To
Portfolio Committee on Labour
From
Petros mapapa
Subject
complaint
Date
25 September 2019 12:39 p.m.
Dear Portfolio Committee on Labour,



i hereby like to inform you that our complaint have never attend by any labour official and we are pleading with you Mr sakasa to let us come to parliament to express our pain because this thing is a on going process to the department of labour our 4 memorandum of demands no one attend it as the memorandum was directed to the minister on the 15-05-2019 we march to labour,ccma,and public protector all this institution until now there is no response from their side no reason unknown we plead to you to give us a chance to come to parliament to present our pain.
on the 26-january-2018 we write a complaint letter to your office but until now the is no way forward.
I want to expose corruption/fraud, maladministration, gross dishonesty and neglegency arises in the Southern Cape regions, particularly in George region.

The Southern Cape Community Forum(Socacof) is a registered non- profit- organisation(npo).and a community based organisation(CBO).The Socacof derived its mandate to section 38 in the(bill of rights) in the constitution of South Africa(public interest)and shall be the voice of the voiceless people, for social justice. It also act as a whistleblower where needs arise.
The Socacof was established on the 07/11/2014 in Thembalethu township in George in the Southern Cape regions.
Since 2014, the Southern Cape aggrieved poor/vulnerable private security workers, particularly security workers of George region are pleading for help and protection at workplaces in terms of wages and working condition which are unfavorable.
They also plead for the intervention of the interministerial committee in this matter because
Since 2014 the controversial and dysfunctional George department of labour, George ccma and Cape Town Psira have failed to protect and assist them when the aggrieved workers are visiting their offices to seek protection and complaining on unfavourable conditions they are subjected to at workplaces by their unscrupulous and cruel private security companies(unfair labour practices and unfair treatment).
Thus this is the violation the vulnerable workers' constitutional employment and human rights at workplaces of which is the constitutional mandate of the the department of labour, Psira and the ccma to protect such rights as well as section 26 of the department of labour is to protect the poor/vulnerable workers but they failed to adhere to their ethical responsibilities.
They also failed to give the practical effect of compliance to the non- compliance private security companies of the Southern Cape regions, particularly of the George region.
The poor/vulnerable workers have found themselves in the hell of exploitation, abused, victimised, enslavered(slave labour)and empowered(underpayment and late payment) at workplaces by their cruel companies.This companies do as they wish at workplace without fearing the department, Psira and the ccma because they knew that they protected by the department, ccma and Psira since 2012 .The incompetent and ineffective of the department and Psira inspectors have failed advocacy and protect the vulnerable workers but be biased when dealing complaints of the workers always be in favour of companies as does the ccma the ccma commissioners conducting the ccma proceedings and manipulate and in humiliate complainants in front of the employers to favour the employers in arbitration awards and frauduland settlement agreements to favour the employers.
The Socacof has since 2014 strive to pursueding the department, ccma and Psira to deal and resolved the issue of non- compliance and criminal activities at workplaces as well as to protect the vulnerable workers but failed. We sat around tables to get solutions to stop this matter but failed and sometimes engaged in peacefully protest to delivered memorandums of demands seeking the the interventions of the Government and Ministerial probe in this matter since 2014 but failed.
They Socacof has noted that it is dealing with officials who can't full filed what is claimed by the Socacof.The Socacof have dealt who are dishonest and negligent who seemed to be dereliction of duty and constitutional delinquent.
The Socacof has exhausted every relevant avenue trying to get the matter to an end but also failed and
That was whereby the Socacof noted that, there is a culture of this Government departments and institutions being covering each other.like the office of the Director General in the department of labour (the head of directors and directors and deputy directors) in that office knew about this matter but are reluctant to deal with this matter and the parliament have instructed them but ignored and neglected that call by the parliament.
Psira has sent document to the Socacof showing this private security companies committed non- compliance since 2015 until to date
but Psira has a Legal Service Unit why can't Psira impose legal proceedings to this companies or take the dockets to the Hawks.
In 2015 in the George area 35private security companies where found to be non- compliant and only 3 were compliant, this information was revealed in the Public Hearing was held at the George department of labour on the
20/02/2015. The public hearing was presented by the Employment Conditions Commission from Pretoria who has instructed the former Inspection and Enforcement Services to impose legal proceedings against all the affected companies and exercised section 69(compliance order) of the basic conditions of employment that this affected companies to pay out owing monies to the affected employees from 2012 until 2015.
but those instructions were not adhered to but ignored and neglected by the George labour centre until to date.since then was ongoing and became rife and the department, Psira and the ccma turned a blind eye on it as that is business as usual.
This companies are stealing monies from the salaries of vulnerable workers by means of illegal deductions of which some of the workers are not getting minimum wage and illegal deductions are more than 30%.This illegal deductions to be achieved are materialised by signing an employment contracts and when one is commuting an offence some huge amounts of monies are deducted at the end of the month.
Some Security Officers are working 17/19 hours a shift/day for 7shifts without getting a rest but come end of the month one will get peanuts and no overtime is paid out.
Some Security Officers are getting their salaries late at other month they will get it when the Employer likes ,working without food.when they went to complaint at labour or ccma they faced with disciplinary actions and be dismissed and even lost their salaries whether they lay a complaint at labour or open a case at ccma that money is lost for ever. That is how this companies be rich is through acts of extortion/illegal deductions which are drafted in employment contracts.
Some of the Guards are getting their salaries after finishing a second duty roster thus gives poverty as the slave worker and hinder the ability to perform as the worker.
Workers are subjected to critical and serious injuries at workplace and some of them are not reported to labour, but when reported those claims will be manipulated and medical records/reports will be defrauded by the officials of the compensation fund and the George hospital's Occupational Therapistm and Hospital administration officials so that they could benefit unduly on those claims.
Injury on duty and sickness that has caused death in this security industry here in George but all those who were critically injured and those were sick and others death were never paid out their claims.I talk about claims from 2008, 2012, 2013, 2016 and 2019.
This companies are not registered on the department of labour's data base and to all other relevant legal requirements to operate a business, but this companies here in the Southern Cape regions, particularly in George region they are given that preference to operate illegal without given licences and compliance certificates to operate. Sometimes given a procurement tender to render a security services at a Public Entity without following due procurement tender processes in terms of the Public Service Act and the Public Fund Management Act by the Supply Chain Management of the Government departments . Example of that, the given this security tenders to fly by night security companies by the George Municipality without following due processes.
This companies are not compliant and not registered with the ff:
SARS,Uif,Coida,Psira,Provided fund,.
They deduct uif and provident fund and the risk allowance from the workers' salaries but not sent this monies to the fu and entities. When people resigned, retrenched or dismissed and claim their benefits, their names are not seen on the systems. When people got sick,injured or became death at workplace and submit a compensation fund claim nothing is been paid out but deductions are made by the companies. This is the violation of section 13A of the compliance strategic of the pension fund act. But Psira,ccma and the department are turning a blind eye on this matter. This is an ongoing matter which is failed by the Director General of the department of labour to deal with and sent it to parliament for consideration.
Since 2015 the Minister of labour has never attended not a single call by the aggrieved private security workers
The Socacof has reported the matter since 2015 to the two(2) chapter nine(9) institutions which were instituted by the people's parliament and to the two(2)judiciary system the George legal aid board and the department of justice but came to no avail.
As I write this story there is a crisis in the George Municipality, the private security workers of three(3) private security companies rendered security services for the George Municipality are on strike and are sitting at home without an employment, they want to be insourced by George Municipality due to this companies subjected them to unfair labour practice and unfair treatment at workplaces.
This companies are here not to serve and create employment but to to enriched themselves and left vulnerable workers to be poorer.
The Socacof has noted that , this dysfunctionality and inactions against this narrative(non-complkance)companies was transpired by corrupt- relationship by the Government departments and institutions with the private businesses that found in the forums called the Provincial Industries Compliance Forum(PICF) which was formed by Psira in Cape Town on 2012.And this forums' mandate is to educate and deal with the non- compliance amongst the stakeholders within the Forums, the industry and the Public.
And this Forum is made of 21 stakeholders including the Psira, department of labour, the ccma,the public protector, municipality and to extent there are also three(3) vital law enforcement agencies in that Forum like the:
1. the state security(as the observer)
2. the hawks
3. the saps but it confused that there is criminality and non- compliance which is rife and ongoing in the security industry since 2014 and complaints are continuously submitted to end this non- compliance and there is law enforcement agencies which are quiet to deal with this matter. The Socacof has every forensic evidence of this non- compliance and extortion activities and gross dishonesty, maladministration and neglegency by the department of labour, ccma and Psira Officials
The Socacof has forensic evidence that it received from Psira and the Employment Conditions Commission after had demanded it.
That is why the Socacof wrote this story to the Media so as the media and the investigative journerlists could come and get every relevant information and evidence from the Socacof.
The Socacof requesting the media to the evidence and information to expose and account the authorities because:
It is been five(5)years now since 2014 nothing has been done to resolved and end the matter. And the situation has became the matter of lack/poor service delivery which is the public concern, of which the Socacof has a moral responsibility to question on be half of the public interest, particularly when there is a dereliction of duty and the constitutional delinquent by the department of labour, ccma,Psira, public protector, south African human rights commission, department of justice, south African legal aid board and municipality
The Socacof is also pleading with the media and the national public
to keep this posting viral for a week so as the entire country and parliament could know what is happening to the poor and the ordinary people of the SouthernCape regions, particularly of the George region because this is in the public interest. The Socacof is also calling for the urgent intervention of the inter ministerian committee to come to George and the other part of the Southern.Cape. you can check our protest march in georgeherald paper about what we are talking about,just check for southern cape community forum.

The Socacof request the Media and the journerlists to focus from the story of the private security workers and Minister of labour in terms of his departments ,labour, ccma and Psira being failed and violated their ethical responsibilities.
Posted by:
The Secretary General(Socacof)
Mr Petros Mapapa
Cell: 071 046 6059
Email: socacof52@gmail.com