Volume 10 No 4 - June 2001

Beatrix mine disaster

Trade union news

CEC report: COSATU is working for you
Exco report

Summary of the 24-26 April 2001 CEC decisions

The COSATU Central Executive Committee met for an ordinary session on 24-26 April 2001 to consider a range of organisational, political, socio-economic and international issues. We here highlight some of the key decisions of the CEC.

1. Political Discussion Paper
The political discussion paper presented and commented on by the February 2001 CEC will be circulated to members and structures of the federation. The November CEC will spend another day to further analyse the balance of forces and develop appropriate strategies suiting the prevailing political environment. In the meantime the members and structures are encouraged to discuss the paper and feedback in their structures

2. Constitutional Amendments
The amendments to the COSATU constitution as debated in the 7th National Congress were approved. Copies of the new constitution will be circulated to all shop stewards and structures in due course.

3. The National Democratic Revolution and struggle to eliminate women's oppression

i. The input paper will be redrafted, taking into account the detailed comments made by the delegates and summarised and circulated to the structures and members of the federation.
ii. The CEC in November will as part of its political analysis discuss the paper again.

4. CEC Commissions
The composition, terms of reference and programme of the Commissions were approved.
5. COSATU Budget for 2001
The working budget was adopted. In future the budget cycle will be changed. A draft budget will be presented to one or two Executive Committees before it is presented to the November CEC for adoption.

6. Political Report Session
i. A bilateral between COSATU National Office Bearers and the ANC National Office Bearers was to be held on the 14 May 2001.
ii. The CEC issued a statement on allegations made by the Minister of Safety and Security in connection with alleged threats to the safety of the President, and its linkage to processes of contestation over political leadership positions in the ANC.
iii. COSATU sought an urgent meeting with its Alliance partners to discuss these matters. In a nutshell, the CEC believed it was wrong for the Minister to announce the names of the three comrades. Further it issued a warning that state's resources should not be used to settle internal political differences. In addition, internal democracy should not be undermined and anyone willing to stand for a position in the organisation should be free to do so. Lastly it called for the investigation to be completed as a matter of urgency.

7. Application for Affiliation from MUSA
i. The affiliation application from the Musicians Union of South Africa (MUSA) was discussed. The CEC decided that the affiliation should not be accepted at the moment due to the current state of the organisation, including paying affiliation fees.
ii. COSATU will however assist MUSA to overcome some of the difficulties it is facing. In the long run MUSA should be integrated into the Performance and Arts Workers Equity (PAWE) and South African Football Players Union (SAFPU). COSATU will ensure that such an integration should take place as a matter of urgency.

8. RAPWU
i. The Retail, Agriculture and Plantation Workers Union (RAPWU) which has not paid affiliation fees since it was were admitted to the federation. The CEC decided that the union should be given another chance to show that they value their association to the federation by amongst other things keep in touch and pay affiliation fees.
ii. The CEC will monitor the discussions facilitated by the COSATU in the Western Cape regarding a possible integration of RAPWU to FAWU.
iii. Should this not work, the CEC in November 2001 will then apply the constitution to the full. This means that RAPWU will not be an affiliate unless it pays affiliation fees.

9. Preparation for the Central Committee and Organisational Review Committee
COSATU will host its Central Committee (CC) in September 2001. The CC is the second highest structure after the National Congress. The focus of the CC will be organisational renewal to strengthen our structures, expand our membership and improve services to members. An Organisational Review Commission has been established to conduct a thorough review of the organisation and table recommendation to the CC.

10. Recruitment Campaign
The campaign will be run during October 2001 alongside activities to commemorate the Kinross Disaster

11. Strengthening of COSATU locals
A strategy that seeks to strengthen COSATU locals was endorsed. The strategy seeks to ensure that locals return to their activist character by running campaigns of the federation as well as local campaigns and therefore being centres to provide solidarity between COSATU unions. On the other hand the locals are centres for mass political education, in line with our stated objective of building political consciousness of the working class.

12. Legal Challenges
A document designed as a policy to guide unions to deal with the growing problems of being sued by employers and disgruntled members. COSATU should convene a discussion/meeting with affiliates and the COSATU (CTH) lawyers who drafted the document.

13. Labour Slot on eTV
The proposal to have a weekly labour slot on the e TV was endorsed. COSATU should seek a sponsor from the companies has business relationships with.


14. Chris Hani Institute

The proposals from the Secretariat, Nedcom and SACP are to be referred to affiliates and the political commission for further debates. The June or July EXCO is mandated to finalise the strategy.

15. Implementation of the Skills Development Act


i. All affiliates committed themselves to the skill development process. Representation of affiliates in all structures and statutory bodies under the Skill Development Act (SDA) and SAQA Act should be taken seriously.
ii. All affiliates should set up a team of dedicated and able comrades to ensure that the SDA processes are consistently monitored and duties and responsibilities properly carried out.
iii. Beyond setting up the team a structure for mandates and report back should be put in place. To ensure that this process is actually carried out, each affiliate must commit one office bearer to this process, who will from time to time be updated about all activities in the SETAs.
iv. A campaign should be initiated around SDA processes by the federation and all its affiliates. To this effect, COSATU and all the affiliates should jointly mobilise resources and expertise (research) to support the skills development process to ensure the success of the campaign.
v. A strategy workshop on the implementation of the SDA and rest of the labour legislation should be convened. Funding has will be secured from Department of Labour for one national and eight regional workshops on skills development.

16. Strengthening the SACP
i. The 7th National Congress instructed the CEC to work out concrete ways of supporting the SACP, including providing it with financial assistance. It was motivated by a realisation that the long term vision of socialism which SACP stands for, which COSATU shares, make it impossible for the SACP to be attract funding from the captains of industry. Only those who share this vision can help ensure that the SACP effectively plays its role as the vanguard of the working class capable of leading the struggle for socialism.
ii. The National Office Bearers were instructed to workout a formula that will be used as a levy to help fund SACP. A report on this will be presented to the June 2001 EXCO. This formula should take into account that the current affiliates monthly contributions to the SACP were inadequate and need to be increased. The formula should recognise that affiliates are not equal in size. A number of affiliates are making other forms of contributions - this should be considered as well.
iii. The debit order campaign should be taken up more rigorously by affiliates. The current levels of voluntary contributions by workers were grossly inadequate. There should be a quota for every affiliate to reach. This quota should be drawn along the lines of the spirit of the 2001 NUM Central Committee which decided to at least get 100 000 members out of the 288 000 members to sign debit orders and make minimum of R10 monthly contribution to the SACP.
iv. The debit order campaign should also help COSATU encourage members to renew their membership and join the SACP. In this regard the SACP should review its membership fees, as it is currently too low.
v. There should be ways to creatively fundraise that should be discussed with the SACP.
vi. The NOBs should further work out a formula of getting all the SACP staff adopted by affiliates. This means that all salaries and benefits of staff, including that of the elected and fulltime leadership should be paid by individual affiliates in a manner that is equitable.

16. Black Economic Empowerment
The first draft of a comprehensive COSATU policy document on Black Economic Empowerment was circulated. This document is referred to affiliates for further discussion (see summary on Page ?). The statement made by the NUM General Secretary, Gwede Mantashe, should be circulated as well to enrich this debate in affiliates. The General Secretary is to investigate when the NEDLAC discussions on report from the Black Economic Empowerment Commission.

17. Victory against the Pharmaceutical Companies
i. The CEC agreed that the victory against the Pharmaceutical Manufacturers Association (PMA) represented a critical step in establishing a legal framework for making medicines affordable. It was also an important victory for activists, the poor and people of all developing countries with HIV/AIDS over corporate abuse of its power.
ii. The CEC recognised that the victory was only possible because of superbly organised global effort and the dedication of thousands of volunteers. COSATU congratulated and thanked all its allies and supports for their contribution.
iii. There is however also agreement that a long battle still lies ahead before affordable medicines are accessible to all those who need them. If steps are not taken immediately to implement the Medicines and Related Substances Amendment Act, the victory could prove to be a hollow one.
iv. The whole of civil society has to share the responsibility for taking the campaign forward. COSATU demands that employers, especially the big corporations, provide free treatment to those of their workers and their families who are living with HIV/AIDS. We also demand that insurance companies, banks and medical aid schemes end all discrimination against people with HIV/AIDS.
v. But the government has a special responsibility to give a lead. COSATU will be government's firmest supporter when it does the right thing, such as introducing the Medicines Act, but we will be its sternest critic if it fails to meet its constitutional duties to protect life and dignity. Particularly concerning are the continual delays in implementing a countrywide mother-to-child transmission prevention programme and the lack of a treatment plan.
vi. The government must:
vii. Immediately implement the Medicines Act;
viii. Immediately promulgate the regulations required under the Act;
ix. Begin implementing a countrywide mother-to-child transmission programme without further unnecessary delays;
x. Immediately apply for voluntary licenses on essential generic medicines;
xi. Invest more money into AIDS prevention programmes and include treatment as part of the prevention message;
xii. Develop a treatment plan by 16 June, which will outline how treatment will be made accessible to all South Africans with HIV/AIDS, opportunistic and sexually transmitted diseases, and will commit the government to increased health-care spending.
xiii. Linked to these measures, the government must urgently introduce a comprehensive social security system, to end the poverty and hunger which contribute to the spread of HIV/AIDS and makes its treatment far more difficult.
xiv. The pharmaceutical companies must act in good faith and not hamper the implementation of the Medicines Act. They may be represented in discussing the Pricing Committee regulations, but civil society, particularly TAC, other AIDS groups, health-care workers and labour must also be represented and have greater influence, as they represent the majority of our people.
xv. An important lesson from the PMA court case has been that global solidarity on social issues is immensely powerful. We would not have won so easily and quickly without global mobilisation. Issues of concern to all poor countries must be combated with a united front.
xvi. The next big battle is Brazil's legal battle in the World Trade Organisation with the United States pharmaceutical companies who want to stop the Brazilian government doing the same as the South African government is trying to do. The South African government must issue a statement of support for Brazil.
xvii. COSATU's objectives are to get treatment for people with HIV/AIDS in the context of building a quality health-care service. We will use all means at our disposal to achieve these aims, including:
xviii. Highlighting the issue of affordable treatment on May Day, 1 May, and Youth Day, 16 June;
xix. Writing a joint letter with TAC to the Minister of Health, setting out our demands;
xx. Organising an AIDS Walk to raise money and awareness;
xxi. Sending an office-bearer to Brazil to convey our solidarity and negotiate for the importation of cheap antiretroviral drugs;
xxii. Convene an Alliance summit meeting to discuss the treatment plan;
xxiii. Work with fellow trade unions in the Southern African region.

18. Day Light Saving from the MLC
A more detailed document debated in the Millennium Labour Council on day light saving should be circulated to affiliates for further debates. The June or July EXCO should debate and obtain a mandate from affiliates.

19. COSATU Education Strategy

i. The CEC welcomed a survey conducted by Ditsela as commissioned by the Education Department on affiliates and the federation education work. The CEC expressed a concern that political education has declined in some cases is non-existent.
ii. The federation should establish the extent to which education is outsourced to labour service organisations as well as the proliferation of labour service organisations. Linked to this is to what extent does the service organisations seek to dilute the broad ideological thrust of the movement. Whilst COSATU should not stifle debates, the line from the Congress is very clear. COSATU is part of the congress movement; it is part of the Marxist and Leninist school of thought; it uses historic and dialectical materialism as tools of analysis. No institution or labour service organisation should be allowed to dilute the ideology of the federation.
iii. The education strategy presented was broadly endorsed.

20. Labour Law Amendment
i. The new Labour Law Amendments to an extent attempts to address weaknesses identified by the February CEC. The package was broadly endorsed. The CEC identified a number of concerns that the federation should seek to address during the next stage of the process. However the federation is now ready to engage the process in the formal negotiations in Nedlac.
ii. The CEC calls on members not to lower their guard and should remain mobilised until Nedlac and later parliament have approved the law. No one should have an illusion that the threat on workers hard won rights is over.
iii. Business was still to obtain a mandate from its constituencies. It is our sincere hope that the progress made so far will be safeguarded and that business will commit to the draft agreement unreservedly. If business fails to commit itself to the deal, the CEC was of the view that the discussions in the MLC should be terminated and the draft agreement viewed as null and void. COSATU would then have no choice but to revive its Nedlac Section 77 notice on this issue and implement the programme adopted by the 7th National Congress.

21. Peoples Budget Process
i. The document produced by COSATU, SACC and SANGOCO must be popularised amongst members and communities to make our claim of a peoples budget true. Ordinary workers and members of communities should be allowed to input on the priorities of the budget. The Peoples' Budget process and content should be distinct from the secret nature of the government budgetary processes.
ii. A visible mass campaign should be launched in the run up to the next budget speech.

22. Anti Privatisation Campaign
i. The CEC noted raised serious concern about government's programme of privatisation. These processes place the provision of basic services - water, electricity, telecommunications, transport, and parts of health and education, in particular - increasingly in private hands. Yet experience from South Africa, as well as the rest of the world, demonstrates that private providers will not provide an adequate service to those who cannot pay - which in our country means the vast majority of the historically disadvantaged. Privatisation will only perpetuate apartheid patterns in the provision of government services.
ii. Government aims to restructure the big four - Telkom, Eskom, Denel and Transnet - without taking into account either the views of labour or the profoundly negative effects on the poor and on development in general. The privatisation of provincial parastatals continues, devastating communities and causing large-scale job losses. Government has been unable to rein in managers of state corporations who are bent on privatisation in the name of efficiency. Similarly irresponsible strategies have emerged in the restructuring of local government and the public service. In both cases, outsourcing has been seen panacea, with not adequate analysis of the implication for service delivery or jobs.
iii. Most of the privatisation is happening with little or no discussion with the working class. Where there are discussions these do no necessary help to influence or change government policies.
iv. Government, realising that privatisation was not popular in its constituency, has now given many terms to it such as restructuring, equity partnership, outsourcing and black economic empowerment ventures, etc.
v. COSATU should immediately submit a Section 77 notice to Nedlac and if no solution if found to our demands, a two day national general strike should be called.

23. Job Summit Process
i. The progress made thus far in preparing and capacitating affiliates for the job summit processes in every sector is appreciated.
ii. COSATU should however guard against over centralisation of the process in a manner that can disempower affiliates.

24. ICFTU
i. The CEC noted that there are rumours that the current ICFTU General Secretary may vacate his position before the end of his term. It also noted that some ICFTU affiliates are urging COSATU to avail a person that can replace the ICFTU General Secretary in the event of him resigning before the end of his term. COSATU notes that some affiliates of the ICFTU would also prefer that COSATU takes over the position of the spokesperson of the workers' group of the ILO once the current spokesperson's term of office expires. COSATU affiliates must discuss first whether we should contest these positions and if we agree to contest, whom should we make available for both positions.
ii. The National Office Bearers should in the meantime keep their ear on the ground and monitor developments in order to advise the federation on the best route possible. The EXCO should discuss developments.

25. Swaziland and Palestine Situation
i. The CEC received reports on the situation in Palestine and Swaziland. It was unanimous in its condemnation of the terror unleashed by the Israeli government on Palestinians and the repression of trade unions and other formations in Swaziland.
ii. A call was made to the Swaziland government to desist from its repressive measurers and to create the space for freedom of assembly, speech and association. For this reason, the 1973 Decree which bans free political activity must be lifted as a precondition for dialogue. We call upon the Swazi government to enter into bona fide discussion with the democratic forces to find a peaceful and lasting settlement to the political crisis in the country.
iii. The CEC is of the view that the current Israel government is bent on physical destruction of the Palestine people under the guise of security. Sharon has the blood of innocent Palestine and his warlordism must be condemned by all peace loving people. The US government has been discredited as a mediator in the conflict and that it is now important that the UN intervene in the debacle.
iv. The right of the Palestinians to sovereignty must be defended and the establishment of a Palestinian state heeded. We call on the people of Palestine to redouble their effort to fight for freedom from colonial domination and military occupation. COSATU will embark on a fact-finding mission during course 2001.

 


A summary of the decisions of COSATU's Exco, held on June 5-6 2001 at COSATU House

1. Credentials and unions not in good standing


The federation should have a general policy on circumstances that could exempt unions from paying affiliation fees. The framework should borrow from some of the exemption clauses of the international trade union federations. It should also relate to circumstances such as seasonal workers, temporal workers, causal workers and informal sector, who do not pay fees to their unions all the time due to the nature of their work. The draft framework proposal should be tabled at the November CEC for discussion and adoption.


2. Alliance Processes
The summit scheduled for June 23-24, 2001, is postponed to August. EXCO accepts that it is not possible to discuss every issue in a single Summit. Therefore the meetings should focus on one or two big issues. This approach will help finalise issues instead of leaving things open.

In preparing for the Summit, COSATU will seek to ensure that the first issue in the list of four below is dealt with in the August 2001 Summit. The Alliance Secretariat should initiate processes to address urgent interventions, such as privatisation, the UIF Bill, etc.
1. Getting the alliance to work and to adopt a programme.

Under this heading, the key issues are:

3. Restructuring the state


4. Labour law reform


  • Lessons from the labour law amendment process
  • UIF bill
  • Failure of the government as the employer to implement the BCEA
  • 40 hour working week
  • Potection of farm and domestic workers including other vulnerable workers
    A bilateral between COSATU and SACP will be held on July 26, 2001. This mean that EXCO will be held over three days i.e. July 24-26,2001.


    3. Strengthening the SACP
    Many affiliates had not discussed the proposal on how best COSATU can support and strengthen the SACP in line with the '7h National Congress decision and as instructed by the April 2001 CEC. The matter will debated again in the July EXCO.


    4. The DTI Industrial Strategy Document
    The paper from the DTI on industrial strategy including the draft COSATU response from COSATU will be debated within affiliates. The July EXCO will discuss the paper in more detail.


    5. Anti Privatisation campaign
    The demands contained in the draft section 77 notice to Nedlac were endorsed. They should include the NUM's section 77 notice which contains detailed demands on Eskom. A programme of action was also endorsed. The programme is tailored to respond to the Department of Public Enterprise's disregard to the agreements reached with itself and to protest in parliament when the Bill is debated. (See attached the details of the programme of action.)

    A letter should be written to the ANC asking an urgent intervention before the Conversion Bill is voted by the National Council of Provinces.
    COSATU to co-ordinate effectively all actions. Affiliates have a responsibility to report back the decisions and to mobilise members.


    6. Labour Law
    It was noted that the agreement on labour law amendments has gone through the MIC and has since been introduced to the Nedlac for negotiations.


    7. Investment Council
    The recommendations of the investment council were endorsed. Once the research has been conducted on investment activities of COSATU and its affiliates in areas identified as strategic, a workshop of COSATU leaders will be held.


    8. Job Creation Trust
    The report was noted. It was agreed that the fund should be sustained by charging interests on all projects that have a potential for profits, provision of bank guarantees and loans. The interests should however only seek to recover the administrative costs associated with monitoring the projects. A bias towards the provinces most affected by unemployment and poverty shall be maintained. These are Northern Province, Eastern Cape, KwaZulu Natal and Northern Cape. Overall, however, the projects should have a truly national spread. Affiliates with suggestion who should replace Dr. Beyers Naude and Albertina Sisulu to the trust should approach the National Office Bearers who were given a mandate to finalise the replacements.


    9. Daylight Saving
    The research used by the ULC in its debates should still be circulated to affiliates. The July EXCO should finalise the COSATU's view on the matter.


    10. COSATU Policy on Black Economic Empowerment
    The EXCO endorsed the document circulated in the April CEC as a broad framework which should be used for engagements in Nedlac. Affiliates who have not discussed the document are encouraged to do so and will be allowed to enrich the document in the July EXCO.

    11. Pension Surplus Bill
    COSATU NOBs will seek an urgent meeting with the Minister of Finance and Alliance,
    Material will be produced, other federations encouraged to make separate submissions, and meetings held with stakeholders in the retirement industry to enlist their support. It was noted that the hearing on the Pension Surplus Bill will be held by Parliament Portfolio Committee on Finance on the June 19, August 22 and August 24, 2001.


    12. World Summit on Sustainable Development
    The EXCO noted that the World Summit on Sustainable Development will be held on September 2-11, 2002, in South Africa. The EXCO agreed that COSATU must host and fund the ICFTU meeting of 1 3 0 people as part of the preparing the trade union input to the summit. A political oversight committee with representatives of all the cartels shall be established, with a technical task team to provide back up. A programme of action on fundraising, logistics, policy development and communications will also be developed.


    13. UN World Conference on Racism and Xenophobia
    The EXCO noted reports from various workshops and meetings that COSATU has been part of in preparations for the UN World Conference on Racism and Xenophobia. Many of the meetings are not well co-ordinated and cover the same ground. This duplication should be addressed.


    14. Central Committee Preparations
    The EXCO noted that the organisational review commission will meet on June 12, 200 1. Only the COSATU President will address the CC. The General Secretary will present a 12 months report on activities of the federation with limited discussions. A panel of stalwarts of the movement will be organised, as part of a conscious effort to ensure that we do not move away from the traditions and values of the federation.
    Thereafter the report of the organisational review commission will be discussed in commissions. Five commissions will cover the following areas:


    The work plan of the organisational review commission should take into account the need to take members on board. The first draft report should be circulated to all members in July, in order to allow for debates and thorough preparations.


    15. Financial Statements
    The following statements were adopted:


    16. Update on the situation in Zimbabwe
    A substantial report provided for information was noted by EXCO. The EXCO condemned the attempt by the so-called war veterans to render unions ineffective. This is an attack on trade union movement and human rights. The ZANU PF government's approach shows the extent of their desperation to make themselves relevant after dismally failing the poor and the working class. Factory invasions can only worsen the desperate economic situation.


    17. ICFTU-AFRO XIII Report
    The EXCO noted the report provided.

    Programme for COSATU'S anti-privatisation campaign

    COSATU has committed itself to a massive campaign to stop the government's plans to privatise public utilities, culminating in a two-day general strike in August. The key objective of the campaign is to stop any form of privatisation, in particular the Eskom Conversion Bill.

    PLAN OF ACTION
    The programme will be in three phases: planning, mobilisation and actions for the general strike.
    Planning

    Mobilisation:

    Action