Outcome of Ballot

We have counted the votes. The majority of our members indicated that they are prepared to accept 8.5% with conditions attached to it.

The conditions are:

• That we will negotiate the implementation of a further 1.5% when the SABC's financial position are better,
• That we will negotiate the difference (2.2%) also at a later stage.
• That Top and Senior Management start paying for their own petrol and maintenance cost which they currently receiving for free,
• That Top and Senior Management start paying for their own DSTV, which they currently receiving for free,
• That Top and Senior Management start paying for their newspapers, which they currently receiving for free,
• That all outstanding reports be actioned with immediate effect,
• That all fruitless and wasteful expenditure being addressed with immediate effect and the employees involved be sued and prosecuted.

Should these conditions not be met, we will proceed with industrial action.

Our members voted as follows:

71.39% voted to accept the 8.5% with attached conditions

24.35% voted in favour of a strike

4.26% spoilt votes.

Any BEMAWU member is entitled to participate in industrial action until such time we have signed an agreement with the SABC.

The ballot is a democratic process and the outcome of the ballot is in no way a splitting of organised labour at the SABC. Our comrades in the other two unions were informed of the outcome of our ballot and we will meet soon to discuss a strategic way forward.

Organized labour remains united and organized at the SABC.

Meeting today

Kindly take note that BEMAWU has no knowledge of any meeting today of organised labour.

BEMAWU would once again like to confirm that we will personally communicate with our own members and we will personally send out our own invitations and communications.

There are individual SABC employees who pretend to speak on behalf of organised labour. Please ignore their communications. The statement for instance posted on another union's website alleging we do not endorse the new Board is false and misleading.

We speak on our own behalf and we will never appoint someone to speak on our behalf. If we do, this will be communicated to you.

Voting

We are not finished counting the votes. If you have already voted, please do not vote again. If you have not voted as yet, please do so before 12:00 and via SMS.

You are required to vote as follows:

"Accept" - You accept the 8.5% increase to be implemented immediately, with a clause to negotiate a further increase when the SABC is in a better financial position (the promised 1.5% and the difference to 12.2%). This acceptance is on condition Top and Senior Management sacrifice their free petrol cards, free DSTV at home, free newspapers at home and all outstanding audit reports be actioned immediately.

"Strike" - You reject the above, demand a 12.% and want to proceed with a strike.

Lotus FM

Kindly refer to the SABC's Media statement hereunder and see our response at the end.

MEDIA STATEMENT

SABC RESPONSE TO BEMAWU DEMANDS AROUND LOTUS FM STATION MANAGER

Johannesburg, 17 July 2009 – The SABC would like to comment that the demands by Bemawu in the particular case of Lotus FM Station Manger Ms. Gail Samuels to be removed or redeployed as well as the review of her disciplinary hearing are unreasonable and unlawful because these concerns raised by Bemawu on behalf of its members were addressed and investigated by Management. A disciplinary hearing was conducted whereby Ms. Samuels was given a final warning.

Ms. Samuels pleaded guilty during the hearing for matters that her own managers had not addressed and therefore took accountability as Station Manager. It would be unfortunate if Lotus FM employees decide to go on strike; on issues that management has been dealing with and are still willing to engage the union on, as per the outcome of the CCMA conciliation process held in Durban yesterday.

The SABC further confirms receipt of a notice for strike by Bemawu members, commencing 21 July 2009 at 14:00. The SABC will have no option but to take appropriate action to ensure that there is uninterrupted broadcast at Lotus FM. The principle of no work no pay will apply and any misconduct will be dealt with accordingly.

The SABC can as one of its options, apply for an interdict should a strike go out of order and threaten the peaceful order and the stability of the station. This should not be seen as a threat, but just one of the legal recourses at the disposal of the SABC.

ENDS

Issued By: Group Communications

Media Enquiries: Kaizer Kganyago
082 306 8888

OUR RESPONSE:

1. Our demands are not unlawful and unreasonable. The CCMA has confirmed same.
2. Our concerns have never been addressed, hence the matter remained unresolved at the CCMA,
3. We have no faith in the internal disciplinary system of the SABC. It is usually manipulated by Management. Either to unlawfully dismiss employees they want to get rid off, like the Durban 4 or to protect management, like in this case.
4. The CCMA has indicated in no uncertain terms the strike will be protected. To interdict would be another fruitless and wasteful expenditure. This also is a clear indication the SABC does have money. Any interdict will be defended with costs to the SABC.
5. We are willing to address issues. There is still 24 hours left to do so. If there is no resolution, the strike will go ahead, as planned.
6. The only outcome at the CCMA was that employees are entitled to strike.

Strike at Lotus FM

In less than 24 hours there will a full blown strike at Lotus FM.


BEMAWU members at Lotus FM for some time now experienced serious differences with the Station Manager. They passed on information to internal audit which resulted in disciplinary action against the station manager.


After a disciplinary hearing the Station Manager only received a final written warning valid for 8 months.


Staff at Lotus are now victimised because of their participation in the audit.

We demand that the Station Manager lawfully be redeployed to another position, and that her disciplinary hearing be reviewed by a neutral third party.

In perspective

BEMAWU, as a responsible and professional trade union believe its our duty and responsibility to put the statement "You can strike until you blue in the face" accorded to the new chairperson of the Board in perspective.

This was not said in any negative or challenging and disrespectful manner. The SABC has made another R100M deficit in the past quarter. The total deficit is now approximately R960M according to Gab.

It is in that context she has said that it is our constitutional right to embark on a strike, but it will not change the financial position of the SABC and generate more money.

BEMAWU did not agree to the 8.5% increase. We had a meeting with our members where we have stated the factual situation to our members. We have explained that we are driven by a mandate. If the mandate is to proceed with a strike, we will continue to organise same in an as effective as possible manner. We have to ballot members and properly seek mandate for each proposal put by management. This is something required by every trade union's constitution. The shouting and screaming of a few individuals can not even by a healthy stretch of the imagination be seen as a mandate. Each and every member has the right to vote on issues where their salaries and income could be severely affected as a result of a strike and lockout. The fact that we said we will again ballot our members does not mean we have accepted anything.

BEMAWU was the last union to sign the multi-term agreement. We did not want to sign it because inter alia it was so poorly drafted that it could be interpreted in many ways.

We are still committed to the process and our mandate has not changed until the next ballot. If the majority of our members are prepared to conditionally accept the SABC's offer, we would be irresponsible if we ignore that and proceed with a strike. Equally, if members are not willing to accept the offer, we can and will not ignore that, and we will continue with the strike.

Meeting with new Chairperson of Sabc Board

Organised Labour yesterday met with the new chairperson of the Sabc Board, Irene Charnley and two other Board Members.

It was a cordial meeting and Organised Labour expressed their trust and confidence in the new Board and its desire to work with the Board to rid the SABC of corruption and reckless spending. All three unions individually confirmed their confidence in the Board and commitment to stabilise the SABC.

Memorandum

We handed over a memorandum to the SABC yesterday setting out our demands. We gave them two days to respond. Until Friday no further action will happen.

We will again send out an sms ballot after the two days.

I will be in Durban today and tomorrow. Members at Lotus FM will be at the CCMA tomorrow to obtain a certificate to embark on a strike in respect of an unresolved grievance at the Station. Staff has no confidence in the manager who have been found guilty of serious transgressions. She has also removed the two top presenters, Vikash and Ray from the station.

Message to Urban Brew, Atlas Studios, other production facilities and freelancers

As from tomorrow employees at the SABC will embark on a protected strike to enforce a promise to pay, being 12,2%.

If you assist the SABC to continue to broadcast, it may have an effect on our strike. As the SABC has promised employees to pay, and is now reneging on that agreement, so they have done to you too. We have supported you in your attempt to get your money, please support us too. This strike is not only about a salary increase. It is also about responsible management and the ability to keep on functioning as a public broadcaster, but without the big spenders.

And maybe you will also not be paid for helping out. They had to be sued by their previous lawyer to be paid.

March

As from today BEMAWU members may participate in any industrial action without permission from management. Any participation outside lunchtime hours can be regarded as a protected strike. The principle of no work, no pay can be applied by management. Since it will only be for an hour, and the intention is to hand over a memorandum to the SABC, we trust that management will not be small minded and try to deduct an hour's salary.
Bring some warm clothes. Its cold out here, both in terms if the weather and no increase.

Meeting with Board

Unions will meet with the chairperson of the new Board today at 13:00. Please remember to attend the meeting for BEMAWU members only today. We had to combine the previous meeting at the last minute due to new developments.

Today will be for BEMAWU members only.

Plans for tomorrow

Please take note that tomorrow there will be no strike, but only a march from 10:00 to 12:00. The march will start at the Sentech Tower and will end at the SABC.

Our strike notice will only be effective from tomorrow. We will only by tomorrow notify the SABC when we will officially strike.

We have a BEMAWU only meeting tomorrow, 14 July at 14:00 in K1 Auditorium. We urge you to attend that meeting in order to get a clear mandate from you.

Meeting with chairperson of Board

We will be meeting with the Chairperson of the Interim Board at 14:00 today.

Latest offer

Offer 405-409=10,25%, 401-404=9,75%, 300=9,25% all backdated to 1 April. Joint meeting on Monday, 12:00 to 13:00 for a mandate.

Meeting with Gab

The meeting with Gab has started. He's back from the doctor. He went for x-rays after having chest pains.

Minutes of meeting of 8 July

MINUTES OF A MEETING BETWEEN SABC NEGOTIATING TEAM AND ORGANIZED LABOUR HELD ON WEDNESDAY, 8 JULY 2009 IN THE ROOM 224 BOARDROOM, RADIO PARK

SABC
Bernard Koma
André Weber
Eddie Molokwane
Jaco van Staden
Liketso Mokokoane
Tseliso Ralitabo
Masaccha Mbonambi

ORGANIZED LABOUR
Themba Gasa
Billy Matsitse
Lungile Lushozi
Mimi Lushaba
Tommy Morudu
Hannes du Buisson
Ernest Dlamini
Nomthi Taukobong
Vulture Ntuluki

Scribe:

Ray Halim-Administrator: Bargaining Forum

Meeting convened with no welcome or introductions just organized labour stating that they were invited to this meeting and needed clarity on the purpose of the meeting and who they were representing.

Response:

Bernard Koma on behalf of the management team – thanked all and appreciated their attendance. He stated that the team was aware of the salary negotiations which have gone beyond expectations. He also confirmed that the team was put together by the GCEO to try and facilitate continued salary talks with organized labour and that the GCEO, CPO and Sipho Sithole will not be joining the meeting.

Response:

Organized Labour responded that at a meeting held on Monday, 6 July 2009 it was made clear to Management that they had started the process and labour expects them to continue with the process until concluded and this is the basis of labour's question as stated above –'who are you'.

Organized Labour continued to state that they had expected the Minister of Communication to be a part of this meeting as this was the undertaking from GCEO for a multi-party forum with the Minister.

Organized Labour also stated that previous communication was a problem with the GCEO and the wanted the mandate giver (the Minister) to attend the meeting for clarity on the situation, and now failed to understand why another level is introduced which will further complicate the communication.

It also was clear to organized labour that this team was not sure of the offer and so effectively was bringing nothing new to this table.

Organized Labour stated that it is a waste of time trying to discuss issues already on the table whilst the place (SABC) due to the strike is going to burn in a few days and meant it literally not figuratively that the SABC will be going off air in a few days.

Organized Labour wanted to know who made this decision to bring in a new team of negotiators. They stated that constructive meetings to resolve this issue were urgently required and that this is unprofessional behaviour demonstrated by the SABC Management. They also questioned why those who they have been in discussions who carry the mandate, is now distancing themselves.

Organized Labour further stated that if individuals in the organization had the interest of the organization at heart they should have engaged labour as early as February 2009. and perhaps labour would have agreed to a negotiated salary increase. Going one step forward and 15 back will be irresponsible from labour and it will not be able to explain to crowd seen outside why they have taken so many steps back.

Response:

Bernard Koma responded that he wanted to address 2 or 3 issues and stated that the team was not informed that the Minister would be required to attend this meeting. He also agreed that talks have been happening with the Group Executive and that they had decided that this team continue with the negotiations and requested perhaps one of the other team members to assist.

Eddie Molokwane requested a caucus as he felt it imperative that the team respond accordingly to the issues raised by Organized Labour.

Response:

Organized Labour stated that they had no intention of being rude, but a caucus would be futile if this team did not have a new mandate and that it was a waste of time to continue with this meeting.

Response:

Eddie Molokwane reiterated the purpose of the caucus was to give an informed and responsible response to the questions raised and once again requested a 5 minute caucus.

Response:

Organized Labour stated that meeting with this team was a problem as the GCEO had no time to caucus and had the answers immediately. Sitting with this team while they have to consult for a mandate while a strike is going to take the SABC off air is a waste of time and irresponsible. Labour just wants an answer 'YES or NO'.

Response:

Bernard Koma once again requested the 5 minute caucus and stated that the team will address that question after the caucus.

Response:

Organized Labour commented that it is no point as it is clear that there is no new mandate, and that the team should not say they do not have a new percentage as labour is aware that the team was briefed.

Response:

Tseliso Ralitabo – "I'm of the opinion that we should be given an opportunity to caucus in order to respond to your questions which obviously is in conflict with the brief. More importantly to have a sense of your understanding of a new mandate and I want a sense of the last mandate so that I can say whether we have a new mandate or not."

Response:

Organized Labour – "you see Cde that is creating and adding to the problem. You've made it a very, very big problem because if you don't even know what was said previously to us, on what basis do you come here and talk to us if you were not properly briefed. So what you are effectively saying is that you are going to run back to two weeks and now we will have to brief you and inform you on what was said and not said for you to get on speed if you don't know what the mandate what was last presented to us it is a serious problem – we take exception that we are getting that kind of treatment from the SABC side but let me help you the last offer was we don't know where the another 1.5% will come from whether it will come and how it will come – that's the last offer."

Tseliso Ralitabo – "thank you very much Cde that's what I wanted to know. I didn't not say I did not know what the last offer was I needed to calibrate your understanding of the last offer to compare what we have to say new or not."

Organized Labour agrees to caucus

Bernard Koma thanked labour for the caucus and requested Tseliso Ralitabo to address the meeting.

Tseliso Ralitabo's response - the team respects labours position as they were not aware of all the issues and stated that they will communicate same to principles as the continuation of this meeting would be in violation of agreements between Management and Labour. Tseliso Ralitabo also apologized for inviting labour to a meeting without full background to previous meetings.

Meeting closed.

More lies...

The SABC has send the following letter to us at 15:00 today.

This letter contains several lies....

Our response...


THE ACTING GROUP CHIEF EXECUTIVE
SABC
AUCKLAND PARK

Per E-mail

Dear Mr. Mampone,

SALARY NEGOTIATIONS

Your letter of even date has reference.

1. We took note, with concern of the contents of your letter under reply and wish to place the following on record:
   

• We did not refuse to enter into negotiations with the SABC, we attended the said meeting,
• The SABC had no mandate at all, let alone a clear mandate, and it was so stated on the record,
• The team had no offer to make, they stated on record they had no mandate and they did not know what previous offer were made to organised labour.
  

2. We do not know what games are being played by management, but we believe management’s conduct is reprehensible and dangerous. The three unions at the SABC is about to enter into a full blown strike at the SABC and it appears as if management is not serious about the risk they are putting the public broadcaster at.

3. The offer put to organised labour now is no different to what has been put to us before. We will not and cannot accept offers that has no substance. By stating that the 1.5% is subject to formal approval by the SABC means the Board may not approve the 1.5%. The offer will then remains at 8.5% which have been rejected before.

4. We also note that reference is being made to the SABC Board. Parliament is currently busy calling for nominations for a new Board. This means we have to wait for the Board which will only be appointed after six (6) months before we will know whether the 1.5% has been approved or not.

We insist that you rectify the issues raised in paragraph 1 above. We have a recording of the meeting that will confirm what you have stated above, never transpired at the said meeting.

Sincerely,

Hannes du Buisson
President : BEMAWU

Meeting feedback

Today's meeting at 14:00 was a prime example of "fruitless and wasteful" behaviour by the SABC. An entirely new team of junior people were send with no mandate or fresh offer. They did not know what the last offer was and they were not aware of the fact that we were expecting the Minister to meet with us. As no fresh offer were made and nothing was put on the table to resolve the impasse the meeting adjourned after 15 minutes.

There is another lunchtime picket on Friday from 13:00 to 14:00.

Meeting with Gab

We will meet the Acting GCEO and his team today at 14:00 in an attempt to break the deadlock and to avert a full scale strike. Please make sure we have your correct cell number. Any new offer will be posted here and also sms'd to you.

Another victory for BEMAWU!

If you ever had doubts as to why you should belong to BEMAWU, keep on reading. These employees would not have been able to drive and fund a case like this on their own.

Today the Labour Court dismissed the SABC’s review application with cost in the Durban 4 matter, ending a lengthy and extremely expensive legal battle between BEMAWU and the SABC.

In a nutshell this case is about four BEMAWU members employed in the Durban office. They tendered on obsolete SABC vehicles. The SABC alleged they have breached tender rules (tendering on behalf of someone else) and summarily dismissed them. They were reinstated by the CCMA. The SABC took the CCMA decision on review to the Labour Court and today the Labour Court ruled in favour of the Union confirming the reinstatement of the four BEMAWU members.

We have seen figures of more than R3 Million spent on only this one case by the SABC. The SABC Regional Management in Durban, Mr Zakes Dube and Nokotula Luthuli must be investigated by the Auditor General and they must personally be held accountable and liable for these expenses. How possibly can anyone justify these enormous expenses for such a simple matter? Civil and criminal charges for fruitless and wasteful expenditure must be investigated against them.

So Mr Dube, are you and Mrs Luthuli going to spent another R3 Million of SABC money to take the matter on appeal? And we want our legal cost to be paid without delay, or else we will again send the Sherriff to reposes the SABC’s property.

Our members in middle and senior management

Our members in senior and middle management should please take note that under no circumstances should you agree to accept a lower percentage increase. There is currently no defined bargaining unit, and you are entitled to the same increase as all other members of BEMAWU. We will most definitely fight for this.

No 10%

Please note there is NOT 10% on the table as alleged. The offer is still 8,5%. Gab could not tell us when and how the extra 1,5 % will be implemented. He undertook to talk to the Minister and come back to us. We are still waiting for him to report back. This is with reference to this mornings broadcast and newspaper reports.

Why Strike

BEMAWU has always been a responsible and professional union. We have, consistently remain the largest union at the SABC and continue to fight for the rights of our members.

We have stated on record that industrial action is a last resort. Our decision as a union to go on strike, is reserved for the most serious issues.

Our SABC is stands on the brink of total destruction. The proud organization we have built up over many years has made headlines in the world and local news; driven by fruitless and wasteful expenditure, corruption, political interference and in-fighting. Most notably however, is the financial situation the SABC finds itself in.

Last year during salary negotiations a multi-term salary agreement was proposed by management. This was to ensure labour peace during the Confederations Cup and the World Cup Soccer in 2010. BEMAWU initially refused to sign the agreement, because it was drafted in such a manner that our members could have been severely prejudiced by it. The prejudice was if the CPI-X was to be very low, i.e 4%, our salary increase for 2009 would have been 5 %.

However, towards November last year [2008] we realized that the CPI-X would pitch high, in which event the agreement would favour the members. BEMAWU signed the agreement. The agreement has a clause which stipulates if the average CPI-X goes below 4% or reaches 9% and above, any party may re-open negotiations. It is common knowledge that the average CPI-X for the year was 11.2%. In terms of the agreement the SABC is obliged to increase salaries by 12.2%. It has failed to do so.

Had the SABC followed sound practice (as BEMAWU had), its calculations would have shown that the CPI-X would pitch higher than 9%. The SABC was then supposed to have re-opened negotiations . It however failed to do so. The SABC waited until after the implementation date of 1 April and still failed to properly negotiate with BEMAWU. At the implementation date, and in absence of a new agreement, the SABC became liable for the CPI-X plus 1% (12.2%). As a result, the SABC is, and will remain liable for this percentage until it has negotiated a new percentage.

The SABC has made several offers, which were rejected by BEMAWU. In a nutshell we rejected these offers because they [the offers] did not address the implementation of the 12.2%.

The two other [SABC] unions referred disputes to the CCMA as “interest” disputes, whilst BEMAWU referred a “rights” dispute. An interest dispute is something you are not entitled to, but which you believe you can enforce by means on industrial action. A “rights” dispute is something you believe you have a clear right to, which may only be enforced via litigation (CCMA, Court). The other two unions had to abandon their right to the 12.2% increase in order to get permission to go on strike, and they did so at the CCMA and the Labour Court. The Labour Court granted permission for a strike.

BEMAWU still believes its members are entitled to the 12.2% increase and it should be enforced via arbitration. BEMAWU has indeed received a setdown notice for arbitration at the CCMA for 12 August 2009. However, in light of the Labour Court ruling that the dispute is a dispute of interest, BEMAWU approached SABC management yesterday to clarify what its stance would be at the CCMA on 12 August. If we wait until then, and they (the SABC) present the Labour Court ruling it may well be that the CCMA rules that our dispute is a dispute of interest too. BEMAWU will then not be able to proceed with arbitration.

Based on that, and other factors, BEMAWU has decided to ballot its members on a strike. At this point in time it will be a secondary strike; this would be considered a sympathy strike. The outcome of the ballot was in favour of a strike.

The way forward.

Today BEMAWU will give the SABC seven days notice; as required in terms of the Act. A “BEMAWU only” meeting will be held before we embark on any full scale industrial action. At the meeting members will discuss inter alia whether we should indeed proceed with a full scale strike, how this should be approached to maximum effective.

Some members voted against a strike; it is a democratic right to not go on strike and nobody will force or intimidate a member to strike, should we proceed with a strike. We are urging members to please attend the meeting that is scheduled for this week to voice your opinion.. “Come and listen to what others are saying why they want to go on strike. Come and ask questions which cannot be answered and discussed here.”

Most importantly, BEMAWU urges its members not to resign from the union if they do not want to go on strike. By doing so its members are playing into management’s hands in more than one way. It has been said openly that the SABC will have to retrench. “If you are not a union member, no-one will fight for you, and you may become a victim. We are fighting collectively for better conditions of employment for all. But our fist priority will always be our own members.” BEMAWU has made proposals in the past and it has done so again that a higher percentage increase should be awarded to unions members. This will save some money as a third of the bargaining unit is not unionized. Management is on record that they prefer that all employees belong to a union. If you are no longer a union member, you may find yourself in a group that will receive no increase at all, or maybe a lower percentage increase.

BEMAWU is hopeful that it will not be necessary to strike to reach agreement with the SABC. Members are however in control of the mandate, and have voted to proceed with a strike. “If you are prepared to accept a lower increase, we will discuss it in the meeting to follow this week.” BEMAWU will again meet with management and there is a possibility of a meeting with the Minister to try and reach agreement.

The medical doctors went on strike to improve their conditions of employment. They have decided to stand up and fight for not only their livelihoods, but for the sake of their families and because they owe it to them. It is not a crime or a shame to exercise constitutional rights and to strike.

Remember to visit our blog at http://bemawu.blogspot.com for instant news and updates. E-mails have become a very cumbersome and difficult way to communicate as it is constantly blocked and delayed.

Strike Ballot outcome

We have counted the votes and 55.11% of our members voted in favour of a strike.

It is a democratic right to participate or to not participate in a strike. If you have voted no, please do not resign from the union just because you do not want to go on strike. If you don't want to strike, you simply continue to work.

Members are in any event bound by agreement to give 1 month's notice. Also, no employee at the SABC should be without a union now, as we have heard SABC Management talking about possible retrenchments. Unions will only take care of their members.

We are hopeful that the matter will be resolved before it is necessary to embark on a full blown strike in 7 days, as we are bound to give 7 days notice, which notice will start tomorrow, 7 July.

We will plan the strike to be very effective and it should be over within a day or two. We will make it a condition that members will be paid for days on strike to call off a strike.

In a meeting today with Gab he promised to come back to us by tomorrow in respect of the remainder of the 8.5%.

Members must please be patient. It's a difference of 3.7%. Remember, we are bound by the same multi-term agreement next year. CPI-X could be 4%, and we will be bound by the agreement to accept 5%. No arbitration, no strike then.

Date for Arbitration

We have received a date for arbitration of the Salary dispute with the SABC. The matter has been set down for 12 August 2009. We will present evidence that our members are legally entitled to the 12.2% increase.

Strike Ballot

On Friday the SABC has tabled what they called a revised offer. The offer is 8.5% immediately backdated to 1 April and a commitment to a further 1.5% with no indication when it will be paid, how it will be paid and if it will be backdated.

This is nothing new.

The SABC has committed itself to CPI-X plus 1%. This is not in dispute. It is also not in dispute that it adds up to 12.2%.

We hear no commitment or negotiations in respect of the difference between 8.5% and 12.2%. Management keeps on saying we know we owe you 12.2%, but they are not prepared to commit on the difference.

The only commitment that came out of the meeting was that they will now take action against managers who have been implicated in audit reports.

We will only believe them once they start suspending those managers.

Please remember to attend the ballot at 12:00 today at K1 Auditorium.

Meeting on Friday, 3 July 2009

A General meeting will be held on Friday, 3 July 2009 at 13:00 at K1 Auditorium. Regions to be linked-up as usual.

It is important to attend this meeting. At this meeting we would like to get a mandate from you, the members on how to proceed with the salary issue. We would like to know if you still adamant to proceed with a strike, or should we approach the matter differently.

If you do not attend, other people may decide on your behalf.

We are aware of intimidation tactics from management. In particular the threats that they will lock-out all BEMAWU, MWASA and CWU members. We believe this is a flight of their imagination. The SABC will NOT be able to function without 70% of its operational staff.

This is not a threat, but if ANY freelancer is going to agree to perform the work of any striking member, they will no longer enjoy the protection of the unions at the SABC. We call on them to please not accept assignments from the SABC.

We also call on our members to not do the work of any striking employee, as it will work against any attempt to convince the SABC to pay us the 12.2% - a percentage we have an agreement on.

The Acting GCEO, Gab Mampone has requested a meeting with organised labour tomorrow at 10:00.

We will give feedback about that meeting here and in the 13:00 meeting tomorrow.

During a strike the principle of no work, no pay applies. If we decide to go on strike, we have to make sure we are as effective as possible. In doing so, we will make sure striking workings will get paid.

Please do not perform extra work now in order to stock-up programmes. You can refuse to do more than your daily task.

Since the producers out there are not being paid regularly, they are under no contractual obligation to provide the SABC with programs to broadcast. We have joined them in their march to the SABC. We will call on them to stop providing the SABC with material to broadcast during a strike.

BEMAWU will have its own meeting with members to determine support for a strike. We will communicate the date and time for this meeting.

Please make sure we have your correct cell number. Tell friends and colleagues too. Mail it to us at headoffice@bemawu.org.za or sms it to us at 0829208669. Please include your name.

We have received new complaints of the misuse of money and fruitless and wasteful expenditure. If you know of new wastage, let us know. Our fax is 0866715585. Send us the information and you don't have to include your name. We will never reveal your identity.

If you know of any audits being done and no action taken, let us know. Now is the time to rid the SABC from all the rot.

Kindly also respond to our SMS's.

It's 1-0 for organised labour

The SABC has lost, with cost it's urgent interdict against organised labour in the Labour Court. The SABC launched an urgent interdict against the unions to prevent us from going on strike.

Now the Labour Court has ruled on it, and we may now, within 48 hours embark on a protected strike with permission of the Labour Court.

We will update you soon on the way forward.

Labour Court

The matter has been postponed once again and to 3 July. CWU and MWASA agreed to not proceed with a strike. More details to follow as soon as I have more information. Someone is making money here...
Sent via my BlackBerry from Vodacom!

Gab's Lies

The Acting Group Chief Executive of the SABC, Mr Gab Mampone is lying if he says BEMAWU did not sign the multi-term agreement. We signed it in November 2008, and we faxed it to the SABC. We have proof of same.

We altered the agreement slightly by removing one word, but apart from that, we have accepted the agreement.

We have proceeded to refer the salary dispute to arbitration.

Should the other two unions succeed on Thursday in the Labour Court, we will apply for a secondary strike, and our members will be entitled to participate in the strike.

We still hope management will come to their senses and negotiate with us instead of having meetings until 02:00 in the morning to prepare strike plans.

There is massive support for a strike from within management because you had unilaterally decided to take their increases away, Mr Mampone. No plans will keep the SABC on air should we continue with a strike.

Mr. Mampone, you have confirmed in the general staff meeting you owe us the 12,%... Honour the agreement, or we may refuse to honour it next year with the World Cup.
Sent via my BlackBerry from Vodacom!

At the Labour Court

The matter was postponed until Thursday, 25 June 2009. MWASA and CWU agreed to the postponement and also gave an undertaking they will not embark on a strike in the meantime! The issuing of our notice for a strike is solely dependant on their CCMA certificate as our members will be able to join in a secondary strike only.

I think we have missed the boat by agreeing to a postponement and to not strike.

28 June is the last day of the Confederations Cup.

Eish!

SABC filed interdict

The SABC late yesterday afternoon filed an urgent application for an interdict in a desperate attempt to stop a strike at the SABC. Suddenly their arrogance is starting to make sense. They had this card up their sleeve, and what will be decided today, at 14:00 in the Labour Court is whether it was an Ace or not.

As if they haven't wasted enough money! Another court battle, costing hundreds of thousands of rands whilst employees received a ZERO percent (0%) increase and Producers and Service Providers are begging for payment - for money legally due to them.

The application was served on MWASA and the CWU and on an undisclosed group of employees. We are not sure if we are included in that group. We will in any event add ourselves as a party to oppose this application.

The SABC is acting in bad faith, high handedly and with arrogance.

D-Day for SABC

The CCMA issued a certificate of outcome a few minutes ago. It now means SABC employees may embark on a protected strike after proper procedure has been followed. The procedure is as follows:

• We must ballot our members ,
• If the outcome is in favour of a strike, the SABC must be given 48 hours notice,
• In respect of BEMAWU members, because we have structured our dispute slightly different, we will have to give slightly longer notice.

Permission has been granted by the SABC to have a general meeting with members, tomorrow at 12:00. - K1 Auditorium.

It is critical that you attend. If you don't, other people may make decisions on your behalf.

You do not have to strike if you don't want to. It is entirely voluntary. Nobody will force you to do so. It is however important to note that we will all benefit from a strike. The more people participating, the quicker it will be over.

Please attend the meeting.

At the CCMA....

In summary:

• Conciliation at the CCMA took place on Monday. 8.5% were offered and was rejected by the unions. The Commissioner undertook to issue a Certificate of Outcome by no later than Thursday, which will enable SABC employees to embark on a protected strike 48 hours thereafter.
• Union leadership met with Mr. Ismael Vadi, chairperson of the Portfolio Committee on Tuesday at Wits. He gave an undertaking that the turmoil at the SABC will receive parliament's most urgent attention and expressed the Government's concern that the Confederations Cup may be in jeopardy if employees proceed with a strike.
• Please vote. See left.

In detail:

What has been called a revised offer were tabled by the SABC on 15 June at the CCMA.

Andre Weber, the notorious acting General of employee relations (oops, I left out manager) informed Senior part-time Commissioner, Mr. Patrick Stone the SABC is prepared to offer 8.5% and no more. The difference of 3.7% will disappear in thin air.

Another fatal and extremely poor managerial decision, Mr. Mampone!

You have send someone at the most critical time in the history of the SABC to the CCMA who has absolutely NO human relations and who is deeply mistrusted by the unions. No-one even listened properly to Mr. Weber who is always willing and ready to attempt to impress all and sundry with his legal technical arguments. For angry employees who has already started to embark on small-scale wild cat strikes (the sit-in at Gab's office for example) this is petrol on fire.

Mr. Mampone, this would have been the time to send your best and most trusted negotiators, not your police. If ever there was a need to spent money on a consultant, this would have been the time to do so. Those are the skills you don't have in the SABC. You would have expected in any normal organisation the Chief Executive of Human Resources to be that person. Trusted by the Unions because of the good relationship you have build with them. Instead, Mr. Mampone your CE, Human Resources has since the peaceful sit-in at your office (the office which you occupied illegally according to the Acting in higher grade Policy of the SABC) never came to work. Not that we miss her. She was in any event most of the time not there - in more than one way. Now she is too scared to come to work.

Has she filled in a leave form?

Back to salaries. Mr. Mampone has invited the unions to a meeting today. We will soon report back. If no better offer is made, we will proceed with action.

IMPORTANT!
The SABC raised a technical point in respect of the wording and classification of the disputes referred to the CCMA.

Mr. Weber wanted to delay the resolution of the salary dispute by arguing before the Commissioner that the matter must be set down for evidence before a certificate can be issued.

What a stupid thing to do!

When you are sitting with a situation where disgruntled employees are already spontaneously embarking on wild cat strikes every sensible employer would want to resolve this as quick as possible. Particularly an employer who has spent millions of public money to litigate against its own employees. More particularly an employer who has the responsibility to broadcast the Confederations Cup and who is on the eve of the Soccer World Cup.

But not Mr. Mampone and Weber.

BEMAWU filed our dispute as a dispute of right. It basically means we are saying our members are in terms of the agreement entitled to the 12.2% increase and we will enforce that by way of arbitration/court action. The consequence of this is that BEMAWU members may not embark on a primary strike, but may do so on a secondary strike.

The other two unions termed their dispute differently - as a dispute of interest. It basically means they are saying their members are not entitled to the 12.2% increase but they (we) want it and we want to resort to industrial action should we not get it.

Ok, so there is method in this madness.

We have structured the disputes in this manner to cover ourselves properly. We termed our dispute as a dispute of right because we have an agreement that stipulates the SABC is liable for CPIX plus 1% thus 12.2% increase. It can however take some time to get the dispute arbitrated. So the other two unions termed their disputes as interest disputes, which will enable all three unions to strike - in their case a primary strike, and our members may join in a sympathy strike.

Our collective members at Sentech may also join in a sympathy strike.

PLEASE, PLEASE, PLEASE!

Mr. Minister, let us not disappoint our viewers. Let us not scare away the World Cup. But please understand, SABC employees also have rights. And it is a legislated and constitutional right to strike on a matter on mutual interest, i.e a salary increase.

And PLEASE, you have now seen the results of party politics in an organisation. Learn from the past and please ensure we will get a broadcasting, and not a political board. And please get rid of the party political camps in management. Any citizen has the constitutional right to belong to a political party, but they don't have the right to practice that in a workplace where other groups of employees are discriminated against because they don't support the correct political party. We cannot again afford an organisation where you only get promoted and a nice job because you are carrying a card of the correct political party or its affiliates and alliances.

14913

Management by Police Force

Yesterday (12 June 2009) will most probably go down in history books as the ultimate low point in the existence of the SABC.

Who ever thought the Green Revolution would end with armed policeman flooding the Piet Meyer building (the old apartheid name for Radio Park) trying to intimidate union leaders and threatening us with military action by the Army?

Arrogant, rude and power-drunk policemen with no regard for human rights or the law.

Who ever thought being a First Citizen would mean having no voice, no right to peacefully demonstrate, no right to attend a meeting with your union, no right to attend a labour dispute at the CCMA whilst being an applicant in the matter?

Who ever thought Human Resources would mean having Group Exco being guarded and escorted by security guards in the workplace, not because there is a real threat against anyone, but because they screwed up the SABC so badly they believe they are under threat?

How badly do you have to manage an organisation that you are scared of your own, peaceful employees?

So what happened yesterday?
After our interview on Morning Live the three union leaders (myself, Lungile from MWASA and Vulture from CWU) went to the Coffee Shop at Radio Park. Shortly thereafter Vulture left and Lungile and I remained, having some more coffee. Then the police arrived. Guns, radios, spare magazines – armed to the teeth. And then some more and more arrived. Whilst sitting there, minding our business, two officers arrived at our table. The one, a “Sup” was fat, arrogant with a dirty gun in his holster. The other one a short inspector who could not speak properly, but barked at us the whole time, flashing his gold filled front teeth. He was clearly on his own planet and demonstrated behaviour exactly as they do in the movies. I think I saw a Movie Magic card in his pocket. Without telling us why, he wanted to have our names and contact details. He struggled to write it down properly and we had to repeatedly spell it to him. We were informed that they received information that there will be illegal action. We denied that there will be any illegal action and we informed them that there is a possibility that a few employees may gather at reception to peacefully demonstrate their utmost unhappiness with Group Exco and the Board. The “Sup” informed us that the SABC is a National Key Point, and any action would be illegal. When I asked him since when would it be a criminal offence to peacefully protest in a workplace he responded: “We will arrest anyone gathering here at reception.” I said to him that they cannot arrest people for that. The fat and clearly unfit “Sup” responded “You will see it today”.

What possible threat could we be - two peaceful union leaders - the one a woman sitting by ourselves having coffee in a public Coffee Shop in SABC reception? What possible threat could a handful peaceful employees demonstrating their dissatisfaction with incompetent management be?

We assured them that there will be no action, but also said to him that we will file a dispute at the CCMA, and after we have obtained a Certificate from the CCMA, we will peacefully and procedurally demonstrate.

As members have the right to know what’s going on in the workplace and unions have the right to meet with its members, I SMS’d Phumelele (Chief People’s Officer) and requested permission for a meeting at 12:30. She agreed.

Andre Weber then refused. He for the first time ever wanted to have an agenda, formal letters and wanted to know what we want to talk about in the meeting. Security police stuff. And then they send people to lock the venue we have booked.

What a sick showdown of power by an incompetent Board and Group Executive. No wonder Senior Management have also no faith in them and is calling for their resignation.

National Key point or National F-up?

ANOTHER VOTE OF NO CONFIDENCE

We are in possession of a memo addressed to Group Exco where the Senior Management Forum demands the resignation of Gab and Robin Nicholson in particular and has put a vote of no confidence in Group Exco and the Board.

Since all three unions also filed a vote of no confidence in Group Exco and the Board, we have collectively decided, as BEMAWU, CWU nad MWASA that since we have no confidence and trust in Group Exco and the Board, we will henceforth and until such time we have a legitimate Board and a new Group Exco in place only deal with the Senior Management Forum. They together with employees and our members are the backbone of the organization and we share the same concerns and fears.

We will formally write a letter to the Senior Management Forum (excluding Group Exco) to establish a forum where will jointly make sure the SABC is managed properly and where we will address our issues and concerns. We will have our differences, but at least there will be trust and confidence from our side. We will no longer deal with Group Exco until our demands are met.

A reliable source informed us that the wastage of money is still continuing. It has been reported that Mvuso, Thelma Melck, the company secretary (WHY SHE???) and 3 other senior managers in the past week went to Los Angeles to the screening of new programmes. Whe already have more than enough programmes to broadcast, and what is he and she doing there in any event? If the SABC wanted to buy programmes, why not sending people involved in buying programs?

14652

Light at the end...

Three more Board members have resigned.

Desmond Golding, Andile Mbeki and Bheki Khumalo. Its almost like burning the place down to smoke the rat(s) out. Indiscriminately. What a pity the good rats - if there is such a thing - get hurt in the process.

What a pity government, the stakeholder did not act earlier. Party politics in an organisation are usually very destructive. The SABC is no exception. It is even more destructive if employees are drawn into the fight for political control, without them knowing they are in fact supporting a political party and its fight for control of the Public Broadcaster.

BEMAWU is not politically aligned and not affiliated with any Federation. We do not practice party politics - we are there for all our members, no matter what political party they support (or don't support). Political parties are for politics, trade unions for workers rights.

PROTEST ACTION
Yesterday’s “sit-in” which happened spontaneously was NOT legal. Today’s sit-in will NOT be legal! We do not support illegal action that may jeopardize the employment of our members.

This is a call for our members to please NOT participate in the unlawful action planned for today. We believe it is irresponsible and foolish to call on employees to support and participate in an unprotected strike or illegal work stoppage.

We did not plan it. The communiqué that was send out claiming to be a joint communiqué was NOT authorized by BEMAWU. Please take note that we will never request someone else to talk on our behalf. If you ever in future receive a communiqué from anyone else but BEMAWU, know its fake and please do not act on such communication. We will use our own letterheads and the other methods of communication to inform members of meetings, actions, etc. We will use this forum in particular.

We support the principle and we are in agreement that Gab and the people responsible for the mismanagement of the SABC must go. But we are not in agreement it should be done in an unlawful and unprocedural manner.

For such action to be lawful and protected, a dispute must be referred to the CCMA, conciliation must take place and 48 hours notice must be given. Else, it’s an unprotected strike and employees can be dismissed/disciplined. We cannot criticize the SABC for not adhering to Law and Policy, whilst we also do the same.

We are at the CCMA on Monday in respect of the salary dispute.

Members who want to attend the CCMA hearing may do so. It is your right to be there as you are an applicant in the matter. The exact details will be added here soon.

If it is at all possible to be there, please come and show your support.

14460

Retrenchments coming under this Board?

This is what the acting Group Chief Executive that is trusted by only half of the dysfunctional board, who now has three votes of no confidence in him,

1. By organised labour at the SABC consisting of three trade unions representing by far the majority of SABC employees,
2. By the Top 100 managers of the SABC,
3. By disgruntled staff, after he failed to address staff yesterday,

is saying:

"He said all major consulting work had now been stopped completely. "There are just small areas where we believe specialist intervention needs to be done."He said a study done on behalf of the SABC had showed that the organisation had surplus staff "all over the place"."Our new operating model that we need to implement will clearly allow us to come up with an optimal structure that says wherever we have excess fat, that fat must be removed from the organisation."

What part of vote of no confidence does he not understand?

• Why do we need more consultants (again!) to tell us the SABC is overstaffed? The mere fact that you did not ask HR to do the study clearly indicates that you yourself don't trust them. This confirms our vote of no confidence in them. You have also now effectively put a vote of no confidence in them.
• Human Resources Management (HR), and they alone are in control of appointments. Why did they allow and made all these appointments? Why must staff who bona fide accepted employment with the SABC and left previous jobs now be faced with retrenchments because incompetent HR Management appointed them? Why do we still have those HR Chief Executive employed? Why haven't you taken action against her, Mr. Mampone?
• WE DO NOT TRUST YOU, YOUR NEW MODEL OR YOUR CONSULTANTS TELLING YOU ABOUT SURPLUS STAFF. There is a vote of no confidence in you. You were told this three (3) times, or is it 4 times? Did the Independent Producers say so too?
• The only surplus staff we have is the Board and Group Executive.
• Staff did not appoint themselves. If we are in this financial crises because of surplus staff, then HR Management has put the SABC in this financial crisis. Why no action? What if they do so again?

In terms of Section 189A of the LRA employees may embark on a protected strike if faced with retrenchments.

We will not allow the SABC to retrench our members without us fighting this in the highest court.

Cutting must start from the top and end before the bargaining unit.

And whilst Mampone is saying the SABC must cut staff, the Minister says appoint more:

"Nyanda was briefed on challenges facing the SABC, including the broadcaster’s financial crisis, the salary negotiations with unions, differences between board members and the filling of key vacant positions.
The SABC has been facing a leadership crisis since the appointment of the new board in December 2007. Three board members — Peter Vundla, Christine Qunta and Fadilah Lagadien — have resigned this year, with Lagadien citing a lack of leadership at board level. A Deloitte report this year found that the board was damaged by extensive infighting and that both board and management were suspicious of each other.

Nyanda raised concerns about the negative public perception of the board and management’s ability to give direction to the operation, and reminded the board that the SABC’s mandate is to deliver quality broadcasting ."

So who do we believe now?

14214

Night of the long knives and other short stories

• Help, the SABC is sinking!
• A sit-in at the Acting GCEO, Gab's office from 10:00 to 14:00.
• A vote of no confidence in Group Executive at SMF (Senior Management Forum) by Senior Management.
• A vote of no confidence in the Board and Group Executive jointly by the three unions.
• A spontaneous vote of no confidence in the Board and Group Executive and a demand they must all resign with immediate effect on Wednesday by disgruntled staff and union members.
• A vote of no confidence in the Chief Executive, Dr. Pat Naves and the Acting General Manager of Employee Relations, Andre Weber.
• A visibly shaken Dr. Naves escorted by SABC Security to her office.
• There is war out there at the SABC, Minister! Stop turning a blind eye and act.

So where did this soap opera started off?

Not so long ago the acting GCEO, Gab Mampone wrote what he called a thesis for his Doctorate in Philosophy which he named “Help, the SABC is sinking!” This document landed with the Board which later caused the departure of inter alia Mr. Mark Jakins, the Chief Executive of Sales & Marketing of the SABC.

Sales & Marketing is off course where more than 85% of the SABC’s income is generated.

When Jakins left, Mampone took over the engine room of the SABC. So we had Mkhonza as captain in charge of a multi billion rand ship with barely experience to sail an inflatable dinghy and Mampone in the engine room who had never before seen the inside of ship, let alone an engine room.

And they decided to change the name from SABC to Titanic. And it is exactly what it became… a pleasure ship with lots and lots of luxury for the captains and first officers (Board and Group Executives) whilst the crew (staff and senior management) had to work like dogs with not proper or late salary increases and not sharing in all the luxury.

And as we know, history always repeats itself.

Crew who is not properly treated and paid normally revolts, and this is exactly what happened. The officers (senior management) were told they will not get any salary increase this year. Well knowing how lavishly the captain and her team have lived to date, a mutiny broke out. On Tuesday, 9 June 2009 the Senior Management Forum (SMF) met with Group Executive (GE). The SMF is a fancy name for the Top 100 most senior managers at the SABC. At the commencement of the meeting the SMF asked for a caucus without GE present. The SMF then tabled a vote of no confidence in Mampone and Nicholsen, but later changed that to a vote of no confidence in the entire GE.

So out came the long knives.

Meanwhile the crew (staff) were preparing to be addressed by Mampone on 10:00 on Wednesday morning (10 June). Being faced with a vote of no confidence from his own management, Mampone decided to cancel the meeting and requested Group Communications to send an e-mail to all staff late Tuesday night to inform them of his decision.

That made staff really angry, because not once in the salary dispute saga did Mampone once showed his face in a meeting. Not once did he bother to invite the union leadership to his office to try and explain the situation. Not once did he bother to call a meeting with staff to apologise for the situation and explain why salaries have not been implemented.

Disgruntled staff spontaneously decided to go to his office and to demand an explanation from him. At 10:00 approximately 35 staff members, both unionized and not, started with a sit-in outside his office. When he refused to address the staff, they became agitated and demanded that the Board, Mampone and the entire Group Executive must resign with immediate effect.

The sit-in ended at 14:00 after Mampone agreed to meet with union leaders.

On Monday, 15 June we are at the CCMA with the salary dispute. Mampone has indicated they will come with an offer then. Why do we have to wait for the CCMA? Management by litigation?

So how do we get theSABC to not sink further?

Maybe the time has come to file an official dispute of mutual interest to have the Board and Group Executive removed, else all SABC staff (including the Top 100 managers of the SABC) should embark on a protected strike?

Only the SMF and staff can now jointly safe the SABC, or the Minister.

Who are they fooling?

This is the MOST incompetent Board the SABC EVER had!!

They do not understand the Broadcasting Act at all. If they do, they are deliberately in breach of an Act of Parliament which makes it a criminal offence.

Since when can the Board appoints it own chairperson?

The Broadcasting Act is very clear on this. The Board CANNOT appoint itself or it's chairperson or vice chair.

This is what the Broadcasting Act says in this respect:

13. Members of Board.--(1) The twelve non-executive members of the Board must be appointed by the President on the advice of the National Assembly.

(3) The President must designate one of the members of the Board... as the chairperson and another member as a deputy chairperson, both of whom must be non-executive members of the Board.

(7) Every appointment of a member of the Board must be published in the Gazette.

Please President Zuma, regard this as an official complaint from BEMAWU against the SABC Board that they are acting in breach of the Broadcasting Act. Recall the whole Board and replace them with an Interim Board, as per the Broadcasting Amendment Act. A Board that does not understand the few simple sentences above should NEVER have been there in the first place. And make it a requirement that new Board Members must know by heart and understand the Broadcasting Act before they can get appointed.

The new, illegal appointment was also never published in the Gazette.

If any of our members are in breach of a policy, they usually gets disciplined and fired. We please want to see consistency, Com President.

And whilst we dusted off our copy of the Act, how many Executive committee members do we have? It cannot legally be more than 14.

“Executive committee
14. (1) The affairs of the Corporation are administered by an executive committee consisting of the Group Chief Executive Officer, Chief Operating Officer, Chief Financial Officer and no more than 11 other members.

Maybe the SOS Coalition must start organising a mass viewer and listener march to all SABC Offices for the SABC to take note of the illegal things going on at our Public Broadcaster and to get the Board removed.

We cannot have a Board who is in breach of national legislation, alternatively is making their own laws. And why exactly has Khanyi decided to step down? The vote of no confidence was put in her by fellow board members for misconduct. Why is she allowed to remain on the Board?

13723

What next...

So Mkhonza has resigned as Chairperson, (yipeeee!!!) but not from the Board :-((

This is not sufficient. She must GO! She is responsible for the turmoil at the SABC and the sorry state we currently find ourselves in. She should have enquired about implementation of salaries, etc. a long time ago. She should have asked on a monthly basis a report in respect of the finances of the SABC from the CFO. Maybe it was difficult to hear the employees begging for an increase whilst listening to Jazz music at the same time.

However, she is not alone. The Board, so we are told, is a collective.

What about the incompetent top management? Those who managed us into a position short of bankruptcy?

SALARIES
BEMAWU will be at the CCMA on the 15th of June for conciliation. We will then take a final decision in respect of the route to follow to protect our member's rights. We believe we will refer the matter to arbitration.

VOTE OF NO CONFIDENCE
Following yesterday's serious intimidation and threats to discipline and dismiss members who went down yesterday in their lunchtime to witness the handing over of a memorandum to the SABC by independent producers we AGAIN hereby put a vote of no confidence in the head of what is called Employee Relations (nogal) Mr. Andre Weber and Dr. Pat Naves, head of Human Resources. We are sick and tired of Mr Weber and Dr. Naves victimising, harassing and threatening our members. We are sick and tired of the sorry state the SABC Human Resources finds itself in under the leadership of Dr. Naves. There is NO career progression structure or plan. An employee cannot, according to her, be regraded. They must apply for re-evaluation of their positions. What nonsense! What happened to performance and reward for same? We have members sitting for years on the same scale code because they cannot be regraded according to Dr. Naves. This must stop!

Please give us an employee friendly employee relations practitioner - not someone acting like a Gestapo commander that is out to ALWAYS prosecute, harass and screw employees where he can. Both other unions have put a vote of no confidence in Mr Weber and has complained about his behaviour. (Mr. Weber: "I'm only following orders!") Reality is - you do not have to follow order if they are unreasonable and unlawful. It is unlawful to intimidate employees when they want to exercise their constitutional rights in their lunch time (not working time) and to threaten them with disciplinary action. Why do YOU leave work every day before 16:30, Mr. Weber? The official hours of the SABC are from 08:00 to 17:00. Can every employee start working earlier and leave earlier? If not, why can you do so? If you so badly wants to police employees, why don't you start with yourself?

We have members who also wants to work flexi-time, Mr. Weber. Can you kindly arrange for them to do so? They want to start working at 06:00 and they want to leave at 15:00. Some wants to start at 05:00 and leave at 14:00. They are all office workers, like you, Mr Weber.

And no, I am not stupid to ask for permission for members to join yesterday's march. I never asked permission, I wanted you to confirm their right to participate over lunchtime, because management threatened them with disciplinary action. In the same way I asked you to confirm their right to strike now for their salary increase, which you confirmed. You said, "employees may embark on a strike in respect of the re-opened salary negotiations."

Thank you for that permission.

Lastly, Mr. Weber and Dr. Naves, you are solely responsible for BEMAWU now hardening our attitude and stance in respect of the salary increases. We want the 12.2% and nothing less!

13601

Remove these clown...

The SABC has now lost it completely! What happened to constitutional rights? See correspondence between BEMAWU and SABC Management hereunder. We wrote the letter to the SABC to confirm employee's constitutional rights to join the march because individual members informed their line managers (for the sake of courtesy) of their intention to join and they were threatened with dismissal and disciplinary action. Please General Ghebuza, remove these clowns. They don't know what they talking about and have no regard for human rights. What happened to freedom of speech?

Our correspondence:

____________________________________________________________
From: BEMAWU HEAD OFFICE [mailto:headoffice@bemawu.org.za]
Sent: 03 June 2009 01:10 PM
To: Andre Weber
Subject: Demonstration - Thursday

Dear Mr Weber, Please confirm that SABC employees may participate if they so wish in the peaceful demonstration tomorrow at the SABC during their lunch time.

BEMAWU

____________________________________________________________
From: Andre Weber [mailto:webera@sabc.co.za]
Sent: Wednesday, June 03, 2009 2:05 PM
To: headoffice@bemawu.org.za
Cc: Patience NavesSubject:
RE: Demonstration - Thursday

Dear Hannes

As you are aware that the march has been organised by Independent Producers and that same was not intended to include SABC employees. Under normal circumstances where SABC employees are involved, the necessary official notification within a reasonable time period would have been given by the unions and certain rules would have been agreed upon. Given the circumstances the SABC cannot give such permission or confirm that SABC employees may participate in the march.

Regards ANDRE

_______________________________________________________________
From : BEMAWU HEAD OFFICE

Dear Dr. Naves,

We do not understand why SABC Employees may not, in only their lunchtime (this is not working time) join a demonstration outside the SABC?

Are you infringing on employee’s constitutional rights of freedom of expression and freedom of association?

This is not an official strike and we therefore do not need to give official notification.

We would like you to withdraw your statement and threats that employees must be guarded like prisoners during their lunchtime tomorrow and to communicate to employees their right to do whatever they want to do in their lunchtime. Since when can you regulate what employees may do in their lunchtime?

We await your urgent response.


Sincerely,

Hannes du Buisson
President : BEMAWU


13376

The End of the Road?

We had two meetings with the SABC, yesterday and today. In both meetings we have demanded the implementation of the 12.2%. We have also informed the SABC we are prepared to negotiate but they must adhere to the agreement and implement CPIX +1 until we have come to another agreement. They have refused to do so. We are now proceeding with legal action.

The other two unions, MWASA and CWU declared a deadlock and indications are they will now embark on a strike.

13165

We did NOT sign...

BEMAWU did NOT sign a 7% or any salary increase with the SABC.

Apparently some reckless and clueless individuals has spread this rumour. It appears to be the same clueless individuals who are currently foolishly advising union members to embark on a strike on an agreement that has already secured 12.2% for members. Failure to implement MUST be referred to litigation, and cannot be subjected to a strike. It is the same individuals who has said they will NOT negotiate with the SABC, whilst we have agreed (in the multi-term agreement) to negotiate should the CPIX be more or less than what was stipulated in the agreement.

Those individuals are repudiating the contract (multi-term agreement) by refusing to comply with terms of the contract, and the SABC can accept the repudiation and cancel the contract if they want to, resulting in negotiations from scratch.

In short, they are risking the 12.2% we have already secured.

BEMAWU has a cordial relationship with both the CWU and MWASA and we will not allow uninformed selfish individuals in those organisations to risk that relationship or the employment and well being of SABC employees.

We will continue to negotiate with the SABC to secure the best deal for our members without risking their employment. We will not lead our members on a strike for the sake of striking. Should we not be able to get what we believe is fair, we will pursue a legal route.

Without repeating what we have said previously, we see the issue at hand very simply to be:

• We concluded an agreement where the SABC and us agreed to CPIX +1%
• We have agreed that it will be implemented 1 April 2009. (This is where the SABC is in breach of contract, and we have threatened them with legal action)
• The SABC must therefore implement the 12.2% until we have concluded a new agreement, if at all
• We agreed any party to the agreement may re-open negotiations should the CPIX falls below 4% or rises to 9% or above,
• The opening of negotiations does not terminate the agreement, in particular not the implementation of the CPIX +1% which has been fixed on 12.2%,
• Only when we have concluded a new agreement after negotiations, the 12.2% obligation changes to whatever we have agreed to, if we agree to something else.
• Putting it differently, we have 12.2% in hand. The SABC should convince us to accept less.
• They can only do so by means of negotiations, meaning we must agree to a lower increase or by locking us out after they have followed due procedure.
• Had the CPIX been below 4% - say 3%, the SABC would have been contractually bound to implement 4% (CPIX + 1%) on 1 April 2009.
• We would have been entitled to re-open negotiations, and in the event that we were not able to negotiate a higher percentage increase, the increase would remain 4%. It would be possible to embark on a protected strike to persuade the SABC to offer more.
• So can employees strike at this point in time?
• Technically yes, but it would be stupid to strike for something you already have (the 12.2%). If the CPIX was 3%, we would have had 4% in hand (CPIX + 1%), and could then strike for a higher percentage.

It was never the intention of the parties to this multi-term agreement to delay the implementation date of salaries because we are not in agreement with each other on a lower (or higher) percentage. The SABC has admitted to the 12.2%.

We will on Monday again demand immediate implementation of the 12.2% and we will again commit ourselves to good faith negotiations in respect of a possible different structuring of the agreement. Should the SABC fails to agree, we will proceed with litigation.

12683

Meeting 28 May

The three unions and the SABC met at 10:00 this morning. A revised proposal was presented by management being 7% at the end of June 2009, back dated to 1 April 2009 plus an additional 1.5% by September 2009, backdated to 1 April 2009. The SABC proposed that we enter into negotiations in respect of the remaining 3.7% but they clearly stated they will not be able to afford at least 2% of the 3.7%.

By re-opening negotiations, the SABC has taken the process back into the normal collective bargaining arena where employees will be allowed to strike. The acting head of employee relations, Mr Andre Weber confirmed that employees of the SABC will now be able to lawfully strike since the SABC has invoked the clause where they want to negotiate.

It is however not necessary to strike. In terms of the contract (multi-term agreement) the SABC must implement the 12.2%, which will remain in force until a new agreement has been reached. Putting it differently, nothing can be taken away from members, unless we agree. Had the CPIX been low, we could then strike for a higher percentage. Should we not agree to a lower percentage, the SABC’s remedy would be to lock-out members to compel us to accept a lower increase. They are however currently in breach of the contract by refusing to implement the 12.2%.

We have already started negotiations with the SABC. Our willingness to negotiate is no way an admission that our members are not legally entitled to the 12.2%. This also does not constitute a relaxation of the agreement to not implement the 12.2%.

The 12.2% must be implemented with immediate effect and will remain in force until we have agreed on another percentage.

Apart from our legal right to the increase, this is a test of their sincerity, goodwill and integrity.

Fact is, we have entered into an agreement where we have agreed to accept average CPIX +1%. Had the average CPIX been 3%, the SABC would have insisted on, and in fact implemented 4%. They would have said to us the agreement stipulates they must implement on 1 April 2009, and if we want to enter into negotiations, we have the right to do so (because the agreement says so). If we fail to agree on a higher percentage, the 4% will remain effective. They would be correct.

According to the SABC they have decided to re-open negotiations because we did not want to negotiate (their term for not agreeing) with them. (Yes, we are confused too).

We will meet on Monday again with the SABC. If they do not agree with our proposal, and they continue to be in breach of the agreement, we will proceed with legal action.

12414

Report Back

The meeting attended by BEMAWU, MWASA and CWU members took place at 15:00 today.

Auckland Park was well attended and the Auditorium packed and filled to its capacity. Members in all the regions participated via line conference. The proposal by management of a staggered increase was put to the joint caucus. It was almost unanimously rejected and the joint caucus demanded the immediate implementation of the 12.2%. Employees were not interested in a staggered increase.

The main reason voiced was a total lack of trust in the Board and Top management. Despite the assurance from union leaders that there will be a watertight agreement, employees were adamant that they have absolutely no trust in the Board and Top Management. Employees voiced their concerns and fears that the SABC will not honour the agreement to implement the staggered part (4.2%) later.

A vote of no confidence were then passed in the Board and Top Management and the caucus demanded the immediate resignation of the Board and Top Management. Fears and concerns were voiced that the SABC will finds itself in a much worse financial position by March 2010 when the last part of the multi-term will kick in. (Again CPI-X plus 1%). It was said that we will have to go through the same motions to get the increase. The majority of the joint caucus mandated the three unions to jointly declare a dispute of interest and to embark on protected industrial action should the Board and Top Management refuse to resign with immediate effect.

It was clear from the reaction of employees present at the meeting that they were angry about what they called disrespect for employees in general by management and the Board and some of them were prepared to embark on an unprotected strike to get their 12.2% immediately. We advised them against such action.

With a joint caucus it is difficult to determine what the real mandate of each individual union is.

BEMAWU will therefore seek a mandate from our members by means of SMS or electronic voting in respect of the staggered increase.

We will also poll our members in respect of the collective vote of no confidence in the Board and Top Management. Should the initial results show a strong support for procedural industrial action to force the Board and Top Management to resign, BEMAWU will conduct a proper ballot of BEMAWU members only and in terms of its constitution to determine support for a protected strike by our members.

With the Confederation Cup around the corner, we trust that the Board, or at least what is left of it, will resign to avoid a stand-off between the three unions and them. As the SABC has said, it will not be in the public interest.

Employees are not allowed to strike in respect of the salary dispute, but can certainly do so to get the Board to resign.

It is our view that industrial action should be reserved only as an absolute last resort, and it is not our intention to lobby our members to strike to get the Board to resign, and in particular to jeopardise the broadcasting of the Confederation Cup. We will therefore call on our members to be responsible and make their choice with their heads and not their hearts. Should the Board however refuse to resign, and the majority (80%) outcome of a ballot is in favour of industrial action, we will ensure that such industrial action will be procedural, protected (in compliance with the Labour Relations Act, and members will therefore not be at risk) and peaceful.

11946

Feedback

We have met with individual members of the Board and Top management today to discuss the implementation of the 12.2% salary increase. Only BEMAWU and MWASA attended the meeting.

The following came out of the meeting:

• SABC Board and Top Management admitted and confirmed that the percentage increase they are legally liable for and obliged to implement amounts to 12.2%.
• That it is their intention to honour and implement the agreement of 12.2%
• That the SABC is currently in a tight cash flow position and they cannot afford to implement the 12.2% in one month,

The SABC proposed the following:

• That the increase be staggered as follows:
• 8% increase at the end of June 2008, backdated to 1 April 2009.
• Thereafter 1.5% increase at the end of July 2009, backdated to 1 April 2009.
• Thereafter another 1.5% at the end of the 3rd quarter (no specific date given) and they want to have further discussions with us as to whether they will backdate this or not,
• Further discussions in respect of the remainder (1.2%) and whether it will be backdated or not. Indications are that it will only be implemented in the last quarter (March 2010).
• That they are not prepared to pay any interest on the money due and outstanding to members.

We proposed the following, without prejudice:

• 8% increase immediately, backdated to 1 April 2009 and within a week from now.
• 4.2% on 1 December 2009 (or before if possible), backdated to 1 April 2009 plus interest from 1 April 2009.

We also proposed that the following conditions be included in the agreement:

1. That the SABC will not retrench any BEMAWU or MWASA member in the next two years,
2. That the SABC consents to civil judgement in the High Court should they fail to honour the (new proposed) agreement.
3. Interest be paid on all monies not implemented now.
4. Back pay be effected on all.

A general meeting will be held on Tuesday, 26 May 2009 at 15:00 to seek mandate from members.

We will also send out e-mails that will request members to vote. The options are:

1. Accept the offer of management, as is.
2. Proceed with legal action to enforce the 12.2% at once.
3. Present a differently structured demand to management, which may include interest and if they don't agree, proceed with legal action.

A follow-up meeting is scheduled for Thursday, 28 May 2009 at 09:00 with SABC management.

We were informed at the meeting that the CWU has proceeded with a CCMA referral to arbitrate on the implementation of the agreement. We believe this is premature and detrimental to its members at this point in time, as the SABC is willing to honour the 12.2% and wants to discuss the implementation of same.

Update on Salary Increase

On Thursday, 21 May 2009 BEMAWU served a letter of demand on the SABC to effect the CPIX + 1% increase in terms of the Multi-term agreement signed last year. We made it clear we will proceed with legal action should the SABC not implement the 12%. We were called to an urgent meeting on Friday, 22 May 2009 with Khanyi Mkhonza and Mr. Andile Mbeki of the Board. The CPO, CFO and other members of the Board/Management also attended.

We made it clear that we are not there to negotiate a percentage increase, but that we want to enforce our right in terms of the Multi-term Agreement.

The SABC admitted and acknowledged that SABC employees are entitled to the 12% increase. They explained the financial difficulty they are finding themselves in to us (again), and undertook to report back to us Monday, 25 May 2009 at 12:00 as to how they intend to implement the 12%.

Please note that a looming strike in respect of the salary increase is devoid of all truth at this stage. This however does not mean that we are not prepared to embark on procedural industrial action as and when the need arises.

We believe the SABC will implement 7% immediately, and discuss with us how to implement the rest in today's meeting. We are hopeful that we can reach an amicable agreement with them to avoid further legal action.


ISSUED BY THE BROADCASTING, ELECTRONIC, MEDIA AND ALLIED WORKERS UNION (BEMAWU)

Please Vote

We have received NO RESPONSE from Gab. We call on BEMAWU members to vote on a way forward.

We have two options:

1. Enforce the multi-term by means of an urgent court application (BEMAWU will go ahead and bring an application on its own to enforce and protect the rights of our members, as other Unions have not responded to a request from us to join in such an application and share the costs).

2. Wait until the SABC wants to schedule negotiations, which may take months, and re-negotiate a salary increase.

Please get everyone to vote.

No Response!

LETTER TO GAB MAMPONE, ACTING GCEO, SABC

Dear Sir,

On Friday, 24 April 2009 we have send you the letter attached below.

We have not received a response.

Could you urgently respond to our letter and request?

Sincerely,

Hannes du Buisson