COSATU Today 12 November 2009

After the week long national wage strike this year, Steve Tshwete Local Municipality in Mpumalanga resumed what promised to be normal operations. The no-work-no-pay principle was earnestly applied and our members welcomed it because they knew the gains achieved by the legal industrial action were more.

Ten of our members were charged for strike-related activities! In most of these charges, the municipality doesn’t have jurisdiction. To make matters worse, private lawyers are being used to preside and prosecute our members. This, it must be said, is against the spirit of the South African Local Government Bargaining Council (SALGBC).

It must also be noted that the municipality has senior personnel, including qualified legal practitioners in its employ. All these individuals were trained to handle dispute resolution. SAMWU as a majority union in this untransformed municipality will endeavour to oppose such blatant waste of tax payers’ money. All this is happening after the municipality claimed it doesn’t have funds to service the semiformal community of Avalon.

We have also reliably learned that more charges against our members are on the way. Another anomaly is that the private prosecutor is formulating these charges without being instructed by the municipal manager. It is clear that this constitutes a conflict of interest. This might also be another case of “jobs for pals” as his appointment hasn’t been transparent. It is also proper to mention that in all his cases, this prosecutor has recommended dismissal as a sanction. This, he protested, was his mandate!

The local representatives of SAMWU have also challenged, through the SALGBC, the usage of private lawyers in internal labour disputes. We are patiently waiting for a date for the sitting of the hearing.

Council and its management are failing to respond to the numerous requests to engage with the union. The local SAMWU leadership has escalated the matter and are dealing with the following as a matter of urgency:

Alerting the community about the rampant mismanagement of their resources;
Through its provincial structures, to request the MEC of Co-operative Governance to release the long awaited ministerial task team report ;
Sensitize its members on the need to remain vigilant;
Embark on an indefinite industrial action until this madness stops.

1.2 Strike looms at Goldfields

Shane Choshane, NUM, 11 November 2009

NUM has taken a certificate of non resolution at the Commission for Conciliation, Mediation and Arbitration (CCMA) which will culminate in over 45 000 workers across Goldfields operations going on strike. The dispute is over a recruitment assessment method called Functional Work Capacity (FWC). The system has proved to be a barrier to employment for new recruits and employees coming back from annual and maternity leave. “The method has been implemented unilaterally and it has seen many people falling to get employment or reappointed at Goldfields”, says Keneth Bhuda, NUM Mining House coordinator.

The NUM demands the total scraping of the system and return to an old physical testing and acclimatization. “The current system is very frustrating. We are positive about negotiations and as such we call on the company to show humanism in their actions” says Bhuda.

The NUM calls on Goldfields to come to the party and meet its demand. “We have today taken a certificate that allow us to strike. Our door remains open for now to negotiate further on this issue,” says Bhuda.

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1.3 NUMSA members at Austro Wooding Machine and Tools down tools

Castro Ngobese, NUMSA’s Spokesperson, 11 November 2009

NUMSA members working at Austro Wooding Machine and Tools, Stormmill Extension 10, Roodepoort, have downed tools and embarked on a legal industrial strike since Monday 9 November 2009.

Numsa represents more than 40 of the 60-strong workforce. Despite the existence of the Labour Relations Act (LRA), the employer is undermining some elementary sections of it.

Workers signed up to join Numsa. Once the majority of workers had signed up, the Numsa organiser approached the company to ask for recognition and other organisational rights as laid down in section 12, 13, 14 and 15 of the LRA.

“But the employer just didn’t respond,” says Numsa organiser Bhekisisa Nzimela. “When they didn’t respond, we referred a dispute in accordance with section 21 of the LRA to the CCMA. The employer never came to the dispute hearing at the CCMA.”

In terms of the LRA, workers then have a choice to refer the matter to arbitration or go on a legal strike. Despite hardships that they knew they would suffer, workers chose to go on strike for their rights.

“On November we issued the employer with 48 hours notification of a strike as required by law,” says Nzimela. Workers demanded the employer recognize their rights as per sections 12-15 of the LRA:

Trade union access to the workplace
Deduction of trade union subscriptions
The recognition of trade union representatives (shop stewards)
Leave for trade union activities eg to attend trade union training on the LRA and other important labour legislation.

Workers made it clear in their notification letter that as soon as management agreed to their demands, they would halt their strike.

Employers responded by issuing a notice of a lockout. Now workers report that management is employing scab labour to do their work.

Sections 12-15 of the LRA are fundamental towards safeguarding and improving worker rights.

It is disgraceful that 15 years into our nascent democratic regime Austro Wooding Machine Tools is violating and perpetuating the buried odious apartheid Bantu labour laws. These apartheid Bantu laws are insults to worker leaders who perished during the apartheid struggle days and whose blood is engraved in the many progressive legislative laws passed by the new ANC led-administration to restore the dignity and rights of the exploited and poverty infested workers of South Africa.

This strike forms part of the many class struggles waged by workers at the point of production for better conditions of employment and workers rights. This latest strike should not be de-linked from intra-parliamentary processes to outlaw labour brokers and the creation of decent work for all.

Issued by Numsa Head Office

1.4 FS COSATU embarks on labour broking campaign

Sam Mashinini, COSATU Provincial Secretary Free State, 11 November 2009

Since yesterday, COSATU Free State will be embarking on a Programme of Action against labour broking in the province.

This form part of the 10^th National Congress Resolution of campaigning for a decent work. We remain convinced that labour brokering remains the drivers of casualisation and drive workers wages and conditions of employment down. The lunch hour demonstrations will take place in the following areas during this week:

1. Motheo District

a) Botshabelo from 12h30 to 14h00

b) Thaba Nchu from 12h30 to 14h00

c) Brandford from 12h30 to 14h00

d) Wepenar from 12h30 to 14h00

There will be other demonstrations in the weeks to come and up until 12 December 2009

2. South Africa

2.1 Joint statement on the Alliance Summit

Patrick Craven, COSATU’s National Spokesperson, 11 November 2009

The African National Congress (ANC) and its Alliance partners, the South African Communist Party (SACP), the Congress of South African Trade Unions (COSATU), and the South African National Civic Association (SANCO) will be holding the Alliance Summit this coming weekend, Friday, the 13^th to Sunday, the 15^th November 2009 at Esselen Park, Ekurhuleni.

The summit will be attended by the ANC National Executive Committee, led by its President, Cde Jacob Zuma, the Central Committee of the SACP, led by its General Secretary, Cde Blade Nzimande, the Central Executive Committee of COSATU, led by its General Secretary, Cde Zwelinzima Vavi, and lastly, SANCO National Executive Committee, led by its President Cde Ruth Bhengu.

The ANC President, Cde Jacob Zuma, will officially open the summit and be followed by other Alliance leaders who will also make political inputs to set the tone for discussions in the summit.

The summit will discuss amongst others, South African Response to the Global Economic Crisis, National Planning Commission, Comprehensive Rural Development, education, health, energy as well as the fight against crime and corruption.

Furthermore, the summit will deal with the challenges confronting local government and discuss practical means to strengthen this sphere of government.

The summit will also review work that has been done by the various components of the Alliance in implementing its programme of action since the elections of 2009, particularly the five priority areas that are at the epicentre of the Alliance programme of action.

The summit will further deliberate on the historic and strategic nature of the existence of the Alliance and how the current conditions further demands continued strengthening and unity of the Alliance partnership.

At this juncture in our history, the alliance is the only existing political entity that is capable of completing our mission of transforming our society.

All Alliance partners views the unity of the Alliance to be paramount and sacrosanct. It is the responsibility of the ANC as the leader of the Alliance to ensure that the Alliance remains united. But equally it is also the responsibility of the leaders of the other Alliance components to keep the ANC strong so that through the Alliance programme of action, the Alliance is able to lead the country and positively contribute towards a better continent and a better world.

2.2 COSATU congratulates Best African President

Patrick Craven, COSATU’s National Spokesperson, 11 November 2009

The Congress of South African Trade Unions has congratulated, President Jacob Zuma, on being awarded the title of Best African President, at a ceremony last night. The award is an honour he richly deserves, for his part in the battle for freedom in South Africa and throughout the continent.

The federation welcomes the commitment the President made at the event, that “if we deviate or if we falter, we expect all of you – ordinary citizens, civil society, academics and the media – to sound the warning bells. Good leaders heed these warnings and respond constructively. They do not consider themselves to be above their people”.

We agree totally with him that “a true leader is guided by the needs and the collective wisdom of his or her people and that these awards should therefore not be about status or prestige. They should be about service and sacrifice.”

That is the spirit that workers and the poor find so refreshing. Comrade Zuma is a leader who consults rather than dictates. COSATU will not hesitate to take up his offer to sound warning bells if it is necessary, but will also not hesitate to praise him when his government is doing the right things.

The federation urges every other South African political leader to follow their President’s example and return to the ANC’s principles of listening to the people and putting service to society above their own self-interest.

COSATU also congratulates the other award winners – the late Afro-Pop legend Miriam Makeba who was awarded with the Great Daughter of Africa award for her artistic role in addressing the challenges faced by African during the colonial era, and the late First Lady of Nigeria, Stella Obasanjo, who was awarded Best African First Lady of the Year.

2.3 SAMA’s concern on HIV and AIDS stats

Adri van Eeden, SAMA Corporate Communications, 11 November 2009

SAMA has expressed its grave concern over the HIV and Aids statistics that was released yesterday by the Minister of Health, Dr Aaron Motsoaledi.

SAMA is in strong support of campaigns announced by the Minister of Health, aimed at encouraging people to go for testing and counselling for HIV/Aids. We also support the World Aids Day campaign on 01 December, and encourage our members and the public to participate in this important event.

SAMA has been consistent about its concern regarding the slow process on the roll-out of ARV’s. Says SAMA Chairman, Dr Norman Mabasa: “We have always been concerned on whether it is correct to wait with treatment until a person’s CD4 count has dropped to 200. We believe it might contribute to a higher mortality rate by delaying treatment. Lifting the treatment threshold of 200 to between 300 and 350 will be in line with global trends. This must apply to both public and private sector, as HIV/Aids does not discriminate. We are cognisant that this step will result in more people requiring treatment and thus there would be financial implications, and Government must be committed to it.”

SAMA again pledges its support to any campaign aimed at improving healthcare of the nation.

2.4 COSATU appreciates government’s commitment to fight HIV and Aids

Patrick Craven, COSATU’s National Spokesperson, 11 November 2009

COSATU has welcomed the commitment by Health Minister Aaron Motsoaledi to intensify the fight against HIV/Aids. We share his great concern at the shocking report that South Africa forms 0.7% of the global population, yet carries 17% of the HIV burden".

The figures confirm what the federation has for years been saying – that HIV/Aids is a massive national emergency that is destroying more lives than any invading army in history. So the minister is absolutely right to say that "we need to come out with guns blazing to fight this scourge,” and that "a war is still going to be won”.

The federation also welcomes the minister’s assurance that the government, including President Jacob Zuma, is committed to supporting HIV/Aids campaigns in its continued struggle against the virus. As he says: “We'll only win when we stand together as government... as civil society."

COSATU is already mobilising its forces to mark World Aids Day on 1 December and appreciate the President’s commitment to lead the day’s events from the front.

2.5 CEPPWAWU Calls for the inclusion of HIV drugs in CSK price cuts

Thabane Mdlalose, CEPPWAWU Deputy General Secretary, 12 November 2009

CEPPWAWU has noted with disgust that the United Kingdom based world second largest company GlaxoSmithKline (GSK) is cutting drug prices for the developing countries but not for HIV patients.

It is very disturbing that while the millions of people in the least developing countries are dying of HIV/Aids related disease as they cannot afford to buy the antiretroviral drugs, GSK decides to ignore this fact by not reducing the prices. This is a clear demonstration of arrogance by the GSK Company which its point of entry in the least developing countries is informed by the capitalist agenda whose sole interests is to maximum profits while exploiting our people.

The union strongly does not see a rational behind GSK’s plans to reduce drug prices in the least developing countries to no more than 25% of developed world prices and leave the price of HIV drugs rocketing.

CEPPWAWU therefore calls for GSK to reconsider their position and include HIV drugs on their plan to reduce these prices. Any drops in drug prices which exclude the HIV patent will not be in the best interests of the people and therefore will be rejected.

2.6 ANC YL congratulates President Zuma on being the best president in Africa

Floyd Shivambu, ANC YL Spokesperson, 11 November 2009

11 November 2009

The ANC YL has congratulated President Zuma for being selected the best President in Africa by the Kenneth Kaunda Foundation at the Africa Consciousness Media Leadership Awards. The ANC Youth League is proud of the President’s recognition because for a very long time, we have said against all odds that President Zuma is one of the greatest leaders, not only in South Africa and the African continent, but in the entire world. President Zuma’s ability to unite the nation, connect with the people, express their interest and mobilise a collective to respond to these interests is outstanding.

The ANC YL is particularly satisfied that the continent and media is finally appreciating what we have been saying for a very long time—that President Zuma is a capable leader. The award to President Zuma should serve as an inspiration for the entire government and ANC leadership collectives to improve the living conditions of our people. Whilst appreciating the fact that South Africa’s leadership is on the correct direction and worth celebrating, we ought to consistently emphasise that South Africans, particularly youth need access to quality education, decent employment, adequate healthcare, durable safety & security and sustainable access to opportunities.

ANC YL believes that under the capable leadership of President Jacob Zuma, working together with all diligent patriotic citizens, South Africa will do more.

2.7 FAWU concerned about disparities in SAB Ltd BEE transaction

Katishi Masemola, FAWU General Secretary, 11 November 2009

FAWU has welcomed the engagement process between the union and SAB Ltd management on the envisaged BEE transaction within the company, as opposed to unilateral conceptualization and implementation we have witnessed in some of the companies that have announced such deals without engaging with the union.

While welcoming this transaction as potentially truly broad-based in that about 50 000 retailers of SAB beer and soft drinks products and 9 500 SAB employees will be beneficiaries of this BEE transaction, we are concerned that the transaction will perpetuate inequalities within SAB and in society, given the spread of unit-holding of the employee share stake portion of the transaction.

FAWU do not find it acceptable for the company to use remuneration packages as the basis for the distribution of units within the employee share stake (ESOP), given the high ratio of 10:1 or more in remuneration disparities. For example, if a black manager earns R70 000 a month, they will get ten times more units for very single unit held by an employee earning R7 000 a month. In other words, if a R7 000- earning employee gets a unit of R100 000 worth of shares a R70 000 black manager will get 10 times the units with a total of R1 million worth of shares.

This, in our view, reinforces disparities of asset ownership in society and inequitable distribution of income in SAB. The net effect will be that few hundred of black managers will see elite enrichment at the expense of meaningful mass empowerment of the almost ten thousands of all employees from this transaction.

FAWU does not accept that those employees, who retire, resign or get retrenched or disabled during the ‘lock-in’ period of 10 years should be part-disqualified from fully benefiting in the transaction.

For now, the union and the company will be continuing with engagement and hopefully, these two areas, where there is no agreement yet, will see both parties finding each other. Meanwhile, the union has written letters requesting meetings with Foodcorp Pty Ltd, Pioneer Foods Ltd, KWV Ltd and Tiger Brands Ltd to discuss their BEE transactions and our concerns thereof.

3.International

3.1 SATUCC condemns the arrest of union leaders in Zimbabwe

Austin Chiyaze Muneku, SATUCC, 11 November 2009

The Southern Africa Trade Union Co-ordination Council representing 14 National Federations with a combined membership of 7 million workers in 12 SADC member states strongly condemns the arrest of trade union leaders on 8^th November 2009 in Victoria Falls town including the Lovemore Matombo president of our affiliate the Zimbabwe Congress of Trade Unions with four others Michael Kandukutu, Percy Mcijo, Dumisani Ncube and Nawu Ndlovu. This action applied under the draconian and discredited Public Order and Security Act (POSA) not only undermines the government of national unity but is a direct attack on workers and trade union rights and democracy.

This action further confirms our strong concerns and fears on the sincerity of the parties to the unity government agreement towards upholding the values of democracy and respect trade union and human rights. Just last month in October 2009 the National Association of Non Governmental Organizations in Zimbabwe (NANGO) Chief Executive Officer Cephas Zinhumwe and the National Board Chairperson Dadirai Chikwengo were arrested after the NGO Directors' Summer School held in Victoria Falls. In all instances our colleagues were merely performing their duty as mandated by their respective membership.

The use of state forces under an environment that allows them to act with impunity on the citizenry in a unity government does not inspire confidence. Rather it is a total betrayal of the trust of the SADC region and its people. SATUCC calls upon the President of Zimbabwe His Excellence Comrade Robert Mugabe to take responsibility and stop the arbitrary arrests of trade unionists and social activists. To this end we call upon the government of Zimbabwe to free all arrested trade unionists and activists unconditionally.

A gain we call on SADC and its leaders to provided true leadership on the question of Zimbabwe by taking a strong position on the Authorities in Zimbabwe. What more evidence do our leaders need to take action? The people of Zimbabwe look at you the leaders in SADC for protection of their freedom and justice. It is time SADC stood for protection of the people and not regimes. SATUC and its affiliates say no to enemies of democracy and social justice.

4. Letters

4.1 SAA and Quest exploit us

SAA employee, 11 November 2009

I'm writing this e-mail with concern. I currently work for the so called national carrier SAA in Cape Town. I am employed through a lobour broker called Quest. I want to expose both companies SAA and Quest.

I currently work at ticket Sales, Reservation and Voyager department. First of all when I applied for the position it was advertised on local newspaper in 2007 late January, there was nothing stipulated about Quest short -term contract on to the advertisement.

Everything was SAA from SAA logo to a SAA brand! When I went to the interview, my interview took place at the airport at one of the SAA big board room offices and I was interviewed by five SAA managers as penal of judges. And I believed that I earned to be working here as I went to school to study further (Travel and Tourism diploma) in order for me to get a good job and earn a great remuneration.

When I and many others signed the SAA contract nothing was brought to our attention in terms of the contract rules except that it was a fixed month to month basis. The three-month of working we were informed that we were no longer going to be under SAA but Quest. And new contract were drawn and as far as I'm concerned I never signed anything with this 'Quest' company so technically that means I'm not employed by both companies.

We are very much exploited by all means. For instance, SAA permanent staff in the department(Sales, Reservation and Voyager) that I'm working in earn approximately nothing less than 11000 and I earn about 4000 to 5000 yet we are doing the same job. It Is Not FAIR! because at ticket Sales each individual deals with money SAA has given permanent staff an extra allowance should there be money shortage one can still manage to pay it back to the company that rule is also applicable to me as well even though I earn way less and not given any allowance, of which in any case I have had money shortage twice and I had to lend it from a friend to pay it to the company.

We work more longer hours than permanent staff, we work for an Airline supposedly but yet we don't have any rebates or staff ticket to travel, we have no housing subsidy or medical aid benefits. I have been in this company for three years and yet we don't have any pension fund, we are not allowed to join union or rather threatened to not join Satawu. And this time of the year to us as contract staff we don't look forward to it due to the fact that we don't Bonus at All. We work very hard in this company and the permanent staff don't put in as much effort as we do.

One is restricted to apply for any internal vacancies within the company for growth even if you meet the criteria cause they are strictly for permanent staff only.

SAA had recently issued a free bursary to study further anything within the aviation sector and when I showed interest I was told it’s only for permanent staff, I have to literally fight for my wage when it comes to month end due to my money shortage and I calculate my hours worked.

We don't even get uniform or order them like permanents do one has to wait until there is extra uniform. Please Cosatu intervene in this matter urgently help to ban labour broker away.

It doesn’t make sense for a big company such as SAA to recruit through labour brokers there are wonderful airline abroad that recruit with great benefits like Emirates in Dubai and Qatar in Doha just to name a few, but won't apply cause I'm very proud to be in this country I wouldn’t dream of leaving.

4.2 Ban labour brokers

Sello Nkwana, 11 November 2009

The issue of labour broking is huge and needs the majority of South Africans to vote for it so that we do not blame an individual tomorrow. Those who are saying our country is going to loose in taxes are lying because the very same people who are running those labour broking are going to be absorbed by the market and the country will get more money in taxes than what we get at the moment. The problem is, we always listen to the so called economic expert (capitalist who benefits from this).

Lot of our people are going to get permanent jobs instead of being ill treated and when they fight back the job is finished. It is very painful to work for someone who wake up and go and play golf and when its month end they take time to pay employees because their interest come first. Sometimes other employees get salaries after five days of month end where by they can't pay their accounts in time. As you know late payment is charged and the very same capitalist gain from those charges again. Our people are going to suffer for long and crime will never end in this country if other people continue being greedy like this.

So, tell me who is going to protect our ordinary South Africans if we allow the capitalist to continue like this. If we do not stop this our country is going to loose more money on grants instead of providing quality jobs where by people afford to pay for services. This has created serious dependency on government you can imagine what is going to happen in ten years time. What is happening government built houses for people, pay services for same people, give grants to same people so what is our government saying about this. Enough is enough let us stop being fooled by this capitalists. Let South Africans decide on this issue not minority.

The very same economic experts are complaining about consumers not spending because their pocket are getting empty. The economy is struggling because of greedy people in our country. There is no flow of money and money goes to one side (capitalist invest outside our country). When they fail to gain consumers must pay for the problems they did not create (but created by criminals called economist).

It cannot be Mandela alone who stand for the right of the people let us all continue to fight for the right of our workers.

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