SAA guns for vocal black pilots

SAA is gunning for two black pilots who called on business rescue practitioners not to use a questionable criterion to determine retrenchments at the embattled national carrier. File picture: Reuters

SAA is gunning for two black pilots who called on business rescue practitioners not to use a questionable criterion to determine retrenchments at the embattled national carrier. File picture: Reuters

Published May 31, 2020

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Johannesburg - SAA is gunning for two black pilots who questioned lack of transformation and called on business rescue practitioners (BRP) not to use a questionable criterion to determine retrenchments at the embattled national carrier.

According to official documents obtained by the Sunday Independent, SAA has asked Sibusiso Nxumalo and Asnath Mahapa to give reasons they should not be subjected to a disciplinary hearing after speaking to the media about employment equity and the impact of the current Section 189A processes. SAA is seeking to retrench about half of its 623 pilots.

The duo were among seven black pilots who wrote a letter to the BRPs - Les Matuson and Siviwe Dongwana - last month calling on them to retain African and designated groups at SAA.

The three-page letter raised concerns about the BRPs’ usage of the “last in, first out” (Lifo) principle, saying it disadvantages black pilots because they were only allowed to join the airline in 1994.

They also flagged the Superiority List, a regulating agreement for SAA pilots, which creates a pecking order based on the number of years of employment rather than qualifications and flying experience. 

In an email sent to the duo, SAA A320 Fleet Captain Andrew Mildenhall said: “I have been tasked as your Fleet Captain by the acting HOD Flight Operations to investigate and provide a reason why a disciplinary investigation should or should not be concluded based on your recent television interviews. I have the television interview on record should you require a copy of it for your own records.”

Mildenhall also requested Nxumalo and Mahapa to “provide a reason” for speaking to the media about the 189A processes SAA, transformation, the proposed future of the cash-strapped airline, as well as the Seniority List and “its process within the aviation industry related to SAA”.

“Once I have this information I will advise you on the process and the way forward. It is important that we fully understand the reasons and actions of any individual before any process is initiated,” he concluded.

A source close to Nxumalo and Mahapa said SAA was victimising the pilots for raising uncomfortable

truths about transformation, discrimination and the BRPs flawed retrenchment processes.

“Number one, a group of African pilots raised a problem they identified with the process that was being followed by the BRPs. They said, if you follow the principle entrenched on the labour space, of last in, first out, it will affect all black pilots because they came in after 1994,” said the source.

“All they are saying is that they would like the equity and equality part to be part of the Superiority List. In other words, they must look at flight experience, qualifications and other things.”

SAA spokesperson Tlali Tlali said there was “nothing strange” about Nxumalo and Mahapa being requested to explain their “non-adherence” to company policy.

“This is part of the investigation phase and there is nothing strange about it. Asnath Mahapa and Sibusiso Nxumalo were cordially requested to furnish management with reasons for their non-adherence to company policy on the 5th and 6th May respectively.

“To date, these two pilots have not complied with the company’s request. SAA employees are not permitted to speak to the press on issues involving the company, without the prior permission from a competent authority,” Tlali said.

According to a three-page letter sent to the BRPs on April 18, signed by Nxumalo, Mahapa and five other black pilots, the practitioners’ usage of the Superiority List to decide who would keep their jobs was unconstitutional and in breach of the Employment Equity Act 55 of 1998. The other signatories are Mawethu Majola, Phumezo Zingela, Mvikeli Nongxa, Munzhedzi Machaba and Harry Mackaukau. 

The Superiority List is part of a regulating agreement which outlines the terms and conditions of employment for SAA pilots. First signed in 1988 and amended in 2014, the list creates a pecking order for pilots based on the number of years of employment at the national carrier.

According to the list, which The Sunday Independent has seen, 27% or 133 of SAA’s 623 pilots are black. Of the 133 black pilots, 61 are black Africans, 25 coloureds and 47 Indians.

The letter was copied to Public Enterprises Minister Pravin Gordhan, Finance Minister Tito Mboweni, the National Assembly and the chief pilot of SAA.

“With the prospect of the Section 189A processes at South African Airways being implemented, it is once again the most junior, vulnerable and mostly African and designated groups pilots who are in the firing line with regards to the rule of the last in, first out (Lifo),” read part of the letter.

The pilots said applying the Lifo rule would spell the death of black pilots, because they had been employed from 1994 as the “first generation” pilots.

They rejected as “rhetoric and agenda” the BRP’s argument that the usage of the list to determine retrenchments would ensure only the most qualified pilots were retained, and thus safety.

“This is simply not true as the majority of African pilots at SAA are already senior first officers with more than 10 years’ experience within the company. We are willing, able and ready to take on leadership positions.”

A black pilot, who spoke on condition of anonymity for fear of reprisals, said they were determined to fight for their rights.

“There is hopelessness at this point. We had to take the stand and talk about this thing now. Everyone is asking us, ‘do you think the timing was right?’ When the house is burning, you realise this must be it. You seek any form of mechanism to try to preserve your sustainability,” said the pilot.

Tlali denied the List and the Lifo principle disadvantaged black pilots.

“This statement is factually devoid of the truth. SAA will do what is permissible in law to avoid a selection criteria that has the effect of retrenching mostly black pilots.

“The Section 189 notice issued by the company on behalf of the business rescue practitioners on the 9th March clearly made provision for an ‘employment equity override’ in executing the selection criteria for retrenchments.

“This was deliberately inserted in the 189 notice and was aimed at avoiding the retrenchment of most of the black pilots due to the seniority principle and Lifo which are regulated in the pilot collective agreement known as the Regulating Agreement.”

The Sunday Independent

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