Volume 10, No.1 - February 2001
Never Again
After Lenasia - There must be no islands of exploitation in South Africa
The tragic death of 11 workers, in a horrific fire at the ESS Chem factory in Lenasia on 18 November 2000, shocked the nation. Even if this had it been an isolated incident, it would still have been an outrage, - that workers were locked in a factory full of inflammable chemicals, with no means of escape in case of fire.
But investigations carried out since the tragedy by COSATU and the Department of Labour have revealed that there are hundreds of similar workplaces where workers' safety, security and even their lives are of no concern to bosses who are flouting the laws of the land in order to maximise their profits at the workers' expense.
Urgent action required
Immediately after the fire, COSATU Deputy President, Joe Nkosi, and SACP General Secretary, Blade Nzimande, led a delegation to the factory. They met the remaining employees of ESS Chem, the families of the deceased, workers and managers of other factories in the area and the investigating SA Police Service officer.
The visit confirmed the shocking working conditions of ESS Chem workers. They worked 15 hours a day for R375 a month; the employer illegally and unfairly took deductions from their salaries without any explanation and victimised the workers, particularly those who complained about the working conditions.
Joe Nkosi expressed COSATU's outrage: "The accident confirms what we have always said, that
the conditions of millions in our country must be improved and that legislation must be enforced without fail."
Representatives of the Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (CEPPWAWU) are now following up the claims and demands by the remaining workers. COSATU and the SACP have called for urgent action to justly compensate the remaining employees.
On inspecting other factories in the area, it was clear to the delegation that there are many violations of existing legislation regarding working hours and health and safety standards.
One is a salt packaging factory owned by the brother of the owner of ESS Chem. Workers reported that this salt packaging factory recently dismissed workers on unfair and illegal grounds.
"We cannot allow the Small, Medium and Micro Enterprises sector to literally get away with murder," said Blade Nzimande. "The working conditions are shocking. The investigation we are calling for must cover all small employers throughout the country,"
Heaven for unscrupulous employers
Following the tragedy, COSATU moved into action to campaign for an end to dangerous and illegal working conditions throughout the country. It has given full support to the Department of Labour's campaign of spot checks to enforce the laws which protect workers.
COSATU General Secretary, Zwelinzima Vavi, joined the Director General of the Department of Labour, Rams Ramashia and a team of his inspectors, in Lenasia, to check whether employers were complying with the Basic Conditions of Employment Act and other laws.
At Crown Salt, the factory owned by the ESS Chem boss's brother, inspectors found many irregularities:
Other nearby factory owners had hastily vacated and locked their premises before the inspectors could reach them. But Rams Ramashia assured them that the inspectors would return and, if necessary, obtain a court order to enter the premises. He promised that they would campaign to ensure that workers are aware of their rights and employers are aware of their responsibilities.
"It is an unbelievable situation, " said Zwelinzima Vavi after the visits. "This area is a heaven for unscrupulous employers to do as they please. Employers are exploiting the sea of poverty in Southern Africa. The unions and government must launch a campaign to tell employers about their legal obligations, and I hope the employers will also get involved in the campaign.
"The new labour laws were brought in to put an end to a horrible situation. Many workers in unions have been able to exercise the rights given by these laws but many others cannot exercise their rights. A right won but not exercised is as bad as a right lost"
COSATU, he said, rejects the views expressed by Thami Mazwai that small employers cannot comply with the labour laws. He said he was happy that the Department is taking action and gave full support to the policy of zero-tolerance on safety, with spot checks and rolling inspections in high-risk areas like Lenasia.
We must put a stop to it!
A week after the fire, several hundred workers from factories in Lenasia gathered outside the charred remains of the ESS Chem factory, to lay wreaths in memory of the 11 and to vow that such tragedies must never happen again.
The meeting was addressed by COSATU General Secretary, Zwelinzima Vavi, Prema Naidoo on behalf of the Lenasia ANC branch and Bob Mabaso of the SACP.
Zwelinzima Vavi said: "Lenasia cannot become an island where employers can practice racism and flout every law in South Africa, an island where workers are locked up in factories for 15 hours with no escape route, an island where workers work 15-hour shifts a day without overtime, an island where workers are all casual and not registered, an island where workers are paid R50 a week and abused on a daily basis.
"Under our laws, no worker can be forced to work under such dangerous conditions. We want to give a warning to the bosses: your island of exploitation will come to an end!"
He urged all the workers to join a union, a right guaranteed by the constitution of this country. "After the TV cameras and Department of Labour inspectors have gone, you will still be left with these bosses. That is why you need to get mobilised and join unions.
"We cannot allow bosses to run with murder here. It is not a question of black or white - all bosses pursue profit at the expense of your lives, your health, your dignity and your well being. Under apartheid we all had a common foe. The common foe today is bosses who want to keep workers down. It cannot go on for another day. We must put a stop to it!"
He welcomed that fact that the owners of ESS Chem had been arrested but said it was very bad that they had been given bail. "In South Africa, if you have money you can bribe your way out of jail!" He promised that trade unionists would be outside the court for the trial and asked the magistrates to give sentences that do justice to the eleven lost lives.
He expresses COSATU's condolences to the bereaved and announced that the federation has asked the community of Lenasia and the whole South African community to support the Disaster Relief Fund to help and show solidarity with the bereaved families.
The bank details are:
Account name: Lenasia Workers' Disaster Relief Fund Bank: Standard Bank, Lenasia Branch Account Number: 204 201 551
At the end of the meeting, COSATU's Wits Regional Secretary, Anthony Selepe, met representatives from all the workplaces and arranged a meeting to take the campaign forward. Three inspectors from the Department of Labour noted dozens of complaints from workers in the area.
Less than two months after the ESS Disaster, the owner of another Lenasia factory, assaulted a Department of Labour inspector, Peter Loubscher. After receiving a tip-off from a worker, the Department sent three inspectors to the Dasort Foof Corporation Factory factory on 12 January.
They found that workers were working illegally long hours and were locked in the factory from time to time "to prevent theft". Electrical wires were broken and installations poorly maintained. The inspectors issued the company with a prohibition order, shutting down all installations and sealed the dangerous equipment.
Mr Loubscher returned to the factory on Monday 15 January, with two other inspectors, to make a follow-up inspection. While they were waiting at reception, the owner appeared, behaving very aggressively, and started attacking Mr Loubscher. When he tried to run away, the factory owner instructed his security to lock up the factory gate because "he had not finished with him". Due to the belligerent attitude of the employer the inspectors left the premises without completing the inspection.
This incident is further evidence that employers are flouting the law and have a total disregard for the health and safety of their workers. Even after the ESS tragedy, employers are still risking the lives of their workers and resisting attempts to force them to comply with the law.
South Africa is not the only part of the world to suffer disasters like Lenasia. Exactly one week after that tragedy, on 25 November 2000, 45 workers including 10 children were burnt to death in a devastating fire at Sagar Chowdury garment factory in Bangladesh.
The fire sparked from an electrical short circuit and soon engulfed the entire building where over 900 workers were on duty.
"As all the collapsible gates of the building were locked, no-one could come out immediately," said an eye-witness report. Local people along with fire-fighters broke open the gates of the building and rescued the rest of the workers and 40 dead bodies.
The National Garments Workers Federation, with nine other garments workers' organisations under the Banner of the Bangladesh Garments Workers Unity Council immediately protested the killing and organised a condolence and protest demonstration on 27 November.
Pat Craven interviewed two workers from Lenasia.
It says a lot about the state of affairs at workplaces in Lenasia that these workers asked not to be identified for fear of losing their jobs. They have worked in a small woodwork and hardware factory for 13 and 11 years respectively.
Along with most of the workers they joined PPWAWU in 1992. (PPWAWU has recently merged with the CWIU to form CEPPWAWU).
Since then management have tried to undermine the union by offering workers a R50 'mbobayi' to leave the union. They justify these as bonuses to workers who are "pushing production". But this is ridiculous, because workers work together; one worker cannot produce a coffin on his own! Unfortunately some accept this because they do not understand why they should be in the union. Education is a key problem.
Other pressures are more subtle. One of the workers interviewed has been moved to a workplace outside the main factory, where he works all on his own, making it difficult to speak to his fellow workers.
Also non-members are often treated better. They are more likely to be promoted to supervisory jobs, especially those who are members of the owner's family. Union members are treated like underdogs. When there were retrenchments last year, all eight retrenched workers were union members.
Another worker was attacked by a manager and had to go to hospital for treatment. The union reported the incident to the police but they said there was no case. He has now left his job.
Yet the majority, 18 out of 29 workers, are still in the union. They can see that the union has got them more money. Working conditions are not as bad as at ESS Chem. They are never locked in and work normal shifts from 7.30 to 5 pm, with two half-hour meal breaks. But some of the saws are not fitted with proper guards and, although they are issued with masks, they do not provide sufficient protection from the paint-spraying. They need more protective clothing.
The entire workforce attended the meeting outside ESS Chemicals. They were shocked that workers could have been locked up for a whole night.
They saw many workers from other factories joining unions. They gave details of the health and safety problems at their factory to the Department of Labour inspectors but have still not had an inspection.
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