COSATU Today, 3 February 2012
Patrick Craven
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Our side of the story
Friday 3 February 2012
Contents
Ø FAWU welcomes Portfolio Committee findings on farms in Western Cape
Ø MEC must intervene in Mpumalanga on unlawful suspension
Ø NEHAWU calls for urgent and decisive action in recalling faulty condoms in Free State province
Ø FAWU commemorates 30th anniversary of Neil Aggett’s death
Ø NEHAWU welcomes sentencing of Zoliswa Nkonyana killers
Ø All systems in place for Rondebosch Common protest
Ø Parliamentary Committee calls for end to financial exclusions
Ø Utterances of Comrade Matthews Phosa
Workers
FAWU welcomes Portfolio Committee findings on farms in Western Cape
Dominique Swartz, FAWU Media Officer, 2 February 2012
The Food and Allied Workers’ Union wants to applaud the labour portfolio committee for exposing non-compliance on farms in the Western Cape as its findings are not surprising at all.
These specific areas Citrusdal, Worcester, Robertson and Paarl visited by the Portfolio committee are notorious for non- compliance with labour regulations as they rural areas and workers’ accommodation are often very well hidden on these farms.
For Mr. Ian Ollis of the Democratic Alliance to dismiss the report and suggesting that these findings are part of a “witch- hunt” and “political –point scoring” against the Western Cape government, shows that he is so busy defending farmers that he is oblivious to the realities of working and living conditions of farm workers.
Non-compliance on farms are a national phenomenon as we as a union, are faced with this on a daily basis in all provinces across the country. To accuse the portfolio committee chairman of point-scoring is really absurd and deflects attention from the issue at hand.
The fact is there were violations of labour laws on several farms and these were exposed. Even if, as he claims, its only a “tiny minority” of farm owners that not adhere to the regulations, it is still wrong to make human beings live in containers without ventilation or windows or access to basic ablution facilities.
We strongly suggest that he stops defending farm owners and stop reduce the issue to petty politics but rather focus on improving conditions on farms so we can make this province work for the poor as well.
MEC must intervene in Mpumalanga on unlawful suspension
Tahir Sema, SAMWU National Media and Publicity Officer, 2 February 2012
SAMWU in Mpumalanga is shocked to learn that the Nkangala District Municipality resolved to place the Municipal Manager Mr Charles Makola on so called special leave - with immediate effect - as per a letter from The Executive Mayor, Clr SK Mashilo received on 27 February 2012.
We believe that the suspension has got nothing to do with misconduct, as no allegations were provided. The letter delivered to the Municipal Manager directed Makola to make a written representation to the Council for consideration within seven (7) days.
The Council violated Mr Makola’s contract of employment, disciplinary regulations for senior managers 2010 and the Labour Relations Act, by failing to afford the Municipal Manager an opportunity to respond to allegations, before deciding to suspend him.
The abuse of power was displayed by the Executive Mayor, who ignored proper procedure. The Municipal Manager was asked to leave the meeting when an annual report was discussed against the Municipal Financial Management Act and the Municipal Systems Act
Clr SK Mashilo who is also the chairperson of the South African Local Government Association in the Mpumalanga province ought to have been well versed on procedures - as he has advised several Municipalities against the violation of procedures.
The South African Municipal Workers Union (SAMWU) will convene a meeting with the MEC, requesting his intervention, in the interest of justice and service delivery.
For more information, contact SAMWU’s Mpumalanga Provincial Secretary, Kgokedi Mphahlele on 0826626436.
NEHAWU calls for urgent and decisive action in recalling faulty condoms in Free State
Sizwe Pamla, NEHAWU Media Liaison Officer, 2 February 2012
NEHAWU is horrified by the reports coming out of the Free State Province that millions of faulty condoms have been discovered and are still in circulation around Bloemfontein. The department of health and the South African Bureau of Standards {SABS} needs to investigate these allegations and if proved true, take remedial actions with immediate effect.
Considering that we have one of the highest infection rates of HIV,Aids in the world, this form of negligence amounts to a criminal offence. South Africa cannot afford to have unreliable condoms when we are starting to see the results in the fight against the scourge of HIV,Aids.
Last year we commemorated the World Aids day, 1st December, under the theme: ”Zero new infections, Zero Discrimination, Zero AIDS related deaths”. It is therefore unacceptable to hear that millions of faulty condoms are being distributed to unsuspecting citizens. We have been witnesses to the devastating effects of the Aids pandemic in our communities where a number of people have lost their lives and millions of orphans were left helpless and destitute.
Without a doubt this disease has inflicted the single greatest reversal in the history of human development and has become the greatest challenge of our generation. There is no room for negligent behaviour and cavalier attitudes when it comes to combating this disease. The recently released Zero National Strategic Plan 2012-2016 cannot succeed if we still experience this lax behaviour. We all need a multi-sectoral approach that will ensure proper coordination by all stakeholders if we are to win the fight against HIV,Aids.
SAMWU reparing for a huge battle
Tahir Sema, SAMWU National Media and Publicity Officer, 2 February 2012
Our struggle for a living wage continues as we prepare for another round of wage negotiations. We had to call off our strike last year as we could not force the South African Local Government Association (SALGA) to accept our demands of 10%. We believed that we were not going to push SALGA to accept our demands while strikers were losing money every day. No agreement was signed. This meant that although SALGA unilaterally implemented their offer of 6.08%, the dispute was never settled. We attempted to get the national government and the ANC to intervene, but without any success. Now we are preparing to go back to negotiations as the three year wage agreement we concluded in 2008 has expired.
Are we any better off than a year ago?
Inflation continues to bite workers who are already struggling to survive. As can be seen in the graph, CPI has risen from 3.5% in December 2010 to more than 6% in November 2011. This trend is expected to continue with inflation expected to reach 7% by mid-year.
Moreover, food inflation is way above 10%. Workers and the poor spend a larger amount of their money on food. This means that food inflation is having a devastating effect on the poor, who are the majority of our members.
Workers continue to suffer from:
· High petrol prices pushing up the cost of transport.
· South Africa enjoyed astonishing house price increases during the years 2000 to 2007 (with house price rises of 253.7%). The boom ended in 2008, after the global financial crisis. But house prices were quick to recover as the Reserve Bank cut interest rates twelve times beginning in December 2008, to 6% in September 2009. By early 2010 house prices were surging again, encouraged by South Africa hosting the World Cup. The average price of medium-sized houses rose slightly to R973 400. It is forecast that house prices will rise slightly in 2012.
· Health costs which mean to get sick could cost you your life.
Gill Marcus, the Governor of Reserve Bank, has indicated that interest rates are unlikely to go down in 2012. This will mean that any debt that you have will continue to be expensive. Housing bonds, cars, clothing accounts and microloans will continue to eat away at your meagre earnings.
Unemployment is another burden that workers have to carry with 4 out of every 10 persons unemployed. The state fails to provide any meaningful unemployment benefit, refusing to accept COSATU and civil society’s proposal for a Basic Income Grant, meaning that underpaid workers have to put food on the table for the millions of unemployed. This has been further exacerbated by the jobs bloodbath we have experienced because of the recession. The government’s promise of 5 million jobs doesn’t seem to be materialising at all.
The failure of the state to provide adequate measures to address the Aids crisis has left the working class to tend to the sick and to pay for the funerals of those who did not make it. Then we have to care for the orphans left behind.
The past year has seen our situation worsen. The capitalists and those MPs and senior Government officials who manage the state on their behalf, have flourished through record profits on the Johannesburg Stock Exchange and lucrative BEE deals.
National government has decreed that the lowest allowance a part-time councillor receives in the smallest municipality is R166 675, whilst the Executive Mayors in the metros receive R1 012 467 per year. Quite clearly, the political elite continue to enjoy their comfortable existence whilst those who deliver services struggle to make ends meet. The disparity in wages between earners at the top of the wage distribution and those at the bottom continues to be a feature of Local Government.
Has government softened the blow?
The state should provide services like healthcare, education, transport and housing to the working class at less than full cost. We call these services the social wage.
Neo-liberal policy measures like GEAR in the past and now the New Growth Plan have shifted the cost of reproducing oneself and one’s family onto the working class. These services are being privatised left, right and centre. Now everything has to be paid for. School fees are ever increasing, public transport has disappeared, electricity and prepaid water meters are installed and no Municipal housing is being provided.
A number of commitments made by Government have not been met. The Human Sciences Research Council has noted that the RDP target of providing housing for all by 2003; last year's ANC local government election promise of five million jobs over the next five years through the Expanded Public Works Programme; and sanitation for all by 2010, have not been met.
All this means is that workers have to dig ever deeper into their own pockets to pay for these services.
What should our demands be?
Last year’s strike was unsuccessful in getting an increase above inflation.
- The average level of settlement for the nine months ending 30 September 2011 was 7.7% compared with 8.3% at the end of September 2010 and the overall average of 8.2% in 2010
- We anticipate that wage increases will stabilize in the 7.5% to 8.5% band in 2012,
- The average minimum wage calculated to the end of September 2011 was R4 905 compared with R4 720 at the end of September 2010.
It is important that we recover some of the losses suffered last year whilst ensuring our demand is attainable.
Can Salga afford our demands?
The economy has grown at 5% over the past year. This has meant increased revenue for national and local government. Finance Minister, Pravin Gordhan, has used this opportunity to provide additional funds for social services. National government has made increased sums of money available to local government. In last year’s national budget an amount of R34 billion was set aside to assist local government and this amount will increase to R37.5 billion in 2012. Some of this is for Infrastructure.
Local Government also has own tax sources of revenue. The problem is not the ability to pay, but a failure to recognise that quality public services can best be achieved when workers are properly paid. Instead SALGA encourages job reduction. It seeks to save on labour costs while increasing the burden of work on remaining workers.
National government has introduced legislation in terms of the Municipal Systems Amendment Bill that places a watchdog called the Fiscal and Finance Commission over the wage increases in Local Government. In terms of this Act, SALGA has to consult with this body before it engages in wage negotiations with the Unions in Local Government.
Who are our allies?
We know that our struggle for a living wage will be fiercely resisted by the bosses. The bosses in SALGA have shown that they are no different from those apartheid bosses they took over from. They will use every trick in the book to deny workers their piece of bread. Last year they used a number of delaying tactics to ensure that workers were frustrated by the time the strike took place.
Workers can only ever rely on themselves. The other classes in society may pretend to care but all they ever care about in the end is their own well-being.
During last year’s strike action we made important steps in drawing closer to our real allies. IMATU supported us for one day in our strike. We know that this is not enough to win our battles but it is a start. We must make every effort to build on this and develop further unity in action. IMATU members are workers too and we must convince them to be serious about fighting for a living wage.
Working class communities are also feeling the effects of neo-liberalism. The failure of councillors to deliver services to communities has seen uprisings throughout the length and breadth of the country.
Just as our wages are being kept low and services being privatised, communities are being deprived of housing, roads, sport and library facilities, electricity and water cut-offs, etc. A programme of community meetings to identify common areas of struggle is vital at this early stage.
South Africa
FAWU commemorates 30th anniversary of Neil Aggett’s death
Katishi Masemola, FAWU General Secretary, 2 February 2012
The Food and Allied Workers Union (FAWU) wants to pay tribute to one of our great former leaders, Dr. Neil Aggett, a white trade union leader and fierce labour activist who died in detention on 5 February 1982 after being arrested by the South African Security Police on November 27, 1981, whilst busy organizing a mass action campaign meeting in Langa in Cape Town.
Before his detention, Dr Neil Aggett rendered services as a physician in several black hospitals at the time where he learnt to speak Zulu and became more and more involved with trade union activities.
He joined FAWU, then Fodd and Canning Workers Union (FCWU), as an organizer and rose in the rank to become Transvaal Provincial Secretary. He played a central role in the successful Fatti’s and Moni’s strike in Isando and the organizing of workers in the food industry.At the time, the Security police claimed that he committed suicide by hanging himself after spending 70 days in detention without trial. No prosecution was ever brought for his death.
The Truth and Reconciliation Commission called the case a “troubling inquest” and suggested that the apartheid regime had various ways of disposing of its opponents.
Fellow Detainee, Frank Chikane, saw Aggett after one of his interrogations and recalled that he was badly injured at the time. About 15 000 people attended Neil Aggett’s 11 February 1982 funeral and FCWU called for a stayaway on the day to which thousands of workers responded.
On Sunday, 5 February 2012 it will be 30 years since Neil Aggett’s death. To this day FAWU believes justice was not done in the case of Neil Aggett and that he did not commit suicide and that there is much more to the case than what have been led to believe. Even the Truth and Reconciliation Commission (TRC) could not conclusively unearth the whole truth on the murder of Neil Aggett .
We will always remember him as a great doctor, fine human being, friend of workers and the ill and a committed labour activist who has died for what he believed in, a non-racial, non-sexist, much-more-egalitarian and democratic South Africa.
As FAWU, we hope to convene a small commemoration event in the week of the 13-17 February at the Neil Aggett House, 90 President Street, Johannesburg, 2000. Long Live the Spirit of Neil Aggett!
NEHAWU welcomes sentencing of Zoliswa Nkonyana killers
Sizwe Pamla, NEHAWU Media Liaison Officer, 2 February 2012
NEHAWU welcomes the sentencing of four killers of 19 year-old Zoliswa Nkonyana who was brutally murdered in 2006 for being a lesbian. The judge sentenced these cold blooded killers to 18 years in jail with four of those years effectively suspended for five years for each killer.
We salute the investigations and prosecution teams for a sterling work they have done in restoring justice for the Nkonyana family. This sends a message to all social deviants who continue to perpetrate terrible crimes against women and show no tolerance to other people’s rights.
This country sacrificed its sons and daughters in the fight against racial discrimination and in the words of Cde Nelson Mandela "Never, never and never again shall it be that this beautiful land will again experience the oppression of one by another…"
Nelson Mandela, Inaugural Address, Pretoria 9 May 1994. All forms of discrimination should not be tolerated by any South African. Our constitution is very clear in that it emphasizes that all people are equal and can only be judged on merit nothing else.
We call on our government to analyze our legislative framework in order to ensure that all hate crimes are prosecuted to the full extent of the law in order to eradicate this menace. As NEHAWU, we will work with government and all progressive organizations to fight all forms of discrimination and we will play our part to fight for development of policies and programmes aimed at protecting and enhancing the status and welfare of women and all vulnerable group.
All systems in place for Rondebosch Common protest
Tony Ehrenreich, COSATU W Cape provincial Secretary, 3 February 2012
The protest at the Rondebosch Common will proceed tomorrow (Saturday) at 11h00 to 14h00.There will be a number of organisations raising their concerns around housing in the City. We will also be expressing our concerns about the restrictions on the right to protest and the brutality of the police on the people of the working People of the City. The protest will be peaceful and no occupation of the land will take place.
The various organisations will be raising their demands in relation to the concerns in the City failure to deliver to the desperate needs of people and the absence of spending of the budget of the City. This incompetence of the City must be challenged if service delivery is to improve.
The Mayor has confirmed that she will be receiving the memorandum at 12h00
Parliamentary Committee calls for end to financial exclusions
Mava Lukani, Parliamentary Communication Services, 2 February 2012
No South African university should exclude academically-deserving students on financial grounds. This is according to Advocate Ishmael Malale, Chairperson of the Portfolio Committee on Higher Education and Training. He was addressing the Cape Peninsula University of Technology (CPUT) management at the Bellville Campus yesterday.
He said if that could be allowed to happen, that would mean the perpetuation of gross denial of children who came from historically-disadvantaged families to education, notwithstanding eighteen years of democratic dispensation. “Our committee maintains zero tolerance on financial exclusions” said Adv Malale.
The Committee visited Cape Peninsula University of Technology’s (CPUT) Bellville Campus after January registrations were disrupted by protesting students due to disagreements on 2012 fee increment.
It emerged during the meeting between Members of the Committee, management and student leadership that the university council took a decision on 26 November 2011 to increase 2012 tuition and residence fees despite the objection of student leadership.
According to management, student leadership argued for zero percent increase on both tuition and residence fees. The Committee noted that, although there had been discussions on fee increment between the university management and student leadership, but there had not been “meaningful engagements” between the stakeholders.
“The university council should not be absolute but should look and ensure that there is fruitful participation of all the university stakeholders,” said Adv Malale.
The Committee reiterated its unhappiness on mass action that included burning of tires and financial exclusions. “Please eliminate protests, engage each other meaningfully and call the Department of Higher Education and Training when there is deadlock, this university is a public institution,” said Advocate Malale.
Advocate Malale urged the management to ensure that students were part of the Financial Exclusions Committee that was due to meet today. He said that the Committee needed feedback on the outcome of the meeting. He also appealed to the management for the cancellation of court interdicts against students.
Utterances of Comrade Matthews Phosa
Ntsepeng Mookamedi, YCLSA Limpopo Provincial Organizing Secretary, 3 February 2012
The YCLSA (uFasimba) noted with sheer political disappointment and disapproval of the selfish, opportunistic, political utterance asserted by Comrade Matthews Phosa during the Provincial ANC Centenary celebrations at Materekeng village on the 14th January 2012, at Sekhukhune District. During the said political event, Comrade Matthews Phosa, politically accused President Jacob Gedleyihlekisa Zuma’s cabinet of hooliganism, a naked, political allegation which is devoid of any humane truth, flowing from the Limpopo Provincial Administration’s bankruptcy.
It is politically regrettable for a leader of Comrade Phosa’s stature to publicly display his uncontrollable, undisciplined, selfish political opportunism by lambasting and accusing the national cabinet’s decisive decision of placing five Provincial Departments into administration as an act of “hooliganism”.
As if that was not good enough, Comrade Phosa, helicoptingly proceeded to unfairly accusing the said intervention by national cabinet as tantamount to stealing the administrative powers of Premier Cassel Mathale, thereby reducing the latter to a “Half Premier”. The YCLSA unreservedly differs with Phosa‘s political assertion on this matter, which is at the pinnacle of the public domain and knowledge.
Moreover, since stealing is a synonym of theft, which is a common law criminal, punishable offence, the YCLSA‘s correct, classical analysis can only be construed to a conclusion that Comrade Phosa implied that the national cabinet was and has been both an administrative and political thief in exercising its administrative powers in Limpopo. The YCLSA takes offends to this state of utmost political incrimination, of the national cabinet to which Comrade Phosa has projected himself as an unnecessary arbiter, at such a historical and momentous political podium.
As an acclaimed jurist an a professed lawyer, Comrade Phosa must have realized that his utterances has unnecessarily and unfairly criminalized the national cabinet’s decision, in the eyes of the public, as if the national cabinet” was a political and administrative Satan with a long tail “.Rule 5.2(d) of the ANC ‘s Constitution as amended and adopted at the 52nd National Conference of the ANC,Polokwane,2007,explicitly provides under the general rights and duties of the ANC members as follows “That a member of the ANC will deepen his/her understanding on social, cultural, political and economic problems of the country”.
It is the YCLSA’s considerable political conviction that Comrade Phosa deliberately and intentionally failed to live up to the expected Constitutional dictates and decorum of the ANC’s Constitution as cited above.
In the premise, it is also expected of ANC members, including Matthews Phosa himself, for as long as he still habours intentions of remaining a disciplined member of the ANC, to observe unquestionable discipline, behave honestly and carry out loyally, decisions of the majority and decisions of the higher bodies, Rule 5.2 (g) of the cited Organizational Constitution. It is and still remains politically wrong for Comrade Phosa to have behaved in a manner commensurate with a political angel discerning from heaven, in divorcing himself from the collective decision of the higher administrative structure, led by the ANC of attempting to normalize the Limpopo Provincial administrative bankruptcy, in the manner that he did.
The YCLSA, under the political conviction that for Comrade Phosa to project himself as if he was a righteous, modern political Moses who have deliberately, and out of his own free volition, climbed Mount Himalaya, and insults the collective decision of national cabinet, the ANC must through the duly constituted NDC, must summon, him and show him the political Kilimanjaro through exercising revolutionary discipline. Comrade Phosa failed to live up to the constitutional prestige of the ANC.
Rule 25 1(a) of the ANC Constitution provides that “All members, without exception, must abide by the Constitution of the ANC, Rules, Regulations, Standing, Orders and Codes, as adopted from time to time, as well as all Policies and decisions properly adopted in terms of the Constitution”. The YCLSA, mindful of the aforesaid Constitutional provisions, moreover, that Comrade Phosa is not, and was never meant to be immune from both the Organizational and revolutionary discipline, appeals to the NEC of the ANC to apply Rule 25 against Comrade Phosa as a matter of utmost political expediency.
The said political falsehood perpetuated by Comrade Phosa which has regrettably been published in both the print and broadcast media, clearly evinces his increasing propensity of an unethical member of the highest constitutional structure of the ANC with worrying proportions. It is politically mischievous and puerile for Comrade Phosa to politically demonize the national cabinet’s decision as he did. Comrade Phosa is regrettably a political mutineer, and the YCLSA earnestly pleads that necessary disciplinary processes must be actioned against him.
The Austrian writer and journalist, Karl Kraus had this to say “Corruption is worse than prostitution, the latter might endanger the morals of the individual, the former invariably endangers the morals of the entire country”. The YCLSA unequivocally agrees with this acclaimed writer on the cancerous nature of corruption tearing our country and the Province in particular.
Patrick Craven (National Spokesperson)
Congress of South African Trade Unions
1-5 Leyds Cnr Biccard Streets
Braamfontein
2017
P.O.Box 1019
Johannesburg
South Africa
Tel: +27 11 339-4911/24
Fax: +27 11 339-5080 / 6940
Mobile: +27 82 821 7456
E-Mail: pat...@cosatu.org.za
