The weekly newsletter for COSATU members and the public
22 April 2005
 

1. Striking worker killed during protest

Both COSATU and the Food and Allied Workers Union (FAWU) have expressed their deep shock and outrage at the murder of Ezekiel Raselemane, a striking worker at Kanhym Estates. He was fatally wounded by security guards employed by the company in Middelburg, Mpumalanga, during the early hours of Wednesday morning and died at the scene.

Workers allege that security guards at the company randomly opened fire on striking workers outside their employer's premises. Four other workers were seriously injured during the incident.

COSATU has sent its condolences to his family and comrades at this tragic time and conveyed its best wishes for a full and speedy recovery to the four injured workers.

"It is utterly outrageous," said the federation, "that such events can still take place in a democratic South Africa. We demand the fullest possible investigation into the incident, including the allegations that security guards at the company randomly opened fire on striking workers outside their employer's premises."

FAWU has laid formal charges at the local police station and COSATU has insisted that criminal charges be brought against any people found to be responsible for this outrage. "Severe sentences imposed on those found guilty."

It has also demanded that the employer immediately withdraws permanently the security guards from the scene of the incident and instead seeks to reach an amicable settlement with the union on their dispute.

500 FAWU members at Kanhym Estates are on strike as a result of wage disputes. Workers are demanding a 10% wage increase while the employer is offering 6, 5% based on certain conditions. Members are entering their third week of industrial action since its start on 6 September 2005.

Just last week 120 workers were arrested as they were on their way to picket on the owner's premises about 10 kilometres from Extension 24 in Middelburg. "White policemen arrested our members," say FAWU, "alleging that they were disturbing the flow of traffic. All workers were released on bail of R500 per worker."

COSATU has demanded that all charges against these workers be withdrawn immediately, and that the inquiry into the security guards should also look into the role of the police in this dispute and action taken to prevent anti-worker actions.

The COSATU Mpumalanga Provincial Office has also condemned the killing. "Since the strike started," says its statement, "workers have been harshly treated and victimized. Police and private agents who unleash such a reign of terror and brutality against defenceless workers do not belong to the hard-won democracy. This gun-toting style in resolving labour disputes is condemned in the strongest possible terms."

They further called on the Kanhym management to resolve the strike action with urgency and immediately withdraw the private security from the company. The Province has further called for an inquest into the death of Mr Raselemane.

COSATU will back FAWU in any action it decides to take to defend its members and win its dispute, and has urged the members of all its affiliates to be ready to act in support of the strike. COSATU members in Mpumalanga will be marching on 11 October to the Middelburg Magistrates court demanding the transformation of the judiciary and the media. For more information please contact Norman Mokoena at 0825636969 or Vincent Mlombo at 0826496068.

 

2. Limpopo Dairies workers arrested

In the fourth week of strike action at Limpopo Dairies, six members of the Food and Allied Workers' Union (FAWU) were arrested this week during protest action at the company.

A casual worker laid a formal charge against five of the workers, alleging that they had assaulted him with the intent to do grievous bodily harm. The company, on the other hand, laid a complaint of intimidation against the 6th worker, alleging that he faxed a letter of intimidation to the employer. The employer, Tobie Fourie, however refuses to reveal the contents of the letter to union officials. The accused workers are now behind bars awaiting a bail application hearing. The union has appointed a lawyer to represent workers in court.

The six involved form part of 150 members at the company who have been engaging in strike action since 29August. The workers are all from the Polokwane, Thohoyandou and Makhado areas and are demanding to be paid the minimum wage as stipulated by the sectoral determination act for the farm sector.

"The striking workers are well supported by the surrounding communities who are very concerned about the toyi-toying workers and who are in support of a consumer boycott of the company's products," says FAWU. "Other retailers like Shoprite are reluctant to buy the company's products because they are aware that consumers won't buy the products."

FAWU, together with the local ANC, SACP and COSATU councillors, has called upon the company to drop all charges before negotiations continue.

 

3.End job losses! Fight poverty and unemployment

Don't forget! The next phase of COSATU's Jobs and Poverty Campaign kicks off on 3 October with a day-long stayaway in the Eastern and Western Cape. Workers in Gauteng and North West will strike on 10 October, followed by Northern Cape Free State and Mpumalanga on 17 October and KwaZulu Natal and Limpopo on 24 October.

We urge all COSATU members and their allies in civil society to mobilise in support of this vital campaign

COSATU is demanding action to create new jobs for all our people, to end racism and exploitation in the workplace, and to ensure access to services in our communities.

From business, we want:

  1. A promise to support our industry by buying South African. Retailers must stock at least 75% local goods.
  2. More effort to avoid job losses. The mining companies must invest more in South Africa, rather than buying foreign mines.
  3. An end to casualisation and racist practices in our workplaces. Any casual worker employed for over three months should be treated as permanent.

From government, we want:

  1. Stronger pressure on business to save jobs. When the bosses announce mass retrenchments, the government should be helping unions and communities to fight them. It can use its power and resources to save jobs.
  2. All government policies must aim to grow employment. Government must do more to ensure a competitive exchange rate. Since 2002, the high rand has wiped out exports while the country is flooded with imports. The government must support growth and job creation in all major industries.
  3. Government must also buy locally. Even now, government does not require its agencies to favour South African goods and services.
  4. Trade policies should aim to save and create jobs. South Africa has the right to impose tariffs to protect industries threatened by rising imports.
  5. Government must provide services like water and sanitation for all our people, at prices we can afford. Local governments must stop trying to privatise basic services, which leads to job losses and higher costs for our people.

4.Transnet/Umthunzi Telecoms Consortium debcle over 5% of MTN

The SA Transport and Allied Workers Union (SATAWU) says it finds the current debacle over MTN shares between Transnet and Umthunzi Telecoms Consortium very disturbing and worthy of some attention as well as comment.

"As the major union organizing workers at Transnet," says SATAWU, "and therefore a body that has a direct economic interest in this particular development, we believe we have both the right to comment on this issue and the responsibility to make sure that the two institutions resolve this matter amicably and speedily.

"The size and high-profile nature of this transaction and the resultant media interest it has generated demand of all parties concerned to be sober, reflective and highly responsible in the manner they handle it. It is a matter that has the potential to create unfortunate consequences not only for Umthunzi and Transnet, but also for the beneficiaries, including our own members and it will definitely have repercussions for the whole concept of Black Economic Empowerment.

"We fear that such public sparring is also likely to cast a long shadow over all the other business transactions that Transnet will pursue, especially now, as it attempts to dispose of "non-core" business units within its fold. No doubt, Umthunzi is a genuinely broad-based BEE entity, an entirely new entrant in the telecommunications space. It is worthy of being given a chance.

"There are media reports," adds the union, "that suggest that two entities, Safika Investments and the Management of MTN are hard at work trying to muscle Umthunzi out of the deal. If this is indeed true, then SATAWU views this in very serious light. Both Safika and MTN Management have benefited significantly from previous sales of MTN shares, in the case of Safika in the late 1990s when SBC sold its shares in MTN to acquire shares in Telkom; and MTN Management, most recently when it relied on PIC funding to acquire 20% of MTN from Transnet.

"Unethical behaviour on the part of the champions of BEE and unmitigated greed will not advance black economic empowerment; hence Safika and MTN Management should be discouraged forthwith."

SATAWU is calling on Transnet and Umthunzi to enter into bona fide, good faith discussions, to find a mutually acceptable conclusion to this transaction. "We also call on Minister Alec Erwin to show exemplary leadership on this matter."


 

5. COSATU's 20th Anniversary

1 December 2005 is COSATU's 20th birthday. We approach this historic anniversary inspired by our history of struggle to overcome the many challenges which faced the working class and the broader liberation movement over those 20 years. We were always guided by a vision of a union movement committed not only to defending its members but to social transformation, in South Africa and internationally.

We inherited a rich legacy of democratic and militant trade unionism from our predecessors. In our 20th year we have also been commemorating the 50th anniversary of the founding of the South African Congress of Trade Unions and the Congress of the People, which drew up the Freedom Charter in 1955. We have also drawn inspiration also from the 1973 Durban strikes that began the resurgence of the democratic trade union movement.

We must repay our debt to all the heroines and heroes of our struggle who laid COSATU's foundations them, by sustaining, building and strengthening the federation they built through sweat, struggle and sacrifice.

As we face our next 20 years, we are confident and united, armed with Consolidating Working Class Power for Quality Jobs - Towards 2015, the document adopted by COSATU's eighth national congress to carry us forward to our next big milestone - our 30th Anniversary in 2015.

The 20th anniversary will be used to reassert our unwavering commitment to our socialist principles. We have already paid tribute to some of the great figures of the trade union movement - Elijah Barayi, JB Marks and Moses Kotane - and will continue to honour others.

To celebrate the actual anniversary, taking place in Durban, where it all began in 1985, we shall be:

  • Holding an exhibition to display our achievements, heritage and traditions,
  • Organising workers' cultural activities,
  • Publishing a special, souvenir 20th anniversary special edition of the Shopsteward,
  • Holding debates and discussion throughout KZN on important issues facing workers,
  • Hosting a gala diner in the City Hall, at which awards will be given to some of the outstanding heroes and heroines of the trade union movement, and
  • Holding a mass rally on Sunday 4 December in King's Park stadium, to re-enact COSATU's founding rally on 1 December 1985, with past and present leaders of the federation and leaders of our Alliance partners.

The KZN debates are as follows:

  • Saturday 12 November, Newcastle - "COSATU and its shop stewards, then and now"
  • Saturday 19 November, Richards Bay - "Labour law, then and now"
  • Thursday 24 November, Pietermaritzburg - "Living wage and decent work"
  • Saturday 26 November, Durban - "COSATU and alliances"
  • Thursday 1 December, Durban - "COSATU in the past 20 years"

The workers' cultural event on Thursday 1 December - Saturday 3 December at the BAT Centre, will showcase workers' often neglected talent as artists, musicians, poets and dancers. It will include but not be limited to

  1. Photographic and poster exhibition covering the history of the labour movement
  2. Cultural, dance, music, poetry, story telling and plays
  3. Display of arts and crafts
  4. Video and film screenings. A 20th anniversary special video mapping COSATU's 20 year history

 

6.IMF report on development & regulation of the labour market

COSATU says it remains deeply sceptical of the International Monetary Fund's Country Report 05/345 on South Africa, released in September 2005, in particular the comments made in relation to the continued need for more labour market flexibility in South Africa.

"While the report attempts to provide some anecdotal evidence to suggest that the South African Labour market remains inflexible in certain areas," says a federation statement, "it continues to lack sufficient evidence and research on those areas identified as being too inflexible - the high cost of dismissals, rigid collective bargaining structures and minimum wage setting in vulnerable sectors." The statement continues:

While the IMF continues to argue that South Africa has a high degree of labour market inflexibility, its own evidence clearly indicates that "based on standard indicators for industrial countries, previous staff work (Alleyne, 2000) suggests that South Africa's labour market flexibility is roughly in line with that of countries in the Organisation for Economic Cooperation and Development (OECD)." (IMF, Country Report, 2005).

Evidence presented by the South African Small Business Partnership, in its June 2005 report suggest that labour legislation is not the main reason for slow growth and employment creation amongst small business. Of all the business respondents surveyed (1794), 25% listed the lack of confidence and demand in the economy as the main reason for constraints in employment creation, 20% of those suggested that government regulations in general (tax and trade compliance in particular) and labour legislation as the second highest, with only 10% listing high labour cost as a reason for constraint in job creation. Business growth follows a very similar pattern in the survey done.

COSATU does not believe that there is a high cost in dismissal procedures. Firstly, it is important to segregate dismissal procedures followed; i.e. disciplinary dismissals and operational dismissals (retrenchment). Secondly, it seems that when 'evidence' points towards the high cost of dismissals the most extreme cases are used. Lastly, there is no data available that measures the true cost of dismissals in South Africa. It remains our view from our own experience that employers have relatively easy procedures for dismissing employees, particularly when it comes to operational dismissals. Depending on the size of the company and the number of employees affected, this procedure in most instances does not take longer than one month.

Furthermore, there is no evidence that our collective bargaining structures are over-centralised as suggested by the IMF. There are 48 Bargaining Councils in South Africa, covering only 26% of the employed (Labour Force Survey). Those covering Chemicals and Clothing and Textiles are fairly new and there is no centralised bargaining arrangement in mining. If we exclude the public sector this total would be significantly lower.

Thus a significant number of employees are not covered by a Bargaining Council. Their wages and conditions of employment are determined through plant based bargaining, individual contract negotiations or no bargaining at all, with wages and conditions of employment being set by the employer. This is the most significant, since we have a low level of union density in South Africa. It is therefore a myth, in our view, that our system of collective bargaining is rigid and we do not support the IMF view that this is a contributory factor in low employment growth.

Lastly it is our view that sectoral determinations are an important measure to deal with the most vulnerable sectors of our economy. Sectoral determinations have been set in the Domestic, Retail and Wholesale, Agriculture and Private Security, precisely because workers in these sectors are the most exploited. There is sufficient evidence to show that these workers earn the lowest wages, have the worst conditions of employment and enjoy very little protection from existing labour legislation, if not unionized.

In addition, the wage sectoral determinations in these sectors are relatively low and have not had an impact on stifling job creation. Contrary to the IMF's views, many of these sectors, such as retail and wholesale, domestic work and private security, have seen modest employment growth in their sectors.

COSATU believes that the high level of unemployment in South Africa cannot be blamed on the labour laws and minimum protection of standards that South African workers enjoy. Once again the IMF has failed to provide significant evidence that our labour laws are inflexible and a hindrance to employment growth.

 

7.Stalwart Liz Abrahams turns 80

It was with great pleasure that FAWU announced the 80th birthday of Comrade Liz Abrahams on Monday.

"We are very honoured," said the union, "to be able to celebrate this living legend's special day with her here at the union's headquarters in Gugulethu, Cape Town."

Comrade Liz is well known as a trade union leader, gender equality fighter, communist and loyal and committed ANC and SACP member. She was born on 19 September 1925 and started to work at a fruit factory at the age of 14. She became actively involved in labour politics within the factory and was soon elected into the Food and Canning Workers' Union organized by the likes of Ray Alexander, Oscar Mpetha and Lizzy Phike.

She worked closely with these stalwarts in building the Food and Canning Workers' Union (now FAWU) and COSATU. She later became treasurer of the FCWU and went on to become the acting general secretary when fellow activists were banned during the apartheid era. After the annual congress of the union, she was elected as the official General Secretary.

She was banned in 1963 under the Suppression of Communism Act for five years. After her banning order she continued where she left off and started organizing women. She contributed greatly towards the Federation of SA Women, Congress of SA, SA Congress of Trade Unions (SACTU), the Coloured People's Congress and ANC Women's League.

Ma Lizzy is still active in her community in Paarl - a living legend and true inspiration for all of us.

Support JZ - Have you made your donation yet?

Friends of Jacob Zuma Trust account with First National Bank Durban - Account Number 62087217818; Branch Code 221426 is the only legitimate public account associated with the former Deputy President. Members of the public wishing to contribute to the defence costs are urged not to deposit funds into any other account. Funds from the Trust account will be routed directly to the legal team acting for Jacob Zuma in the corruption trial.

A website has been established to provide updates on the funds collected, fund-raising events as well as the trial. It will allow members of the public to make suggestions for fund-raising activities, or send messages of support to Jacob Zuma. The web address is www.friendsofjz.co.za

A public SMS campaign has been commenced across all three of South Africa's cellular networks. By SMSing the word "Zuma" to 36045, members of the public will contribute R5 to the fund. The business service provider will provide monthly reconciliation statements which will be posted on the website.


 

 

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