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.