Category: General

The promulgation of sections of the Legal Practice Act on appeals processes emanating from Legal Practice Council decisions against legal professionals is an innovative step forward in ensuring that these appeals are dealt with fairly.

This is according to Legal Services Ombud, Judge Sirai Desai, who was briefing the media on Tuesday.

The promulgation operationalises how appeals panels will be appointed.

“Many of the convictions or acquittals of attorneys by the Legal Practice Council are in limbo because…there is no appeals process in operation. But the promulgation of sections of the Act two weeks ago makes it possible now for appeals to be heard.

“The appeals…[are now] heard by a tribunal that consists not simply of an attorney and an advocate but it is innovative in a sense that it includes a lay person. The lay person comes from a roster which we set up. It is an important innovation…because it gives a fairer outcome to the issue that arises but it also democratises the legal process and subjects legal attorneys to the democratic will of the people,” he said.

Judge Desai says the calibre of the people who have applied to be on the roster has been high.

“We have several professors on the roll, we have several medical doctors, social workers [and] psychologists who have applied to be lay assessors. I can understand that we may need people of that calibre because some of the decisions are complex.

“It’s also a safeguard that the drafters of the legislation had in mind in that lawyers don’t just protect their kith and kin, that the work that lawyers do is subject also to some process outside of the profession. That’s an advance,” he said.

The Legal Ombud

The Ombud’s office has the power to investigate complaints, alleged maladministration, within the ambit of the Legal Practices Act, against legal practitioners.

Desai said in this regard, the office must become wholly independent.

“The offices of the Legal Ombud is intended to be an independent office…independent of government and independent of the Department of Justice. We are currently reliant upon the Department of Justice for our funding but in the course of the next twelve months, we hope to be entirely independent and be funded by the Department of Finance.

“We have to do that because the Act emphasises that the work that we do should be independent from state intervention and state authority,” he said.

Source: South African Government News Agency

Magalies Water has disputed media reports about the entity’s plans of draining the Hartbeespoort Dam, as part of its water resource management plan.

According to the weekend report by an online newspaper publication, North West Times, as part of Magalies Water’s water resource management implementation plan, which was approved by the Department of Water and Sanitation in addressing water quality challenges, the Crocodile West Catchment which includes the Hartbeespoort Dam, will be drained.

Magalies Water spokesperson, David Magae, noted that in a media statement issued on 25 May 2023, Magalies Water confirmed its three-year appointment as an implementing agent on behalf of the Department of Water and Sanitation, and set out clear plans in remedying the water quality challenges, which has beset the Hartbeespoort Dam and surrounding areas, as a result of the negative effects of the Hyacinth.

Magae confirmed that Magalies Water has no plans of draining the Hartbeespoort Dam as alleged, noting that if was, the case would be contrary to the approved water resource management implementation plan.

He said the entity views the genesis of the media report as reckless, irresponsible, and unethical as in its entirety failed to meet the basic tenets of ethical journalism.

“There was unnecessary panic from the public, and other media outlets understandably as sustainable of potable water which is of the highest quality in the North West remains a subject of interest among various stakeholders.

“Neither did the publication afford Magalies Water as an implementing agent on behalf of the department, or the Department of Water and Sanitation itself an opportunity to confirm and or deny these allegations, which have no basis,” Magae said in statement.

Magae added that during an interaction with the publication, it has since been revealed that the story was authorised for publication by the editorial team, without having verified the allegations, and with no credible source to corroborate the contents, which is confirmatory of Magalies Water’s stance in respect of substandard journalism practices.

“Further the publication failed to issue a retraction and or an apology, after it failed to produce any evidence to validate its news story, which was shared far-and-wide across various digital media platforms.

“We call on the public to exercise calm, as there will be no draining of the Hartbeespoort Dam and Magalies Water’s key priority is determining a permanent solution to the Hyacinth challenge in the dam and improving the water quality in the catchment.

“Magalies Water has begun in earnest with its work on the Crocodile West Catchment, which includes among others investigating and conducting trials on various methods of removing the Hyacinth from the dam (dredging) and not draining the water resource as alleged,” Magae said.

He said the public and media will be updated in due course on the work towards improving water quality in the catchment area, including the dam.

Source: South African Government News Agency

“Ensure the implementation of the affirmative action to ensure an equitable workplace representation” – organised labour told

The Department of Employment and Labour has today encouraged the trade union federations to cascade communication on the Employment Equity (EE) amendments and the Affirmative Action to the workers on the ground.

The Department of Employment and Labour today (13 June 2023) hosted a well engaging and fruitful Workshop with the trade union representatives to capacitate them on their roles and responsibilities as members of the Employment Equity (EE) consultative forums and in the implementation of the EE plans in the workplace to align with EE amendments and EE sector targets.

The Department of Employment and Labour’s Deputy Director: Employment Equity, Mr Niresh Singh, told the union member representatives at the Manhattan Hotel in Pretoria to “ensure the implementation of the affirmative action to ensure an equitable workplace representation”.

“Workplace activism is where unions are important to play a critical role and the fact that we have consultative forums, it means that all of us have the responsibility in implementing the Employment Equity Act and including the Affirmative Action,” said Mr Singh.

He added that there must be consultations between the employers and the trade unions, and that this is required in line with the law concerning designated areas to protect the interests of persons living with disabilities and the interests of women inclusively.

“This is where we find a shortcoming, where the unions are not involved and the law has clarified even more that the employer must consult with the representative trade unions or if there is no trade unions, employers must consult with the employees representing the workforce (or the employees at the various occupational levels).

“But dealing with representative trade unions, although the law allows for the consultation of the representative trade union, the good practice is inclusiveness and try to include everybody as long as it is for the good reasons and the right focus area,” said Mr Singh.

He said unions must also include the non-designated group in the consultative forums, because the non-designated group can hear the challenges faced by the designated group and vice-versa.

“Because all of us want to move forward as South Africans want to do and in an inclusive society that is growth orientated. So these are the things that one needs to reflect,” said Mr Singh.

The trade union federations’ leadership was also informed that every designated employer must:

“Conduct an analysis of the workforce profile to determine the degree of under-representation of the various groups in terms of race and gender and per occupational level.

Conduct an analysis of its employment policies, practices, procedures and the working environment to identify employment barriers.”

The Department’s Deputy Director has further emphatically explained the Employment Equity Act that it is not about race.

“Remember, a lot of the times when we are looking at the Affirmative Action or the Employment Equity Act in our country, people only take one small issue, but change it into a big issue. They think the Employment Equity is only about race and that is not true. Employment Equity is also about including people with disabilities, Coloured people, Indian people, White women and so forth. So that is what we need to be thinking about. Nobody is saying you can occupy a job if you cannot do it,” said Mr Singh.

The trade union federations have welcomed the launch of the Commission of Employment Equity Report launch, which is scheduled to take place next week (23 June 2023).

Source: Government of South Africa

MEC Maloyi promise to eradicate blocked projects

MEC for Human Settlements in the North West, Nono Maloyi has again reemphasised his determination to unblock all the blocked projects across the province, when he visited blocked projects in the Dr Kenneth Kaunda district. MEC Maloyi called on both officials from his department and municipal officials in municipalities to work closely in ensuring that all blocked human settlements projects are unblocked by December this year.

During his departmental budget speech at the North West Legislature, MEC Maloyi said that his department is more than determined to eradicate about 76 blocked projects comprising of 8746 houses dating 10 years back, across the province. He said that procurement processes that are already underway on projects that within the 10-year time frame and required geotechnical and dolomitic studies.

According to the department, Geotechnical and dolomite studies it will be undertaken in areas which falls outside the 10 year study timeframe, for which a budget of R52 million has been set as aside in this financial year 2023/2024.

“My department will be including the number of all blocked projects into the current active units, as they have been budgeted for in this financial year. We are currently going on procurement for the projects that could not be accommodated in active projects. It is the intention of the department to eradicate all blocked projects in the province. Currently some are included in the current business plan, others are in the procurement plan for this year and the remainder are undergoing geotechnical and dolomitic studies,” said MEC Maloyi.

Both MEC Maloyi and the head of department Kgomotso Mahlobo have vowed to make the eradication of blocked projects their priority when they assumed office. They both remain optimistic that they will overcome the said challenge. The department will visit other blocked projects in other districts, while introducing contractors to different municipalities who have already being appointed to different human settlements projects including blocked projects.

Source: Government of South Africa

UIF to brief media in North West on fraud-related cases and matters affecting clients in the province

The Unemployment Insurance Fund (UIF), an entity of the Department of Employment and Labour will brief members of the media in Klerksdorp, North West Province on Tuesday, 27 June 2023.

The purpose of the briefing is to provide an update on matters related to the Covid-19 Temporary Employer-Employee Relief Scheme (Covid-19 TERS), related fraud cases and phase two of the “follow the money” project, which started in July 2022. In addition, the UIF will also release payment statistics for normal UIF benefits paid out to clients and beneficiaries located in the province during the 2022/2023 financial year.

For RSVPs, transport and accommodation arrangements where necessary, kindly contact Ms Azwiitwi Murida by close of business on Tuesday, 20 June 2023 at [email protected](link sends e-mail) or 079 896 7693.

The briefing will take place as follows:

Date: Tuesday, 27 June 2023

Venue: Rio Hotel Casino and Convention Resort

Time: 09h00

Media enquiries:

Botsang Huma – Provincial Communication Officer

Department of Employment and Labour

Cell: 082 497 7438

Or

Lungelo Mkamba

UIF Deputy Director: Communications

Cell: 079 889 0719

Source: Government of South Africa

As the ultraconservative Kingdom of Saudi Arabia promotes a new willingness to espouse more liberal social policies towards women, FRANCE 24 is joined by Lina al-Hathloul, Head of Monitoring and Advocacy at ALQST for Human Rights, following the arrest of her sister, Loujain al-Hathloul, an activist and popular fitness instructor widely followed on social media. Amid a widespread crackdown on dissent across the kingdom, Ms Loujain al-Hathloul is being charged with rebellion, defaming the kingdom, and taking on the justice system. Our guest Ms. Lina Al-Hathloul dismisses the kingdom’s “PR campaign that Saudi Arabia’s undertaking to flirt with the West to have tourists visit the country.” She asserts that the kingdom remains “a dictatorship and a police state” where nothing has improved for the population of 36 million, au contraire: “It has even gotten worse with the unprecedented prison sentences” and executions, even of minors.

Source: France24.com