Management at SAA Technical (SAAT) is continuing with efforts to try to pay employees at least 50% of their salaries due for March, but at this stage, is still waiting for details of "anticipated funding" from its shareholder, the Department of Public Enterprises (DPE).

This is according to a letter to SAAT employees dated 18 March and seen by Fin24.

Unlike its parent company, South African Airways (SAA), SAAT is not in business rescue. Its operations, therefore, fall outside the domain of SAA's rescue practitioners.

In the letter, SAAT interim CEO Terrance Naidoo informs employees that the company and its employees continue to face "unprecedented times that do not only ask of us to work as one, but also to maintain resilience and courage to overcome them".

"SAAT continues with the recoveries of outstanding payments from our customers for the services rendered to them by us. As part of our recovery efforts, the company has put affected customers on terms to have monies owed to SAAT paid. Funding available to SAAT at this stage is limited, and the exco [executive committee] continues to recover more payments to SAAT in order to meet 50% payment of salaries, as a minimum," states the letter.

"Exco is aware of the individual letters of relief issued to employees stating that it was anticipated that the much-needed funding of SAAT operations from our shareholder would be processed before the end of March 2021, so employees can also be able to pay their creditors. Exco takes full ownership of the contents of such letters as it was based on our considered view and information available to exco at the time."

The letter states that engagements with the SAA board and shareholders are ongoing.

"At this stage, details around the anticipated funding are still awaited. It has come to our attention that there are views that SAAT management prioritise payment to service providers at the expense of employees, and this is definitely not the case. As you may be aware, payments or contributions to pension funds, SARS and other service providers remain outstanding where SAAT made deferred payment arrangements with affected parties."

The letter also states that SAAT have no choice but to continue purchasing requisite spares in order to enable continued operations. It is out of such operations that it can generate much-needed revenue, though limited at this stage.

'Not looking good'

Previously, before the latest letter dated 18 March, it was indicated to SAAT employees that they might get only 25% of their salaries this month.

Derek Mans , organiser for aviation and defence at union Solidarity, said on Wednesday that reduced payment is regardless of employees having worked full roster schedules. In February, only about 50% of salary amounts were paid.

"SAAT employees have basically become creditors of the company. Should something happen to SAAT and it goes into business rescue, provisional liquidation or liquidation, employees can be regarded as creditors. This is because the rest of their salaries are owed from before any such proceedings might be activated," explained Mans.

Due to pension fund contributions for employees of SAAT not having been paid since September 2020, one of the funds is seemingly considering liquidating, according to Mans.

He pointed out that it is a criminal offence not to pay pension fund contributions unless an agreement in that regard has been reached.

"Last year we went to court on a similar situation at Denel, and the court found the company liable to pay such contributions," said Mans.

The salaries outstanding from September to December 2020 amount to about R159-million and that number is still growing.

"It is not looking good at SAAT. Our efforts to secure a meeting with the board were not successful. We have secured a meeting with the DPE," said Mans.

Solidarity's legal team is considering taking legal action against SAAT similar to the recent action undertook against Denel due to the outstanding salaries. In tha...

The Speaker of the National Assembly will write to parties represented in the National Assembly to nominate members to serve on the committee that will institute an inquiry into Public Protector Busisiwe Mkhwebane 's fitness for office.

On Tuesday, the National Assembly voted in favour of an inquiry to impeach Mkhwebane, as per the recommendation of an independent panel which found prima facie evidence of misconduct and incompetence on her part.

But the vote wasn't without controversy with the African National Congress (ANC) clearly divided on the matter. While no ANC MPs voted against the inquiry or abstained, only 168 of them voted. The ANC has 230 seats.

At Thursday morning's meeting of the National Assembly Programming Committee, MPs heard that it would still take a few days to obtain the list of MPs who participated in the sitting, because it was a hybrid sitting, with some MPs in the National Assembly chamber and others on a virtual platform.

Before Tuesday's sitting, ANC chairperson Gwede Mantashe was said to have given ANC MPs clear marching orders: They must support the inquiry.

On Thursday, ANC secretary-general Ace Magashule told KwaZulu-Natal radio station Gagasi FM there would not be any repercussions for the MPs who defied Mantashe's diktat because they did the right thing by not "sleeping with the enemy", TimesLIVE reported.

He said the ANC, through its national working committee (NWC) or national executive committee (NEC), had not finalised the matter, so there wasn't an official party line.

At the programming committee, Democratic Alliance chief whip Natasha Mazzone , who started the process when she lodged a motion for Mkhwebane's removal in February 2020, asked for a timeline of how the committee conducting the inquiry would proceed.

Secretary to the National Assembly, Masibulele Xaso , said Modise would write to the political parties so they could submit names of members who would serve on the committee.

"Members will recall that the rules on this process have already established a committee, and what remains is for the committee to be constituted and for the speaker to make a determination of the size of the committee," Xaso said.

"I can indicate the speaker's inclination is for all the parties possible to participate in the process, but you could have an arrangement where you have voting members and non-voting members."

He said Modise would communicate this in "clear terms".

Once the committee has met and elected a chairperson, it will determine its programme and the timeframes of its work.

The Special Investigating Unit (SIU) has been given the go-ahead by President Cyril Ramaphosa to investigate corruption, malpractice and maladministration in the North West Department of Public Works and Roads and to recover any financial losses suffered by the department.

Ramaphosa recently signed a Proclamation authorising the SIU to look into transactions which took place between 2016 and March 12, 2021.

The investigation will focus on the contracting of services relating to project management for the Transport Infrastructure Directorate of the Department, the rehabilitation of flood-damaged roads infrastructure in the province, and the installation of perimeter fencing at the Eagle Waters Wildlife Resort, and related payments.

Any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department or the State will also be scrutinised.

The SIU will exercise all its legislative powers to subpoena, search and seize evidence, as well as interrogate witnesses under oath during the investigation.

President Cyril Ramaphosa described the late King Goodwill Zwelithini KaBhekuzulu as a soldier in the war against gender-based violence (GBV), saying he was a great visionary and had deep insights on how best to develop the country and its people.

Ramaphosa was delivering the eulogy during Zwelithini KaBhekuzulu’s memorial service at the Khethomthandayo Royal Palace in Nongoma, in KwaZulu-Natal.

Zwelithini KaBhekuzulu, who suffered from diabetes, died in hospital last week and was buried on Wednesday night during a private ceremony attended by males.

Ramaphosa explained that Zwelithini KaBhekuzulu, in December last year, signed a pledge to fight GBV, child abuse and human trafficking.

Zwelithini KaBhekuzulu championed men’s dialogues as a way of confronting the attitudes and practices that led to the abuse of women and children, Ramaphosa said.

“His majesty had faith in his country and its future. He had the faith to believe that we as a people and as a nation would win the battle for development, progress and social justice. He did believe that we would triumph against poverty, inequality and unemployment. He believed that we would be triumphant against gender-based violence and femicide,” he said.

Ramaphosa described the late King as a champion of development and progress and someone who advocated for better health outcomes among his people, leading from the front in the fight against HIV, AIDS and TB by founding the Bayede Trust, which works to mitigate the impact of HIV and AIDS throughout KwaZulu-Natal.

Ramaphosa said the Zulu people were in mourning and the country shared in their sorrow.

His Majesty’s Role in Culture

Ramaphosa said the King will be remembered for being a staunchest defender of his people while advancing the Zulu culture, customs, traditions and a deep sense of identity and nationhood.

Zwelithini will also be remembered for his role in bringing peace and stability to KZN during difficult times.

“As a leader, he preached peace and unity and abhorred violence and its consequences,” Ramaphosa highlighted.

He said the King is celebrated across Africa because he valued diversity and respected the cultures of other kingdoms and nations.

“His Majesty worked to quell tensions between locals and foreign nationals, because he strongly believed that the country’s laws on migration and employment should be respected; but he also spoke out against violence directed at foreigners. His Majesty has left us, but his legacy lives on. It is a rich and proud legacy, and one for which he will forever be remembered,” Ramaphosa said.

The Fix the Patent Law (FTPL) campaign will take to the streets on Thursday to picket at the Department of Trade, Industry and Competition (DTIC) to pressure the department to fix South Africa’s patent law to accelerate access to medicines.

The FTPL campaign is represented by the Cancer Alliance, Médecins Sans Frontières, the People’s Health Movement, SECTION27 and the Treatment Action Campaign.

The picket will start at 10am, in Sunnyside, in Pretoria and FTPL has assured that Covid-19 protocols will be observed.

The movement wants the DTIC to temporarily stop granting patents on Covid-19-related products as they are proven effective and to make the licensing of Covid-19-related health products with existing or pending patents automatically compulsory.

The campaign argues that South Africa has an outdated patent law system that acts as barrier to access to medicines, which is a component of the right to access to healthcare.

“Covid-19 has spurred a global health crisis that disproportionately affects working-class and poor people. Patents, and other intellectual property instruments, can act as obstacles to accessing lifesaving medicines and other technology because they protect manufacturers from competition, keep prices of medicines high, and contribute to artificial scarcity,” the campaign explained.

Sustained patent reform is necessary to improve access to medicines, not only during the Covid-19 pandemic, but also for HIV, tuberculosis and cancer, the FTPL added.

Vaccines and Infectious Diseases Analytics Research Unit at the University of the Witwatersrand director Professor Shabir Madhi has warned that despite early successes with Covid-19 vaccines, further research is needed for a next generation of Covid-19 vaccines.

Second-generation vaccines are technology and design innovations that can protect against the constantly evolving variants that cause Covid-19 disease.

A South African study on the Oxford-AstraZeneca Covid-19 vaccine study has shown that the vaccine does not have at least 60% efficacy against mild-moderate Covid-19 owing to the B.1.351 (N501Y.V2) variant, first identified in South Africa.

However, the World Health Organization has recommended that the vaccine still be used in countries with the new variant as it could still protect against severe infection, hospitalisation and death.

“Despite the disappointing finding that the AstraZeneca vaccine did not protect against mild Covid infection because of the B.1.351, peer review and publication of our research validates the findings and makes a compelling case for the development of second-generation vaccines worldwide,” said Madhi.

The study has been published in the New England Journal of Medicine following peer review.

Madhi said the findings of the study are a turning point in Covid vaccine development – and a rude awakening.

“This one small South African study has alerted the world to the fact that second generation Covid-19 vaccines will be required to provide protection against inevitable and persistent SARS-COV-2 variants. If we had not conducted this trial in South Africa, the world would be none the wiser,” he added.

KwaZulu-Natal Premier Sihle Zikalala has cautioned the public that, although King Goodwill Zwelithini 's funeral is important for many people, the Covid-19 pandemic is a real threat to lives.

"We also wish to remind all dignitaries, visitors, and guests that we are under Alert Level 1 of the Covid-19 regulations and that we are still faced by the real threat of the third wave," he warned on Wednesday.

Zikalala was speaking ahead of Zwelithini's funeral, which is scheduled for Wednesday evening. A memorial service is scheduled for Thursday.

"We are thus expected to observe all the relevant restrictions, including sanitising, [practising] social distancing, and the wearing of masks at all times."

He said Covid-19 regulations had to be followed strictly.

He said: As we say goodbye to His Majesty, government will ensure that all laws and regulations are observed to ensure the safety and security of the royal family and that of all distinguished guests and mourners during the service of King Goodwill kaBhekuZulu .

"We will do everything to ensure that His Majesty's service is not used as a reason to break any laws and regulations of our country and measures are in place to ensure that maximum safety and security is observed at the service."

Zikalala said respect for Zwelithini was paramount.

He continued: In whatever way we choose to pay our last respects to His Majesty, we must do so with the appropriate decorum and dignity that does not, in the end, sully the legacy of His Royal Highness, or indeed place his family and other mourners in danger of contracting the virus.

"As we contend with this difficult and emotional moment of having to traverse the twists and turns of life without the physical presence of His Majesty the king, we who have felt the warmth and a sense of renewal at every interaction with the king, must let his teachings of respect, honour and conducting ourselves with decorum guide us."

Thanks to those who paid respects

He said that since Zwelithini's death, "hundreds of people have descended on the royal residence KwaKhethomthandayo to pay their respects to the king and to personally convey their condolences to the king's family and the nation of AmaZulu".

"We wish to thank all individuals and organisations from South Africa and the rest of the world who, in person and in messages, have conveyed their own sense of loss at the passing of His Majesty and sent words of comfort to the royal family and the people of KwaZulu-Natal."

Zwelithini died of Covid-19-related complications after a long stay in hospital and ICU for a diabetes condition.

He was the longest-serving monarch, ramping up nearly 50 years of rule. He first took up the position in his early 20s.

President Cyril Ramaphosa cannot hide behind the veil that the so-called CR17 election campaign was part of a private political matter, as winning the African National Congress (ANC) elective conference paved the way to take up the top position in the republic.

This was one of the arguments advanced by the Economic Freedom Fighters's (EFF's) counsel in the party's bid to unseal bank statements linked to the CR17 campaign. The matter is being heard in the Gauteng High Court in Pretoria on Tuesday.

Advocate Ishmael Semenya , SC, for the EFF, told the court the respondents were conflating issues around the campaign being private as it was part of a private political party running its own elections.

This is because the party would still have had to adhere to the Electoral Act and submit its National Assembly candidates, of which Ramaphosa would have been number one, given that he had won the 2017 ANC election at Nasrec.

Semenya added that when the CR17 campaign went out to seek donations it did so to accelerate the position of Ramaphosa to ANC president, and if successful in the general elections, he would assume the position of president of the country.

'Secrecy enables corruption'

Semenya said that while the EFF was not making any submissions or insinuations that there is anything untoward about the donations, it was arguing that open justice as a tenet of law should be upheld and therefore, the statements ought to be in the public domain.

To further his argument, Semenya quoted a paragraph from the My Vote Counts Constitutional Court judgment, which required political parties to disclose their funders.

"Secrecy enables corruption and conduces more to a disposition by politicians that is favourable towards those who funded them privately once elected into public office. This is likely to flourish even where information on private funding is 'held' at the discretion of the funded and unlikely to be exposed to the light of publicity..."

The EFF also placed it on record that the Public Protector's conduct around the CR17 bank statements should not come into the equation, but said at the heart of the application is the public's right to access the documents for scrutiny.

While Ramaphosa has not opposed the application by the EFF, the CR17 committee and Financial Intelligence Centre have argued that the statements should not be unsealed in order to protect the privacy of the donors.

The court application continues.

The Constitutional Court has dismissed Public Protector Busisiwe Mkhwebane 's application for direct access to appeal the Western Cape High Court ruling that didn't grant her interdict to stop the parliamentary inquiry into her fitness for the office she holds.

The ruling states that Mkhwebane didn't make a case for direct access to the court. The order is dated 10 March. The court made no ruling on costs.

Last year, as Parliament's removal proceedings against her got underway, Mkhwebane brought a two-part court application.

In the first part, she asked the court for an interdict to stop the removal proceedings. In the second part, she asked it to declare the rules the National Assembly adopted for removal proceedings in December 2019 unconstitutional and invalid. This will be heard later this year.

In October, Judge Vincent Saldanha ruled, with Judges Monde Samela and Elize Steyn 's concurrence, that there would be "serious prejudice to the public interest, coupled with the separation of powers harm to the National Assembly if the process does not ensue".

Saldanha said the relief Mkhwebane sought would not only impact on her position, but prevent the National Assembly from holding other Chapter 9 institution heads accountable.

"The applicant (Mkhwebane) has, in my view, failed to meet any of the requirements for interim relief," read Saldanha's judgment.

In December, Saldanha, Steyn and Samela dismissed Mkhwebane's application for leave to appeal this ruling, as it had no prospects of success.

Mkhwebane then approached the Constitutional Court for direct access, and in her filings, attacked Judge Saldanha, accusing him of "prejudging" the case against her.

Meanwhile, the parliamentary removal proceedings continued, with National Assembly Speaker Thandi Modise appointing former Constitutional Court Justice Bess Nkabinde , and senior advocates Dumisa Ntsebeza SC, and Johan de Waal SC to the independent panel that should consider whether there is a prima facie case for Mkhwebane's removal.

Relying heavily on the several court rulings against Mkhwebane, the panel found that "substantial information that constitutes prima facie evidence of incompetence" and "repeated errors" and "sufficient information" that constitutes prima facie evidence of misconduct, and recommended that the National Assembly continues with an inquiry into Mkhwebane's fitness for office.

Later on Tuesday, the National Assembly will decide whether to proceed with this inquiry, with the ANC caucus divided on the matter.

In December 2019, the National Assembly adopted rules for the removal of the head of a Chapter 9 institution, such as the Public Protector. Days later, DA chief whip Natasha Mazzone lodged a motion for Mkhwebane's removal with Modise. In February 2020, Mazzone withdrew her original motion, and replaced it with another, with more of what she considered evidence against Mkwhebane.

If the National Assembly decides on Tuesday, with only a simple majority required, to go ahead with the proceedings, MPs will be appointed to a committee to investigate the case for Mkhwebane's removal. This committee can call witnesses and Mkhwebane must also be allowed to answer the allegations against her.

If this committee recommends Mkhwebane's removal, and two-thirds of the National Assembly vote in favour of this, President Cyril Ramaphosa has to remove her from office.

Deputy Public Protector Kholeka Gcaleka would then be acting Public Protector, while the National Assembly appoints a new Public Protector.

African National Congress (ANC) chairperson Gwede Mantashe has given ANC MPs a marching line of order to support the vote to institute an inquiry into Public Protector Busisiwe Mkhwebane 's fitness to hold office.

Mantashe addressed an urgent caucus meeting at 13:00 on Tuesday, where he issued the party's instruction that the vote had to be supported.

Insiders claimed he was firm that the vote was to begin a process, and that it did not determine Mkhwebane's fate.

His address came after several ANC MPs said they would not support the opposition-sponsored motion.

"It was not a discussion. It was an instruction. He did not even take 15 minutes," an ANC MP said.

Mantashe is said to have discouraged MPs from expressing their personal views on the matter.

The vote is expected to take place during a sitting of the National Assembly on Tuesday, which was set to begin at 14:00.