Showing posts with label Solidarity. Show all posts
Showing posts with label Solidarity. Show all posts

Saturday, June 9, 2018

Supreme Court of Appeal has dismissed Hlaudi Motsoeneng's leave to appeal 'SABC8' labour court case with costs; now Solidarity wants a warrant to have former SABC wrecking ball exec's assets seized.


South Africa's Supreme Court of Appeal has dismissed, with punitive costs, the famously matricless Hlaudi Motsoeneng's leave to appeal with the infamous former SABC wrecking ball that is now responsible in his personal capacity for having to pay all of the legal costs involved with the labour court case regarding the so-called "SABC8" journalists he wrongly fired and who the court ordered re-instated.

Solidarity brought the application in the labour court and in 2017 the court found that Hlaudi Motsoeneng should be held liable in his personal capacity for the legal costs associated with the court case.

"This is vindication that the SABC8 had been fired unlawfully and that Hlaudi Motsoeneng’s actions were unlawful and wrongful," says Solidarity in a statement.

According to Solidarity chief executive, dr Dirk Hermann, Solidarity would now proceed to serve and implement the warrant of execution granted to Solidarity with a view to have Hlaudi Motsoeneng's assets seized.

"In view of the fact that our demand for costs has been vindicated we would now also be in a position to demand recovery for more costs," says Dirk Hermann.

"What Hlaudi Motsoeneng has to realise now is that he cannot wear us out by carrying on with litigation but that, in the end, he will have to own up for the damage caused to so many. In his efforts to evade justice he has painted himself into a corner but has now exhausted all means at his disposal," says Dirk Hermann.

Monday, November 13, 2017

Labourt Court again orders Hlaudi Motsoeneng, Simon Tebele to pay SABC8 journalists' legal costs; refuses application for leave to appeal.


The court has ordered the shamed Hlaudi Motsoeneng, the controversial former SABC COO, and the SABC's former head of news Simon Tebele to personally pay the legal costs of the so-called "SABC8" journalists the two of them unjustly fired last year.

The Labour Court has refused Hlaudi Motsoeneng and Simon Tebele's application for leave to appeal the court's former ruling ordering them to pay the legal costs of the journalists. The application was denied with costs.

Hlaudi Motsoeneng said "I'm very disappointed".

It means that the shamed executives have no more options - they are responsible and must pay the legal costs of the trade unions Solidarity and the Broadcasting, Electronic, Media and Allied Workers Union (Bemawu) who represented the fired journalists that the court ordered to be re-instated.

The 8 journalists were illegally fired by the SABC after they refused to go along and protested the SABC's unilaterally introduced TV news censorship policy of Hlaudi Motsoeneng.

"Solidarity has made it clear many a time that it would not rest until Hlaudi Motsoeneng and Simon Tebele have paid the money in their personal capacity as ordered by the court," said Anton van der Bijl, the head of Solidarity's Centre for Fair Labour Practices.

"Hlaudi Motsoeneng is painting himself into a corner in an attempt to evade justice."

Monday, July 11, 2016

SABC adds 'further misconduct' charges to 3 of its 8 suspended SABC News journalists for 'informing the media about their suspensions'.


The crisis-riddled SABC has added "further misconduct" charges against 3 of its 8 suspended SABC News journalists, charging Foeta Krige, Thandeka Gqubule and Suna Venter among other things with "informing the media about their suspensions".

The SABC at the same time decided to "indefinitely postpone" the disciplinary hearing against Foeta Krige, Thandeka Gqubule and Suna Venter. Their disciplinary hearings were set to take place on Monday.

We are urgently appealing to all South Africans to stand firmly behind the suspended journalists to stamp out the SABC’s attack on press freedom," says Dirk Hermann, the head of Solidarity.

"We are calling for the immediate suspension of Hlaudi Motsoeneng, COO of the SABC, pending an investigation into his ability to manage the SABC," says Solidarity.

Foeta Krige, the executive editor of Monitor and Spektrum on the SABC's RSG radio station, journalist Suna Venter and SABC business editor Thandeka Gqubule were suspended by the SABC last month after they dared to say in a daily news diary meeting that they're don't agree with the SABC's censorship to not cover any of the Right2Know Campaign's public protests at SABC offices countrywide.

The SABC blocking any coverage of the Right2Know Campaign's public protests over SABC censorship, came after the SABC in May announced that it will be censoring SABC TV news visuals of public protests that contain destruction of property.

The SABC has meanwhile also suspended and is taking disciplinary action against 5 other SABC News staffers.

Busisiwe NtuliJacques Steenkamp and Krivani Pillay were suspended after they sent a collective letter to SABC chief operating officer (COO) Hlaudi Motsoeneng requesting a meeting over SABC News and censorship policies after Jimi Matthews quit two weeks ago.

The SABC ordered the SABC contributing editor Vuyo Mvoko to give reasons why his contract shouldn't be terminated after writing about "My Hell at the SABC" as a front page newspaper article.

Lukhanyo Calata was charged with a disciplinary hearing after writing a scathing opinion-editorial on the SABC.

Solidarity says it will approach the Constitutional Court this week for a case to test the SABC's SABC TV News censorship decision. Solidarity will also go to the Labour court to get an interdict against the SABC's disciplinary process against the suspended journalists.

Solidarity said it welcomes the broadcasting regulator, the Independent Communications Authority of South Africa (Icasa) ruling today against the SABC's decision to censor SABC TV news public protest visuals.

"The ruling proves that the SABC, under the guidance of Hlaudi Motsoeneng, did not act within the framework of the Constitution. We therefore request that all charges against the suspended SABC employees be withdrawn and that Hlaudi Motsoeneng be removed from his position as chief operating officer of the SABC immediately, pending an investigation".

"Icasa's ruling is a victory for the ethical SABC journalists who, despite unlawful instructions and intimidation, stood up for constitutional principles," says Solidarity.

Wednesday, December 2, 2015

M-Net: Whites now welcome to apply for internships at its Magic in Motion Academy; all race groups can now apply for film academy's class of 2016.


In an abrupt about-turn M-Net says white students are now allowed to apply for internships at the South African pay-TV broadcaster's film academy.

It follows pressure from the trade union Solidarity that said it will be filing a class action complaint with the South African Human Rights Commission (HRC) about what it said was "M-Net's discriminating Magic in Motion internship" programme and which led to an escalating race row with the broadcaster.

M-Net said that it wasn't breaking any laws by excluding whites from applying for internships for its Magic in Motion Academy (MiM).

On Tuesday M-Net's lawyers said that all race groups can now apply for MiM Academy internships.

The MiM Academy started as a brand-new corporate social investment (CSI) initiative this year, doing phenomenal work in 2015 to expose South African film students, working as interns, to the South African television business by getting hands-on experience across a range of M-Net, kykNET and Mzansi Magic channels' productions.

The MiM Academy is overseen by the veteran producer and director Bobby Heaney as the academy's director.

M-Net increased the number of internships from 12 for 2015 to 20 for 2016 but said that whites are not allowed to apply and that internships are "strictly EE (Employment Equity) qualifying candidates only – black, coloured and Indian". Applications for the MiM Academy close on 11 December.

M-Net has now changed the advertisement, with it now saying that "applications are open to all and preference will be given to EE qualifying candidates".

"In a letter received from M-Net's lawyers it is indicated that the internship is now open to all races," says Dirk Groenewald, the head of Solidarity's Centre for fair labour practices.

"Should it transpire that no white candidates were included in the programme, this amendment would only have been lip service and we would continue to lodge a complaint with the Human Rights Commission."

"From now on, Solidarity will also act as watchdog for similar cases and should there be non-compliance with legal requirements we will not hesitate to approach the courts," says Dirk Groenewald.

M-Net that originally issued a statement inviting candidates for the 2016 class and the requirements, didn't issue a statement about the revised MiM Academy application requirements.

Monday, November 30, 2015

M-Net facing class action case over alleged racial discrimination; pay-TV broadcaster says its Magic in Motion Film Academy is not breaking any laws.


M-Net is facing a class action complaint over alleged racial discrimination and excluding white students from its Magic in Motion Academy, while the pay-TV broadcaster says its rules are not breaking the law.

M-Net has become embroiled in a growing race row at the start of the second year of its Magic in Motion Academy (MiM Academy).

The MiM Academy started as a brand-new corporate social investment (CSI) initiative this year and has done terrific work in 2015 to expose South African film students, working as interns, to the South African television business by getting hands-on experience across a range of M-Net, kykNET and Mzansi Magic channels' productions.

The MiM Academy is overseen by the veteran producer and director Bobby Heaney as the academy's director.

M-Net is allegedly excluding white students from applying for one of the 20 internships for 2016 - up from 12 positions this year - saying that applications are "strictly EE (Employment Equity) qualifying candidates only – black, coloured and Indian". Applications close on 11 December.

Trade union Solidarity announced that it will now file a class complaint with the South African Human Rights Commission (HRC) about what it says is "M-Net's discriminating Magic in Motion internship" programme.

"M-Net indicated that only black, coloured and Indian persons would be considered for an internship opportunity. This opportunity excludes all white persons," says Dirk Groenewald, the head of Solidarity's Centre for fair labour practices.

"Our complaint to the HRC is based on the prohibition by law of quotas and absolute limitations as well as the reservation of jobs."

"The explanation M-Net offered to Solidarity is unacceptable and serves as confirmation that they are excluding all white persons, and therefore, they are acting in breach of the law."

"It is totally unacceptable that M-Net supports and implements such discriminating practices. We will request the HRC to give its urgent attention to the matter and will also argue that M-Net should do away with those practices," says Dirk Groenewald. "We also have a social obligation to stand up against those racist practices".

In a statement M-Net CEO Yolisa Phahle says M-Net is not breaking the law and that M-Net "rejects Solidary's claim that out internship programme does not comply with the Employment Equity Act".

Yolisa Phahle says M-Net's Magic in Motion Academy initiative is in line with the Employment Equity Act "which requires us to remove barriers to employment - which is exactly what Magic in Motion does".

"Magic in Motion is one of several interventions we are making to transform the sector, including significant investments in local content and the development of local film production companies."

"We will continue to play a role in building an electronic media sector which is truly representative of all South Africans," says Yolisa Phahle.

Thursday, November 26, 2015

M-Net's Magic in Motion Academy embroiled in a race row; trade union Solidarity slams pay-TV broadcaster over exclusion of white students from internship positions.


M-Net and its Magic in Motion Academy has become embroiled in a row about race with trade union Solidary slamming M-Net, saying the South African pay-TV broadcaster is unfairly discriminating by allowing no white students to apply for academy internships.

M-Net's Magic in Motion Academy (MiM Academy) that started last year has been doing wonderful work with the veteran producer and director Bobby Heaney as the academy's director.

For its second year, M-Net is expanding the landmark internship programme from 12 to 20 positions to give film and TV graduates much-needed and in-depth practical experience as they work closely with some of South Africa's top producers and TV shows.

According to M-Net, applications for the film Academy that closes on 11 December are "strictly EE (Employment Equity) qualifying candidates only – black, coloured and Indian".

According to Dirk Groenewald, the head of Solidarity's Centre for Fair Labour Practices, M-Net's film academy doesn't comply with the provisions of the Employment Equity Act.

"It boils down to nothing but the total exclusion of white people and amounts to a quota system."

"The said legislation prohibits quota systems. Moreover, the courts, including the Constitutional Court, have already found that the use of a quota system as well as the exclusion of people based on the grounds of their skin colour is unlawful".

Dirk Groenewald says Solidarity asked M-Net to amend the Magic in Motion advertisement in order for whites to also be allowed to apply for the internships. Solidarity plans to lodge a complaint with the Human Rights Commission if the MiM Academy requirement isn't changed.

Dirk Groenewald says it is allegedly not the first time that MultiChoice has reserved vacant posts for certain race groups only.

"Multichoice has already advertised a significant number of posts exclusively for specific race groups. It is clear that the race problem at MultiChoice is far more significant than initially thought."

Asked why M-Net's Magic in Motion Academy internship positions decided to exclude a certain race group, M-Net told TVwithThinus that the focus of the film academy is on previously disadvantaged communities.

"As the MiM Academy is one of M-Net's corporate social investment initiatives, the focus of the initiative is on previously disadvantaged communities".

"However, whilst it is targeted to a pre-determined demographic requirement in line with powerful national transformation objectives, there are also positions and development opportunities at M-Net that are open to a wider pool," says M-Net.

"In this way, M-Net is focused on maintaining its multi-cultural, diverse talent complement".