A traffic officer has been shot and killed after he allegedly arrested a taxi driver in Kensington, Cape Town, on Tuesday morning.

According to statement by Western Cape police, the 49-year-old officer was killed in Acre Road in Kensington by a suspect who he had arrested for disobeying the rules of the road.It is suspected that the traffic officer arrested a taxi driver on the corner of 5th Ave and Voortrekker Road, and was killed in his vehicle, en route to the police station,” said provincial spokesperson Colonel Andre Traut.

No arrest has been made as the suspect fled the scene.

Police are still investigating the case.

A senior Hawks officer has been shot dead on the R37 outside Mbombela.

Lieutenant Colonel LeRoy Bruwer was on his way to work when he was gunned down around 07:00.

Investigators are still at the scene of the shooting.Bruwer had been investigating several high-profile cases in the province, according to sources.

This is a developing story. More information to follow.

– Compiled by Sheldon Morais, Ntwaagae Seleka and Buks Viljoen.

President Cyril Ramaphosa on Sunday has called on South Africans to change their behaviour as the country fights the spread of the new coronavirus.

In his address to the nation, the president stressed the importance of good hygiene and changed behaviour to avoid spreading the virus.

“We are undertaking a mass communication campaign on good hygiene and effective prevention behaviour,” he said.

He said South Africans are called upon to:

• Wash their hands frequently with soap and water or hand sanitisers for at least 20 seconds;

• Cover their nose and mouth when coughing and sneezing with tissue or flexed elbow;

• Avoid close contact with anyone with cold or flu-like symptoms.

In essence, he said, “we are calling for a change of behaviour amongst all South Africans”.

“We must minimise physical contact with other people, and, encourage the elbow greeting rather than shaking hands.”

He said the priority must be to safeguard the health and well-being of all South Africans, to minimise the number of infections and to ensure all those infected get proper treatment.

Stop the fake news

As we battle the virus, he said, perhaps the greatest dangers to our country at this time are fear and ignorance.

“We must appreciate the extent of the threat that this disease presents, we must accept the anxiety that it causes, but we cannot allow ourselves to be overwhelmed by fear and panic.

“We should stop spreading fake and unverified news and create further apprehension and alarm.”

Collective effort

The president stressed that this needs to be a collective effort, to limit the spread and effect of the virus.

“While we are facing a medical emergency far graver than we have experienced in recent times, we are not helpless.

“We have the knowledge, the means and the resources to fight this disease.

“If we act swiftly, with purpose and collectively, we can limit the effects of the coronavirus on our people and our country,” he said.

Although fighting the spread of the virus requires us to limit contact, he said the situation had the potential to bring us closer together.

“We are responding as a united nation to a common threat. This national emergency demands cooperation, collaboration and common action.

 

The declaration of the national state of disaster gives the government powers it would not otherwise have. The person yielding much of that power is the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini-Zuma.

On Sunday evening, after a Cabinet meeting, President Cyril Ramaphosa announced that the outbreak of the coronavirus (Covid-19) in the country had been declared a national disaster.

Management Act.

The Act requires the head of the National Disaster Management Centre, Mmaphaka Tau, to assess a disastrous event and whether it should be declared as a disaster in terms of the Act.

n a notice published in a government gazette on Sunday, Tau did just that.

The Act then gives the relevant minister – Dlamini-Zuma – the power to declare a state of national disaster if existing legislation and contingency arrangements do not adequately provide for the government to adequately deal with the situation, or “other special circumstances warrant the declaration of a national state of a disaster”.

In the same government gazette, Dlamini-Zuma announced that she had declared a state of national disaster.

The Act then allows her to, when required, make regulations or issue directions for the purpose of:

• assisting and protecting the public;
• providing relief to the public;
• protecting property;
• preventing or combating disruption; or
• dealing with the destructive and other effects of the disaster.

These could be seen as the limits of her power, and the regulations must be made in consultation with the relevant Cabinet member.

At the press briefing with Cabinet colleagues on Monday, Dlamini-Zuma said her priority was to finalise the regulations that would guide the government’s response to the disaster. She expected it to be ready later on Monday.

The Act allows her to issue regulations that will release any of the available resources of government, including stores, equipment, vehicles and facilities, and to release state personnel to deliver emergency services. This makes it easier to deploy the state’s resources.

Regulations for emergency procurement procedures can also be issued. This means that the normal state procurement rules and the requirement to obtain multiple quotes fall away.

The sale of alcohol can also be suspended or limited.

First minister of health

The regulations can also be used to maintain or install temporary lines of communication and the dissemination of information.

Dlamini-Zuma qualified as a medical doctor and served as the democratic dispensation’s first Minister of Health from 1994 to 1999.

Thereafter, she held Cabinet posts as Minister of Foreign Affairs and Minister of Home Affairs.

As the coronavirus spreads, employers and employees alike are faced with the question of what to do should employees fall ill, need to work from home, or be quarantined.

Labour law experts Aadil Patel and Anli Bezuidenhout of law firm Cliffe Dekker Hofmeyr took a look at some common questions.

When can an employee be dismissed due to the coronavirus?

In terms of Schedule 8: Code of Good Practice Dismissals, an employer must investigate the extent of the illness if the employee is temporarily unable to work. If the illness may result in a prolonged absence from work, alternatives to a dismissal must first be considered.

According to the experts, the factors to take into account in considering alternatives to dismissal include: the seriousness of the illness, the period of absence, the nature of the employee’s job and whether a temporary replacement may be secured.

During this process, the ill employee should be given an opportunity to make recommendations as well.

Only once all these processes have been followed and no alternative to dismissal found, may an employer consider dismissal.

A retrenchment is as a result of no fault on the part of the employee. In the circumstances, it is not an opportunity for an employer to terminate the employment of ill employees.

At this point, the coronavirus is unlikely to trigger an operational need. The recommended period for recovery/isolation is 14 days – this in itself cannot trigger a need to retrench. However, should a large number of employees be infected, an operational need could possibly arise in future.

What can be done about employees who refuse to come to work?

Employees remain obligated to come to work, unless instructed otherwise by their employers. Employees who refuse to come to work must have a valid reason for their absence. The mere presence of the Coronavirus in South Africa does not constitute a valid reason to stay away from work.

Employees who stay away from work without a valid reason, may face disciplinary action. “We encourage employees to rather speak to their employers about their concerns before making a decision to stay at home, without authorisation,” said Patel and Bezuidenhout.

Do employees have the right to work from home? 

Employees do not have a right to work from home. Working from home may be considered by employers but should not be implemented by employees without the employer’s consent. We encourage employees to rather speak to their employers about their concerns.

May employees be required to work from home?

Yes. Working from home may be permitted in the discretion of the employer. This is not always viable but could be considered in a corporate environment.

Should employers consider this option, we recommend that clear guidelines be set for employees. This may include that the working environment must be safe, the employee must have a secure telephone line and Wi-Fi connection and employees should remain within travelling distance of the office.

May an employee’s professional or personal travel plans be restricted? 

Professional travel plans may be changed or prohibited. However, an employer does not have the right to dictate whether an employee may travel during his/her annual leave or weekends.

Employers may, however, require their employees to disclose if they have travelled to any specific locations in order for the employer to assess the risk to other employees or customers.

What is an employee’s sick leave entitlement?

In terms of section 22 of the Basic Conditions of Employment Act 75 of 1997 (BCEA), the “sick leave cycle” means the period of 36 months’ employment with the same employer immediately following an employee’s commencement of employment.

During every sick leave cycle, an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks. Usually (for an employee who works five days a week) this equates to 30 days’ sick leave per 36 months of employment.

What if sick leave is exhausted?

An employer is not required to pay employees for sick leave taken when the sick leave entitlement has been exhausted. However, we recommend that authorised unpaid leave be considered, said Patel and Bezuidenhout.