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Labour Law South Africa - October 2012

29 October 2012   (0 Comments)
Posted by: Zina Girald
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Cabinet Welcomes Plan to Protect Economy
AllAfrica.com
The package, which was agreed upon after talks earlier this month between government, business, labour and social partners, aims to instil confidence in the economy and to indicate to the nation that social partners will act decisively to promote ...

African judges' labour of law
International Labour Organization Promoting jobs, protecting people ... was one of 25 African judges from Botswana, Malawi, Nigeria, South Africa and Zambia, ...

Miners reach deal with Amplats
News24
South African labour law requires clear formal processes for strikes and walk-outs. Those that do not go through all the proper hoops are considered illegal, and can result in striking workers being sacked. Mining firms usually reinstate dismissed ...

South African minors protest turns violent | Video | Reuters.com
South African labour law requires clear formal processes for strikes and walk- outs. Those that do not go through all the proper hoops are considered illegal, and ...

XE.com - UPDATE 1-South African mine strikes ease with deal at ...
South African labour law has clear processes for strikes and walk-outs. Those that do not go through all the proper bureaucratic hoops are considered illegal, ...

SOUTH AFRICA GOVERNMENT : Minister Mildred Oliphant on Labour's ...
4-traders
The minister said the Department through UIF branch has committed between R200 million to R500 million to invest in agricultural projects. This investment will create jobs and support food security in South Africa. The UIF has also contributed a ...

South Africa gold miners sign pay deal
gulfnews.com
Johannesburg: Striking South African gold miners have signed a pay deal to end months of often violent labour unrest, the country's main mining union and mine owners said on Thursday. "Members have accepted a new pay structure,” the National Union of ...

FACTBOX-South African firms hit by labour strife
Reuters
JOHANNESBURG Oct 25 (Reuters) - About 100,000 workers have downed tools for better pay in South Africa since August. In October around 15,000 were sacked and thousands returned to work after threats of dismissal. Here is a summary of the worst-hit ...

Ultimatum from mine owners gets South African strikers back to work
Waterloo Record
Labour unrest in South Africa's mines, which until recently showed little sign of abating, now appears to be tapering off in the face of employers' tough stance against wildcat strikes. South Africa's Chamber of Mines, representing ... Africa Trade ...

SOUTH AFRICA GOVERNMENT : Labour on Unemployment Insurance Fund ...
4-traders
In her address to stakeholders from business, labour and government, Rachel Masha, Deputy Director for labour activation in UIF said "qualifying candidates who meet the requirement will be outsourced from the department's Employment Service of South ...

 

S.Africa labour hero urged crackdown on "criminal" strike
Reuters
The Marikana killings, the deadliest labour violence since apartheid's end in 1994, shocked South Africans and the world, drew damaging criticism of President Jacob Zuma and sparked a wave of labour protests still rattling Africa's largest economy. An ...

Miners at South African Coal join strike fray over wages
BDlive
SOUTH African Coal Holdings is the latest miner to face labour unrest, after mineworkers represented by the National Union of Mineworkers (NUM) at its Umlabu colliery in Mpumalanga went on a protected strike following a wage dispute. Although the ...

South Africa needs to get labour situation under control first - Major
Mineweb
South Africa needs to get labour situation under control first - Major. The weakening currency, the decline in mining - I don't see any way we are going to change that trend until we have the labour situation trend going up, says mining consultant ...

A NUM-Sized Headache, and No-One Else to Blame
AllAfrica.com
The Bowman Gilfillan partner, who assisted with the formation of NUM and was involved in legitimising collective bargaining in the seventies, thinks South Africa needs a radical overhaul of its labour laws and practices to fix what is a disturbing ...

UPDATE 3-AngloGold sacks 12000 defiant S.African miners
Reuters
CARLETONVILLE, South Africa, Oct 24 (Reuters) - AngloGold Ashanti sacked 12,000 wildcat strikers who defied a deadline to return to work on Wednesday, the latest South African company to resort to mass firings after weeks of crippling labour unrest.

S. Africa labour court okays traditional healer's 'sick note'
Medical Xpress
... Business Council president Ndaba Ntsele said, reacting to the ruling. Speaking to the Sunday Times, labour law expert Tony Healy however voiced surprise that the certificate was validated when South Africa has no legal framework for sangomas ...

SOUTH AFRICA GOVERNMENT : Labour receives clean audit for second year
4-traders
Godfrey Oliphant, Deputy Minister of Mineral Resources said employment creation for the youth was the most burning and pressing economic issue in the world. "As we speak the Euro-zone countries are grappling with this problem and South Africa cannot ...

How the Marikana Movement Stunned Neoliberal South Africa
CounterPunch
We must be wary of drawing a comparison to the South African state's last mineworker massacre, in 1922 when Johannesburg's white goldminers rebelled against the increasing use of competing black labour (to the sound of the Communist Party of South ...

Jacob Zuma's Cabinet resigns
News24
Evident is the striking mining workers' rejection of the Labour Relations Act 66 of 1995 and its provisions in which the ANC government itself has become complicit in entertaining the strikers outside the prescripts of the applicable law. This comes in ...

Labour law must be reviewed, migrant labour and unrest, 'mine of future ...
Creamer Media's Mining Weekly
South Africa's Labour Relations Act needs radical reform by way of a Wiehahn-type commission of inquiry into labour legislations, two separate and different organisations believe. Read on pages 8 and 9 of this edition of Mining Weekly of labour lawyer ...

One Marikana after the other unless underlying causes tackled - labour doyen
Creamer Media's Mining Weekly
Questions are being asked whether this is a failure of government, business and the labour unions, the labour law system, or a failure of South African society as a whole. Top labour mediator and Bowman Gilfillan director John Brand, who has mediated ...

Release of the Full Package On the Economy
AllAfrica.com
The meeting was attended by organised business, organised labour and the community sector, and it discussed challenges that South Africa faces, based on slowing global growth, the industrial relations environment in the country, and the need to speed ...

'Social Pact' to Turn Economy Around
AllAfrica.com
On Wednesday, Zuma met with senior government, business, labour and community leaders in Pretoria, following an initial meeting on Friday, to discuss the recent wave of unprotected strikes that have led to two successive downgrades of South Africa's ...

Zuma wades into S. Africa labour crisis
Ahram Online
President Jacob Zuma waded in to South Africa's simmering labour crisis on Wednesday, corralling business and labour leaders for a meeting to end months of unrest and bloodshed that threaten to derail the nation's economy. Eviscerated by critics for ...

"You're fired" - or maybe not, South Africa's mines say
Moneyweb.co.za
The strikes that erupted in early August at platinum miner Lonmin plc (JSE:LON) have pushed South African labour relations to their lowest ebb since a mass uprising in 1987 that successfully brought the white-controlled economy to its knees. Some of ...

Striking Workers Whipped With Sjamboks - the Latest in SA's Labour Unrest
AllAfrica.com
Cosatu and its individual affiliates are suffering from a growing perception that trade unions in South Africa have become institutions of social control, with little left of their original roots as radical challengers to social inequality and ...
See all stories on this topic »

'Partnership Needed to Lift Economy'
AllAfrica.com
A robust partnership between the government, business and labour is needed to address the economic challenges facing South Africa, says President Jacob Zuma. "There is a need to work together on our economy ... which has also faced pressure due to the ...

South Africa municipal workers threaten strike over pay and graft, piling ...
Edmonton Journal
... low wages, is the "root cause" of labour unrest in the mining sector, according to Solidarity Research Institute, a local think-tank . "In essence it is an undemocratic winner-takes-all system," the group's Piet le Roux said of South Africa's ...

The business of making money in a developmental state
BDlive
But Herman Mashaba, chairman of the Free Market Foundation, says South Africa needs to remove inflexible labour laws and fix education. Our labour law encourages the view that business is the people's enemy. "You go into business to make money" and ...

South Africa labour turmoil affecting growth
Mining Review
Tokyo, Japan --- 15 October 2012 - Two months of crippling labour turmoil are likely to force South Africa to look again at its economic growth forecasts, says the central bank's deputy governor. Reuters reports that wildcat strikes that started in the ...

S. Africa Gold Strike Talks Fail With 50% of Output Shut
Businessweek
Africa's largest gold producers will pursue legal remedies instead of continuing talks with unions after South African strikes widened, idling half of the nation's output of the metal, the Solidarity union said. ... At Sishen, South Africa's biggest ...

'Runaway' IT Expert Alleged to Have Defrauded Department of Labour's ...
AllAfrica.com
Mahuluhulu, an information technology (IT) boffin was arrested at his place of work at the University of South Africa (Unisa) after two years on the run. The "runaway" man is alleged to be working as a member of a syndicate responsible for defrauding ...

Unintended Results Of Labour Law Amendments
Cape Business News
These were just a handful of the unintended consequences of the proposed changes to South Africa's labour laws outlined by Production Management Institute's (PMI) director John Botha in a briefing to business this morning. Botha said there was no ...

UPDATE 3-South Africa labour turmoil hitting growth
Reuters
JOHANNESBURG, Oct 14 (Reuters) - Two months of crippling labour turmoil are likely to force South Africa to look again at its economic growth forecasts, the central bank's deputy governor said on Sunday. Wildcat strikes that started in the platinum ...

Solid Partnership Needed to Address Economic Challenges - Zuma
AllAfrica.com
The meeting, which was attended by the ministers from the economic and security clusters, also included the presidents of the Business Unity South Africa, Black Business Council, labour organisations Cosatu, Fedusa, Nactu, and Nedlac's top brass ...

Truckers Lose Despite Wage Agreement
AllAfrica.com
"This occurs every year - every year we have a strike and every year workers are demanding higher wages than their labour productivity can justify." Sharp said wages should be connected to productivity. "In South Africa wages are connected to numbers ...

DEPARTMENT OF LABOUR - REPUBLIC OF SOUTH AFRICA : Department's ...
4-traders
"The Basic Conditions of Employment Act (BCEA) requires the Minister of Labour to consult with affected and interested parties prior to determining new levels of the minimum wages. In line with the requirements of the law," Mtsweni said. These industry ...

UPDATE 2-S.Africa police and protesters clash near mine shaft
Reuters
JOHANNESBURG, Oct 13 (Reuters) - South African police fired tear gas and rubber bullets at protesters hurling petrol bombs after a march on an Anglo American Platinum mine turned violent overnight, the latest sign of festering labour unrest. Africa's ...

12/10/2012 (On-The-Air)
Creamer Media's Mining Weekly
Gwala: As strikes continue to sweep through the country, South Africa's top labour lawyers are demanding a radical reform of South Africa's Labour Relations Act. Creamer: They don't want any tinkering with this, Xolani. They want the Labour Relations ...

SAfrica: Striking truckers sign new wage deal, ending weeks of labour unrest ...
Montreal Gazette
The labour unrest currently plaguing South Africa started in platinum mines in August before spreading to gold mines and then to the road freight sector. The violent strike at Lonmin platinum mine, in which 46 people died, was settled on Sept. 18. But ...

SOUTH AFRICA: The gathering storm
emergingmarkets.org
Even before this summer's public and violent airing of its labour politics, South Africa was already seeing its economy rocked by significant headwinds. The prolonged downturn in the European Union has seen the country's export revenues start to dry up ...

Labour Law Situation - Mining News - MiningWeekly.com
As strikes continue to sweep through the country, South Africa's top labour lawyers are demanding a radical reform of South Africa's Labour Relations Act; South ...

Mining's Unholy Trinity and Current Impasse
AllAfrica.com
Democracy arrived and there was a complete, and very necessary, revision of employment laws in South Africa, which included the Skills Development Act; the Mineral and Petroleum Resources Development Act; the Mine Health and Safety Act and others.

Johannesburg Bar Counsel Calls For Labour Law Overhaul to Prevent Strike ...
Books LIVE (blog)
Labour Law Rules! Martin Brassey, Senior Counsel at the Johannesburg Bar, has called for an overhaul of South Africa's labour laws in light of the recent strike violence. Brassey said that action needs to be taken to address the problems that lead to ...

Man torched in South Africa as labour unrest continues to plague mining industry
Globe and Mail
Striking miners killed one man by setting him on fire Thursday while another was fatally shot, apparently by police, in rekindled labor unrest in South Africa that saw police firing tear gas and rubber bullets. The violence near an Anglo American ...

South Africa's mining sector issues will lead to long-term job losses - Adcorp
Mineweb
Adcorp predicts that because there are significant economies of scale in operating a trade union, South Africa's labour landscape will continue to be dominated by large unions. First-past-the-post laws grant recognition only to the largest trade union ...

Formal employment hampered by uncertainty
BDlive
JB: I think since the late 1970s with the Wiehahn commission [which looked into labour relations in South Africa after the 1973 strikes in Durban and the 1976 Soweto uprisings and led to legal recognition of trade unions], and at Nedlac — where we've ...

Strikes, violence hurt South Africa's image, says Cabinet
BusinessLIVE
THE Cabinet is concerned about the impact of the economic downturn and the recent disruptions in the labour market on the performance of the economy. It believes the illegal strikes and violence are not helping South Africa's international image and ...

Labour Law Overhaul Needed - MSN ZA Business
South African labour law needs to be overhauled to address problems such as those ... The design and application law was the product of historically contingent , ...

Overhaul our labour laws - expert
Independent Online
Johannesburg - South African labour law needs to be overhauled to address problems such as those which led to the strike violence at Lonmin's Marikana mine, a senior counsel at the Johannesburg Bar said on Wednesday. "Securing such innovations will ...

South Africa's Labour Relations Act needs radical reform – John Brand
Creamer Media's Mining Weekly
JOHANNESBURG (miningweekly.com) – South Africa's Labour Relations Act needed radical reform by way of a Wiehahn-type commission of inquiry into labour legislation, top South African labour lawyer John Brand said on Wednesday. South Africa's ...

South African platinum and gold mine mechanisation - no simple path
Mineweb
With the focus over the past couple of months first on South Africa's platinum mines, and subsequently its gold mines as labour problems have appeared to intensify we find the international mining community, for the most part, totally baffled by the ...

Labour DG Nkosinathi Nhleko Says DoL's Public Employment Services Places ...
AllAfrica.com
The Department of Labour (DoL) has managed to refer/place 96 505 work seekers into job opportunities through its Public Employment Services (PES) using its placement electronic platform, the Employment Services for South Africa (ESSA), in the past year.

Businesses opting for alternatives to direct employment
Creamer Media's Engineering News
South African business is increasingly looking at alternatives to direct employment as employing workers was becoming too onerous, Production Management Institute (PMI) director John Botha said on Wednesday. ... "Corporate human resources was already ...

South African labour system must be reviewed – Solidarity
Creamer Media's Engineering News
They identify the majoritarian character of South Africa's Labour Relations Act as the detonator of the strikes that have engulfed the platinum industry and they accuse platinum companies like Implats of entrenching majoritarianism to the detriment of ...

3600 sacked as S Africa labour unrest deepens
The Nation
While mass sackings have been used in the past in South Africa as a means of gaining negotiating leverage, after months of sometimes deadly labour unrest that could prove a risky gambit today. Over 50 people are thought to have died since the start of ...

SOUTH AFRICA GOVERNMENT : Labour on clean audit opinion
4-traders
In the year under focus DoL's focus has been on labour law amendments (Basic Conditions of Employment Bill, the Labour Relations Bill, and Employment Equity Bill, including the introduction of the new Public Employment Services Bill), rebuilding the ...

What's Mined Is Yours - the Fall of Capitalism in SA's Platinum Belt
AllAfrica.com
Johannesburg — A lone, frightened voice was channelled from an Amplats mine near Rustenburg to South Africans tuned into SAfm on their radios. "There are people outside fighting with the police. I'm shaken, I don't know how we will get out," the voice ...

Unpacking Employment Equity, or Consider Boycotts Carefully
AllAfrica.com
The Act neither is a punitive measure nor is it sanctioned racism. It is intended to afford historically disadvantaged South Africans the opportunity to compete meaningfully against their white, historically advantaged brothers and sisters ...

Wildcat strikes up stakes in SA labour game
Creamer Media's Mining Weekly
The rules of the game in South Africa's labour market have changed and the new players are workers such as Tshepo Modise and Thulani Soko, wildcat strikers at mining giant Anglo American Platinum (Amplats). They feel underpaid ... To appease its allies ...

On Growth and Africa Expansion
AllAfrica.com
South African businesses have had to, and continue to cope with change to keep growth steady. Change in leadership styles, change in legislation, change in labour laws, change in labour bargaining process, change in black equity scorecards, etc are key ...

Murder and War Talk As the Killing Fields Move to Amplats
AllAfrica.com
Workers have told media that R12,500 (the Lonmin strikers' original demand) should be the standard basic pay for miners in South Africa. But strike leaders say that Amplats hasn't got a hope in hell of bringing replacement labour into the mines ...

Top businessman blasts labour laws and calls for total overhaul
Highly respected entrepreneur and chairperson of the Free Market Foundation, Herman Mashaba, launched a scathing attack on South Africa's labour laws, ...

The future of mining in South Africa
BusinessLIVE
Plagued by an unhappy combination of regulatory ailments, infrastructure constraints and ever-escalating labour and energy costs, the South African mining industry shrank by 1% a year between 2001 and 2008. In the same ... Marikana also illustrates the ...

S.Africa's rand dips to 11-week low on labour unrest
Reuters Africa
JOHANNESBURG (Reuters) - South Africa's rand extended losses against the dollar on Thursday, hitting an 11-week low as waves of strikes across the mining industry continued to dent sentiment toward local assets. By 1528 GMT, the rand was trading at ...

Wildcat Strike Movement May Birth New Political Party
AllAfrica.com
It is the contagious birth struggle of an emerging socialist movement that could deliver a new labour party to South Africa. The wildcat ... "The criticism stems from laws that require substantial black ownership in certain industries, including mining ...

Call for S African labour and pay reform
Financial Times
South Africa should consider an overhaul of executive pay and reform labour laws as the mining industry prepares for thousands of job losses, Helen Zille, leader of the opposition Democratic Alliance, said on Wednesday. Ms Zille, premier of Western ...

Marikana violence leads to industrial rethink
The Africa Report
Perhaps the biggest flaw lies in South Africa's labour laws, which contribute to the entrenchment of the monopoly held by the National Union of Mineworkers (NUM). Labour laws allow agreements that stipulate that rival unions can only be recognised once ...

UPDATE 5-South Africa wildcat strikes spread to more mines
Reuters
JOHANNESBURG, Oct 3 (Reuters) - A series of wildcat miners' strikes spread to South Africa's iron ore sector on Wednesday and hit another gold firm in an escalation of the labour unrest that is testing President Jacob Zuma's leadership. The country's ...

SOUTH AFRICA GOVERNMENT : Labour unveils new ICT strategy
4-traders
This new ICT Strategy seeks to enable the implementation of the departmental policies and legislation to achieve the mandate of the department. This mandate covers the regulation of labour market, creation of decent employment, promoting labour ...

South African truck drivers gather to stage massive protest in Johannesburg ...
Montreal Gazette
JOHANNESBURG - Thousands of striking truck drivers protested Tuesday amid heavy police presence in central Johannesburg as labour unrest continued across South Africa, leading to fears of renewed violence. ... "Lonmin should have known that getting ...

SA labour disruptions cause for concern, says Ford Asia, Africa boss
Creamer Media's Engineering News
The last number of years had seen more labour disruptions to Ford's business in South Africa than to any of the US manufacturer's other global plants, said Ford Asia Pacific and Africa president Joe Hinrichs on Tuesday. Speaking to Engineering News ...

South Africa must target 5.0pc growth: ADB
Business Recorder (blog)
JOHANNESBURG: South African labour unrest will only temporarily deter investors, but the country must grow faster to avoid serious pitfalls ahead, the African Development Bank's chief economist has told AFP. Mthuli Ncube, who is also vice president of ...

South Africa needs to swiftly become a freer capitalist economy
BDlive
Economic growth, not legislation, will deliver full employment, "decent" jobs and higher wages. For higher growth, we need large doses of capitalism — the voluntary-exchange variety of capitalism. South Africa urgently needs a swift change of ...

South Africa's "Marikana massacre" inquiry opens
Reuters
Inquiry into police killings and labour unrest in mines. * Police, govt in line for criticism. * ANC leadership race also comes into the open. By Mike Hutchings. MARIKANA, South Africa, Oct 1 (Reuters) - A retired judge toured the spot where police ...

South Africa mine bosses talk tough with strikers
Reuters
In total, there are around 75,000 miners on strike across South Africa's gold and platinum sectors, about 15 percent of the underground labour force. Virtually all of the strikes are illegal. The chief executive of AngloGold, the world's third largest ...

ILO - INTERNATIONAL LABOUR ORGANIZATION : Social dialogue needed to ...
4-traders
10/01/2012 | 11:23am US/Eastern. GENEVA (ILO News) - As an inquiry begins into the fatal August shooting of dozens of striking miners in South Africa, the International Labour Organization (ILO) has called for high-level social dialogue in order to ...

South Africa starts investigating mine violence as labour unrest continues and ...
680 News
0. share via email. JOHANNESBURG - An official inquiry into the killings of dozens of people near a South African platinum mine began Monday even as labour unrest continued with workers at other mines as well as truck drivers continuing protests over pay.

DEPARTMENT OF LABOUR - REPUBLIC OF SOUTH AFRICA : Media ...
4-traders
The Minister of Labour, Nelisiwe Mildred Oliphant, has the pleasure of announcing an increase in the Unemployment Insurance Fund (UIF) benefit payments. "I am pleased to announce that with effect from today 1st October 2012 the UIF benefit payments ...


South Africa union official wounded in petrol bombing
Business Recorder (blog)
The Amplats strike, which is illegal under South African labour law, has dragged on since September 12, with the workers rejecting management's ultimatums to return to work despite the risk of being fired. Tens of thousands of miners have gone on ...

SOUTH AFRICA GOVERNMENT : Labour invites media to Chief Executive ...
4-traders
The Accord is part of an effort to improve the status of occupational health and safety in the construction sector in South Africa. The building and construction sector - identified as one of high risks sectors alongside the agriculture and forestry ...

Freight employers granted interdict against violence by strikers
BDlive
Workers in the freight sector belonging to the South African Transport and Allied Workers Union (Satawu) march through the Durban central business district on Wednesday. Picture: REUTERS ... THE Road Freight Employers Association (RFEA) on Friday ...

Recession danger looms
The New Age Online
More observers are warning that the escalating labour strife could drag the South African economy into a recession which will cost the country to bleed the desperately needed jobs. The outcome of the Lonmin strike which gave ... Labour Minister Mildred ...

Wieta certifies 26 wines in South Africa with new ethical seal
Drinks Business Review
The code of good practice is based on the International Labour Conventions 'Ethical Trading Initiative' and South African labor legislation. A few of its criteria are elimination of child labor, provision of healthy and safe working environment, free ...



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