Unresolved Case - Bad Attitude (CCMA Johannesburg)

CCMA Johannesburg Branch Case Number: GATW 6277-20 Applicant: Samuel Respondent: Rainbow Verification Solutions

Summary of the Monetary Settlement Agreement: On 6 July 2020, a CCMA Monetary Settlement Agreement was awarded in my favor as the applicant. This settlement involved a minibus vehicle which is owned by the respondent. A finding was made against my former employer (The respondent) and instructions issued by the CCMA was that the respondent should sell that minibus in order to compensate me for all the months I have been working without receiving a salary. The responsibility to find a buyer for the minibus was given to the respondent and to the respondent alone. For very legitimate reasons, all parties agreed that the minibus has to be left in my care till I am paid the amount indicated in the agreement in full, and only then, will I surrender the minibus to the respondent. The deadline for this CCMA settlement agreement was on 31 July 2020. Sadly, the respondent missed the deadline set by the CCMA without even giving any apology to the CCMA, till this day, the respondent has never apologized for missing the deadline and for not honoring this agreement. Later after the respondent missed the deadline and only after I complained, the respondent further undermined the CCMA by unfairly calling the CCMA unprofessional and *********** just because the CCMA had responded to my complaint about the missed deadline. Due to the fact that this particular respondent cannot be trusted, it was agreed during the settlement agreement that the minibus should remain in my care till my compensation is paid in full. 1. Reasons for collateral/security: It was agreed that I will hold on to the minibus as security or collateral for these reasons: 1.1 The respondent has **********ly ****** so much away from me and I am not prepared to tke any chances due to their dishonest dealings. 1.2 They have issued out payslips in my name **********ly without paying me any salary 1.3 This particular respondent has been a subject of investigation and exposed live on national television by the investigative journalist TV program, Carte Blanche, where millions and millions of people witnessed this 1.4 The respondent/owner of this particular company is a flight risk due to the fact that they still remain a subject of other investigations due to other complaints and ***** allegations 1.5 I am on record on the recorded CCMA video footage explaining how my life is in danger due to the debt I found myself in because of the respondent’s actions. The commissioner understood that people are watching my move and if they see that I no longer have the collateral (minibus) they will then come demanding their money.

The discussion of this settlement agreement was recorded by the CCMA, meaning in addition to the signed agreement, there is further video footage (evidence) where everyone can clearly be seen and heard making all these promises and agreeing to the following: 2. Conditions and Instructions for the sale of the minibus: 2.1. The minibus has to remain in my care as the respondent cannot be trusted (refer to (1.1) (1.2) (1.3) and (1.4) above) and the recorded CCMA footage of the settlement agreement discussion, along with the signed agreement. 2.2. The respondent has to find and bring any potential buyer to my location since I have the minibus, and to prove that this was indeed the agreement, on the 29th of July 2020 the respondent did indeed bring a potential buyer to me, at a safe and public location/venue arranged by myself. The fact that the respondent came with a buyer to where I am is very important as I will later prove and demonstrate that the respondent is now telling lies in order to manipulate and undermine the agreement. Please also note that the venue I had organised for this purpose is safe, public and convenient due to its close proximity to a Police station and a very busy highway surrounded by shopping centres. Since the respondent came to that location, to date, the respondent has never even raised any concerns about the safety of the location, meaning that the respondent is happy about it, since he once visited that area to bring a potential buyer 2.3. Provided the minibus is roadworthy, I will drive and send the minibus to any potential buyer to any place in Pretoria or JHB provided that location is safe and public. This means that I remained readily available to further assist the respondent in executing their part of the agreement. 2.4. Apart from individual buyers, there is literally over a dozen companies which specialize in buying all types of vehicles. They can come to you wherever you are in South Africa and make an immediate payment to the seller. E.g: “We Buy Cars”. This is one of many companies which simplify things but for very strange reasons, the respondent is not even interested in engaging with this companies. It’s also very important to note that since this agreement was signed, the respondent only brought one potential buyer. The buyer made a very good offer but the respondent arrogantly turned down that offer and since then, no other potential buyers have been sent my way by the respondent. The only instruction I keep on getting from the respondent is that I should just drive the minibus back to the address associated with the respondent and leave it there which is not part of the agreement. Please keep in mind that the address given to me is not even an address for a potential buyer or dealership. 2.5. The minibus is to be released back to the respondent once an immediate monetary deposit is made into my bank account. I am prepared to open any bank account with any banking institution which is the same as the one the respondent uses so that once the respondent receives funds from that sale, they can easily make an immediate deposit into my bank. To cut the long story short, A) The settlement agreement was never honoured B) CCMA Deadline was missed C) The respondent now wants me to return the vehicle to them without my compensation which is against the agreement D) Between the time the agreement was signed and leading to the deadline, the respondent remained silent and uninterested in this settlement agreement till I started complaining of their lack of interest in this. E) The responsibility of finding a buyer was given to the respondent but seeing that the respondent does not care about fulfilling their promises as recorded in the CCMA footage, I went out of my comfort zone and found a very good interested buyer who was willing to make an immediate payment. I sent an e-mail both to the CCMA and the respondent of the date and time this buyer was coming to view the vehicle and make an offer, however, the respondent true to their nature, they never even respondent to my invitation which would have put this whole thing to bed. The respondent never showed up or sent any explanation as to why they just ignored that e-mail and invitation. I obviously cannot sell this minibus without the respondent being there and they know it, that’s why they never showed up. Please keep in mind that I incurred further costs trying to assist with something that wasn’t even my responsibility, in the interest of finalizing this matter. F) Many more e-mails of everything I am saying here are with the CCMA.

3. CCMA’s Unprofessional Response 3.1. A very rude lady at the CCMA (Johannesburg) by the name of Mbali Nkosi who doesn’t seem to have any knowledge of this case has been in touch with me over the past weeks. 3.2. In a call made to me on my mobile by Mbali Nkosi on the 9th of September 2020 around 12:36: Mbali instructs me to just return the minibus to the respondent and that I should give the respondent “the benefit of the doubt”. When I’m busy trying to explain to her that what she’s instructing me to do goes against the agreement made at the CCMA she then starts talking to me like I am a child 3.3. In this call, you can hear Mbali’s colleagues in the background laughing at how Mbali Nkosi was talking to me. I am indicating the date and the times so that thos calls may be retrieved and listened to. You will then hear how unprofessional, arrogant and rude this Mbali Nkosi is. 3.4. I then tell Mbali that I am currently unemployed and I don’t have money for fuel to drive 114KM to Braakpan. The reason I came to the CCMA in the first place is to ask for help, not to get further indebted. So when I tell Mbali Nkosi that I don’t even have enough money to fuel the minibus Mbali Nkosi respond’s by telling me that I must just make a plan. 3.5. I then tell Mbali Nkosi that this case dragged for so long that even the license disc expired meaning that the minibus is not roadworthy. Mbali’s response to this was that an expired license disc is not a big thing and that she (Mbali Nkosi) herself has been comfortably driving her car with a license disc that had expired for 3 months. I ‘m not really sure why Mbali was telling me about her expired license disc but I think she was trying to make me aware that *******ly driving a vehicle that is not roadworthy is not a big deal because even she does or she practices it. I’m not sure if you train your people to advise us to break the law, otherwise why would she tell me about her own vehicle’s license disc that expired three months ago. In any case, my plea continued falling on deaf ears and she still instructed me to return the minibus to the respondent. I am a law abiding citizen and I will not break our South African law, even if I am advised to do so by the CCMA 3.6. I then decide to take further action since this agreement was not honored by the respondent. In another conversation with Mbali, I inform her of escalating this further by submitting Section 142 (A) against the respondent. The Section 142 Form has over 20 lines where you can write reasons for lodging a Section 142, however Mbali Nkosi instructs me not to write “a long story” which will fill all those lines. This case is a bit complex but then at the end, I was forced to write only six sentences since Mbali told me I shouldn’t put a long story there. Why ealse would the CCMA put all those lines for us to write if we’re not supposed to fill all those lines? Is Mbali Nkosi lazy to read or is this a CCMA thing in general? 3.7. I then formally submit Section 142(A) by e-mail. The due date for that Section 142 expires and I don’t hear anything about my section 142 application. It was only when my advisor, Clifford Khoza called Mbali Nkosi only to find out that Mbali Nkosi was just sitting on that Section 142 form. I am waiting for justice regarding this only to find out that my time is just being wasted more and more and more. There was no courtesy e-mail responding to my section 142 at all from the CCMA. If it failed for whatever reasons, I was supposed to also be responded to by e-mail. Till today, I have no idea why my Section 142 is just sitting on Mbali’s desk or why she threw it away if she threw it away. Everyone just kept silent about my application. The deadline has long past and I am still waiting. 3.8. There is an avalanche of e-mails upon e-mails sent to Mbali Nkosi and to the CCMA and I can confidently say that 98% of all my concerns and complaints on all those e-mail was never responded to. There’s more to this case but since I learnt that Mbali does not like “long stories” I am even hesitant and afraid to continue typing this message over fears that this message might not be read if it is indeed true that you don’t like “long stories” I believe all your calls are recorded, please retrieve all calls made by Mbali Nkosi to myself so you can hear everything I am saying on this message: Call dates and times: 9 Sept 2020 at 12:36. I have more dates and time of calls should you request them. I further urge you to visit all cases handled by Mblai Nkosi, past and present. Listen to how she talks to people who are desperately seeking help. Further to this, it’s clear that she doesn’t even take time to read e-mails of cases she’s involved in. I’m not surprised why I was advised by her not to write “long stories” Is this what the CCMA has deteriorated to? Is this what the CCMA stands for these days?

Regards, Samuel,