COSATU Today, Monday 7 December 2009

COSATU has decided to act as Amicus Curiae (Friend of the Court) in the class action lawsuit being brought against South African firms who collaborated with the apartheid regime in a District Court in the USA on 6 January 2010.

The decision rests on the belief that the apartheid system was based on the white South African minority striving to secure a cheap and pliant workforce to reap the benefits of the country’s vast natural resources, in particular its mineral wealth. Our members were thus among the worst affected, and our organisations were at the forefront of the anti-apartheid movement.

COSATU therefore fully support the position taken by the Government of South Africa in its letter of 1 September 2009 and we believe that this litigation is an important part of the rebuilding of South Africa, particularly given the failure of the corporate entities being charged to participate in the Truth and Reconciliation process. Their responsibility of the defendants for their conduct during the apartheid era has never been fully accounted for, and their liability has never been discharged by any reconciliation process.

Yet, as our members experienced first-hand, certain multinational corporations actively collaborated with the apartheid government and aided and abetted its abhorrent crimes. The customised administrative and technological assistance provided by multinational enterprises facilitated the commission of the regime’s crimes, which could not have occurred without the provision of data-collection and procession systems, crowd-control hardware and vehicles, which were designed and maintained to meet the regime’s repressive needs.

Injured victims should be able to pursue redress for the complicity of such entities in the specific crimes listed in the amended complaints.

The histories of apartheid and SA labour relations are inextricably intertwined. The need for a cheap and pliant labour force led to many of the crimes which underlie this litigation. The laws and institutions of apartheid systematically removed all workplace and constitutional protection from the black labour force.

The pass laws deprived any pass-carrying person from being an ‘employee’ and deprived them of any protections and labour rights. The Group Areas Act, the institution of the Bantustans and influx control rendered black South Africans as immigrants in their own country. This was slavery in all but name.

The Suppression of Communism Act and anti-terrorism laws permitted the regime’s security forces to systematically target trade union and workplace leaders. Such activists at the forefront of the liberation struggle were among the most endangered members of the black population during apartheid.

Having been deprived of rights and/or labelled as communists or terrorist, black workers and their leaders were subjected to the full force of abuse by the security forces. Extrajudicial killings, unlawful detention, torture and other forms of cruel treatment were routinely used to suppress black workers opposed to apartheid.

But despite the regime’s efforts, black workers and their unions were instrumental in ending apartheid. They have also been instrumental in rebuilding the country in collaboration with the government – as evidenced by the role played by COSATU members in post-apartheid governance, and with employers through collective bargaining.

We do not find any credible evidence that this litigation will harm investment in South Africa. During the apartheid years there was international consensus that the apartheid regime was a gross violator of international human rights, as shown in numerous UN statements and declarations condemning the regime.

Today, on the contrary, it is accepted that South Africa is a model post-conflict society and an example to Africa and the world. No legitimate company will be deterred from investing in the country today for fear of legal accountability for unlawful conduct.

Therefore the amicus is urging the court to give weight to the South African government’s position, to uphold the District court’s decision to permit this litigation to continue.

1.2 SADTU supports quality learning and teaching campaign

Nomusa Cembi, SADTU’s Media Officer, 6 December 2009

SADTU has reiterated its support for the Quality Learning and Teaching Campaign (QLTC) which calls on teachers - to be on time, on task, well-prepared and professionally behaved.

This was one of many decisions taken at the meeting of its National Executive Committee (NEC) at its Matthew Goniwe House headquarters in Johannesburg.

However, the NEC also called on the Department to commit itself to the Campaign by making temporary teachers permanent, and filling posts timeously; change post provisioning norms to ensure manageable class sizes; and to provide adequate infrastructure needed for a conducive atmosphere for learning and teaching.

As part of the Campaign, SADTU branches will undertake an audit of schools in their areas and identify schools that need assistance in order to find them support and necessary interventions.

The NEC also welcomed the launch of the Laptop Initiative to take place on the 11^th of December at the Education Labour Relations Council (ELRC). The NEC hailed the Laptop Initiative as a major achievement for the Union. “Our teachers will now receive subsidised laptops which have far reaching implications towards improving the quality of education. Our teachers will be able to access relevant information for teaching and learning, as well as for their own professional development via the internet,” read the NEC statement.

Other decisions taken at the NEC included:

· The establishment of a SADTU Institute for teacher professional development.

· Adoption of a political education programme at every level of the organization. The union will deliver the curriculum via the website; also using trained facilitators.

· Employ a parliamentary officer to ensure that the union is able to comment on and contribute to policies and legislation affecting education and our members

· SADTU rejects attacks by the media and certain sections of political leadership against trade unions including SADTU. SADTU is being used as a scapegoat for failures in the education system.

· Call for a moratorium on planned retrenchments in the FET sector. The NEC resolved to meet with the Minister of Higher Education and Training to pursue this matter. The NEC also called on the Department to make available the norms and standards for the funding of this sector.

1.3 Lines of authority blur as Mayoral Committee gets involved in Middelburg Municipality

Tahir Sema. SAMWU’s National Media and Publicity officer, 4 December 2009.

On the 19^TH of November 2009, five members from the Fire and Rescue Services in Middelburg Mpumalanga province were arrested during the night for allegedly victimizing a fellow employee during a strike. They were sent to the Middelburg cells after their 22H00 shift. One of the members is a shop steward for that constituency. This was clearly a calculated move to frustrate the comrades as they were denied bail.

When asked why they could not release these members on bail, Superintendent Scheepers said that these were the direct orders of the Mayor. We were shocked to learn that the Mayor’s authority extended to the SAPS as well. On the 20^TH of November SAMWU managed to secure free bail for the members and they will appear on the 14^TH of December in the Middelburg Magistrate Court.

Lines of authority seem to be blurred in this Municipality because members of the mayoral committee (MMC’s) seem to be involved in the day-to-day running of the administration of the Municipality. One MMC currently occupies two portfolios (Finance and Human Resources) even though by-elections were held to replace the Councillors who resigned and/or passed away.

The local members of SAMWU were left to wonder if it was in fact a coincident that the same MMC’s son is employed in the Finance department. The MMC’s son is employed as a temporary worker(senior clerk expenditure) but we understand that he will be made permanent “soon” because he went around telling everyone that he did well in the interviews since he lead the closest candidate by one point. Again, we were left to wonder how such privileged information ended up in his possession? It comes as no wonder that the local shop stewards want to be part of the selection committee during the hiring process.

What is disappointing is that all these anomalies were raised during the Ministerial Task Team that was setup to investigate bad corporate governance. However, the Mpumalanga MEC for co-operative governance and traditional affairs is yet to table his findings before all the stake holders.

We hope that all those who have been identified in the report to the Ministerial Task Team will be investigated and charged.

2. South Africa

2.1 SAFPU upbeat about 2010 draw

Elvis Sekgobela, SAFPU, 4 December 2009

South African Football Players Union [SAFPU] is very much happy with the 2010 FIFA World Cup draw which was conducted in Cape Town tonight.

Although it is a tough group for Bafana Bafana, we are confident that we can do well against the likes of France, Mexico and Uruguay.

It is also our view that, our players must play the best and beat the best teams in the world to reach the knock-out stages of the tournament.

As SAFPU, we are confident that Bafana Bafana will surprise many people and qualify for the Semi-Finals of the World Cup.

Lastly,we would like to appeal to all the clubs and the South African public to support our national team as we prepare for the tournament.

2.2 ANC pays tribute to Curtis Kondo

Dumisa Ntuli, ANC, 4 December 2009

The ANC Gauteng regret to inform comrades, friends and South Africans of the death of Comrade Curtis Kondo, who died on Thursday 03 December 2009 after being hospitalized for a short period. The ANC pays special tribute to the passing on of Comrade Curtis Kondo. A comrade of integrity and loyalty.

Comrade Curtis Nkondo was born to political life on 1^st February 1928in Louis Trichardt. He was married with three sons and two legally adopted grandchildren.

He completed his high school Diploma in 1952 and was a high school teacher and subsequently appointed the Headmaster at Lamula High School in Meadowlands. He was elected the Chairperson of the Soweto Teachers Action Committee and later suspended from teaching by the apartheid education department. In 1983 he was elected the Vice-President of the United Democratic Front in Cape Town. In 1985, he was elected Chairperson of the Release Mandela Campaign and became President of the National Education Union of South Africa (NEUSA). After the first democratic elections in 1994 , he became the member of the Gauteng Provincial Legislature and served on various trust such as the Association Against Woman and Child Abuse and Etwatwa Community Trust. Currently, he served on many trust and committees such as the Soweto Education Co-ordinating Committee and ANC Gauteng Disciplinary Committee.

He was an outstanding stalwart of the struggle who played a catalytic role in raising the confidence and consciousness of the 1976 generation to stand up and fight against oppression. He was an influential leader and icon in the people‘s organizations in the 70’s and 80’s, public representative and ambassador. An important part of his contribution was popularizing and mobilizing tirelessly for the teachers struggle. To made it possible to build up for the broad mass revolutionary struggle to squash apartheid.

His skill of persuasion was insurmountable and this was demonstrated during the 70’s when he was deliberately send to sway AZAPO to join the ANC. He was a fierce opponent of disunity within the progressive organizations in South Africa. He never sold out the revolution. He worked to engage in struggle to enhance the ideals of the freedom charter. He was a frank and transparent debator. He was one of the leaders who took seriously the views of ordinary people. He was always clear to his political allegiance and took pride in putting people first. He belonged to many progressive organizations, he even took leadership in so called “liberal organization”. In his nature, comrade Curtis was a true non- racialist. He has never lost his optimism and confidence that the ANC will lead the people towards a non-racial and non-sexist South Africa.

His death leaves a large gap in the ANC ranks. The democratic South Africa owe it to his memory and his lifelong struggle to intensify our activities in every area of life, to end poverty and unemployment. The importance of what he did continues to resound and shape the new democratic order under the ANC.

We convey our deepest sympathy to his family, comrades and friends. We salute with the ANC banner that his memories, love for politics will be with us forever. He will be long remembered for his wit , humour and kindness.

2.3 TAC commends President Zuma for his leadership on HIV

TAC, 4 December 2009

Following on other important speeches in recent months, President Zuma’s World AIDS Day address reaffirmed government’s new-found commitment to fighting HIV/AIDS in an open, serious, and evidence-based manner. TAC welcomes the president’s call for people to get tested and his public admission of having taken HIV tests himself.

Some key changes announced by the president include:

1) Providing ART to all people co-infected with TB/HIV at a CD4-count of 350.

While we welcome the decision to initiate treatment for all people co-infected with HIV and TB with a CD4 count of 350 cells/mm3 or lower, TAC will continue to campaign for the provision of treatment to all HIV-positive people with a CD4 count of 350 cells/mm3 or lower irrespective of their TB status. This is in accordance with World Health Organisation recommendations.

2) Providing all infants under 12 months with antiretroviral treatment (ART)

TAC welcomes the changes made to the paediatric treatment guidelines. Following the compelling findings of the Children with HIV Early Treatment study, TAC has been campaigning for the provision of antiretroviral treatment for all infants under one year of age.

3) Providing pregnant women with CD4 counts above 350 with prevention of mother-to-child treatment from 14 weeks.

The changes to the PMTCT regimen indicate government's commitment to eradicating new paediatric infections. However, in addition to improving the prenatal regimen, policy improvements are also needed for postpartum vertical transmission. Various options are possible here which TAC will address in more detail in a PMTCT briefing that we will release early in 2010.

While we welcome the new guidelines, they do not address the urgent need to update the current first-line treatment regimen. TAC will continue to campaign to have tenofovir-based three-in-one once-daily pills introduced as part of the standard first-line regimen by July 2010.

As the new guidelines are implemented in facilities across the country it is critical to improve the monitoring and evaluation of both the HAART and PMTCT programmes. At a minimum we must aim for complete quarterly district-level information on the numbers of people initiated on these programmes, median baseline CD4 count, median change in CD4 count, number of people lost-to-follow-up, number of deaths and number of children born to HIV-positive women who have been tested.

President Zuma will face challenges ahead to ensure that these are not just changes to policy but are implemented in all facilities across the country. We call on government to strengthen health systems to implement the improved treatment guidelines.

TAC is committed to working with government to address capacity constraints to improve the response to HIV. TAC further supports government’s call for all South Africans to take responsibility for their own health and get tested and access treatment for HIV. Knowing your status will allow you to make informed decisions to protect your own health, the health of your sexual partner and the health of your baby.

2.4 Competition Commission refers findings of mesh wire cartel to Tribunal

Keitumetse Letebele, Competition Commission’s HOD: Communications, 4 December 2009

The Competition Commission has referred its findings of a price fixing and market allocation cartel in the manufacturing and supply of reinforcing mesh products market involving Aveng (Africa) Limited (trading as Steeldale Mesh), Capital Africa Steel (Pty) Ltd (trading as Reinforcing & Mesh Solutions) and Vulcania Reinforcing (Pty) Ltd (“Vulcania”) and BRC Mesh Reinforcing (Pty) Ltd (“BRC”), a subsidiary of Murray and Roberts Steel Group, to the Tribunal for adjudication.

The Commission initiated an investigation into this cartel activity following information received from a leniency application by Murray and Roberts Steel (Pty) Ltd on behalf of its subsidiary, BRC, on 26 September 2008. In the application Murray and Roberts admitted to participating in the cartel and was granted conditional immunity from prosecution provided that it cooperates with the Commission in the investigation and prosecution of the cartel. The Commission has asked the Tribunal to impose an administrative penalty of 10% on each of the firms involved, except Murray and Roberts who has been granted conditional immunity.

In its investigation the Commission found that the respondents contravened the Competition Act in the period between 2001 and 2008 by engaging in price-fixing and market allocation. This was done through monthly formal meetings under the auspices of South African Fabric Reinforcing Association (“SAFRA”). After the respondents were advised that their conduct was a contravention of the law the formal meetings were largely replaced by informal meetings which were held in restaurants, golf courses and pubs.

In these meetings the four respondents agreed to fix the selling price and discounts for reinforcing mesh products, and to not sell to or target each other’s customers.

All of the respondents compete in the reinforcing mesh market. They are also suppliers and manufacturers of products such as hard drawn wire, welded steel mesh for construction reinforcing and related products; fencing products and other wire related products.

2.5 SACP mourns the death of Curtis Nkondo

Malesela Maleka, SACP Spokesperson, 4 December 2009

The South African Communist Party joins thousands of South Africans in mourning the death on Thursday, 3 December 2009 of comrade Curtis Nkondo, a life-long revolutionary and champion of democracy, justice and equality in our country.

Nkondo, who died in Johannesburg at the age of 81 after a long illness, was an activist throughout his life, both in the struggle to end apartheid and, after 1994 in the struggle for a better life for all South Africans. At various times he was active in the ANC, Cosatu and the SACP.

A passionate educationist who taught English and Geography for 20 decades until banned from entering school premises by “Bantu Education” authorities, Cde Nkondo was headmaster of Lamula High in Meadowlands when student resistance to apartheid erupted in 1976. He chaired the Soweto Teachers’ Action Committee established to support protesting students until his detention by apartheid police in November 1977.

On his release following nearly a year in detention – much of it in solitary confinement – he was elected president of the Azanian People’s Organisation (Azapo), but suspended three months later by elements opposed to his explicit pro-ANC views. He nevertheless assisted in the establishment of the Azanian Students’ Organisation (Azaso) – in which both his sons were active members – and contributed to its pro-ANC stance.

With resistance of apartheid growing steadily, he was detained in 1980 and subject to vicious torture before his release and banning apartheid authorities.

Despite this, he chaired the Release Mandela Campaign from 1980, and was elected president of the newly-formed National Education Union of South Africa (Neusa) –a decade later, he was instrumental in merging Neusa with other teachers’ unions to form the South Africa Democratic Teachers’ Union (Sadtu), of which he was elected vice-president and a lifetime honorary member.

He played a central role in the formation of the United Democratic Front (UDF) in 1983 and served as its Transvaal vice-president.

A year later he and 15 other UDF leaders were detained and, after several months, charged with high treason. The prospection collapsed and all charges were withdrawn in late 1985.

He went into hiding when the apartheid government imposed a nationwide state of emergency in 1986, and remained active but working underground until the end of the emergency in 1987.

He continued to campaign against apartheid, both at home and internationally, throughout the 1980s.

With the lifting of the ban on the ANC and SACP in 1990, he served on the ANC’s Education Desk until elected to the Gauteng Provincial Legislature in the country’s first democratic election in 1994.

His active commitment to ending apartheid and to decent, equal education was recognised by the Gauteng Department of Education in 1999 and by the Soweto Education Summit a year later, both of which conferred awards on him.

From 2000 to 2004 he served as South African High Commissioner (ambassador) to Namibia.

Although he formally retired in 2004, he remained politically active (serving, among other things, as a member of the provincial disciplinary committee of the ANC) and was active in NGOs and parastatal organisations, with a strong focus on his great passion – education, and particularly English tuition – and against the abuse of women and children.

In the past two years the damage wrought by apartheid torture caught up with him and he was hospitalised repeatedly.

He remained an energetic commentator on South African political life and a committed Marxist-Leninist until his death on Thursday.

He lived his life as a committed and disciplined democratic activist and serves as a role model to all who are committed to liberty and justice.

He is survived by his wife, Rose and his three sons, Reavell (Ricky), Ruskin and Ephraim.

The South African Communists salutes Curtis Nkondo, a life-long democrat and revolutionary, a hero of our country’s democratic struggle, and a champion of decent, equal education for all.

3. International

3.1 SAHRC errs in hate speech ruling against COSATU’s Bongani Masuku

Palestine Solidarity Committee and the Congress of South African Trade Unions, 4 December 2009

COSATU and the Palestine Solidarity Movement in South Africa are shocked and appalled by the decision of the South African Human Rights Commission (SAHRC), which found that COSATU’s International Relations Secretary, Bongani Masuku, is guilty of hate speech and called on him to apologise to the South African Jewish Board of Deputies (SAJBD).

In a submission to the SAHRC, the SAJBD had accused Bongani of hate speech for comments he made during a lecture at the University of the Witwatersrand, hosted by the Palestine Solidarity Committee and the Young Communist League, as well as comments he had made on a Zionist blog and in a personal email to a Zionist detractor.

As Bongani’s response (see below for full text) to the SAJBD complaint illustrates, none of his comments can be regarded as hate speech in terms of the South African Constitution. Furthermore, his comments, in the main, referred to South Africans who supported the illegal Israeli military occupation – irrespective of their religious or ethnic backgrounds.

These comments were certainly a trenchant critique of Israel and its apologists and supporters in South Africa, but were not directed at the Jewish community or any other ethnic group.

Section 16 of the South African Constitution, the section on Freedom of Expression, states:

(1) Everyone has the right to freedom of expression, which includes-

§ freedom of the press and other media;

§ freedom to receive or impart information or ideas;

§ freedom of artistic creativity; and

§ academic freedom and freedom of scientific research.

(2) The right in subsection (1) does not extend to-

§ propaganda for war;

§ incitement of imminent violence; or

§ advocacy of hatred that is based on race, ethnicity, gender or

§ religion, and that constitutes incitement to cause harm.

None of Bongani’s statements can be regarded as being ‘advocacy of hatred’ based on ‘race, ethnicity, gender or religion’. He did not refer to Jews, as is being alleged. The gleeful and smug comment by the SAJBD, following the SAHRC decision, is simply untrue. Their claim that Bongani’s comments ‘advocate and imply that the Jewish and Israeli community are to be despised, scorned, ridiculed and thus subjecting them to ill-treatment on the basis of their religious affiliation’ is a pack of lies.

It is through such lies and intimidation that the SAJBD, the South African Zionist Federation, and other apologists of Israel have sought to chill free expression in South Africa and to prevent any critique of Israeli war crimes. Their repeated accusations of ‘hate speech’ against criticisms of Israel have become wasteful of public resources, and trivialise the very serious charge of ‘hate speech’.

Furthermore, their constant, frivolous, and false accusations of ‘anti-Semitism’ against critics of the state of Israel and the calumny of ‘self-hating Jews’ against those Jews who support the just struggle of the Palestinian people against racism and oppression is an attempt to silence and intimidate those who, using their own experience of racism and oppression in Apartheid South Africa, feel they can contribute to a just resolution of the problems in the Middle East.

Indeed, we believe that SAJBD’s statement during the Gaza massacre of December 2008-January 2009, wherein it defended all Israeli actions in that massacre – including the use of white phosphorous against civilians, the bombing of United Nations buildings, the murder of civilians, the bombing of civilian infrastructure such as schools, hospitals and places of worship – violates Section 16 of the Constitution in attempting to incite South Africans (especially South African Jews) to violence against Palestinians, and in being clear and obvious propaganda for war.

We are shocked that the SAHRC, after receiving a written complaint and a written response to that complaint, saw fit to make such a finding – with the potential weighty precedent that it can set – without even entertaining a hearing on this matter. We do not believe this constitutes due process and believe it to be unprocedural in terms of the manner in which the Commission should operate and in terms of its mandate to ensure the realisation of Constitutional rights – including the right to free expression. We are also surprised that the Commission made such a decision which blatantly contradicts previous rulings it has made on similar issues.

Bongani, with the support of COSATU and various solidarity organisations in South Africa, will study the SAHRC ruling and decide whether there are grounds for an appeal. We shall defend Bongani’s right to free expression – as guaranteed by our Constitution – in the Equality Court and in any other court in South Africa.

COSATU also condemns attempts to silence Comrade Bongani Masuku, who is attending a Palestine Solidarity Conference in London to take forward the Boycott, Divestment, and Sanctions (BDS) campaign. Pro-Israeli elements are trying to get his invitation withdrawn, on the basis of the SAHRC ruling, which was issued the day before the event started.

COSATU is consulting its lawyers on the SAHRC ruling and how it can be dealt with.

Mluleki Mntungwa (Communications Officer)

COSATU ICT Unit

1-5 Leyds Cnr Biccard Street

Braamfontein

2007

P.O.Box 1019

Johannesburg

2000

South Africa

Tel: +27 11 339-4911/24

Fax: +27 11 339-5080/6940

E-Mail: mlu...@cosatu.org.za

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