Latest news with #R463
IOL News
6 days ago
- Business
- IOL News
Labour Court orders Cashbuild to reinstate manager, slams CCMA for overreach in R463,000 back-pay ruling
Cement Deal Ends in Court Shock Image: File What started with the sale of 10 discounted bags of damaged cement — and ended with no delivery for three months — has now seen the Labour Court order Cashbuild to reinstate its dismissed Mqanduli branch manager over procedural disciplinary issues. The court, in what was Port Elizabeth, found that the Commission for Conciliation, Mediation and Arbitration (CCMA) overstepped in awarding Luvolwethu Dyani 18 months' back pay worth R463 840.38 as it upheld overturning Cashbuild's decision to fire him. In October 2022, the CCMA ruled Luvolwethu Dyani's dismissal was both substantively and procedurally unfair, ordering his reinstatement with Cashbuild. Cashbuild took the matter to the Labour Court in Gqeberha, arguing that the CCMA ignored key evidence and misapplied the facts. The saga began in December 2020, when a customer, Mzwandile Mdunyelwa, bought and paid for ten bags of damaged cement at a discount. Cashbuild doesn't normally deliver such stock, but because the men knew each other, Dyani agreed to arrange it. The bags were never set aside or sent and instead sold to another customer. Over the next three months – December to February – no replacement was delivered despite payment being made. Mdunyelwa complained to head office in March 2021, prompting an investigation which confirmed the cement had been sold elsewhere. Only then did Dyani arrange for undamaged bags to be delivered, this time at full price. Dyani was charged with poor customer service/gross negligence and bringing the company name into disrepute. A disciplinary hearing in March 2021, held without him, led to his dismissal, and his internal appeal the next month was unsuccessful. Then, Dyani went to the CCMA, which found that he should be reinstated with 18 months' salary because his 'dismissal was both substantively and procedurally unfair'. Cashbuild took the matter to the Labour Court, arguing that the CCMA didn't fairly consider the evidence, effectively discarding what it presented. It said that the CCMA, 'being confronted with two mutually contradictory versions, did not discharge his duty and function to determine what evidence to accept'. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ However, it was determined that some of Cashbuild's allegations featured 'for the first time during the arbitration proceedings' and not during the disciplinary hearing. The judge also noted that some evidence, about there being bags of cement available to distribute, was not presented during the disciplinary enquiry or the appeal hearing. The judge did note, however, that it was 'unacceptable for a customer to pay for bags and then to wait for three months to receive the bags' and that 'the complaint to the head office was a valid complaint given the third respondent's negligence in this regard'. The court said that the CCMA's payout decision was 'one that a reasonable decision maker could not reach' and cut it to four months' salary – R103 075.64. It also found that while Dyani had been negligent, dismissal was too harsh, and a final written warning was the more appropriate sanction. Dyani must return to work within two weeks, with Cashbuild paying the reduced back pay in the same period. IOL
IOL News
6 days ago
- Business
- IOL News
Labour Court orders rehire after 3-month delivery debacle
Cement Deal Ends in Court Shock Image: File What started with the sale of 10 discounted bags of damaged cement — and ended with no delivery for three months — has now seen the Labour Court order Cashbuild to reinstate its dismissed Mqanduli branch manager over procedural disciplinary issues. The court, in what was Port Elizabeth, found that the Commission for Conciliation, Mediation and Arbitration (CCMA) overstepped in awarding Luvolwethu Dyani 18 months' back pay worth R463 840.38 as it upheld overturning Cashbuild's decision to fire him. In October 2022, the CCMA ruled Luvolwethu Dyani's dismissal was both substantively and procedurally unfair, ordering his reinstatement with Cashbuild. Cashbuild took the matter to the Labour Court in Gqeberha, arguing that the CCMA ignored key evidence and misapplied the facts. The saga began in December 2020, when a customer, Mzwandile Mdunyelwa, bought and paid for ten bags of damaged cement at a discount. Cashbuild doesn't normally deliver such stock, but because the men knew each other, Dyani agreed to arrange it. The bags were never set aside or sent and instead sold to another customer. Over the next three months – December to February – no replacement was delivered despite payment being made. Mdunyelwa complained to head office in March 2021, prompting an investigation which confirmed the cement had been sold elsewhere. Only then did Dyani arrange for undamaged bags to be delivered, this time at full price. Dyani was charged with poor customer service/gross negligence and bringing the company name into disrepute. A disciplinary hearing in March 2021, held without him, led to his dismissal, and his internal appeal the next month was unsuccessful. Then, Dyani went to the CCMA, which found that he should be reinstated with 18 months' salary because his 'dismissal was both substantively and procedurally unfair'. Cashbuild took the matter to the Labour Court, arguing that the CCMA didn't fairly consider the evidence, effectively discarding what it presented. It said that the CCMA, 'being confronted with two mutually contradictory versions, did not discharge his duty and function to determine what evidence to accept'. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ However, it was determined that some of Cashbuild's allegations featured 'for the first time during the arbitration proceedings' and not during the disciplinary hearing. The judge also noted that some evidence, about there being bags of cement available to distribute, was not presented during the disciplinary enquiry or the appeal hearing. The judge did note, however, that it was 'unacceptable for a customer to pay for bags and then to wait for three months to receive the bags' and that 'the complaint to the head office was a valid complaint given the third respondent's negligence in this regard'. The court said that the CCMA's payout decision was 'one that a reasonable decision maker could not reach' and cut it to four months' salary – R103 075.64. It also found that while Dyani had been negligent, dismissal was too harsh, and a final written warning was the more appropriate sanction. Dyani must return to work within two weeks, with Cashbuild paying the reduced back pay in the same period. IOL
Daily Maverick
01-08-2025
- Politics
- Daily Maverick
Breaking the crime cycle — Bail Fund could ease prison overcrowding
South Africa's prisons are overcrowded by 53%, with remand detainees accounting for almost a third of those incarcerated. While legislative efforts to reduce overcrowding have been ineffective, the Bail Fund could help those who can't afford to pay their bail. Correctional Services Minister Dr Pieter Groenewald has said remand detainees have a direct bearing on prisons' bed capacity, which is one of several factors contributing to prison overcrowding. There are just 107,000 beds in South African prisons, but about 166,000 inmates are housed in the country's 243 correctional centres, resulting in a 53% overcrowding rate. This negatively affects safety and security, gang violence, and the success of rehabilitation programmes. In March this year, Daily Maverick's Caryn Dolley reported that cellphones, alcohol, smoking pipes, drugs and even tattoo machines are passing through South Africa's overcrowded prisons as inmates and corrupt officials collude to form a key part of organised crime networks. Groenewald, speaking during the Department of Correctional Services (DCS) budget vote in July, said there were 107,067 bed spaces available, currently occupied by 104,550 sentenced inmates. There are almost 60,000 remand detainees (those awaiting trial or sentencing), pushing the number of beds needed to around 166,000. The minister stressed that remand detainees significantly contributed to overcrowding, noting that the department had to admit all court-referred persons, regardless of capacity. Currently, 2,530 remand detainees remained in custody solely because they could not afford bail of R1,000 or less, despite having been granted bail by courts. Keeping each of these individuals in custody costs the taxpayer R463 per person per day. Prison overcrowding and high recidivism rates are linked, creating a dangerous cycle. Overcrowded facilities make it impossible to provide adequate living conditions and effective rehabilitation programmes. Without effective rehabilitation, ex-prisoners are more likely to reoffend upon release, which contributes to more overcrowding when they re-enter the prison system. Legal strategies fail to curb overcrowding Another impediment to overcrowding, as heard by the parliamentary correctional services committee on Friday, 25 July, was the low success rate of legislation targeted at reducing overcrowding in correctional facilities around the country. The DCS briefed the committee on the use of Section 49G of the Correctional Services Act (CSA) and Section 62F of the Criminal Procedures Act (CPA) applications. Both sections aim to reduce overcrowding in correctional facilities. Section 49G says a remand detainee may not be detained for more than two years without the matter being brought to the attention of the court. The head of the remand centre must refer the case to the court at least three months before the two-year detention period lapses. If the detainee remains in custody following the initial review, further submissions to the court must be made on an annual basis. Section 62F of the CPA allows courts to impose additional bail conditions, such as placing an accused person under probation or correctional supervision, rather than in remand. Both sections have done little to alleviate overcrowding. The committee heard that Section 62F was underused while the success rate for the 12,283 Section 49G applications in 2022/23 was 1.25% nationally, with the Eastern Cape and Western Cape both indicating a 0% success rate. 'In terms of the outcomes of Section 49G application, especially relating to the Eastern Cape, it's a very serious concern. The committee will raise this with the Minister of Justice and Constitutional Development that deals with referrals,' said correctional services committee chairperson Kgomotso Ramolobeng. Efforts at solutions The Bail Fund could offer a viable solution to easing overcrowding in correctional facilities. The fund aims to address the injustice faced by remand detainees who cannot afford bail amounts under R1,000 by providing financial assistance. The fund will rely solely on private funding. A pilot project in the Western Cape is being developed to test its feasibility, with eligibility criteria excluding individuals accused of serious crimes such as gender-based violence (GBV). Courts will determine suitability, ensuring beneficiaries do not pose a public risk, have a fixed address and will comply with bail conditions. The fund is led by the Judicial Inspectorate for Correctional Services (Jics) with support from the Bertha Foundation and other stakeholders. It has produced a feasibility study and raised roughly half of the required pilot money through philanthropy. A trust has been formed to oversee the fund. The next stages are to secure additional funding, designate trustees and finalise eligibility guidelines. Judicial Inspectorate for Correctional Service (Jics) inspecting Judge Edwin Cameron has described the more than 2,500 remand detainees who remain in prison because they can't afford bail as 'prisoners of poverty'. He said it was a grave injustice which significantly contributed to South Africa's prison overcrowding problem. Parliamentary committee chairperson Ms Kgomotso Anthea Ramolobeng indicated that committee members agreed that much work needed to be done on the project, including an extensive public participation process to establish whether communities would be in favour of such a fund. 'The committee encouraged Jics to continue with its groundwork on the project with other stakeholders like the South African Police Service and the NPA. It is important to thoroughly engage communities, as offenders on bail will have to go back to families and communities. 'The committee will monitor this space and engage Jics and other stakeholders once it has sight of a more comprehensive plan,' she said. Foreign nationals 'extra burden' To alleviate overcrowding in correctional facilities, Groenewald wants to deport foreign prisoners. More than 12,000 foreign prisoners make up 19% of the remand population, which the minister says contributes to overcrowding. Another about 12,000 are serving sentences, who make up just over 12% of sentenced prisoners. During his budget speech, Groenewald emphasised: 'The South African taxpayer foots the bill for just over 24,000 foreign nationals. Calculated at R463 per day, this results in an expense of R11,112,000 per day. We are currently exploring various solutions, including diplomatic approaches.' He said bilateral engagements with South African Development Community countries to deport offenders who were foreign nationals aimed to ease overcrowding in correctional facilities. The process is already under way, with the Protocol on the Management of Foreign Nationals: Remand Detainees and Persons Detained for Deportation signed by Correctional Services, SAPS, and the Department of Home Affairs. According to the minister, a process is under way to amend the Criminal Procedure Act to enable the deportation of offenders who were foreign nationals. DM
The South African
03-07-2025
- Politics
- The South African
Yes or no? SA weighs into unbanning corporal punishment
South Africans are weighing in on the debate surrounding unbanning corporal punishment as suggested by the Minister of Correctional Services, Pieter Groenewald, to combat prison overcrowding. The minister called on citizens to start a dialogue during his budget vote presentation at the National Assembly this week. Delivering his budget vote at the National Assembly this week, Minister of Correctional Services Pieter Groenewald suggested a debate on reintroducing corporal punishment as a means of preventing prison overcrowding. The controversial practice was abolished in South African schools in 1996 under the Corporal Punishment Act, and later the South African Schools Act, specifically Section 10. He later told eNCA: 'It is causing the taxpayer R463 per day per prisoner. And that is why I said we should open the debate. I know that there is certain legislation…but let's hear what the people of South Africa's views are'. He continued: 'If it is possible that we can use corporal punishment, then we can address part of the overcrowding and we're also going to save the taxpayers' money'. Groenewald suggested that the practice should be used against those who committed petty offences and could not afford bail. Corporal punishment was officially outlawed in South African schools, as outlined in the Constitution, which enshrines the right to freedom and security of children, including freedom from violence. In 2019, the Constitutional Court of South Africa ruled that enforcing the act in schools was 'unconstitutional.' In its judgement, it referred to research that showed that the practice was 'potentially harmful and part of a wider circle of violence', particularly amid South Africa's 'history of widespread and institutionalised violence'. Should SA unban corporal punishment? Image via Pixabay Later, in 2022, the South African Human Rights Commission (SAHRC) criticised reports that then Gauteng MEC for Education, Penyaza Lesufi, suggested reviewing policies, including corporal punishment. It said: 'Corporal punishment increases behavioural problems in children in the long-term and has shown no positive behavioural outcomes.' On the X platform, South Africans have shared their views on whether corporal punishment should be unbanned in society, whether in schools or prisons. Popular podcaster Penuel Mlotshwa posted: 'I support Pieter Groenewald. There are people sitting in jail for petty crimes, which strains tax money… but fattens the purses of tenderpreneurs. Those people should get a whipping and be released. Here's what others had to say… @nicksta_napo: 'Maybe make it mandatory for people to serve in the military for a specific period, rather than abusing kids at school'. @UnityInSA: 'We need this. Whatever we had in 30 years is clearly not working. Time to change the system. If a potential criminal does not want to be punished, then he/she must stay away from crime. Its simple'. @KG_Mulelwa: 'Corporal punishment for petty crimes and death penalty via lethal injection for serious and hideous crimes'. @Sthamber: 'Corporal punishment takes us back to the bad old days of Apartheid. There should be better ways of dealing with prison overcrowding. South Africa needs to be more innovative'.
The Citizen
03-07-2025
- The Citizen
Wasted freedom: Here's how many parolees reoffended last year
Robbery, theft, housebreaking and assault were the most common crimes committed by parolees, while murder and rape increased. The Department of Correctional Services (DCS) has revealed how many parolees have squandered their chances of freedom. Reoffending parolees and the cost of housing inmates were recently addressed by Minister of Correctional Services Pieter Groenewald. The minister warned that the monitoring of parolees could be an area under threat as he announced a reduction in the department's budget for the coming year. More than one in 10 reoffend Groenewald signed off on a DCS report in June that detailed the number of parolees who had been rearrested in the last five years. DCS had released 287 474 inmates under correctional supervision since the 2020-21 financial year, with 29 940 parolees being rearrested in the last five financial years A written parliamentary response revealed that 5 682 of the 52 556 inmates released on parole or probation during the 2024-25 financial year had reoffended. That represents 12.4% of parolees and is up from the 10.9% from the previous financial year, as well as the highest of any of the last five years. The crimes that sent parolees back to prison early were theft (523), housebreaking (488), robbery (337) and assault (351). Rearrests for murder accounted for 209 cases while 345 parolees were rearrested on a rape or sexual assault charge — both the highest at any point in the last five years. No more easy parole Groenewald announced the department has a capital budget shortfall of R222 million and warned of the possible consequences. 'The cuts to our budget translate to the provision of security equipment being compromised; capital investment in skills development being cut; the budget for nutritional services had to be cut; capital works projects will be on hold; and the monitoring of parolees could be negatively impacted,' said Groenewald. He reiterated that he would implement strict measures on parolees, despite overcrowding in prisons. 'An excessive number of medium to high-risk offenders are being recommended for parole. Once again, we must not allow the citizens of South Africa to bear the burden of this risk,' he said. Cost of housing inmates The minister explained in his budget speech on Tuesday that South Africa was spending R463 per day per prisoner to care for inmates. He added that roughly 24 000 foreign nationals were currently passing through correctional services, costing the state R11 million per day. These were all awaiting trial and are part of the 60 000 remanded inmates who cost the state R27.7 million per day while the court proceedings drag on. Asked whether parolees were monitored after their sentences ended, the minister clarified that offenders became free citizens once their sentences were served. 'There is no provision for continuous monitoring of released offenders as they would have reached their sentence expiry date,' Groenewald stated. NOW READ: Cheap labour? Here's how much prisoners earn in Correctional Services' bakeries
