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- The National Union of Metalworkers of South Africa and the South African Cabin Crew Association have turned to the SA Human Rights Commission in their latest attempt to try and get payment for employees of SA Express.
- The state-owned regional airline has been in provisional liquidation since April 2020 and since then employees have not received salaries.
- Last year Numsa tried to rope in the Constitutional Court in an attempt to get Parliament to hold public hearings on saving SA Express.
The National Union of Metalworkers of South Africa (Numsa) and the South African Cabin Crew Association (Sacca) have made submissions to the South African Human Rights Commission (SAHRC) on the suffering of SAX employees who have not been paid salaries since the regional airline went into provisional liquidation in February 2020. The unions want the SAHRC to hold Minister of Public Enterprices Pravin Gordhan to account "for trampling on the human rights and dignity of workers at SAX".
Numsa and Sacca claim some employees have lost their homes while others could not even afford school fees for their children anymore. Some payments were received from government's Temporary Employee Relief Scheme (TERS) during the harder lockdown period.
SAX has been in provisional liquidation for almost two years, since April 2020, after a failed attempt at business rescue. In January this year, the return date for a final liquidation application was once again extended, this time to 4 July, to see if a suitable deal can be reached to sell the airline, which has liabilities of more than R900 million. The provisional liquidators would require government and creditor approval for any deal.
Parliament's Portfolio Committee on Public Enterprises said on Wednesday that it is aware that the process is market-driven and that "while one of its primary concerns is the welfare of employees of the airline, little can be done at this point". At the same time the committee urged the provisional liquidators and the Department of Public Enterprises (DPE) to give preference to bidders who intend to use its employees.
Last year Numsa approached the Constitutional Court in an effort to force Parliament to decide whether a state-owned enterprise like SAX can be allowed to go insolvent. Numsa wanted the Constitutional Court to rule that Parliament should hold public hearings in this regard. In October last year the Constitutional Court ruled that it cannot hear the union's application as it is not within its jurisdiction and mandate to hear the application directly.
Numsa and Sacca said on Thursday that they question why the airline's shareholder, the DPE and Gordhan did not try and place SAX employees on a training lay-off scheme with the Transport and Education and Training Authority (TETA). This would have allowed workers to earn 75% of their salary while undergoing training.
READ | End of the runway for 200 axed SAA employees who opted for failed training scheme
The SAHRC intends to convene more hearings on the SAX matter, according to the two unions.
The Zondo Commission report found SA Express was affected by state capture. The inquiry found that officials from the North West government flouted a host of procurement rules in 2015 when they awarded SAX a five-year, R400 million contract to provide flights and ancillary serves to Mahikeng and Pilanesberg airports.
In addition, Fin24 reported in February this year that an inquiry by the provisional liquidators of SAX has found unreliable debtors' information – due to corruption allegations – and encountered "uncooperative" directors.
The DPE responded that it does not have comment at this stage.
