Court dismisses NEASA’s application for leave to appeal with cost

An application for leave to appeal must convince the Court, on proper grounds, that there is a reasonable prospect or realistic chance of success on appeal.

Having considered the merits, Judge Snyman concluded that there is no reasonable prospect that another Court could come to a different conclusion.

Disagreeing with an outcome, Judge Snyman ruled, does not on its own establish prospects of success on appeal.

The events on the day and more specifically the conduct of the President at the Council Meeting, where the agreements were being processed for submission to the Department of Employment and Labour were “clearly motivated by ulterior considerations in pursuit of NEASA’s own objectives.”

Judge Snyman concludes, “I am not satisfied that the applicants have demonstrated any prospects of success on appeal.”

The judgement concludes with Judge Snyman confirming:

“the applicants have shown no reasonable prospect that another Court would come to a different conclusion, and that the applicants thus have little prospects of success on appeal. The application for leave to appeal falls to be dismissed.”

The application, following the same approach as in the original judgement, is dismissed with costs.

Should you wish to scroll through the Judgment click here


SEIFSA and MEMSA join forces to celebrate excellent manufacturers

The Steel and Engineering Industries Federation of Southern Africa (SEIFSA) and the Mining Equipment Manufacturers of South Africa (MEMSA) will celebrate the hard work and dedication of manufacturing companies in their combined 2022 Awards for Excellence Event.

MEMSA has partnered with SEIFSA to recognise excellence, with MEMSA focusing on manufacturers of equipment for the mining industry and SEIFSA recognising companies in the Metals and Engineering (M&E) sector that have displayed innovation, competitiveness, resilience and excellence.

“SEIFSA is calling on employers to have their achievements recognised by entering the Awards for Excellence Event which provides a platform to celebrate the achievements of companies that have thrived despite the many challenges we face at present, including the lingering effects of the Covid-19 pandemic and the ongoing constraints impacting on our sector,” says SEIFSA CEO Lucio Trentini.

“The MEMSA Manufacturing Excellence Awards will showcase South African manufacturers achieving excellence in manufacturing processes and the delivery of customised, quality service to the mining industry, while building local supply chains”, says Lehlohonolo Molloyi, MEMSA CEO

The SEIFSA Award Categories are:

• Most Digitally Innovative Company Award recognises an enterprise using new technologies and demonstrating innovation in their approach to projects and/or its business;
• Most Transformed Company Award for the company that is most transformed in terms of ownership and the composition of its board of directors, executive management and managerial team, as well as skills development and enterprise development initiatives;
• The Best Customer Service Award for the company that receives the highest rating from its customers for its customer service;
• The Workplace Health and Safety Award acknowledges a company’s best-practice approaches and achievement in workplace health and safety;
• The Company Artisan Training Award for the company that has the highest activity in artisan training and development;
• The Corporate Social Responsibility Award for the company whose CSI project has made the biggest impact on the lives of its beneficiaries;
• The Environment Stewardship Award recognises a project in the M&E sector that exemplifies the practices of environmental stewardship;
• The Business Resilience Award for the company that has shown resilience, agility and adaptability in 2021/ 2020 and especially during the Covid-19 pandemic;
• The Young Entrepreneur Award for a business owned by a person 35 years or younger that has demonstrated growth for over two years and contributed to job creation in the industry; and
• The Businesswoman of the Year Award recognises a woman who runs a successful business in the M&E sector and who has contributed significantly to the development of sector.

The 2022 MEMSA Manufacturing Excellence Awards categories will assess customer service, strategic use of technology, building employees and re-industrialising South Africa in four categories:

• Customised Customer Service;
• Localised Supply Chain;
• Manufacturing Solutions; and
• MEMSA Member Manufacturer of the Year

The fourth category, MEMSA Member of the Year, is open to only MEMSA members and will be awarded to the company that has consistently and continuously improved their management, operations, health and safety, and environmental standards in supply to the mining sector during the year under review.

Companies wishing to show-case and share their achievements are invited to enter on-line, entries close on October 05 for MEMSA entries and 21 October for SEIFSA entries. The Awards Event will take place on 17 November 2022.


Business Unity SA (BUSA) statement on Eskom loadshedding

Business Unity SA (BUSA) is extremely concerned by the recent spate of loadshedding, which has, yet again, reached stage 6 We recognise and appreciate that good progress has been made in implementing the Energy Plan announced by the President a few weeks ago, but the economic damage of the ongoing loadshedding is severe and there must be an immediate intervention to deal with the crisis to at least manage loadshedding better. Stage 6 load shedding is a major blow to an economy that is already battling to achieve growth, because of some global headwinds, but primarily because government is still not taking the tough decisions on structural reforms and priority interventions to increase investment and stimulate growth.

BUSA has been urging government to urgently implement identified priority interventions. The second quarter's 0.7% decline in the economy was mostly caused by the continued blackouts, which have made this year the worst on record.

The government needs to move urgently on the following:
• A short-term plan to urgently enable ESKOM to purchase power from all available resources and to step up repairs to plants.
• Fill vacancies on the ESKOM board, with relevant expertise urgently needed on the board. This will instil confidence that government is, at least, addressing this critical governance matter.
• Be more granular and detailed on exactly what is causing the current spate of loadshedding. Are there instances of sabotage? If so, what is being done about this? Are there shortcomings in management or implementation? If so, what is being done about that?
• Identify any critical shortage of technical expertise at ESKOM and fill these. The private sector has consistently indicated its willingness to assist with this, through initiatives like TAMDEV, which has a database of broad experts and is already deploying these into parts of government.

Estimations are that the current loadshedding is costing SA around R 4 billion a day! The country cannot afford this, and it is exacerbating an already strained socioeconomic situation. Small and medium businesses are experiencing severe difficulties, and many may not be able to recover from this. Also, the disruption to the day-to-day lives of ordinary citizens is severe.

Business is assisting government with the President’s Energy Plan, and we are ready to support immediate interventions to address the immediate crisis, or at least ameliorate it. We await government’s lead!