Minimum Wage & Parental Leave

The National Minimum Wage Act sets South Africa’s first National Minimum Wage at R20 an hour, equivalent to R3,500 per month, depending on the number of hours worked, and creates a phase-in period for farm workers, forestry workers, domestic workers, welfare sector and care workers, due to their vulnerability to disemployment.

An exemption may only be granted if the employer cannot afford to pay the minimum wage and after meaningful consultation with every trade union representing affected employees or the affected employee him/herself in absence of a trade union.

The National Minimum Wage Act will come into effect on a date to be determined by the president by proclamation – with reports indicating that this could be as early as 1 January 2019.

New paternity rights

The Labour Laws Amendment Bill allows for parental leave, adoption leave and commissioning parental leave to employees as follows:

An employee, who is a parent of a child, is entitled to ten consecutive days of parental leave;

An employee, who is an adoptive parent of a child below the age of two, is entitled to:

  • Adoption leave of at least ten consecutive weeks; or
  • At least ten consecutive days of parental leave.

An employee, who is a commissioning parent in a surrogacy agreement, is entitled to:

  • Commissioning parental leave of ten consecutive weeks; or
  • At least ten consecutive days of parental leave.


The Constitutional Court dismissed, with cost the application for leave to appeal against a personal cost order made against Mr Hlaudi Motsoeneng and Simon Tebele today.

It’s now the end of the road for Mr Motsoeneng, and time to pay up.

This judgment sends a very strong and welcome message to decision makers of corporates and SOE’s that our courts are willing and able to held them personally liable for patently wrong decisions.

No more hiding under the corporate veil.



MPs serving on the standing committee on public accounts (Scopa) have told the SABC top brass that it was unfair of them to retrench ordinary workers while the public broadcaster was spending millions of rands on parties and bonuses.

The SABC board and its senior executives, including CEO Madoda Mxakwe and head of human resources Jonathan Thekiso, were appearing before Scopa on Wednesday to account for irregular expenditure incurred by the public broadcaster in the past year.



The allegation made in Parliament yesterday (13 November 2018) by members of the SABC’s Board and Executive Management that staff are “up in arms” because they no longer get biscuits at work is void of all truth, disrespectful, insensitive and is rejected with the contempt it deserves.

To allege staff members, in the face of retrenchments, are up in arms because they no longer get biscuits at work, suggests SABC staff does not appreciate and realize their own dire situation and the financial crisis the SABC finds itself in – a situation solely caused by previous Boards who failed to exercise its fiduciary/oversight duties.

It is extremely insensitive and disrespectful to portray SABC employees in this manner.

It furthermore creates an impression the Board is asking for a bailout to inter alia buy biscuits for “up in arms” employees.

The truth is, biscuits have been stopped a number of years ago for staff. Only senior management and executives received biscuits in any event.

No wonder the SABC is battling to secure funding, as nobody will take them serious, with such irresponsible statements.

The SABC Board and Executive owes SABC employees a public apology.

The Board furthermore must immediately set the record straight and inform Parliament about this inaccurate information presented to them.



BEMAWU met with the SABC today in a second unsuccessful attempt to start consultations in terms of S189A of the Labour Relations Act.

At the first unsuccessful meeting the defective S189 was withdrawn, and the CEO, Mr Madoda Mxaxwe made certain undertakings, which did not realize.

Regional representation was not arranged by the SABC for all participants, and we did not receive the information promised by Mr Mxaxwe.

After a short sitting today, where these points were raised, the meeting adjourned and it was agreed today’s meeting is also not a consultation meeting,

The CCMA Comissioner, Mr Ally confirmed this.

Consultation will start at the next meeting, scheduled for 12/13 December 2018. It was agreed the period 12 December 2018 to 8 January 2019 when employees are on leave and the CCMA is in recess, will be regarded as non-dias (days not counting).

Information shared with us will be made available in due course and we want each and every member to scrutinise all information. In particular where the SABC is of the view staff must be reduced, but in fact there are vacancies and staff working overtime, or the SABC is using freelancers to do the work.



Sent: Thursday, November 8, 2018 3:56 AM
To: Jonathan Thekiso; Sello Xama

Dear Sirs,

In contemplation of the S189 meeting scheduled for 13 November 2018 at the CCMA, we require inter alia the following information by not later than close of business, Friday 9 November 2018.

1.   How many senior and executive management are on:

  •  Partially subsidized car schemes?
  •  Fully subsidized car schemes?
  • A car scheme where the SABC pay for all petrol and maintenance, including petrol to travel from home to work?

2.    The annual cost to the corporation for each of the above?

3.   The cost of the so-called Sparkle programme, who commissioned it and why it was stopped?

4.    The number of positions advertised in the past 12 months?

  • the title of each position?
  • the scale code of each position?
  •  whether it is a new or existing position?
  • whether someone acted in the position, and if so, for how long?
  •  whether it is regarded as a critical position, and why?

5.   The 981 names/positions identified in the S189 notice?

  • how (method used) were they identified,
  • who identified it,
  •  what the cost saving would be to the SABC?

6.    A list of all the consultants currently employed by the SABC?

  • Why they have been employed?
  • The cost of each consultant to the SABC?
  • The start and end date of each contract?

7.   The number of employees in acting positions?

  • The amount paid per month in Acting allowances?
  •  The position every employee is acting in and whether that employee is still performing his/her own job?
  •  Whether each employee meets the basic requirements for the position he/she is acting in?
  • How long each employee has been acting in each position?
  • How many of these acting employees are required to travel and need accommodation to perform the Acting?
  • What is the travel and accommodation arrangement for each acting position?
  •  What is the cost involved in each instance?

8.    The number of overtime hours worked by staff in the last 12 months, per month?

  • the amount paid out in overtime for the same period, per month?

9.    The number of employees appointed in the past 12 months?

  •  The name of each position?
  •  Appointment date?
  • Scale code?
  •  Whether it’s a new of existing position?
  •  The date of each appointment?
  •  Whether it’s a permanent or fixed term contract?

10.   The number of independent contractors appointed/contracts signed in the past 12 months?

  • Each position?
  •  Appointment date?
  • Independent contractor’s fee for each position?
  • Duration of each agreement?
  • Whether it’s a new or existing position?
  • The accumulated cost per annum of all the independent Contractors so appointed?

11.    The number of fixed term contractors employed by the SABC?

  •  The name of each position?
  • The scale code of each position?
  • The number of contracts and successive contracts for each employee so appointed?
  • The dates and duration of each contract?
  • The termination date of each contract?
  • Whether and which contracts, if any will be renewed?

12.   The number of Human Resources employees employed by the SABC?

  • The designation of each employee?
  • The scale code of each?
  • The area of responsibility of each?
  • The appointment date of each?

13.   The Senior/Executive Management training currently in progress, as follows:

  •  How many employees on Senior and Executive Level is currently on training?
  •  At which institution?
  •  What is the name of the specific training?
  •  What is the cost involved for each?
  •  Does it include traveling abroad?
  •  What is the cost involved in travel and accommodation for each employee?

14.  What, if anything at all has been done by management to identify the loss of revenue?

15.  What is the value of credit notes issued by the SABC in the past 24 months,

  • The details of each transaction,
  • The reason for each credit note?

16.  Provide evidence and detail of each and every initiative and attempt by management to:

  •  Increase the revenue of the SABC in the past 12 months,
  •  Bring back advertisers who left the SABC,
  •  Restore the damage caused by the 90/10 decision,
  •  Attract new business that will generate more revenue?
  •  Explore new revenue streams

17.  The SWOT and PEST analysis that was done by the SABC prior to embarking on this S189 process.

18.  Any and all documentation/information the SABC intends to rely on during the contemplated S189 process.

We have requested some of this information previously, which was simply ignored by yourself. We require inter alia the above information to meaningful consult with the SABC.





Regulations for the conduct of facilitations in terms of section 189A

1. How to request facilitation

(1) A request for facilitation in terms of section 189A(3) must be made by submitting a completed LRA 7.20 form to the Commission.

(2) A request in terms of subregulation (1) must be served and filed in accordance with the Commission’s rules.

2. Notice of first meeting of facilitation

(1) Not later than seven days after receiving a notice in terms of regulation 2, the Commission must notify the parties in writing of –

(a) the name of the facilitator; and

(b) after consulting the parties, the date of the first facilitation meeting.

(2) A notice in terms of subregulation (1) must be issued at least seven days before the date of the first facilitation meeting.

(3) (a) The parties may agree to appoint a facilitator other than the facilitator named in the notice given in terms of subregulation (1).

(b) The Commission is not liable to pay the fees of a facilitator appointed by agreement between the parties.

(4) The date of the first facilitation meeting set in, terms of subregulation (1) may be changed by agreement between all the parties and the facilitator.

3. Conduct of first facilitation meeting

(1) The facilitator must at the first facilitation meeting assist the parties to reach an agreement on —

(a) the procedure to be followed during the facilitation;

(b) the date and time of additional facilitation meetings; and

(c) the information the employer is required to disclose in terms of section 189(3)(a) and when that information must be disclosed.

(2) A matter dealt with in subregulation (1) may be dealt with in any additional facilitation meetings that are held.

4. Powers and duties of a facilitator

(1) Unless the parties agreed otherwise, the facilitator may —

(a) chair the meeting between the parties;

(b) decide any issue of procedure that arises in the course of meetings between the parties;

(c) arrange further facilitation meetings after consultation with the parties;

(d) direct that the parties engage in consultations without the facilitator being present.

(2) A decision by a facilitator in respect of any matter concerning the procedure for conducting the facilitation, including the date and time of meetings, is final and binding.

(3) By agreement between the parties, the facilitator may perform any other function.

5. Power to order disclosure of information

(1) If there is a dispute about the disclosure of information the facilitator may, after hearing representations from the parties, make an order directing an employer to produce documents that are relevant to the facilitation.

(2) Sections 189(4)(b) and 16(5) and (10) to (14) of the Act, read with the changes required by the context, apply to any dispute concerning the disclosure of information in terms of subregulation (1).

6. Facilitation meetings

(1) A facilitator must conduct up to four facilitation meetings with the parties, unless the dispute is settled in a lesser number of meetings or the parties agree to a lesser number of meetings.

(2) The Director, after consulting the facilitator, may increase the number of meetings that a facilitator must conduct with the parties.

(3) The number of meetings specified in subregulation (1) does not include any meetings convened for the purpose of the facilitator arbitrating a dispute over the disclosure of information.

7. Status of facilitation proceedings

(1) A facilitation is conducted on a with prejudice basis.

(2) Despite subregulation (1), the parties may agree in writing that a part of the facilitation be conducted on a without prejudice basis.

(3) The part of the facilitation conducted on a without prejudice basis may not be disclosed in any court proceedings.

(4) No person may call a facilitator to give any evidence on any aspect of a facilitation in any legal proceedings.

8. Panel of facilitators

(1) The Commission must maintain a panel of facilitators consisting of commissioners and other persons.

(2) A person may only be placed on the panel of facilitators that person has proven knowledge, experience and expertise in conciliation, mediation or facilitation of labour relations disputes.

9. Referral of dispute to Labour Court

A dispute in terms of section 189A(7)(b)(ii) must be referred to the Labour Court within 90 days of the notice of termination or, if no notice is given, within 90 days of the dismissal.

10. Agreement

If employees who are likely to be affected by a proposed dismissal are represented in a facilitation by more than one consulting party, an agreement .:.must be concluded by the consulting parties representing the majority of the employees concerned, for purposes of section 189A(2) of the Act or these regulations.

11. Definitions

In these regulations any word or expression to which a meaning has been assigned in the Labour Relations Act, 1995 (Act No. 66 of 1995) shall bear such meaning, unless the context indicates otherwise —

“Act” means the Labour Relations Act, 1995 (Act No. 66 of 1995), and includes any regulation made in terms thereof;

“Commission” means the Commission for Conciliation, Mediation and Arbitration established by section 112 of the Act;

“Commission’s rules” means the Rules for the Conduct of Proceedings before the CCMA; and

“Facilitator means a facilitator appointed in terms of section 189A(3) of the Act.

12. Short title

These regulations are known as the Facilitation Regulations, 2002

Gazetted: 10 October 2003

Gazette Number: No. R. 1445



PRETORIA – The Special Investigating Unit (SIU) has announced it has successfully reviewed and set aside a R50 million contract irregularly entered into between the South African Broadcasting Corporation (SABC) and Vision View Productions.

For full story go here



The Honourable Minister of Communications

The Chairperson of the SABC Board

The CEO of the SABC

The People of South Africa

1. Whereas the Portfolio Committee on Communications, duly appointed by our democratic Parliament to nominate, interview and oversee the Board of the SABC;

2. and the so duly appointed Board, acting as non-executive directors of the SABC responsible and accountable to recruit, interview and appoint the executive directors of the SABC – the Chief Executive Officer, as the responsible accounting officer of the SABC in terms of the Public Finance Management Act, the Chief Operating Officer and the Chief Financial Officer,

3. and the so duly appointed executive directors of the SABC responsible and accountable to recruit, interview and appoint suitably qualified co-directors and executive management of the SABC

has all dismally failed in their fiduciary duties

– to ensure a Public Broadcaster free of political interference,

– to ensure that suitably qualified people be appointed in key positions at the SABC,

– to exercise due care and oversight over the affairs of the SABC

4. As a result, the SABC plunged into one scandal after the other, and with very little or no internal controls, no or little suitably qualified managers in executive positions and a culture of fear and intimidation, it became technically insolvent.

5. These signs were evident and we raised it and complained about it over the past 10 years. We were ignored.

6. Calls from members on the Committee were ignored and only when 8 journalists were dismissed, and the world turned its attention to the SABC, action followed.

7. Employees are required to follow orders and instructions, and those who opposed, were purged, fired and victimized.

8. Some, like Suna Venter paid with her life.

9. For the entire duration where one scandal after he other engulfed the SABC, and boards and executives shamed the image of the SABC ordinary employees of the SABC lowered their heads, not only in shame, but to continue to do their jobs – keeping the SABC afloat and broadcasting, on auto pilot.

10. The previous ministers, portfolio committee members, boards and executives must now be held accountable for the mess the SABC finds itself in.

11. But in main, the Government, and its deployed politicians at the SABC must answer.

12. It is patently unfair, inhumane and inappropriate to now want to punish loyal and devoted employees by butchering them and put them out in the streets whilst they have done nothing wrong.

13. We therefore call on the Government and Parliament to:

1. Instruct the SABC to stop with this senseless process of retrenching innocent hardworking, loyal and devoted employees,

2. Appoint a task team to turn around the SABC, with FULL involvement of each and every employee,

3. To investigate, properly new revenue streams at the SABC, in order to increase the SABC’s revenue,

4. To put in place proper measures of control to prevent fruitless and wasteful and unauthorized expenditure.

5. And to provide the SABC not only with a bail out, but to fully fund it as a Public Broadcaster, on the basis that the SABC must comply with its license conditions which prohibits it, and makes it very difficult if not impossible to compete with fully commercial broadcasters.

Presented on this, the 9th day of November 2018, by full mandate of the National Executive and Shop Stewards of BEMAWU.