COSATU Today, 25 November 2010
Mluleki Mntungwa
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Our side of the story
Thursday 25 November 2010
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Contents
1.1 Over 80 000 SACCAWU to strike for Centralised Bargaining
1.2 Bricks company starves workers for three months
1.3 Support workers take-over of Mine Line
2.1 NEHAWU commemorates 16 Days for Activism Against Women and Children abuse
2.2 POPCRU supports the 11th Anniversary of the 16 Days of Activism
2.3 COSATU NW launches 16 Days of activism campaign in the farming community
2.4 Statement of the COSATU Central Executive Committee
2.5 Sowetan did not get the facts right
2.6 World AIDS Day Protest to demand immediate release of Chinese AIDS & Human Rights Activists
2.7 SA’s opportunity to commit to fighting poverty
1.Workers
1.1 Over 80 000 SACCAWU to strike for Centralised Bargaining
Mike Abrahams, 25 November 2010
On Friday, the 26 November 2010 SACCAWU members from 28 national companies will embark on a one-day strike action in support of Centralised Bargaining Forum.
For years SACCAWU has engaged national retail and wholesale companies for the establishment of a Centralised Bargaining Forum only to be met with arrogance and intransigence. As a result of this SACCAWU obtained a certificate to embark on protected strike action after failing to resolve the dispute at the CCMA.
We expect more than 80 000 workers to join this day-of-action. SACCAWU's call for a Centralised Bargaining Forum has been on the Union's agenda for years now and is more urgent today than ever before, especially in the light of globalisation and unilateral restructuring and workplace reorganisation, compounded with massive jobs losses and lack of coherent sect oral industrial trading polices, further exacerbated by some panic stricken reposition for fierce competition to be imposed by the ultimate entry of Walmart within; our shores and the continent.
Workers employed in the retail and wholesale sector are amongst the lowest earning workers in the economy, after domestic, farm and security workers. The sector is amongst those with the highest levels of atypical (casual, part-time, variable time employees, massive use labour broker supplied labour; etc) employment contracts. Workers in the sector have also experienced extended trading hours with little regard for the implications of this on the lives of workers and their social and family lives. In fact there is no due regard for supply of safe and reliable transport whilst most of the workers get caught in cross fire on various armed robberies and/or crimes easily unleashed due to permanent internal safe security, given highly outsourced related services.
Over and above this, the Union experiences a range of problems with companies, including issues of organisational rights, strikes and picketing rules especially in malls where it is now an open secret that the mall owners and managers subtly collude with these employers on the offensive against workers on the pretext of property rights; on which they excessively manipulate the yet to be transformed courts and police to carry out this dirty work further; by issuing the socalled urgent interdicts at times within an hour of notice to the union , with no due consideration of equality before the law as the bosses’ greed for profits always make them more equal before the law.
All this has increasingly become worse and untenable over the last few years as many companies hardened their attitudes towards the Union. Recently we saw many strikes, including the Woolworths, Massdiscounters, Makro and Dis-Chem strikes that could've been avoided. We witnessed the unilateral cancellation of agreements, unilateral and radical restructuring, re-positioning and re-engineering, threatening jobs security, decent work, workers benefits and many other issues. Many of these developments led to mass retrenchments and job losses in the course of these disputes.
Thus, where the sector for more than a decade saw the reversal of relatively healthy industrial relations and relations between the Union and employers into increasingly hostile and adversarial relations. This characterised and underpinned the wave of strikes, both national and local over the last three years.
These developments were hardly ever motivated by business considerations, but clearly driven by a desire to weaken the Union. Throughout the last few years SACCAWU warned of the Walmartisation of the sector. Walmartisation that is characterised by driving down wages, eroding workers benefits, reducing hours of work, extending trading hours, growth in various forms of part-time and casual employment contracts and many other developments. All this can only be realised through the weakening of the power, unity and levels of union organisation. And it is for this reason that we warned of the growing union-bashing that SACCAWU confronted.
For sometime now SACCAWU described this trend as the rise of Walmartisation of the sector in anticipation of the entry of Walmart into the South African and African market. Today with scurry by Walmart to takeover Massmart all this has become much clearer to many of our members and most of outsiders.
In the context of Walmart entering the South African market our campaign for Centralised Bargaining should be seen as part of our struggle against the Walmartisation of the sector and of Walmart imposing their business model on South Africa, with its far reaching implications for the economy well beyond Massmart or the wholesale and retail sector.
Through a Centralised Bargaining Forum we will be able to establish broad framework, understanding, commitments and minimum standards that will serve to protect and improve the position of workers in a growing hostile environment, where companies believe to compete with Walmart mean to act like Walmart. However, SACCAWU believes that the best response to the entry of Walmart into South Africa should be to establish minimum standards that Walmart can be held to, instead of attacking workers.
It is in this context that the SACCAWU's campaign for Centralised Bargaining should be seen as an integral part of our campaign against Walmartisation of the sector.
The action will take place throughout the country with protest marches and pickets targeting these companies to commit themselves to a Centralised Bargaining Forum.
The following companies will be affected by the strike action:
• Pick 'n Pay
• Pep Stores
• Makro
• Foschini
• I-Stores
• Dunns
• Metcash
• Boxer Stores
• Lewis Stores
• Saffer & Company
• New Clicks
• Truworths
• JD Group
• Shoprite Chekers
• Massdiscounters
• UPN
• Thumb Trading
• Edcon
• Ellerines
• John Craig
• Browns Weirs
• Ackerman
• Rhino Cash & Carry
• Builders Warehouse
• Jumbo Cash & Carry
• The Spar Group
• Melbro Wholesale
• Woolworths
Details of SACCAWU planned protest actions 26 November 2010
Region Town/City Target Companies Times For further details contact
Eastern Cape PE Pick 'n Pay and Shoprite/Chekers 13h00 Victor Poswa -
Umtata Rhino Cash & Carry 13h00 Victor Poswa - 0823368184
Free State & Northern Cape Bloemfontein Shoprite/Checkers – Matiland 13h00 Jerry Mmoneri - 0823369298
Kimberley Pick 'n Pay North Cape Mall 13h00 Jerry Mmoneri - 0823369298
QwaQwa Shoprite Mandela Park 13h00 Jerry Mmoneri - 0823369298
KZN Durban Ellerines 11h30 Matthew Ndlovu - 0823369245 Woolworths 12h30
Massdicounters 13h00
Mpumalanga Nelspruit Woolworths 13h00 Patrick Skosana - 0823368173
North West Vaal Vereeening Edwin Makua - 0823368872 Mafikeng
Northern region Polokwane Joshua Doore 13h00 Cyril Dibakwane - 0823368382
Western Cape Cape Town Chamber of Commerce 13h00 Crosby Booi - 0823365731
Wits region Johannesburg Shoprite – Eloff Street 11h30 Steven Majova - 0823367118 Woolworths – Market Street 12h00
Game – Pritchard Street 13h00
Pick 'n Pay Carlton Centre 14h00
Contact
Mduddzi Mbongwe 0823365146
Bones Skulu 0823365015
Amos Mothapo 0823365240
Louisa Thipe 0823365247
Angie Phetlhe 0823365290
Thabo Mahlangu 0823365682
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1.2 Bricks company starves workers for three months
Solly Phetoe, COSATU NW Provincial Secretary, 25 November 2010
COSATU and its affiliates has strongly condemned the attitude of the Kopano Bricks company which has not paid its workers for three months.
The company is anti-union and is led by African directors who do not respect labour laws. 400 workers, lead by COSATU handed over a memorandum of demands today 400 workers to the BEE company.
COSATU presented the following demands to the management:
1.Three-month salary payment of workers.
2. Back payment of workers in their provident fund.
3 That all workers are entitled for bonuses including contract workers.
4. That all legislation must be respected.
5,That the Department of Labour must do a full inspection in the company on the OHS ACT.
6.That all employees must qualify for annual leave .
7.That the company must disclose information.
8.That company must stop victimising the union leadership.
The company is given until Friday 3 December 2010 to pay what is due to the workers failing which, there will be protests marches at the company’s gates .
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1.3 Support workers take-over of Mine Line
Mametlwe Sebei, MEWUSA Media and Campaigns Co-ordinator, 25 November 2010
MEWUSA on behalf of our members in Mine Line and Tap Engineering appeals for your urgent intervention in support of the Mine Line/ TAP workers who began an occupation of their factory in Krugersdorp on Wednesday October 20.
These workers are refusing to add another 107 job casualties to the more than 1 million jobs lost since the onset of the recession – they are fighting back to save their jobs and keep the factory running. In doing so, they show the way forward for the entire working class movement in SA and this critically important campaign deserves the active support from the workers of NACTU, COSATU and all other unions, fighting community organisations and working class youth and students.
Background
The company’s ex-owner, Mr. Mulder, applied for its liquidation in August after three workers were killed at work due to his gross disregard for workers safety and health. While Mulder took out R15m in cash the day before shutting the company down, in addition to having bought himself a fleet of luxury cars and a helicopter with company money, 107 workers are left with nothing to show for, in most cases, over 25 years of service. Mulder has now further robbed the workers by illegally removing the assets of the company which he no longer owns – machinery, stock, even the bank of knowledge from the office. By allowing this theft to continue the liquidator of the company is clearly failing to protect the interest of the workers and has lost all our confidence.
At our meeting with the liquidator Wednesday, the liquidator was therefore chased away by the workers and all the trucks he brought to load other assets were ordered by the workers to leave the factory premises immediately. The workers then resolved to start guarding the premises themselves with immediate effect. This is the beginning of a factory occupation as part of a campaign to save the jobs at Mine Line. While a meeting with the liquidating company management will still be held, we cannot at present entrust the liquidator with guarding the company assets.
Historical first
The occupation of Mine Line is the first action of this kind by workers to defend jobs since the onset of the recession in 2008. Regrettably the trade union movement leaders have reacted to the recession as if it is a natural phenomenon for which no-one can be blamed, and against which all – workers, bosses and government – must work together for the “common good”. Just as the global economic crisis was triggered by the parasitic actions of the capitalists, especially the bankers, Mine Line’s problems are the direct result of the ex-owner’s criminal looting, fraud and theft. Despite the economic crisis, Mine Line is a viable business. To stop it from being destroyed the workers had no alternative but to take matters into their own hands. The occupation follows the example of similar action undertaken by workers internationally in response to the global capitalist crisis which has resulted in 34 million job losses world-wide. The Mine Line workers are refusing to pay for the crisis caused by their boss and are sending a loud and clear message to workers across the world to do the same.
The struggle which is now beginning at Mine Line will provide very important lessons to the organised workers, struggling working class communities and youth organisations in SA and internationally. The economic crisis has exposed to millions that the capitalist system is unable to take society forward. Workers create the wealth – the bosses just take! We are demanding that ownership be transferred to the workers to enable them to run it as a cooperative as a step towards the nationalisation of the company under workers’ control and management; and that the state injects capital to upgrade plant, equipment and technology, to guarantee jobs and to safeguard workers’ savings and benefits. We are also putting pressure on the other main creditors: ABSA should pursue Mulder, not the company, to recover what is owed to it – he borrowed the money on false pretenses and never invested it in the company. The same applies to SARS. The occupation of Mine Line and the mass solidarity campaign which we appeal to you to support form the basis of a campaign for nationalisation under workers control and management – to show that production and society can be run without the capitalists; for the development of the community, not short-term profits.
Working class solidarity key
Workers recognise that no matter how determined they may be, the struggle will not be won on the basis of their own forces alone. We need the support of other workers and communities. Already, the Democratic Socialist Movement, COPAC and the wider Conference of the Democratic Left are taking active part in support of the workers, but there is now an urgent need to unite the weights of the entire labour movement and the mass struggles of communities and youth into a mass solidarity campaign. We are appealing for the urgent support of your organisation/community and apologise for the short notice, which is imposed on us by the need to act quickly to stop the previous owner from further looting the company.
What you can do:
- Send reps, with banners of your organisation if possible, or messages of support to the next mass meeting of workers and supporters: Friday October 22, 10h00 Mine Line (108 Impala Rd, Krugersdorp, next to Harmony Gold’s Doornkop Mine). Meetings will also continue during the weekend.
- Join the support committee to organise active support of the occupation: take part in guarding the company premises; organise solidarity meetings in your community, union, educational institution or workplace
- Contribute to the occupation support fund: contact cde Mametlwe Sebei, MEWUSA, for details. Anything from groceries to a generator is needed.
2. South Africa
2.1 NEHAWU commemorates 16 Days for Activism Against Women and Children abuse
Sizwe Pamla, NEHAWU Spokesperson, 25 November 2010
NEHAWU the democratic and progressive union of the working class is extremely troubled by the prevalence of rape, assaults and exploitation incidents against women and children in South Africa. The union therefore calls on the broader South African society to join hands in marking the 16 Days of Activism Against Women and Children Abuse by naming and shaming all those who abuse women and children.
We are worried to hear about rape incidents in schools and hospitals because those are supposed to be the safest places for the citizens and the fact that we hear about the emergence of serial rapists is deeply unsettling for all of us.
This year marks the 11th year anniversary of the historic 16 Days of Activism Campaign and over the years it has served as a main social mobilisation tool against acts of violence and abuse against women and children and the prevalence of HIV in South Africa and globally.
The union urges the Ministry of Women, Children and People with disabilities in collaboration with all law enforcement agencies to analyze our legislative framework in order to ensure that all those who abuse women and children pay harshly for their actions. As a union we are concerned because despite the legislations and policies in place women are still faced with a wide range of issues such as the high rate of sexual abuse, domestic violence, child abuse, feminization of HIV/AIDS, poverty and poor service delivery.
It is an open secret that the spread of HIV/AIDS is directly linked to gender violence through sexual violence, and indirectly through women’s incapacity to negotiate the use of condoms or the conditions under which they engage in sexual relations.
Workers are still suffering from the impact of violence and we call on them to work with employers in raising awareness of gender based violence, sexual harassment, health and safety in the workplace and take a lead in the implementation of developed related policies and practices.
NEHAWU appreciates the role that women play in our society and also believes that children are the future so we call on all citizens, companies and organizations to commit themselves to fighting all forms of abuse at home, workplace and in our society.
We take this opportunity to salute all our struggle icons like Comrades Lillian Ngoyi, Helen Joseph, Rahima Moosa, Winnie Mandela,Alina Rantsolase,Bertha Gxowa who have been the shining lights in the struggle for justice in this country. We honour these pioneers and inspirational women leaders whose dedication and sacrifices still inspires us today as we carry forward the struggle for the total emancipation of women.
Below is a list of events arranged for the commemoration by the union
· Seminar on the 29th November 2010, 10H00 a.m.: Dambuza, Umngungundlovu, KwaZulu-Natal
· Interaction with Rape victims: 30th November 2010: Pietermaritzburg Magistrate Court
· World Aids Day Event: 1st December 2010
· Refurbishment of Zamimpilo Drop-in-Center: 2nd December 2010: Imbali, UMgungundlovu, KwaZulu-Natal
· Service delivery Expo 3rd December 2010 Imbali, UMgungundlovu, Kwazulu Natal
"The world has never yet seen a truly great and virtuous nation because in the degradation of woman the very fountains of life are poisoned at their source." Lucretia Mott.
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2.2 POPCRU supports the 11th Anniversary of the 16 Days of Activism
Norman Mampane, POPCRU National Spokesperson, 25 November 2010
POPCRU has joined millions of citizens of South Africa in particular and the whole world in general, to celebrate progressive policies in our country against any form of women and children abuse.
We applaud the realization that Drugs and Alcohol are major contributors to rising family violence and the latest youth public indecency and exchange of pornographically materials within our institutions of learning.
We have noted that there are a sizable number of female inmates in all Correctional Centres, wherein many are incarcerated for cases of Domestic homicides. A Research has revealed that many of these acts are committed whilst under the influence of drugs and liquor, and sometimes offenders acting in self-defense. And we call upon government to accelerate a programme of social reintegration as a catalyst to enhance social cohesion.
Our members are in many instances found to be a buffer zone for some incidences of family fights, violence against women and children and we would want to urge them to make necessary follow-ups on any calls that are made to all the police stations as part of our contribution to enhance realization of entrenchment of Human Rights in this country.
We also urge members to seek counseling in resolving their own problems that are sometimes caused by stress through high workload, trauma and the violent nature of tasks of combating of crime in the Criminal Justice.
And we welcome the latest development within the South African Police Services to put in place action Plans to acquire services of Psychologists to ensure that all officers are advantaged to succeed in combating crime.
POPCRU calls upon all its members as employed within SAPS, DCS and Traffic Department to exercise due respect on the provision of quality public services and with caution to minimize violent talk and mishandling of victims of crime.
A country with high level of respect for human dignity will only be achievable through a concerted efforts and action by us all.
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2.3 COSATU NW launches 16 Days of activism campaign in the farming community
Solly Phetoe, COSATU NW Provincial Secretary, 25 November 2010
COSATU in the North West province has launched its 16 Days of Activism campaign at the Letlhasedi Combined School in the Mahemsvlei Farms, 29 km along the Ventersdorp road.
The campaign is targeting the farming community to bring awareness on a number of issues including educating them about their basic rights and services which they can get from government and other institutions.
Our theme for this campaign is : No tolerance on abuse against women, men, children and people living with disabilities: stop it now.
COSATU believe that the people in the farming community have been neglected for too long and we should dedicate this decade to the farming community in particular the farm workers and farm dwellers.
COSATU is committed to the 365 days of no violence.
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2.4 Statement of the COSATU Central Executive Committee
The Central Executive Committee (CEC) of the Congress of South African Trade Unions held a scheduled meeting on 22-24 November 2010, attended by National Office Bearers, and representatives of its affiliates and provincial structures.
On 1 December 2010, COSATU will be proudly celebrating its 25th anniversary, a quarter of a century of battling for workers’ rights, democracy and liberation, 25 years of unbroken struggle with and for the working class and the poor.
On 4th December 2010 we will hold the mother of all birthday parties - a rally and a workers’ festival - at Johannesburg Stadium. As well as top speakers from government, our allies, and of course COSATU itself, there will be music from the finest South African artists, including Jonas Gwangwa, Letta Mbulu, Vusi Mahlasela, DL Cleo, Big Nuz, Ntando, Rebecca Malope and Ihhashi Elimhlophe. And that is less than half the list!
At the event COSATU will also launch its 2011 Local Government Election campaign in support of the ANC.
Transport has been laid on from all over the country and we want workers to come there with their partners and families and enjoy this historic festival of workers, and we urge the media to publicise this momentous event to your readers, viewers and listeners.
The CEC meeting was addressed by three government ministers – Ebrahim Patel, Minister of Economic Development, Mildred Oliphant, Minister of Labour, and Nathi Mthethwa, Minister of Police. Collins Chabane, Minister in the Presidency, had to tender his apologies and will be invited to a future meeting.
1. Political situation
The CEC recalled that in its last session held in August it issued a discussion paper titled “The Alliance at a Crossroads- the battle against a predatory elite and political paralysis”
The August CEC had concluded that:
“The post-Polokwane period has been highly contested. On paper, Polokwane promised key advances in its commitment to an economic policy based on decent work, proposals for a new growth path, a new high impact industrial policy, national health insurance, comprehensive social protection, comprehensive rural development strategy etc. But progress on these areas has been very mixed, and on the whole disappointing. The centrepiece of the new economic policy, the Growth Path document couldn’t be adopted at the July Cabinet Lekgotla, and has been referred to a Cabinet Committee. There are no time frames set for this process suggesting that it may hang in there forever.”
The CEC analysed a number of political events that took place since we made this conclusion as follows:
ANC NGC
The CEC agreed that for COSATU the ANC NGC in September 2010 was a huge success! The members of the ANC took the opportunity to assess progress in implementation of the ANC 52nd National Conference resolutions and took a number of progressive resolutions including on the following:
1. It reaffirmed all the economic resolutions of Polokwane as summarised in the five ANC manifesto priorities. It adopted the framework for the New Growth Path which emphasised the need for transformation of the economy to achieve the goal of creating decent work and eradication of poverty.
2. Further, the Declaration reaffirmed “the ANC’s approach that the transformation of the South African economy should always be holistic and comprehensive, covering all sectors of the economy. In this regard, the ANC should ensure greater state involvement and control of strategic sectors of the economy, such as mining, energy, the financial sector and others.”
3. The NGC moved decisively to state that “the implementation of NHI should be fast-tracked... The ANC must lead the implementation of the NHI and its promotion amongst the general populace”, adding that “the involvement and support of the Alliance is crucial.”
4. The NGC categorically stated that it must go down in history as “the gathering that marked a decisive turning point in tackling, arresting and reversing the negative tendencies that have eroded and threaten to erode the political integrity and moral standing of the ANC among our people. The NGC “went beyond condemning sins of incumbency and other misbehaviour such as ill-discipline and factionalism” and promised that decisive action will be taken “against any tendency to erode the character, principles, core values and culture of the ANC.”
COSATU totally agrees.
The ‘new tendency’ of tenderpreneurs was isolated and exposed and their programme completely disrupted. Just like the 1996 class project it does not mean that they have been defeated. It will however take blunders and a series of own goals by the leadership to allow a return to the pre-2010 NGC political environment.
In our view the NGC on the whole constituted not only a defence of Polokwane but significant pro-worker pro-poor advances, even though there remain some worrying elements.
The overriding lesson we have however learnt throughout our 25 years of existence is that paper accepts anything written on it. It will all depend on consistent and decisive leadership to take forward the clear pro-poor and pro-working class policies that emerged from the NGC. Our challenge is to use a combination of strategies to continue to push for fundamental transformation.
Overall the framework emerging from the NGC should have ended paralysis emboldened the leadership and brought the alliance formations closer to one another.
Strategic Political Centre
An area of disappointment emerging from the NGC was resolutions on the Alliance. COSATU has long said that the ANC leads the Alliance, which, as OR Tambo said, “is not an elite pact signed in conference tables but an organic and unique entity born out of struggle and cemented with blood of our people”. COSATU fully agrees with this theoretical perspective, and that “each Alliance component enjoys political independence from one another”.
COSATU has not contested the fact that the ANC is the strategic political centre precisely because it leads the alliance and the rest of the democratic forces. COSATU however insist that since the ANC has formed a strategic and not tactical alliance with SACP and COSATU, it goes with without saying that since the ANC is the strategic centre, the alliance as a whole under the leadership of the ANC is also a strategic political centre.
To find a solution to unblock this stalemate, we must spell out what we mean by a strategic political centre. This has already been spelt out in a detailed May 2008 Alliance Summit resolution that agreed that we must develop a joint programme driven by Alliance leadership structures at all levels to mobilise our membership and society as whole behind the demands of the Freedom Charter and for implementation of the manifesto commitments.
There should be maximum levels of consultation including on key government programmes and deployment of cadres. In short the Alliance must not return back to the marginalisation of other components, including ANC members and our people.
The ANC-led alliance must drive transformation, and government leaders and bureaucrats cannot continue to be the strategic centre of power, as they have been over the last 16 years.
Disagreement on this critical matter including the fact that there is no programme to mobilise our people behind the manifesto priorities and for transformation means that the alliance is still at cross roads.
Bilaterals with the SACP
The CEC received a report on successful bilateral meetings with the SACP. The CEC concluded that:
1. It would be an exaggeration to suggest that all our problems that have caused uneasiness have been resolved. Both COSATU and the SACP have the responsibility to act decisively to close the gaps and ensure that maximum unity amongst these two biggest socialist formations. The biggest loser in the deterioration of the relationship between COSATU and the SACP is going to be the working class and the struggle for socialism.
2. In the past the CEC has expressed the CEC view is that the SACP General Secretary must return to SACP Head Quarters and lead the party on the full time basis so that it can confront the challenges facing the working class. The CEC reiterated that view. This is a plea not a command!
3. COSATU will be discussing a formula that can ensure that the SACP develops resources that can help it develop human resource capacity and is help to run campaigns effectively.
Bilaterals with the ANC
The CEC expressed concern at the tone of the ANC responses to COSATU, which are adopting an increasingly antagonistic and paranoid posture, and questioning of bonafides, which is slowly, if not faster, taking us to the pre-52nd Polokwane conference era, where all were under scrutiny and suspected of being manipulated by the imperialists and or other forces hostile to the NDR.
A trend is developing where COSATU is subjected to ridicule, caricatured, dismissed and misrepresented, to advance an argument that the Federation is being oppositionist and generally problematic and not loyal to the Alliance. The CEC called for this to stop.
Personalisation of the role of the General Secretary
The COSATU General Secretary concedes now that his announcement that he will not stand in the next congress was a mistake, more so his statement that he would now make himself available for the NEC and Central Committee of the ANC and the SACP, even though not for the position of the secretaries of these organisations.
This has unleashed speculation about where he is going and what role he will play. Already he has been attacked by some in the ANC as having launched the succession debate through this announcement. The ANCYL has also not missed the opportunity to ridicule, suggesting that he wants to jump straight to the top leadership instead of first joining a branch of the ANC and making his way up.
The media, with the help of some faceless persons within the affiliates, launched a COSATU succession debate and named possible candidates. The union officials behind this debate for their own reasons sought to profile and rubbish their preferred candidates and those they did not prefer.
This forced the May 2010 CEC to announce that there is no succession debate in the federation until the right time. This has however not stopped some in the media from continuing to conduct this debate. Regrettably this may destabilise the unity of the federation by undermining personal relations between comrades, who are pitted against each other by faceless people.
Secondly the media, which has its own agenda, have sought to present the COSATU General Secretary as some kind of Messiah, writing editorials and articles praising him outside the collective that he represents when articulating the federation’s positions. Regrettably there is now in some quarters a fear of “his agenda”.
In a co-ordinated whispering and gossip campaign it is suggested that:
1) He aims to be in the top six of the ANC
2) He is positioning himself to be the next General Secretary of the SACP
3) He wants to use COSATU to form a new workers or a South African ‘MDC’ political party as it has happened in Zimbabwe, Malawi, Namibia and Zambia.
The truth is that the General Secretary is no individual operating outside the discipline and policy of the federation. COSATU is committed to the Alliance and has no agenda whatsoever to form an MDC. This does not mean that COSATU must give in to the blackmail and refuse to discuss the political environment it finds itself operating in.
The reaction of COSATU to this can’t be to say that it must close all discussions because that would be playing to the agenda of the paranoid sections of Alliance leaders. The General Secretary is the chief spokesperson of COSATU and the CEC will not give in to the agenda of isolating and destroying him. He will remain the public face of COSATU. COSATU will defend its General Secretary and all its leaders against unwarranted attacks.
The General Secretary has stated his preference with regard to the next congress. What will ultimately happen there remains an issue that the affiliates and their members will discuss at an appropriate time. The General Secretary will not, because of paranoia, issue a declaration that he will not stand for this and that position for fear that this is compromising relationships with paranoid individuals.
Civil society conference
Successive COSATU National Congresses have called on the federation to work more closely with other civil society formations. Informed by this, COSATU has convened two major civil society conferences to broader its jobs and poverty campaign in recent years.
The August 2010 CEC adopted a programme which said: “The COSATU post-World Cup Declaration is gaining broad support. We need to create a bigger profile for this, and convene a platform of organisations to focus on the issues raised in the Declaration. We can use this to unite South Africa around a positive campaign of social renewal”.
This led to the Civil Society Conference on 27-28 October 2010. Close to 60 community based organisations, NGOs and the mass democratic movement, including SANCO, attended the highly successful gathering.
The CEC expressed shock and regret at the reaction of the ANC NWC. The ANC has never attended any of the three previous major summits convened by COSATU and in fact refused to attend at least one of these when it was invited to observe. Today, informed by an uninformed insecurity and paranoia it suddenly smells a rat and develops all manner of conspiracy theories.
COSATU in particular is angered by a baseless accusation that it is fomenting a regime change in South Africa. There is no difference between what the NWC of the ANC is accusing COSATU of, and what the late James Nkambule accused three prominent leaders of the ANC, Cyril Ramaphosa, Tokyo Sexwale and Mathew Phosa of plotting a regime change.
Comrade Jeremy Cronin, DGS of the SACP, has also felt it appropriate to launch his own tirade against the Civil Society conference in Umsebenzi Online.
It is regrettable that Comrade Jeremy’s contribution to the debate on the role of civil society is full of ideological confusion, baseless insinuations and self-contradictory assertions. More worryingly the SACP DGS did not once engage COSATU to indicate that he has a problem with mobilisation of civil society.
It is based on total misconceptions of the nature of the Civil Society Conference, which have already been clarified in COSATU’s response to the ANC National Working committee which raised similar, and equally unjustified, charges, a response which Jeremy presumably has not read, since he repeats the NWC’s false assertion that SANCO was not invited to conference (they were and did participate.)
Ironically much of Cde Jeremy’s introductory paragraphs, dealing with the nature of civil society, justify COSATU’s stance and contradict his own. He is quite right to identify the different tendencies within civil society. Some, which he describes as “centre-left leaning, NGO/ social movements", veer towards the side of the national democratic revolution, and others, who are right-wing, free market, anti-majoritarian liberals, tend to align with the counter-revolution.
This reflects the pressure exerted on civil society groupings by the two dominant classes, the capitalists and the working class, each competing for their allegiance. That is why for years, as Jeremy concedes, it has been the policy of not only COSATU and the ANC, but also the SACP in particular, to build broad alliances with civil society organisations, in order to create and strengthen a hegemony of progressive forces within civil society and weaken the counter-revolutionary forces.
As Cde Jeremy says, “the SACP in practice has also always sought to work with a wide range of social liberal forces - whether within the ANC and our broader movement... Over the past ten years with our successive Red October campaigns we have, likewise, worked with and learnt from active campaigning together with a wide range of forces, including many NGO/social movements and faith-based formations, around transforming the financial sector, or land reform, or dealing with the scourge of corruption.”
The ANC adopted the same strategy with its Alliance with SANCO, and its leadership of the former mass democratic movement.
October’s Civil Society Conference was located squarely within this tradition and was indeed a classic example of the same strategy. It was attended by 56 organisations represented from a wide range of church, community, NGO and special interest formations.
It is worth repeating some of COSATU’s response to the ANC NWC:
“COSATU remains firmly committed to its alliance with the ANC, SACP and SANCO, mandated by many National Congress resolutions. It has however also always been, and will remain, a trade union federation, independent of the ANC, the state and capital, with the right to meet and interact with any organisation, as long as this advances the interests of the working class.
“COSATU has no need to seek permission from anyone to meet and work with friendly organisations. We are not an anti-ANC and anti-government coalition. We are not here to begin a process to form any political party, nor to advance the interest of any individual”.
“Contrary to the impression given by the ANC statement, speakers at the conference went out of their way to heap praise on the ANC government’s achievements. COSATU, and the overwhelming majority of civil society organisations, are fully committed to working with, not against the ANC and the government. United together, the liberation movement and civil society are an invincible force for change and national liberation. Let us unite and work together to achieve our shared aims!”
The CEC agreed to continue to organise provincial civil society conferences next year and called on the leadership of the federation to move with speed to organise the Conference of the Left of all forces committed to the goal of socialism in conjunction with the SACP.
COSATU CEC reiterated that COSATU is an independent organisation free to pursue it congress resolutions.
Cabinet reshuffle
The CEC noted that on 30 October 201, the President announced the biggest cabinet reshuffle in the history of our democracy. We welcome his comment that “Given the fact that we still face serious challenges of unemployment, poverty and inequality in the country, government has to work at a faster pace to change the lives of the poor. Our people need to see a visible improvement in the delivery of water, electricity, health care, education, social security, civic services, safety and security and a host of other basic needs.”
COSATU reject totally the suggestion by some in the media that the President sought to cement his position by packing the Cabinet with people from one province KwaZulu Natal. COSATU totally rejects tribalism and will fight this and other divisions whenever they rare their ugly heads.
COSATU commits to working closely with all the new ministers and deputies, and has already begun to do this at this CEC meeting.
Preparations for the Alliance Summit
The Alliance Secretariat has set the date for the next Alliance Summit - 29-30 January 2011. Whilst we still have to finalise the agenda, the following will feature prominently:
1. Alliance programme
2. Conceptualisation of the alliance including the strategic political centre
3. 2011 local government elections
2. Towards establishment of Corruption Watch
Since the decision was taken to build a powerful anti-corruption institution of civil society – Corruption Watch - involving a team of lawyers, accountants, auditors, etc,
The meeting discussed in detail the formation of a Section 21 company and the balance of power between the directors and members. It was noted that there must be a proper gender and race balance on the board of directors and that a person of exceptional integrity needs to be identified as a candidate for the position of Executive Director/CEO.
COSATU and its affiliates will hold a majority of the legal membership of the company, with civil society organisations holding the balance. The legal requirement is 7 members, but the CEC decided to have 15 members, 10 of which would be COSATU members, the others would represent civil society organisations.
The CEC considered the political challenges of ACU and affirmed that this is an initiative intended to support government’s efforts to combat corruption, that it will aim to enhance the effectiveness of statutory bodies such as the NPA and work within the framework of the UN Convention against Corruption, which SA has ratified.
It was agreed that it would be important to meet with the Minister of Justice and other key Ministers and that ACU will only have the confidence of the public if it is seen to be effective in fighting corruption. It will have to find ways of protecting whistle-blowers and the information they provide as well as those individuals involved in the ACU.
3. Amendments of legislation dealing with labour brokers
The CEC recalled that in its August meeting it expressed concern at both delay in addressing the pressing matter and the content of the draft Bill rejected by Cabinet which sought to ensure that the ANC commitments to workers are taken forward.
Subsequently little progress was made to it taken this forward.
Since then Mildred Oliphant a former SACCAWU shop steward from Northern KZN has since been appointed as Minister of Labour. She addressed the CEC. COSATU hopes that the Minister will move with speed to introduce amendments to ban the labour brokering identified as a problem by the ANC manifesto.
4. Special Courts Bill
The CEC discussed the revised Bill which was gazetted in May 2010 for public comment. The revised Bill appears to address many of Labours concerns including:
1. Ensuring that NEDLAC has a role in determining judges appointed to the Labour Division
2. Trade union representatives retain their right of appearance in these courts, thereby allowing them to continue representing workers.
3. Separate arrangements are provided in respect of labour appeal matters, which will be heard by Labour judges.
4. Labour judges would be appointed for life.
However, the following serious concerns remain:
a) The definition of the substantive jurisdiction of the Labour Courts is narrowly limited to matters arising from Department of Labour (DOL) legislation. Yet there are a number of pieces of legislation that have direct implications for labour rights but which are not the responsibility of the DOL. Similarly business rescue provisions in the new Companies Act, which is the responsibility of the dti, would allow for the renegotiation of employment conditions as long as this is in compliance with the LRA. Accordingly the jurisdiction of the Labour courts should be sufficiently wide enough to take into account relevant non-DOL legislation.
b) A key objective of the Bill is to create a single High Court system made up of specialist divisions (including the Labour Court) and the general division, control and management of the High Court is centralised under the Judge President of the High Court. This means that in future there will merely be a “head” of the labour division as opposed to the full position of a Judge President, amounting to the downgrading of the position. Labour Judges would be unlikely to be allowed to consider ordinary non-labour matters unless appointed to the general division in respect of which they would have to show adequate generalist legal experience, and which most specialist labour lawyers often do not have.
This raises the concern that in the long-term the quality and sustainability of the proposed Labour Divisions will be brought into question since labour judges will not have the option to progress further including through appointments to the Supreme Court of Appeal and Constitutional Court. The Labour Court Judge President (Mlambo) has already given indications that he would leave if this is implemented.
COSATU CEC called for a resolution of the remaining two areas with the Minister of Justice, Jeff Radebe.
5. AARTO
COSATU supports measures that will end the carnage on our roads by punishing offenders and ending the culture of impunity. Workers should however not be punished for the non-roadworthiness of the vehicles that do not belong to them. The demerits system must punish owners and not workers.
SATAWU appealed for support for their campaign against AARTO, especially its impact on truck, bus and taxi drivers who face the possibility of losing their licences and therefore their jobs under the provisions of the demerit system. Many employers impose time limits for journeys, which can only be met by speeding.
The CEC expressed support for SATAWU but decided to unpack the provisions of the new Act, some of which seek to crack down on speeding and the use of unroadworthy vehicles, and streamline the collection of fines, which aim to reduce the number of accidents and save lives.
COSATU welcome the postponement of the implementation of AARTO until all legitimate concerns have been addressed.
6. The New Growth Path
The CEC was addressed by the Minister of Economic Development, Ebrahim Patel, on his proposed New Economic Growth Path strategy, which he tabled in Parliament on 23 November 2010.
The CEC has welcomed the tabling of the document which it will now engage with. COSATU affiliates will study the document a workshop will be held on the 14-15 December. COSATU will measure the document against its own proposals published in September, the ANC NGC resolutions, and the ANC 52nd National Conference resolutions that call for restructuring of the economy, decent work, eradication of poverty and an end to monopolies. We shall also check if the New Growth is capable of creating the type of society envisaged by the Freedom Charter.
The CEC noted the new growth path framework document and has raised concerns about some aspects of the framework, including but not limited to, the macroeconomic policy framework that supports the new growth path and the proposals relating to wage moderation.
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2.5 Sowetan did not get the facts right
Max Modise, UBANK, 18 November 2010
UBANK formerly known as Teba Bank raises concerns on a factually incorrect article that was printed in the Sowetan today.
The said article headline reads “Teba Bank boss criticises union”
- The article further refers to James Motlatsi as being UBANK’s boss and Chairman.
- That NUM are in a wage dispute with UBANK
- That Tseliso Lesibe is the union’s chief negotiator at UBANK
Before there is any further confusion in the media on the matter, UBANK is providing clarity on the statements made in the article.
Firstly UBANK and TEBA Limited are two separate companies with separate owners and management.
UBANK’s, Chairman is Mr. Ayanda Mjekula and Mr. Mark Williams is the bank’s Chief Executive. Dr. James Motlhatsi on the other hand is the Executive Chairperson of TEBA Ltd.
UBANK has a legacy of being a home-grown South African institution that has grown from grass-roots and is the only black owned bank in the country. The Bank is a well-established financial services provider and over the years has managed to entrench itself primarily within the gold and platinum mining communities.
The banks ownership vests in a Trust managed by trustees elected by the National Union of Mineworkers (NUM) and the Chamber of Mines. The beneficiaries of the Trust are the Bank`s customers and NUM has publically claimed the Bank as a ‘worker’s asset’.
As the worker’s bank of choice, UBANK recognises workers as an important stakeholder.
TEBA Limited on the other hand is a separate entity to UBANK and specialises in the recruitment of mineworkers that sources and engages workers to work on various mines and provides HR, social and financial services to mines and mineworkers before, during and after employment.
In December 2005, 75% of TEBA Ltd was purchased by a BEE-consortium led by James Motlatsi (Inkanyezi Yukosa Investment Holdings (Pty) Ltd) with the remaining 25% being given to all TEBA Ltd employees equally. Due to the established relationship and availability of its offices in some rural-areas and neighbouring countries, TEBA Ltd continues to act as an agency or supplier of UBANK.
The statement made by the NUM spokesperson Lesiba Seshoka on the 16 November 2010, clearly states that the wage dispute is between NUM and TEBA Ltd; therefore has no relation to UBANK. Finally Tseliso Lesibe is NUM’s chief negotiator at TEBA Ltd and not at UBANK
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2.6 World AIDS Day Protest to demand immediate release of Chinese AIDS & Human Rights Activists
Section 27, 25 November 2010
In a show of solidarity and to commemorate World AIDS Day, the Treatment Action Campaign, SECTION27, COSATU and others will be staging a protest on 1 December 2010 at the Chinese Embassy in Pretoria to demand the immediate release of Chinese AIDS activist, Tian Xi and other Human Rights activists detained in China.
The protest is part of a global campaign to demand Tian Xi’s release. Protests will also take place in other parts of the world.
Tian Xi has been detained in Henan province without a formal sentence since August 6, 2010. He is in prison because of his ongoing campaign to petition the Chinese government to compensate him and thousands of others infected with HIV through contaminated national blood supply. Information about Tian Xi is available here (http://tinyurl.com/32xluhk).
Mr Xi was a child when he was given a blood transfusion that was contaminated. In the 1990s tens of thousands of people in China’s central plains were infected with HIV and other pathogens through state-sponsored blood sales and hospital blood transfusions that were contaminated. No one has been held accountable and thousands of families have petitioned for compensation; a few have received small settlements and many have been refused. China’s courts currently refuse to accept lawsuits on these cases.
TAC, SECTION27, COSATU and others call on the Chinese government to respect human rights, and in particular to comply with China’s own Constitution and national human rights action plan.
On World AIDS day we will hand over a petition to the Chinese Ambassador calling for the immediate release of Tian Xi, Hu Jia, Liu Xiabo and many others who are in prison and whose only crime is to defend and promote human rights.
We will also call on UNAIDS to intervene urgently to secure the release of Tian Xi.
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2.7 SA’s opportunity to commit to fighting poverty
Lilian Chenwi, Community Law Centre,University of the Western Cape, 25 November 2010
South Africa signed the ICESCR over 16 years ago but has not yet ratified it.
South Africa also played an active role in the negotiation and adoption of the Optional Protocol to the ICESCR but cannot ratify it unless it becomes a party to the ICESCR.
10 December 2010 provides an opportunity for South Africa to reiterate its commitment to alleviating poverty and ensuring social justice for all at home and internationally, through ratification of the ICESCR and the OP-ICESCR.
The Campaign for South Africa's ratification of the ICESCR and its Optional Protocol has been calling on South Africa to ratify these instruments.
The Campaign is led by the Community Law Centre, Black Sash, People’s Health Movement South Africa, National Welfare Social Service and Development Forum, and Global Call to Action against Poverty South Africa.
Organisations currently signed up to the Campaign include: Amnesty International South Africa; Black Sash; Centre for Applied Legal Studies, University of the Witwatersrand; Centre for Human Rights, University of Pretoria; Centre on Housing Rights and Evictions; Citizens’ Advice Bureau, Khayelitsha; Community Development Resource Association; Community Law Centre, University of the Western Cape; Foundation for Human Rights; GCAP SA (Global Call to Action Against Poverty); Global Water Foundation; Johannesburg Child Welfare Society; National Welfare Social Service & Development Forum; National Council of Women of South Africa; Nelson Mandela Children’s Fund; People’s Health Movement South Africa; PASSOP (People Against Suffering, Suppression, Oppression and Poverty); Planact; SANGOCO Western Cape; School of Public Health, University of Cape Town; South African First Indigenous and Human Rights Organisation; South African Council of Churches; Treatment Action Campaign; Tshwaranang Legal Advocacy Centre; Unity for Tertiary Refugee Students; Woman National Coalition; Social and Economic Rights Institute of South Africa.
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