Simple as SABC: board spurns minister’s plea to rethink retrenchments

The SABC board has rejected communications minister Stella Ndabeni-Abrahams’s suggestion that the broadcaster go back to the negotiating table with unions over retrenchments.

The board has not only rejected her assertion there was an “impasse” over the implementation of the section 189 process, but turned the tables on the minister by suggesting she considers employing affected workers in her own ministry, or elsewhere in government.

Ndabeni-Abrahams wrote to SABC board chairperson Bongumusa Makhathini last week, sending the broadcaster back to negotiations with labour unions with instructions to resolve, through mediation, a stand-off over retrenchments.

Ndabeni-Abrahams also told the board to produce a plan to “upskill, reskill and train affected staff for redeployment” into areas such as digital broadcasting migration and content development.

Writing a letter in response, Makhathini revealed the redundant positions were diverse, from support divisions, including human resources, corporate affairs and marketing, and finance, to secretarial and administrative roles that were not related to traditional broadcasting roles such as presenters, producers, journalists and reporters.

The letter is dated January 30.

There is a compelling, irrefutable rationale for the SABC to execute a section 189 process, for both business and sustainability reasons.

—  SABC board chairperson Bongumusa Makhathini

While affected employees in the core business roles would have the additional option to explore freelance contracts where possible, Makhathini said affected employees in support services could be absorbed into similar functional areas within the ministry of communications and digital technologies or other designated government departments.

The SABC board does not view the “difference of opinion” between the corporation and organised labour on the section 189 process as “an impasse” or “dispute”, because the process has been concluded and is being implemented, with staff applying for vacancies and several early retirements already having been accepted, he said.

The difference of opinion between the SABC and organised labour on the process was to be expected by virtue of conflicting interests in the matter, added Makhathini.

His letter reveals interviews have started and offers were being made.

“It is accepted by all stakeholders that the SABC’s total staff complement and its structures are bloated and the compensation bill is unsustainable. There is a compelling, irrefutable rationale for the SABC to execute a section 189 process, for both business and sustainability reasons,” said Makhathini.

“Since there is a contrary position from organised labour to totally reject any section 189 process, it was not possible to reach common ground,” he said.

He also reminded the minister the SABC’s section 189 consultation process was facilitated by the CCMA, and the commissioners declared the process fair and claims by unions that the process was not fair were unsubstantiated. Makhathini cited the labour court which dismissed Bemawu’s application, with costs, to declare the section 189 process unfair and to suspend it.

The court said it was satisfied the SABC conducted itself properly in the process, provided all the consulting parties with sufficient information, and constructively engaged with the view to reach consensus on all the consultation topics.

“Its financial position was clearly disastrous and restructuring, no matter how one may look at it, was essential.

“It substantially reduced the number of affected employees in the course of the process as it was willing to compromise, to ensure a fair process. Its conduct is not open to legitimate criticism,” said the labour court in December.

The SABC reduced retrenchments from 600 to 303 during an extended consultation process in December.

The board appears open to mediation when it comes to the four alternatives it proposed to enable future job protection.

These are: salary increase freeze across the organisation for one to three years, subject to the SABC breaking even; reducing annual leave days of staff in management roles from 35 calendar days to 28 calendar days, which would save the company R13.7m per annum; stopping the practice of converting leave into cash, which would save the company R21.8m per annum; and reduction of sick leave.

“With regards to the request for the sessions on the four alternatives to be facilitated by two senior labour commissioners, the SABC proposes that one of the senior CCMA commissioners (who were part of the original process) and the external labour expert that was used during the 30-day extension consultations should be used,” wrote Makhathini.

He said a recommended starting point for meaningful engagement would be to obtain a written response from organised labour regarding the four alternatives, or any other alternatives they wish to table.

Makhathini warned the process of consulting on the four alternatives cannot be used to reopen the Section 189 process.

On the implementation plan for the upskilling and reskilling of the affected employees that will be placed in vacant positions, where they will require additional skills, Makhathini told Ndabeni-Abrahams the SABC will integrate this in its Workplace Skill Plan and Annual Training Plan.

“As for those not placed, these details can only be finalised once the mapping relative to the remaining opportunities has been determined.

“This will be preceded by confirmation of willingness and capability relative to the demands of the development gap,” he said.

A budget of R14m for the next financial year has been set aside, and will be deployed accordingly, and the needs integrated into the Workplace Skills Plan of the next performance cycle, said Makhathini.