees had spoken out against the policy not to cover protests and were side-lined for their views.

In court on Wednesday, Tebele’s lawyer, Paul Pio, told the court to disregard that affidavit. He said there is “substantial evidence that overwhelmingly suggests Motsoeneng was responsible for the dismissal”.

Despite his client’s previous affidavit, and the chance he could be held accountable for previously lying to the court, Tebele’s representative was adamant that Motsoeneng should in the main pay the legal costs for the SABC journalists who were fired.

Tebele has since left the SABC.

However, Maseko, Molete and Ditlhakanyane are still employed by the SABC.

Judgement has been reserved for Friday, 8 September at 10:00.

Some media reports:

http://ewn.co.za/2017/09/06/motsoeneng-and-tebele-should-bear-cost-of-sabc-8-unlawful-dismissal-case

http://www.sabc.co.za/news/a/f91ba4804283cd3eb8f5f947aa075956/SABC-wants-Motsoeneng,-Tebele-to-pay-90-of-SABC-8-legal-costs-20170906

https://www.dailymaverick.co.za/article/2017-09-06-sabc-8-hlaudi-loses-his-friends-in-court/?utm_content=buffer5fbc5&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer#.WbCTvsgjE2x

 

merger reversal

MARCHING ORDERS FOR MOTSWENI?

The unlawfully and unprocedurally appointed Group Executive of SABC Sport, Sully Motsweni has been placed on special leave with immediate effect to afford her the opportunity to provide reasons why she should not be suspended. 

Motsweni, who was fingered in the Public Protector’s report “When Governance & Ethics failed” for inter alia the huge salary increase she received was given until the 31st of August 2017 to respond to the letter. 

merger reversal

SIU GREEN LIGHT FOR SABC

President Jacob Zuma has authorised the Special Investigating Unit (SIU) to investigate certain matters in respect of procurement at the South African Broadcasting Corporation (SABC), in terms of section 2 (2) of the Special Investigating Unit and Special Tribunals Act, 1996. The Proclamation authorises the SIU to investigate the following allegations:
• The procurement of, or contracting for goods, works or services by or on behalf of the SABC from various companies or service providers and payment made in respect thereof in a manner that was not fair, transparent, competitive and equitable or cost effective.
• Any undisclosed or unauthorised interest that certain members of the personnel of the SABC may have had with regard to contractors, suppliers or service providers who submitted bids for work or did business with the SABC; or contractors awarded by or on behalf of the SABC. 
The Proclamation further authorises the SIU to investigate allegations of:

(a) Serious maladministration in connection with the affairs of the SABC.

(b) Improper or unlawful conduct by board members, officials or employees of the SABC.

(c) Unlawful appropriation or expenditure of public money or property.

(d) Unlawful, irregular or unapproved acquisitive act, transaction, measure or practice having a bearing upon State property.

(e) Intentional or negligent loss of public money or damage to public property.

(f) Unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof.

Issued by: The Presidency
Pretoria

merger reversal

NEW SABC BOARD – WHO WILL IT BE?

The portfolio committee on communications on Tuesday decided if two or more parties nominate the same candidate, that person would make the shortlist that will be interviewed in September.

When the committee adjourned for lunch, 20 of the 36 spots on the shortlist were filled.

Apart from the interim board – chairperson Khanyisile Kweyama, her deputy Mathatha Tsedu, Krish Naidoo, John Matisson and Febe Potgieter-Gqubule – Nomvuyo Batyi, currently a board member of the Independent Communications Authority of SA (Icasa) – received unanimous support.

Former SABC board member Rachel Kalidass were nominated by all parties present except the Economic Freedom Fighters.

The candidates who received support from more than one party and are thus on the list, are:

To read more about each candidate, click on their names.

merger reversal

More than 360 applications received for SABC permanent board

The Communications Committee in Parliament has received more than 360 applications of persons who want to serve on the South African Broadcasting Corporation (SABC) permanent board.

This was revealed by Committee Chairperson Humphrey Maxegwana. The committee was also briefed by the SABC Interim Board on the progress made on the implementation of the Ad Hoc Committee report into the affairs of the SABC.

A new permanent board for the SABC is expected to be in place by the time the Interim Board’s term of office comes to an end next month. The deadline for nominations and applications was 30 June.

Maxegwana explained how many people have applied and how the selection process will unfold.

“Next week we will be starting the process of shortlisting and thereafter interviews as the committee. Up to now by the time of the deadline of the 30th we received 362 applications. The office of the chair is working on summarising who has what in terms of qualifications and who meets the criteria and then that will be presented to the committee next week.”

Kweyama also told the committee that they are currently seeking legal advice on how to hold implicated former board members and staff liable for illegal decisions that led to irregular and wasteful expenditure

Soon after giving a report back on the nominations, it was the turn of the Interim Board to present its progress report. The board told Members of Parliament that it has already terminated two irregular contracts, suspended a third one and the fourth one is under review.

Interim Board Chairperson Khanyisile Kweyama said that action emanated from the sixth recommendation of the Ad Committee that the board should institute independent forensic investigations into irregular and questionable contracts. Some of them include the Morning Live/ New-Age Breakfast show and the Multi-Choice archive deal.

“The Interim Board has terminated the contracts with Lorna Vision and ANN7. Lorna Vision was the TV license collection and ANN7 was the breakfast. The contract with SekelaXabiso which had also been employed to look at the fruitless and wasteful expenditure is on suspension. The Multi-Choice contract is under review on the ground that the important aspects of it are a disadvantage to the SABC and are contrary to public interest.”

Kweyama also told the committee that they are currently seeking legal advice on how to hold implicated former board members and staff liable for illegal decisions that led to irregular and wasteful expenditure.

She says recovering losses due to unlawful decisions is one of the recommendations in the Ad Hoc Committee Report.

“Recommendation number eight was to take appropriate action against current and former employees and board members who are found to have been complicit in the SABC incurring wasteful expenditure as a result of irregular activities. The Interim Board is seeking legal opinion on the liability of board members, officials, group executives and employees who participated in meetings where decisions were taken that are contrary to the policies of the corporation as well as the legislative framework governing the SABC.”

 

However the Economic Freedom Fighters (EFF) is not happy saying the Interim Board should move with speed to lay criminal charges against those who were implicated. In addition EFF member of the committee Mbuyiseni Ndlozi also said some journalists were not innocent in some of the wrongdoings at the SABC.

“By the way it is not just instructions and intimidation that journalists are receiving. It is also journalists that are very manipulative that were gladly participating, so we have got to balance that scale. There are journalists that were not doing proper things in there and I hope that the perspective would be balanced in that sense. It is not just management but also there are journalists who were complicit who were participating willingly in wrong things.”

One of the questions raised by the Democratic Alliance’s (DA) Phumzile van Damme relates to the secrecy around the bailout figure requested by the SABC.

“We haven’t been told how much it is that the SABC is required from National Treasury. I know that the Minister has said that information must not be given out but now I am asking you as the board, as the body to which you report, which is Parliament. Can we be told how much is it that the SABC required from National Treasury?  I would not be satisfied with the answer that the Minister has said, don’t give that information. You as the board report to us.”

Van Damme’s question was not answered. A decision was taken by the Committee Chair to save the question to the Communications Minister Ayanda Dlodlo.

“I think the minister will respond to the question.”

During the meeting, Kweyama also confirmed that axed former Head of Corporate Affairs Hlaudi Motsoeneng is challenging his dismissal and that the matter will be heard soon.

“Yes Mr Motsoeneng has taken his dismissal to the CCMA and I think in the next day or so, there will be an appearance with the SABC being present.”

Other questions that the Interim Board was facing included what action they have taken against those managers who were allegedly referred to as Hlaudi Motsoeneng’s enforcers by the late SABC 8 journalists Suna Venter who recommended to the Ad Hoc Committee that they be investigated.

The EFF also wanted to know what were the benefits that Jimi Matthews received after resigning under a cloud at the SABC and the ANC was interested in among other things,- the relationship between the Interim Board and labour.

merger reversal

Madonsela: SABC board not fully co-operating in Motsoeneng probe

JOHANNESBURG – Public Protector Advocate Thuli Madonsela says the South African Broadcasting Corporation (SABC) board has not been co-operating fully with the investigation into allegations of corruption against Hlaudi Motsoeneng
On Tuesday, Motsoeneng reported for duty at the SABC as an “ordinary employee” after the Supreme Court of Appeal rejected his bid for leave to appeal against a High Court ruling that set aside his permanent appointment. 

Madonsela says if Motsoeneng is appointed to any senior position, it will be illegal.

“The last thing you would want to do is to appoint Mr Motsoeneng into any senior position until a proper disciplinary inquiry has been done based on the previous report which was called for in government.”

Madonsela says she has written to Communications Minister Faith Muthambi and the SABC board.

“It was also alleged that the board allows Mr Motsoeneng to do whatever he pleases and in return the board gets to have as many meetings as it wants, and obviously it gets paid for sittings. The board is also given tickets to various events against policy.”

Earlier today, Madonsela said that if Motsoeneng is returned to the permanent position of COO, there would need to be a probe into the SABC board.

“We are conducting an investigation into various allegations of corruption, abuse of power and maladministration by Mr Motsoeneng, who is alleged to be involved in wrongful procurement and the dismissal of people who stand in his way.”

From an article on EWN