COSATU Weekly 12 May 2006

The current phase of the Jobs and Poverty Campaign reaches its climax next week, with a nationwide general strike, with marches in all our cities and towns on Thursday 18 May. COSATU and its affiliates will keep you informed throughout the week of detailed plans for each area.

NUMSA has been setting the pace this week in the build-up action, with lunch pickets paving the way for the general strike. On Tuesday, metalworkers staged mass protest demonstrations throughout the country, heeding a call by COSATU to demand government intervention to end job losses.

The lunch-hour pickets and marches were organized by affiliates in the manufacturing sector in a show of support for the largest labour movement's jobs and poverty campaign. Other unions which took part in Tuesday's action included CEPPWAWU and SACTWU.

"Metalworkers in their numbers participated in industrial protests in the Cape Metropole and Atlantis against unacceptable job destruction in the metal and engineering sector, which often resulted to proliferation of labour brokers and job casualisation," Said Clement Heradien, NUMSA Western Cape regional organizer.

In Johannesburg's major industrial areas, hundreds of workers embarked on work stayaways, after confusion was caused by the postponement of the general one-day strike, resulting in NUMSA officials running on a rampage in a bid to persuade workers to return to work.

Charles Bezuidenhout, NUMSA Wits Central secretary said the majority of companies took part in the strike in preparation for next week's planned nationwide strike. Workers in major steel foundries in the Witbank, Middleburg, and Nelspruit in Mpumalanga were reported to have turned out in full force in the picket lines to demand secured jobs, according to NUMSA regional secretary Eric Linda.

2. Correct false informarion, says SACTWU

SACTWU has called on the General Manager of Ninian & Lester, a Durban-based clothing company, to correct his false information issued to employees regarding the legality of the COSATU protest action originally scheduled for 9 May 2006.

COSATU has called for the protest action (now postponed to 18 May 2006) in terms of the provisions of Section 77 of the Labour Relations Act. This makes the action protected and legal.

However, in a company memo to Ninian & Lester employees, the General Manager, Mr A Verhagen, states as follows: "In terms of the LRA, strike action of this nature is deemed to be unprotected."

It is not acceptable that senior management tries to mislead employees about their legal rights by deliberately spreading such obviously false information. This casts a deep shadow over the integrity of leading business people in our country.

SACTWU has today written to Mr Verhagen and has called on him to correct his false information and to apologise to the company's employees for having spread such false information.

Copies of the relevant company notice and the formal letter from the union is available on request from Rhoda Kelly on phone number (021) 4474570.

3.Message to the US Government

The following memorandum was handed to His Excellency, Mr Donald Teitelbaum, Chargé d'Affaires, United States of America, on 10 May 2006, by COSATU Gauteng Provincial Secretary, Siphiwe Mgcina, at a picket of the embassy by COSATU members as part of the Jobs and Poverty Campaign.

Dear Mr Donald Teitelbaum

COSATU writes to bring to your attention the disaster awaiting our country, South Africa, and the rest of the countries in the South or the developing nations. As you are aware the World Trade Organisation is negotiating a detailed agreement based on the very unfavourable and anti development framework negotiated in the Hong Kong WTO Ministerial Conference in December 2005.

You will recall that the Doha round of WTO talks started with a solid promise that this would be a "development round". Over the last year, we have become absolutely convinced that a number of governments, particularly from the European Union together with the United States, are paying lip service to this commitment. Instead, a terrible trade-off is being offered to developing countries: increased access to the markets of developed countries for agricultural products in return for significant market liberalisation particularly in industrial products.

What this means for a country like South Africa is that we will be seriously de-industrialised, lose a significant part of our manufacturing sector, and become simply a producer of primary products and a destination for tourism. The proposed tariff cuts will cut very heavily into our labour intensive sectors. For example, using the tariff cutting formula proposed by the developed countries (the so called Swiss formula) with a coefficient of 30 (the variable they propose that influences how steep the tariff cuts will be):

Tariffs in passenger vehicles would be cut from the current applied rate of 34% to a rate of 18.8%. This represents a real decrease of a massive 45.5%
Tariffs in clothing would be cut from the current applied rate of 40% to a rate of 18%. This represents a real decrease of a massive 55%.
Tariffs in televisions would be cut from the current applied rate of 25% to a rate of 15%. This represents a real decrease of a massive 40%.
Tariffs in furniture would be cut from the current applied rate of 20% to a rate of 12%. This represents a real decrease of a massive 40%.
Tariffs in final plastic products would be cut from the current applied rate of 20% - 25% to a rate of 12% - 13.6%. This represents a real decrease of a massive 40% to 46%.
Tariffs in auto components e.g. brake pads and lining would be cut from the current applied rate of 30% to a rate of 15%. This represents a real decrease of a massive 50%.

Developed countries have argued that developing countries should not be concerned about the tariff cuts as they will be allowed some flexibility though excluding 5% of their tariff lines from tariff reduction or allowing 10% of tariff lines to take a smaller reduction than proposed by the formula. The reality is that these flexibilities will not sufficiently protect workers and light industry in South Africa and many other developing countries.

To take a South African example, we will see a substantial decrease in 255 tariff lines affecting clothing. If we calculate how many of these we could protect through the provisions for exclusions, we find that they are already 4.63% of all tariff lines. If you include the wider range clothing, textiles footwear and leather, 15.3% of tariff lines are affected. This means that clothing, textiles, footwear and leather alone would not be protected by a 5% exclusion. There would be no space to even think of including automotive and components, plastics, furniture, downstream metals and the range of other labour intensive sectors.

Using the formula to reduce our tariffs will also not allow South Africa to industrialise in the future as we will not be allowed to raise tariffs to a sufficient level to protect developing sectors or labour intensive sectors. This will condemn us to being providers of raw materials for exports.

Evidence has shown that increased liberalisation poses a threat to industrialisation. For example, according to Mehdi Shaffaeddin , an UNCTAD study on 50 developing countries showed that half the countries that liberalised imports experienced de-industrialisation. Only 10 of the 50 countries expanded their manufacturing value added.

To make matters worse, developed countries are reported to be shifting back the goal posts in the NAMA negotiations and placing intense pressure on developing countries to liberalise. At the same time, they have frustrated developing countries by refusing to move substantially on the agricultural negotiations. Any outcome under these conditions can only favour developed countries and be a severe blow to development for developing countries.

Thus, this matter is so serious that unless action is taken at the highest level, we face the likelihood of a WTO agreement that will spell the end of any prospect that South Africa can seriously combat poverty and unemployment. We will truly be condemned as basket cases that require charity for many decades in future.

We therefore, appreciate public statements made by many in support of development. We however feel that more drastic action not just words is needed to stop the catastrophe waiting workers in Africa and in other developing nations. It is in this context that we urge your government through this memorandum to retract the stance it has taken in the WTO negotiations in support of the fight against mass unemployment, gross inequality and terrible levels of poverty in developing countries.

4. Alliance statement on judgement on ANC Deputy President J. Zuma

The ANC, COSATU and the SACP said on Monday that they welcome and accept the judgment handed down today in the Johannesburg High Court acquitting ANC Deputy President, Jacob Zuma, of the charge of rape.

The Alliance partners have consistently indicated their support for the principled position that the law should be allowed to take its course, and that the rights and dignity of both the complainant and the accused needed to be respected and upheld.

The Alliance welcomes the fact that the case was conducted in line with key tenets of South African justice, including:

* that no-one shall be above the law, as enshrined in the Freedom Charter, adopted 51 years ago;

* The statement contained in our Constitution, adopted exactly ten years ago today, that: "Everyone is equal before the law and has the right to equal protection and benefit of the law";

* The Criminal Procedure Second Amendment Bill, 2001, which says: "the accused has the right to be presumed innocent until proved guilty beyond reasonable doubt".

We are relieved that this trial has come to a conclusion, as it has been distressing not only for the families involved, but also for the Alliance and the country as a whole.

The trial process confirms that our democratic institutions, which we fought for over many years, are on a firm footing. The verdict was reached after an exhaustive and transparent process.

We call on all South Africans to accept and respect the judgement handed down today. The judgement means that Jacob Zuma is innocent of the charges levelled against him, and, as the judge indicated, was falsely accused.

Support for due legal process and respect for the judgement, regardless of its finding, is a necessary part of our common responsibility to uphold and protect South Africa's democratic constitutional order.

We call on all our people to continue to exercise discipline and restraint and celebrate only the fact that the trial vindicates the principles enshrined in the Freedom Charter and Constitution.

The Alliance extends a special message of support and empathy to both families involved, who, during a distressing time, have had to endure the public exposure of personal details that would under other circumstances have remained private.

The Alliance partners reaffirm their abhorrence of the crime of rape and all other forms of violence against women. We will continue to press for the severest possible punishments for those found guilty of such offences.

We also note the comments made by the judge around the need of all sections of society, including the media and other commentators, to respect the court and due process of law, not to proceed from a position of ignorance, and to understand that evidence led in a trial should not be taken as policy statements, particularly regarding the issue of HIV and AIDS.

As today's judgement brings this case to an end, the Alliance commendsthe Alliance membership, in particular, and the people of South Africa, in general, for heeding the call to allow the legal process to run its course, to respect the rights and dignity of those involved, and to exercise discipline, patience and restraint.

5. NEHAWU press statement on the judgement

NEHAWU also joined millions of South Africans in accepting the no guilty verdict on charges of rape against the ANC Deputy President, Cde Jacob Zuma. "We respect the judgment by Honourable Judge Van der Merwe particularly because we believe it is based on the facts of the matter and is within the prescripts of the Constitution of the Republic of South Africa as well as applicable legislation.

"We call on all those who doubted Jacob Zuma's innocence including sections of the media to accept and respect the judgment as an outcome of a fair legal process. The law has taken its course and we request all our fellow South Africans to respect this judgment.

"To the Deputy President of the ANC, Cde Jacob Gedleyihlekisa Zuma, UMsholozi, we say congratulations. To the complainant, we sincerely wish her immediate recovery from the possible stress associated with testifying in this case. We hope all South Africans drew some positive lessons from this case.

6. Cosatu welcomes Zuma apology

COSATU has welcomeds the apology by ANC Deputy President Jacob Zuma for having unprotected sex with an HIV-positive woman.

COSATU says it has repeatedly urged everyone to abide by the ABC rules to prevent being infected by HIV - Abstain, Be faithful, Condomise. "We regret the fact that Jacob Zuma broke these rules and we agree with Judge Willem van der Merwe that 'It is totally unacceptable that a man should have unprotected sex with a person other than his regular partner and definitely not with a person who, to his knowledge, is HIV-positive'

" COSATU however fully accepts Jacob Zuma's apology and his admission that he 'should have been more cautious and more responsible"'' We applaud his commitment to join the war against Aids, a pandemic that affects one in seven adults in South Africa and threatens the lives of countless thousands unless we unite to defeat it, and we look forward to campaigning together with him to win this war against HIV/AIDS."

7.Update on SATAWU security guards strike

SATAWU reports that the attitude by security employers towards the CCMA suggests that they are not interested in seeing the end of this strike action. After confirming their participation in a CCMA meeting, employers decided to change their minds in the last minute saying they are no longer available.

"This displays the employers' lack of respect for democratic structures in the country and pours scorn on esteemed judicial and executive institutions in the country" says the union.

"We have noted with concern that each time there is a court ruling against them, the employers will, of necessity, reject it. What we did not anticipate was that they would extend the same attitude towards the minister of labour and the CCMA.

"We also have noted that they have consistently rejected rulings by black judges and accepted those made by white judges. Given their attitude, it makes us wonder if this is purely coincidental. We believe that members of our judiciary are competent, as are members of the executive of the country.

"Secondly SATAWU would also like to call on the growing number of top ANC members who own security firms to add their voice towards the democratisation of this sector. If they do not do that, history will judge them very harshly for folding their arms while slavery was being perpetrated in their own companies while they themselves continued to amass vast amounts of wealth."

After the employers' refusal to talk, the SATAWU leadership then sought a mandate from union members regarding the pre-condition set by the employers to call the strike off before our talks resume this Friday under the auspices of the CCMA.

"Results received by our office indicate that workers are not prepared to take that route because they believe it is not a good-faith request. They insist that the strike should go ahead. They have cited among other reasons the fact that employers are going ahead with court cases against the union yet they want the union to withdraw the strike.

8.POPCRU calls for more acceptable conduct from police & protesters

POPCRU has a growing concern about the altercation that has been ensuing recently between the police and protesters.

"As an organisation that advocates justice for all," they say, "we support any legitimate form of action to express dissatisfaction over any matter by members of the public and their respective organisation. It however remains our thinking that all protest activities should be done in a manner that observes the rule of law, which the police members are duty - bound to protect.

"In the same breath, we want to send a word of caution to all police members to always remember that the democratic system has ushered in a dispensation in which the SAPS provides safety and security. This mandate is different from the one of the old order when we had the police force that applied heavy-handed measures even when such were not called for. We are equally disturbed by the allegations that suggest that there have been instances in which police members provoked protesters.

"We encourage protesters to ensure that there is sufficient control when embarking on their activities. We further call on the SAPS Management to ensure that police members deployed to monitor protest action do not act in a manner that violates the constitutional rights of the protesters in a way reminiscent to the dark days of the old order."

9.NUMSA to hit employers who owe R52 million on workers fees

It surely can't be long before the country's major metalworkers' union hits sham employers who owe about R52 million on workers' subscription contributions and bargaining council dues.

About 900 companies owed about R52 million on union membership fees and related employers' legislated bargaining council levies, a study by the NUMSA information technology specialists has disclosed.

As a result, thousands of NUMSA members, who are also covered under the union's funeral policy membership scheme, have also fallen into two or three year's arrears. And, the companies which deducted subscription fees, but failed to transfer the funds over to the union account would be liable to settle the workers' funeral claims, NUMSA chief national legal officer Booysen Mashego has warned.

In fact, NUMSA information technology and legal units have almost done it. A number of companies have been issued with summons to appear in court for failing to transfer the union subscription payments to the union. Two smaller engineering companies - Lafron Plating and Infast Tools are among the several defaulting companies which were summoned to court for non-payments.

Mashego said the union has been battling to collect workers subscriptions which Lafron in Industria deducted from workers wages from 2004 until now but management refused to cooperate with the union. The company is also demanded to pay the interest at 15, 5% for three years on R15 157 for each year.

Infast Tools, in Cleveland deducted monies from NUMSA members since March 2003 and it (company) has allegedly failed to pay the dues over to the union up to this day.

Out of a total of 4352 motor, garage workshops retail, electrical and engineering companies which paid employees' subscription contributions directly in to the union account, 900 were found to have defaulted payments for the past three years.

At least 1336 companies paid the union contributions through Motor Industry Bargaining Council (MIBCO) and Motor Industry Benefits Fund Agency (MIBFA) before they (the funds) were directed to the union account.

Some engineering companies were also found to be fraudulently deducting workers' weekly union contributions, but deposited the funds into separate slush accounts to raise capital interests before they were paid back to union accounts after regular letters of demands were issued by the union.

"It's goullish, sick situation. Some of the companies make it a point that they deduct union subs from workers and raise interests recurrently for three to six months before they were reminded with letters of demands by the union and paid without interests," Lucas Mthiyane, NUMSA metal and engineering sector co-coordinator said.

And, the union is not only stuck up with unpaid subscription fees, but it has identified a further R12 million transferred in the union accounts yearly which were not allocated to any companies because of administrative blunders committed by the bargaining councils. It has been discovered that the bargaining council's flawed processing system resulted in the funds not being separated from agency shop fee and workers' subscriptions.

NUMSA's next move is to reinforce its joint initiative with the bargaining councils to identify the companies and take them to court if they have no other means of settling the arrear debt.

10.United Steelworkers rally to demand justice at SAPPI

More than 200 United Steelworkers (USW) union members from Maine, USA, and their supporters rallied in front of Sappi Fine Paper's North American headquarters this week demanding justice in collective bargaining talks with the company. Sappi security personnel refused entry to Sappi workers who were delivering signed petitions to North American CEO Ronee Hagen from the company's employees at its five US locations.

Busloads of workers from Sappi's Westbrook and Skowhegan, Maine, plants - which are currently facing difficult negotiations with the company - led the union support rally. Local and regional labor leaders, as well as a South African labor leader, CEPPWAWU President Pasco Dyani, who represents Sappi paper plant workers, addressed the noontime crowd.

"We're seeking fair labor agreements at all of Sappi's locations," said USW International Vice President Dick LaCosse. "Sappi must stop trying to pit plant against plant, and workers in one country against those in another. We're here to say that company tactic isn't going to work anymore. Union workers at Sappi are sticking together from now on. We all need good-paying jobs with decent retirement and health care benefits in each of our communities."

Sappi workers have been working under the terms of expired labor agreements for several years in some cases. At the Maine mills, workers have been working under an expired agreement for almost four and three years, respectively. The Muskegon, Mich., mill has been without an agreement since June 2005. The Cloquet, Minn., facility's agreement ends this year on May 15.

Against a backdrop of signs with messages like "Securing our Job, Our Future, Our Community" and "Offer Not Acceptable," USW District 4 Director Bill Pienta told the crowd that Sappi is playing not only with the lives of its employees and their families, but their towns as well.

"Every time Sappi breaks its promise to retirees that they'll have health insurance, it's ensuring that there will be less money flowing into the community. The same is true with the company's proposal to shift more of the health care burden onto their employees," Pienta said.

"We must have an agreement at each Sappi location that guarantees the company's future investment in Westbrook, Skowhegan, Muskegon and Cloquet," LaCosse said. "Investment in these Sappi mills will help them remain competitive. We're also trying to get the company to move away from its proposal for two-tier benefit programs, because they only hurt the younger workers coming onboard."

Representatives and members of the Greater Boston Central Labor Council, Massachusetts AFL-CIO and Massachusetts Jobs with Justice gave their support to the Sappi workers.

"Sappi Paper is another, in a long line of corporations, seeking to destroy middle-class living standards and the American Dream," said Rich Rogers, executive secretary-treasurer of the Greater Boston Labor Council. "The Greater Boston Labor Council stands in solidarity with the Steelworkers from Sappi in their struggle against corporate greed."

Workers in South Africa have also been having problems with Sappi. Pasco Dyani told the assembled crowd how his union struck the company in 2005 over its alleged failure to promote black workers into senior positions. "Sappi apparently was employing or promoting only white people in senior positions within the company," Dyani said. "In response to our strike, the company gave our members final warnings, and is in the process of taking disciplinary action against all the shop stewards.

"It's a disgrace that an international company like Sappi is determined to destroy the voice of workers because of their fight against racism. At CEPPWAWU, we've struggled against apartheid and won. This time we'll win again," Dyani said.

The USW is the largest industrial union in North America with 850,000 members, and represents workers in industries ranging from health care to steel, oil and paper. The union represents 1,500 workers at Sappi's five North American facilities. All of the company's facilities throughout the world are unionized.

11.United Steelworkers rally to demand justice at SAPPI

Hundreds of FAWU members and supporters participated in a massive protest march 10h00 on Tuesday 9 May 2006 in Paarl in support of about 300 striking workers at the company's Klipheuwel (Durbanville) plant. The union plans to hand over a memorandum to the Pioneer Foods' Head office, following the Tydstroom subsidiary's arrogance in demanding that our members must work compulsory overtime and on public holidays.

FAWU wants the company to withdraw their infuriating demands and award our members a decent wage increase of R180.00. This should not be too difficult seeing that workers allege the company's recent profits amounted to 30 million rand.

FAWU also condemned the callous police brutality when two female workers were assaulted during arrests were made last Wednesday. FAWU is tired of management's arrogance in dealing with the matter. We demand a meeting with the company to discuss the dispute. The violation of labour laws is a clear indication that Tydstroom does not respect the country's labour laws and forces the union to call for stronger action.

The union handed over a memorandum to both companies listing their demands. If the company fails to respond by 12 May 2006, the union will have to proceed with our plans to mobilize all FAWU members in massive sympathy strike action across South Africa.

12.United Steelworkers rally to demand justice at SAPPI

POPCRU has commended the police for their successful operation, which led to the bust of concealed Mandrax whose value amounted to R146 million on 10th May 2006. "This is a major breakthrough," says the union, "and the fact that it is the biggest bust recorded in Gauteng is an indication that the police are pulling all the stops in their endeavour to rid our society of this deadly substance.

"We therefore find it very befitting to congratulate the police for this success. We call on them to view this success as a motivating factor to them putting more effort and not as something that should make them rest on their laurels.

"We have cause to believe that there are drug peddlers who have been successful in getting these deadly substances to our communities. In this regard we appeal to members of the public to cooperate with the police in exposing drug dealers who are running this dangerous business to the detriment of our very communities. We further call on the state to avail more resources and provide more expertise so that all provinces should be able to fight this scourge."

13.United Steelworkers rally to demand justice at SAPPI

COSATU is mourning the sad passing of Jimmy Seepe, the political editor of City Press, and has sent condolences to his family and colleagues.

Jimmy regularly attended press conferences called by COSATU and its affiliates, and invariably asked highly pertinent and probing questions. His articles were always well researched and well written.

"They were often controversial and on occasions we were not happy with them. But we knew we could always discuss our differences with Jimmy in a frank and comradely manner, and that his motives were always to promote debate and keep his readers well informed. South Africa journalism has suffered a great loss, and Jimmy will be greatly missed within the trade union movement."

14.United Steelworkers rally to demand justice at SAPPI

COSATU this week joined fans of Kaizer Chiefs and football lovers throughout the world in mourning the tragic passing of Patrick 'Ace' Nsoelengoe. "He was without any doubts one of the very greatest soccer players of our time," said the federation.

Since 1969, when he first joined AmaKhosi, through his spell in the North American Soccer League, to his later years as a coach of Chiefs' youth team, Ace was an inspiration to all those who watched or played with him.

There can be no doubt but for the cruel imposition of apartheid in sport, Ace would have been a regular member of the national squad and a player of great international esteem. He will always live on in the minds of all players and supporters of the beautiful game.

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This week...

Correct false information, says SACTWU

Message to the US Government

In other news...

1.Jobs & Poverty Campaign - All out on Thursday 18 May

2. Correct false informarion, says SACTWU