NPA to get private sector forensic help:
The private sector will be tapped for expertise needed to get South Africa off the Financial Action Task Force (FATF) grey list and to prosecute complex state capture cases, deputy national director of public prosecutions Anton du Plessis said on Wednesday
The Directorate for Priority Crime Investigations (the Hawks) will get help from specialist forensic and financial experts for 20 priority cases as part of efforts to persuade the global money-laundering and terrorist-financing watchdog to remove South Africa from its caution list.
Du Plessis noted that the government was working against the clock to meet a January deadline to comply with the 22-item action plan imposed by the Paris-based task force.
He was speaking after a briefing by the presidency and Business for SA (B4SA), which mobilises private resources to resolve state infrastructure problems, after the first meeting of the forum since the May elections.
According to the presidency, Tuesday’s meeting reviewed progress on resolving infrastructure issues since it was convened last year, and will “identify further areas of collaboration” beyond the existing three of energy, transport and efforts to combat corruption.
Du Plessis described the third area as a “unique workstream”. It has so far yielded the least progress.
“It is very different to the others, in some ways quite a lot more complex and also a little bit more contentious to manage because of course we need to put in place firewalls throughout the process to protect the independence of the institution.”
He said it was a focus and time-bound effort to enhance government capacity to investigate complex crimes that cause the most damage to the economy.
It does not amount to outsourcing key government work to the private sector, he added. “Rather it is to tap into the very specialised skills that law enforcement and the criminal justice system need to keep pace with the complex and growing threat of crime that we see.”
The focus in coming months would be meeting FATF standards and strengthening the skill set of the National Prosecuting Authority’s (NPA’s) Investigating Directorate, notably on digital analysis.
“The two priorities that we will focus on for the next couple of months is obviously the issue that everyone is aware of of getting off the FATF grey list and we have very little, I think we have until January to get through the final two main substantive barriers.
“The most important one is demonstrating sustained progress in the prosecution of complex and standalone money-laundering and terrorist-financing cases.”
Hence the Hawks have identified 20 priority cases in this area where they are now working with the private sector.
“And of course this is key to that final qualitative assessment in getting off the grey list.”
South Africa was placed on the grey-list in February 2023.
Du Plessis said the NPA was working to enhance the capacity of the Investigating Directorate, which was initially established to deal with recommendations from the Zondo inquiry on state capture, and recently made a permanent body with an investigative mandate modelled on that of the defunct Scorpions.
“But a key missing ingredient and not only for the NPA but globally for prosecution services is the ability to engage with the complex issue of digital evidence, which is found on multiple encrypted devices and which needs to be extracted, analysed and obviously presented as admissible evidence in court.”
He said a special digital evidence unit would be set up and staffed by local and international experts.
“Very important to note, it will be governed by a board, which is being appointed, with some of the most respected jurists in the country as well as managed under a special purpose vehicle and that board will create the firewall between the NPA and this initiatives to make sure that there is no undue influence or perceptions of undue influence.”
The issue of digital data analysis was one of those that bedevilled the state’s fraud and money-laundering case against former Eskom chief executive Matshela Koko, which was struck off the roll by a Middelburg regional court magistrate last year because it was not trial ready a year after his arrest.
The state asked for another extension, inter alia to complete a data analysis report, for which the investigating officer was perusing 18 gigabytes or, as the magistrate put it, a “mind-boggling” billion pages of information.
His decision, which national director of public prosecutions Shamila Batohi has questioned, added to a list of setbacks the NPA has experienced with state capture cases and called into question its capacity to convict corruption kingpins.
In an overview of the work of its public-private collaboration, the presidency said the workstream on energy has been the most effective, achieving significant grid recovery and some 150 without load-shedding.
That reprieve was in part due to the reforms that have seen a significant increase in private solar generation, said James Mackay, the chairperson of the energy council.
“However, we still face multiple challenges including rapidly rising electricity costs, unsustainable municipal utilities, complex market reform, a constrained grid with delayed expansion, and stalling investment in new generation,” the president’s office said.
“Significant investment will be required for energy sector reform over the next five to 10 years.”
There was consensus at the meeting that it was “critical to pave the way now” in this regard, it added.
The National Energy Crisis Committee will therefore focus on transmission, market reform, municipal utilities and new energy generation.
Embracing sustainable business practices:
McDonald’s South Africa demonstrates its dedication to reducing its environmental footprint through various initiatives
In an era where environmental and societal challenges are increasingly pressing, businesses play a crucial role in driving sustainable progress.
At the recent Mail & Guardian 200 Young Summit sponsored by McDonald’s South Africa, a panel of experts discussed how companies can adopt sustainable practices to mitigate their environmental impact and foster a more equitable society.
The panel featured Nicole Mountain, Head of Platform at Savant; Sandile Tshabalala, Co-founder of Huruma Bantfu; and Tatenda Muponde, Attorney from the Centre for Environmental Rights. Their discussion focused on the potential for businesses to lead in sustainability and the importance of integrating environmental and social goals into business strategies.
Tshabalala said that sustainable business practices involve balancing economic, environmental and social goals to ensure long-term viability.
He said that this balance is especially important for businesses in low-income areas, where inadequate support and resources can hinder growth.
Tshabalala shared that Huruma Bantfu has engaged with township environments to understand the specific challenges faced by small businesses and to work towards solutions that address these issues effectively.
Mountain discussed how sustainable practices should prioritise investments that produce positive environmental and social outcomes. She added that Savant supports projects aimed at reducing carbon footprints, adopting greener technologies and enhancing overall sustainability.
She highlighted the importance of shifting business focus from immediate profits to long-term impacts on the environment and society.
Muponde said it was important for community awareness to ensure that companies adhere to sustainable practices. Muponde’s work with the Centre for Environmental Rights involves promoting transparency and accountability among businesses.
She said educating communities about their environmental rights empowers them to hold companies accountable and drive adherence to sustainability standards.
Muponde added that it is important for businesses to play a crucial role in addressing environmental and societal challenges by integrating sustainability into their core strategies, driving innovative practices, and demonstrating leadership through impactful initiatives that benefit both the environment and the community.
As a sponsor of the session, McDonald’s South Africa demonstrated its commitment to integrating sustainability into its business model. In a video shared with the audience, McDonald’s South Africa said it prides itself in its implemented various eco-friendly practices, such as reducing waste, conserving water and sourcing sustainable ingredients.
McDonald’s South Africa has set goals to minimise its environmental footprint, including reducing greenhouse gas emissions and adopting energy-efficient technologies.
One notable initiative is McDonald’s global effort to source 100% of its coffee and palm oil from verified sustainable sources. This aligns with the company’s strategy to enhance the sustainability of its supply chain.
McDonald’s South Africa has invested in waste reduction programs, including recycling and composting, to decrease the amount of waste sent to landfills.
The company has also engaged in community support programs, partnering with local organisations to support urban greening projects and educational initiatives on environmental conservation. These efforts reflect McDonald’s South Africa’s commitment to addressing local needs while advancing its sustainability goals.
The summit highlighted the broader implications of adopting sustainable practices for businesses.
Sustainable practices not only address environmental and regulatory pressures but also contribute to long-term business success, Mountain said, adding that companies that embrace sustainability can enhance their reputation and meet the expectations of increasingly eco-conscious consumers.
The discussion emphasised that sustainability is a fundamental aspect of modern business strategy. Businesses that integrate sustainability into their operations set a standard for others to follow and demonstrate that environmental responsibility and economic success can coexist, Tshabalala added.
The insights shared at the Mail & Guardian 200 Young Summit underline the importance of integrating sustainability into business practices. With mounting environmental and societal challenges, businesses have a significant role in driving progress.
In sickness and in health: What can workers expect from their employer if they are too sick to work?:
What is the responsibility of a company to employees who become too ill to do their work? A recent CCMA ruling sheds some light on this.
Refilwe Matinketsa worked for Dis-Chem from March 2019 as a picker at its distribution centre. She had to have cancer surgery in 2022. After this she could no longer lift heavy items because she had been fitted with a stoma bag. She was given a temporary job as a checker but was told that this position was redundant and was dismissed in April this year.
The Casual Workers Advice Office (CWAO) assisted her to take an unfair dismissal case to the Commission for Conciliation, Mediation and Arbitration (CCMA) but lost the case last month. The commissioner found that Matinketsa’s dismissal was fair.
Commissioner Johan Stapelberg said Dis-Chem had accommodated her for a lengthy period and there were no alternative positions because the company was shrinking its workforce.
“The prognosis indicated that the inability to do her usual duties would be permanent and the respondent [Dis-Chem] had no alternative but to dismiss the applicant [Matinketsa],” he said.
In her evidence before the CCMA, Matinketsa said on her first day back, when she resumed her duties as a picker, she felt her stomach swelling and was in pain. She was allowed to go home.
A week later, she was called to a meeting in the boardroom and was given work as a checker, which she did until March 2024 when she was told that job was no longer available.
She claimed during the hearing that she was now fully fit for work, but conceded that there was no doctor’s note indicating this.
The HR manager Pule Moeketsi testified at the CCMA hearing that the checker position had become redundant. The company had accommodated Matinketsa in that position hoping her health would improve sufficiently for her to resume her normal duties.
He said eventually, the company had no choice but to start the process of dismissal due to incapacity.
He said her representative had asked if there was space for her as a cashier but this was not possible because the company was restructuring and positions were being reduced.
Dis-Chem says it was reasonable but CWAO disagrees
The CWAO questioned how Dis-Chem could claim it did not have any alternative light-duty or desk job available anywhere for Matinketsa.
“Ms Matinketsa returned to work at Dis-Chem in November 2023. She was expected to continue lifting boxes and repeatedly bend over and stretch – which she could not do because of the stoma bag,” a CWAO statement read.
“Ms Matinketsa offered to work in three other positions – as box maker, scanner or packer but Dis-Chem had also made all of these positions redundant. Dis-Chem did not even make a single attempt to offer Ms Matinketsa retraining in office work or offer her a single job in any of its stores, perhaps dusting the shelves or arranging lipsticks or other tiny Items.”
It said that all manual workers could be summarily dismissed if they were diagnosed with cancer, or suffered other injuries, even if they had long service and “corporate giants needed to be exposed and made to change their ways”.
“Simply terminating their injured and disabled workers is discriminatory and unconstitutional.”
The CWAO has called on Dis-Chem to immediately reinstate her. It said the company had 319 stores in South Africa, Namibia and Botswana, hundreds of in-store clinics and assets of more than R10 billion.
“Yet it refuses to find a permanent light-duty job for its female cancer survivor employee, even after years of loyal service from her,” the CWAO said in a statement.
But Brian Epstein, Dis-chem Operations Divisional Director, said CWAO’s statement was not entirely factually correct and said it had incorrectly portrayed Dis-Chem as a heartless organisation “which was not the case”.
“After Ms Mantinketsa reported ill in July 2022 she was admitted to hospital and underwent surgery. Her extended post-surgery recovery was accommodated by granting annual leave once her sick leave was depleted. Thereafter unpaid leave was initiated with no end date,” he said.
“In May 2023 Dis-Chem assisted Ms Mantinketsa with lodging a disability claim to help relieve her financial burden. In the interest of employee welfare, Dis-Chem employees enjoy many benefits such as sponsored medical insurance, in-house clinics manned by qualified nursing practitioners, daily meals, virtual doctor services, and many other welfare services.”
Epstein said when Mantinketsa reported for work in December 2023, “new roles and duties with standard operating procedures, and retraining was initiated”.
The intention, he said, was to reduce the physical effort in her duties. But when she did not cope with the duties given to her, her tasks were further reduced to include even lighter duties.
“Mantiketsa was unfortunately battling to cope with her reduced responsibilities and could not work a full shift and she was still not physically coping with her work duties even when she was moved to a light duty small item picking function. She could not physically manage. For a further four months Dis-Chem continued to try and accommodate Ms. Mantiketsa on full pay even though she was not productive.
“It is very sad that Ms. Mantiketsa has suffered badly from her illness, and we empathise with her. However after a period of nearly two years we had exhausted all options to assist her, and we had to unfortunately let her go. Subsequently the employee referred the matter to the CCMA who ruled all procedures were followed correctly.”
Dis-Chem said employees were covered for temporary and permanent disability and the insurance premiums were paid by Dis-Chem.
“It is also important to state that Dis-Chem covered the three-month waiting period for the temporary disability claim for Ms Mantinketsa and paid out three months of disability salary at our cost, without Ms Mantinketsa having to wait three months before she was paid her temporary disability claim.”
The Labour Relations Act
Schedule 8 of the Labour Relations Act recognises incapacity of an employee as a reason for dismissal. The Act says in cases of permanent incapacity the employer must look into providing alternative work for the employee or adapting the employee’s duties or work circumstances to accommodate the employee’s disability.
The Act stipulates that in the process the employee must be allowed to state a case and to be assisted by a trade union representative or fellow employee.
“The degree of incapacity is relevant to the fairness of any dismissal,” the Act says.
According to the Act, anyone determining whether a dismissal arising from ill health or injury is unfair should consider whether or not the employee is capable of performing the work; and, if the employee is not capable:
- the extent to which the employee is able to perform the work;
- the extent to which the employee’s work circumstances might be adapted to accommodate disability, or, where this is not possible, the extent to which the employee’s duties might be adapted; and
- the availability of any suitable alternative work.
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