SACP welcomes court judgment against humiliation of Palesa Chubisi, calls upon the SABC to treat workers equally and fairly

Against retrenchments

The South African Communist Party (SACP) reiterates its resolute support to the workers and trade unions at the South African Broadcasting Corporation (SABC) in the fight against the retrenchment of hundreds of workers. Co-operation by the trade unions at the SABC and unity of all workers are essential in pursuit of common interests, including the struggle against the retrenchments. The SACP commends the trade unions at the SABC for working together and for approaching the courts to interdict the public broadcaster. Mobilisation for a strike at an appropriate time should the SABC remain intransigent is also necessary, as the Communication Workers Union (CWU) has said. We are in constant consultation with the CWU in support of the workers’ struggle against retrenchments and their legitimate concerns on other important matters.

The SACP is calling upon the SABC to return to the table to engage with the trade unions, and this time meaningfully in a joint consensus-seeking process to avoid the retrenchments and adopt alternatives.  

The retrenchments will affect the downtrodden, if the SABC proceeds to retrench the workers. This will contribute to South Africa’s rising, crisis-high unemployment. In the first quarter of 2020, the country had a population of 10.7 million unemployed active and discouraged work-seekers, according to the Statistics South Africa’s (StatsSA’s) Quarterly Labour Force survey for that quarter. In the second quarter, 2.2 million jobs were lost, said StatsSA in its Quarterly Labour Force survey for that quarter. While the national statistical authority is yet to release its Quarterly Labour Force survey for the third quarter, all indications suggest the jobs bloodbath is continuing, with establishments such as the SABC intransigently pushing retrenchments. The SACP reiterates its call to the trade union movement across the economy, in public service and industrial sectors, to unite in the common interests of the workers. To take this forward, a joint summit of the entire progressive trade union movement is crucial towards a structured common programme of action against the jobs bloodbath, economic exploitation and austerity. 

Protection of public broadcasting mandate      

The SABC is a public broadcaster. The hollowing out of its programme and news content (gathering on a nationwide basis) and production capacity through measures such as retrenchments and neoliberal restructuring will negate the heart of its public broadcasting mandate and reduce it to nothing but a content procuring agency subordinate to commercial interests. A detailed examination of the intransigent retrenchments drive at the SABC suggests something to that end could be at play, underneath the surface. This calls for a thorough scrutiny, going to the root, and renewed mobilisation in defence of public broadcasting. The SACP will take this forward in consultation with the trade union movement and other social forces interested in defending the SABC’s public broadcasting mandate.

Humiliation of Palesa Chubisi, wasteful and fruitless expenditure

It is unacceptable to commit wrongdoing and violate human and workers’ rights under the pretext of fixing past errors.

The SACP welcomes the Labour Court judgment delivered on Monday, 2 November 2020, against the humiliation at the SABC of Palesa Chubisi by the powers that be. The money that the SABC now must pay to comply with the cost order by the court amounts to wasteful and fruitless expenditure that could have easily been avoided. Those who were involved must be held to account for their actions. The SACP further calls upon the SABC to treat workers equally and fairly, including the 13 others who, like Chubisi, may have been affected by the incompetence displayed in the public broadcaster’s handling of her matter.

While on air broadcasting SA Today on 19 October 2020, Chubisi received an email instructing her to leave. As the court found, the microphone was literally unplugged while she was in the middle of a live show broadcasting it. The SACP strongly condemned this cruelty to a human. The SABC introduced a notion unheard of, and foreign in South Africa’s labour law, the so called “non-recognition of a contract of employment”, the court found. The SABC followed that draconian notion to attack Chubisi’s constitutional right to dignity in full view of the public.

As if that were not enough, the SABC ignored the binding remedial action of the Public Protector on the crux of the matter. Following her investigation into allegations of irregular appointments at the SABC, the Public Protector directed the SABC (1) to act in line with its own recruitment prescripts to confirm Chubisi’s appointment in the position of Producer/Presenter; (2) or place her in a position commensurate with her level within SABC; (3) or migrate her back to the position of Producer/Presenter at Lesedi FM Radio Station; (4) or to take any further steps as provided for in labour law. The reinstatement of Chubisi with immediate effect by the court is a strong lesson and a warning against incompetence and managerial arrogance at the SABC.