Comply with COVID-19 directions or face fines

The Department of Employment and Labour’s Inspection and Enforcement Services has appealed to employers, supported by employees and organised labour to comply with the COVID-19 occupational health and safety direction or face fines.

Published on 11 June 2021, the minimum requirements of the 4th Direction, “Occupational health and safety measures in workplaces, COVID-19, 2021,” applies to employers and workers in workplaces who are permitted to continue or commence operations under the Disaster Management Regulations.

These Directions apply for the duration of the national state of disaster and are subject to the employer’s obligations under the OHSA to conduct a risk assessment, while employers with less than 10 employees need only to apply Section 12 of Directions.

In a statement, the department’s Chief Inspector Tibor Szana said that if the employer employs more than 50 employees, that employer must submit a record of its risk assessment, to its health and safety committee and retain a written copy of that risk assessment, plan and policy.

“In addition to the other duties placed on the employer, an employer who employs more than 50 employees in a workplace must submit the following categories of data to the NIOH in the manner set out in the National Department of Health Guidelines,” Szana said.

The department says the employer must submit the data referred to hereunder in the following manner: Only once in respect of each employee’s status, for example, each employee’s vulnerability status for serious outcomes of a COVID -19 infection.

Before Tuesday of each week in respect of the data referred to hereunder for the previous calendar week commencing on Sunday, that is:

details of the COVID -19 screening of employees who are symptomatic;

details of employees who test positive in terms of a positive laboratory test;

the number of employees identified as high risk contacts within the workplace if a worker has been confirmed as being positive; and

details on the post-infection outcomes of those testing positive, including the return to work assessment outcome.

The Chief Inspector said that the employer must inform its employees of the submission made to the National Institute for Occupational Health (NIOH) or Department of Health and advise them of its adherence to the PoPI Act, 2013 (Act No.4 of 2013).

“The employer may submit the indicated data to an employer association if the association has entered into an agreement with the NIOH to receive, process and submit the data to the Institute; and undertaken to submit the data on behalf of the employer,” he said.

In relation to Section 16 of the Direction, the department said that the following should be taken cognisance of:

If a person fails to comply with this direction, an inspector may perform any of the functions in section 29 of the OHSA and exercise any of the powers listed in section 30 of the OHSA in order to monitor compliance with this Direction.

In so far as any contravention of these Directions constitutes a contravention of an obligation or prohibition under the OHSA, the offences and penalties provided for in section 38 of the OHSA apply.

“It is therefore a contravention not to comply with the Direction published by the Minister of Employment and Labour and is punishable by up to R100 000 or two years’ imprisonment or both in the case where an employee becomes injured or dies,” Szana said.

The data indicated above can be sent to the following:

For the data collection and transfer to commence, the business or organisation would need to be registered using the Occupational Health Surveillance Systems Web Portal (available through this link: https://ohss.nioh.ac.za/ ) so that a Unique Business ID is allocated to the business. This unique business identity would need to be provided in every data submission transaction to the NIOH.

Source: South African Government News Agency

Minister Blade Nzimande officiates sod-turning ceremony of Sekhukhune Skills Development Centre, 21 Oct

The Minister of Higher Education and Training, Dr Blade Nzimande will officiate the sod-turning ceremony to mark the commencement of the Wholesale and Retail Sector Education and Training Authority’s (W&RSETA) first-ever Skills Development Centre in Groblersdal, Limpopo on the 21st October 2021.

The R146-million centre supports objectives of the National Skills Development Plan to provide infrastructure development at TVET colleges to produce artisans. Government has set a bold target to produce 30 000 artisans annually by 2023 as part of the National Development Plan. Informal traders operating around the centre will also be trained to improve their businesses and new trading stalls will be constructed as part of the project.

Limpopo Premier, Mr Stan Mathabatha will join the Minister at this event.

Source: Government of South Africa

Education bolsters inmate rehabilitation

The Department of Correctional Services says education remains a key element in the rehabilitation of inmates at facilities.

This as 211 inmates prepare to sit for this year’s National Senior Certificate or final Grade 12 examinations.

“Access to education remains the pillar of rehabilitation and formal education ensures that offenders remain focused amid their circumstances as they strive for new beginnings.

“Education is regarded as an essential component of the reconstruction, development and transformation of South African society. Hence, formal education in DCS cannot only respond to the rehabilitation needs of inmates but be viewed as a tool that can radically transform our society and advance the development of the country,” the department said.

The department runs at least 17 Correctional Schools which offer basic education in line with the national curriculum.

Those sitting for examinations at correctional facilities have beaten the national pass average and recorded improved pass rates for the past two years.

The department said although preparations for this year’s examinations have faced “challenges brought by COVID-19”, inmates are well prepared.

“DCS educators…put in extra support classes and went beyond the allocated hours in a day’s work in an effort to ensure that inmates are not just ready but do achieve the best possible results.

“Working together with the Department of Basic Education, DCS can guarantee yet another credible examination process as all examination centres will be invigilated as per the rules governing exam procedures,” the department said.

Source: South African Government News Agency

Partnership to combat disinformation during municipal elections

The Electoral Commission and Media Monitoring Africa (MMA) have joined hands with major social media platforms to fight the spread of disinformation, in the run up to, during and beyond the 1 November 2021 municipal elections.

The Commission and MMA, who in 2019 launched a joint action – to deal with disinformation, have reached an agreement with Google, Facebook, Twitter and TikTok to support its efforts to end the scourge of disinformation.

Commission Vice-Chairperson Janet Love said the framework was important because disinformation poses a threat to the exercise of various rights and to the access of constitutional protections, including freedom of expression, access to credible information and the freedom to make informed political choices.

“The dissemination of disinformation has huge potential to undermine the fairness and credibility of elections. It also threatens democratic political and policy-making processes. Credible information is the lifeblood of all democracies. Trustworthy information is crucial in the process that enables citizens to choose their leaders.

“There has already been commitment to and contributions from the platforms to providing training to enable the identification of disinformation and to maximise the positive communication opportunities that digital platforms potentially provide.

“This has been offered to a wide range of role-players, including political parties. Working to counteract misinformation and distortions from becoming the focus of citizens, the Electoral Commission and MMA have entered into this ground-breaking agreement to cooperate with the four major social media platforms,” Love said.

Real411 to deal with disinformation

The Commission and MMA will use Real411, a system developed by the MMA, as a key component of their respective and combined efforts to deal with disinformation and misinformation.

The Commission and MMA will also use a separate software – PADRE – to identify and eliminate misinformation and disinformation contained in advertisements published in all media.

“Disinformation goes against the Code of Conduct and the electoral laws. On Real411, once a complaint has been reviewed and points to constituting disinformation or misinformation, the Commission will notify the affected online platform.

“This notification will be acknowledged and processed as expeditiously as possible by the online platform,” said William Bird, MMA’s Africa Director.

“The social media platforms have appointed persons or teams during the election period to prioritise referrals from the Commission. Actions taken by the platforms are in terms of their policies and may include the removal of the content, the publication of an advisory warning and/or the delisting of the post.

“With regard to advertising content by contestants, PADRE will enable all stakeholders to make use of this transparent repository of political advertisements.

“All political advertisements, including those targeted at individuals or specific groups using online media, should also be available through the repository. The purpose of the repository is to increase transparency and to enable the verification of the authenticity of any political advertisement,” Bird said.

Disinformation is defined as false, inaccurate or misleading information designed to intentionally cause harm.

Within an election context this includes false information intended to unduly affect participation in, and the outcome, of elections.

The digital disinformation reporting platform – Real411 – forms part of the work of the Electoral Commission’s Directorate of Electoral Offences which was first established ahead of the 2016 Municipal Elections to investigate alleged breaches of the Code of Conduct and prohibited conduct as contained in the Electoral Act.

External legal firm to safeguard independence of IEC

The Commission’s Directorate operates when the Elections Timetable has been proclaimed. It consists of a panel of independent attorneys appointed to investigate complaints and make recommendations for possible further action to the Commission.

The appointment of an external legal firm is designed to safeguard the independence and the integrity of the Electoral Commission in relation to the investigation of such complaints.

Noting the power and speed of social media, the cooperation with online platforms will help to enable the rapid submission and consideration of any complaints received in relation to alleged disinformation.

Complaints will be considered by a panel of relevant experts including those with expertise in media law, social and digital media. They will make recommendations for possible further action for the consideration of the Commission.

Such action could include:

• Referring the matter to the Electoral Court

• Referring the matter to social media platforms to act upon in terms of their respective policies and undertakings

• Issuing media statements to alert the public and correct the disinformation

Fake news

In addition to the online reporting platform, the initiative will also include the respective disinformation-related policies of the different platforms and information to help educate voters about the dangers of disinformation and how to spot “fake news”.

The social media partners applauded the historic commitment to cooperate with the Electoral Commission and the MMA in the Real411 initiative.

The partners said they have policies and mechanism in place to counter disinformation and would continue to use these as contribution to the collective effort to eradicate falsehoods.

Facebook

“Elections continue to be a priority for us at Facebook. Over the years we’ve dedicated unprecedented resources with protecting election integrity at heart, including our ongoing work in reducing misinformation, supporting civic engagement and increasing transparency in political advertising.

“We’re looking forward to receiving the final framework from the IEC,” said Nomonde Gongxeka-Seopa, Head of Public Policy, Southern Africa at Facebook.

Twitter

“Twitter’s number one priority is the health of the public conversation and we are deeply committed to protecting and supporting election conversations around the world. We recognise the role Twitter plays in political discourse and will continue to ensure that those using the service are doing so in a safe and secure manner.

“Since 2019, we have banned political ads as we believe political reach should be earned, not bought,” said Emmanuel Lubanzadio, the Head of Public Policy, Sub-Saharan Africa at Twitter.

TikTok

“At TikTok, we do not permit misinformation that causes harm to individuals, our community, or the larger public regardless of intent.

“This applies across all content on our platform, irrespective of whether user-generated or paid ads. In fact, we have taken the additional step to prohibit paid political ads as we don’t believe this is part of the experience users come to TikTok for – as the last sunny corner of the internet,” said Fortune Mgwili-Sibanda, Public Policy and Government Relations at TikTok.

“We are supportive of the IEC and MMA’s efforts to combat the spread of non-legitimate information on online platforms in the lead up to the municipal elections.

“We continue to encourage our community to stay up-to-date with our community guidelines and safety centre resources, aimed at making the TikTok experience an enjoyable, creative and safe experience.

“We have also created a special hub on our platform’s Discovery page, where South African users are able to find all the information they need ahead of the elections,” said Mgwili-Sibanda.

“Google’s mission is to organise the world’s information and make it universally accessible and useful. Disinformation runs counter to that mission and, therefore, to our core business interest.

“That is why we invest heavily to counter efforts seeking to deceive, harm, or take advantage of users, and curb the spread of low quality information on our services,” said Charles Murito, Director for Government Affairs and Public Policy of Sub-Saharan Africa at Google.

Source: South African Government News Agency

Whistleblowers to tell their stories

Government Communication and Information Systems (GCIS) Director General Phumla Williams and former South African Airways (SAA) Group Treasurer Cynthia Stimpel are expected to share their whistleblower experiences during a webinar this Sunday, October 24.

The webinar – titled The Lives and Trials of Whistelblowers in South Africa – is the second of a five part series led by the Special Investigating Unit (SIU) which aims to highlight whistleblower and witness protection in the country.

Stimpel blew the whistle on corruption at SAA when she reported alleged potential contractual irregularities between the airline and private company BNP Capital. She was subsequently dismissed from her position.

GCIS Director General Williams gave compelling evidence at the State Capture Commission in 2018 about the alleged capture of the department.

The first webinar held in September, was addressed by SIU head Advocate Andy Mothibi former Public Protector, Professor Thuli Madonsela, and former SIU head Willie Hofmeyr.

The SIU described the webinars as one of the manifestations of government’s National Anti-Corruption Strategy (NACS) which is a blueprint to combatting corruption.

“The NACS has six pillars and one of those pillars emphasize the need to promote and encourage active citizenry, whistleblowing, integrity and transparency in all spheres of society. This approach requires all sectors of society (public, business, civil society, religious and traditional) to play an active role in improving anti-corruption and integrity regulations,” the crime fighting unit said.

The SIU highlighted that whistleblowers and whistleblowing still largely remains one of the greatest weapons to fighting corruption.

“The success of the fight against corruption is largely dependent on whistleblowers who continuously detect and report acts of malfeasance in all sectors of the society. However, the threats and perceived poor protection of whistleblowers remains a big challenge in the fight against corruption.”

Source: South African Government News Agency

SIU to oppose court application to review Digital Vibes report

The Special Investigating Unit (SIU) says it will oppose a High Court application brought by former Health Minister Dr Zwelini Mkhize to review the unit’s findings and recommendations relating to the R150 million Digital Vibes’ Health Department communications contract.

In part, the report alleges that the former Minister:

Personally received undue benefits by Digital Vibes after allegedly influencing the company’s appointment as a service provider.

His son is also alleged to have received large sums of cash from Digital Vibes through third party accounts and had R160 000 paid towards the purchase of a car for him.

Allegedly misleading the President and the nation by denying that neither he nor his family benefitted from the infamous contract.

Allegedly going against a Cabinet memorandum instructing the Government Communication and Information System to drive the National Health Insurance and COVID-19 awareness campaigns for government.

The SIU emphasised that Mkhize’s High Court application would not “suspend the implementation” of the report and neither would it automatically stop proceedings in the Special Tribunal to have the Digital Vibes contract set aside.

This, unless the former Minister chooses to have the Special Tribunal contract review proceedings temporarily halted by way of a stay of proceedings.

“On [Friday]… during a Case Management Meeting held in the Special Tribunal, the Special Tribunal made it clear that the SIU Review proceedings will continue uninterrupted by the… review application to be brought by Dr Mkhize, and that if [the former Minister] wanted to try to stay the SIU Review proceedings, then he would be required to apply for stay of those proceedings, which the SIU will oppose,” the unit said.

The SIU said it is aiming to recover monies lost as a result of the contract through proceedings at the Special Tribunal, “including a total amount of R 22 million that was already frozen by means of a Tribunal Order”.

One respondent in those proceedings has already paid back at least R11 million.

Source: South African Government News Agency