The weekly newsletter for COSATU members and the public
22 April 2005
 
A very significant chapter in the country's labour history has come to end, given the settlement reached with regard to the 2006 wage negotiations in the private services security sector.

The signing ceremony concludes one of the most difficult collective bargaining rounds and negotiations that we have engaged in since our country's historic democratic breakthrough in 1994.

The socio-economic location of the negotiations in this vulnerable, exploited, low-wage and non-compliant industry confirms that the working poor do exist and ever widening income inequalities between rich and poor continue to rise. Furthermore, certainly a set of complex negotiations were complicated by an existing wage agreement signed on 1 April 2006 by 14 unions and 5 employer associations. Satawu and Tawusa decided to hold out and continue their legitimate struggle to improve the conditions of service of their members, as we were convinced that industry's profitability levels allowed it to offer better than 1 April.

We were condemned and accused by many political and business groupings and the public at large for violence and having lost control of our forces. We confronted the full wrath of the state and its agencies to the extent that our constitutional right to strike was completely violated, particularly in the Western Cape. Thousands of our members were shot at, wrongly arrested and assaulted. It is therefore our intention to sue the Minister of Safety and Security. Regrettably, other than our traditional trade union allies locally and internationally, very few chose to condemn the employers for lacking the will to improve the conditions of workers, including our state president. In addition, our female parliamentarians, deputy ministers and ministers had nothing to say about the absence of maternity rights for female security officers yet they claim to represent the aspirations of women.

It is appropriate therefore that we first and foremost salute our members for their resolve, unity and power which made this victory possible. In this context we must appreciate the support of the families, friends and neighbours who sustained our striking members for 3 months.

We must also recognize the support and solidarity we received from the following organizations:

COSATU national, its provinces and its affiliates
United Network International (UNI), our global union federation
SACP, YCL, Workers World and Ilrig, among others

To those journalists who followed the story for the right reasons and reported objectively, keep up the good work by continuing to fight with your conservative editors (some) for space to cover the stories and struggles of workers in a society where capital largely determines the agenda.

The security sector remains one that needs a revolution. It is a sector that needs SATAWU as a progressive trade union with a vision for the industry. To this end the declaration of the Section 77 at NEDLAC is intended to address issues of real transformation in regard to the tender system, non compliance and employment equity among others.

Out of over 200 000 there are just over 60 000 unionised workers which demonstrates the gravity of the challenges we face. In addition, the growing number of unions numbering close to 20 must be addressed as it is unhealthy situation and presents employers with greater opportunities to divide and rule as we have seen during this round. Furthermore, this army of security officers some often unregistered and untrained become the grossly exploited given their desperation for income.

We are very proud of the achievements we have made at the negotiating table in spite of all the odds stacked against us. This three year agreement lays a firm foundation to transform the sector and bring it closer to the other more mature industries in our country.

The agreement which grants employees 9.25% in year 1, 7.25% in years 2 & 3 to be applied in percentage terms puts more money in workers' pockets across all grades except for grades A & B. The reduction of Area 5 into Area 4 is extremely important for grade E workers in the rural areas of our country as they receive an immediate adjustment from R1050.00 to R1171.00, in addition to the percentages outlined above which translates into a 19.8% increase.

The monetary increment is appreciated but what will ultimately transform the industry are the other less popular conditions that this agreement addresses - maternity leave, meal intervals, study leave, overtime and night shift allowance et cetera.

We must also emphasise that this agreement does not signify an end in itself. The protracted nature of the strike means that the struggle continues to improve the conditions and the process of transformation. Satawu stands ready to take on this challenge with determination.

We will have to ensure that this sector changes radically to be in line with the current socio-political realities of the country.

This is a fantastic victory but marks the beginning of an ongoing, determined struggle to achieve living wages, decent social benefits like medical aid and the transformation of the industry in which workers are rewarded, appreciated, skilled and be proud to be security officers.

The clients and users of private security services have an important role to play to ensure that providers remunerate employees in terms of the Sectoral Determination to bring an end to non-compliance and exploitation. Greater governance is therefore required with regard to regulation in both public and private sectors to root out unscrupulous employers'. We will work with employers who share the vision of transformation of the industry.

Finally, we wish to express our sincere thanks to the CCMA, its director and commissioners for their role in ultimately driving the parties to a resolution.

 

2. China's cutback on clothing & textile exports

The recent announcement by China that it will cut back on exports of clothing and textile exports to South Africa has been warmly welcomed. "It can create thousands of new jobs in the local industry," said Ebrahim Patel, General Secretary of SACTWU.

The announcement follows months of negotiation between the governments of China and South Africa. The agreement now awaits final signature by the Trade Ministers following its initialling at a ceremony involving Chinese Premier Wen Jiabao and South African President Thabo Mbeki. Both governments have to comply with internal formal processes that are expected to be concluded within the next two weeks prior to the agreement coming into effect.

The agreement is expected to set quantitative targets on specified clothing and textile products and the final text and details are in the process of being finalised.

Over the past three and a half years, the local fashion manufacturing industry has lost approximately 63 000 jobs, largely as a result of a surge of imports from China. Since 2002, clothing imports from China rose by 480%.

In July last year, SACTWU submitted an application to the International Trade Administration Commission (ITAC), the statutory body responsible for trade-relief measures, detailing the market disruption and injury caused by the flood of Chinese imports.

The application identified a large number of products where jobs were lost, factories closed down and local manufacturing capacity was lost. It called for urgent trade safeguard measures as permitted under the terms of China's accession to the World Trade Organisation (WTO).

Following the application, consultations took place between the two governments, as required by World Trade Organisation rules, in order to consider the request by SACTWU. These talks concluded with consensus to have a bilateral agreement in which China undertook to limit exports and increase investment in the South African industry.

"The agreement is a positive development and will help to save and create local jobs," said Ebrahim Patel.

"The agreement, which is for a fixed time-frame, gives us a great opportunity to rebuild the local industry. We need to use the space created to ensure we make our factories state-of-the-art and improve training of workers on a scale that will develop South Africa into a world-class producer," he said.

"Over the past three years, industry has been completely preoccupied with short-term survival and not enough focus was placed on the long-term development of the sector. This agreement will now give business and labour a unique opportunity to plan ahead," he said.

"The industry needs a triple package: trade measures with China, a competitiveness package for industry and an active 'buy local' campaign. We have now achieved an in-principle agreement on the Chinese imports. The rest of the plan has to be implemented as a matter of urgency. Taken together, they can create more than 60 000 new jobs in the industry," he said.

"In March this year, during the Cape Town Fashion Festival, SACTWU released details of a 14 point growth plan for the industry which envisages significant support from government to recapitalise plant and equipment, train workers, support innovation and design excellence and turn the industry into a quick-response, consumer-oriented sector. Business, labour and government are in the process of finalising the plan and it will be an excellent complement to the trade agreement," Patel said.

"We acknowledge the cooperation between the dti and SACTWU on the future of the industry, the support given by the tripartite alliance since April 2005, and the public commitment to the industry made by President Mbeki. The COSATU programme of mass action has highlighted the fate of retrenched workers and has built a constituency of public support for the industry" he said.

3.Is SABC banning free speech?


COSATU's Deputy General Secretary, Bheki Ntshalintshali, sent the following letter to Advocate Dali Mpofu, Group Chief Executive, SABC on 20 June 2006.

Advocate Dali Mpofu, Group Chief Executive, SABC

Dear Advocate Mpofu

I was concerned to read an article in today's Sowetan entitled "SABC blacklists 'disloyal' critics". The author, Kingdom Mabuza, alleges that the SABC has banned four top black political commentators - Aubrey Matshiqi, William Gumede, Karima Brown and Vukani Mde - and that "SABC editor Snuki Zikalala has told his staff that opinion pieces by the four commentators should not be accepted for use in the public broadcaster's news and current-affairs programmes".

Would you please confirm or deny the truth of this allegation.

If it is true, it will reinforce COSATU's previously expressed concern over media reports of remarks allegedly made at an ANC media briefing by "a senior SABC personality" about the need to 'isolate and neutralise' the COSATU General Secretary.

We are still awaiting your reply to our letter demanding that the SABC disassociate itself from these comments attributed to the SABC official, and that if any person from the SABC did make those comments that she or he resign his or her position.

COSATU believes passionately in the need for a truly independent public broadcaster. The SABC must never be allowed to play a partisan role and form part of factions in our movement. If there is any truth in either of these serious allegations, it will mean that the Corporation is departing from these principles, and undermining our democracy.

I look forward to your early response.

4. International Solidarity needed over WTO trade deal

This is an input to the Executive Board of the International Confederation of Free Trade Unions, in Brussels, delivered by COSATU General Secretary, Zwelinzima Vavi, on 22 June.

I am glad to have the opportunity to make an input to this important meeting. It is especially important because we are sitting at a time of crisis and threat for workers in the South, as a result of the current negotiations at the WTO.

In these circumstances, the ICFTU today has the historic chance to demonstrate to millions of workers around the world, including in South Africa, that the international labour movement can bring real improvements in their lives.

As many of you know, COSATU thought long and hard before it affiliated to the ICFTU. It decided to join because of its deep-seated belief that international solidarity is critical for every union and every union federation. In a globalising world, no worker is protected unless every worker is protected - and that in turn requires the solidarity between us all.

It is for this very reason that the labour movement has always said: in unity is our strength - an injury to one is an injury to all!

Now we need to reforge our unity in the face of the threat from the WTO, which threatens to take away any hope of development in the South and in the process condemn workers to unemployment, poverty and oppression. In the long run, that will undercut conditions for workers everywhere.

Three areas of negotiations at the WTO pose a critical threat.

First, on NAMA, the current proposals for the formula will lead to extensive cuts in tariffs by middle-income developing countries, making it virtually impossible for them to industrialise further. We would again be doomed to be producers of raw materials, cheap manufactures and tourist spots. In contrast, today's rich countries in Europe, North America and Asia all used very high tariff levels to develop their manufacturing industries.

The architects of apartheid wanted to relegate black workers in South Africa to be forever only hewers of wood and drawers of water. The WTO proposals would reinstate that proposition.

Second, in agriculture, the current proposals will reportedly do little to open the doors to exports from most developing countries. In any case, most African farmers lack the marketing networks and resources to expand export production. Most studies find that the current proposals for sharp tariff cuts under NAMA and very limited market access to the EU and the US would impact negatively on Africa as a whole.

Finally, on services, current proposals from the EU and the US seek liberalisation in key areas such as finance, retail and telecommunications. Experience to date suggests that opening basic services under WTO rules will make it harder to maintain a strong public sector and to subsidise the poor to support universal access.

How will these proposals affect the world labour movement?

To start with, they mean the countries of the South will remain a source of cheap and often oppressed labour in international production chains. They will impoverish Africa even further and prevent most of the rest of the South from industrialising. At the same time, they make no provision that countries respect core labour standards or provide any social protection.

In these circumstances, countries with weak unions and limited labour rights may flood the international market at the cost of better jobs across the globe.

Furthermore, governments in some key countries in the North, especially the US, have done almost nothing to ensure that workers don't bear the cost of adjustment. As a result, many workers in the North seem to see the poor of the South as a threat, rather than as workers to whom they owe a duty of solidarity. All too often, we see short-term and short-sighted support for protection against labour-intensive goods like clothing as well as agriculture, at the cost of the very poorest workers in the world.

Finally, unions in the South ultimately feel betrayed by the North as a whole, including the unions that don't take a strong stand to help them out in their hour of need.

At the same time, these difficult conditions give us a chance to re-assert the strength and importance of international solidarity. The demand for core labour standards must be supplemented by demands that ensure that countries in the South do not pay an even higher price for globalisation. Moreover, we must develop common positions on what governments in the North must do to ensure the costs of adjustment do not fall solely on workers.

COSATU's immediate demands are, first, that the NAMA negotiations must use a coefficient of at least 40 and exempt 15% of imports for developing countries. Even so they will see huge cuts in tariffs, but at least will have some space to industrialise.

Second, the EU and the US must make genuine concessions on agriculture, coupled with commitments on assistance to smallholders in developing countries. At the same time, we must demand that governments in the North take measures to ensure that the adjustment costs do not fall on the back of workers and the poor.

Finally, on GATS, basic services must not be tabled by any party. Any agreement on services must explicitly that governments may take any measures needed to improve access for poor and working people.

This Executive marks the final stage of international workers' unity with the merger between the ICFTU and the WCL. It would be tragic if it also opens the door to deeper divisions between workers in the industrialised and the developing countries.

Instead, this Executive must give us a way forward in this difficult era of globalisation by reaffirming a common labour position on trade and development. It is only through workers' solidarity that we can ensure that workers in the South have options and won't just undercut those in the North. Only on that basis can we build a strong voice for workers through the international labour movement.

5. NEHAWU's Service Delivery Campaign

Management at the Rustenburg Provincial Hospital allegedly told workers to lie to union leaders and to the Minister of Health about the real situation at the hospital.

This shocking allegation emerged this week as NEHAWU leaders went on a walk-about at the Rustenburg Hospital to talk to workers as part of the launch of the NEHAWU Service Delivery Campaign in the North West province.

"In our department, we were told by our matron not to say anything negative to NEHAWU leaders today and to the Minister of Health on Thursday. Yet we have many problems" said angry nurses, who cannot be identified for fear of reprisal.

"It is a sad day for our country and our young democracy when management tell workers to hide the truth about their problems." said Mzwandile Makwayiba, NEHAWU 2nd Deputy President who attended the walk-about and listen to workers as they related countless problems to him and other union leaders in attendance.

The key problems raised by workers were acute staff shortages, poor conditions of service, unbearable workload, favouritism by management, and patients who are treated according to who they are.

In responding to the problems raised by workers, Makwayiba told them that their problems are the same as those experienced by other health workers across the country. This is the reason why NEHAWU has launched the service delivery campaign to highlight these problems to government and to members of the community.

As pat of the way foward, workers agreed to picket at the hospital on Thursday, 22 June 2006, during the visit by the Minister of Health to highlight to her the fact that management sought to mislead her about the real situation in the hospital. Other demands that workers want to raise with the minister include:

Filling of all funded vacant posts in the hospital.
Creation of new posts to relieve the acute workload that current staff has.
An end to favouritism by management
Grievances related to Performance Management Development System to be attended to.

COSATU NW adds its support

COSATU in North West Province has condemned the treatment given by the management of Rustenburg Provincial Hospital, and the rest of those who view them as politicians in that institution, to the poor communities around the Rustenburg Bojanala Region.

"As part of the COSATU Jobs and Poverty Campaign programmes," says provincial Secretary Solly Phetoe, "one of our unions (NEHAWU) launched a Service Delivery Campaign on 20 June 2006 at the Rustenburg Provincial Hospital with a walkabout, visiting all the wards from 5h30am until 16h30pm.

Through the visit we can confirm that all the things that COSATU Job's and Poverty Campaign programme has be saying all over the country are happening in that hospital, things like:

  • Racism
  • Casualisation
  • Retrenchments
  • Poor service by the hospital to the committee
  • Very bad treatment by senior management to the employees and the poor communities.
  • Favouritism by management to those who call themselves close relatives and girlfriends.
  • Overloading of our members with more work without employing staff e.g. in one section it is expected to have six registered nurses and currently it has one nurse.

"In 2002 COSATU unions in the same institution went on strike against the style of managing of the former Chief Executive Officer and he was dismissed, but it became clear during our visit to the wards and in interviews with workers yesterday that there is no change; it has gone back to the apartheid era style of managing.

6. NEHAWU in dispute with the Northern Cape Provincial Legislature

The three-months old pay dispute between NEHAWU and the Northern Cape Legislature remains unresolved and union members are contemplating a strike action on 3 July 2006.

The conciliation conducted under the auspices of the Commission for Conciliation Mediation and Arbitration on 20 June 2006 failed to resolve the wage dispute for the 2006/7 financial year.

NEHAWU initially demanded a 9% salary increase, and that the current allowances on Housing and Medical be increased to R2000 per month each, effective from April 2006.

Throughout the negotiations, the employer remained steadfast that all that they could afford was a 5%, across the board, effective from July 2006. The union rejected their offer. Negotiations ultimately deadlocked on 17 May 2006 and NEHAWU referred the matter (mutual interest) to the CCMA for conciliation. At the conciliation meeting on 20 June 2006 at CCMA House, the Union revised its demands to:

9% salary increase, effective from April; R500 pm increase on Housing Allowance. Medical benefits to be renegotiated at another forum

The employer rejected our revised demands, without offering any counter offer. After having had a separate meeting with the Commissioner, NEHAWU again reconsidered its demands. "We were then prepared to change our implementation date from April to July," said the union.

"The employer said that they were prepared to implement with effect from April but not on the 9%. They remained steadfast on their initial offer of 5%. NEHAWU rejected their 'revised offer'. We felt that the employer was not moving at all.

"It became clear that there was no settlement in sight. After all else had failed, the Commissioner granted NEHAWU a certificate, which entitled us with the right to embark on a protected strike.

"It is worth mentioning that the employer went to Treasury last year when they presented their budget without having consulted with the union. They unilaterally decided on the 5% across the board increase. The 'across the board' increase goes against the letter and spirit of a settlement agreement we concluded with the employer on 8 September 2004. The agreement stipulated that management shall not be part of any future wage negotiation with the union."

The union will ballot members for a possible strike action with effect from 3 July 2006.

"Members of the union are fully aware of the principle of no work, no pay. We are, however, ready for the consequences thereof. It is a sacrifice we are prepared to make for the betterment of our members' conditions of employment," said Mali Mosikare, NEHAWU Shop Steward at the Northern Cape Provincial Legislature.

7.COSATU's response to Smuts Ngonyama

COSATU has noted the comments made on SABC News by Smuts Ngonyama, the head of the presidency of the ANC, in response to the SA Communist Party's criticisms of the Growth, Employment and Redistribution (Gear) programme, Black Economic Empowerment (BEE) and moves towards a capitalist State.

Smuts Ngonyama said that "At each major turn, particularly in the 1997 and 2002 (ANC conferences), alliance partners took part in the discussion on these issues. The resolution that emerged from these assemblies not only became official policy of the ANC, but also reflected the broad views of the alliance."

This comment betrays a complete misunderstanding of the nature of the Alliance between the ANC, COSATU and the SACP. Each component is represented at the congresses and conference of the other, but is bound only by the decisions of its own policy-making structure. According to Comrade Ngonyama's logic, if the SACP and COSATU must bear responsibility for decisions taken at ANC Conferences in which they participated, the ANC, which participates in all COSATU Congresses, should equally be bound by their decisions.

This is obviously absurd. The reality is that the three allies are independent bodies, each with its own constitution, programmes and policies, who work together on issues of common concern where there is consensus. While policies converge on many issues, they also diverge on others, and each partner has the right to disagree with the others on specific issues such as GEAR.

The three organisations cannot possibly therefore be mandated by all three congresses simultaneously.

 

8.Protest in support of farm worker at Kroonstad Magistrate Court

A group of disgruntled FAWU members as well as members of the Edenville community in Kroonstad staged a protest on Wednesday 21 June at the Kroonstad Magistrates' Court in support of a farm labourer, Malesetsane Ramotlane. He is being accused of assaulting Johan Pretorius, who is employed as a farm manager just next door to where Malesetsane works.

FAWU feels this is a great injustice as Pretorius actually assaulted comrade Ramotlane some time last year, accusing the worker of being drunk. Malesetsane does not drink nor does he smoke. When the police were called in, they apparently could not come because the incident happened over a weekend. Pretorius even had the arrogance to threaten Malesetsane on a public road, telling him not to enter the farm where Pretorius was employed. It is being alleged that he even threatened to shoot him.

The union says it is sick and tired of this sick behaviour by some farm managers. "The ill-treatment, abuse and victimization of our members on farms have to come to an end. It is also strange, though not surprising that Van Niekerk, who employs Cde Ramotlane on the farm Paradys, is keeping mum about the incident.

9. COSATU in Mpumalanga in active solidarity with people of Swaziland

 

On 12 April 2006 South African Police Service members opened fire on demonstrators at the Matsamo border gate, which left eight people injured, two seriously, and 25 arrested. The demonstrators were members of COSATU who had been through the legal channels to secure permission to demonstrate against the abuse of human rights and lack of democracy in Swaziland.

On 22 June the Bosfontein Magistrate court, hundreds of COSATU, SACP, ANC and Swaziland Solidarity Network (SSN) members descended to picket and demonstrate outside the court as the 25 comrades who were arrested appeared in court. The communities in and around Nkomazi are mobilized to attend in large numbers as they sympathise with the people of Swaziland and share with COSATU the following demands:

Introduction of a process of constitutional reforms and democratic transformation. Immediate repeal of the 1973 degree outlawing democracy and opposition parties. Immediate repeal of all laws preventing the free exercise of trade union rights.
Release of political prisoners and dropping of all charges against them. An unconditional return of those who are in exile

10.Police raids condemned

COSATU was shocked to learn that yesterday, 21 June 2006, police stormed into the offices of some of its affiliated unions in Upington, and searched their premises.

The police warrant of search stated that these were 'Cosatu Offices', yet COSATU does not have offices in the area. The building houses regional offices of FAWU, SATAWU, PAWUSA and NEHAWU.

The police allege that they found Dagga in SATAWU Offices and arrested the SATAWU Regional Secretary, Basil Laatoe, for possession of Dagga. The police also damaged the door of the FAWU Office.

COSATU is appalled by the behaviour of the police. By breaking office doors, they left important union documents and property unprotected overnight.

We are not opposed to searches as such, provided the police have proper legal authority and genuine reasons, but searches must be done correctly and with respect to the staff in the offices. Our condemnation of the police's actions was vindicated later when Captain Roussow from Upington police station came to the FAWU offices, spoke to a FAWU official and said that they will fix the office door that the police broke.

COSATU demands a full investigation into this incident which it sees as a deliberate move intended to undermine the federation and its affiliates. It follows a number of disturbing incidents , including the arrest of COSATU leaders at the Swaziland border demonstration in 6 April and in Cape Town in May, and the violent tactics used by the police against striking security guards.

Is it a coincidence that this raid took place after a statement from SATAWU that they intend suing Charles Nqakula for "the undue use of police force" against striking members during the security guards'' strike?

 

11.Workers take a knock for refusing black economic empowerment scheme

Black employees of a major engineering firm face being penalised for failing to accept their employer's 'devious request' to take over the running of the company under the auspices of the broad-based black economic empowerment (BBBEE) scheme.

Through BBBEE legislation, unscrupulous employers wantonly enlist their employees as shareholders in order to cream off profits in lucrative government tenders which strongly favoured black economic empowerment contestants.

Genrec engineering management, in a dramatic move, is taking to the Labour Court the giant NUMSA and its 170 members, the Metal and Engineering Industries Bargaining Council (MEIBCO) and a commissioner who presided over the dispute case of their dismissal, for refusing to participate in the company sponsored BBBEE meetings.

A series of meetings were reportedly conducted by the company since December last year to explain the Letsemma black empowerment proposal, but employees repeatedly refused to attend.

Workers who failed to attend the BBBEE meetings were summarily dismissed after written warnings were issued repeatedly. They were consequently hauled before disciplinary enquiries as a result of their failure to attend these meetings.

And the hearings were conducted in respect of each accuse individual employee, who were all dismissed for allegedly boycotting the so-called company organized "black economic empowerment meetings" under Letsemma BBBEE.

But, the bargaining council arbitration has ruled in favour of the union and ordered that the cases should be consolidated into a single dismissal case in respect of all 170 union members because the scarce dispute resolution resources would be extensively overstretched.

Genrec management this week applied to the Labour Court to have the ruling set aside because the company would be severely and unfairly prejudiced. If a single hearing is conducted, the company feared that it would not be able to prepare properly and avail witnesses for every instance of defense raised by dismissed employees, the company claimed.

NUMSA's chief legal officer Booysen Mashego yesterday vowed to fight the dismissed workers' case with all our strength to the last extremity. "As a union we are not prepared to tolerate this nature of exploitation of metalworkers by unprincipled white employers, we will pursue them to their highest constitutional structure to ensure that this window-dressing come to the close end," he said.


 

 

 

 

 

 

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