Radio 2000 dismissed station manager, Mr. Carlito Sheikh has been re-instated by Commissioner Katlholo Wabile of the CCMA after he was unfairly dismissed by the SABC on 18 November 2009.
After long and protracted arbitration proceedings which was set down on 14 May 2010, 15 September 2010, 27 and 28 October 2010, 7 and 8 December 2010 and finally on 23, 24 and 25 February 2011 the arbitration award was served on both BEMAWU, who represented Mr. Sheik in this matter and the SABC today.
The arbitration award by Commissioner Wabile is clear, comprehensive and fair and ordered the SABC to re-instate Mr. Sheikh from date of dismissal. The Commissioner also instructed Mr. Sheikh must report for duty on Friday, the 18th of March 2011 which he will duly do.
We believe justice has been done. It is unfortunate that the SABC did not properly consider Mr. Sheik’s version and explanations before they decided to haphazardly and unfairly dismissed him. He went through a lot of suffering and hardship as a result of his unfair dismissal and the financial and emotional damage cannot be undone. We however trust and believe the SABC will act responsibly and accept the outcome of the arbitration and not spent more time and money on a case that was never meant to have ended up at the CCMA.
As always, the struggle for fairness and justice continue.
Aluta!
Issued by the Broadcasting, Electronic, Media and Allied Workers Union (BEMAWU)
Hannes du Buisson
President
BEMAWU
Cell. 0829208669
Fax 0866715585
Tel. 012 6537380
Blog http://bemawu.blogspot.com
Wednesday, 16 March 2011
Friday, 04 February 2011
Re: Filling of positions
Dear Mr. Ndaba,
With the greatest respect, you are effectively saying that you don’t know the current situation, hence the gathering of information. You could be busy appointing staff where there is already a surplus of staff. There will be no prejudice to the SABC to temporarily put a moratorium on appointments until such time we have the information at our disposal (the 14th). However, if you continue to staff the SABC, and it was not the correct decision in the circumstances, the SABC may open itself for litigation and employees may be severely prejudiced by this.
The practical implication of appointing staff whilst you were supposed to reduce staff is that newly appointed staff members may be faced with retrenchment. Such employees could have left stable jobs and find themselves on the streets as a result of retrenchments.
We urge you once again to immediately put a moratorium on appointments, as previously requested until we have the “as is” situation of the SABC and the report referred to in your correspondence.
The SABC cannot afford to waste a cent.
Sincerely,
Hannes du Buisson
On 2011/02/04 11:53 AM, "Justice Ndaba" <NdabaJ@sabc.co.za> wrote:
Hannes du Buisson
President
BEMAWU
Cell. 0829208669
Fax 0866715585
Tel. 012 6537380
Blog http://bemawu.blogspot.com
With the greatest respect, you are effectively saying that you don’t know the current situation, hence the gathering of information. You could be busy appointing staff where there is already a surplus of staff. There will be no prejudice to the SABC to temporarily put a moratorium on appointments until such time we have the information at our disposal (the 14th). However, if you continue to staff the SABC, and it was not the correct decision in the circumstances, the SABC may open itself for litigation and employees may be severely prejudiced by this.
The practical implication of appointing staff whilst you were supposed to reduce staff is that newly appointed staff members may be faced with retrenchment. Such employees could have left stable jobs and find themselves on the streets as a result of retrenchments.
We urge you once again to immediately put a moratorium on appointments, as previously requested until we have the “as is” situation of the SABC and the report referred to in your correspondence.
The SABC cannot afford to waste a cent.
Sincerely,
Hannes du Buisson
On 2011/02/04 11:53 AM, "Justice Ndaba" <NdabaJ@sabc.co.za> wrote:
Mr. du Busson
I appreciate your situation, however I propose that we stick with our agreement as stated yesterday mainly because that exercise is meant to gather information that will help us with identifying critical posts, and in particular so that when we do put a moratorium then it from an informed position.
Please exercise patience we will meet the deadline of the 14th.
Regards
Justice
From: BEMAWU HEADOFFICE [mailto:headoffice@bemawu.org.za]
Sent: Friday, February 04, 2011 11:11 AM
To: Justice Ndaba
Cc: Robin Nicholson; Keobokile Mosweu; Tuwani Gumani; Vulture
Subject: Filling of positions
Dear Justice,
In our meeting yesterday, 3 February 2011 we have once again raised our concern about the filling of positions whilst we are in a process of restructuring. Hereunder more positions advertised this morning.
Should you not place an immediate, written moratorium on the filling of all positions, except those one required by the Act to be filled, we consider seeking an urgent intervention from the Labour Court. You informed us in yesterday’s meeting you are not sure how the structure at it lowest levels will look like. What if it is required to cut at these levels too?
We respectfully request your most urgent response.
Sincerely,
Hannes du Buisson
President
BEMAWU
Cell. 0829208669
Fax 0866715585
Tel. 012
Blog http://bemawu.blogspot.com
From: Corporate Communications
Sent: 04 February 2011 10:06 AM
To: ***All SABC Personnel
Subject: Intercom Update-Vacancies and Smalls
POSITION: DRIVER/OFFICE ASSISTANT
DIVISION: OFFICE OF THE GCEO AND COMPANY SECRETARY
SCALE CODE: 405
MAIN PURPOSE OF POSITION
To provide an effective and efficient collection and delivery service to the offices of the GCEO and Company Secretary
KEY ACCOUNTABILITIES
· Efficient and effective collection and delivery of mail and other items on behalf of the GCEO, Company Secretary and staff, in accordance with instructions
· Maintain vehicle by keeping it clean, reporting problems, taking it for a service, filling it with petrol etc.
· Keep an accurate logbook, including petrol usage & kilometres travelled
· Time and cost management, by planning trips more efficiently
· Ability to handle confidential information
· Assisting with general office administration
QUALIFICATIONS AND EXPERIENCE
· Matric
UNIQUE REQUIREMENTS
· Valid driver’s licence
· Familiar with the Witwatersrand area/roads
Interested applicants should send a concise CV must be submitted to: The Human Resources Administrator, Room 2644 RadioPark, or E-mail groupvacancies@sabc.co.za
Closing date: 11 February 2011
If you have not had any response within six weeks of the closing date, please accept that your application has been unsuccessful. Preference will be given to candidates from designated groups in terms of the Employment Equity Act and the SABC’s Employment Equity initiatives.
COMMERCIAL ENTERPRISES
REGION: FREE STATE AND NORTHERN CAPE
POSITION: ACCOUNT EXECUTIVE – BLOEMFONTEIN
RADIO SALES – GOVERNMENT SALES PORTFOLIO
SCALE CODE: 403
JOB PURPOSE:
To generate and maximize sales revenue and optimize on sales targets specifically focusing on Government business within the Free State & Northern Cape region.
KEY PERFORMANCE AREAS:
· Maximise Radio Airtime Sales revenue through developing sales targets in conjunction with Manager
· Identify and exploit new business opportunities
· Analyse and evaluate current business to maximize revenue
· Analyse competition and market trends to identify revenue opportunities
· Evaluate lost/dropped business by client (Government)
· Take comprehensive client briefs and close sales deals
· Ensure that contracts are delivered timeously to clients (Government)
· Follow up on sales leads timeously
· Develop pro-active client initiatives
· Facilitate workshops with clients in order to generate sales
· Provide effective after sales service to ensure future business and communicate results of advertising campaign to clients in the form of a post campaign review
· Use up-sell opportunities where necessary
· Develop and present proposals to clients to generate sales
· Provide weekly and monthly reports
· Build and maintain close relations with government through understanding their business and media needs
· Handle all client requests effectively and timeously
REQUIREMENTS:
· A relevant tertiary qualification in Sales and Marketing (e.g. IMM, AAA)
· 3 - 5 years media sales experience with an excellent sales track record
· Ability to build and maintain relationships and be customer service orientated
· Understanding of government (business and structures) and able tto establish networks and relationships with key decision makers within
· Excellent communication (verbal and written) interpersonal & presentation skills
· Able to perform under pressure with the flexibility and willingness to work extended hours
· Excellent planning and time management skills
· Computer literate with competence in MS Office software
· Passion for radio/media with knowledge and understanding of SABC Radio Brands
· Energetic and results orientated person who has a desire to succeed
· Persuasive with excellent selling skills and tenacity
· Team player, but also able to work independently, solve problems and take decisions
· Valid driver’s license and own transport.
A detailed CV to be sent to Christelene Simpson, on the following e-mail, simpsoncp@sabc.co.za, or fax to (051) 503 – 3239.
Closing date: 18 February 2011
Preference will be given, but not limited to, candidates from designated groups in terms of the Employment Equity Act and the SABC’s Employment Equity initiatives. If you have not heard from the Company in six weeks of the closing date, please accept that your application has been unsuccessful.
Disclaimer: Everything in this email and its attachments relating to the official business of the SABC is proprietary to the SABC. If the email is used other than for official business of the SABC or the views and opinions expressed in the email are not authorised by the SABC, the views and opinions expressed are those of the individual sending the email.
The content of this email is confidential, legally privileged and protected by law. The person addressed in the email is the sole authorised recipient. Please notify the sender immediately if this email and its attachments have unintentionally reached you; do not read, copy, disseminate or use the content in any way and delete the email and any copies of it.
Whilst all reasonable precautions are taken to ensure the accuracy and integrity of the information, and that this email and its attachments are free from any virus, the SABC accepts no liability however arising or responsibility whatsoever in this regard, and in keeping with good computing practice, the scanning of files and attachments is advised.
------ End of Forwarded Message
Hannes du Buisson
President
BEMAWU
Cell. 0829208669
Fax 0866715585
Tel. 012 6537380
Blog http://bemawu.blogspot.com
Filling of positions
Dear Justice,
In our meeting yesterday, 3 February 2011 we have once again raised our concern about the filling of positions whilst we are in a process of restructuring. Hereunder more positions advertised this morning.
Should you not place an immediate, written moratorium on the filling of all positions, except those one required by the Act to be filled, we consider seeking an urgent intervention from the Labour Court. You informed us in yesterday’s meeting you are not sure how the structure at it lowest levels will look like. What if it is required to cut at these levels too?
We respectfully request your most urgent response.
Sincerely,
Hannes du Buisson
President
BEMAWU
Cell. 0829208669
Fax 0866715585
Tel. 012
Blog http://bemawu.blogspot.com
In our meeting yesterday, 3 February 2011 we have once again raised our concern about the filling of positions whilst we are in a process of restructuring. Hereunder more positions advertised this morning.
Should you not place an immediate, written moratorium on the filling of all positions, except those one required by the Act to be filled, we consider seeking an urgent intervention from the Labour Court. You informed us in yesterday’s meeting you are not sure how the structure at it lowest levels will look like. What if it is required to cut at these levels too?
We respectfully request your most urgent response.
Sincerely,
Hannes du Buisson
President
BEMAWU
Cell. 0829208669
Fax 0866715585
Tel. 012
Blog http://bemawu.blogspot.com
From: Corporate Communications
Sent: 04 February 2011 10:06 AM
To: ***All SABC Personnel
Subject: Intercom Update-Vacancies and Smalls
POSITION: DRIVER/OFFICE ASSISTANT
DIVISION: OFFICE OF THE GCEO AND COMPANY SECRETARY
SCALE CODE: 405
MAIN PURPOSE OF POSITION
To provide an effective and efficient collection and delivery service to the offices of the GCEO and Company Secretary
KEY ACCOUNTABILITIES
· Efficient and effective collection and delivery of mail and other items on behalf of the GCEO, Company Secretary and staff, in accordance with instructions
· Maintain vehicle by keeping it clean, reporting problems, taking it for a service, filling it with petrol etc.
· Keep an accurate logbook, including petrol usage & kilometres travelled
· Time and cost management, by planning trips more efficiently
· Ability to handle confidential information
· Assisting with general office administration
QUALIFICATIONS AND EXPERIENCE
· Matric
UNIQUE REQUIREMENTS
· Valid driver’s licence
· Familiar with the Witwatersrand area/roads
Interested applicants should send a concise CV must be submitted to: The Human Resources Administrator, Room 2644 RadioPark, or E-mail groupvacancies@sabc.co.za
Closing date: 11 February 2011
If you have not had any response within six weeks of the closing date, please accept that your application has been unsuccessful. Preference will be given to candidates from designated groups in terms of the Employment Equity Act and the SABC’s Employment Equity initiatives.
COMMERCIAL ENTERPRISES
REGION: FREE STATE AND NORTHERN CAPE
POSITION: ACCOUNT EXECUTIVE – BLOEMFONTEIN
RADIO SALES – GOVERNMENT SALES PORTFOLIO
SCALE CODE: 403
JOB PURPOSE:
To generate and maximize sales revenue and optimize on sales targets specifically focusing on Government business within the Free State & Northern Cape region.
KEY PERFORMANCE AREAS:
· Maximise Radio Airtime Sales revenue through developing sales targets in conjunction with Manager
· Identify and exploit new business opportunities
· Analyse and evaluate current business to maximize revenue
· Analyse competition and market trends to identify revenue opportunities
· Evaluate lost/dropped business by client (Government)
· Take comprehensive client briefs and close sales deals
· Ensure that contracts are delivered timeously to clients (Government)
· Follow up on sales leads timeously
· Develop pro-active client initiatives
· Facilitate workshops with clients in order to generate sales
· Provide effective after sales service to ensure future business and communicate results of advertising campaign to clients in the form of a post campaign review
· Use up-sell opportunities where necessary
· Develop and present proposals to clients to generate sales
· Provide weekly and monthly reports
· Build and maintain close relations with government through understanding their business and media needs
· Handle all client requests effectively and timeously
REQUIREMENTS:
· A relevant tertiary qualification in Sales and Marketing (e.g. IMM, AAA)
· 3 - 5 years media sales experience with an excellent sales track record
· Ability to build and maintain relationships and be customer service orientated
· Understanding of government (business and structures) and able tto establish networks and relationships with key decision makers within
· Excellent communication (verbal and written) interpersonal & presentation skills
· Able to perform under pressure with the flexibility and willingness to work extended hours
· Excellent planning and time management skills
· Computer literate with competence in MS Office software
· Passion for radio/media with knowledge and understanding of SABC Radio Brands
· Energetic and results orientated person who has a desire to succeed
· Persuasive with excellent selling skills and tenacity
· Team player, but also able to work independently, solve problems and take decisions
· Valid driver’s license and own transport.
A detailed CV to be sent to Christelene Simpson, on the following e-mail, simpsoncp@sabc.co.za, or fax to (051) 503 – 3239.
Closing date: 18 February 2011
Preference will be given, but not limited to, candidates from designated groups in terms of the Employment Equity Act and the SABC’s Employment Equity initiatives. If you have not heard from the Company in six weeks of the closing date, please accept that your application has been unsuccessful.
Disclaimer: Everything in this email and its attachments relating to the official business of the SABC is proprietary to the SABC. If the email is used other than for official business of the SABC or the views and opinions expressed in the email are not authorised by the SABC, the views and opinions expressed are those of the individual sending the email.
The content of this email is confidential, legally privileged and protected by law. The person addressed in the email is the sole authorised recipient. Please notify the sender immediately if this email and its attachments have unintentionally reached you; do not read, copy, disseminate or use the content in any way and delete the email and any copies of it.
Whilst all reasonable precautions are taken to ensure the accuracy and integrity of the information, and that this email and its attachments are free from any virus, the SABC accepts no liability however arising or responsibility whatsoever in this regard, and in keeping with good computing practice, the scanning of files and attachments is advised.
------ End of Forwarded Message
Wednesday, 02 February 2011
Rollout of the Turnaround Strategy
The General Manager
Employee Relations
SABC
Auckland Park
JOHANNESBURG
Dear Sir,
It has come to our attention that you and Mr. Motsoeneng is currently on a so-called national road show to communicate the Turnaround Strategy to staff. Yesterday you informed staff members in Durban about several aspects of the Turnaround Strategy which has not been consulted with us as organised labour at the SABC. On what basis are you doing this?
The only basis we can reasonably think of is that the Turnaround Strategy is a fait accompli and that you are not serious about the consultation process. If you were really interested in our input as organised labour it means that a lot of what you now have as the Turnaround Strategy could change, and then you will have to communicate same to staff again. If your road show is aimed at merely informing staff of the strategy with the understanding it can change after input from us as organised labour, you are then busy with a fruitless and wasteful exercise.
You have furthermore, and without discussing same with organised labour leadership engaged our union structures in the region as if you were consulting with us. We would like to register our strongest objection to this conduct. Kindly be advised that meetings with union structures in the regions does NOT constitute consultation, and is seen as undermining the consultation process we still have to agree to.
We urge you to immediately cease with your road show and to urgently schedule follow-up meetings with organised labour at Head office to enable us to engage you on the Turnaround Strategy. Your road show is misplaced and unnecessary until such time we have engaged on the outstanding issues in respect of the consultation process. Should the road show you currently on not be a matter which we need to consult on too?
Sincerely,
Hannes du Buisson
BEMAWU
From: Tlotlo Seru
Sent: Tuesday, February 01, 2011 4:28 PM
To: **All Mafikeng Personnel
Cc: Cherrise Mafata
Subject: Rollout of the Turnaround Strategy
Good afternoon
Your are kindly invited to a Roll-out of the Turnaround Strategy on the 09th February 2011 at 12:00 in Studio 1. Mr Hlaudi Motsoeneng (Stakeholder Executive Manager) and Mr Justice Ndaba (Acting HR Executive Manager) will be facilitating the process.
Your availability and participation will be highly appreciated.
Regards
Tlotlo Seru
Regional General Manager - North West Region
Employee Relations
SABC
Auckland Park
JOHANNESBURG
Dear Sir,
It has come to our attention that you and Mr. Motsoeneng is currently on a so-called national road show to communicate the Turnaround Strategy to staff. Yesterday you informed staff members in Durban about several aspects of the Turnaround Strategy which has not been consulted with us as organised labour at the SABC. On what basis are you doing this?
The only basis we can reasonably think of is that the Turnaround Strategy is a fait accompli and that you are not serious about the consultation process. If you were really interested in our input as organised labour it means that a lot of what you now have as the Turnaround Strategy could change, and then you will have to communicate same to staff again. If your road show is aimed at merely informing staff of the strategy with the understanding it can change after input from us as organised labour, you are then busy with a fruitless and wasteful exercise.
You have furthermore, and without discussing same with organised labour leadership engaged our union structures in the region as if you were consulting with us. We would like to register our strongest objection to this conduct. Kindly be advised that meetings with union structures in the regions does NOT constitute consultation, and is seen as undermining the consultation process we still have to agree to.
We urge you to immediately cease with your road show and to urgently schedule follow-up meetings with organised labour at Head office to enable us to engage you on the Turnaround Strategy. Your road show is misplaced and unnecessary until such time we have engaged on the outstanding issues in respect of the consultation process. Should the road show you currently on not be a matter which we need to consult on too?
Sincerely,
Hannes du Buisson
BEMAWU
From: Tlotlo Seru
Sent: Tuesday, February 01, 2011 4:28 PM
To: **All Mafikeng Personnel
Cc: Cherrise Mafata
Subject: Rollout of the Turnaround Strategy
Good afternoon
Your are kindly invited to a Roll-out of the Turnaround Strategy on the 09th February 2011 at 12:00 in Studio 1. Mr Hlaudi Motsoeneng (Stakeholder Executive Manager) and Mr Justice Ndaba (Acting HR Executive Manager) will be facilitating the process.
Your availability and participation will be highly appreciated.
Regards
Tlotlo Seru
Regional General Manager - North West Region
Wednesday, 19 January 2011
Resignation of Mr. Solly Mokoetle
BEMAWU would like to laud Mr. Mokoetle for the step he took in the right direction to help stabilise the public broadcaster by resigning today. The irreparable breakdown in the trust relationship between Mr. Mokoetle and the Board has caused low staff morale with a negative impact on productivity. We are hopeful that the other problems between the Chairperson and the Board, and in particular the allegations of breach of corporate governance will also be addressed soon. Once it has been sorted out the SABC will be able to return to stability and prosperity.
Hannes du Buisson
President
BEMAWU
Cell. 0829208669
Fax 0866715585
Tel. 012 6537380
Blog http://bemawu.blogspot.com
Hannes du Buisson
President
BEMAWU
Cell. 0829208669
Fax 0866715585
Tel. 012 6537380
Blog http://bemawu.blogspot.com
Tuesday, 16 November 2010
Consultation in respect of SABC turnaround
BEMAWU members should note that, contrary to what Mr. Nicholson, the acting GCEO has stated in today’s communication, we were NOT consulted in respect of the so-called turnaround strategy. I was involved in a CCMA matter and the rest of the BEMAWU National Structure not available at such short notice.
We have reserved our rights.
We have reserved our rights.
Friday, 22 October 2010
Media statement on SABC Board
MEDIA STATEMENT
BEMAWU is calling on the President, Mr. Zuma and the Communications Portfolio Committee to act responsible and with the utmost urgency to remove the Chairperson of the SABC Board, Dr. Ben Ngubane for inter alia the following reasons:
His inability to perform his role as chairperson of the Board due to the total breakdown of trust and working relationship between him and the rest of the Board,
His demonstrated inability to carry out simple administrative functions like preparing documents for a meeting with an important body like the Portfolio Committee, appointed by Parliament to oversee the public broadcaster,
His failure to sign the delegation of authority letter to enable Robin Nicholson to properly manage the SABC in his acting capacity, and by doing so putting the SABC at severe risk by rendering all decision making on the highest level inoperative, which will have an effect on the SABC to meet it’s mandate in terms of programming and repayment of its loan,
This not only puts the SABC as an organisation at risk, but also our members, as they will be targeted first for retrenchments if the SABC cannot obtain another loan to meet its financial responsibilities.
His admission that he failed to produce a performance review. Our members are disciplined and dismissed for similar offence.
The Portfolio Committee’s admission that there is not much room for optimism about the affairs of the corporation, and it’s accurate observation that the board has failed to provide coherent leadership and to provide proper corporate governance over the SABC, for which Dr. Ngubane must take accountability.
The Board has failed to report, for which Dr Ngubane must be held accountable. It is a serious dereliction of duties. It shows disrespect for parliament and the people. He had sufficient notice to prepare, but failed. It is clear that by failing to sign an operational procedure like delegation of authority and failing to prepare for a meeting with his superiors, the portfolio committee, the chairperson of the board is obstructing progress and the ability of the SABC to meet its mandate.
Although Mr. Nicholson may not be the favourite to appoint as the acting GCEO, there is no prohibition in statue or regulation against his appointment as such and it is only in an acting capacity.
According to the portfolio committee, the board has failed. We know what the problem is. If a board cannot trust its chairman, he must be removed. It is important, and more so in the SABC’s situation that the Board must be united and functional. They are not. It’s divided between Dr. Ngubane the rest.
How can a board not be able to agree? Surely they have processes to follow if there is no agreement. Normally the majority rules, so why not at the SABC? It is unthinkable and unacceptable that the chairperson of one of the most important and influential boards in this country are telling parliament and the people they are unable to make decisions because the board cannot agree. It shows serious lack of ability to steer the public broadcaster. If the majority of the board agreed Nicholson should be appointed, Dr. Ngubane must sign, or he is in breach of corporate governance. If the majority of the board voted against his appointment, Nicholson cannot be appointed. Unless there is external influence, it should be a fairly simple exercise.
We do not understand why board members who have resigned were barred from participating in the meeting. They are serving notice and despite their resignations being accepted, they remain legally and otherwise members of the board until the end of their notice period.
With the precarious financial situation of the SABC the most urgent intervention is necessary. Failing to do so would make the overseers as guilty of breach of corporate governance as the board. Should the President and the portfolio committee not immediately removes the chairperson, the SABC will be seriously compromised. With its precarious financial position and the anticipated failure to meet its obligations, the SABC will have to pay cash for programs and other capital-intensive projects. It will simply not be able to broadcast soon, as they will not have the cash to trade .
Tuesday, 12 October 2010
SABC - What financial crisis?
Yesterday I attended a CCMA Arbitration re an unfair labour practice. One of our members employed in the Employee Relations Department of the SABC have been severely harassed and victimised by her line manager. In 2009 she had to attend a CCMA arbitration, but lost her voice due to Laryngitis. She duly informed the manager, handed in a sick certificate, but he refused to send someone else to the CCMA to attend the matter. The SABC got a default award against them to re-instate the applicant in that matter. She was then put through a disciplinary hearing for inter alia not attending the CCMA (without a voice), found guilty and issued with a final written warning valid for 12 months, despite the SABC’s Disciplinary Code clearly stipulating that a final written warning can only be valid for 8 months.
We referred an unfair labour practice dispute seeking to overturn the verdict and sanction. (No real prejudice to the SABC if it happens)
Yesterday the SABC arrived at the CCMA with an attorney and an advocate! To defend a simple unfair labour practice dispute. Or maybe to defend someone’s ego?
Seemingly attorneys and advocates get appointed for the simplest of matters. The SABC has a fully fledged legal department where they employ attorneys and advocates. It is in fact headed by an advocate. The SABC also has a Employee Relations Department, where all are on senior managerial salary scales earning huge salaries and they are specifically employed to do labour litigation. Yet, the manager appoints advocates to litigate against employees and union officials.
Do we still need a legal department and employee relations department If attorneys and advocates are doing the job? Recently the same Employee Relations Department shifted their job and responsibility to an ordinary employee (manager) to do a case at the CCMA. Is this not the way to go? Train individual employees and managers in labour relations, and make it part of their responsibilities to represent the SABC in CCMA matters. It is in any event a manager’s job. In other matters appoint attorneys, which happens anyway. At least the SABC then saves on salaries and other benefits of 2 very expensive units, and only pay attorneys when they are needed. No costly monthly fixed salary bill – only legal cost when needed, which is paid currently anyway.
How much is the the SABC spending on legal fees, and why are they so frequently in court and at the CCMA? The Durban 4 case, which the SABC, with their expensive advocates and attorneys lost resulted in legal costs of several Millions of rands. Seemingly everyone is OK with that, including the Internal Audit Department and the SABC Board. I wonder if the Special Investigations Unit has picked-up on it and if they will be OK with it? And the public, the tax payers.... It’s their money at the end of the day.
So the money is wasted, millions and millions and no one is held accountable. But dare to not attend a CCMA arbitration (without a voice) and immediate action is taken. Suddenly the dialogue between Scar and the mouse in the Lion King movie is getting a deeper meaning when this big, mean Lion held the tiny mouse by it’s tail ready to swallow it and said “Life's not fair, is it? I shall never be King and you... shall never see the light of another day.”
Aluta!
We referred an unfair labour practice dispute seeking to overturn the verdict and sanction. (No real prejudice to the SABC if it happens)
Yesterday the SABC arrived at the CCMA with an attorney and an advocate! To defend a simple unfair labour practice dispute. Or maybe to defend someone’s ego?
Seemingly attorneys and advocates get appointed for the simplest of matters. The SABC has a fully fledged legal department where they employ attorneys and advocates. It is in fact headed by an advocate. The SABC also has a Employee Relations Department, where all are on senior managerial salary scales earning huge salaries and they are specifically employed to do labour litigation. Yet, the manager appoints advocates to litigate against employees and union officials.
Do we still need a legal department and employee relations department If attorneys and advocates are doing the job? Recently the same Employee Relations Department shifted their job and responsibility to an ordinary employee (manager) to do a case at the CCMA. Is this not the way to go? Train individual employees and managers in labour relations, and make it part of their responsibilities to represent the SABC in CCMA matters. It is in any event a manager’s job. In other matters appoint attorneys, which happens anyway. At least the SABC then saves on salaries and other benefits of 2 very expensive units, and only pay attorneys when they are needed. No costly monthly fixed salary bill – only legal cost when needed, which is paid currently anyway.
How much is the the SABC spending on legal fees, and why are they so frequently in court and at the CCMA? The Durban 4 case, which the SABC, with their expensive advocates and attorneys lost resulted in legal costs of several Millions of rands. Seemingly everyone is OK with that, including the Internal Audit Department and the SABC Board. I wonder if the Special Investigations Unit has picked-up on it and if they will be OK with it? And the public, the tax payers.... It’s their money at the end of the day.
So the money is wasted, millions and millions and no one is held accountable. But dare to not attend a CCMA arbitration (without a voice) and immediate action is taken. Suddenly the dialogue between Scar and the mouse in the Lion King movie is getting a deeper meaning when this big, mean Lion held the tiny mouse by it’s tail ready to swallow it and said “Life's not fair, is it? I shall never be King and you... shall never see the light of another day.”
Aluta!
Saturday, 28 August 2010
Solly Mokoetle has been suspended!
The SOS: Support Public Broadcasting Coalition
SOS welcomes the Board’s decision to suspend the SABC’s GCEO, Solly Mokoetle
27 August 2010
The “SOS: Support Public Broadcasting” Campaign representing a number of trade unions including COSATU, COSATU affiliates CWU and CWUSA, FEDUSA and BEMAWU; independent film and TV production sector organisations including the South African Screen Federation (SASFED); and a host of NGOs and CBOs including the Freedom of Expression Institute (FXI), Media Monitoring Africa (MMA), the Media Institute of Southern Africa (MISA-SA) and the National Community Radio Forum (NCRF); as well as a number of academics and freedom of expression activists welcome the SABC Board’s decision to suspend the SABC’s CEO, Solly Mokoetle.
Mr. Mokoetle has strongly backed and supported the Chair of the SABC, Dr Ben Ngubane’s serious breaches of corporate governance at the broadcaster. He has implemented the Chair’s illegal unilateral appointment of the Head of News thus throwing the SABC into a serious, an entirely unnecessary, corporate governance crisis.
Further, it is alleged that Mr Mokoetle has operated unilaterally (with only the authority of the Chair) and without accounting to the rest of the Board on a number of important occasions. For instance, in a leaked memo from Board members to the Minister of Communications on 8 June 2010 it appears that Mr. Mokoetle attended a conference in China on behalf of the Chair of the Board, days before the opening of the World Cup, on an issue not vital to the SABC’s core mandate, and without appointing anyone to act in his absence.
Further to these specific allegations it appears that Mr Mokoetle has failed overall to deliver on his detailed performance targets clearly laid out in his performance contract with the SABC Board. To date the SABC still does not have a “turn around” strategy in place. Further, he does not appear to have implemented any cost cutting measures at the cash-strapped broadcaster – in fact it appears that there was significant fruitless and wasteful expenditure at the SABC over the period of the FIFA World Cup. This is in terms of the purchase of World Cup tickets, without ensuring direct benefits to the SABC, and the hiring of the Sandton Convention Centre, at excessively high rates, as a broadcast venue.
If these various allegations are in fact proved to be correct then we believe Mr Mokoetle should be fired for both actively supporting and implementing illegal decisions taken by the Chair and further for not fulfilling the clear targets of his performance contract.
The swift conclusion of Parliamentary processes
Further to this action around the CEO we believe that Parliament needs to conclude its hearings into the SABC governance crises in an open session. SOS supports the calls by IDASA, SANEF, MISA-SA and others to ensure that Parliamentary sessions are held in the open to ensure maximum public accountability and transparency. We therefore do not believe that Parliament should wait to hear the conclusion of the court case that forced them to adjourn their closed session. The Parliamentary hearing should be held in the open as soon as possible.
The Coalition notes that to date only one side of the story has been tabled and reported on – the evidence of the Chair Dr. Ben Ngubane. We urgently need to hear the evidence from the rest of the Board.
SOS believes that Parliament must then investigate this evidence before them and take appropriate and swift action against those guilty of violating good corporate governance practices, processes and protocols at the SABC. If it is found that the Chair of the Board, Dr Ben Ngubane has in fact violated good corporate governance practices at the SABC, which it certainly appears he has, then he should be removed as Chair of the Board.
Tuesday, 24 August 2010
Ruling in Case Number GAJB2736/10 Unfair suspension of Mr. Leballo
The General Manager
Employee Relations
SAFBC
Dear Sir,
The CCMA Arbitration Award in this matter, received today has reference.
We confirm that the outcome of the arbitration was that the suspension of Mr. Leballo has been declared unfair, and that he must report for duty within seven (7) days of receipt of this award. We furthermore confirm that the SABC has been ordered to pay Mr. Leballo an amount of compensation of R90 000 within 21 days to compensate him for the unfair suspension.
Mr. Leballo wants to report for duty tomorrow.
Kindly make the necessary arrangements for him to collect his access card and laptop, and furthermore ensure that his return to work will be without any further interference and hindrances.
Sincerely,
Hannes du Buisson
President
BEMAWU
Employee Relations
SAFBC
Dear Sir,
The CCMA Arbitration Award in this matter, received today has reference.
We confirm that the outcome of the arbitration was that the suspension of Mr. Leballo has been declared unfair, and that he must report for duty within seven (7) days of receipt of this award. We furthermore confirm that the SABC has been ordered to pay Mr. Leballo an amount of compensation of R90 000 within 21 days to compensate him for the unfair suspension.
Mr. Leballo wants to report for duty tomorrow.
Kindly make the necessary arrangements for him to collect his access card and laptop, and furthermore ensure that his return to work will be without any further interference and hindrances.
Sincerely,
Hannes du Buisson
President
BEMAWU
Friday, 06 August 2010
Fire SABC Board Chairperson
SOS: SUPPORT PUBLIC BROADCASTING COALITION
SABC CRISIS DEEPENS – PARLIAMENT MUST INVESTIGATE, BOARD CHAIR MUST RESIGN OR BE REMOVED
6 AUGUST 2010
The SOS Campaign representing trade unions (including Cosatu, Fedusa and Bemawu), NGOs (including Media Monitoring Africa, the Freedom of Expression Institute and Misa-SA), CBOs, industry related bodies (including SASFED), academics and freedom of expression activists notes with dismay the seemingly endless governance problems at the SABC.
From media reports it appears that the Chair of the Board, Dr Ben Ngubane and the CEO, Mr. Solly Mokoetle are again involved in decisions that flout good corporate governance practices and procedures. It appears that the CEO, Mr Solly Mokoetle, without Board approval, has authorised additional bonuses to staff. These discretionary bonuses related to the World Cup are reportedly costing the public broadcaster R4.5m – and this at a time of great financial strain for the broadcaster. Further, there seems to be some controversy around whether these payments were in fact in lieu of overtime.
The interim Board of the SABC arranged a R1.47bn government guarantee in 2009 to pay back the SABC’s debts and further to assist with the implementation of a much needed turn-around strategy. The understanding from National Treasury was that the starting point was that all unnecessary spending would be strictly curtailed. So even if the CEO did not require specific Board approval for the World Cup bonuses, the wisdom of the decision must surely be questioned.
The Coalition believes that the ongoing crises at our public broadcaster have become so serious that urgent intervention from Parliament is, sadly, once again required.
We believe the following interventions should be undertaken by the Board:
1) First, the Board needs to pass a resolution of no-confidence in the Chair for non-compliance with Board procedures and decisions.
2) Second, the Board needs to pass a resolution to send a formal letter to the Speaker of Parliament requesting the National Assembly to initiate an enquiry into the alleged misconduct of the Chair with a view to removing him from the Board on the grounds of misconduct in terms of the sections 15, and 15A of the Broadcasting Act.
If the Board is effectively paralysed and cannot act in the ways we suggest, then we call upon Parliament to act. Parliament must (as it is legally entitled, indeed required, to do in times of crisis involving the SABC) initiate its own enquiry into what appear to be serious violations of corporate governance processes involving the Chair of the SABC Board. If after due enquiry it is clear that such violations have taken place, then Parliament must act to remove the Chair. Parliament cannot afford to drag out these crises in the same way it did over the crises that plagued the previous SABC Board.
SOS notes that the Board has been in office for the last seven months and yet we have little to show for this. No new vision for the SABC appears to have been crafted and the much-talked-about turnaround strategy is still not forthcoming. Further, communication with the general public in terms of its numerous corporate governance breaches and crises has been grudgingly scarce. For the most part the public has been forced to rely on media leaks.
SOS reiterates once again the critical importance of the SABC fostering a culture of transparency and communication. As a public broadcaster, the SABC’s main stakeholder is the public. Hence the SABC needs to ensure that its decision-making and governance processes – and the details of the crises and how they are being handled – are effectively communicated to the nation.
Further, SOS is considering taking up the numerous corporate governance breaches with the Public Protector. It is critical to restore the credibility of the SABC and this may be one important way.
Finally, SOS notes the comments made in today’s Mail & Guardian newspaper that there are further crises around the appointment of the Head of News and that allegedly divisions have arisen in terms of the disciplining of the CEO, Solly Mokoetle. SOS believes that this further confirms the need for the proposals we have outlined above.
For more information please contact:
Kate Skinner – SOS Coordinator - 082-926-6404
William Bird – Executive Director Media Monitoring Africa – 082-887-1370
Siphiwe Segodi – Freedom of Expression Network – 072-655-4177
Matankana Mothapo – Spokesperson Communications Workers Union – 082-759-0900
Hannes du Buisson – President Broadcasting Electronic and Media Workers Union – 082-920-8669
Marc Schwinges – Communications SASFED – 083-901-2000
Ayesha Kadjee – Executive Director FXI – 083-500-7486
Wednesday, 04 August 2010
The not-so-Human Resources of SABC Sales and Marketing
Sue Dennison worked for the SABC for 20 years.
This morning she received this e-mail from the Human Resources Department, Sales and Marketing headed by Mr Dingaan Feliti.
“Hi Sue
This serves to advise that your last day in our service was 31 July 2010 as you reached normal retirement age during July. We erroneously did not inform you and did not do the processing. Please be aware that the SABC will not be in a position to pay you for the 2 days you worked in August 2010.”
HOW DREADFUL IS THIS? First you don’t inform the employee, after 20 years of service that her services will be terminated (many employees continue to work beyond retirement date). No interest at all in her 20 years of service. No “thank you”, no “good bye”. And then you add insult to injury by stating she will not be paid for the two days she worked!!!! Unbelievable! Shocking! Well, maybe not so shocking for us, because this is how employees are treated, in particular at Sales and Marketing. By what is called Human Resources.
Sales and Marketing is the engine room of the SABC’s finances, where at least 80% of the SABC’s income is generated. And this is how you treat those employees?
A report from a member.
“Dear Hannes
Please refer to the e-mail below and the attachment and kindly note that most of the staff is distraught with the way this had been dealt with as Tannie Sue was seen crying uncontrollably and was made to leave the building like a skelm after 20 years of service to the SABC.
What are we going to do about this as the members of the union/s are very upset with the way they are dealing with the pertinent matters within Group Sales & Marketing.”
This morning she received this e-mail from the Human Resources Department, Sales and Marketing headed by Mr Dingaan Feliti.
“Hi Sue
This serves to advise that your last day in our service was 31 July 2010 as you reached normal retirement age during July. We erroneously did not inform you and did not do the processing. Please be aware that the SABC will not be in a position to pay you for the 2 days you worked in August 2010.”
HOW DREADFUL IS THIS? First you don’t inform the employee, after 20 years of service that her services will be terminated (many employees continue to work beyond retirement date). No interest at all in her 20 years of service. No “thank you”, no “good bye”. And then you add insult to injury by stating she will not be paid for the two days she worked!!!! Unbelievable! Shocking! Well, maybe not so shocking for us, because this is how employees are treated, in particular at Sales and Marketing. By what is called Human Resources.
Sales and Marketing is the engine room of the SABC’s finances, where at least 80% of the SABC’s income is generated. And this is how you treat those employees?
A report from a member.
“Dear Hannes
Please refer to the e-mail below and the attachment and kindly note that most of the staff is distraught with the way this had been dealt with as Tannie Sue was seen crying uncontrollably and was made to leave the building like a skelm after 20 years of service to the SABC.
What are we going to do about this as the members of the union/s are very upset with the way they are dealing with the pertinent matters within Group Sales & Marketing.”
Thursday, 27 May 2010
Chief Executive, Human Capital represents junior employee in disciplinary hearing
Days ago the Acting Chief Executive, HUMAN CAPITAL of the SABC represented a junior employee in an internal disciplinary hearing.
How bizarre! The same executive is required in terms of the DAF (Delegation of Authority Framework) of the SABC to approve disciplinary action against the same employee he represented! So how do you decide to discipline an employee but then you go and defend that employee in the hearing? And then you have three of your subordinates sitting on the panel, of whom at least one is reporting to you directly (the HR person on the panel)! Then the accused employee does not appear in person, but only the Chief Executive. And guess what was the outcome. Case dismissed! Assault.
Is this a new strategy to weaken unions at the SABC, I wonder (tongue-in-the-cheek)? You simply go to the Acting Chief Executive, Human Capital who takes days to respond to letters in respect of salary negotiations, (busy office) to represent you in disciplinary hearings which requires lots of time. Or maybe it is a new way of transparency. Glasnost! You pay lip service to DAF, you recommend that disciplinary action be taken, then you go and defend the employee and you win the case. Kind of using your power. At least you can then blame someone else, who has dismissed the case. And you build a very good reputation as the best (paid) employee representative ever! I wonder what one would name such a venture? AGCERMPCS. Acting Group Chief Executive RM Professional Consulting Services maybe? I don’t know.
So Mr. Acting Chief Executive, Human Capital, what about starting to look at the interest of employees at the SABC (not by representing them in hearings) but by creating a pleasant and conducive working environment at the SABC? Like in putting structures in place to award employees for good performance? Something your predecessors has dismally failed to do. Like in concentrate on employee’s career paths and regradings, where loyal, hard working employees have not received any promotion and other than the negotiated increases for years now? Like starting a process to review the draconian personnel regulations of the SABC where for instance employees are prosecuted when they speak to the media about what’s going on at the SABC?
How bizarre! The same executive is required in terms of the DAF (Delegation of Authority Framework) of the SABC to approve disciplinary action against the same employee he represented! So how do you decide to discipline an employee but then you go and defend that employee in the hearing? And then you have three of your subordinates sitting on the panel, of whom at least one is reporting to you directly (the HR person on the panel)! Then the accused employee does not appear in person, but only the Chief Executive. And guess what was the outcome. Case dismissed! Assault.
Is this a new strategy to weaken unions at the SABC, I wonder (tongue-in-the-cheek)? You simply go to the Acting Chief Executive, Human Capital who takes days to respond to letters in respect of salary negotiations, (busy office) to represent you in disciplinary hearings which requires lots of time. Or maybe it is a new way of transparency. Glasnost! You pay lip service to DAF, you recommend that disciplinary action be taken, then you go and defend the employee and you win the case. Kind of using your power. At least you can then blame someone else, who has dismissed the case. And you build a very good reputation as the best (paid) employee representative ever! I wonder what one would name such a venture? AGCERMPCS. Acting Group Chief Executive RM Professional Consulting Services maybe? I don’t know.
So Mr. Acting Chief Executive, Human Capital, what about starting to look at the interest of employees at the SABC (not by representing them in hearings) but by creating a pleasant and conducive working environment at the SABC? Like in putting structures in place to award employees for good performance? Something your predecessors has dismally failed to do. Like in concentrate on employee’s career paths and regradings, where loyal, hard working employees have not received any promotion and other than the negotiated increases for years now? Like starting a process to review the draconian personnel regulations of the SABC where for instance employees are prosecuted when they speak to the media about what’s going on at the SABC?
Friday, 21 May 2010
SUSPEND THE BOARD CHAIRPERSON AND GCEO
If reports are true that the Chairperson of the Board and the GCEO of the SABC appointed Mr. Phil Molefe as Head of News without the consent of the rest of the Board, it would constitute a very serious breach of corporate governance and has the potential of once again plunging the SABC into similar turmoil the country experienced the same time last year. It also has the potential of seriously jeopardizing the World Cup, only 20 days away. The SABC and the country cannot again afford a division in the Board with all its infighting and have people acting outside governance structures.
The Board and the GCEO have been accused twice in the past three months of allegedly flouting corporate governance and it appears to be
We are calling for the immediate suspension of both the Chairperson of the Board and the GCEO, and any other person involved in this serious breach of corporate governance pending a proper investigation of the matter and to avoid a situation of infighting and destabilization of the SABC at a very crucial time in the history of our country. A suspension would be precautionary of nature, and would not indicate the guilt of anyone involved.
To date the top structure of the SABC has failed to address many issues, including the most pressing one in the Freestate, where employees every day of their lives are intimidated and threatened by draconian management and the mere asking of a question can result in suspensions for longer than a year whilst others walk free in matters involving millions of rands.
We also demand that the appointment of Mr. Molefe be reversed, as it was done ultra vires and carries no status.
BEMAWU
0829208669
The Board and the GCEO have been accused twice in the past three months of allegedly flouting corporate governance and it appears to be
We are calling for the immediate suspension of both the Chairperson of the Board and the GCEO, and any other person involved in this serious breach of corporate governance pending a proper investigation of the matter and to avoid a situation of infighting and destabilization of the SABC at a very crucial time in the history of our country. A suspension would be precautionary of nature, and would not indicate the guilt of anyone involved.
To date the top structure of the SABC has failed to address many issues, including the most pressing one in the Freestate, where employees every day of their lives are intimidated and threatened by draconian management and the mere asking of a question can result in suspensions for longer than a year whilst others walk free in matters involving millions of rands.
We also demand that the appointment of Mr. Molefe be reversed, as it was done ultra vires and carries no status.
BEMAWU
0829208669
Thursday, 13 May 2010
Breach of Multi-term agreement
Dear Mr. Morobe,
The SABC is in breach of the Multi-term agreement between the parties. The agreement, which was drafted by the SABC (not BEMAWU) clearly stated the SABC will effect a salary increase of CPI +1% by the end of April 2010. The SABC only paid 3.75%. This is clearly in breach of the agreement. For two (2) years prior to April 2010 the SABC knew about this agreement, but failed/alternatively refused to put proper arrangements in place to comply with same.
All our rights are strictly reserved.
Furthermore, the SABC has failed to engage us further in negotiations in respect of the substantive issues and the outstanding 2.2%.
We hereby demand that the SABC either without any further delay implement the outstanding 2.2%, or urgently engage with BEMAWU in negotiations around the implementation of same.
Also in this regard our rights are reserved.
We await your most urgent response.
Sincerely,
Hannes du Buisson
BEMAWU
The SABC is in breach of the Multi-term agreement between the parties. The agreement, which was drafted by the SABC (not BEMAWU) clearly stated the SABC will effect a salary increase of CPI +1% by the end of April 2010. The SABC only paid 3.75%. This is clearly in breach of the agreement. For two (2) years prior to April 2010 the SABC knew about this agreement, but failed/alternatively refused to put proper arrangements in place to comply with same.
All our rights are strictly reserved.
Furthermore, the SABC has failed to engage us further in negotiations in respect of the substantive issues and the outstanding 2.2%.
We hereby demand that the SABC either without any further delay implement the outstanding 2.2%, or urgently engage with BEMAWU in negotiations around the implementation of same.
Also in this regard our rights are reserved.
We await your most urgent response.
Sincerely,
Hannes du Buisson
BEMAWU
Friday, 07 May 2010
Re: Multi-term Agreement: BEMAWU/SABC
Dear Mr. Morobe,
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.
Sincerely,
Hannes du Buisson
BEMAWU
7 MAY 2010
THE PRESIDENT
BEMAWU
EMAIL: president@bemawu.org.za
Dear Hannes,
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.
TRPMOROBE
On 2010/05/07 10:11 AM, "Ron Morobe" <morober@sabc.co.za> wrote:
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:
We need your urgent confirmation of same by close of business today, for obvious reasons.
Sincerely,
Hannes du Buisson
BEMAWU
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.
Sincerely,
Hannes du Buisson
BEMAWU
7 MAY 2010
THE PRESIDENT
BEMAWU
EMAIL: president@bemawu.org.za
Dear Hannes,
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.
TRPMOROBE
On 2010/05/07 10:11 AM, "Ron Morobe" <morober@sabc.co.za> wrote:
Dear Hannes,
Please find attached a response to your email of this morning, regarding the salary increase of BEMAWU members.
Regards,
Ron
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
www.sabc.co.za <http://www.sabc.co.za>
Dear Ron,
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.
Sincerely,
Hannes du Buisson
BEMAWU
Friday, 30 April 2010
SABC failed to pay Radio 2000 staff
More than 40 employees at Radio 2000 has, for the second time this year not been paid by the SABC. Workers are threatening now to down tools if they don’t get paid immediately. Some workers already went home whilst other obtained legal advice from BEMAWU to embark on a strike. Should the SABC not pay our members immediately, we will start legal action against the SABC, which may include a strike. As most of these employees are technical staff, producers and on-air presenters, it may result in a total blackout for Radio 2000.
It is shocking and confirms our suspicion that SABC Management has no or little regard for employee rights. It is the worst treatment after dismissing an employee to not pay employees their hard earned and often very small salaries. Employees have financial responsibilities, they must pay their bills, they must buy food, they must put in petrol and pay their car installments. How are they going to do this without their salaries? But if you earn a big, inflated salary like the Management of the SABC, you obviously don’t feel the same pinch, and you make sure your salary is paid in time.
It is shocking and confirms our suspicion that SABC Management has no or little regard for employee rights. It is the worst treatment after dismissing an employee to not pay employees their hard earned and often very small salaries. Employees have financial responsibilities, they must pay their bills, they must buy food, they must put in petrol and pay their car installments. How are they going to do this without their salaries? But if you earn a big, inflated salary like the Management of the SABC, you obviously don’t feel the same pinch, and you make sure your salary is paid in time.
Wednesday, 21 April 2010
Vote please
BEMAWU members are urged to vote in the latest poll re salary negotiations at http://www.bemawu.org.za/
Remember to register with your own username and password and to log on after you have received a confirmation e-mail with the same username and password. Your SABC username and password will NOT work unless you use it to register on the site.
ONLY BEMAWU members will be given access to the site.
Remember to register with your own username and password and to log on after you have received a confirmation e-mail with the same username and password. Your SABC username and password will NOT work unless you use it to register on the site.
ONLY BEMAWU members will be given access to the site.
Tuesday, 20 April 2010
New Shift Patterns
Dear Keobokile,
We are concerned about the turnaround times from your departments. Several letters (and issues) are still unanswered and we will be now compelled to declare disputes in all of those issues. The SAFM issue, where one of our members have been removed off air for no apparent reason is one such issue.
We have corresponded and communicated with your office about the News Studio Crews and the unilateral changes going on there at the moment. Hereunder a complaint by one of our members, which is self explanatory:
“Johnny Manamela had a meeting with the permanent studio production news crew. In this meeting he said that negotiations were entered into with all the unions concerned, and after negotiations, he received a directive from Employee Relations at the SABC to go ahead with his proposed shift roster for May 2010.
I said to him that he is in breach of the Sabc's time management principles, on one point, that his proposed changes do not take into account that we are to be given two 60 hour breaks, one of which must include a weekend, to this he added that he has complied with the rules. His proposal is that we work a 4 day on 2day off, 4day on 1 day off schedule. I do not see how this can be allowed.
Another is that, I was not consulted, but merely informed of these changes, and asked if an impact study of these changes was done.
He says that with the old system we are constantly under utilized, and if that is the case then, our unsociable hour allocation be re-negotiated, as this in unfair.”
This clearly is a unilateral change to terms and conditions of employment, and an unlawful one too. We urge you to instruct Manamela to stop the implementation of this unilateral change, failing we will file a dispute and urgent interdict and we will organize a strike at News Studios. Should we not receive an undertaking within three (3) days from this letter that the unilateral changes will be stopped, we will proceed with the mentioned actions.
Sincerely,
Hannes du Buisson
BEMAWU President
We are concerned about the turnaround times from your departments. Several letters (and issues) are still unanswered and we will be now compelled to declare disputes in all of those issues. The SAFM issue, where one of our members have been removed off air for no apparent reason is one such issue.
We have corresponded and communicated with your office about the News Studio Crews and the unilateral changes going on there at the moment. Hereunder a complaint by one of our members, which is self explanatory:
“Johnny Manamela had a meeting with the permanent studio production news crew. In this meeting he said that negotiations were entered into with all the unions concerned, and after negotiations, he received a directive from Employee Relations at the SABC to go ahead with his proposed shift roster for May 2010.
I said to him that he is in breach of the Sabc's time management principles, on one point, that his proposed changes do not take into account that we are to be given two 60 hour breaks, one of which must include a weekend, to this he added that he has complied with the rules. His proposal is that we work a 4 day on 2day off, 4day on 1 day off schedule. I do not see how this can be allowed.
Another is that, I was not consulted, but merely informed of these changes, and asked if an impact study of these changes was done.
He says that with the old system we are constantly under utilized, and if that is the case then, our unsociable hour allocation be re-negotiated, as this in unfair.”
This clearly is a unilateral change to terms and conditions of employment, and an unlawful one too. We urge you to instruct Manamela to stop the implementation of this unilateral change, failing we will file a dispute and urgent interdict and we will organize a strike at News Studios. Should we not receive an undertaking within three (3) days from this letter that the unilateral changes will be stopped, we will proceed with the mentioned actions.
Sincerely,
Hannes du Buisson
BEMAWU President
Wednesday, 14 April 2010
Increase of staff
Extraxt of our submission to Parliament
15.1. There was an overall increase of 50% in Senior and Middle management in this period.
15.2. In the same period the workforce or so-called First Citizens only increased by three percent (3%). (See document 1)
15.3. In Content Enterprises (Content Hub) alone there was an 80% increase in `Senior and Middle management and a reduction of First Citizens orordinary employees of 24%. (Document 2)
15.4. In Corporate Strategy only junior managers and supervisors were appointed and no so-called First Citizens. There was a 300% increase or growth in managers and supervisors in this department.(Document 3).
15.5. In the office of the Group Chief Executive and Regions there was an increase of 400% in seniormanagement and 205% in Middle management.
15.6. This is a total of 625% increase in management in this department. (Document 4)
15.7. Group Finance - 63% increase in Senior and Middle management. (Document 5)
15.8. Group Human Capital Services - increase of 55% in Middle management and a reductions of 11% of bargaining units employees (Document 6)
15.9. Internal Audit - 50% increase in the Middle managers and a 400% increase in Supervisors. (Document 7)
15.10. Legal Services Department - 130% increase in Senior and Middle management. (Document 8)
15.11. News Department - 48% increase in Senior and Middle managementand a 15%decrease of ordinary employees of (Document 9)
15.12. Radio Division - 130% increase in Senior and Middle management and only a 7% increase of ordinary employees (Document 10)
15.13. Regional operations - 80% increase in Senior and Middle management and a 30% decrease of ordinary employees (Document 11)
15.14. Sales and Marketing department - 125% increase in Executive and Senior management and a 10% reduction of ordinary employees. (Document 12)
15.15. Public Broadcasting division - 36% increase in Middle management and only a 3% increase of ordinary employees. (Document 13)
15.16. PBS Television - 97% increase in Senior and Middle management and a 4% reduction of ordinary employees. (Document 14)
15.17. A 440% increase in senior and middle management for PCS whilst ordinary employees only increased by 3%. (See document 15)
15.18. PCS Television - 240% increase in Senior and Middle management. (See document 16)
15.19. In Television in total - 106% increase of Senior and Middle management, while over the same period a 3% decrease of ordinary employees. (See document 17)