Sunday Independent.png Small man up against NUMSA Goliaths Theto Mahlakoana, Sunday Independent, Johannesburg, 13 September 2015 National Union of Metalworkers of SA (NUMSA) secretary in KwaZulu-Natal, Mbuso Ngubane, is facing fraud and extortion charges after he allegedly docked his dismissed bodyguard's salary for 15 months. Thirty-three-year-old Sandile Mkhize said his troubles began when Ngubane approached him to be his bodyguard. He began his duties in June 2012, employed by NUMSA to protect the KZN secretary. At the end of each month, he said Ngubane would demand that he hand over R5 000 from his R20 000 salary to him. When he contested the decision, he said he was told the money was meant to be paid to Ngubane because the system had been set up that way. The father of three said he would "beg" for his pay-slip in vain, wanting to understand how a portion of his salary had to be transferred to his boss. When he eventually laid his eyes on the pay-slip for the first time, it was October 2013, and it was at this point that the realised he had been conned by the man he was meant to protect with his life. "He (Ngubane) admitted to taking the money and he said we must forget about it. He threatened that if I wanted the money back, he would dismiss me." He was subsequently dismissed in July 2014. On the same day he approached the Commission for Conciliation, Mediation and Arbitration (CCMA) and demanded repayment from Ngubane. The original demand was for R75 000. The commissioner found in his favour and a settlement agreement of R60 000 was made, which Ngubane paid over to him within a stipulated amount of time. After that, Mkhize approached the Labour Court, where he filed an unfair dismissal case against NUMSA. Again a ruling was made in his favour, with the court ordering the union to pay him a compensation fee of R324 000. Independent Media has seen both the CCMA and Labour Court rulings on this matter, confirming that NUMSA had been given instruction to settle the amount. According to the documents, this was supposed to have been done no later than December 5, 2014. However, Mkhize still has not received a cent from the union and instead NUMSA lawyers have written a letter to his lawyers demanding that he withdraw the criminal charges he laid against their client. "Whilst it is accepted that it is up to the Prosecuting Authority (NPA) to decide whether or not it wants to pursue criminal charges against my client's regional secretary, your client will advise the authorities in writing that he has no desire to further pursue the relevant criminal complaint," reads the letter from NUMSA's attorneys, Minnaar Niehaus, dated July 1. In their reply, Mkhize's lawyers stated that their client wanted his money but was not "prepared to interfere with the NPA processes". Mkhize told Independent Media that he opened the case as he wanted to see justice done because he believes the NUMSA secretary in KZN had committed a crime. However, he said he was beginning to be doubtful because it had been nine months since the case had been opened and the police had reported no progress. He said a conversation he had had with Ngubane was beginning to ring true: he alleged that Ngubane had boasted to him about his connections, which would enable him to dodge the might of the law, saying: "I won't get arrested because I have money." Now Mkhize relies on odd jobs in the security service to put food on the table as he is the sole bread winner at home and also takes care of his mother and late brother's two children. He said that, in a phone call conversation with NUMSA general secretary Irvin Jim, he was told that the only way the money would be paid to him would be when he dropped the criminal charges against Ngubane. He alleges that Jim told him NUMSA would protect Ngubane and hire senior counsel for him as Mkhize was seen to be attacking NUMSA. Mkhize said he wrote an e-mail to NUMSA's top six leaders explaining his miserable predicament, but no one had come to his aid, leaving him with the impression that they all knew but turned a blind eye to a worker's problems, contrary to what they preach in public. Just this weekend, NUMSA convened a number of meetings in communities in Gauteng to canvass support ahead of their nationwide anti-corruption march scheduled for September 30. The union has a leading civil society voice against corruption, patronage and cronyism. Union deputy general secretary Karl Cloete said Mkhize's claim was being contested, when Independent Media asked what the union had done to settle the matter. "There is a legal challenge to what he is saying. I can't say more than that. I know the GS (general secretary) has been confronted with the same and all I can say is that it is contested as we speak," said Cloete. NUMSA filed an appeal on the July 28, arguing Ngubane had an agreement with the former bodyguard that he would deduct R5 000 from his salary to settle expenses incurred for using a NUMSA car. Mkhize was confident the appeal would fall through, describing the contents of the appeal as "nothing but lies". Ngubane declined to comment and calls to Jim went unanswered. From: <http://www.iol.co.za/business/news/small-man-up-against-numsa-goliaths-1.19 15145#.VfU62xGqqko> http://www.iol.co.za/business/news/small-man-up-against-NUMSA-goliaths-1.191 5145#.VfU62xGqqko -- -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. 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