Volume 11, No.1 - Feb-May 2002

Labour News

 

From Lenasia to Newcastle

From Lenasia to Newcastle: workers lives in danger from unscrupulous bosses

By Patrick Craven

On 13 December 2001, in a dawn raid in Newcastle, KZN, a joint team from the Department of Labour and the SA Clothing and Textile Workers Union (SACTWU) visited clothing and knitting companies to check on their compliance with the law on health and safety and labour standards.

The raid followed an earlier incident in which twin babies died inside a Newcastle clothing factory because their mother, Nokuthula Hlatswayo, and 15 other workers were locked inside the factory and could not summon medical help when she went into labour. It also took place just over a year after the fire in a Lenasia chemical factory, in which 11 workers were burned to death because they were locked inside.

The Newcastle team discovered substantial evidence of disregard for the law, including locked factory gates with workers working inside. They identified evidence of unsafe working conditions, ranging from loose electrical wiring to unsafe machines.

"The raid showed many examples of inhuman treatment of workers, ranging from exposing them to life-threatening situations, to gross underpayment", said SACTWU General Secretary, Ebrahim Patel.

In some factories, workers reported working 85 hours per week. In other instances, wages of as little as R15 to R60 per week were uncovered. Many other violations of worker rights were discovered. Pregnant women were penalised with lower wages when they returned from maternity leave. Fines were issued on workers who did not clean their machines. In some cases, mobile toilets inside the work area were provided, resulting in a stench in the work area, which also served as the rest room and eating area.

In one recent instance where a worker was alleged, six weeks ago, to have injured her hand at a machine, and did not receive treatment from her employer. She died shortly thereafter, and the company concerned did not investigate the incident, nor report it to the authorities. Newcastle has been allowed to become the country's biggest sweatshop.

Regrettably the investigators identified blue-chip retailers such as Edgars, Jet, Ackermans and Mr Price as customers of the sweatshops and found labels of Nike, Levy's, Diesel and Adidas produced in these conditions where workers were exploited.

"There is a moral responsibility on the retailers and brand owners to ensure the law is enforced by their suppliers," said Ebrahim Patel. "We now intend to meet with these retailers and ask them to account for the actions of their suppliers. We will not accept retailers profiting from the misery of workers".

An SABC TV crew covered this dawn raid. They filmed inspectors as they discovered serious violations of labour and health and safety laws and interviewed people involved, including the SACTWU General Secretary.
It was clearly a major news story. Yet it was not shown on the main SABC English TV news bulletins. In response the verbal inquiries SABC staff said that the bulletins were 'full' and that this story had been squeezed out

COSATU lodged a complaint against the SABC for failing to use this story, arguing that the SABC as the public broadcaster has a responsibility to reflect all aspects of life in South Africa in an accurate, fair and balanced way. It argued that this was a story with strong personal interest and political importance and undoubted news value and to ignore it did not constitute fair and accurate reporting.

COSATU demanded that the SABC show this footage, with an apology and explanation for not broadcasting it.
The Broadcasting Complaints Commission (BCCSA) however rejected the COSATU complaint, firstly on a technicality about the date on which it was submitted, but, more seriously, on the basis that "there was a strong possibility that the Commission would decide, as it has decided in the past, that unless a complainant can show that a broadcast lacked balance or called for further response from a person criticised, the matter cannot be adjudicated upon.

"In other words," they said, "there must have been a broadcast for a start. Only then would the BCCSA be able to decide upon the question whether a further broadcast should take place. In the present matter there has been no broadcast."

This is an extraordinary argument. The whole point of COSATU's complaint was that the item was not broadcast. Yet they say the fact it was not broadcast is a reason for rejecting the complaint? It implies that if a broadcaster ignores an important story, viewers can have no complaint against the broadcaster nor redress from the BCCSA.

COSATU will be taking this matter up with the BCCSA and urges all its affiliates to monitor broadcasters' coverage of their disputes, including when they ignore them and put in complaints until the broadcasters start to give proper attention to important worker issues like this one.

 

Plastic bags - Do we need them?

 

By Tanya van Meelis, COSATU Trade and Industry Policy Co-ordinator

We all come into contact with plastic bags virtually every day:


· We use them to carry things home from shops.
· We put our garbage into them.
· We unwrap components at work that have been wrapped in them.
· We pour cereal from a plastic bag in a box.
· We see plastic bag as litter, in the streets and countryside.

We may not give much thought to these plastic bags, but proposed regulations from government will ensure that the issue of plastic bag litter affects all our lives. Most importantly, if the proposals of Minister of Environmental and Tourism Affairs, Valli Moosa, go through, more than 70 000 of us may lose our jobs, and we will all pay more for food. BackgroundIn May 2000, the Minister, having identified litter as a problem and focused on the contribution of plastic bags, proposed new regulations to ensure that we use thicker bags.

A number of parties (including labour) made submissions to the department and it was decided the issue would go to Nedlac. There a task team was set up and a research study commissioned, through the Fund for Research into Development, Growth and Equity (Fridge), coordinated through Nedlac.

The research focussed on the socio-economic impact of moving to thicker vest-type carrier bags (VCBs) and looked at the impact on employment, investment, etc.

The key findings were that the proposals would have a negative impact on jobs, the economy and industry. The worst-case scenario pointed to over 70 000 job losses and the closure of the South African VCB industry.

The implications of these wider regulations are even more disastrous for labour, industry and the economy than those pointed to in the study, which had only focused on a small component of plastic bags. Labour raised these disastrous implications in Nedlac meetings. Government acknowledged that there would be high job loss, loss of revenue to the state, increased hardship for rural areas etc but insisted it wanted to go ahead.

Labour's alternatives

At meetings with Minister Moosa and Trade and Industry Minister, Alec Erwin, labour representatives presented alternatives to the proposed regulations. We said we wanted to work on environmental issues with the Ministers, according to the principles in the White Paper on Integrated Pollution and Waste Management. These specifically integrate environmental considerations with social, political and economic justice and development, in addressing the needs and rights of all communities, sectors and individuals.

We also supported the principle in the White Paper that mandates the policy, legal and institutional framework to "take account of the need to protect and create employment".
The alternatives, which attempted to address the problem of litter while at the same time protecting and creating jobs, included:

1. Calling for a multi-pronged approach including:

2. Stating that we could make the bags a bit thicker, but not thicker than 22 microns, to ensure the industry does not close down because it has to invest in new equipment to make the thicker bags;
3. Engaging in a sector summit to ensure that changes to the industry are handled appropriately;
4. Increasing municipal services to collect the plastic bags (thus increasing jobs);
5. Charging a levy on plastic bags and structuring the levy so the poor would not be disadvantaged.

We are awaiting the Minister's decision on what regulations he will be publishing.

Implications of regulations

The disastrous implications of the regulations for labour include:

  • Over 70 000 jobs lost (including jobs in the plastic conversion industry and in retail - specifically packers);
  • Increased poverty as a result of the high job loss. The consultant concluded that: "For the majority of these workers, retrenchment and the loss of their wage would push them and their dependents below internationally defined poverty levels";
  • An adverse effect on women in the VCB industry, given that most packers are women, who are less likely to be reemployed than men, being generally less skilled and less mobile;
  • A negative impact on rural areas, where many VCB workers have dependents, over 380 000 of whom would lose income from workers who lost their jobs;
  • Increased social costs, e.g. increased strain on UIF;
  • A rise in the cost of packaging for consumers, most of whom can ill afford the increase;
  • A real possibility that the local VCB manufacturing industry could shut down altogether and bags be imported;
  • Loss of tax revenue;
  • Potential relocation of companies to neighbouring countries and the entry of 'illegal' bags through porous borders;
  • Increased cost to the state of refuse collection.