Your letter attached hereunder has reference.
We are astounded by your apparent arrogance and lack of appreciation of legal binding agreements.
The agreement does NOT state that you may retain 50% tax. That is furthermore defined as an unlawful deduction, which will result in an official complaint to the Department of Labour and SARS, as not one of our members pay 50% tax. Seemingly the SABC has spent millions of Rands to purchase a system called SAP, which appears to be useless and not able to do a simple calculation of salaries and taxes. This to us appears to be more fruitless and wasteful expenditure and a transgression of the PFMA, should same be applicable to the SABC.
The fact that the SABC has failed to properly train people to operate SAP, alternatively has purchased a non compatible system should and must never prejudice our members.
We demand that you only deduct the correct and applicable tax, and NOT 50% failing we reserve our rights.
The matter is far from closed.
Hannes du Buisson
7 MAY 2010
RE MULTI·TERM AGREEMENT BEMAWU I SABC
Your email communication of this morning al 09:11 am refers.
I wish to advise that the SABC will honour its stated commitment to pay the 7.5% increase to BEMAWU members,
retrospective to 1 April 2010, today the 7th of May 2010.
I further confirm that 50% of the increase has been retained in order to reconcile tax and other deductions applicable to
each employee because this is not a normal payroll.
I thank you for having considered our proposal for a postponement and regard that matter as closed.
On 2010/05/07 10:11 AM, "Ron Morobe" <firstname.lastname@example.org> wrote:
Please find attached a response to your email of this morning, regarding the salary increase of BEMAWU members.
Juliana Mdakane| SABC Limited
Office of the Group Executive: Human Capital Services
Tel: +27 (11) 714 3331 | Fax: +27 (11) 714 4820
Private Bag X1, Auckland Park, 2006, Gauteng, South Africa
The SABC is clearly in breach of the multi-term agreement between the parties. Despite the valid agreement and public undertaking from the SABC, you have failed to implement the agreement after we have already granted you an indulgence, which indulgence was not an amendment of the agreement. The SABC was legally bound to implement CPI + 1% by the end of April 2010. This they knew for the past 2 years. The SABC defaulted, and requested an extension of time until today, the 7th. When BEMAWU met with you earlier this week, on Wednesday you made it clear you would not, despite your public announcement that you would do so, be able to give effect to the agreement and pay our members by the 7th of May.
Our members are extremely unhappy about this, and there is a growing vote of no confidence in the Board and Management of the SABC. A motion has been put forward that BEMAWU must bring an urgent application to compel the SABC to give effect to the agreement, and in the unlikely event that such application fails, that we then cancel the agreement. The main thrust and motivation for such an application would be that you knew for two years in advance that the multi-term had to be implemented by the end of April 2010, and the SABC has failed to take the necessary steps to ensure same. Furthermore, that we have no reason to believe that you will in fact implement the agreement by the end of May 2010, because you have already said so previously, and defaulted once by not implementing, after you have publicly said you would and a legal, binding contract exists in this respect.
Our members feel they must always bent backwards, without any sign of appreciation and recognition from the SABC.
We would like to offer you the opportunity to restore some of the trust the SABC has lost as a result of their non-compliance with the agreement and their further undertaking, by making the following without prejudice proposal:
That BEMAWU will agree to the implementation of the multi-term agreement at the end of May 2010 on the following conditions:
- That our indulgence and good faith be met with similar conduct from the SABC’s side, now and in future
- That instead of the contractual 7.5%, a percentage of 8.5% be implemented, which extra percentage (1%) will be deducted from the outstanding contractual 2.2% agreed to previously,
- That same will this time definitely happen as soon as possible, but not later than the end of May 2010.
We need your urgent confirmation of same by close of business today, for obvious reasons.
Hannes du Buisson