SAIPA is aspirational, approachable, relatable and proud.
SAIPA is excited to be APSO's premier business partner in developing future-ready accredited professionals who ethically create client value.

 

1 March 2022

The national minimum wage is now R23.19 for each ordinary hour worked, representing an increase of 6.9% from the minimum wage set in 2021.

Unlike in previous years, no specific worker groups have been provided exceptions, with the minimum wages for domestic workers and farmworkers now also set at R23.19 for each ordinary hour worked as part of a planned equalisation. The hike represents a 21.5% increase for domestic workers.

The adjustments follow recent proposals published by the National Minimum Wage (NMW) Commission which recommend that domestic worker salaries be increased to 100% of the National Minimum Wage.

Under the Act, the minimum wage for domestic workers was initially set at 75% of the National Minimum Wage in 2020. The Commission proposed increasing it to 88% of the national minimum wage in 2021 and 100% in 2022.

Workers employed as part of the expanded public works programme are entitled to R12.75 per hour.

In terms of the law, it is an unfair labour practise for an employer to unilaterally alter hours of work or other conditions of employment in implementing the national minimum wage.

The national minimum wage is the amount payable for the ordinary hours of work and does not include payment of allowances (such as transport, tools, food or accommodation) payments in kind (board or lodging), tips, bonuses and gifts.

The increase comes at a time when South Africans facing increased costs led by a combination of local and international factors.

FNB says that poorer South Africans, including those earning minimum wage, are likely to be particularly hard hit in the coming months as more of their monthly earnings go to necessities such as electricity and transport costs.

 

27 February 2022

The changes take effect from 1 March 2022 alongside recent changes to South Africa’s minimum wage.

These wages establish the minimum baseline across the sector and workers can earn significantly more based on their position and the company that they work for.

Workers are also paid in accordance with what part of South Africa they are based in.

  Covers
Area A Areas around Bergrivier, Breede Valley, Buffalo City, Cape Agulhas, Cederberg, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane, Drakenstein, Ekurhuleni, Emalahleni, Emfuleni, Ethekwini Metropolitan Unicity, Gamagara, George, Hibiscus Coast, Karoo Hoogland, Kgatelopele, //Khara Hais, Knysna, Kungwini, Kouga, Hessequa local authority, Lesedi, Makana, Mangaung, Matzikama, Metsimaholo, Middelburg (Mpumalanga), Midvaal, Mngeni, Mogale, Mosselbaai, Msunduzi, Mtubatuba, Nama Khoi, Nelson Mandela, Nokeng tsa Taemane, Oudtshoorn, Overstrand, Plettenbergbaai, Potchefstroom, Randfontein, Richtersveld, Saldanha Bay, Sol Plaatjie, Stellenbosch, Swartland, Swellendam, Theewaterskloof, Umdoni, uMhlathuze and Witzenberg.
Area B  All Areas not listed in Area A.

The below table shows the monthly wages for workers in both Area A and Area B:

Driver type Area A Area B
General assistant/Trolley collector R4 521.70 R4 521.70
Security guard R4 521.70 R4 521.70
Forklift operator R4 521.70 R4 521.70
Merchandiser/Shop Assistant/Checker/Deli Assistant R4 521.70 R4 521.70
Cashier R5 003.32 R4 521.70
Clerk/Sales Assistant R5 888.55 R5 188.55
Displayer R6 112.78 R5 016.96
Supervisor R7 241.74 R6 296.07
Trainee manager R7 822.80 R6 730.88
Assistant manager R8 514.99 R7 413.22
Manager R9 337.83 R8 039.23

While supermarkets remain some of the largest employers in South Africa, there is a growing gap between the highest and lowest-paid workers.

To remedy this, retail groups have announced initiatives to close the wage gap, while the government plans to introduce new legislation to force South African companies to report pay differences between executives and workers.

In October, Woolworths detailed its ‘Just Wage’ initiative, which will see it steadily increase worker wages in the coming years as part of a move to close its remuneration gap.

Data provided by the group shows that South Africa’s retail sector minimum wage as of 1 March 2021 was around R28.25 an hour. By comparison, Woolworths said that its base pay as of 1 April 2021 was R33.40 an hour.

The group said it now plans to increase this base pay to a target of R41.25 an hour by 2023, which will require an additional R120 million investment. This is well above the country’s minimum wage, which is currently set at R21.69.

“Last year, the Woolworths South Africa’s (WSA) base pay was 47% higher than the South African minimum wage rate and 13% above that of the retail sector.

“To further accelerate the improvement in the lives of WSA store-based employees, we will invest an additional R120 million over a three-year period to adjust WSA’s hourly base pay from R33.40 to R41.25 in 2023 – a 23.5% increase. This investment will bring a meaningful benefit to the more than 20,000 store staff and go a long way towards our ‘just wage’ aspirations.”

 

 
Photo of woman reading an InMail on her phone

Every recruiter has a “one that got away” story — that perfect candidate who just seemed to slip through their fingers. But when that ideal candidate doesn’t even respond to your first outreach message, it can feel especially gutting.

In a competitive talent market, it helps if your emails and InMails (private messages on LinkedIn) stand out in a candidate’s busy inbox. If you don’t make a compelling first impression, your messages probably won’t get opened, let alone answered.

To help find your next great hire and improve your response rate, here are five top tips from veteran recruiters that can improve your outreach messaging efforts.

1. Open strong: A short, catchy subject line leaves candidates curious to see what you have to say

Your subject line is your first opportunity to grab a candidate’s attention — and it can make or break your chances of getting a response.

If a candidate is happy at their current company, they’re not exactly going to leap into action when they read a subject line like “Trying to fill X position” or “Career opportunity.” And in a candidate-driven market where they may be receiving dozens of generic-looking messages, the chances of them opening your generic-looking message are even slimmer.

It doesn’t matter how good the opportunity is if the candidate never gets as far as reading about it. This makes your subject line the most important part of your message to get right.

“The best advice I ever received was to keep the subject line short and punchy,” says Maire O’Connor, an executive talent researcher at Hubspot. “I like to put on my candidate hat and ask myself what would make me want to open a message.”

Keep your subject lines concise. A little intrigue encourages the candidate to open the message to see more, so you don’t want to give too much away up front. And whenever possible, try to build a personal connection — like calling out a shared interest or past employer.

TKTK

A subject line like “Hello from a fellow bulldog owner” immediately signals to the candidate that you’ve taken the time to read their profile beyond their job title. It also makes cold outreach feel a lot warmer, motivating the candidate to at least see what else you have to say.

2. Make a connection: A few personalized touches can increase response rates by 20%

Even if you have a great subject line, a candidate is unlikely to respond — or even read as far as the final line  — if your message was clearly copied and pasted.

“You never want someone to think they’re getting spammed,” cautions Maria Mencias, a senior recruiter at identity and access management company Okta.  

You can still use a template. But the last thing you want is for your message to feel like a template. Luckily, it only takes a few tiny tweaks to dispel that feeling.

Call out a specific article or blog post the candidate has written and shared on social media. Reference something from their background, like a company they once worked for or an initiative they pioneered. It doesn’t have to be something groundbreaking — even a reference to an unusual hobby they list on their profile will do the trick.

TKTK

Again, this strategy works because it shows you’ve done your research. People like to feel noticed, and pinpointing something specific shows you’re really paying attention.

“A few personalized touches,” Maria says, “really help make your message feel tailored to them.”

LinkedIn data shows that response rates increase by 20% when talent professionals personalize their messages, so it’s definitely worth taking the extra time. For in-demand candidates in particular, it might be the thing that sets your job opportunity apart from a dozen others clamoring for their attention.

3. Recognize the candidate’s skills: A little sincere flattery goes a long way

While you’re considering ways to personalize your messages, don’t be afraid to add a little flattery into the mix. When people feel that their skills and efforts are being recognized, they’re more motivated to help others — which, in this case, means responding to your message.  

So, let the candidate know what makes them special. After all, you went to all the trouble of sourcing them, so something must have caught your eye. Be sure to give specifics to show that you’re sincere. Don’t just say “your background is impressive” — mention what exactly is impressive about it and why.

TKTK

Better yet, draw an explicit line between the candidate’s achievements and the reason you’re interested in them — like spotlighting a rare skill that your company needs or expressing that they were referred to you by people in the know.

“Make sure that whatever skill or accomplishment you recognize aligns with why you’re reaching out,” advises Cam Pezet, senior campus recruiter at LinkedIn. “Otherwise, it may cause confusion and drive a candidate to not respond.”

In fact, LinkedIn research found that over half of all candidates expect recruiters’ messages to contain specifics about why their particular accomplishments make them a good fit for the organization. So if you don’t take this step, don’t hold your breath for an enthusiastic response.

4. Be direct and succinct: Include clear next steps and remember that messages between 200 and 400 characters prompt higher response rates

Less is more, as the saying goes. And when it comes to cold outreach, that’s definitely true.

LinkedIn data reveals that InMails between 200 and 400 characters tend to be met with higher response rates. Messages that are over 400 characters, on the other hand, get fewer responses, so keep it short and sweet.

The data also shows that candidates are more likely to respond to you if you hold some of the details back. They want to learn about the opportunity, but don’t give them everything just yet. A small taste will leave them curious to find out more, even if they’re not actively looking for a new job.

While you’re considering what to keep and what to cut, there’s one detail you mustn’t forget to include.

“Keep your message short, and be sure to include clear next steps or a call to action,” says Shiram Gharpure, senior engineering and technical recruiter at financial services company Robinhood.

TKTK

Adding a simple next step or call to action tosses the ball into the candidate’s court, encouraging them to pick it up and toss it back to you.

Be polite and respect that they’ve likely got other things going on, especially if they’re currently employed elsewhere and potentially have childcare or eldercare responsibilities at home. Rather than trying to set a date and time right off the bat, prompt them to provide a few time slots that work with their schedule. If you push, you’ll only succeed in pushing them away.

5. Use your network: Try to highlight connections you have in common

If you reference a former common employer in your first message to a candidate, your chances of getting a response leap by 27%. And something similar happens when you mention a common connection.

“Make sure to use your network first by checking if you have a connection in common,” says Calvin Liu-Navarro, senior technical recruiter at Robinhood.

If you regularly recruit candidates in the same industry and region, there’s a good chance that you do share some common connections. First things first, check if anyone who works at your company also happens to be connected with the candidate. Mentioning that employee’s name is a quick way to let the candidate know that your company is worth checking out — because if their friend enjoys working there, they probably will too.

If that strategy doesn’t work out, see if you share any connections with the people who have endorsed the candidate’s skills or given them a recommendation. Calling out this kind of connection — like mentioning that the candidate’s former coworker recommended them for their amazing coding skills — can also serve as a sincere form of flattery, making it extra effective.

TKTK

If you don’t share any connections, it’s not the end of the world. There are other ways to forge connections.  

“Another way I get responses is by sharing videos I make with hiring managers,” Calvin says. “People love them.”

Make a lasting first impression

You only get one chance at a first impression. Make it a good one by following these simple best practices and strategies.
.................

Authored by Samantha McLaren

Lead Copywriter, Global Impact @ LinkedIn

February 3, 2022

 

16 February 2022

The changes are aimed at ‘unlocking’ new investment in infrastructure by the private sector and form part of the process to amend Regulation 28 of the Pensions Fund Act to enable retirement funds to invest in infrastructure, Masondo said in his State of the Nation debate in parliament this week.

“These amendments introduce more effective maximum limits for the trustees of retirement funds to invest for the long term, in various forms of infrastructure projects,” he said.

“The National Treasury has also completed a review of the Private Public Partnerships (PPP) regulatory framework to improve the pace at which PPP projects are planned and to address regulatory challenges. This will allow greater private sector participation and crowd in higher levels of investment.”

In March 2021, the Treasury published its draft amendments to Regulation 28 of the Pension Funds Act for public comment, detailing the projects in which South African pension funds could soon invest.

Treasury said that the proposed review of Regulation 28 is informed by calls for increased investment in infrastructure given the current low economic growth climate.

The amendments proposed that the overall investment in infrastructure across all asset categories may not exceed 45% regarding domestic exposure and an additional limit of 10% in respect of the rest of Africa.

Treasury has also expanded its definition of ‘infrastructure’, which was previously limited only to part of the national infrastructure plan, which excludes private sector infrastructure and infrastructure in the rest of Africa or abroad. The revised definition is that infrastructure is ‘any asset class that entails physical assets constructed for the provision of social and economic utilities or benefit for the public’.

“This definition takes better account of the United Nations’ Principles for Responsible Investment (UNPRI) and the input from Association for Savings and Investment South Africa (ASISA),” it said at the time.

“The ‘social’ aspect of the definition will accommodate impact investing by retirement funds. Impact investments are investments made to generate positive, measurable social and environmental impact alongside a financial return.”

 

13 February 2022

But this does not necessarily mean a return to the office as was the case pre-pandemic, said John Loos, property sector strategist at FNB commercial property finance.

“Going from ‘abnormal’ restrictions back to freedoms resembling pre-Covid-19 days, I would expect many office employees to return to the office full time or part-time,” he said.

“However, given what lockdown has done to show many people what they’ve been missing out on over the years through commuting to offices, and given that certain companies will see cost-saving opportunities, I would not expect the level of office attendance to get back to where it was prior to 2020 lockdowns.”

Looking forward, Loos said that he expects the following trends to emerge:

  • Firstly, the widespread acceptance of remote interaction as an alternative means that more of us that have always wanted to use it can use it.
  • Secondly, I believe that even many late adopters may have been pleasantly surprised at how well the forced WFH “experiment” has worked.
  • Thirdly, the time-saving in commuting costs when working remotely can for many employees be massive, up to a few hours per day.
  • Fourth, there are significant potential financial cost savings, transport-wise for commuters
  • And fifth, there are potential office space cost savings for companies themselves, and “money talks”.

And what happens after the partial ‘back to the office’ drive?

The longer-term rising work-from-home and work-from-anywhere trends will resume in the coming year, said Loos.

“Let’s ignore the myriad of reasons as to why office employees desire to work from home or the office, or why management wants them back or doesn’t.  The reality seems to be that many employees desire flexibility in this regard, and a significant portion appear to want to work remotely where the job can be done remotely.”

He cited a recent Vidyard/Atomik survey of a sample of Financial Sector employees in North America which found that only 1% of workers that they would prefer to work in the office all of the time, and 5% of respondents would prefer to work in the office some of the time.

96% of respondents said they would give up a part of their salary in order to be able to work from home permanently. “In short, I would expect the longer-term multi-decade trend towards greater work from home, or work from anywhere, to continue,” said Loos.

“This is what has been happening over the past few decades as technology makes a certain group of employees’ mobility ever greater. So, after some normalisation of office work activity following a lockdown work-from-home ‘spike’, I would expect the longer-term rising trend to resume.”

For many employees, it won’t be full-time work-from-home, but part-time work-from-home to a greater degree than prior to lockdown. And with even the office-bound employees spending far less of their workweek in the office, reserving a desk permanently for each employee makes less and less sense, he said.

“Accompanying all of this, I would anticipate that the office market will continue its long-term trend towards occupying a smaller share of total property stock.

“In the five-year period up to the year 1990, square meterage of office space built amounted to 34.6% of total stock built in the 3 major Commercial Property Sectors (Office, Retail and Industrial). In the 5-years to 2021, this share of total had already shrunk to 22.1%.”

 

8 February 2022
South Africa Rand Mandela

While South Africa prepares to introduce a new minimum wage in the coming months, it is unlikely to be sufficient to lift people out of poverty. This can be contrasted to a ‘living wage’, which is a wage that is sufficient to allow workers to maintain a frugal but dignified standard of living, says professional services firm PwC.

This represents a wage that is enough to cover the expenses of food, water, housing, education, healthcare transport, clothing and other essential needs.

While there is currently no official definition of a living wage, PwC looked at three different measures to help come to a figure, including:

  • International living wages adjusted for the cost of living;
  • Data from the Decent Standard of Living Project;
  • The living wage published by Trading Economics.

International living wages adjusted for the cost of living

PwC performed a statistical analysis on the published living wages of 256 European countries to determine a proxy South African equivalent living wage by applying a cost of living and exchange rate adjustment.

The group calculated this based on two household types:

  • The first represents the standard nuclear family with two adults and two children. It is assumed that one partner is a full-time worker and the second works four days a week
  • The individual living wage represents the gross monthly income to support a household with a single individual, without children, employed full-time.

To make the analysis more meaningful to South African employers, PwC included the following additional data points:

  • One person contributing to a family: To determine what one adult in full-time employment should earn to maintain a standard family of four;
  • Family of five: The standard family calculation was adjusted to include an additional non-working dependant;
  • Family of six: The standard family calculation was adjusted to include two additional non-working dependants;

The data shows that a single person will need to earn anywhere between R5,582 to R9,648 per month to earn a living wage. This figure increases to between R6,972 and R12,756 for a family of four.

A family of six people will need a living wage of between R17,232 and R32,271.

The Decent Standard of Living Project

According to research partners Studies in Poverty and Inequality Institute (SPII), Labour Research Service and South African Social Policy Research Insights, the average South African needs to earn R7,911 or more per month in order to maintain a decent standard of living (DSL).

The DSL is defined as living in a South African household with 21 socially perceived necessities (SPNs) that have been determined as essential for everyone to have, or have access to, a decent standard of living.

The amount of R7,911 is determined as the median per capita household income of people who a full set of the 21 SPNs.

Other living wages

Economics and financial market data provider Trading Economics estimates the living wage in South Africa to be R6,700 per month for an individual and R10,630 per month for a family.

Its findings are based on the cost of living for a predefined food basket derived from the Food and Agriculture Organization (FAO) database distinguishing 50 food groups with national food consumption patterns in per capita units, for housing and for transportation, with a margin for unexpected expenses. The data about the prices of these items is collected through an online survey.

The group does not provide its own definition of a ‘family’.

The Pietermaritzburg Economic Justice and Dignity group (PMBEJD) has research showing that to feed a family of four with basic foods, and also cover the cost of electricity, transport and basic hygiene products, an individual breadwinner would need to draw in an absolute minimum of R5,885 a month.

The group has in the past argued for a R8,000 per month minimum wage to ensure a dignified life for households.

The PMBEJD’s data shows that 55% of South Africans – some 30.4 million people – are currently living below the upper-bound poverty line of R1,335 per month.

 

Every day. Everywhere.

Candidates are being bombarded with recruiter approaches.

Primarily via InMail and email, but occasionally on the phone.

So constant has this flood of unsolicited contact become, that most candidates do not read the messages. Some have even hidden their LinkedIn accounts.

Yes, recruiters do need to initiate contact with prospective candidates.

The skills shortage is severe, unlikely to abate, and job boards are increasingly ineffective.

So how does a good recruiter differentiate?

Two simple, yet crucial, things.

       1:  Understand what people want from a recruiter.
 

        2: Do not approach them with a job, as every other recruiter does.

Huh? Well, let’s dive in

People only really care about three things when approached by a recruiter. (With acknowledgement to Barbara Bruno for some of these ideas)

  • Do you care about helping them, or is it all about you?
  • Can you be trusted to understand their needs and look after their interests?
  • Do you do what you say you will do? Will you deliver an outcome that they want?

Now, if you believe in those three things, your goal is to put the potential candidate at ease about those concerns as soon as possible. That’s it.

Construct any approach you make with those three needs in mind.

And now the big one. The big secret to candidate outreach or ‘head-hunting’.

Do not approach a candidate with the infamous line “I have a great job for you”, or “I have your dream role”.

The candidate isn’t looking for a job, is she?

Or at least she never asked you to pitch her one, did she? It’s arrogant to assume you know what she wants. How can you possibly know anything? It’s riddled with assumptions. And even if she is considering a move, how do you know what is important to her?

Go back to my point 1) above. If you immediately start selling a job, unasked and unbriefed, with no credibility or rapport building, are you showing you care, can be trusted, and can deliver?

I think not.

When you approach a potential candidate for the first time, you don’t pitch a job like a sidewalk street hustler.

                                                                    You pitch your credibility.

So, start with some commentary on the market. Some insights. Something you know someone in her field would likely be interested in.

Salaries. Market movement. Fresh trends.

Then, and this is the big shiny move.

                                                                   You pitch a career discussion.

Most people in a job are not actively looking for a job (No matter how many exaggerated, unfounded articles you read about the ‘great resignation’. Most people are not moving).

So, pitching a job is like walking up to a dude in the street and pitching the purchase of a specific brand of car. How do you know he wants a car? Did he buy a new car last night? What car would he want? What does he use his car for? What size of family does he have? Does he do sports that need a particular type of car? It’s ludicrous to start spouting what you are selling without first finding out what he needs.

Selling is listening, after all.

Same with a job.

                                                                So don’t pitch a job. Pitch a career discussion.

Short version…make yours better than this;

“We haven’t spoken, Mary, But I specialise in the careers of Digital marketing specialists. Your career to date has been super-impressive, but there is so much new happening in the market that might interest you. Opportunities in your space have boomed, flexible work offerings have changed, job roles have evolved, and there are some fascinating new Tech developments’ many of my clients are experimenting with. So, I thought it might be valuable for you if we set a time to chat about the market, your options and how your career could evolve.”

Just an example.

But you get it, right?

Most people are not looking for a job change right now. But most people (all?) are interested in their careers.

Pitch a career chat, not a job.

And a final tip.

Specifics are powerful!

“In the last six months, I have placed eight people with profiles very similar to yours.”

“Three of my clients have hired candidates with your profile into management level roles recently.”

It needs to be true. I repeat. Don’t build your outreach on bullsh#t. Remember what prospects want from us.

The conversation about specific jobs will naturally evolve from the broader discussion and by then, guess what?

You will have had the chance to prove 1) you care, 2) you can be trusted  3) you can deliver.

 

 

4 February 2022
Dr Aaron Motsoaledi South African Minister of Home Affairs
The Department of Home Affairs has published its critical skills list for South Africa, outlining the skills which are in short supply in the country.

The list, which was last updated in 2014, will likely be welcomed with open arms by corporations across South Africa which may now fulfil the country’s objective of luring foreign professionals, says Moeketsi Seboko, immigration manager at Xpatweb.

“Foreign nationals may now establish whether their profession is in demand in South Africa and may be eligible to commence a career path in the country provided they fulfil the Act’s criteria. If you currently hold a Critical Skills Work Visa and your skill is no longer listed, you may be unable to renew your visa.”

Some of the most notable jobs which have been added to the list include:

  • Director (Enterprise /Organisation) Chief Executive Office, Managing Director- NQF 9;
  • Corporate General Manager (medium enterprises or larger) (Master of Business Administration NQF 8;
  • Programme or Project Manager (Master’s Degree (NQF 9);
  • Quality Systems Manager (Master’s Degree (NQF 9) Quality Control Manager Quality Assurance Systems Auditor;
  • Data Scientist Master’s Degree (NQF 9).

A summarised overview of some of the skills in demand can be found in the table below. The complete list can be found in the embedded gazette.

Actuary External auditor Nurse educator
Aeronautical engineer FET phase school teacher (Grades 10-12) Physicist
Agricultural scientist Geologist Policy and planning manager
Architect ICT System Analyst Quantity surveyor
Biotechnologist Industrial engineer Research and development manager
Chemist Investment manager Senior phase school teacher (Grades 8-9)
Chief Information Officer Mechanical engineer Software developer
Civil engineer Metallurgist Systems engineer
Conservation scientist Microbiologist Tax professional
Corporate Treasurer Mineralogist Zoologist
Economist Multimedia designer  

“Whilst we celebrate this exciting news, we caution that technical guidelines on the qualification and implementation of the list are yet to be published. Once published, potential candidates will know with certainty if they squarely qualify for an occupation under the list or not,” said Seboko.

“With the release of the new Critical Skills List, applicants who plan to apply for permanent residence in categories that are no longer on the list will no longer be eligible. These visa holders must now reconsider an alternate visa category as well as their aspirations for permanent residence.”

Ultimately, it is critical for all South Africans to understand what skills our nation needs and how we as South Africans can contribute productively since the Critical Skills List is not just intended for foreign nationals but can also serve as a guide for matriculants in their professional pathways, Seboko said.

TO ALL MEDIA/NEWS EDITORS

MONDAY 31 JANUARY 2022

A special Cabinet meeting held today, 31 January 2022, has approved changes to the Adjusted Alert Level 1 COVID-19 regulations. This follows meetings of the National Coronavirus Command Council (NCCC) and the President’s Coordinating Council (PCC) which received updates on the management of COVID-19 in South Africa.

The information gathered through the system used by the Department of Health has reported that South Africa has exited the fourth wave nationally.

Based on the trajectory of the pandemic and the levels of vaccination in the country, Cabinet has decided to make the following changes to Adjusted Alert Level 1 with immediate effect:

·      Those who test positive with no symptoms do not have to isolate.  
·      If you test positive with symptoms, the isolation period has been reduced from 10 to 7 days.
·      Contacts do not have to isolate unless they develop symptoms.

The rationale for these amendments is informed by the proportion of people with immunity to COVID-19 which has risen substantially, exceeding 60-80% in several sero-surveys.

Cabinet also reviewed the resumption of schooling to full-time learning in all schools. Primary, secondary and special schools will return to daily attendance. The regulatory provision for social distancing of 1meter for learners in schools has also been removed.

The Ministers of Health and Basic Education will in the coming days issue directives reflecting on this new approach.

Government commends all South Africans who continue to observe COVID-19 regulations and protocols. We also remind those who are yet to get vaccinated to go for their COVID-19 vaccination and continue observing basic health protocols to prevent the transmission of the virus.

Media enquiries: Nonceba Mhlauli, Spokesperson to the Minister in the Presidency – This email address is being protected from spambots. You need JavaScript enabled to view it.

ISSUED BY THE MINISTER IN THE PRESIDENCY OF THE REPUBLIC OF SOUTH AFRICA, MR MONDLI GUNGUBELE (MP)

www.thepresidency.gov.za

 

30 January 2022

“In considering the issues before it the SCA had to make an enquiry, which was whether the publication of personal information in certain Facebook posts was protected by the right to freedom of expression,” said independent tax and legal firm Andersen.

The case

The case centred on a photograph taken by a cyclist on a farm in the Eastern Cape.

On 23 September 2019, whilst traversing the farm in an adventure ride, the cyclist noticed two cages containing a dead baboon and a dead porcupine. The cyclist noticed oranges near the baboon and surmised that the animals had died as a result of dehydration whilst trapped in the cages.

The conclusion was also supported by the positioning of the cages in an area where there was no shade and water.

The cyclist captured the images and furnished them to a wildlife conservationist, who subsequently posted the images on Facebook, naming the owner of the farm, his profession and his address.

The post generated several comments mostly in condemnation of the owner’s practice of trapping animals. The owner defended his position by stating that he had a valid permit to hunt, capture and/or kill baboons and porcupines.

Application to the High Court 

As a result of the negative publicity generated by the post, the owner initiated an application for an interim interdict in the High Court against the conservationist, seeking the removal of the photographs and certain portions of the Facebook post that made reference to his business, location, and the name of the farm. The interim interdict was granted.

“The High Court found that whilst the conservationist was entitled to publish the photographs and to comment on them, he was not entitled to publish the fact that the photographs were taken on a farm belonging to the owner,” Andersen said.

“The High Court reasoned that the name of the farm and the owner’s identity constituted personal information protected by his right to privacy and that there was no compelling public interest in the disclosure of the personal information.”

The finding in favour of the owner led to an appeal in the Supreme Court of Appeal by the conservationist.

SCA findings 

In summary, the Supreme Court of Appeal made three significant findings, said Andersen.

  • Firstly, it found that the High Court erred in disregarding the content of the conservationist’s post and focusing on the response by members of the public. The Supreme Court of Appeal lamented the High Court’s approach as having far-reaching implications because it stifles the debate and censors the activists’ right to disseminate information to the public. The SCA added that it denies citizens the right to receive information and engage in a platform for the exchange of ideas, which is crucial to the development of a democratic culture.
  • Secondly, the Supreme Court of Appeal found that the High Court’s findings interfere with the right to freedom of expression and fails to strike a proper balance between personal information and the right to privacy.
  • Thirdly, the Supreme Court of Appeal found that the High Court failed to recognise that publicising the truth about the farm owner’s animal trapping activities, to which the public have access and interest, does not violate his right to privacy.

The importance of the findings made by the Supreme Court of Appeal cannot be overstated, said Andersen.

“Whilst it may be argued that the protection of personal information is a fundamental right – more particularly in times where various social media platforms continue to face scrutiny in terms of their privacy policies and where certain legislation has come into effect to prevent the abuse of personal information – the judgment appropriately balances two competing rights; namely, the right to freedom of expression and the right to privacy.

“In this instance, the personal information sought to be protected by the farm owner could be found in the Deeds office and on Google – therefore any claim that the information should remain private in those circumstances would be, as found by the SCA, conceptually flawed.”

In conclusion, the right to freedom of expression and the right to privacy are mutually reinforcing rights, Andersen said.

“The tension between the two rights is exacerbated by social media platforms. In the event that these rights are in conflict, a careful balance must be made in order to ensure that the rights are protected.”

  • Commentary by John Mankoe, and Christopher Majuru of legal firm Andersen. 

Page 23 of 37

Back to Top