Interim Board Fails - YAQAR

Yet Another Qualified Audit Report!

The embattled owners of the National Broadcaster (the Viewing Public) has been disappointed yet again by the Directorate of the SABC. Earlier this year, an Interim Board was appointed by the President to resolve non compliance issues at our broadcaster. They have however failed to deliver a proper audit report, for the following reasons:

1. The Interim Board is "in the process" of taking the appropriate action regarding the AG’s special investigation on procurement, fruitless and wasteful expenditure and non-compliance with company policies.
   


2. The external Auditors were unable to determine:

a. Whether the various allegations and other matters that are still being investigated have an impact on the financial position, the financial performance and cash flows as disclosed in the financial statements.
b. Whether the disclosure of fruitless and wasteful and irregular expenditure is complete as there has been non-compliance with Section 51 (1)(b)(ii) of the PFMA.

3. From the External Auditor's report:

In accordance with our responsibilities in terms of sections 44(2) and 44(3) of the Auditing profession Act of South Africa, we report that we have identified certain unlawful acts or omissions committed by persons responsible for the management of the SABC which constitute reportable irregularities in terms of the Auditing Profession Act, and have reported such matters to the Independent Regulatory Board for Auditors. The matters pertaining to the reportable irregularities have been described in the reportable irregularity paragraph in the Directors’ Report.

The Viewing Public therefore asks:

Why did the Interim Board - and the Audit Committee Members they seconded at high cost - not do their job?

Finally - a real broadcast professional as CEO

SABC Employees welcome back Mr Mokoetle, and pledge full co-operation with all decisions required - however drastic - to make the SABC a genuine Employer of Choice for us, the SABC Employees who care about Broadcasting.

We request Mr Mokoetle not to waste a moment getting rid of those who are using the Broadcaster for personal power and gain, and to retain those who contribute selflessly to Broadcasting. We can assist to help make this distinction, via our Union Leadership - the Shop Stewards Council.

Viva good labour relations viva!

We further welcome Dr. Ben Ngubane as Chair of the Board - but sincerely hope Mr Cedric Gina will be allowed to prove how real Labour Relations can transform a workplace, and that Mr Desmond Golding will be allowed to complete the long outstanding matters still to be audited.

Cde Rian found guilty on all 4 charges

The DC panel today found our Plant Secretary guilty of:

1. Inciting friction between Top Management (specifically the CPO) and staff

2. Contravention of Personnel Regulation 2(d) - List of Concerns from Organised Labour

3. Misrepresentation of fact (using Corporate Logo without permission) - email asking staff to join unions

4. "Pretending" to be a Shop Steward, while his form was not yet processed by SABC

We find the above quite ridiculous, but quite expected from the well known bias of Alan Visser, Tseliso Leballo and Merlyn Ashen. A leopard never changes his spots, but his day will come...

Debt Collection most Crucial for SABC Survival

We call upon all Comrades in the Audience Services Division to participate in the crucial effort to get back monies that are owing to the SABC - and we are not talking licence fee defaulters now.

We require a shift in focus - if we have to wait for the external parties to come to our aid - it will be too late.

The SABC must save itself. It has the people power to do so.

Here is what we ask:

That the entire Audience Services Division assist with debt collection strategies, from the following debtors:

1. Corrupt managers who have stolen from the SABC.
2. Corrupt managers who have given work to family, friends and lovers.
3. Corrupt managers who have wasted public money via Wasteful Expenditure.
4. Corrupt managers who have hired their friends and girlfriends - at great expense.
5. Corrupt managers who spend their time womanising, instead of working.
6. Corrupt managers who never did anything, knowing the thieves are busy destroying us.
7. Corrupt managers who spend their days in lavish lunches with suppliers.
8. Corrupt managers who get spiked with alcohol, women or golf memberships by suppliers.
9. Girlfriends and friends of the above, who should not have taken a salary for doing nothing.
10. Suppliers who have been bribing the above.

Comrades, we await your offers of assistance, and comments on how you can add your huge potential value to the SABC in this regard. Harrassing old, poor people for a licence fee really is a waste of your immense talents. The Ministry of Communications agree.

My DC

Dear Comrades

I wish to express my sincere thanks to the support I have received from the CWU Shop Stewards Council so far. If we lose this DC, it would be because the panel have been instructed to get me out of top management's way.

Unfortunately, the DC has again been postponed. I apologise to the witnesses Cde Mimi has lined up for me - she and Cde Tommy are doing sterling work in this regard. We shall inform you of the date ASAP. Thanks also to Cde Ben for allowing me as author on this blog.

Please email me on rian.geldenhuys@gmail.com if you too would like to write on this blog.

Please create a gmail account before you do so. I shall forward your requests to Cde Ben, who needs to remain anonymous at this time.

The Magnificent Nine

Hlaudi Motsoeneng, a known victimiser, was fired from SABC in 2008, after investigations against him by the Head of News, the result of a long and hard struggle by unions in Free State.

The unions' joy was short-lived, however, when the shocking Dali Mpofu simply re-instated him, allowing him to run rampant along with the rest of the gang in Bloemfontein. SABC board, after complaints by the unions and Head of News, engaged Mpofu over this clearly illegal cover-up. Mpofu reacted by immediatly suspending the Head of News, and declaring war on the Board.

The board, in its ineptitude, the suspended Mpofu in turn. Both these suspensions were unprocedural, the only procedural one was the one the unions had asked for - that of Hlaudi Motsoeneng, the arrogant and "connected" victimiser.

The "MAGNIFICENT SEVEN":
1. Chief People Officer Phumelele Ntombela-Nzimande,
2. Head of Content Enterprises Mvuzo Mbebe,
3. Head of Group Strategy and Risk Sipho Sithole,
4. Legal Services Head Thabang Mathibe,
5. Public Broadcasting Services head Thami Ntenteni,
6. Acting chief operations officer Charlotte Mampane and
7. SABC spokesman Kaizer Kganyago.,

All proceeded to protest illegally against the board, and started a smear campaign the likes of which has never before been seen. All for Hlaudi and Dali.

Mkhonza commissioned a consultant to conduct a probe into the actions of the seven executives.
The report gave the green-light for action to be taken against ALL SEVEN. The report says the conduct by the executive managers involved was disruptive in the operations of the public broadcaster. "This action by these managers is in contravention of the National Key Point Act application to the corporation. This suggests that these managers are a threat to the SABC as per the provisions of the National Key Point Act. The behaviour of the seven executives to mobilise and defy the board's directive(s) during the suspension of (Mpofu) is serious and tantamount to misconduct. It encourages ordinary employees to mobilise or revolt against the highest competent authority, the board. "The outcome may be the dysfunctional and ungovernable SABC culminating in the loss of confidence by (the) public in the public broadcaster. The board may consider inviting the (police) Crime Intelligence (unit) together with the (National Intelligence Agency), to conduct screening of certain employees who may pose a threat to the SABC in terms of the National Key Point Act.

Here is the question:

WHAT MAKES THEM UNTOUCHABLE? WHO ARE THEY CONNECTED WITH? WATCH THIS SPACE.

R200m bailout a waste of taxpayer's money

We are very concerned that instead of seizing the assets of the people who are being investigated, government decides to use taxpayers money to cover up the fact that the thieves and wasters must return the money.

The extreme reluctance of the Interim Board Chair to do this, means that she too is wasting taxpayer money. Law dictates that all instances of alleged fraud must be investigated by SAPS and the assets forfeiture unit must safeguard those assets.

It may be time to mobilise - as it is the only proven way.

Please comment

Unconstitutional SABC rule

Kindly note that after extensive consultations with our legal teams, and in light of the recent ruling on "source protection" SABC vs Sunday Times, we declare SABC personnel regulation 2 unconstitunional, in where it is abused to prevent protected disclosures and disclosures to the shareholder and public.

Not Enough!

Robin Nicholson, Mvuso Mbebe, Anton Heunis and Mabela Satekge have been asked to supply reasons to the interim SABC board why they should not be suspended.

A senior insider sympathetic to the four said the allegations against the executives would not "stick" if placed under scrutiny of the Public Finance Management Act. It is understood that a particular source of frustration for some of those in the firing line is that the auditor general has selected certain allegations to pursue while ignoring others.

The executives claim they had to find ways to deal with new technology and be 100% compliant after the SABC threw out its old accounting system and replaced it in 2007 with SAP.

They are understood to be objecting that they were not given a chance to read the auditor general's report or defend themselves before it was released to the media. They now believe they are the victims of "a trial by media", in violation of their rights. Nonsense - their replies were in the report!

The SABC reported a financial loss of R839-million for the 2008/09 year and has asked the government for a R2-million bailout.

Nicholson has so far survived purges. But as the subject of five major investigations and 130 complaints during his term of office, he is known to be under heavy stress. He declined to comment on the latest controversy. "I will not comment on personal matters or my contract with the SABC," said Nicholson. "What I can say is that nobody has been suspended."

The auditor general found many instances of inadequate financial controls, including:
Nicholson signed an agreement with a consultant to provide services in connection with SABC's asset and liability risk management committee. The consultant was paid past the expiry of the contract and no evidence was found that quotations were invited during the procurement process, or of a competitive process.

The same consultant proposed its services as a debt originator and the SABC was invoiced for services rendered to the value of R100 000 in April and May 2009, without a signed contract. Nicholson accepted the proposal without following the correct processes, according to the auditor general.

The SABC entered two management consultancy agreements with a service provider at great cost. One was to develop and implement a "communication plan for the office of the chief financial officer" for a 12-month period. The contract for the period July 15 2008 to July 2009 was worth R1.15-million.

The same consultant invoiced the SABC for professional services rendered to the broadcaster's financial control division for "transition management" for the period January 2008 to September 2008. The cost was R1,2-million. No agreement could be submitted for the professional services rendered.

20 employees were directors or members of 20 companies or close corporations which had received payments from the SABC to the amount of approximately R3,4-million, which was a contravention of the SABC's group supply-chain management policy.

According to the auditor general, a legal firm appointed to conduct a forensic investigation of programming concluded in August 2009 that there were irregularities of some R111,7-million relating to double payments, overpayments, material paid for but not received, agreements that had to be renegotiated and programme titles acquired more than once from the same supplier during the same licence period.

The PFMA directs that those transgressions, and others, were to be reported to SAPS, both by Internal Audit, and the GCEO (Acting). That was not done, which is a transgression of law.

Ministry to Babysit EXCO

The board will immediately act on all the AG's findings on HR and wasteful expenditure at SABC - by instituting legal /criminal proceedings against perpetrators.

It is in full agreement with AG that the underlying causes have been:

• Lack of quality reporting, governance arrangements and leadership oversight
• Inadequate monitoring and oversight by the leadership of the SABC
• The creation of an environment where "the tone at the top" is “inappropriate”.
• A culture where management is not focused on public accountability or acting
  in the best interest of the SABC".
  

Some Findings:

• At least 34 employees were suspended for an average of 10.4months - in some cases for up to 39 months - on full pay, at a cost of R8.3-million
• 7 tenders awarded for an aggregate amount of R174-million were NOT approved by the appropriate levels stipulated in the delegation of authority framework.
• 20 employees at the broadcaster are directors or members of companies that had received payments from the SABC to the amount of R3,4-million.
• 2 contract awards amounting to R8,4-million and R8,2-million, were not approved in accordance with the DAF.
• The former CEO entered into a material agreement for R326-million with a consultant in September 2006, even though he did not have the authority to do so.
• No corrective action had been taken by EXCO to address deficiencies in the acquisition of international program content, despite the advice of a forensic investigation in August 2007.
• Irregularities of R111,75-million relating to:
• Double payments
• Overpayments
• Material paid for but not received
• Agreements that had to be renegotiated
• Program titles acquired more than once, from the same supplier.
• Concerns and detailed findings were brought to the attention of the Acting group CEO in September 2008, but NO corrective actions were implemented!
• R11,3-million was paid to a private travel company (instead of SABC Travel Office), in contravention of the SABC's travel policy.
• SABC board members and Execs who travelled with their partners to the Olympic Games were liable for tax arising from the fringe benefits in terms of the Income Tax Act - however, payroll was not notified of the benefits so did not levy the tax to execs or board members.
• An "environment where management and those responsible for oversight were perceived as being indecisive" and contributed to an organisational culture of "impunity".

THE MINISTRY OF COMMUNICATIONS WILL:

* Conduct a thorough assessment and clearly define roles of and the authority allocated to executive and/or senior managers.

* Review Human Resource policies and implementation thereof.

* Review benefits applicable to management in particular and staff in general.

* Review policies governing the involvement of employees in private business activities.

* Requesting monthly management accounts from the SABC.

* Active and permanent shareholder participation in the various committees of the SABC board, i.e. Risk, Audit and Internal Audit Committees.

* Ensuring that all major decisions, financial or otherwise, have the full approval of the Group Executive Committee, the Board of Directors and the Shareholder.

* General compliance with the Public Finance Management Act (PFMA).

* Require monthly operational reports to monitor implementation.

* Conduct a need analysis of SABC channels to determine the type and amount of content they require.

* Monitor the implementation of the local content quota and conduct a thorough assessment of the need for and the acquisition of international content and ensuring that content is used.

CALL TO ACTION:

Please assist the Ministry in understanding the reasons it took such a long time for this sad state of affairs to surface.

The Ministry of Communications will thoroughly scrutinize previous reports of the Auditor General and SABC internal and external auditors.

* * PLEASE CONTACT THE MINISTRY IF YOU ARE AWARE OF ANY OLD REPORTS THAT HAVE BEEN SUPPRESSED BY EXCO AND HR. * *

Where transgressions are found to have been committed (especially covering up), law enforcement agencies will move swiftly in bringing the perpetrators to book.

Ministerial Statement:
The SABC is a crucial institution of our democracy and everything should be done to save it from further ruin. It is the main and reliable source of information and entertainment services for the public, particularly the needy, providing broadcasting services to 24 million people on a daily basis.

We are encouraged by the conclusion of the process of selecting members of the SABC Board, pending the ratification of the recommended candidates by the President. We believe that this is a major milestone that will undoubtedly create an enabling environment for the efficient implementation of the recovery measures for the SABC.

We are equally grateful for the sterling work done by the interim board since it took office almost three months ago under challenging conditions.

PS: Mr Minister - why not thank the Shop Stewards? Surely their personal sacrifices (without expectation of reward) to expose this rot should count for more than the unhelpful "Interimmers"? - who has done nothing to put a stop to whistleblower victimisation?

Joyous News!

The SABC Board has a unionist! At last, the People of South Africa has Hope for Empowerment (real and genuine Empowerment). Now, EXCO must be swopped for real human beings as well. Viva the People's Broadcaster Viva!

High Salaries Attract Parasites

We call upon Parliament and Board to attract dedicated management to the National Broadcaster.

There is a way that dedicated people with a genuine passion for broadcasting will come work at the SABC, and through which the parasites, who care nothing for Public Broadcasting, will hopefully leave the cash cow.

Remove the obscene cash incentive. Let Good Broadcasting be the attraction - not easy money.

Cut EXCO salaries. They are obscene. Obscene salaries attract only obscene fat cats.

The last dedicated DG (CEO) we had was appointed in January 1994, at a salary of R169,000. The CPI in January 1994 was 40, compared with 2008's 100.

That means a (2008 equivalent) salary of R442,000-00. Advertise the CEO position at 10% more than that (2009 increase) - R486,200-00 - and you will be guaranteed to attract a dedicated Public Broadcaster.

It would mean reducing the GM, CE salaries to somewhat below these levels as well. Those who are here just for the money, must then go find another job.

Highly skilled specialists are willing to work for R250k - R350k. Why can't the Top 150 do the same? The savings will be enormous - around R50m per year! And broadcasting will be done with love and care.

Viva CWU Viva!

1016 members!

Commercial Enterprises = 118 members
Content Enterprises = 98 members
Group Services = 103 members
News = 338 members
PBS = 101 members
PCS = 29 members
Regional Ops = 32 members
Technology Division = 197 members

Auckland Park = 718
Limpopo = 57
Eastern Cape = 52
Pretoria = 48
Western Cape = 37
Kimberley = 32
Bloemfontein = 21
Mmabatho = 19
Nelspruit = 17
KZN = 15

Comrades, with a bit of more work, we can become 50%+1 soon. Let us explain to all non union members how important that is.

Vocal Shop Stewards and the price they pay

Even while S&M Shop Steward and CWU Provincial Gender Co-ordinator, Janine Murison, tirelessly fights for justice and principle in court, almost every shop steward who questions management's exploitative pratices, gets victimised by SABC Management. Please comment on suggestions on how to put a stop to this.

Cde Rian's DC

Charges
- Inciting friction between Staff and Top Management
- Sending "Information" about Top Management to Parliament
- Sending an e-mail asking all staff to join unions, on a "corporate template"
- "Enjoying" the rights afforded to a Shop Steward, while not being one

Panel
- Alan Visser (has fired more than 20 people - most cases disputed at CCMA + Labour Court)
- Tseliso Leballo (has fired many people - also disputed)
- Merlyn Ashen - HR (Sport, at which CWU members have received bad HR service)

Tommy has disputed the panel chair (Alan Visser) as biased, due to previous experiences with him. CWU now declared a dispute over the interpretration of the Disciplinary Code clause that says a panel must "be seen to be as objective as possible"!

The CCMA shall soon provide us with a date. It is high time that the SABC learns to stick to it's own rules. We undertake to defend the mandate we were given to protect out Shop Stewards!

The hearing will continue on 2 September. It looks like it may stretch for months. There are many witnesses. We need also to line up our own witnesses soon. Please contact Tommy, Billy, Mimi or Aaron if you have had any matter dealt with by Cde Rian in the past 2 years, so you can be added to the witness list.

You have the right to unionise and to fight stupidity.

2010 Negotiations to start Now

Comrades

82 per cent have voted that salary negotiations must start early, and 64% said we must declare disputes early (as they arise). The 2010 negotiations must be fully concluded by 14 March, on which day the salaries for April should be loaded.

In light of this, parties must have concluded all Bona Fide negotiations by 12 February, in order to leave the 30 days required by law for dispute resolution. Note that - as we speak - budgeting is being done for next year.

In October, an independent arbitrator will rule on the agreements the CWU made with SABC regarding housing subsidy, car subsidy, post retirement benefits, canteen subsidy, gym allowance, bursaries, leave, and other substantive matters.

We should be ready to defend these - and for that, we need a powerful bargaining lobby. Recruit, comrades, recruit! The CWU (at 2008 CEC) aims to enter into agreements with smaller unions, to extend bargaining power.

We need to bring "freelancers" on board post haste - as we believe most freelancers are actually full time employees. The SABC should be forced to process 900 scale dues as well, and include this very important group in our bargaining unit. UASA has signed up 100's of freelancers already - there is no reason we can't do the same.

Please comment - let us get this going - waiting for next year will be a mistake.

SOS Campaign Board Nominations

The “Save our SABC” Campaign representing a number of trade unions; independent producer organisations; a host of NGOs and CBOs; and a number of academic and independent experts have nominated the following people:
COSATU: Kid Sithole, Cedric Gina, Jane Barrett, David Niddrie, Peter Harris, Ben Ngubane, Barbara Masekela, Felleng Sekha, Desmond Golding, Nono Simelela, Yasmin Sooka, Brenda Madumane, Clifford Motsepe, FEDUSA: Prof. Bucker, FXI: Dave Lewis, Ahmed Bawa, Peter Harris, Felleng Sekha, William Gumede, Devan Pillay, John Matisonn, Tanja Bosch, Janine Moolman FXN: William Gumede, Mazibuko Jara, CWU: Jane Duncan CWUSA: Kid Sithole, Dumisani Mphatsoe IPO: David Lewis, Ben Ngubane, Barbara Masekela, Isaac Shongwe, Suzanne Vos, David Niddrie MMA: Lumko Mtimde, Misa- SA Yasmin Sooka, Jeanette Minnie, SA Screen Fed.: Ben Ngubane, David Lewis, Barbara Masekela, David Niddrie, Suzanne Vos, Devan Pillay, Peter Harris, Jane Barrett.

The Coalition broadly supports these nominations. However, we plan to meet in the near future to discuss the nominations in more detail. Also, a number of our members have not as yet submitted their nominations. We would like to include their input. Finally, the Coalition would like to see the full list of names submitted to Parliament. We request that you make this available to us. We may want to include a few further endorsements of nominations made by other organisations. Thanks for your assistance.


Yours sincerely


Working Group: Save our SABC Campaign

Post Mortem

Dear Members

The courage of CWU and MWASA members in defending their mandate was second to none! The SABC is now already a much better place to work than a scant few months ago. Rule by fear and division is on the decline, and Worker Unity on the rise. Viva!

For now, because so much time has passed, we have to temporarily end the suffering of so many families due to shockingly low salaries. Our leaders have rightly now been mandated to take what is being offered for the time being, without prejudicing our rights.

Here are the methods used by the SABC to fatigue our members into signing:

1. Gross and illegal short payment of 12.2%, causing mounting debts, as food inflates 16%.

2. Neglect by all to consider a scientific strategy of Closing the Wage Gap.

3. Illegally taking away the right to do extra work for other departments to make ends meet.

4. Illegally stopping selling of leave.

5. Dishonoring an agreement made 3 years ago to increase housing, food subsidy, gym subsidy and much more.

6. The members dedication to providing the public with continuous service, even under the most trying conditions.

It was a long, hard fight, and we made BIG gains.

We could have fared better had we prioritised our relationship with other unions and freelancer organisations, as they did manage to keep some services going in the short term. We have no doubt that a longer period of witholding our labour would prove that the SABC can not do without us in the long run - we are specialists in what we do.

That is proven by how hard we currently work to catch up, and fix the mess the freelancers made in just two days.

EVEN BETTER NEXT YEAR:
We ask that a better way forward be vigorously debated here, so that all the reasons for this years no-so-good result, not be repeated next year.

Please do not hold back - it is better to debate sensibly here than on the SABC corporate e-mail.

Please encourage all members to join this debate - it is essential that we all learn from mistakes of the past, and build a better future for all of us, strenghthened by experience. VIVA!

Please make constructive comments, and use the voting facility.

Make ALL the selections FIRST - then only press "vote" (YOU ONLY HAVE ONE VOTE) - to show what you think will work next time round.

SABC Negotiators Fail to Hear Reason

The Top Level CWU Negotiations Team today has made some scientific, well-considered and affordable suggestions to the SABC to broker a deal our members could live with.

Considering what the SABC is asking the honest, hard working members of CWU to do:

1. Live with the fact that personal debts keep mounting up while the SABC saves a bit of interest payment by witholding the worker increment. Workers must pay interest on more expensive credit each day - that's reality.

2. Ultimately, to agree to (meekly) bear the consequences of money wasted by an irresponsible and uncaring management team, by accepting a 2.2% drop in salary.

3. Forget that a R400 per month increase housing subsidy was promised in 2006 already, but not yet implemented 3 years later.

4. Forget that the Post Retirement Benefits should have been re-instated.

5. Forget that only friends and hired girfriends of management has received any promotions and increases in the past 10 years. Obscene promotions, and obscene increases. Suspending only two perpetrators is only a drop in the ocean

6. Forget that people who have no idea how to provide information, education and entertainment to the public, cost the public 7 figures annually - EACH!

7. Forget that the people in the paragraph above, employ several hired "girlfriends" each, who do little more than entertain the boss - at great cost to viewers and listeners - in staff morale and money.

7.1 Collectively, each of the abovementioned fat cats cost the public around 5 million each per month, for themselves, their lifestyles, their unecessary first class travelling, 5 star hotels, fancy food, and their paid young "girlfriends" who provide nothing but carnal favours.

7.2 Arrogantly, even though all and sundry calls for their suspension and investigation, they keep wasting these funds.

Comrades, we will meet on Friday for a way forward. The time has come to decide whether those that have been allowed for so long, to milk our beloved Public Broadcaster dry, should continue to be allowed to do so. Taking away R500 per month each from them in DSTV allowances just does not seem enough of a measure. The Board is wrong to expect us to carry this heavy burden for them. We insist the Board undertakes to pay us our money and our interest - or a settlement figure that makes sense. R2000 a month for the 1000 CWU members is a reasonable and acceptable figure - at justR24m (a hundredth of the salary budget), it is less than what is spent to maintain just 25 of the young "girlfriends". It is time some learn that public money is not there to pay for their carnal pleasures, but to retain real, honest, and hard working broadcasting specialists, like us.

Please attend the meeting on Friday - prepare to defend what is right.

CWU member Proposal

The members of CWU have full confidence in our President, who is heading up our team to get the best possible deal for us. The SABC has now realised how important we are as workers.

The moment we receive news, we shall post it here. Keep checking in, comrades.

We have been informed that the negotiations are going very well - our struggle will pay off, comrades. Well done!

1. OBJECTIVE
1.1 To secure the annual general salary adjustment for unionised employees in the Bargaining Unit for the financial year 2009/10, and to secure the SABC's ability to meet its obligations.

2. SCOPE OF APPLICATION

2.1 This agreement will be applicable to Employees who are Members in good standing of Communication Workers Union, within the bargaining unit (scale codes 300-409 and 600).

2.2 The scope of this agreement excludes scale code 900 employees, on condition that they are certified as Bona Fide Ad Hoc Freelancers.

3. SALARY ADJUSTMENT

3.1 CWU members in the bargaining unit will receive ten per cent (10%) salary adjustment across the board (ATB) for the financial year 2009/10, back paid to 1 April 2009 with interest calculated at 10%p.a.

3.2 The referred to salary adjustment and interest payment will be effected within five (5) days of the signing of this agreement.

3.3 A further 2.2% increase, backdated with interest, to 1 April 2009 shall be paid to CWU members by latest 31 January 2010, or soon as the SABC has secured a bail-out package from Government or overdraft facility to enable the payment. The CWU undertakes to assist the SABC in regaining credit health, by supporting a full scale effort at recovering all funds lost due to wasteful expenditure. See 6.4 - 6.7.

4. DATE OF IMPLEMENTATION

4.1 This agreement shall come into effect on the date of signature hereof and shall remain in force until 31 March 2010, unless otherwise agreed to by the parties hereto in writing.

5. STATUS OF AGREEMENT

5.1 This agreement supplements the outstanding agreements previously made on substantive issues.

6. FURTHER AGREEMENTS

The SABC undertakes to:

6.1 Extend the petrol / garage card benefits currently enjoyed by senior management to all CWU members in the Bargaining Unit.

6.2 Extend the DSTV allowances currently enjoyed by Top & Senior Managers to all CWU Members in the Bargaining Unit.

6.3 Equitably make available Newspapers to all employees - no individual deliveries.

6.4 Fully support and comply with the investigation currently being conducted by the Auditor General, but to add 2 extra people on the team:
- 6.4.1 An auditor of the CWU's choice, as well as
- 6.4.2 A democratically elected Trade Union Representative.

6.5 Request the team in 6.4 supra, to review all cases of CWU Shop Stewards who engaged in Collective Bargaining with their management, and was subsequently fired, suspended or disciplined by that same management, with the goals of:
- 6.5.1 Reversing the adverse effects on SABC of such victimisation / silencing, and
- 6.5.2 Making those Shop Stewards and members available to contribute to the investigations.

6.6 Make available to the public, the Shareholder, the Board and the CWU, for inspection, all audit recommendations for the past 10 years, both internal and external.

6.7 Sue and criminally prosecute, where applicable, all employees who is suspected of having fruitlessly and wastefully spent the SABC's money.

6.8 The Team in 6.4 supra, shall transparently, on the last working day of each month, report the progress of wasteful expenditure recovery to the CWU, in order for it to be informed at what point the SABC has the extra R20million to cover the 2.2%.

6.9 If by 1 December 2009, the team in 6.4 supra has not been able to recover at least R20million, the short payment shall then be referred to the Shareholder on that date.

6.9 Re-instate selling of leave with immediate effect, even if the amount of leave days sold is limited to 3 days a month at first.

Questionable agreement

CWU, MWASA and many disgruntled members of an individual (????????) - who believes same individual used unconstitutional, secret, and unmonitored "SMS voting" as a tool to protect a corrupt management - strongly objects to the opportunism in clause 6.2 especially, as well as over the legality of the so-called "SMS" mandate, for which there are no constitutional grounds. We call on all members who used to be fooled by this undemocratic individual to join real unions with definite, legal, and constitutional collective bargaining records.

Here is the "agreement".

MEMORANDUM OF AGREEMENT ENTERED INTO BETWEEN
THE SOUTH AFRICAN BROADCASTING CORPORATION LIMITED
( HEREINAFTER REFERRED TO AS "THE SABC" )
AND
???????

1. OBJECTIVE

1.1 To provide for the annual general salary adjustment for employees for the financial year 2009/10.

2. SCOPE OF APPLICATION

2.1 This agreement will be applicable to:

2.2.1 Employees who are employed by the SABC falling within the bargaining unit (scale codes 300-409) and those employees appointed in terms of fixed term contracts (scale code 600) falling within the bargaining unit;

2.2.2 Who are members in good standing of ??????; and

2.2 The scope of this agreement excludes employees employed in terms of fixed terms contracts (scale code 900 ).

3. SALARY ADJUSTMENT

3.1 ??????? members in the bargaining unit as referred to in clause 2 above, will receive eight point five (8.5) % (percent) salary adjustment across the board (ATB) for the financial year 2009/10 and back paid to 1 April 2009; and

3.2 The referred to salary adjustment will be effected within five (5) days upon signing of this agreement.

4. DATE OF IMPLEMENTATION

4.1 This agreement shall come into effect on the date of signature hereof and shall remain in force until 31 March 2010, unless otherwise agreed to by the parties hereto in writing.

5. STATUS OF AGREEMENT

5.1 The parties furthermore agree that this agreement will constitute an amendment to the provisions of the Multi Term Agreement dated 8 July 2008 and therefore does not impact on the validity of the provisions of the Multi Term Agreement referred to above in any other manner.

6. FURTHER CONDITIONS

6.1 The parties furthermore specifically agree as follows:

6.1.1 The demand from ??????? for an additional one point

five (1.5) % salary increment to be effected, is subject to SABC

Board feedback in this regard and same will be given to ??????? on Friday 31 July 2009;

6.1.2 That the parties will negotiate on how the remaining two point two (2.2) % salary increment could be utilised in respect of ???????? members.

6.1.3 That the SABC agrees to follow process to:

6.1.3.1 Scale down the petrol card and maintenance of car expenses of Top & Senior Managers;

6.1.3.2 Scale down on DSTV allowances for Top & Senior Managers to employees that really need it for the execution of their duties;

6.1.3.3 Scale down on free newspapers for Top & Senior Managers to employees that really need it for the execution of their duties;

6.1.3.4 Review the processes mentioned in 6.1.3.1 to 6.1.3.3, on an ongoing basis, with a view to restoring or phasing out the benefits completely, subject to the financial well being of the SABC and the availability of funds.

6.1.3.4 That the SABC will take immediate action in terms of the Public Finance Management Act to sue and to criminally prosecute, where applicable employees guilty of fruitless and wasteful expenditure including fraud, theft and other unauthorized financial losses.

6.1.4 That the investigation currently being conducted by the Auditor General to continue to its logic conclusion and that the parties will at all times co-operate in this regard. All outstanding Internal Audit Reports will also receive management’s urgent attention and action;

6.1.5 ?????? agrees to provisionally withdraw the dispute referred to the CCMA in respect of the salary increases which has been set down for 12 August 2009. Should the SABC be in breach of any of the clauses of this agreement, the parties agree that ??????? may re-enroll its dispute for arbitration as per the current referral to the CCMA for arbitration;

6.1.6 Should the feedback from the SABC Board be that the SABC will not effect a further one point five (1.5) % then BEMAWU has the right to proceed with its dispute set down for 12 August 2009 at the CCMA to effect the full twelve point two (12.2)%.

6.2 Should any other employee receive a better increase or better conditions as reflected in this agreement, those better increases and/or condition(s) will be extended automatically to ??????? members as well.

7. INTERPRETATION AND APPLICATION

7.1 In the event of any conflict between the provisions of this agreement and any other agreement, the provisions of this agreement shall take precedence; and

7.2 No amendments to this agreement shall be in force unless reduced to writing and signed by the parties.

8. DISPUTE RESOLUTION

8.1 Should there be a dispute about the interpretation or application of this agreement, any party may refer the dispute to the Council for Conciliation, Mediation and Arbitration (CCMA) for adjudication.

Disrespectful SABC now feels the brunt of Worker Frustration

Our members (Communication Workers Union) in both Telkom and SABC has run out of patience and have requested their national leadership to allow them to bring forward the Strike Programme of Action against these two employers.

As a result of this legitimate frustration, CWU members in the SABC will be “Staying Away” from work on the 29th and 30th of July 2009, countrywide. Our leadership welcomes this show of militancy and worker control principle by the members of our organisation.

The two day stay away will be followed by other forms of industrial action from the beginning of August 2009 till the SABC respect and implement the multi-term salary agreement.

CWU and its members are determined to force the “Public Broadcaster” to respect agreements and to priorities workers plight to win back the much needed loyalty and dedication the employer need from its employees.

Prepare for 11 August March - joint Telkom and SABC

THE PROGRAM OF ACTION AGAINST SABC & TELKOM
Actions will include “picketing”; “go slow” and “overtime ban” from the 29 July 2009 till the 10th August 2009. On the 11th August 2009, CWU’s members will embark on national marches to submit memorandums to the SABC and Telkom respectively.
The union will then embark on the next phases of the protected strike action, which will include national “stay aways” and other form of action.

Khanyi Mkonza - Former Board Chair Open Letter (Times)

To accuse the outgoing board of bringing the curtain down on the SABC shows lack of insight. People find it convenient to fault my board without looking at all the things we did to lift the lid on a lot of rot and to expose the rampant looting of resources by several people.
SABC employees and organised labour played a significant role in this exposure. Had the parliamentary committee on communications played its oversight role properly, it would have been alert to the fact that we averted a deficit budget last year.
While we argue, the SABC continues to lose its status as one of the leading and possibly the only true public broadcaster on the continent.
In the midst of major political upheaval against my board, we exposed a lot of wrongdoing at the SABC.
I consider members of the outgoing board to be very courageous leaders, as no one without courage could have stood against the pressure that we faced in the last 18 months.

1st AGM of SABC Employees Forum Announced Soon

The Working Committee of the SABC Employees Forum will soon annouce the date and place for its 1st AGM.

For now, please comment below with nominations for Chair, Dep Chair, Secretary and Treasurer.

Vision
Free and Sustainable Broadcasting for All

Mission
To unify all persons who add value to broadcasting in a professional manner

Values
Honesty * Professionalism * Freedom of Expression * Responsibility

IMPORTANT NOTE: This unity initiative in no way undermines any of the unions! SEF encourages all employees to join one of the unions at the SABC! We support a Closed Agency Agreement, where non union members should pay fees to the Bargaining Forum, to eliminate free rides.

Please do not resign any union membership in favour of SEF, a Professional Society for Public Broadcasters. We try not to "confuse" union leaders.

The largest union (CWU) actively seeks alliances with other unions. Together, we all care about the same thing: Proper recognition for valuable public broadcasting professionals.

SABC Board Member Nomination Deadline 14 August

Dear SABCers - please nominate people you know will ensure we have a sustainable, free and honest workplace in the future. Please submit CV's of Board Members to Noluthando Skaka at nskaka@parliament.gov.za

SABC can be Great again

SABCers congratulates Special Assignment for proving the SABC is indeed capable of making a difference.

Harare, 19 July 2008 - C/Insp. Cuthbert Mandere defied a court order instructing him to investigate allegations that D/Insp. Moyo of the Gwanda Law and Order section heavily assaulted Bhekinkosi Nkomo (28) and Sayanai Muchechese (26) of Beitbridge Prison.

The two Prison Officers were accused of smuggling Special Assignment reporters into Beitbridge Prison, to produce a documentary about conditions in Zimbabwe’s jails that showed prisoners suffering from severe malnutrition.

Nkomo and Muchechese were immediately charged with contravening the Official Secrets Act, but the charges were dropped for lack of evidence. Nkomo and Muchechesi then made a complaint to the court saying they were badly assaulted by Moyo.

The Court ordered C/Insp. Cuthbert Mandere to investigate the charges against Moyo, which he neglected to do. He has now been charged with Contempt of Court. The tide of justice in Zimbabwe is finally turning, all thanks to a group of brave reporters whom we are proud to call our colleagues.

Time to prove who keeps the SABC running

It is a proven fact that the SABC runs like a well-oiled machine at night and on weekends - without top management! The time has come that they now try to run the machine on their own.
The ultimatum period has passed - without positive answers.

We have seen no indication that top management is trying to cut its own costs, and the SABC continues to lose around R100 million each month.

There is therefore no choice but to prove that it is the Broadcast Workers and Caring Managers that keep the SABC going.

Not top management, their friends, expensive girlfriends, and their friend's expensive girlfriends. We insist that the SABC implements the only solution left to it. Cut expenditure, and stop the waste by suspending and investigating the wasteful managers.

Only then will we return to work and get our beloved SABC running again - better than ever!

Open letter to SABC Board Chairperson

Dear Ms Irene Charnley, Interim Chairperson of SABC Board

Kindly note that this is written to you on behalf of, and mandated by, the majority of unionised employees at the SABC, whatever their affiliation. Our administrators have included a confirmation widget for members to visibly confirm this letter.

Yesterday's march, attended by half of the union members at Auckland Park (we have an exact count, using our photos), with the other half caringly keeping our critical services going, to minimise financial impact. Should we have asked them to join us, it might have caused a break in transmission, and we did not want that right now.

IMPORTANT NOTES:

• COSATU, FEDUSA, CWU, CWUSA, FXI, SOLA, TVIEC and others in the SOS Coalition has made it clear they do not endorse the new Interim Board, until further notice, and particularly because their nominees was ignored by a very hasty Parliament.
• The above means that the conduct of each board member will be monitored closely by the Shop Stewards of the above, as there is no clear endorsement from our federations.
• We fully realise that you were a practiced and skilled negotiator with the National Union of Mineworkers, another COSATU affilliate. This in no way should lead you to believe your conduct will now be under less scrutiny than that of any other board member.

OUR SERIOUS CONCERNS (The Unionised Staff of the SABC)

We are seriously concerned over the following events of the past two days:

1. Our chosen point of contact, the secretariat of the CWU Head Office, wrote a letter to the SABC, responding to an invitation for a meeting with your good selves.
2. The response politely, but clearly, declined your invitation, as it was on very short notice.
3. Notwitstanding this, the SABC still deemed it fit to invite some union members and junior officials to the meeting with you.
4. We now state, without ambiguity, that the two meetings you've had (with what the SABC may now describe as "with the unions"), was in fact unprocudural.
5. It's our understanding that the members that did attend, were there for information purposes only.
6. This perturbs us. You repeated to them the same words that the SABC EXCO have repeated to us Ad Nauseam for such a long time: "We only have 8.5%."

We are now very concerned that you seem not to understand us. Please therefore allow us to make ourselves very clear:

We know the SABC only left 8.5%" in our Salary Account.

We want the rest of our promised 12.2% to be returned by the individuals who removed it from our Salary Account.

They had NO right to raid our Salary Account. It is a worker's most treasured right - to be paid his agreed upon salary. Anything less is clearly frowned upon by the law authorities - so much so that heavy fines are imposed for short payments.

No amount of "economic hardship" can justify anyone taking money out of a worker's Salary Account. It is as taboo as robbing a grave.

We've allowed the SABC to open negotiations on this matter. In the interests of Good Faith bargaining, we've levelled a simple request - please safeguard our Salary Account for the future.

This would mean suspending all those who are suspected of having squandered the money in our Salary Account, to be investigated and procedurally charged - using the existing Audit Reports. If needed, they must be procecuted, and their assets attached for return of the money to our Salary Account.

Up to date, we have had no success with EXCO to get this legal request to ensure Good Faith bargaining fulfilled.

We now call upon you to please not meet with junior officials on an Ad Hoc basis.

Our elected Official point of contact is Comrade Gallant Roberts, the General Secretary of the Communication Workers Union.

Kindly extend a proper invitation to him - with a proper time period allowed - to enable us, via the CWU Secretariat (which has been democratically elected by us to co-ordinate) both at this plant and at the CWU HQ, to consolidate our agenda points properly.

We aim to input constructively, with the aims of safeguarding not only the future of the SABC, but the entire Broadcast Industry, which employs around 100 000 people.

The meeting, when it does happen, promises to clarify many things that have been muddied by haphazard meetings at short notice.



Our position remains one of Good Labour Relations

The Unionised Staff of the SABC, via the hand of the CWU Secretariat.

Nominations: Appointment of SABC Board Members

The Portfolio Committee on Communications invites the public to make nominations for the appointment of 12 non-executive members to the Board of the South African Broadcasting Corporation Limited, in terms of the Broadcasting Act (No 4 of 1999).Requirements: Members of the Board, when viewed collectively, must be persons who:

Are suited to serve on the Board by virtue of their qualifications, expertise and experience in the fields of broadcasting policy and technology, broadcasting regulation, media law, business practice and finance, marketing, journalism, entertainment and education, as well as social and labour issues

Are committed to fairness, freedom of expression, the right of the public to be informed, as well as openness and accountability on the part of those holding public office

Represent a broad cross-section of the population of the Republic

Are committed to the objectives and principles as enunciated in the Charter of the SABC.

Written nominations must contain:
The full name, address and contact numbers of the person or organisation making the nomination
A signed acceptance of the nomination by the nominee
A Curriculum Vitae of the nominee, providing the following information:
- Full name, ID number and gender - Latest address, contact and fax numbers- Previous experience, quoting dates and organisations or institutions concerned - Academic qualifications.Appointment process: The Committee intends to short-list candidates, conduct interviews and present its findings to the National Assembly for recommendation to the President.Nominations can be emailed to Noluthando Skaka at nskaka@parliament.gov.za by no later than 31 July 2009 before 12: 00 noonEnquiries: Tel. (021) 403-3751Issued by Mr I Vadi, MP: Chairperson: Portfolio Committee on Communications

Guess who said this?

"Our policy is to reform, but we are not prepared to abdicate".

OK, so no one got the answer. It was Pieter Willem "PW" Botha, just 3 months before he and his opressive regime was toppled.

Let us hope don't have to wait so long...

K1 Auditorium, Monday 12:00 - 13:00

Kindly alert all union members that we will attend a feedback and way forward meeting on Monday, 13 June, at 12:00, in K1 Auditorium. Should there still be a need to picket at 13:00, we shall then do so. Should there no longer be a need, we shall celebrate over lunch.

We thank Hannes from Bemawu for the update as follows:
Management officially tabled the following offer with the delegates:

Scale 405-409=10,25%,
401-404=9,75%,
300=9,25%
all backdated to 1 April.

We have no information regarding our demand for safeguarding our salary account (for next year and the year thereafter).

That can only be achieved once the existing forensic audit reports are acted upon. We see at least some in News Department have finally been considered serious enough by management to suspend those under investigation, at SABC News International. It means the staff there will be less fearful now, and a deep investigation may now proceed peacefully.

Ben's personal opinion (please comment on this):
In principle, a small gesture towards closing the wage gap is always welcome in any Labour Movement, as it is an International Labour Principle. However, it should be noted that for an average 404 employee (ave: R13 250 per month), it will only mean R1291 per month extra (R950 after tax). It that what we have been fighting for?

The above is my personal opinion. I just don't think it is enough. OK, now you guys know my salary. Luckily you don't know my name.

Minister MUST resolve

The "EXCO" seem to be making all kinds of creative plans to try and fool SABC Organised Labour Members into accpeting that their salary account has been looted, and they must keep quiet about it.

We are saying to Government, Cabinet and Parliament:

1. This is your doing - you put the looters here
2. You must remove the looters from us, we can not afford the losses they keep incurring
3. You should pay us what was taken from us - we are not responsible for the looting
4. You should do your best to get the Assets Forfeiture Unit to retrieve the loot (after due process)

Mr Minister - please act today! We do not want to take this to the streets if you can do the right thing today. But if you do not, we will have the first full blown strike in the history of the SABC!

It is very simple do do what we ask:

Much of the audit is already complete. The looters are now trying to cover it up (and have been for a while). All that is needed, is political will to bring the looters to book and retrieve the loot.

Please watch us picket today - we are serious about this.

To the picketers - we have asked some of our comrades to take pictures, and we will award the winner on this blog this evening!

- ps: Please let us have comments on what Cde Rian is saying about the Interkom logo. Some of us were not here at that time. We need information on who the Intercom logo belongs to, so we can officially respond.

"Interkom/Intercom" belongs to staff

Dear Comrades, Brothers and Sisters

Note that, using the SABC breakfast program, an unprocedural communication was made to staff, regarding a "subject to approval" 1.5% that may (or may not be), available in October.

We are also aware of a communication from a certain individual in Corporate Communications, who claim we are "mischievious" by forwarding mails that come from one of their staff members.

We have placed on record that no communication from the much abused mouthpiece of EXCO (an email adress named "corporate communications" can be trusted any longer. We also note that 90% of staff in any case delete mail from that address without reading it. Those records were available from the IT department, until the senders stopped requesting "read receipts".

Note that the logos "Interkom" and "Intercom" are the intellectual property of the staff of the SABC. A contest was launched in the last century, to get a new name for the "staff magazine". Individuals who now suddenly call themselves the owners of the logo "Interkom/Intercom" would be well advised to go and check who created the name, and so establish which "individuals" it really belongs to. The creators of the name/logo/brand selflessly then allowed all SABC staff to share in this Intellectual Property "Interkom". The moral owner of the logo (SABC staff) now demand that the individual who has access to the e-mail address named "corporate communications", desist from abusing our logo, and hand it back to the staff, to whom it legally belongs.

IGNORE FALSE CONTENT OF EMAILS

There was, for example, the communication in June 2008, that stated our salaries would be 12.2% more from 1 April 2009. That turned out to be misleading. Clearly then, no communication from that source should be allowed by the SABC.

We call on SABC BIT department to deny that department access to our e-mail system, as false information cause serious disruption.

This offer was not made to our leaders in a properly constituted bargaining forum.

Clearly EXCO is continuing with what they have resolved to do when they made it clear to labour court the day after we got our Strike Certificate - Refuse to Bargain.

We are certain that the (real) SABC does not agree with this reprehensible conduct by EXCO.

At the moment, the (real) SABC's only representative is the Minister of Comminications, at least until such time the President signs the (Interim) Board into place.

When we picket today, between 13:00 and 14:00, know you are lobbying the Minister.

Exco does not represent the SABC. A motion of no confidence in "EXCO" was tabled by the SABC Organised Labour Alliance on 2 June 2009.

Kindly ignore all messages from entities named "Corporate Communications", as well has any letters from "EXCO".

Kindly only trust communications coming from the Minister, the SABC Board, or the SABC Organised Labour Alliance.

Ours position remains one of Good Labour Relations

SABC Organised Labour Alliance

Well done - Friday Picket will be even bigger!

On Friday, between 13:00 and 14:00, we would appreciate if you could create pickets pleading to the minister to please come and hear us. We've seem some excellent pickets today. On Friday, we shall take photos, and the best picket will win an award!

The much awaited meeting with the Minister today never happened. Organised Labour has been pleading for a proper sit-down with the Minister for quite some time now.

OUR DEMANDS:

External, Independant Audit
We want to know how our salary account got emptied, and we want to know it fully - from a trusted external auditor (unconnected to government). We can't trust strange investigators.
There are good external auditors on SABC suppliers list (who've been sidelined when they started uncovering this rot). We only have trust in those with a good track record of rooting out high level corruption, mismanagement and white collar crime.

The monies we are owed
We want our salary account to be safe! We have, along with the SMF, no confidence in the current EXCO, as we have been lied to so much.
The Post Retirement benefits, the 3 year old promise of increased housing, expanded car subsidies, and so many more promises has never been honored.


Message to the Ministry
To the Right Honourable General Siphiwe Nyanda: Please appoint a trusted, independant auditor today! Everyone is calling for that - even EXCO. Please sir, we have to stop this ongoing flood of wasteful expenditure! We are very concerned that even our reduced salary will also disappear into "creative accounting" and weird budgeting.

Please, Mr Minister. We are now picketing in our thousands, and right now we choose to do so without disrupting services.

Please hear us - before we will have no other choice but to demonstrate our value - by witholding our scarce and valuable skills in full.

8.5% is NOT YET 10% Offer

The SABC's flagship program, Morning Live, this morning announced that an offer of 10% has now been made to unions.

Apparently this is not so - the delegates fed back to us that no such offer was made. "Management" said they still have to "go look" for the extra 1.5%.

This begs the question: What if management does "find" the extra 1.5%?

It is becoming increasingly interesting - if not mildly amusing - to observe how management magically "finds" extra money - every few days. We would have smiled if it was not so sad.

Just 34 days ago, this same management looked us straight in the eye and claimed that after much searching, they ONLY have between 6 and 7% left to give us as a salary increase.

Where did they misplace it? In the ceiling? Under their beds? Swiss account?

They, our beloved managers, are however no longer capable of surprising us.

Should we now thank management for looting "only" 2.2% out of our salary account, instead of the 3.7% they were planning to loot a week ago? Or the 5.2% they wanted to loot 2 weeks ago?

We believe they should loot nothing. We believe they should bring back everything they have looted, pay us what they legally owe us, and then leave.

As always, our position is one of Good Labour Relations

SABC Organised Labour Alliance.

Update

Note that Comrade Rian has been elected by all the unions to be one of the co-ordinators of this industrial action. As such, we, the members, now must ask that he be given out full support and protection. It is necessary that all members as well as union heads, must provide him with full support.

We are ONE in organised labour. It is required that all decisions be made in an orderly manner. In light of this, the CWU HQ and all its provincial offices have been tasked with providing the materials for the industrial action, lunchtime pickets and marches.

Viva Organised Labour Viva!

Message from Rian

"John" and Ben: Thanks for finally accepting my author request. You guys are doing an excellent job of this blog!

Allow me to update readers of what has recently been happening. As you would have seen on Friday, I have been asked by the organised employees of the SABC to communicate as much as possible to them. It is much more effective to do so on this blog, than by SABC email.

I have been elected as one of the co-ordinators of the industrial action to take place over the next two weeks. I believe it will be a very effective and visible protest. It will surely get the Shareholder's attention, convincing him of our value. That is what all strikes are about - to prove to the owner(s) that they should value their accumulated skills base more. I have no idea how "management" thinks they will be able to continue broadcasting without us. If they can, we owe it to the World to enable them to demonstrate such a miracle. The irony is that their mere attempt to do so, will be very costly, and there is no money to begin with.

Note that as with us, our suppliers are also in danger of not being paid. We must make sure the strike is very short and effective, so minimal damage occurs. We will provide a program to SABC soon, so that advertisers move their spots earlier or later, to cause least financial damage. We want to prove our value, not cause huge further financial losses.

HOW DID THIS HAPPEN?
It has become abundantly clear that a single factor has caused the dire financial situation the SABC finds itself in - over expenditure. There was NO "drop in revenue", as the big spenders may want you to believe. The money was wastefully spent on the following:

1. Local programs - programs by friends and bribe payers - without measuring returns in the form of sponsorships, ad revenue or public mandate value.
   
2. Sports rights - Much money was paid for rights to sporting events, without consideration that it was never scheduled for transmission.
   
3. Overseas programs - The 1st class flights and 5 star hotels for top executives in Los Angeles, Cannes, and London brought back highly expensive programs not suited to our viewers.
   
4. Local sport production - without consideration for value to our advertisers or sponsors, production costs for programs produced (S & T, traveling) was always more that advertising returns.
   
5. Extra staff - Friends of top management were hired in droves over the past 3 years - so many we have lost count. None of them actually broadcast, but the HR, Finance and Corporate Communications departments have DOUBLED their staff complement.
   
6. Promotion of friends - it is no secret that some of Top Management's friends earn R70 000-00 per month for very little value
   
7. Consultants - nearly One Billion over the last 3 years - if we had competent people in management, we would have saved ALL of this.
   

MOTION OF NO CONFIDENCE IN EXCO
In light of this, the leaders of the unions at the SABC have now resolved to, without delay, to stop recognising the entire Top Management complement as part of the SABC.

This means that the organised staff of the SABC will now only negotiate with the new Interim Board, the Ministry, or with the Parlaimentary Portfolio Committee on Communications, or people fully authorised and mandated by the abovementioned.

The leadership have further resolved that no bail-out package can be sought by the same people who already squandered all the SABC's assets.

All the SABC stakeholders - the Unions, SMF, Interim Board, as well as the Shareholder, have all already seperately agreed that a full forensic investigation must take place without any delay.

In light of this, we (SOLA) have already engaged with many of the best individual forensic investigators, auditors, and auditing companies, and have even started providing affidavits.

For further information - and if you need to make an affidavit - please contact your union HQ for instructions on how to make a Protected Disclosure with one of the participating auditors.

Note that at this point, the SABC Internal Audit can unfortunately not provide an adequate service, due to the sheer volume, and the fact that they have neither a head not an audit committee chair to report to.

Auditors and investigators who can prove capacity, are requested to contact the offices of the Auditor General to offer assistance with this enormous task.

Long live the SABC long live!

Rian Geldenhuys
Spokesperson - SABC Organised Labour Alliance (SOLA)
Co-ordinator - Protected Industrial Action

From the children of the SABC

Dear Stepfathers of this "house":

This morning, someone pretended to be one of our "mothers", claiming we are a "family". We have no mother.

You have murdered our real mother and our real father when you came to rob our house, quite a few years ago. You claimed to have been sent by "government".

You have spent our murdered mother's last savings, and when that ran out, you went to borrow more, using our dead mother and father's credit cards.

You've enslaved us, forced us into sweatshop labour - to finance your Johnny Walker, Dom Perignon, your paid girlfriends, your 1st class seats to Beijing, Los Angeles, London and many other places we have never even known had existed.

For our slavery, you've repaid us - evil stepfathers - by murdering our loved brothers and sisters that dared question what you were doing.

Now that we've gone to the authorities, you are squeezing the last blood out of us to pay expensive lawyers to keep the child abuse case out of court.

As we speak, you keep filling our house with more friends and paid girlfriends. We have nowhere to sleep any more. We are now - together - asking for the LAST time:

Please leave. And take your friends and paid girlfriends with you.

What would it take to get the Minister to sign surety for a loan?

SIMPLY:
The Minister must satisfy himself the SABC will not squander the money again.

First, the main squanderers must be investigated/tried/jailed: Mvuso Mbebe (R2 billion in bad content and bad asset data), Charlotte Mampane, Thami Ntentheni (no understanding for Public Mandate, hires and promotes only women who do him favours), Ron Morobe/Mabela Satekge (bad procurement and victimisation), Pat Naves (1 billion in bad appointments of useless individuals), Andre Weber/Dingaan Filiti/Ruben Naiker/Andries Mashego (assists in silencing whistleblowers and wasting money in court), Gab Mampone (deployee of Christene Qunta, appointed without fair interviews), the whole 1st class/5-star Beijing/Los Angeles gang (Mbebe, Trikamjee, Melk, Mampone, Lulama Mokgobo).
Robin Nicholson must sit next to a cop to spill all the beans, give back the "shush" money, then leave - before the signature can be given.

But they also need to be replaced, and rules must be put in place to guide the new EXCO.

PRINCIPLES:

* Measuring employee satisfaction is vital information for your investors.

* People leave their immediate managers, not the companies they work for.

STEP 1: Ask Questions from Employees:

• Are you clear on your specific role in the SABC, and is it what you are BEST at?
• Do you have the right tools and co-workers to best fulfil this role?
• Does your line manager care about you as a person, and encourage your development?
• Do your opinions seem to count? Do you get credit for them?
• Does the mission/purpose of my company make you feel your job is important?
• Will you recommend the SABC as a place of work to your best friend and family?

Companies that obtained positive responses to these questions profited more, were more productive as business units, retained more employees per year, and satisfied more customers. (Source: 10 million workplace interviews by Gallup, the World’s largest research company).

STEP 2: Getting it Right:

• Treat every employee as an individual.
• Focus on strengths and talent. Stop wasting time to try and fix weaknesses.
• Know every role is noble, respect it enough to hire for talent to match.
• Know your people are watching every move you make. DO NOT STEAL!

STEP 3: Mining a wealth of incredible talent:

• Know what can be taught, and what requires a natural talent.
• Standardize the end but not the means. Within law, let the employee use his own style to deliver the result you want. Find ways to measure, count, and reward outcomes.
• Motivate by focusing on strengths, not weaknesses.
• Spend time with your best people. Give feedback. If you can’t spend an hour every quarter talking to an employee, then you shouldn’t be a manager.
• There are many ways of alleviating a problem or non-talent. Devise a support system, find a complementary partner for him, or an alternative role.

STEP 4: Develop from within - stop hiring from outside!

• Do not promote someone until he reaches his level of incompetence; simply offer bigger rewards within the same range of his work. It is better to have an excellent, highly paid waitress or bartender on your team than promote him or her to a bad bar manager.
• But there are people inside the SABC who are capable of administering the methods herein. With a minimum of development (the SABC has plenty of trainers already), a new EXCO will be in place, from inside.

These are the words of the Employees of the SABC. We call upon Goverment to Stop deploying loyalists and cadres into trophy jobs. Please allow us to fix our own broadcaster. Please just take the thieves away, then we can get on with it...

We are requesting you to nominate exsisting employees who you are confident will be able to fill the above positions...

CWU CCMA referral

On 15 May, the CWU referred a dispute of MUTUAL INTEREST to the CCMA, specifically because its members has demanded that the SABC puts itself in a position to be able to afford to pay its obligations.

It subsequently, on 28 May, demanded that the SABC first pay the 12.2% it owes, and only then open negotiations for a drop in pay, of 3.7%.

The drop in pay request by management will be taken to members in good faith - as we believe anyone has the right to table demands, even the employer - but only once the SABC negotiates in good faith by first meeting its 12.2% obligations.

It is the mutual interest of workers and the SABC alike that negotiations take place in good faith.

However the SABC prefers to approach negotiations in bad faith, hoping that members will become desperate, and take the 3.7% drop in pay, without any further questioning.

We have tabled a demand that goes with this - that the entire EXCO voluntarily resigns. Those who believe they have added value, rather than destroying, the SABC, may then re-apply.

At a resolution meeting on 15 June, however, the SABC refused to meet its good faith obligations, and insisted they do not have the money to give 12.2% now, and offered 3.7% less (8.5%).

We are awaiting the commissioners ruling on the two aspects of the dispute - the 12.2% obligation, and the union's demand for the SABC to stop trying to reduce our pay, before it has gotten rid of all wastage, and wasters.

Poll Results to be presented to CCMA

What is the best increase for you?
55% - R3000pm accross the board
45% - 13% accross the board.

Comment: The R3000 is a good choice for the Bargaining Unit, as it will mean more money in the pockets of all those who earn a basic monthly salary of less than R23 000. One wonders if those who voted for the 13%, knows that fact. It will make an IMMENSE difference to the majority of our members who earn around R10 000pm (30% increase). It is also affordable for the SABC, and it assists a little bit to close the wage gap.

The majority mandate for urgent suspensions (pending investigation) that are required with immediate effect (50% or more votes), are:
Gab Mampone (84%)
Pat Naves, Andre Weber, Dingaan Feliti (76%)
Robin Nicholson (73%)
Mvuso Mbebe (69%)
Ruben Naicker (57%)
Ron Morobe (53%)

Comrades, thank you for your votes. We know there should be a lot more people on this list, but with the above gone and replaced by honest people who will allow honest investigators to take care of the rest, we shall have at least some chance of ressurecting Our SABC.

Viva! Please try and be at the CCMA (28 Harrison Street) by 9:45am - note that as a CWU member you are an Applicant in the matter - if your line manager does not sign your special leave application (put "CCMA" under remarks, he or she better have a really good reason why.

We will accept only valid reasons like a broadcast deadline, or a matter of life and death. Managers who unreasonably refuse, will automatically become enemies of orderly collective bargaining, and will be investigated, along with the others.

Humble request to assist courageous Shop Steward Janine Murison

Comrades, we ask that you open your hearts for our Courageous Provincial Co-ordinator, who was so callously fired by Gab Mampone, Robin Nicholson and Lene Chamberlain, when she bravely questioned the secretive commissions scheme on behalf of all members of all unions.

We ask that you do an electronic donation today, directly into her account, and that, as reference, you add your name, so Janine knows - please also send an email to our Plant Secretary to confirm that you've done so, so he can keep a record. You are welcome to comment to this post too, once you've made a donation.

Account:
JTJ Murison
ABSA Savings Account
9188123507

It is the Table View branch, but all ABSA accounts have the same branch code - 632005

Suspect Commissions and Whistleblower Silencing

Update From Comrade Rian (response to all the comment on the trial):

This "whistleblower" case has been dismissed by the Labour Court Judge, who found that Janine was supposed to remain available (DAILY?) on the off chance that a date may be set during the exact month (more than a year after her dismissal) - when she had no phone and no money.

The date was set for August 2008, but the union lawyers could simply not find Janine (she was busy scraping together some cents to feed her children). The GCEO took full advantage of that unfortunate situation, and instructed Kobus Potgieter to file for dismissal of the matter, and to claim Janine is wasting the court's time. They refused to provide Janine's address, which they have, for tax purposes.

The papers (opposing affidavit by Janine herself) simply could NOT be filed without first FINDING Janine to do the affidavit!

It was, however, filed IMMEDIATLY when she was finally found, and it included an application for Condonation (an explanation why it was late) by Janine herself, in her opposing affidavit. The trial judge, however, clearly had little sympathy, or understanding, for Janine's explanation that she could not afford ANY phone calls, and therefore had NO way to know that the trial was (at short notice to the union) set for that date.

The case was dismissed with costs to be paid by the union (close to R100 000-00).

Two options remain:

1. The union can appeal this finding at Labour Appeal Court.

2. A case of criminal defamation can be opened against those who testified falsely at Janine's published hearing (Gab Mampone and Lene Chamberlain), as well as the person who published a falsehood in his "appeal finding" - Robin Nicholson.

3. The Constitutional collective interest of having fearless Shop Stewards can be mandated by all members, and in this way, we can force SABC to allow Janine her day in court, so the truth can be heard.

.....Comrades, that is what Rian reports to me. He has asked me to publish another voting button, so we can mandate Head Office with our way forward. Please vote!

Here is the original post:
Acting Plant Secretary reported: Flying in the face of a collective demand by union members, the Acting GCEO, Mr Gab Mampone, on Friday instructed lawyers not to allow Shop Steward Janine Murison her day in court.
The union awaited a trial date for a year and a half by the time a date was finally given. Unfortuntely, by that time, Janine had been forced by circumstances that no Fat Cat or High Court Judge will ever be able to grasp, to phone our lawyers on a less regular basis. The cost of a mobile phone call is a huge factor for someone who has nothing.Management and HR had full knowledge of her new address in Cape Town, but neglected to give that to our union lawyer - proof they wanted her to miss the date, so they can have this technicality to keep the matter out of court.When she finally found the meagre means to make contact with our lawyer again, she - to her utter dismay - heard that the case was to be dismissed. Only then could our lawyers file opposing argument to management's dismissal application - which he did, but technically it was already too 5 days too late.Many compassionate judges, however, grant condonation in such cases, so the union decided to oppose (at its own cost) the SABC's nasty and unfair application to dismiss, even if the chance was small. We still owed that to Janine.The merits of her case (prospects of success) was described as "good" by the advocate, but the judge refused to entertain that.The written judgement will be provided in this week. If it can be appealed to a more understanding judge, it will - after an investigation into the prima facie fraudulent commission scheme has been concluded, so the fact that Janine believed the fraud was real, can be proven.This now provides a small legal window of opportunity for the criminal matter of commission fraud to be publicly investigated, as it is not currently SUB JUDICE.Gab Mampone, Robin Nicholson and Toni Burkett, along with Mark Jakins, Paul Tati and Lene Chamberlain, are the architects and benefactors of the commission scheme in question. At a General Meeting with all members a 16:30, the following mandate was given.That the union demands from SABC that the six individuals mentioned supra, be suspended and investigated for:1. Fraud concerning a secretive commission scheme,2. Vague commission statements,3. Incorrect and unilateral application of the banking system,4. Refusing to clarify issues of payment,5. Paying monies into a secret SABC account number, contained in Janine Murison's founding affidavit6. The exhorbitant commissions paid to the CE: Commercial Enterprises, the CFO, and the GM: Sales and Marketing Finance, when compared to other support staff commissions.The demands will be communicated to the Board Chairperson via the Company Secretary's office on Tuesday, with a condition that the collective mutual interest demand is met by close of business that same day, failing which the matter will be referred to the CCMA for mediation. The members have indicated that they are ready to defend that demand.We will prevail, comrades, and we are - together - much more effective and stronger than court, which to protects itself against any possibility of actually having to decide on the merits of a case.It would seem the message these courts send out, is that companies have Carte Blanche to illegally dismiss wistleblowers with impunity.What they do not know, is that the power of the collective will always prevail - no matter how powerful some managers think they are.

Exposing the Syndicate

Kindly comment below, to reveal members of the syndicate.

Snuki is still around - Gab asked his to stay.

We believe it is so he can advise on how the syndicate can remain in power.

From this, a pattern emerges: Snuki Zikalala*, Gab Mampone, Robin Nicholson, Paul Tati*, Gideon van Tonder, Dingaan Feliti, Ruben Naiker, Pat Naves, Kobus Potgieter, Andre Weber, Pat Naves, Andries Mashigo, Liketso (HR), Lene Chamberlain, Bernard Koma, Tseliso Ralitabo, Sello Thulo, Sebelelo Dihlakanyane, are all part of a counter productive group of people whose victims suffer the most horrendous consequences.

If the honest worker does not stand up soon and take action - we will always be saddled with these victimisers. There are obviously a lot more to add to this list.

Please feel free to add names as comments - the time has come for a clean up of rubbish.

Lies

The SABC spokesperson, today, in an interview with Morning Live, claimed that the "permormance bonusses" paid to Management in December was owed to them in terms of the "profits" that were made in the previous financial year, and that SABC management can not prejudice "people" by not paying them what is owed to them.

There are two viscious lies contained in this:

1. The Audit Report of the year in question was rejected as "qualified" (not reflecting the full truth). No profits shown in there can be claimed as true.

2. The SABC management can (and does!) prejudice people, as long as it is not themselves.

Comments are welcome.

Deadlock - Labour vs SABC

On 1 April 2009, the "multi term agreement" gave SABC employees a 12.2% increase.

On 28 May 2009, SABC requested organised labour to consider a reduction in salary of 5.2%.

In light thereof that the 12.2% does not reflect in the bank accounts, nor salary slips of employees, the following final mandates were given to union leaders:

1. That the 12.2% debt (outstanding since 1 April) be immediatly paid, with interest.

2. That all Exco members (who took money belonging to employees as bonusses), along with Internal Audit managers, who neglected to report this to board, resign with immediate effect.

Management refused to accept these terms, and a deadlock was reached.

This means that the dispute declared on 16 May 2009, still stands.

Mediation is scheduled for the 15th of June, and if that fails (very likely, as we have no mandate to compromise), members will be ballotted as to the way forward - noting that any industrial action will then be protected by law.

All talks with management is now in the CCMA - no more meetings will be internally entertained.

Our position is always one of Good Labour Relations

The CWU Shop Stewards Council

Healthy Debate So Far - please press "comment" to say your say

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Please click on the word "COMMENTS" below to post a comment.

June 4 Protest

On Thursday, 4 June, all CWU members are called to show lunchtime solidarity with the all the other victims of none payment.

Please be outside by 12:30, or depending on when your lunch hour starts.