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Published by the Congress of South African Trade Unions
1 Leyds Street, Braamfontein
Tel. 011 339 4911 Fax. 086 603 9667
COSATU’s Spokesperson is: Patrick Craven
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Our side of the story
Tuesday 8 December 2009
Contents
1.1 Industrial Action planned against racism at Pick 'n Pay
1.2 Wits University cleaners canned for Christmas
1.3 NUM congratulates Mineworkers Investment Company
1.4 Dlamini family thanks COSATU for support
1.5 POPCRU’s Extended National Executive Meeting statement
2.2 COSATU condemns violence against women and children
2.3 Civil society organizations enter the refugee crisis at the Central Methodist Church
2.4 COSATU congratulates King’s stance on circumcision
2.5 COSATU rejects Ginwala’s criticisms
2.6 POPCRU applauds employment of more police officers
2.7 Call for entries to the 2010 Labour Media Awards

After the long-running dispute between workers and Pick 'n Pay over a range of racist practices and failures of the Employment Equity policies to address workers concerns, SACCAWU members are set to embark on a strike action after the employer gave unsatisfactory response.
The call for a protected strike comes after a year of stand-off between the company and the wrkers.
Among the issues raised by the SACCAWU against Pick 'n Pay include:
• Inconsistency in application of discipline with bias against Black employees and SACCAWU members.
• Racism amongst some managers and failure to discipline them by the company.
• The re-employment of white retirees after retirement.
• The privileging of white part-time staff through the fast-tracking of white Variable Time Employees (VTEs) into management positions while overlooking permanent full-time employees.
• The failure of skills training programmes to benefit SACAWU members in a meaningful towards career path in the company.
• Discrepancies in income between Black and White occupying the same position or doing work of similar value.
• Racial comments made by CEO against Black employees.
After failing to resolve the issues through dispute resolution processes, the SACCAWU has obtained a certificate from the CCMA granting them the right to embark on protected industrial action which is set for Friday 11 December. Pick 'n Pay has obtained a court interdict on spurious grounds against the decision of the CCMA. However, SACCAWU is confident that the interdict will be overturned in the Labour Court,where the Union will challenge it. The court date is set for 10am 8 December 2009.
In the light of a complete unsatisfactory response by the company Workers Demand:
• That the Company should stop hiring retirees;
• That contracts of all retirees currently hired by the Company should be terminated before the end of October.
• Reprimanding of managers guilty of racism are not satisfactory and therefore demand summary dismissal of the managers guilty of racist practices.
• A public apology and public withdrawal of same by the Chief Executive Officer. We further demand the reconstitution of the Skills Development Committee with meaningful powers in shaping the content of training programmes.
• A commitment to take decisive action against White Coordinators who harass Black Managers once specific past incidents have been brought to your attention.
• An immediate end to the practice of searching Black customers at all Pick n Pay stores (including stores in your Franchise Division).
• Summary dismissal of Quinton Fouche for assualt;
• That the Company should initiate disciplinary action against Regional Managers and the General Manager for protecting Quinton;
• The withdrawal of disciplinary action against workers as they were involved in legitimate protest.
Cleaners at the University of the Witwatersrand got a nasty Christmas present on December 1 - retrenchment letters from Supercare, the cleaning contractor, giving them only one month’s notice. (The letter is reproduced below).
Supercare’s letter claims the retrenchment is in line with cleaners’ employment agreements, but cleaners allege that the implications were not explained to them when they were told to sign new employment agreements earlier this year. Lawyers are investigating the legality of the new agreements and of the retrenchment itself.
The letter makes no mention of retrenchment packages, and implies that UIF cards will be withheld until company uniforms are returned. Labour law requires consultation with the employees or their representatives but there is no evidence that this has taken place. The management’s letter says the university has terminated the contract with the company. The university says it is ‘reducing the frequency’ of use of the cleaning services.
Some of the cleaners have worked at Wits since the late 90s, when cleaners were directly employed by the university. When they were transferred to the outsourced company their pay was halved and they lost their benefits as well as the right to educate their children at Wits.
Last Thursday, cleaners packed into a lecture hall resolved to oppose the retrenchments. They called supporters to join them on Monday (7 December 2009) for a lunchtime picket to kick off a campaign to protect their jobs.
Students, academic staff and alumni of the university have condemned the retrenchments of low-paid, low-skill workers given the high unemployment levels. A petition signed by nearly two hundred people expresses ‘disgust’ at the retrenchments.

NUM has congratulated the Mineworkers Investment Company (MIC) for having been crowned the Best Established Black Business as well as for taking the lead in Corporate Social Responsibility by Black Business Quarterly (BBQ), South Africa‘s premier black business publication. “We pride ourselves on this significant achievement on behalf of the downtrodden mine, energy and construction workers” says Frans Baleni, the NUM General Secretary and chairperson of Mineworkers Investment Company.
The Mineworkers Investment Company was established in 1995 by the Mineworkers Investment Trust (MIT) to create a sustainable asset base for the benefit of mine, energy and construction workers and today has assets of over ten billion (R10 billion).

The Dlamini family would like to express sincere and heartfelt thanks to COSATU for the support during our time of bereavement .
Thank
you for the media release, all assistance with funeral arrangements, the speech
by the General Secretary and especially for going all the the way to Swaziland
to help us bury our father and mentor.
Even though the General Secretary Vavi and Jay Naidoo got lost along the way,
they still found their way to Mbukwane - our village.
AbakwaDlamini bayabonga. Nongadinwa nangomso.

POPCRU held it’s Extended National Executive Meeting at Willow Park, Kempton Park on the 05-06 December 2009 and deliberated on the organizational progress on the period under review. POPCRU acknowledged the working class milestones as registered through the successful COSATU 10th National Congress as held at Gallagher Convention Centre and the Alliance Summit at Esselen Park, Kempton Park. The working class struggle for decent jobs will forever become our agenda and therefore workers remain the disciplined force to realize the aims of our National Democratic Revolution.
What came out of the debates was that the Union was in a state of good health in realizing its strategic and revolutionary role in organizing the South African Police Services, Department of Correctional Services and Department of Traffic Officer in all Provinces and that is amplified by the registered membership growth in our sector.
The sitting was able to arrive at the following conclusions after vigorous and robust deliberations;
POPCRU 20th Anniversary Celebrations in Free State
We welcome the successful 20th Anniversary celebrations as held on the 07 November 2009 at Seisa Ramabodu Stadium, Free State and note the membership turn-out across our Provinces at large. We reiterate that our membership have confirmed that POPCRU is their revolutionary organization and we will consolidate what was done on same to ensure that we realize the 20th Anniversary slogan of “Advancing the Working Class Struggle within the Justice Cluster”. We have taken an audit of the challenges that faced us and look forward to organize more than we did informed by our growing membership.
Alliance Summit
We welcome the confirmation the Alliance as the Political Centre of the Alliance in the country and the political will espoused by the reconfigured leadership after Polokwane. We support the engagements that presented themselves at Esselen Park and look forward to the building of Alliances Activities in the Provincial structures and local level.
SACP Special National Congress at Polokwane
We reiterate our support the South African Communist Party Special National Congress and will be participating as members of the party to build a strong vanguard of the working class. We remain content that SACP will come out more united than before to consolidate the working class power and a struggle toward socialism.
COSATU 10th National Congress Milestones
We reaffirm our support for the Resolutions that were achieved at COSATU 10th National Congress at Gallagher Convention on the 21-24 September 2009 and subsequently followed by the COSATU Central Executive Committee.
Organizational Developments
POPCRU maintains a strong stance to oppose at all cost privatization of Prisons as it will compromise labour rights of our members. We are confirming that we are engaging Government on the Nationalization of the Department of Traffic and we are content that the matter will be brought to its finality to enhance the betterment of our member’s condition of service.
We will host a National Executive Committee Strategic Planning Session in 2010 to enhance our approach to maximise service deliver to our members and also to prepare for our Policy Conference around August 2010.
POPCRU believes that political education has been resolved at Polokwane as the vehicle to realize the hegemony of the working class struggles and we will host a National Political School around May 2009 to consolidate our ideological clarity and perspective on the current political conjuncture.
International Solidarity on the Police Service Transformation
We commit ourselves to accelerate Police Services Transformation in SADC Countries and other parts of the Continent and reiterate our continued participation in other International Forums to realize our revolutionary role as Internationalist in the sector. We welcome the successful Botswana International Symposium we held at Gaborone in which more than twelve countries attended such as Lesotho, Swaziland, Malawi, Kenya, New Zealand, Australia and Netherlands. POPCRU remains content that our path to unionize all Police Services in all countries is on a sound footing.
POPCRU wishes all its members a deserved festive break and all those that will continue to provide services to our communities; a robust approach to provide peace and tranquility throughout the festive period and beyond.

1. South African has even before the international economic crisis faced a huge unemployment crisis. With unemployment now growing back to even more catastrophic figures, this represents a huge crises for our country and all its citizens. Unemployment is a breeder of social crises such as moral decay, criminality and HIV and AIDS. Unemployment constitutes a huge social crises that is not in the interest of any party. It is with this background in mind that we parties to NEDLAC should do everything possible to avoid worsening unemployment crises.
2. The retrenchment of an employee by his company fundamentally changes the position of this now former employee in society. Studies conducted show that on average every worker in South Africa supports a minimum of five dependents on their meagre wages. This means every time a single worker losses a job, five or more persons who are plunged into crises of poverty, loses their dignity and a sense of belonging. Social cohesion of communities in the process is destroyed.
3. The retrenched employee suffers the financial loss of wages and benefits. His or her economic prospects of finding new employment are slim. The retrenched employee loses their social role. Their role as breadwinner in both family and community is destroyed. The company equally loses a long term relationship, and the skills and experience that the employee represents. Retrenchment exercises also destroy trust and social cohesion between the company and those employees not directly affected.
4. Retrenchment is therefore a severe step in normal economic circumstances. In the deep recession in which both the global economy and South Africa now find themselves its effects are even more devastating.
5. The Framework Agreement crafted by Government, Labour, Business and Community constituency looks at many ways of mitigating the effects of the current economic recession. Surely our first order of business should be to preserve as many current jobs as possible. The creation of the training layoff is an encouraging step in this direction.
6. We acknowledge that there are circumstances in which a reduction in a company's workforce is unavoidable. However with this guideline we appeal to leaders in both business and labour to energetically and unselfishly explore at least this range of alternatives before deciding on a retrenchment exercise.
Management issues
Retrenchments are occasioned by tough economic circumstances, normally involving a loss of sales and revenue, sticky or rising costs, and the prospects of the entire business becoming bankrupt, and ceasing to trade as a going concern. Whilst the cost of workers’ wages is likely to be a significant cost in most businesses, it is not the only area where cost reductions can be effected. Two major areas which require at least equal review are those of capital expenditure and shareholder returns in form of dividends. We do not suggest that cuts in these areas are either easy or without consequence, but simply urge that they also be considered.
In most companies management costs (i.e. the costs of management staff outside the collective bargaining unit) are also significant. Possible reductions here include the cancellation or deferment of bonuses, salary freeze, salary cuts, costs of running company boards, transport, electricity bills, etc. A freeze on filling posts which become vacant, as well as early retirement and voluntary retrenchment programmes can also reduce these costs. Beyond the direct contribution to cost reduction such moves have important symbolic effect in demonstrating a sharing of hardship.
Labour issues
The impact of economic recession, of factory closures and rising unemployment increases the social pressure on those still employed. Employees are likely to see the circle of people depending on the income they earn expand. Nevertheless the goal of keeping job losses to an absolute minimum is as vital to labour as it is to management and indeed to the society as a whole.
Therefore prior to accepting the retrenchment route labour should consider other ways of reducing labour costs. Short time, wage freezes, wage cuts should be considered. We recognise that wages are an important part of what maintains national aggregate demand and that generalised wage cuts can aggravate the economic crisis. Workers will be concerned that tough economic times should not be used to roll back progress made over recent years, and indeed decades, in terms of basic pay and benefits. South Africa collective bargaining has proved itself both creative and flexible in designing agreements that sensibly reflect the realities of the moment. Good objective evidence of business performance is available, and measures adopted because of particular circumstances must be limited to those circumstances.
Modern South African labour relations were born during the most bitter period of the political struggle to end Apartheid. Business and labour were able during this difficult period to find ways of defending their interests and exercising their power that were consistent with political change. As our country goes through these tough economic times there is no reason why renewed leadership cannot be expected from these same actors.
The proposals outlined in this document builds on the ground-breaking Framework for SA's response to the international economic crisis ('the Framework') and on the ILO's Global Jobs Pact.
We believe these ideas constitute a basis for a broader consensus on protecting jobs at company and workplace level, so that the fruits of social dialogue are taken to every workplace. We therefore support the call by the Minister of Economic Development for dialogue on a national jobs pact that is directed at protecting jobs and taking the Framework to shop-floor level for implementation. Indeed, we are seeing evidence of enlightened businesses and trade unions embracing such a jobs pact in their responses to the economic crisis. We need to expand these positive examples more widely across the economy and we call for urgent social dialogue and active implementation on this matter.

COSATU in the Northern Cape has joined millions of other responsible and
caring people all over the world in condemning violence against women and
children.
As organised labour we call for tough action to be taken against men and women found guilty of abusing women and children.
It is our view that it is only cowards who test their strength on weak and defenceless women and children. Real men do not abuse women and children. Real men are caring and are prepared to sacrifice their lives in defence of women and children.
Our sincere call goes to our members and the general public to be courageous enough and speak out against such violence in their localities. We appeal to everyone to report cases of abuse in their neighbourhood.
We will therefore be having a march to the Department of Justice in Kakamas on Thursday, 10 December 2009 to raise our voice. We call on all members of the public, both the employed and unemployed to join us on that important day to our voices heard.
In the same breath we will use the opportunity to highlight the plight of the people living with disabilities. This we will do in order to make sure that these people are taken seriously both in the workplace and in the community.
We attended a two day conference in Kimberley on December 2009. Out of that conference it emerged that people living with disabilities have little, if any, change in their lives.
We want to emphasise the call that we made in that conference for government to have a serious look into the challenges facing the people living with disabilities and afford them equal opportunities both in employment and in business.
Civil society organizations have expressed grave concerns regarding the humanitarian crisis that faces homeless people, particularly Zimbabwean migrants, who are seeking shelter at the Central Methodist Church (CMC) in downtown Johannesburg.
We commend the selfless intervention of Bishop Paul Verryn and his colleagues at the CMC who, for several years, have responded to the refugee crisis with compassion and kindness. They have recognized that the people fleeing Zimbabwe are human beings in need of comfort and protection. Bishop Verryn and others have responded in the spirit called for from all of us by our Constitution.
In keeping with its mission, the church has not closed its doors to those in need. Instead it offers people protection from xenophobia and from harassment by some members of the police; it gives people a sense of community when they are far away from home. It has also been able to provide people with networks that have linked them to health care services, skills development, educational opportunities, recreation and work.
However, the present situation that faces those living in the church is not sustainable.
The overcrowding of the church presents a health risk particularly for infectious diseases such as TB. This problem was compounded when the arbitrary and violent arrests in July of over 300 persons who were sleeping in streets around the vicinity of the CMC resulted in greater numbers seeking shelter within the church at night.
We also recognize that the many children at the church, both unaccompanied minors, as well as the children with parents, are often at risk. And despite the best efforts of the church leadership, those committed to their care are often living in conditions that may not be in their best interests.
In this context we welcome the recent expressions of concern about conditions at the church, including those by the Gauteng Portfolio Committee on Health and Social Development. But we urge against arbitrary evictions or unfair processes, which will only deepen the plight of vulnerable and homeless people.
We call for a solution that respects everybody’s dignity and offers some permanent alternative of accommodation and care. Bishop Verryn and the CMC have been calling for such an intervention by government for several years.
If the Church were to be closed – as has been threatened -- the people who need its support would not miraculously evaporate, and neither would the ongoing crisis in Zimbabwe. Refugees would be dispersed and forced underground into places where they would be less accessible and in greater danger of health and human rights violations.
For these reasons we call on the government of South Africa to provide alternative accommodation and social assistance for the persons seeking sanctuary at the church
We call on the national Minister of Social Development to establish a task team with full time staff, clear terms of reference and timeframes to try to find suitable alternative accommodation, prioritizing those people who are most vulnerable. The task team must include representatives from the migrant and refugee committee. It is also important that there is independent oversight of this process to ensure that people, particularly children, are protected.
We also call on the Minister of Home Affairs to call for tolerance and lead a national dialogue about how to best assist Zimbabwean migrants who are in South Africa.
Finally, we feel that it is important to recognize that the conditions at the church are linked to an influx of Zimbabwean migrants brought about partly by a failure of the South African government and SADC to take a firm stand against the actions of President Robert Mugabe.
In this respect we believe that there can be no meaningful solution to the crisis at the CMC unless the South African government actively engages the Zimbabwean government and international community. We must insist that the rights of all those living in Zimbabwe are upheld and respected and that there is an end to police brutality. The redevelopment of the Zimbabwean economy would begin to offer a solution to the starvation and hopelessness that results from the economic and social crisis.
For these reasons, we welcome the appointment of Charles Nqakula, Mac Maharaj and Lindiwe Zulu as South Africa’s new mediators in Zimbabwe and hope that they will assist in securing a lasting solution to the crisis in Zimbabwe. We call on all South Africans to respond to the plight of Zimbabweans who have fled their nation with compassion and respect for human rights.
AIDS Consortium; AIDS Law Project; Alternative Information and Development Centre (AIDC); Amnesty International (South Africa); Centre for Human Rights; Centre for the Study of Violence and Reconciliation (CSVR); Coalition of African Lesbians; Consortium for Refugees and Migrants in South Africa (CoRMSA); Congress of South African Trade Unions (COSATU); Cross Over Project; Dr JL Rawlinson; Durban Lesbian and Gay Community Health Centre; Equal Education; Feminist Forum; Gay and Lesbian Equality Project (LGEP); Gender Dynamix; Gender Equality Unit, University of the Western Cape; Human Rights Watch (South Africa); Inclusive and Affirming Ministries (IAM); Islamic Relief; Jesuit Refugee Service; Justice and Women (JAW); Lawyers for Human Rights; Legal Resources Centre (LRC); Mosaic Training, Service & Healing Centre for Women; Out in Africa; People Against Suffering, Suppression, Oppression and Poverty (Passop); Safety and Security SETA (SASSETA); Rainbow UCT; Rural Health Advocacy Project (RHAP); SA HIV Clinicians Society (SAHIVCS); Social Justice Coalition; South African Council of Churches (SACC); Treatment Action Campaign (TAC); Triangle Project; Trust for Community Outreach and Education (TCOE); Tshwane Leadership Foundation.

COSATU has congratulated King Goodwill Zwelithini for his historic decision to revive the practice of circumcision for young Zulu men, as part of the national campaign to reduce the spread of HIV-Aids.
Clinical trials in Kenya, South Africa and Uganda have found that men who have been circumcised are up to 60% less likely to become infected with HIV. The King’s decision could therefore lead to a substantial reduction in HIV infection, especially in the KwaZulu Natal province which currently has the highest incidence.
Circumcision was banned by King Shaka, who believed it took young warriors away from their military duties in his army. But King Zwelithini has been prepared to end nearly two centuries of tradition in the interest of saving lives, and the federation notes that the practice of circumcision among Zulus will be done by medical practitioners to avoid unnecessary deaths.
COSATU agrees with KwaZulu-Natal premier, Zweli Mkhize, that although circumcision will assist in the fight against the pandemic, “on its own it does not prevent the spread of sexual transmitted diseases." For the rate of infection to come down, responsible sexual behaviour and the use of condoms is just as necessary for circumcised men.
The federation calls upon all sections of society to re-examine all their cultural practices in the light of the HIV/Aids threat, and, for example, to ask whether the normal age for circumcision of 22-24 is not far too late to prevent infection amongst boys who normally become sexually active many years earlier.

COSATU has rejected the criticisms made by former National Assembly Speaker, Frene Ginwala, of the “inferior quality” of political leadership in the country.
How ironic that someone who presided over the National Assembly during the time of the Travelgate fraud scandal should now attack President Zuma's decision to award a modest 7% salary increases to government officials. She believes they should not have taken an increase at all, given the economic recession and the high levels of poverty and unemployment.
COSATU has always been critical of excessive salary increases for senior officials, but 7% is certainly not excessive, and the federation rejects the view that all government officials should have to take a cut in their living standards because of a global crisis for which they are not responsible.
Unions have been defending many similar wage settlements against criticisms from employers that the workers should have received no increases because of the economic crisis. Ginwala’s comments might therefore, though it was not her intention, be used by conservative employers to justify not paying decent increases to their staff.
COSATU also condemns Ginwala’s criticism of the ANC leadership’s failure to “rein in” youth wing president Julius Malema for "insulting older people". The federation often disagrees with remarks made by individual members of their alliance partners but defends their right to express their views.
One of the worst mistakes of the former ANC leadership, which Ginwala evidently still supports, were its attempts to impose censorship on those who disagreed with it, and by labelling and ridiculing those who dared to dissent.
COSATU agrees with the ANC statement, that "It is indeed a sad day that those that we regard highly as the repositories of our historical memories utilise their privileged standing in our society to misinform rather than provide the guidance our young democracy needs… Her blinding pettiness is indeed astounding".

POPCRU has welcomed the noble intentions by Government to augment the number of our Police Officers to fight crime in the country.
The union has in the past days attended the police pass-out in training centres and feel contend that the National Election Manifesto five priorities amongst others Crime are given the attention as the new Administration deliverables.
POPCRU supports these breakthrough and call upon members of the community to support the men and women in blue to make the “Call of Duty” successful. During this festive season our people should feel free to relax knowingly that our officers will be fulfilling an important aspect of our constitution; A right to safety with the required verve and steadfastness.
POPCRU is convinced that the “doubting Thomases” will eat their humble pie on the negative path to think our Africa 2010 World Cup will be in disarray on safety and security matters. We remain confident the newly appointed officers will add the value we have been proud of in the past years; however facing major challenges of totally eradicating crime.
POPCRU remains confident that the ministry views police service to the people with the utmost importance it deserves and as a key deliverable. We will forever be supportive to any measure that is aimed to curb crime. Consolidation of the Working Class Power should be fostered with these developments.
Workers World Media Productions calls on trade union media officers, media activists, Radio, TV, video and print media journalists, reporters and producers to submit entries to its 2010 labour media awards.
Objectives of the Labour Media Awards:
1. To promote the views and voices of the labour movement within the mainstream media and the South African public.
2. To acknowledge, support and promote the contributions of individual trade unionists, supporters – writers, media producers and artists in the sphere of labour media and art.
3. To promote labour media as an important component of democracy in South Africa.
4. To encourage and support the production of labour media within the trade union movement towards strengthening their organisational and political capacity.
Entries are invited in the following categories:
Entries for the above categories must have been written or produced and published or broadcast during 2009 only.
A maximum of two entries will be allowed in each category by any individual and/or organisation.
Entries can be sent by Email, fax or post to:
WWMP Fax: 021 448 5076 Email: ly...@wwmp.org.za
P.O.Box 245
Cape Town
8000
Entries are to reach us by not later than Friday 19th February 2010.
Mluleki Mntungwa (Communications Officer)
COSATU ICT Unit
1-5 Leyds Cnr Biccard Street
Braamfontein
2007
P.O.Box 1019
Johannesburg
2000
South Africa
Tel: +27 11 339-4911/24
Fax: +27 11 339-5080/6940
E-Mail: mlu...@cosatu.org.za