1 the Shopsteward The official publication of the Congress of South African Trade Unions

Volume 28.4 • COSATU News Bulletin • October/November 2019

SOUTH AFRICAN www.cosatu.org.za NATIONALwww.cosatu.org.za HEALTHOct/Nov INSURANCE 2019 ∙ The Shopsteward 2 Editorial Note

E d ito rs n ote

and DFIs should be proved time and again that it is it not the us that all of this cannot be left at the about building the solution to our economic challenges. hands of the market. This dire economic Developmental State South Africa’s economic challenges situation calls for a strong, visionary in a manner that call for bold measures of transformation and decisive leadership. We need an encompasses them as and not in marginal programmes and alternative development strategy, which part of a wider public projects. Foreign Direct Investment can take various forms, ranging from sector that integrally (FDI) is not a panacea and sometimes auto-centric development to socialist and seamlessly works worsens the situation by encouraging development paths. with the public external dependency and stifles economic All reports show poverty trends in service. SOEs and transformation. The president is doing a South Africa confirm our fears that the Development Finance commendable job in attracting FDI but socio-economic status of the majority Institutions should he needs to do more to transform the in South Africa is deteriorating whilst be properly aligned local economy so that those who are on few people are getting richer due to and reoriented in the periphery can be brought into the economic policies that favour the rich. terms of the planned mainstream economy. All the figures When applying the food poverty line, investment targets and statistics show us that the neoliberal which is the rand value below which Bheki Ntshalintshali and development policies based on “market forces” and individuals are unable to buy food for objectives. We cannot international competitiveness are not adequate health. Editor in Chief and we should not going to solve our economic problems. worship our SOEs but These policies have seen more and About 14 million people that are we should understand more people sliding into poverty in this extremely food poor and unable that they are a weapon country. to obtain enough food to provide to help improve them with sufficient diet for healthy his copy of our Shopsteward comes people’s lives. As COSATU, we are ready to provide development. These figures should not out at a time when the debate The latest job figures and economic the necessary leadership and work with come as surprise as 17 million people are around the economy is intensifying projections paint a dire picture of the other stakeholders to engage and explore depended on social grants. because of increasing poverty pending gloom and also suggest that bold solutions that will help this country Poverty is a product of wrong economic tlevels. In all of the noise and commotion, in the coming months more and more chart a new developmental path. The policies and is not natural. South Africa we want to recall from the grave the wise people will be plunged into poverty. The key to finding a solution is for everyone is endowed with minerals, which are words of Amilcar Cabral, when he said; economy continues to be bogged down to leave their bunkers and collectively in demand in the world’s automotive “Always bear in mind that the people are in a crisis that has persisted over the last participate to a process of finding a medical construction electrical, energy not fighting for ideas, for the things in ten years. uniquely South African developmental industries, land, skills, and ability to anyone's head. They are fighting to win path that will both comprehend and manufacture high technology products material benefits, to live better and in This is very alarming considering address the legacy of our evil past. such as a rooivalk helicopter. It is a scandal peace, to see their lives go forward, to that of the 36 million people in the and unacceptable that we have highest guarantee the future of their children” . working-age population, 29.1% are Our approach is informed by Deng poverty levels and unemployment. officially unemployed according to the Xiaoping who said: “No matter if it is a There has been a lot of noise regarding latest Quarterly Labour Survey. This is white cat or a black cat; as long as it can catch South Africans are poor not because our position on State Owned Entities. calamitous for the country because it mice, it is a good cat." SA is poor but because firstly of The reality is that we continue to reject means millions of young people will be We need an economic developmental inherited colonial apartheid laws which privatisation that takes the resources dependent on the state for their well- model that will dismantle the current sought to deprive black Africans of their of the country out of the hands of the being and that of their families. colonial and apartheid economic and main source of living which is land and people. SOEs should be fixed so that It is therefore bizarre to see that there social policy paradigm and that is to entrench a docile weak cheap labour they strengthen the capacity of the are attempts by government to weaken unsustainable. We need an economic for the SA mining sector and secondly state and not become a burden on the the capacity of the state through public trajectory that will ensure that there is a the apartheid economic policies that state. Their role is to help the people service retrenchments and possible. proper redistribution of income and that have been adopted by the democratic and not take money from the people. This is either a sign that government is more people are allowed to participate government. Since 1994, the government They need to help drive government’s in denial about the extent of the crisis in the economy. The Polokwane on the advice of colonial institutions developmental agenda and central to or it has run out of ideas. The National resolutions called for “an effective such as the World Bank and IMF has this is the provision of affordable, good Treasury remains rooted in the neo- strategy of redistribution that builds a focused on supply side economics or quality services to all South Africans. liberal capitalist trajectory of the late new and more equitable growth path”. trickle down economic policies which The discussions around the SOEs 19th century. This unfortunately has The last two decades have shown promoted reduction and elimination

editor IN CHIEF: Bheki Ntshalintshali editor: Norman Mampane layout & design: Nthabiseng Makhajane editorial board: Bheki Ntshalintshali, Zakhele Cele, Norman Mampane, Sizwe Pamla, Nthabiseng Makhajane subscription & distribution: : Nthabiseng Makhajane printers: Shereno Printers advertising sales: Nthabiseng Makhajane Tel: +27 (0)10 219 1341 Fax: 086 481 6163 Email: [email protected]/Nov 2019 ∙ The110 JorissenShopsteward & Simmonds Street , Braamfontein, 2001 PO Box 1019, Johannesburg 2000www. cosatu.org.za www.cosatu.org.za Tel: +27 (0)11 339 4911 Fax: +27 (0)11 339 5080/6940 www.cosatu.org.za © Copyright 2009. All rights reserved. Editorial Note 3

of taxes on business transactions, and executive of R20 million per annum. and technology. Therefore, it is not means that we must urgently revisit our taxes on individuals and companies, Therefore, the poverty is the result of the surprising that black Africans constitute employment equity laws and BEE laws reduction in wages and right to hire and lack of distribution of income and wealth 90% of the poor. This is very disappointing to re-define and establish a hierarchy of fire, subsidies to private monopolies in than for any other reason. If 9.3 million because black Africans constitute 80% historically disadvantaged persons and the form of tax credits and tax breaks and are without jobs noting that this is a of the population and the inability of economically marginalised to ensure that privatisation of profitable state owned conservative figure the actual numbers government to liberate them from pro the beneficiaries are firstly blacks and companies such as Telkom to the private are higher because of short term work, corporate monopoly capital democracy coloured and then others. Current policies individuals.The major policy failure was this high unemployment rate means is a danger to democracy. Between 2011 have clearly benefited white women and to allow free movement of capital that that many South Africans do not have and 2015 the percentage of black Africans Indians /Asians and have entrenched the entailed allowing SA companies to take purchasing power to drive the economy. and coloureds living in extreme poverty apartheid colour bar rule in the workplace profits produced by SA labour from the increased from 43.4% to 47.7% for blacks whereby firstly white women are given Republic to other countries and taking Whilst a trade union traditionally and for coloureds from 20.2% to 23.3% training and promotion opportunities away the government’s power regulate should only use class as a tool of analysis and regardless of sex, black Africans followed by Indians. export of capital and to limit imports. in SA it is an inescapable fact that the have always had high numbers of people victims of colonialism and apartheid living in extreme poverty. Contrarily, the This is the last edition of Shopsteward The World Bank describes SA as an are black Africans not because blacks percentage of poor Indians and Asians and we wish all of our readers happy upper middle income country because do not like to work and run successful decreased from 2.9% in 2011 to 1.2% holidays and a safe festive season. We of per capita income. However, this businesses but because of 400 years of in 2015 in 2015 and for poor whites need to spend wisely this festive season figure hides the fact that more than laws that were meant to ensure that they decreased from 0.5% to 0.4%. and relax and recharge so that we can 50% of the workforce earns less than remain docile cheap labour with no right start the new years with vigour to fix what R4000 per month and social grants are to run businesses. When the black labour Black Africans and coloureds require is wrong with the country. minimal ranging between R360 and revolted against repressive laws in 1973, more intervention from the state to help R1600. This should be contrasted with the gold mining industry responded by them move out of poverty compared Happy Holidays to everyone! average monthly salary of a big company cutting jobs and introducing more capital to white and Indians/Asians. This

Word from the Editor

Norman Mampane - Editor

Don't forget class struggle! consciousness and social the death of comrade Kaizer people across all sectors of On International issues s 2019 comes to an participation by the masses, in Lungisa Madiba! All workers the economy. We comment We call on all countries to ratify end, the working the process creating conditions in their own workplace must COSATU Gauteng for launching the adopted International Labour class must take stock for the fullest development of campaign for health and safety the inugural Organization Convention 190 of the gains achieved the productive forces...' labour standards. And that law Memorial Games and hoping to eradicate workplace violence Ain the period under review and enforcement agencies must that all provinces and COSATU and sexual harassment at the what were the setbacks. Workers must continue to make sure every citizen feel safe! Locals will embrace such workplace.The Future of Work unite with communities to fight promotion of our fallen heroes will be nonexistent if women COSATU must comment against gender based violence Xenophobic attacks must be and heroines such as Violet continue to be paid poverty workers for fighting for better and femicide! In this edition, exposed and the only solution Seboni, Alina Rantsoalase, Chris wages as compared to men doing wages and other conditions we continue to reprioritize to be fully explored by organized Dlamini and countless others, the same work. within their progressive trade empowerment of newly elected labour is to educate workers for their candid contributions to unions but also defy those shopstewards to building the and their families about labour our liberation. Equal pay for work of equal whose intentions are clear; organization on the ground to migration policies and empower value must be taken as part and weaken the organizations on the deepen class consciousness and them that migrants ate workers We cover the need to fight to parcel of gender struggles at the ground, encourage splits and promote the unity and cohesion too! end hunger and promote food workplace and also in society. divide worker's voice to unite of progressive forces as part of security. And Brittany Kesselman COSATU acknowledges all against exploitative tendencies Going Back to Basics. We congratulates all elected unpacks the traditional food elected CEC members in various in the modern democratic state. Shopstewards and national office racism.COSATU has welcomed international federations and we We must extend special This year has been a sad bearers in various trade unions the noble political will by wish them well as they advance recognition to SASBO for season as many lives were such as PAWUSA, POPCRU, government to fastback the social justice in global trade defying employers to retrench lost in the line of duty. SADTU, SACTWU and also implementation of the National union's politics. workers! Mao argued that 'the The worst case scenario was the all young workers structures Health Insurance and exposes most important task was(is now) continued assassinations around ushered with a responsibility why many supports the calls for It is not yet Uhuru! the development of ideological the platinum belt. We mourn to organize all young workimg a universal healthcare for all.

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 4 Worker Issues

SADTU holds a successful National Congress at Nasrec

he South African Democratic time discussing the environment in which • Building a democratic, developmental lines and enhance the spirit of ‘an injury to Teachers’ Union (SADTU) convened educators find themselves in. There is no state that serves the needs of the people one is an injury to all’. its 9thNational Congress at NASREC doubt in everyone’s mind that a society and has capacity to build social cohesion He called on education workers to Conference Centre in Johannesburg without educators would be a lost society. and empower the most vulnerable. The support vulnerable workers in every sector tfrom 25 – 28 September, 2019 under the Every life starts with a teacher from the state must have capacity to fight and of the economy and the banking workers, Theme ‘Claiming Our Right to have Our early childhood development and through defeat corruption, parasitism, private who are facing retrenchments due to Human Dignity and Safety Protected and our living journey there has to someone sector collusion in price fixing, monopoly automation and digitization. Respected in Pursuit of a Decolonised imparting knowledge to the society. If dominance in the economy, racism and Even more critical for all of us as workers, Quality Public Education’. that is a case why then teachers are not sexism, abuse of power and a culture of activists and members of the federation is celebrate and recognised for the critical quality public service. our tradition of responding to issues that ‘The National Congress is the supreme almost prerequisite for anyone to succeed? • Fighting against state capture, corruption affect workers and society as a whole. We governing body of the Union. It meets at Many working parents leave their kids at and looting of public resources. This have time to do analysis, but the result least once in five years to among others, the hands of teachers even at early stages. campaign is very important in all aspects must be to make things happen. The CEC elect new leadership, adopts policies by Educators teach them to speak, to eat, and facets of our society. We must reject has prioritised the following campaign areas means of resolutions.’ Addressing SADTU to learn etc. teachers produce lawyers, the assumption that corruption is normal for action; National Congress delegates, COSATU doctors, engineers, scientists, ministers and and here to stay, not only in public, but General Secretary Bheki Ntshalintshali presidents. Why then the society does not even with vigour too, in the private and He said ‘That’s why the CEC adopted expressed a view that ‘We must first do the recognise this? Why when one educator as community spaces. But it also requires a a clear call for a Section 77 Strike action honourable thing, by expressing our sincere a member of the society does something fundamental shift in ethics, outlook and against retrenchments and for the overall gratitude to SADTU, our effective affiliate wrong, all teachers are painted with that character development. transformation of the sector to make whose remarkable contribution to building brush?’ • We are fighting against all and any form a lasting contribution to creating jobs, COSATU is outstanding and a source of of inequality, discrimination and abuse fighting poverty and developing our inspiration to us. On tackling the Economic Crisis! against the most vulnerable in our country.’ ‘We are also actively mobilising Ntshalintshali said ‘the crisis we face do society, particularly women and children. for the scrapping of the parasitic IPPs, in We are registering this appreciation not mean we must lament about them, • We are building the true and substantive which case the CEC further resolved to use because the evidence of such a contribution but directly confront them in order to unity of workers in action by decisively the Section 77 and to engage our lawyers could be traced to your efforts in assisting rejuvenate the confidence of workers to get representing and articulating their most regarding a legal opinion on the agreement other Cosatu affiliates both in terms of back their organised power and rights. And profound aspirations and interests, signed by government. human and financial resources. But such the following fundamentals are important our campaigns are about workers and contributions have been extended to our elements of our programme; united action for workers freedom from This must never be confused with our Alliance partners. This is informed by capitalism, patriarchy, racism, poverty clear stand on climate change, but a just your understanding that Sadtu would • A progressive macro-economic policy and joblessness. transition is about protecting jobs and not succeed if other Cosatu affiliates are and enough of Treasury’s over-exerting • Building an effective, united and actively livelihoods as we move towards the new struggling.’ influence of our economy and its robust tripartite alliance at the helm of climate dispensation.’ orientation. A progressive economy which should be a highly organised and Ntshalintshali alluded that ‘the CEC ‘Comrade President, the Federation means one that creates jobs, develops resolute working class movement. The further launched a renewed wave of mass acknowledges the honesty, integrity and our communities, build capacity to alliance is an important instrument of recruitment of workers into COSATU- collective leadership that have worked manufacture and industrialise our the NDR dear Comrades; its mission affiliated unions. We are aiming at the target so hard in building genuine unity of the country, invest in skilling our people and remains unfulfilled as yet, hence its of 2 million workers by the time we hold union. This hard work has ensured that distribute the economy equitably for all. continuing relevance and centrality. The our 2020 Bargaining Conference, which Sadtu is the future union and union of In this regard, the CEC has expressed role of each alliance partner remain as means we aim to recruit 400 000 workers choice for educators. SADTU is the leader clearly that the current paper by Treasury critical as ever, hence our duty to build into the COSATU fold between now and in education in our country and therefore, is not taking us in that direction. It the capacity of each of our organisations the Conference. Every worker deserves a directly involved in most of our community has also not been a proper product of to their optimal levels. home and COSATU is the home of every work. Teachers are community leaders or NEDLAC and alliance consultation • Working class internationalism remains worker.’ SADTU 9th National Congress the light of every community and therefore, processes, which further questions its our banner forever and we must be as resolved, amongst others, on the following through you we are expected to lead our relevance to the national momentum resolute as ever in building the regional, aspects: communities and guide on critical issues. to roll back the triple crisis of poverty, continental and international trade • Commit to fight for the protection But to do that, we need to be the example inequalities and unemployment. We call union movement towards a global force and respect for the dignity of and light that inspires confidence and for a full recognition of proper dialogue against all and every form of exploitation, education workers and learners that’s why we salute that you have been amongst partners at NEDLAC, as we also oppression and for workers rights and • The union shall campaign against outspoken in even difficult issues that affect call for an alliance thorough discussion dignity for all. gender based violence and sexual our children, our communities, our country on the economic policy direction of the harassment in the workplace and our alliance too.’ country. This is the crux of the matter, as COSATU is a campaigning federation! • Commit to encourage all its we seek a new path of development for COSATU General Secretary called for members to be on duty, on task and He urged delegates to ‘spend quality our country and its people. unions to support each other on the picket professional

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za Worker Issues 5

• Commit to eradicate improper • Commit to intensify the Deputy General Secretary: Nkosana Dolopi We resolved to promote African relations between teachers and campaign against the National Treasurer: Lindiwe Motshwane languages such as Swahili to unite and learners privatisation, commercialization, Vice president for Gender: Dorcus promote inter and intra-community trade, • Commit to engage the employer to commodification of and in Sekabate development and common exchanges.' provide basic infrastructure which education in order to protect the Vice president for Education: Faseega include safe learning environments, basic education value chain against Solomon ‘We resolved to call for the African and manageable class sizes, learning edu-preneurs and capitalist private Vice president for Sports, Arts and Culture: the United Nation to act decisively against materials, teacher development and hands, who want to make profit out Nolitha Mboniswa. Morocco in affirming the rights of the support of education Saharawi people to self-determination. • Commit to engage the employer • Commit to convene Branch-based The newly-elected General Secretary, And also promote solidarity campaigns to to ensure all education workers, community multi-stakholder Mugwena Maluleke said ‘the 9th National support the people of Palestine, CUBA, including temporary teachers, are engagement forums to tackle issues Congress resolved that all workers in the Venezuela and other parts struggling paid on time related to school safety and violence. education sector should be designated against imperialism.’ Meanwhile, the • Commit to push for decolonization under one sectoral Bargaining Council in 9th National Congress was addressed by of the education system and The following collective leadership were order to enhance service delivery and be the ANC President, Cyril Ramaphosa, radical transformation of the duly elected by Congress; consistent with the current arrangements SACP 1st Deputy General Secretary, Solly curriculum in order to restore President: Magope Maphila as far as the designation of sectors within Mapaila and also government Ministers. the dignity of the African Deputy President: Lucky Mabutho Cele the public service. Congratulations to all elected collective working class General Secretary: Mugwena Maluleke leadership!

Why is Labour Migration a Trade Union Issue?

outh Africa has been exposed by media labour policy being adopted by employers.’ But, South Africa on track to finalise draft in 2008 which was aimed to empower for the recent attacks on migrant what we must all agree – is that the violent and NLMP by March 2020 the working class to address issues related workers across provinces. And many in unlawful attacks on non-nationals and their Tloane said ‘in developing the draft policy, to labour migration. The manual argued society have asked questions on what property that we have witnessed – can never, South Africa focused on the African Union that ‘Migrant workers are workers too.’ Shas gone wrong? Many in communities admit under any circumstances be justified”. and SADC protocols; various international Migrant workers, regardless of their rights that the socio-economic factors facing the poor agreements such as Convention 97 and status, are first of all workers. As such, they working class communities such as the growing The Department of Employment and Labour Convention 143, the Sustainable Development have rights, including freedom of association- unemployment and poverty may have fuelled through the Labour Chief Director: Public Goals, the SA constitution and Employment the right to form or join a trade union. It is also the situation. But many argue that some citizens Employment Services (PES) Branch, Ms. Services Act.’ South Africa was developing important to remember that, unless specified have not digested a universal view that ‘migrant Esther Tloane responded by saying that South the NLMP as part of the Southern African otherwise, all labour standards adopted by the workers are workers too’. Africa is on track to have a draft National Labour Development Community (SADC) agreement ILO apply to migrant workers. Too often, labour Migration Policy (NLMP) by March 2020 – to of Ministers of Employment and Labour to migration is linked to exploitation, the extreme On the other hand, many citizens blame deal with labour movement management.’ She develop national frameworks on NLMP as far cases of which can be trafficking and child labour. the Department of Employment and Labour, said the implication was that while developing back in 2013. The deadline for SADC member Trade unions are in the business of protecting the Department of Home Affairs and the the country’s draft National Labour Migration states is November 2019 for countries to all workers, not just their members. This is why Department of International Relations and Policy [NLMP], “we have to strike a balance develop their policies. trade unions fight equality, for decent work for Cooperation [DIRCO] for lack of policy to manage the movement of labour. South all, for social protection and against child labour direction on how migrant workers are employed Africa is one of high receiving countries when In 2016, the department formalised its Road or forced labour, although not all these workers by employers, on how the movement of it comes to migrants, and this is posing serious Map for the development of a National Labour will be union members. This is because trade migrants is regulated by Home Affairs and how challenges for the country. The dynamics in Migration Policy. The NLMP aims to equip unions care for society as a whole, and of course the status of refugees is handled by DIRCO in South Africa are also very unique”. She said South Africa with a technically sound policy the higher their membership, the higher their countries of destination. This has been a thorny that ‘migration was a global phenomenon, instrument, which will strengthen the country’s capacity to influence. issue as in many quarters as many employers saying according to the recent International approach to labour migration, and contribute are blamed for pitting workers against each, by Labour Organisation (ILO) statistics, there to the socio-economic agenda. Tloane said An injury to one is an injury to all is one of paying poverty wages to migrants and denying was an estimated 280 million migrants ‘the NLMP would also help turnaround time the best-known trade union slogans and is the locals employment opportunities in favour of worldwide. Migration was occurring not out of and streamline work visa processes; assist main reason for considering labour migration migrants. The worst case scenarios, many locals choice, “migrants were moving due to political in revisiting and clarification of 60/40 ratio as a trade union issue. As migrant workers are were labelled ‘lazy’ by some employers. instabilities, lack of employment opportunities, (for business visas); implementation of the among the most vulnerable groups of workers, climate change and other pull and push factors’. skills transfer plan; improve collaboration they are in need of particular attention in And the Minister of Employment and “The policy we are developing should not domestically and externally.’ organizing efforts, and at the negotiating table. Labour, Honourable Thulas Nxesi held a view displace South Africans. We need to strike a For trade unions, migrant labour concerns that ‘we need to help facilitate regulation and balance – this process is a multi-departmental The International Labour Organization rights, equality, equal treatment and equal bring order to this difficult area, mindful of the area that needs co-ordination while taking Bureau for Workers’ Activities published a opportunity; it concerns health and safety at sensitivities involved, including – relations with consideration of international conventions,” she Manual for Trade Unionists, titled ‘In Search work, jobs, vocational training, social security our neighbours to the north; the divisive cheap cautioned. of Decent Work-Migrant Workers’ Rights,’ and union organization. All groups of migrant

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 6

Worker Issues

workers need assistance-and their best chance built on high levels of exploitation, low wages, are interested in the conditions of workers are separated [when a family reunification is with a trade union. and poor working conditions. ‘A right-based and the world of work. Government policies option is not allowed] and children suffer approach to migrant workers is the best way of on labour migration are often based on short- the most. These are high social costs that Decent Work Deficit protecting all workers’ term considerations and electoral prospects. By are not considered in measuring the benefits The principal reason why workers decide promoting a right-based approach [including of migration. The trade union movement to move from one country to another is the Labour migration is now a major arena for the ratification of international instruments is committed to the fight against gender search for decent work, because of the lack of the struggle between labour and capital over to protect migrant workers], trade unions discrimination at all levels and this must include decent work opportunities at home. Too many the division of wealth, the extent of regulation are promoting a more stable and predictable the double discrimination that women migrant workers have been left behind by globalization. [or deregulation] of working conditions migration process, which can maximize the workers suffer. While globalization has produced many and worker protection, and the ability of benefits for all. If we want our say, we have benefits, these have not been evenly or fairly workers to organize themselves into unions. to raise our voices now. At the global level, Conclusion distributed. Inequalities between countries What happens to migrant workers may the International Trade Union Confederation Migration for work, or labour migration, is an and within countries are growing. Inequalities well be the precedent for what happens [ITUC] and regional trade union organizations, issue for trade unions because it is part of the and injustice are union concerns. And the more widely across working populations. as well as Global Union federation [GUFs] at world of work. Labour migration concerns historic role of trade unions in fighting poverty Globalization has had a dramatic impact the sectoral level, have increasingly put concern rights, equality, equal treatment and equal everywhere is an important contribution to on mature industrialized economies. for migrant workers high on their list priorities opportunity; it concerns health and safety at reducing migration pressures and ensuring Workers have seen the quality of their and are campaigning for a right-based approach. work, social security, and union organization. that when migration occurs, it is out of jobs decline, as hours and stress have It is linked to trafficking, child labour and choice and not for mere survival. However, increased and unionization levels fallen. Fighting racism and xenophobia exploitation. Labour migration concerns labour shortages in most of the industrialized Unscrupulous employers use migrant workers At the start of the twenty-first century, many discrimination and vocational training. All of countries, together with unemployment and as a ‘reserve’ of workers ostensibly willing countries are becoming multi-cultural, these are trade union issues. Labour migration population growth in developing countries, to work for less pay, for longer hours, and in multiethnic, multi-racial, multi-lingual, and is part of the world of work, a ‘bread and butter’ will continue to drive labour migration and worse conditions than national workers, and multi-religious. At the same time, there are issue that cannot be ignored. Governments are it will remain a major source of growth in the without the protection of unions. The present increasing manifestations of hostility and already putting forward policies and introducing global economy. Promoting Decent Work, and trends of temporary work, precarious contracts, violence against non-nationals-migrants, legislation on migrant workers. If we want our avoiding a situation where governments and subcontracting, flexible schedules, employee refugees, immigrants, even students and say, we have to raise our voices now. employers resort to migration as a source of dependence and undeclared work were all tourists. Extreme nationalists groups propagate cheap labour or as a means of regulating labour tried out first on migrant workers before being myths about migrant workers. This is a long- The Task for Trade Unions markets without granting migrant workers extended to all workers standing problem. The ILO’s Migration for There are four areas where trade unions rights, or in an attempt to undermine existing Employment Recommendation [Revised] can work: rights for all workers, will continue to require What is the solution? [No.86], adopted in 1949, asked countries ➢ Trade unions must become involved in the special attention by the trade union movement. The answer is to ensure that labour a law and to ‘take all practical steps against misleading policy debate about managing migration-so collective agreements are applied to migrant propaganda relating to emigration and that the benefits are maximised for workers, A source of strength and survival for the workers, that labour inspectors make sure they immigration’ [Annex, Article, 2] and the costs minimized. The trade union trade union movement are not exploited, and that migrant workers are position is that migration and migrant Beyond the moral obligation of right and organized in the trade movement. If they are paid It should also be noted that those extreme workers are not ‘problems’ to be dealt solidarity, one very good reason for recruiting the same wages and enjoy the same benefits as chauvinist groups which raise the issue of with. Migrant workers are people trying and organizing migrant workers is to provide national workers, then they cannot be used migrant workers are never the friends of trade to improve their lives and must be treated ‘new blood’ for the trade union movement. as a testing ground for ways of undermining unionism. They seek to divide workers on accordingly. Recruiting members and organizing in sectors national workers. Particular attention should the basis of race, religion or nationality. Trade ➢ Information and awareness-raising traditionally outside the union movement- be paid to undocumented workers. When unionists know that division is fatal to our campaigns for workers and the public at including those where many migrant workers work becomes irregular, employers have a cause. These same parties are always in favour the country level. Racism and ethnicity are can be found-has become critical to the survival strong weapon to sue against any effort to of reducing trade union power.The trade union often used to divide workers. Unions must and growth of the trade union movement. organize unions or fight for better conditions. movement plays a leading role in fighting reach out and inform members and workers Indeed, many trade unions are now targeting When migrant workers are vulnerable, their racism and xenophobia. In December 2007, about the facts, and fight the myths and lies migrant workers, which increasingly include second-class status is not only used against the International Trade Union Confederation spread by racist organizations. undocumented migrant workers in their them, but against other workers as well. drew up a trade union strategy. Mamounata ➢ Cooperation with trade unions in other recruitment drives. This is why it is important A right-based approach to labour migration Cisse, ITUC Deputy General Secretary said: countries-this must involve unions in for trade unions to be seen as leaders in would not only prevent the exploitation of ‘The fight to combat racism and xenophobia both countries of origin and countries of promoting the rights-based approach to labour migrant workers, it would also help to fight and to promote human right, equality and destination of migrant workers. International migration. those unscrupulous employers who want diversity forms an integral part of trade union solidarity is not an option, or even a duty for to place national and migrant workers in organization’s mission. Migrants in particular trade unions. In a globalized world, it is a Support for restrictive migration policies and competition with each other. are often exposed to racism.’ necessity. repression of workers who are in a irregular ➢ Organizing migrant workers-Trade unions situation will only make potential members Having a voice in policy-making Gender discrimination know that the best way to protect workers of the trade union movement reluctant to Governments are sovereign and may decide A significant change in patterns of migration is is for them to be organized. Organizing is join. In fact, migrant workers are among those whom they admit to their territory, providing the increasing percentage of women migrants. the key to improvement. There are also who want and need unions and are willing they meet their international obligations and In earlier years, women migrated [sometimes many examples, of trade unions working to to join. Many of the complainants brought respect human rights. But since migration with their children] on the basis of ‘family support and organize migrant workers. before the ILO concern attempts by migrant policies are a labour market issue, trade unions reunion’. They were seen as housewives. workers to organize, and their being denied have every right to be involved, and their views Increasingly, women are migrating for work Reference: freedom of freedom. Migrant workers make should be listened to when labour migration on their own. They are frequently found in In Search of Decent Work-Migrant Workers’ up an increasing percentage of the workforce policies are being considered. Unions [and low-paid, ‘reproductive work’ such as domestic Rights: A Manual for Trade Unionists. Bureau in agriculture, construction, health care employers] are uniquely places to assess the real work, cleaning services, hospitality, care-giving, for Workers’ Activities [ACTRAV], Geneva, and domestic services, electronics, textiles, labour market needs. Labour migration is not a and in the health care and hospitality sectors. ILO, First Published in 2008 manufacturing, food processing and the hotel law and order issue, nor one of border control. This work is largely undervalued. In this and restaurant trade. These are often industries Migrant workers are workers. Trade unions increasing ‘feminization of migration’, families

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 7

Worker Issues

COSATU and NUM holds a successful Marikana Rally

Alliance leadership at the Marikana Rally Marikana West Community Hall full to its capacity with workers

he Congress of South African Konopi said ‘The rally has proven · Investigate the payment of all congress resolution to build bridges Trade unions and its affiliate, the that South Africa is indeed a affected families which must and making sure that we build cordial National Union of Mineworkers democratic country and everyone include the first 10 killed people relations with other federations held a successful in Marikana on has a freedom of association and the before police killed 34 workers. as part of our campaign to unite tthe 17th November 2019. Indeed the right to form and participate in the · Investigate the relationship the workers and the working class. rally was a major success given the activities of the trade union of their between Amcu and Lonmin And NUM Special Congress must fact that we have not been able to hold choice. This rally was a beginning of management, including the debate how to strengthen the a major event in that area since 2012 the beginning and there will be more Marikina trust fund. federation in that regard’, said Solly and the rally was attended by more 6 activities taking place in Marikana · The Police minister must demand Phetoe, COSATU Deputy General 000 workers drawn from all affiliates and as COSATU and NUM we will all cases opened against the Secretary. and all the regions. work tirelessly until we regain killing of other workers after the the members we have lost in the Marikina tragedy COSATU would like to encourage The Provincial Secretary of COSATU platinum belt.’ · The Minister of labour must make the workers in the mining industry to North West, comrade Kopano Konopi sure that the constitution of our continue to join the National Union said ‘There have been no events COSATU ordinary Central country is respected, and workers Mineworkers as it has proven that it reported at the rally except for the Executive Committee held this are allowed to join unions of their is the only reliable, democratic and taxi hooligans who extorted money year took the decision to hold choice without intimidation. trusted mineworkers unions in the from some of our taxis which were jointly the Marikana with the country. ‘COSATU and NUM would taking workers to the rally and a case National Union of Mineworkers. ‘The CEC also instructed all like to take this opportunity to thank of extortion has been opened with the affiliates and structures of the all the workers who took their time police. In this regard we call on the COSATU CEC demands on federation to work to improve and attended the rally’, concluded law enforcement urgencies act with Marikana were as follows; the level of our cooperation with Konopi. the necessary speed and make sure · Reinvestigate the killing of all other trade union federations. that these hooligans are arrested.’ workers in Marikana We resolved to implement our

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 8 Worker Issues

COSATU addresses NUM Special National Congress in Durban

OSATU National Office Bearers for this Special Congress on the ‘Power of affiliated trade unions. This Special National and they will be amongst the most formidable participated in the Special Unity’, as it resonates with the 14th National Congress is taking place as we mark the 64th adversaries of the administration.’ National Congress of the National Congress Resolution of the federation Anniversary since the formation of the South ‘The Federation wants to see the Alliance Union of Mineworkers (NUM) around Deepening ‘Going Back to Basics, African Congress of Trade Unions [SACTU] and government at all levels intensifying the Cat the Inkosi Albert Luthuli International with a clear programme of Consolidating which became our forerunner. And we war against unemployment, poverty and Convention Centre (ICC) in Durban, the Struggle for the attainment of the Vision must salute leaders such as Leslie Massine, inequality. Unless we deal with the problems KwaZulu-Natal. The Special Congress of the National Democratic Revolution Vuyisile Mini, Stalin Mtshali, Ray Alexander honestly and urgently, the Alliance will likely received addresses from Alliance leadership [NDR] and finally strengthening our trade and countless others for leading the torch on face, not reduced participation and support in and urging ‘NUM to be strengthened to movement to achieve Socialism in our ploughing the seeds of class consciousness the elections, but rather the on-going protest fight for safety in the mining sector. The lifetime.’ ‘The NUM leadership collective and also revolutionary trade unionism in the action, political divisions, demobilization Congress, amongst others, resolved ‘to has briefed us about the critical importance country. and alienation, with potentially devastating engage LIMUSA about collaborations to of this Special National Congress ‘to finalize consequences for our longer-term aims.’ strengthen workers’ struggle in the industrial the work of the National Congress held in This Special National Congress is taking sectors facing jobs bloodbath.’ 2018, with a major focus on Constitutional place as we mark the 98th Anniversary since ‘We are unhappy, though, with Luthuli On the Young Workers structure, the Amendments, Policy Matters and obviously the SACP was founded and also the 107th House’s failure to convene Alliance meetings Congressed resolved ‘to convene the Young Strengthening the Union.’ Anniversary since the ANC was formed.’ consistently. We demand an Alliance Political Workers Conference’ which was thereafter She said ‘We must strengthen the Alliance meeting in the next two months so that we processed by the preceding National Thipe said ‘This Special National and COSATU’s position has been clear on can debate the possibility of an Alliance Executive Committee to have the conference Congress is taking place as we mark the reconfiguration of the Alliance to deliver Economic Summit to deal with the crisis. hosted by Free State in Bloemfontein in 46th Anniversary since the Durban Strikes. on the vision of the National Democratic This Special National Congress is taking November 2019.The Congress resolved This Special National Congress is taking Revolution and achieve radical socio- place as we mark the 24th Anniversary since to convene a Workers’ Rally in Marikana place as we mark the 33rd Anniversary since economic transformation in South Africa. the Vaal Reefs Disaster which compromised around November 2019. workers died fighting for the recognition The CEC has acknowledged Cde Cyril lives of around 105 miners at the Vaal Reef of NUM at JCI mine and 35th Anniversary Ramaphosa’s efforts to unite the Alliance as mine and such cases still persists such as the ‘This is a rally that is jointly organized by since NUM members protested against a leader of both the ANC and government. Lily Mine Disaster and many others NUM COSATU and NUM. The aim of organizing the Bophuthatswana regime [a Bantustan The comprehensive consultation over has spoken against today.’ the rally in Marikana is to try and resuscitate established by apartheid regime] which was cabinet appointments have been followed by the NUM in the platinum belt. Since the banning South African unions. This Special his steady implementation of some Alliance Investing in our Organizing Machinery start of the rampant killings of our members National Congress is taking place as we mark endorsed ANC policies. Despite the recent Thipe said ‘Comrades, the CEC there in 2012, we have never held a national the 25th Anniversary since we lost the NUM political gridlock and commotion, we have acknowledged that COSATU remains rally in the area. Our members have long and COSATU Founding President, comrade already seen a gradual progressive policy the biggest civil society formation and the been calling for such a rally but due to Elijah Barayi.’ shift in the economic policies by the ANC’s biggest membership-based movement in logistics, we have been unable to hold it. sixth administration: the country. The following affiliated unions COSATU affiliates from the surrounding Going Back to Basics! • Introduction of the National (NUM, SACTWU, POPCRU and SADTU areas will be in full attendance. The rally will She said ‘NUM must and should be Minimum Wage. will be convening their respective National also be addressed by Alliance partners. We the union of choice in the mining, energy • Implementation of Free Education Congresses in the coming months and are expecting between 15 000 and 20 000 and construction sector to ensure that • The release of the NHI Bill we wish all of them well. This proves that members to attend from the NUM regions equal pay in the sector is implemented • The exploration of the introduction of COSATU unions still cherish the discipline such as Free State, Carletonville, Matlosana, without fail. NUM must be the union of a State Bank. and principles of democratic centralism North East, Highveld, Kimberley, and PWV’, choice to fight against brutal killings of our • Commitment to the Amendment of and worker control that are the foundation said David Sipunzi, NUM General Secretary workers by AMCU and all those who hates Section 25 of the Constitution of this federation. The CEC welcomed the the hegemonic influence of the National • The signing of the Debt Relief Bill progress that has been made to stabilize COSATU deployed its 2nd Deputy Union of Mineworkers since its inception both SAMWU and SATAWU. While this President, Louisa Thipe to deliver the in 1982 and we acknowledge that this year ‘This commitment to the progressive is a work-in-progress, we are happy that message on behalf of the federation. marks 37th Anniversary celebrations. We resolutions of the 54th National Conference internal democracy is being revived in Resuming her input Comrade Thipe said salute the bravery of our founding leaders is welcomed although some within the ANC these two important COSATU unions. The ‘We acknowledge the presence of COSATU in the Trade Union Movement such as the and National Treasury are trying to exploit CEC has resolved to intensify our ongoing Central Executive Committee members at NUM founding President, Elijah Barayi, the current economic crisis to push their recruitment campaign in the build-up to this Special Congress to continue to reiterate John Nkadimeng, Emma Mashinini, rightwing agenda. COSATU will defend next year’s planned Collective Bargaining our respect for our founding principles on Chris Dlamini and countless others. We the progressive resolutions of the ANC and Conference. Multichoice has announced workers’ solidarity, enhancing workers’ must preserve the contribution of former will continue to be a constructive partner a plan to retrench 2 194 jobs and we must control and also promoting international trade unionists and keep their legacy. We of the sixth ANC administration on policy support CWU to demand job security in the solidarity with our allies across the globe.’ acknowledged that the founding President’s questions, as long as it delivers on the ICT sector.’ ‘Let’s strengthen COSATU as a shield of all gravesite has been declared as a Provincial Manifesto commitments and sticks to ANC Other speakers were SACP General workers in South Africa’. Heritage Site and we must appreciate all the policies. Any attempts to abandon ANC and Secretary, Blade Nzimande and ANC ‘COSATU welcomes the NUM Theme efforts of our founding members across all Alliance policies will antagonize the workers President, Cyril Ramaphosa.

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 9 Worker Issues

Time is now to account for the latest killing of a mineworker

by Luphert Chilwane

et’s all the labour unions, their constitutional right to join a trade The union is finalising logistics to one company that has all signs of being mining industry bosses and union of their choice, declare disputes, jointly host a massive rally with unpatriotic. government ministers revisit strike and engage in any form of peaceful COSATU in Marikana on the 17th the framework for a sustainable protest. November 2019.The aim of organising The NUM members will be marching Lmining industry, a government’s the rally is simply to reclaim lost to Sibanye head office on a date yet to peace pact aimed at stabilising labour It aimed at ensuring that all matters members and resuscitate the NUM in be decided to raise concerns, including relations. pertaining to labour relations, including the platinum belt. Since the start of the the continued violent incidents and union recognition agreements, rampant killings in 2012, the NUM have intimidations at work places. It appears The killing last week of Kaizer verification of membership and wage never held a national rally in the area. that the police and all other law Lungisa Madiba, a member of the negotiations, were conducted within the Mineworkers have long been calling for enforcement agencies were doing very National Union of Mineworkers (NUM) Labour Relations Act. The peace pact such a rally. little to stop the killings in Marikana and an employee at Sibanye-Stillwater also forces labour unions to maintain area. Poor people, in particular by unknown assailants at Lonmin ‘s peace during protests relating to About 20 000 workers are expected mineworkers were gradually losing Roland shaft, next to Marikana, is labour disputes and protecting life and to attend the rally. The union is confidence in the ability of the police bringing more questions than answers. property. The NUM remained shocked concerned that Sibanye-Stillwater 's services to protect innocent civilians. but not surprised by the latest killing. pre-occupation with profits and the Who should account for that loss of police incompetence may once again Luphert Chilwane is the Media precious life? This is because of a rally that is jointly lead to a serious bloodbath in the Officer at the National Union of Madiba was on his way to work when organized by COSATU and NUM. platinum sector. Sibanye-Stillwater is Mineworkers (NUM) he was shot and killed next to Roland Shaft. He has been so instrumental in making sure that workers are perfectly represented on their labour related matters and his affiliation to the NUM could be the main reason why he was brutally shot and killed. It is a matter of concern because a number of people have been assassinated irrespective of their rights to join a trade union of their choice.Without any doubt, the killing of Madiba is a sure case that could easily raise speculation that it is the latest violent incident in the on-going platinum belt.This latest atrocity demonstrates that the framework agreement for a sustainable mining industry is simply not being effectively implemented.

The peace pact, brokered by the then Deputy President Kgalema Motlanthe, was aimed at resolving the issues bedevilling the mining sector. It was signed in 2013, and up to today, it is still very much questionable why the Association of Mineworkers and Construction Union's (Amcu) refused to sign it. Some of the key factors of the agreement is to ensure that workers and managers not be harmed for exercising

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 10 Worker Issues

SACTWU holds its 14th National Congress

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 11 Worker Issues

he Southern African Clothing and the rate of growth, stimulate economic retrenchments and prolonged economic of consolidation, of merging the many Textile Workers’ Union [SACTWU] activities, including to boost economic stagnation. There is also deterioration different trade unions in our industry into 14th National Congress held its growth and innovation.’ ‘The merger of in workplace safety and the rightwing one coherent trade union.’ 14th National Congress in Durban the two departments is part of building a hardliners inside and outside of SACTWU has been traced as far back aroundt September 2019 under the capable state, able to do what it says it will government are trying to exploit the as 1917, with the formation of the Tailors’ Theme, ‘United Together, Let’s Build do, focus on practical actions, break policy economic crisis by reintroducing the failed and Tailoress’ Union in Cape Town, a year SACTWU, Our Industry, Our Economy paralysis and coordinate across the state policies of the past. This congress should later in 1918 with the Witwatersrand and our Continent.’ The National to ensure a good fit between incentives be used to come up with answers that Tailors Association in Joburg and in 1919 Congress is the ‘highest decision-making and outcomes such as jobs and youth will help the labour movement to better with the establishment of the Industrial constitutional structure’, convened once opportunities.’ defend the workers and the working and Commercial Workers’ Union. every three years. The last one was held class. We hope to see a stronger and more SACTWU contributed immensely in September 2016, in Cape Town.The The Minister alluded to the fact that united SACTWU coming out of this 14th in the liberation of South Africa and its Congressed commenced with all delegates ‘government will finalize tariff schedule, National Congress. founding members were real champions remembering all shopstewards, staff and listing products covered by the AfCFTA for non-racialism. Many may recall the Congress Movement Cadres, who passed and the rules of origin which sets out what Zingiswa Losi concluded her message revolutionaries such as Mama Lillian in the period under review. qualifies as a locally-manufactured article. of support to the delegates by saying ‘We Ngoyi and countless others, who led The outstanding rules of origin, include wish SACTWU a successful congress the well-known 1956 Women’s March SACTWU over the recent years clothing and textile, autos and sugar. We and productive session of a Workers’ against Pass Laws and a policy of racial has upped their games in modelling a will engage business and labour at Nedlac Parliament.’ segregation by the apartheid regime. ‘modern union’, willing to engage directly on these areas and finalize agreements The following collective leadership COSATU, all affiliated trade unions and with communities through its HIV/ between all countries by the end of the were duly elected by the 14th SACTWU the IndustriALL congratulated SACTWU AIDS Clinics, unleashing of circumcision year.’ ‘The clothing textiles and footwear National Congress; and wished the union many more years of programmes every and also Winter sector has a support system in place that • President: Comrade Themba vibrancy in fighting for social justice! Schools for learners. Such organizational stabilized the industry over the past 8 Khumalo strides were extended to saving jobs years and saved thousands of jobs. • 1st Deputy President: 2nd Deputy To mark the 30 years of existence, such as the call for EDCON intervention, President: Comrade Sicelo SACTWU held a special 30th Anniversary by resuscitating factories through its To promote local fashion and jobs, we Gumede Gala Dinner ceremony and recognised Investment Fund, fighting eloquently for will finalize an industry Master Plan, • General Secretary: Comrade Andre many individuals in the sector and decent wages by seeking mandates from containing proposals dealing with the Kriel structures for their significant contribution workers through balloting processes, by future of the incentive scheme. The Invest • Deputy General Secretary: in the class struggle for living wages and campaigning on the streets against cheap SA will be supported and upgraded to Comrade Membinkosi Vilina dignity of clothing and textile workers. products in the market, by strengthening be a stronger one-stop shop to unblock • National Treasurer: Comrade A Special Award for Comrade Theo Steele, collective bargaining in all its sectors such obstacles to investment projects getting off Freda Oosthysen who previously was a clothing worker, and as tanning and footwear, and by defending the ground.’ Amongst the distinguished • 1st National Organizing Secretary: a SACTWU shop steward, a SACTWU the implementation of the national guest at the Congress were the South Comrade Bonita Loubser Branch Organiser and now COSATU minimum wage through a research-based African President and ANC President, • 2nd National Organizing Secretary: Head of Organising at the headquarters argument as a ‘springboard to eradicate Hon Cyril Ramaphosa, SACP 1st Deputy Comrade Michael Shabalala for her "Significant Contribution to the poverty wages and ending the growing General Secretary, Solly Mapaila, Cde SACTWU celebrates 30th Anniversary Labour Movement". number of precariat population in the Issa Aremu, IndustriALL Vice President We thank all our members for your labour force’ for Africa, Minister of Employment and contribution to our union and industry. Cde Amon was the first President Labour, Hon Thulas Nxesi and Hon Thank you for you fights for workers’ of SACTWU, elected at the founding Congress delegates unanimously Ebrahim Patel, the Minister of Trade and rights and improving the lives of the Congress in September 1989. agreed that ‘shopstewards need to Industry. working class. You have made SACTWU Other SACTWU 14th National be educated on new technological what it is today. United together, Let’s Congress presented were as follows; developments to ensure discussions ‘The Congress of South African Trade Build SACTWU, Our Industry, Our ➢ SACTWU Pretoria Branch received an are more easier to mitigate against job Unions wishes its affiliate the Southern Country and Our Continent Award for Best Membership Growth losses through the introduction of the African Clothing and Textile Workers' 2019 marks the 30th Anniversary since ➢ An award for Best Membership 4th Industrial Revolution, automation Union a successful 14th National the formation of the Southern African Growth was receive by KwaZulu-Natal and other new technological gadgets who Congress. The 14t h National Congress Clothing and Textile Workers’ Union. Province leads to job cuts.’ ‘We must fight for full of SACTWU represents the union’s Anniversary of a progressive trade union ➢ Award for the Longest Serving Shop implementation of local procurement firm commitment to the principles of reminds its members about a shared Steward was presented to Comrade policies and promote the buy local democracy and workers control’, said history and heritage of the evolution of Mymoena Williams campaign launched many years ago’, COSATU President, Comrade Zingiswa vibrant labour formations, which inspired ➢ Award for Most Gender Sensitive argued delegates Losi representing thousands of workers the workers in general to join and fight Province was awarded to SACTWU's in South Africa across all sectors of the for the freedom of this country and made Western Cape Province The Minister of Trade and Industry economy. Zingiswa said ‘We wish all the significant progress to attain democracy ➢ Award for the Most Significant Strike has urged ‘all South Africans to support delegates productive discussions and hope and a labour legislation premised on social was presented to the Footwear Sector, the Buy Local Campaign, to boost locally they will continue the union’s tradition of justice and respects for labour rights. for the 2018 national footwear wage produced goods and services.’ ‘There firm unity and insightful analysis of issues SACTWU was launched at the strike management is no quick fixes if we want to build a facing the labour movement. SACTWU University of the Western Cape (UWC) ➢ Award for the Longest Serving Staff high-growth, high employment and high is one of the federations most innovative on the 16th-17th September 1989. member in SACTWU was received inclusion economy.’ Patel said ‘we must and forward-looking unions that never SACTWU newly elected General by the current General Secretary, build confidence and trust in government disappoints in tackling issues facing the Secretary, Andrie Kriel said ‘Our union's Comrade Andre Kriel for having spent and between government and our social workers and the working class.’ roots can be traced back to 1918, with the almost thirty-one years with the union partners, namely business and labour.’ formation of the Witwatersrand Tailors' ‘Any industrial strategy is the set of broad She said ‘Workers are grappling Association (WTA), a craft union. The Congratulations to all the recipients! policies and measures undertaken to lift with the Fourth Industrial Revolution, period from 1918 to 1989 was a period Long Live SACTWU! Long Live!

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 12 Worker Issues

POPCRU holds its 9th National Congress

Delegates at the 9th National Congress moments before plenary

he Police and Prisons Civil and made a critical influence towards coordination in line with our newly as a push-back against criminality Rights Union (POCRU) held its total dismantling of the system itself developed 4-Year strategy. We take this in the mining sector,’ said Losi. successful 9th National Congress in South Africa. The fact that we have opportunity to mirror back on the path ‘More workers are joining COSATU from the 5th November until the been in existence for three decades that we have journeyed with a great affiliated trade unions and we must t8th November 2019 and sealed the and have incrementally grown to sense of nostalgia to be where we are continue to engage all workers who Workers’ Parliament with a National representing over 150 000 police, today. We are reminded of historical are keen to rejoin the federation after Rally to celebrate the formation of the correctional and traffic officers in generations of activists like Andriena splinter unions. The working class union in Durban at the Chief Albert South Africa is an unblemished signal Rode, Nomhle Pretty Shuping & cannot be divided further’, declared Luthuli International Convention of the undisputed confidence that others from whom we continue to Losi. ‘We call on all COSATU affiliated Centre and the Curries Fountain these members have in POPCRU.’ draw ground-breaking and innovatory trade unions to campaign against Stadium respectively. The Congress He said ‘During the period travelled, inspiration. Comrade Andriena gender based violence’, urged Losi to was held under the Theme: “30 Years POPCRU has been determined to Rhode, the first General Secretary of all delegates. She said ‘COSATU calls of Working-Class Consciousness, Defending transfigure itself, into becoming an POPCRU, was a correctional officer for the insourcing of all government Workers’ Rights and Building a Self- effective, democratic and innovative and community activist at heart who services to create jobs for all.’ Sustainable Union." organisation under various conditions understood that rehabilitation across of struggle. It did this by drawing from colour line has a central role to play in ‘COSATU acknowledges POPCRU Many argued that the holding of its traditions of self-transformation. the struggle against a discredited and for their revolutionary collegiality the 9th National Congress and the It had to constantly adjust to new illegitimate apartheid regime.’ in supporting the course to advance celebrations at the Curries Fountain approaches, new structures and new socialism in South Africa and Stadium [where COSATU was ways of working where these will Zingiswa Losi delivered the message practically working closely with the launched in 1985] ‘as a true testimony reinforce it and facilitate it to deal with on behalf of the federation and SACP’, said Losi. ‘COSATU reiterates of what POPCRU has stood and new realities. acknowledged the trade union in the its pledge on the its international fought for in its 30 years of existence.’ criminal justice cluster for supporting solidarity with the people of CUBA, Opening the 9th National Congress, At the centre of these endeavours COSATU and all the campaigns led Western Sahara, Swaziland, Palestine, POPCRU President, Zizamele has been to build and an effective by the federation. ‘We have stabilized Venezuela and also the Kurdish Cebekhulu painted the early steps taken and dynamic organisation within the COSATU’, argued Losi. people facing violence and killings.’ by the police and prisons civil rights Criminal Justice Cluster. To achieve this ‘All affiliated trade unions must ‘And we salute the immense presence union in 1989. Cebekhulu said ‘This POPCRU had worked to ensure that it participate actively in the defence of of POPCRU on such solidarity actions.’ ninth [09th] National Congress of the has clear goals, policies and strategies jobs in very sector and also POPCRU SACP General Secretary addressed Police and Prisons Civil Rights Union to attain those goals whilst creating and all other unions must demand delegates on the 7th November is convened when this movement the required ability to implement accountability in the use of PIC and ‘congratulated POPCRU and completes 30th of its existence. It was them. Its policies and strategies had monies as it belongs to workers.’ all its members for celebrating on Sunday, the 05th of November 1989 to be applicable for accomplishing ‘Workers around Marikana have told the thirty years of existence.’ at Strand Street in Cape Town when its objectives. We remain humbled us that ‘they are still subjected to ‘SACP thank POPCRU for purchasing a police and correctional officers took a by the vote of confidence from the harsh conditions and severe brutality building for the Party in Johannesburg conscious and well calculated decision membership in our organisational of being killed for just wearing a red as its headquarters and we wish this to launch a trade union movement with capabilities. We comprehend this as t-shirt of NUM.’ ‘The federation is 9th National Congress a success.’ a progressive apparition. In taking this a strong message to all of us gathered calling on all workers to rally behind Nzimande said ‘Take a lead in the bold step, POPCRU directly challenged here to carry on with our current the planned workers’ rally in Marikana struggles against gender based violence the candour of the apartheid machinery trajectory and to further reinforce our in November and this must serve in our communities. You at the heart

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za Worker Issues 13

of the struggle because POPCRU has rather than party-political power, gate-keeping and greed. Our country rights and economic opportunities. many female members and POPCRU our programme as the Communist still requires the ANC as a broad They alone could vote for and be elected and the rest of COSATU unions must Party in regard to the state is to build movement that is at the centre and to Parliament and other governing lead these struggles.’ SACP General working-class unity and power, and serves as the glue to unify and lead the bodies. They were strengthened behind Secretary shared with delegates that democratically secure working-class principal motive forces of the national a wall of privilege in the public service, ‘we must unify the working-class and hegemony over the state, and thus democratic revolution. It would in jobs and professions, in educational rebuild our mass movement. And the raise the working-class to the position therefore be irresponsible for workers opportunities and a hundred other key organisational challenge facing the of ruling-class. This is one of the to celebrate or take their focus away capacities. Eighty seven per cent working-class in our country in the reasons why we are very concerned from a deeply divided ANC.’ [87%] of the land was reserved for present period is that of intensifying with the state of working-class white ownership. Moreover, the white efforts to build strong organisation on mass organisation at the moment. The 9th National Congress, capitalists owned and controlled the all fronts. The first and most important Our Special National Congress in amongst others, resolved, to; mines, factories and banks and most of step is that of seeking to forge the December will therefore delve deeper • Demand for the Nationalization trade explorations. Their government widest possible front of progressive into the state of working-class mass of Traffic with a view to have a a indoctrinated a dishonest and offensive trade unions behind key common organisation and its implications for single police service to serve the philosophy of race superiority. Being demands of the working-class, the national democratic revolution and public and as a first step towards white was definitive in status and including the ones just outlined, as socialism, as well as, organisationally, harmonization of working success during apartheid.’ well as fighting against retrenchments for the SACP as a working-class Party. conditions, service standards and casualisation. Whilst we must still This is an essential focus in our analysis and equitable distribution of ‘The majority of the population, pursue the goal of one country one of the class balance of forces and the resources, the introduction which was black, suffered merciless federation, the starting point for this strategies necessary to secure working- and implementation of national oppression. They have been must be in forging common struggles class advances and ultimate democratic an Occupation Specific robbed of their ancestral lands and only of the working-class on the ground, victory in the course of class struggle. Dispensation [OSD] for Traffic thirteen per cent [13%] of land set aside here and now. The importance of rebuilding our officials, professionalization of for their occupation – the so-called mass movement and building working- Traffic. reserves or homelands. Starvation and Your Congress is taking place at a class and popular power cannot be • Enhance recruitment of workers the network of pass laws and special time when the trade union movement overemphasised. In this regard, forging within the Criminal Justice taxes drove blacks to work in mines, is highly fragmented, and perhaps a Left popular front and pushing the cluster who are unorganized industries and farms, where they were spending too much time checkmating reconfiguration of the Alliance, as and augment the membership appallingly subjugated and poorly paid. itself rather than concentrating on directed by the 14th National Congress figures in line with the strategic African languages were despised and uniting workers to defend their of the SACP in July 2017, should be seen plan for 2019-2023 which is undeveloped and the growth of national interests. It is also no longer enough as mutually reinforcing organisational 3% annual growth. And Shop cultures was restrained. Africans were just to focus on defensive struggles, tasks, rather than as mutually exclusive. stewards and leaders are should predestined from birth to little or no but to also define clearly the role of the The task of building a widest possible be always available and visible education, to the status of hewers of trade union movement both inside and patriotic front in defence of our to give account at all workplaces wood and drawers of water. outside of the workplace.’ democratic achievements as a people to members to enhance is also important, especially against the quality membership service. And in dealing with the political On the coming SACP Special background of the state capture agenda thoroughfare sailed by POPCRU, it is National Congress and its fightback manoeuvres. POPCRU’s 30th Anniversary was worth touching a bit on the broader Nzimande said ‘Unity is essential for celebrated with the broader masses struggle. Resistance movements the working-class to achieve greater Our Special National Congress at Curries Fountain stadium after the began to rise in the entire African progress and major breakthroughs will receive Central Committee ordinary Congress. POPCRU presented continent where European settlers on all fronts of the struggle to end reports on the implementation of a historical account about the early robbed Africans of their land through economic exploitation, secure social these organisational tasks and adopt years of trade unionism in the criminal conquest and later through Acts of emancipation and ultimately ascend the way forward towards the 15th justice cluster to date. Parliament. More land was taken from to the position of ruling-class through National Congress of the Party, which ‘We present the political journey African people and given to Europeans a socialist dispensation. It is these is scheduled to take place in July 2022. travelled by this organisation since its for settlement and in response to these struggles we must wage now so as to The progressive trade union inception on the 05th of November developments, some chiefs organised realizes, amongst others, the SACP’s movement and other progressive 1989. In doing so, we make reference rebellions against colonial authorities. strategic and programmatic slogan of formations have been invited to to the country’s historic background, White people held a monopoly SOCIALISM IS THE FUTURE, BUILD participate at the Special National which is inevitable. This had an effect of political rights and economic IT NOW! In other words, without unity Congress of the SACP next month. on the thoroughfare the organisation opportunities hitting at the bottom of in action the working-class will be an We are looking forward to your had to endure as it scuttled to its current everything pertaining to mistreatment ineffectual or sentimental quantity not contribution. Coming out of our directorial physique. The history of and unswerving abandonment of black capable of achieving any serious victory Augmented Central Committee is South Africa is known throughout people. The trade union movements in in any front of class struggle.’ September, as the SACP we have called the world because of its system of South Africa played a significant and upon the workers to take up the task white domination, a special form of strategic role in the struggle against Nzimande argued that ‘This is our of rebuilding the ANC and its branches colonialism which has been carried to apartheid and class oppression. One message of unity not only to you and as well as reclaiming the revolutionary extremes under the Nationalist Party thing certain is that trade unions are your entire membership, comrades, values of our movement and defeat policy of apartheid. Nowhere else, not political parties. Trade Unions are but also to our own structures and factionalism, gate-keeping and greed.’ other than in South Africa, was national organisations of workers – uniting to members of the SACP ahead of our and racial oppression practised so fight for the rights of workers and to 4th Special National Congress in On Alliance Politics disrespectfully and brazenly, with such defend these rights on the shop floor. December. There is no substitute Nzimande alluded that ‘...as the systematic viciousness and disregard of Trade unions committed themselves to for building working-class unity and SACP we have called upon the workers human rights and dignity. It was built fight for a society in which all workers power on the ground and in everyday to take up the task of rebuilding the on crude colonial injustice and criminal are free. On the other hand, they have a struggles of the working-class. ANC and its branches as well as disregard for the indigenous African political role to play It is therefore important to take reclaiming the revolutionary values of majority. During the sixties, only three During this period, veteran trade this opportunity to underline that, our movement and defeat factionalism, million whites held a control of political union leaders were forced to waste

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 14 Worker Issues

their lives rotting in apartheid oppressive measures and were subject against the horrible conditions they without pay and others dismissed prisons. What was their crime? to low wages, job discrimination, experienced within their workplaces. from the service. In total, by the end It was for involvement and active had to enforce pass laws they did For example, labour actions took of March 1990, 707 prison warders participation in the struggle for a free not favour themselves, etc. Without place around the country, notably at: were suspended and 39 policemen and democratic South Africa, devoid doubt – directly and forthright, these Stutterheim Prison: The prison was dismissed. Despite this POPCRU of all forms of racial oppression and members also suffered varying forms closed after all 131 black warders claimed 5 000 membership increase class exploitation. The workers built and degrees of national oppression went downed tools. The prisoners as at the end of March 1990. Due to up their trade unions into a powerful and economic exploitation. were transferred to Ford Glamorgan, POPCRU’s political consciousness, fighting force during the 1970s and Within this exposition, the political and the warders were suspended it declared that it did not limit its 1980s. To a certain degree, the unions journey travelled by POPCRU is without pay. denunciation of the prisons and were successful in improving the depicted as we illustrate below. police to its members own economic material conditions of their members Shawn Gude, a writer, graduate Cape: Police and warders at East interests only, but also objected to the while, at the same time, taking on student, activist and assistant London, Ford Beaufort, King Williams following aspects: the labour imbalances shaped by the contributor at Jacobin [a leading voice Town, Kirkwood, Oudtshoorn, George, • Prisoners being segregated on ruthless apartheid state. of the American left, offering socialist Mossel Bay, Brandvlei, Worcester racial lines; perspectives on politics, economics, and Paarl have all participated in • Black warders not being The unions kept the flag of freedom and culture] wrote an article about work stoppages. Pollsmoor Prison: allowed to work with white flying and became a symbol of anti- the horrifying conditions within the wardens went on strike and 87 were prisoners, apartheid resistance, whilst the police during apartheid. He stated suspended without pay. The Prisons • black prisoners being fed liberation movements were banned. that in the 1980s, black police officers Service attempted to evict 31 warders inferior food; This was also evident in the late 1980s, in South Africa were enforcers of their from their houses on prison property. • Overcrowded prison cells for when other components of the Mass own subordination. Internally, they POPCRU took legal action against black prisoners than whites; Democratic Movement [MDM] were were mired in low-level positions and such evictions. Diepkloof Prison: At • Black prisoners sleeping on the politically muscled up. A deepening lacked collective-bargaining rights; Diepkloof Prison 400 warders staged floor while whites have beds; recession, increasing industrial externally, they could not arrest a sit-in over working conditions. • Black juveniles being locked up domination and sophistication of whites, yet had to suppress unrest There emerged a sense of urgency and with hardened criminals whilst management strategies, tightening that threatened to topple the racist a widespread belief that the time was whites were sent to special state repression and the penetrating Afrikaner government. Economically right to launch a trade union within youth institutions. intensification of township struggles desperate and typically lured from the police and prison departments, enlarged the pressure on industrial rural areas by the promise of a pay as it successfully occurred on the To dismantle the ruthless system unions to take up political issues check, some, having coarsened 05th of November 1989. The main of apartheid, there was a need and on general unions to establish once on the force, patrolled restive aim of POPCRU’s establishment for conscious police and prison a strong shop-floor presence. The townships unsympathetically. was to organise the unorganised officers including the armed forces ‘unity talks’ finally culminated workers within the sectors to fight to augment the liberation struggle in the launching of COSATU in These events directly affected for the improvement of the material waged by the political formations. As December 1985, bringing together police, prison and traffic officers, conditions of its members in was reported by POPCRU’s former three political traditions, namely: both as workers and as people who particular and workers in general. It General Secretary, Peter Nkuna that the well-organised industrial unions had to identify themselves with the also wanted to ensure the maximum POPCRU abhorred the attacks on drawn from the shop-floor tradition; struggle for a free and just South involvement of workers in the the black policemen by APLA as the general unions drawn from the Africa. The strong trend towards national democratic struggle. It was much as they abhorred certain acts national–democratic tradition; and national identity developed and grew POPCRU’s contention that if police of some members of the police. He the National Union of Mineworkers stronger with time. This national and prisons are expected to behave further said the police force had to [NUM], which broke away from the identity was fortified and underwired ‘democratically’, it was important be democratised and that POPCRU Council of Unions of South Africa by the hostility of white members for them to experience democratic would be involved in dismantling the [CUSA] to join COSATU. towards black members’ aspirations, engagement within the organisations then security forces.’ which inhibited the growth of non- in which they work. POPCRU has ‘Police and prison officers had to The apartheid government has gone racial class consciousness. The time brought to light grievances in the make sure that the machinery which out of its way to give black officers an arrived when these members had prisons and police which were similar the apartheid regime relied on to inferiority complex, to give them false to broadcast their normal agenda to those of workers in companies enforce its discriminatory practices impression that they were powerless about their workplace grievances throughout the country. It has also was weakened. It became evidently to change things, and that struggle for social change. They had to align shown that the political support of vibrant that indeed, the machinery was useless. It was expected of them themselves with social movements the police and prisons service could was waning when the role of the to ensure that the vicious system for racial justice, gender equality and not be taken for granted since it was military in the Bantustans became was successful and conformed. total liberation of the oppressed. By a subject for political organisation. affected as well. There was an Black workers within the apartheid implication, a new era of political For example, up until 1990, no attempted Bophuthatswana coup in machinery in the form of police and consciousness to members within black officers could be promoted 1988, the successful one in Ciskei, prison officers felt the same social the security environment ushered in. above the rank of lieutenant colonel, Transkei, Ciskei and Venda. When and economic conditions which The strength of trade unionism lies except in the Bantustans. Since the masses protested against the all black workers and the masses in its ability to unite workers in the political consciousness chiselled in, counterfeit independent government endured. These workers developed workplaces with the possibility of the members were quite aware and of Bophuthatswana, police refused consciousness promoted by their stopping production. This happens ready for the dire consequences of to action against protesters. All realisation that they had to unite mainly around some of the immediate their labour actions of challenging these actions gave testimony of the in order to gain strength to change problems facing workers in that the authorities. And indeed, the consciousness of the armed forces in their horrible conditions within their workplace. During the late 1980s response of the authorities against South Africa. It is a political statement sectors. These were workers who, leading towards the formation of their actions was harsh because those that black policemen, soldiers and like all black workers, suffered from POPCRU in 1989, members united who participated were suspended prison warders shared interests with

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 15 Worker Issues

the mass of South Africans – they trade unions, financed and controlled become a force to be reckoned 2006 at Maseru in Lesotho, and too were oppressed and exploited. by their worker members through with as the largest trade union 2009 at Gaborone in Botswana Consequently, men and women of democratically elected committees; within the Criminal Justice in promoting the unionization courage took a stance against a powerful Combating the divisions amongst the Sector. of the African workers. system from within and declared that workers of South Africa and unite them • POPCRU has sharply engaged in • Establishment of a Higher enough was enough. This was the first into a strong and confident working the battle of ideas in the country Institution of Learning to fundamental political posture adopted class; θ Encouraging democratic as a reliable mouthpiece of the specialize on education offering to directly oppose that brutal system worker organisation and leadership down-trodden and the most such as Police Science, Traffic and it became evidently clear that in all spheres of our society together marginalized working class Management, Security Studies, the system would inevitably collapse. with other progressive sectors of the communities and consistently BA Degree in Corrections, Some of the changes brought about by community; and Reinforcing and defended the right of trade Cyber-Crime Investigation, POPCRU are articulated in a research encouraging progressive international unions to bargaining for decent Ballistic Work and DNA studies, paper penned by S. Singh when saying worker contact and solidarity so as to work and a living wage. And to Forensic Sciences to resolve all amendments to the Prisons Act No 8 assist one another in our struggles. the extreme became vocal on kinds of sophisticated crime. of 1959 to the looked at the abolition Out of COSATU’s presentation, the attempts by some to popularise And POPCRU is working closely of apartheid in the prison system. NEC engaged intensively. Just as the attacks on progressive trade with the University of Zululand Most fundamental in this respect was individual worker, or any group of unions, with a view of weakening and Free State University and our the removal of the requirement that workers, are unable to improve their and breaking the backbone consultants mostly come from ‘white’ and ‘non-white’ prisoners had lot without organisation into trade of centralized bargaining to UNISA, University of Pretoria to be housed separately. unions, so is the individual trade union allow the proliferation of Trade and University of Johannesburg. powerless unless there is in existence Unions. The Union has signed Reference to race was removed and a coordinating body of trade unions • POPCRU has reprioritised Memorandum of Understanding prisons were desegregated. The gradual which unites the efforts of all workers. making its members to value with the Mississippi Valley release of political prisoners during For such a trade union federation to their membership by developing State University [MVSU] and the course of 1990 and 1991 meant be successful, it must be able to speak new products and benefits Mississippi College of Law that the prison authorities could look on behalf of all workers, irrespective for workers in their sector [MCL], in the Delta and the City forward to a period in which prison of race or colour, nationality or sex. and beyond [such as reward of Jackson around student and management would not necessarily POPCRU’s final assessment was based cards, cashback & investment lecturer exchanges, community be linked to major national political on this fundamental fact – that it will opportunities through Workers’ policing, rural policing; which questions. A key factor in change not win the course on its own. Its life]. includes stock theft, malicious was POPCRU. This organisation was success could only be realised through • POPCRU has consistently damage to property, crime committed to the recognition of the uniting with other progressive funded empowerment and against the old, women and civil rights of all members including formations. And that formation capacity of all its members, children. equal treatment of inmates. Moving was COSATU. Having considered enhanced political orientation • POPCRU plays its international forward, POPCRU became determined everything, a conscious political and ideological training of the solidarity role with its sound to bring about change within the police decision was taken for POPCRU to rank and file and funded various relations with ICPRA and WFTU and prison sectors. The organisation affiliate to COSATU. The successes programmes in Institutions of and other international bodies fully participated in structures that had and challenges experienced by Higher Learning and in other championing the interests of the to demolish the status quo at the time, POPCRU may be attributed to both its Labour Service Organizations. working class for example, Transformation Forum, mandate as a trade union, representing • POPCRU has established and POCRU honoured its founding Monitoring Committee, Training and the workers security sector, as well as managed a centralized Case members, current shopstewards and Development Committee including its political role discharged within the Management Systems in all workers at a 30th Anniversary Gala formation of bargaining structures. federation – COSATU.’ provincial offices which seeks Evening. Meanwhile, the elective 9th All these structures were effectively to evaluate, monitor and National Congress elected a collective utilised to change policy directions Some of the notable achievements coordinate cases for better leadership to lead the trade union for within these departments. Affiliation of POPCRU since its inception are, service. All cases from the Locals the coming four years and also adopted to Congress of South African Trade amongst others, the following; are reported in the office of the a Declaration. Unions [COSATU] In 1995, a political • A worker-led progressive Case Coordinator and respective discussion arose within POPCRU trade union leading in various 44 designated Shop steward s 9th POPCRU National Congress for possible affiliation to COSATU. departments such as in the are supposed to handle such elected NOBs; COSATU was thus invited to South African Police Service cases until finality in promotion • President: Zizamele Cebekhulu address POPCRU National Executive [SAPS], Correctional Services of labour rights. • 1st Deputy. President: Marurung Committee. In considering whether [CS] and the Traffic component • POPCRU has consistently Khehla Masemola or not to affiliate, a number of factors the then South African Police participated in all COSATU-led • 2nd Deputy. President: Bonny and fundamental principles were [SAP now SAPS] and Prison campaigns and its members Marekwa considered by the NEC. The following Services [now Correctional serve in various COSATU • General Secretary: Nkosinathi became handy as per the presentation Services. Locals and Provincial structures Theledi by COSATU: Commitment to a unified • POPCRU celebrated 30-years, of the federation and continue • 1st Deputy. Secretary: Rankele democratic South Africa, free of with a vibrant union standing to produce many outstanding Msinto oppression and economic exploitation; at around more than 160 female leaders to strengthen • 2nd Deputy. Secretary: Singh S. “The historical development of 000 and continues to put all gender structures within the Nomalanga Mabokela prisons in South Africa: A Penological emphasise on recruitment, union. • Treasurer General: Thulani perspective”. Department of History, quality membership service • POPCRU held three successful Nsele University of KwaZulu-Natal. p29. and membership retention and International Symposiums empowerment on Police Labour Relations in Justice For All! ‘Organising national industrial • POPCRU has unashamedly Durban, South Africa in 2002,

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 16

Worker Issues

PSCBC dispute resolution workshops

he Public Service Co-ordinating make presentations on the relevant principal. The PSC’s presentation open discussions, engagements and Bargaining Council (PSCBC) legislative frameworks impacting was on the PSC rules and grievance any other points of clarity including convened a series of Dispute the Public Service, with emphasis on referral. The General Secretary of research areas which may arise from Resolution Workshops in the labour law amendments and case law the PSCBC, Mr Frikkie De Bruin and the discussions and engagements. The tvarious Provinces and a National developments. the Resident Panellist of the PSCBC, PSCBC would like to thank parties for Workshop that was held in Gauteng. Adv. Mbulaheni Netshifhefhe made the interest shown in the workshops These insightful workshops were The workshop sessions were insightful presentations on relevant and for their positive input. The conducted during the month of July facilitated by the PSCBC General legislative frameworks impacting the workshops proved to be a success as and August 2019. The workshops were Secretary, Mr. Frikkie De Bruin and Public Service, labour law amendments attendees left the various venues with organised under the theme, Case Law the PSCBC Chairperson, Ms. Ingrid to the Labour Relations Act and case a sense of being enlightened on many Monitor & Labour Law Amendments. Dimo. The Public Service Commission law developments. The presentations matters that were discussed. There (PSC) and the Government Employees were well researched and compiled. The was a loud call from the delegates for The objective of these workshops Pension Fund (GEPF), who are topics presented were able to generate further workshops of this nature. was for the PSCBC to engage important stakeholders of the PSCBC adequate interest from delegates All of the presentations may be stakeholders and get inputs from them were invited to partake in the who engaged in robust discussions, attained from the following link: in order to develop and implement programme. The GEPF spoke on the questions and suggestions. dispute prevention strategies progress of the implementation of https://www.pscbc.co.za/ encompassing, stakeholder capacity Resolution 01 of 2017 (additional The workshops were well attended index.php?option=com_docma building and enhancement of the voluntary scheme), preservation fund, and received excellent support from n&view=list&layout=table&s dispute resolution process. The focus both employer and labour parties. lug=pscbc-dispute-resolution- of these workshops would be to reduction factors and the clean break The workshops further allowed for workshops&own=0&Itemid=406

COSATU Gauteng launches Inaugural Elijah Barayi Games

019 has been ‘He was a great human politics of the country Barayi and honour his a remarkable and a dedicated cadre to attain liberation and contributions to the year in the of COSATU and the freedom. To him, social liberation struggle history of Congress Movement’, justice was the best for a better future for COSATU2 as the said Premier Makhura trophy to present to the all. Elijah Barayi was founding president, when Gauteng future generations. a founder member comrade Elijah Barayi government declared his of COSATU in 1985 was honoured by the burial site a ‘Provincial Elijah Barayi engaged and became the first Gauteng government Heritage Site’, around in a class struggle to President of the led by the African Carletonville. ensure COSATU was federation until 1991. National Congress. build from factory to Elijah Barayi played factory, site to site The inaugural games The Premier of a crucial role during to fight for decent were held in township Gauteng, Hon David the dark years when wages and also end the such as KwaThema, Makhura announced black trade unions were policy of segregation Carletonville to name a that the Carletonville’s not recognized by the at the workplaces. few, in which workers R501 road will be apartheid regime. He COSATU Gauteng and affiliated members renamed after the late was one of the pioneers resolved in its Provincial engaged in competitive trade unionist and who championed for Executive Committee sports such as Netball liberation hero, Elijah the active participation meeting to declare and football, amongst Barayi. of trade unions in the 2019 a year of Elijah others.

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 17

Worker Issues

A Shopsteward as a Social Justice campaigner at a COSATU Local

OSATU has over thirty of efficient, affordable and effective years of existence public transport systems in those local organized and municipalities to enable workers to mobilized workers in go to work with ease. Many workers localsC as the basic structure in in various COSATU Locals are still terms of implementation of the burdened by the challenges of changing Back To Basics Campaign and public transport four to five times before empowered workers to tackle reaching their workplace every single massive substantive issues day at a high cost. affecting workers in particular and the working class in general. Functioning COSATU Locals must Those strides have at COSATU be a platform to tackle such issues as Locals have inspired workers that workers who are left stranded after the workforce at the workplace knocking late from night shifts and are have the capacity to resolve issues left vulnerable to be mugged and raped but have shown the tenacity to by thugs. Shopstewards must address win those local battles, only if such issues collectively at COSATU affiliated trade unions worked Locals! together. Those victories are a testament to the collective will of What is Social Justice? progressive organized labour and In this context, social justice is based the optimism in a class struggle. on the concepts of human rights and equality, and can be defined as "the way In this edition of a series of in which human rights are manifested in articles on ‘Going Back to Basics’, the everyday lives of people at every level we unpack the existence of a Local of society". A number of movements structure called ‘COSATU Local’ are working to achieve social justice in as enshrined in the Constitution society. of the federation and venture of modalities and new ways of Social Justice Issues Preamble of COSATU Constitution as amended by organizing to make the structures • Race. viable, vibrant and strong to • Gender. the 13th National Congress in 2018 declares, ‘we, the become a workers’ voice in rural • Age. and town-based organization. • Sexual Orientation. trade union representatives present firmly commit • Religion. “If the aim of the Labour movement • Nationality. ourselves to a united, democratic South Africa, free is a real social reconstruction, then, • Education. in spite of all the hindrances thrown • Mental or Physical Ability. of oppression and economic exploitation. We believe in the way by those interested in the preservation of the existing order, it What are the 4 principles of social this could only be achieved under the leadership of a must enable its members to attain a full justice? and clear knowledge of the facts about The principles of social justice are united working class. Our history has taught us that society...”-Marx an essential part of effective health promotion. There are four interrelated to achieve this goal, we will have to carry out tasks, The struggle for economic justice principles of social justice; equity, must be led by shopstewards access, participation and rights. such as to organize the unorganised workers and at the point of production, to eradicate exploitation of man by First, social justice focuses primarily build effective trade unions based on the democratic man. on the evaluation of institutions, not individual actions. Second, social justice organization of workers in the factories, mines, shops, The role of shopstewards is concerned with outcomes, rather than becoming Social Justice procedures. Third, the justice in social farms and other workplaces.’ Campaigners therefore becomes justice refers to fairness understood as critical. Shopstewards at every equality—usually social or economic— local must be influential to assist not adherence to existing law. workers with implementation Social justice is important for the

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 18

Worker Issues

welfare of society as a whole. Having (financial, institutional, networks, by the provincial structures for a encourage a particular synthesis or social justice and responsibility leads etc), and outlines the campaign decision or a recommendation to perception or using loaded language to satisfaction and pleasure of life, fundraising plan. Locals must plan execute to produce an emotional rather than as well as the respect and loyalty to their campaigns as planning is a • Raise the level of understanding a rational response to the information the leaders. People who are treated scientific execution of developmental of the federation policies, that is presented...’ unjustly eventually rebel and make plans to change society. amongst all members in the area Ideological training and the abuser pay dearly. Social justice is where the Local operates orientation is a conscious action by nothing but to emphasise equitability, Social justice is a concept of fair and • Coordinate campaigns and progressive organizations and may equitableness, evenhandedness, fair- just relations between the individual organizational activities of the be implemented on prioritised and mindedness, fairness, impartiality. and society. This is measured by federation with the Local strategic programmes which, amongst goodness, righteousness, virtue, the explicit and tacit terms for the • Appoint functional sub- others, may dwell on areas such as; honor, integrity, uprightness. distribution of wealth, opportunities committees in support of the • Agenda setting in the local for personal activity, and social work of the Local Executive • Managing sector labour issues What is a campaigner? privileges. Committee and ensure the • Milieu control of local union COSATU Locals must lead local Local is regularly represented related issues campaigns COSATU Constitutional in the Provincial structures and • Creating and sustaining We need first to unpack what is a provisions ensure the interests of the Local solidarity actions campaign. A campaign is a series COSATU Lephalale Local holds a are taken up and a feedback is of military operations intended to recruitment campaign launch in 2019 provided to all members on [re] The functionality of COSATU Locals achieve a goal, confined to a particular The Constitution of the federation as solutions. must have cross-cutting activities area, or involving a specified type of amended has alluded to ‘calling all Participations on any Local which are led by worker leaders to fighting. workers who identifies themselves as established is guided by the founding ensure that class struggle is taken It is to get those who agree with their the working class to join in the class principles of the federation on pay forward. Marxist-Leninists argue that ideas to support them when running struggle.’ It further declares that ‘we up membership [that all workers “Changes in society are due chiefly for a political position. The message call on all trade unions to strive to shall have their membership dues to the development of the internal often consists of several talking unite their members in their ranks up-to-date]. And all shopstewards contradictions in society, that is, the points about policy issues. The points without discrimination and prejudice. must have been elected by workers contradiction between the productive summarize the main ideas of the And seek to protect and further the to adhere to the principle of workers’ forces and the relations of production, campaign and are repeated frequently interests of all workers under the control. the contradiction between classes and in order to create a lasting impression universal slogan of ‘an injury to one the contradiction between the old with the voters. Campaigns in many is an injury to all.’ At every workplace Organizational Discipline is a and the new; it is the development instances have elements which makes there are workers employed in a must to do as ‘must attend local of these contradictions that pushes it successful. particular site, shopfloor or factory or shopsteward councils without society forward and gives the impetus mine. Thus the existence of COSATU failure as local office bearers who for the suppression of the old society COSATU Locals must establish Locals is a given factor on the basis have failed to attend for more than by the new.” COSATU has produced such structures to plan issues around that in every locality, an economic three consecutive meetings, without prominent Locals which fought target groups for all campaigns, zone or rural town, there will always sending a written reasonable apology, vigorously against mining bosses delivery methods of the campaign be economic activities wherein may be removed.’ ‘A local office who wanted to bulldoze communities and how to establish sustainable workers sell their labour power. bearer may be removed if, she/he on their lands and defended their follow-ups to maintain standards. is no longer a shopsteward, elected families against exploitation. COSATU Locals need a well-drawn The Constitution identifies the worker representative or a worker campaign strategy which must be establishment and functionality office bearer of an affiliate union.’ “A revolution is not a dinner party, or debated by all workers to ensure that of ‘Local Structures as enshrined writing an essay, or painting a picture, their inputs are incorporated. in section 8, subsection 8.1[1] Banking on Ideological training to or doing embroidery; it cannot be so A campaign strategy is a proposed [2][3[ which says ‘the federation fight for Socialism refined, so leisurely and gentle, so pathway to victory, driven by the must encourage affiliates to set up Every COSATU Local must develop temperate, kind, courteous, restrained understanding of who will vote for COSATU Local offices to facilitate strategies and tactics to launch and magnanimous. A revolution is the candidate and why they will do so. closer liaison between affiliates’, and campaigns and fight back when an insurrection, an act of violence by ... Once a strategy has been identified, all provinces must establish Locals they face onslaught from employers which one class overthrows another.” campaigns should direct resources which consists of all members of in a coordinated fashion to keep And such activities may include to key groups of potential voters and shopstewards committees in that the confidence of the workers reprioritisation of recruitment of nowhere else, in order not to waste locality, and compose Local Executive high. Such entails embarking of young workers and resuscitation of time or money. Committees to ensure functionality propaganda techniques for a cohort the Progressive Youth Alliance to of those structures.’ Such structures of shopstewards whose tasks will fight for free education for all and Any campaigner must digest when established, in terms of the be a permanent ‘warroom’ of the lead in the struggle for the promotion the processes of establishing Constitution must have a chairperson, Local to defend workers and their of quality public education for all. In a communication strategy in a deputy chairperson, treasurer and communities. Propaganda is a total various provinces, there are functional particular locality to achieve the goals secretary, elected in good standing to control of all aspects of cultural and COSATU Provincial Organizational and objectives set for all members. hold office for a period of three [3] intellectual life which is vital for the Building and Campaigns Committees In simple terms, a communications years until the next election. retention of political control. and COSATU Locals must participate strategy, outlines key messages, and in such platforms as propaganda the channels and tools by which the Their powers and duties, amongst ‘Propaganda is information that building machineries to lead workers campaign will communicate with others, must be to; is used primarily to influence an and society at large. the target audiences. The resource • Ensure the smooth running of audience and further an agenda, mobilization strategy, which maps the union local structures which may not be objective and may A New Shopsteward; Becoming a available and required resources • Deal with any issue referred to it be presenting facts selectively to Social Justice Campaigner at the

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 19

Worker Issues

Local level fight for social justice. they can be improved.’ A LIMUSA participating in the public hearings COSATU Western Cape holding shopsteward declared that ‘one of to support the full implementation constitutional meetings Exchange of experiences the main role of a shopsteward is of the national health insurance to COSATU has launched across all Every trade union and every to carry any functions agreed upon enhance universal healthcare for the provinces a module for the retraining employers’ organization has the between the union and the company citizens, and campaigning against and capacity building of newly elected right- and also acts as a mediator between gender-based violence and lesbian, shopstewards, titled ‘Rebuilding (a) To determine its own the parties to maintain labour peace.’ gay, bisexual, transgender and a Strong Workers’ Movement; administration, programmes and By attending company meetings intersex [LGBTI] discrimination at COSATU Basic Shopstewards’ activities; is another way to state the views the workplace and in communities. Manual which embodies fighting (b) To organize, and of workers across to management COSATU Locals must participate against a system of capitalism (c) To form and join a federation according to set rules of procedures in the Induction programmes which has subjected workers as sub- Interviewing various workers and and proceedings.’ A POPCRU unleashed by COSATU and humans, who continue to suffer shopstewards across all affiliates, member said ‘If a leader does not affiliated trade unions to empower from exploitation, hunger, poverty they shared the following hints understand the concept of service themselves to appreciate the and unequal pay levels at the shop of a new cadre within the labour above self, they will not gain the trust importance of a functioning Local. floor level. ‘A Shopsteward should movement and the confidence and loyalty of those COSATU National Organizing be well trained and be supported by they lead.’ ‘Any leader is only as good Secretary, Theo Steele emphasised the affiliate union and the federation A SACCAWU member said ‘The as his or her team's desire to be led that ‘We have identified key to at all time represent workers task of a shopsteward is to resolve by them. Any over abundance of ego, messengers of the implementation pride and arrogance are not positive phase of the recruitment strategy as leadership traits. Real leaders take workers, organizers, shopstewards the blame and give credit- not the organized under all COSATU other way around’, declares workers affiliated trade unions under the long on how shopstewards must lead. standing which says ‘Every worker is an organizer/Every Shopsteward is A SASBO member said ‘the recent an organizer’, coordinated under the campaign against retrenchments union’s organizing and recruitment in the finance sector has revived departments.’ the importance of a trade union to fight for jobs security. And the Taking stock of all experiences roles of shopstewards are forever and lessons must be utilized to crucial to galvanize the support into strengthen the work of all COSATU membership, to gain representation Locals to function optimally to unite during bargaining periods for workers. COSATU Locals must be better wages.’ ‘Dishonest leaders/ creative to lead other campaigns on shopstewards will do more harm to the ground in partnership with the trade union work in this sector and SACP through convening of Local we must reclaim our labour power SACP Socialist Forums to deepen as we face automation and the class consciousness and ideological Workers’ Education is critical in every COSATU Local Fourth Industrial Revolution.’ training. COSATU Local must never shy to answer these questions at all Way forward times! COSATU Local must have effectively.’ “All our cadres, whatever the problems of members before Recruitment Teams to maximize “Who are our enemies? Who are their rank, are servants of the people, they explode into grievance. And unionization of workers our friends? This is a question of the and whatever we do is to serve the shopstewards must empower workers COSATU Central Executive first importance for the revolution. people.....”-Marx to be aware of company policies or Committee in 2019 identified The basic reason why all previous their contracts. When a good leader/ key campaigns such as intensify revolutionary struggles in China All shopstewards must assume the shopsteward is in place in a company, advocacy work on the 40-Hour achieved so little was their failure role of being Workers’ Advocates it can be felt throughout the entire Week for our members, fighting to unite with real friends in order to at the workplace and deepen their organization. With good leadership, against Jobs genocide, monitoring attack real enemies. A revolutionary skills, knowledge and attitude of corporate culture is not forced, and the implementation and the party is the guide of the masses, labour laws, company policies and it is developed. And communicating compliance by employers with and no revolution ever succeeds Constitutions of different bargaining openly with members daily is critical.’ the legislated National Minimum when the revolutionary party leads councils and also empower other Wage, resuscitating the Living Wage them astray. To ensure that we will workers at large to understand their A NUM worker has maintained to eradicate poverty wages and definitely achieve success in our labour rights. Trade unions in every that ‘workplace safety is a critical the growing number of precariat, revolution and will not lead the COSATU Local must appreciate component of organizational revitalising all the Occupational masses astray, we must pay attention that functioning locals will become duties which must be mastered by Health and Safety structures at all to uniting with our real friends in true ‘laboratories of democracy’ shopstewards, especially after many levels of the Federation, galvanizing order to attack our real enemies. To as their strength will replicate incidences of mineworkers brutally all structures of the Federation distinguish real friends from real in all organizations and enhance killed in their communities on their should be seized with the work of enemies, we must make a general the organizational principle of way to work and/or from work. recruitment of new members into analysis of the economic status internal democracy through having ‘Everybody must understand the the federation on a daily basis and of the various classes in Chinese democratically elected worker vision and goals of the organization, enhancing all methods to render society and of their respective representatives in the federation to and everyone has input into how quality membership to all members, attitudes towards the revolution.”

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 20

Worker Issues

How we answer such questions Steele said ‘And union’s organizers the Department of Labour, CCMA, needs to be addressed by involving at the local will determine the must be key messengers as the NEDLAC, etc to ensure visibility all social partners and stakeholders nature of campaigns to undertake. campaign adds value to their of the campaign is exposed to the – labour, business, training Mao had this in mind while organizational operations/primary public.’ The Minister of Employment institutions etc. delivering a Closing speech at the functions. Our target audiences and Labour, Hon Thulas Nxesi, a Second Session of the First National are all workers unorganized across former trade unionists addressing COSATU Locals may be instrumental Committee of the Chinese People's all sectors of the economy, in rural the 2019 The Third Annual CCMA to making inputs on some of the Political Consultative Conference and urban centres, in formal and Shop Stewards and Union Officials following areas; (June 23, 1950). He said; informal industries in general and Conference at Midrand said ‘that in o The need for lifelong learning “Whoever sides with the with a special target to all young the advancement of social justice and o Supporting people through the revolutionary people is a workers unorganized. stability within the labour market, transition revolutionary. Whoever sides shop stewards and union officials o Strengthening social protection with imperialism, feudalism and And focus to be exerted on have to be knowledgeable and o Upholding safety standards, bureaucrat-capitalism is a counter- working with young workers within well-versed in CCMA jurisdiction decent and sustainable work, and processes and for effective o Shifting incentives towards a dispute human-centred business and resolution.’ economic model. COSATU Locals must be catalyst He further said on the ground to advance local ‘The CCMA economic transformation. has made the point that ‘shop On promotion of Labour stewards and standards union officials are The recently convened CEC our eyes and ears meetings resolved to reprioritise to on the ground. tackle the problems experienced by They are the first vulnerable workers in general and point of contact women in particular on farms, retail, for any distressed hospitality and domestic sectors. employee seeking Addressing the apartheid wage gap relief.’ And that as part of our Living Wage Campaign, goes for all issues all COSATU Locals must resuscitate across the board: local living wage campaign work • Not and fight against the scourge of the just around working poor. The Living Wage the National Campaign is the primary means for Minimum Wage, workers to fight against poverty, but also: close the apartheid wage gap and • On issues address broader inequalities in of health and our society. COSATU Locals must safety; champion leading on the provision COSATU Western Cape holding constitutional meetings • Accessing of social services. the Compensation Fund for work- On revival Sports, arts and related injuries and cultural activism revolutionary. Whomever sides COSATU to play a meaningful role. diseases; Many affiliated have sustainable with the revolutionary people in We may utilize other recruitment • Accessing the Unemployment programs underway in which words only but acts otherwise is a platforms such in sports, arts and Insurance Fund; members are kept active through revolutionary in speech. Whoever cultural activities to reach out to all • In relation to issues of equity sports, arts and cultural activities. sides with the revolutionary people unorganized workers and also place and discrimination COSATU Gauteng has resuscitated in deed as well as in word is a an emphasis on servicing current such activities after the launch revolutionary in the full sense.” members in all our endeavours. We All COSATU Locals must be of Elijah Barayi Memorial Games may utilize other platforms in the upfront to make ‘...inputs and and all COSATU Locals must The SACP has on numerous mainstream media such as Radio/ any recommendations to assist replicate such games in their occasions amplified their resolution TV to enhance outreach and also the National Minimum Wage locality to keep members organized. on ‘Building COSATU on the ground explore fully utilization on new Commission and the Department of Many workplaces have declared through Building COSATU Locals forms of media, including social Employment and Labour – as well Wednesday as Workers’ Sports Day and leading workplace struggles.’ media platforms such as Facebook, as the CCMA - in further refining and such days and also weekend COSATU Locals must side with Whatzup, Twitter, et al, to make the National Minimum Wage policy, may be utilized to organize workers workers and the poor working an impact. COSATU may utilize regulation and implementation and build the hegemonic influence class communities! Capitalism engagements with stakeholders strategies.’ in other functional areas of the benefits from unpaid labour because to having popular stalls in various federation. the labour force is reproduced platforms created by affiliated trade COSATU Locals may be creative to at no additional cost to them... unions and/or partners such as create platforms for local economic COSATU Locals must organize

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 21

Worker Issues

seminars to fighting against conform to the people's interests, at every COSATU Local The Minister of Employment communicable diseases and be and if mistakes occur, they must foster a spirit of the unity and and Labour, Hon Thulas Nxesi, a upfront to tackle the scourge of HIV/ be corrected - that is what being cohesion of the working class. former trade unionists addressing AIDS, TB, Diabetes, Depression, et al responsible to the people means...”- Shopstewards must be instrumental the 2019 The Third Annual CCMA in communities. Such programmes Marx to ‘combat the divisions amongst Shop Stewards and Union Officials may include issues around the workers of South Africa Conference at Midrand said ‘that in empowerment of shopstewards For example, in a particular and unite them into strong the advancement of social justice and on having functional Wellness COSATU Local, some manager and confident working class stability within the labour market, Programmes at the workplace. may threaten to victimize a union formations.Shopstewards at every shop stewards and union officials COSATU Locals must develop a Shopsteward for representing COSATU Local must ‘encourage have to be knowledgeable and database of all its members in every workers and it is the responsibility democratic worker organization well-versed in CCMA jurisdiction workplace to effectively coordinate of a functioning COSATU Local to and collective leadership in all and processes for effective dispute such activities and a failure may fight back and organize if possible spheres of our society, together resolution.’ dampen emotions and injury a sense all communities in that locality with other progressive sectors in He further said ‘The CCMA has of belonging.There must be no room to isolate such an employer. that locality to fight against job made the point that ‘shop stewards for failure! Such labour power must be claimed losses, unemployment, exploitation and union officials are our eyes and and be nurtured in all COSATU of workers, poverty, inequality, ears on the ground. They are the first On Trade union education and Locals to fight against exploitation racism, gender discrimination and point of contact for any distressed holding of Political Schools of workers in that locality. promote solidarity with all migrants employee seeking relief.’ And that Workers’ Education is critical All COSATU Locals must hold fighting for survival. A Shopsteward goes for all issues across the board: in every COSATU Local session to nurture Life-long learning, in a functioning COSATU Local is a • Not just around the National Workers’ education offered promote study circles amongst the paragon of hope for workers in that Minimum Wage, but also: whether through the formal, rank and file and promote of skills locality to fight against the barbaric • On issues of health and safety; informal and non-formal methods revolution at the local level. and exploitative traits by capitalists. • Accessing the Compensation remain a key instrument to propagate Fund for work-related injuries and build capacity f organized All COSATU Locals must hold The working class remains and diseases; and progressive formations. public debates on issues related to the the primary motive force of our • Accessing the Unemployment “Our educational policy must enable Future of Work, the Fourth Industrial revolution. The extent to which our Insurance Fund; everyone who receives an education Revolution, Equal Pay to ensure revolution is derailed depends on • In relation to issues of equity to develop morally, intellectually and that the vibrancy within the Local the degree to which the working and discrimination physically and become a worker with both is kept alive. ILO observes: “In the class asserts its leadership over other socialist consciousness and culture” -Mao absence of adequate opportunities motive forces. All COSATU Locals must be to acquire new relevant skills, many In is for this reason that the upfront to make ‘ inputs and The first point to be made in of those who are at risk of job loss trade union movement must any recommendations to assist every workers’ education forum, may be forced to take lower skilled ensure consistently that the various the National Minimum Wage is that the Labour Relations Act and lower paying jobs.” COSATU capacities of COSATU Locals are Commission and the Department of uses the word that shopstewards Locals must be empowered to sharpened, in line with the demands Employment and Labour – as well are ‘trade union representatives’ to engage on all policy aspects affecting of class struggle. as the CCMA - in further refining refer to shopstewards, who are in workers at the point of production. the National Minimum Wage policy, many instances expected to have COSATU Locals must establish Shopstewards at every COSATU regulation and implementation appreciation of their legal duties and relations with adjacent workers Local must engage with all workers, strategies.’ such capacity building cannot be across the borders to tackle issues listen to their views and enhance COSATU Locals may be creative to entrusted to reside in the hands of affecting communities together such respect for collective bargaining create platforms for local economic employers. Surely from this point of as the challenges faced by workers in at each sector of the locality and needs to be addressed by involving view above, it is clear shopstewards Zimbabwe, Mozambique, Swaziland, enhance the status of the COSATU all social partners and stakeholders have more influence than any other Botswana, Namibia and Lesotho. Local to become champions of decent – labour, business, training person in a COSATU Local and also work agenda at the shop floor level. institutions etc. at the workplace. It is the primary On Climate change Organizational campaigns are the duty of every COSATU Local to Climate crisis is affecting all backbone of a vibrant, healthy and COSATU Locals may be instrumental make sure all shopstewards in that localities. Shopstewards must strong organization on the ground. to making inputs on some of the locality understand Labour Laws engage on this societal challenge as Taking lessons from each in every following areas; such as the Labour Relations Act, rain patterns have changed and we COSATU Local to strengthen the o The need for lifelong learning Basic Conditions of Employment must save the little resources we organization on the ground must be o Supporting people through the Act, Employment Equity Act, have. If we fail to act now, history norm and with that collective spirit, transition Occupational Health and Safety will remember that we had the COSATU in general will be in a o Strengthening social protection Act, Compensation for Injuries and means to fight back, but chose to do better position to ‘deepen the Back to o Upholding safety standards, Diseases Act, Skills Development nothing. Shopstewards at the Local Basics Campaign, to consolidate the decent and sustainable work, Act, Pension Fund Act, Collective level must be able to ‘strengthen struggle for full implementation of and Agreements/Contracts and may the capacity of youth to contribute all Congress Resolutions which will o Shifting incentives towards a also be empowered to negotiate to to the national, regional and global assist in attaining the objectives of human-centred business and ensure that collective bargaining is response to climate change, and the National Democratic Revolution economic model. not undermined by bosses. introduce new methodologies and and finally nourishing the bold steps tools to address climate change’ at towards advancing Socialism! COSATU Locals must be catalyst on “Our duty is to hold ourselves the community level. the ground to advance local economic responsible to the people. Every Let’s Organize, organize transformation. word, every act and every policy must Shopstewards are the catalysts and organize!

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 22

The Economy

COSATU and NUM presents to the Parliament on Special Appropriation Bill

need Eskom to The Public Investment Corporation • No worker at Eskom will be survive. However, has R90 billion invested in Eskom as retrenched. COSATU and part of its investment mandate and NUM’s support strategy to support essential public COSATU and its affiliate, the for the Bill is goods and infrastructure. The PIC National Union of Mineworkers, dependent upon is workers’ hard earned pension and the nation’s largest energy and government insurance funds. Workers cannot mining union, cannot and will not honouring the afford to see it lost. compromise on these fundamental progressive principles. No serious union can agree commitments of Eskom must be stabilised and to see its members thrown into the the President, Cde. returned to its earlier era of being a unemployment queue. This is more Cyril Ramaphosa, successful, profitable and sustainable so in an economy with almost 40% of and the ANC SOE. This Bill is a key part of enabling workers being unemployed. that no workers Eskom to get back on its feet, to Sustainability of Eskom is central in at Eskom will be rebuild and grow. This equally applies to confusing ensuring the electrification retrenched and and tempting workers with early that Eskom will not 2. COSATU’s Conditions for retirement and severance packages. be privatised. This Support for the Special We cannot solve the crisis of commitment is in Appropriation Bill unemployment and a stagnant OSATU and NUM presented direct contrast with the recently COSATU supports the Bill and economy by increasing the levels of their submissions on the released Treasury economic strategy its speedy passage by Parliament. unemployment or overstretching Special Appropriation Bill document that recklessly calls for However this support is conditional workers’ meagre pensions with (Eskom) to the National Eskom’s de facto privatisation.’ upon government developing and a flood of early retirements. Assembly’sC Standing Committee on negotiating a serious turnaround plan Any attempt to retrench workers, will Appropriations around September 1. COSATU Support for Special with social partners, in particular be an unmanageable provocation. 2019 with an intention to save jobs in Appropriation Bill labour. Workers cannot afford and It will force workers to go an the State Owned Enterprises [SOE’s] COSATU welcomes and strongly will not give government nor Eskom unprecedented mass strike. such as Electricity Supply Commission supports the Bill. Simply put, Eskom a blank cheque. Government funds [Eskom]. is facing a fight for its very survival. are workers’ taxes and cannot afford Various vacuous armchair right wing Without the additional financial to continue to be squandered, looted, critics have condemned COSATU for COSATU Parliamentary support provided for by the Bill, it will wasted etc to the tune of on average defending workers’ precious jobs. Coordinator, Matthew Parks argued collapse. This will result in not only R150 billion per annum. Things must That is exactly what workers expect that ‘COSATU and NUM strongly its 46 000 employees losing their jobs, change in government and Eskom. COSATU to do. The federation is not supports and welcomes the additional but as the supplier of more than 90% a burial society. It exists to protect funding provided for by government to of the nation’s electricity, it will bring COSATU and other labour workers and their ability to feed ensure Eskom’s continued functioning the entire economy to a halt. This will federations will soon be engaging with their families. However, this support for the 2019 and 2020 financial years. plunge the economy into an economic government and industry at Nedlac on for the Bill is not a one way street. Eskom is too big to fail. Not only are depression and see millions of workers Eskom’s turnaround plan. Areas that COSATU has several key demands the jobs of 46 000 workers employed thrown into unemployment. Given the are and will remain non-negotiable for which it expects and insists at Eskom at risk, but in fact given fragility of the economy, worker and COSATU and its affiliates include the government deliver upon in the form that more than 90% of the nation’s investor confidence, it is critical that following two key demands, namely of a serious turnaround plan. electricity is generated by Eskom, all Eskom is seen to have the full support that: workers’ jobs and the entire economy and funding of the state. • Eskom shall not be privatised; and These include that:

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 23

The Economy

Internal Finances: reducing wasteful consumption. • A plan to reskill and redeploy at Eskom on its proposals on how • A comprehensive forensic audit o E.g. similar to the water tariff workers employed at aging power to save, stabilise and grow Eskom. of ALL Eskom expenditure and regime implemented during the stations and mines reaching the A South African solution is needed. contracts. drought in the Western Cape. end of their life span. Going to the IMF or World Bank will • A clear diagnosis of where Eskom is • Increase the allocation of free o E.g. building solar panel factories only result in Eskom’s privatisation, losing money. electricity to the nation’s indigent in the same towns that these mass retrenchment of workers, loss of • A list of what has been looted from 3.6 million households as part of aging power stations and mines national sovereignty and the plunging Eskom and by whom. cushioning the poor from the ever are so that those workers can be of the economy into a depression. • A plan with the NPA, Hawks, SAPS rising tariff levels. transitioned to new jobs. This is something that the nation and SSA to recover the stolen funds • Developing and implementing a cannot afford. and to arrest and prosecute the Economic Path Forward: water conservation, recycling and guilty parties. • Eskom’s license be expanded to harvesting plan. Government needs to equally learn • The honouring of the President allow it to produce and own its own o This can include ensuring all the importance of communicating and the ANC’s commitment that renewable energy plants. buildings have such infrastructure, to the public at large at what it is Eskom will not be privatised. • Eskom’s Independent Power clearing alien vegetation, planting doing to fix this crisis. The culture o This includes rejecting Treasury’s Producer contracts’ be amended water wise indigenous vegetation, of silent communications only serves proposals for a back door so that either their tariff rates be investing in water recycling to exacerbate the situation and privatisation by auctioning Eskom’s reduced to make them affordable or infrastructure etc. collapse public and workers’ morale. coal plants. if not, then be cancelled. • Developing and implementing a COSATU hopes that its submission • Eskom’s future tariff hikes be land rehabilitation plan. and proposals will assist the Standing Personnel: linked to inflation to ensure their o This can include programmes Committee with its critical task in • The urgent appointment of a continued affordability. to reforest land, combat ensuring the speedy passage of the Bill competent and experienced CEO. • Eskom’s tariff structure be desertification, rehabilitate and equally in Parliament holding the • A reduction in the bloated senior reviewed to ensure it can once again agricultural land, rehabilitate urban leadership of Eskom, the Department management structure. be affordable for domestic and land, building green cities and and the Executive to account in saving • A freeze and reduction in the neighbouring state’s households towns etc. Eskom. excessive packages paid to senior and industries. • Using more scientific tools and management. o If the tariffs can be affordable, methods to transition industries to NUM’s submission • The appointment of worker demand for Eskom’s supplies to become green and sustainable. ’’Sustainability of Eskom is representatives to the Eskom SADC nations can be increased. This o Key industries that should be central in ensuring the electrification Board. can help drive the industrialisation prioritised include agriculture, Programme responds to the needs of • The honouring of the President and of the continent and create other transport, construction, education, all South Africans ‘, says NUM the ANC’s commitment that no economic opportunities for South energy, clothing, paper, plastics, The National Union of Mineworkers worker will be retrenched. Africa. glass etc. (NUM) supports the special o And where there is a need to reskill o Special attention and a plan is • Provide support to build consumer appropriation bill to support the and redeploy workers from one needed for a very fragile mining and industrial goods recycling Public Enterprise to effectively ensure section of Eskom to another or even industry that has been heavily hit sectors for all products. that Eskom operates in a manner municipal electricity departments by Eskom’s rampant increases. that promotes economic growth, that that be engaged upon with • A plan be developed with the 3. Conclusion transforms the energy sector and unions through the established Departments of Trade and Industry COSATU believes that the challenges enhance Labour intensive growth. collective bargaining structures. and Transport and the auto- facing Eskom are extremely dangerous Competitiveness and sustainability manufacturing industry to build a not only to its workers, but in fact to of Eskom is central in ensuring the External Finances: local electric vehicle capacity. This all workers and the nation at large. electrification Programme responds • Soweto non-payments be dealt with should be geared at both the existing The federation does not believe that to the needs of all South Africans. and brought to a halt. local, African and European and the current situation is sustainable The SOE has succeeded to provide • A clear plan to ensure that all North American as well as future and in fact we fear that we are rapidly low cost electricity to many South municipal arrears be paid. export opportunities to South running out of time. Africans. However, the predominant • A clear plan to ensure that all America, Asia and Australasia. challenges at Eskom cannot be left government arrears are paid. o This needs to include cars, motor COSATU is extremely worried at unresolved and they are as a results of • All Eskom and electricity payments bikes, busses and trains. how long it is taking government to poor governance, non-accountability, by all consumers be paid into one • The extending of life spans for develop a clear turnaround plan to failing business models and lack national account. feasible power stations. save Eskom and grow the economy. of transparency. Similar challenges o Municipal add on tariffs be reviewed • Working with DTI to rebuild the This turnaround plan must include prevailed during the 1980’s and one to determine their actual value and local solar panel industry to supply workers. Not only must workers of the solutions which the minister legitimacy. both domestic and export markets. be engaged and consulted on what of the time considers was to change o Any legitimate municipal charges This should include measures to is to be done but also workers must the structure of the institution to then be transferred to the protect local producers from cheap not be punished with retrenchments enable a more accountable SOE which municipalities from the national and subsidised imports. because certain politicians, managers contribute to an enormous economic account. and business persons chose to loot growth. • Charge wealthy and excessive Just Transition: and run Eskom into the ground. The consumers higher tariff levels guilty and not the innocent must be 2. Legislative Imperatives based upon their property value of A clear plan is needed to ensure made to pay the price. The electricity act (42 of 1922) company profit margins as well as that the nation meets and in fact created the energy supply commission excessive consumption as part of exceeds it climate change targets. COSATU will be engaging with to provide for effective governance, to making tariffs more progressive and This should include: government within the next week sustain electricity supply at low cost

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 24

The Economy

and to ensure sustainable growth of for large amount of capital which representing about 3% of total outlined on the submission. the state owned institution. Under was backed up by government net energy produced (Eberhard, 4.2 Section 2 (b) grants the the Act, the state owned institution guarantees. Another important 2004:11). Minister of Finance to impose was neither making a profit nor contribution to the paradigm shift certain conditions to promote a loss and was exempted from was the significant contribution of 3.3 Skills Transfer transparency and effective corporate income tax. Even though the sector to the industrialization, Government Energy must management. Since this is the state owned successful achieved job creation and development. facilitate a continuous learning a special appropriation bill one of its mandate to supply low process and adaptive workforce to therefore it is imperative that cost electricity, governance and 3.1 Job Creation enhance productivity. Skills audit the Minister of Finance and policy has always been a challenge. The National Union supports and transition remains effective Minister, Public Enterprise The electricity Act (41 of 1987) the special appropriation bill as a in the restructuring process, thus and Minister of Mineral and introduced determination to the mechanism to accelerate growth, it is crucial that the unbundling Energy Resources to enter continued existence of the electricity to sustain the State Owned process must be informed by into an agreement to clearly control regulator, generation and Enterprise economic viability and holistic cost plan. The NUM does stipulate each department supply of electricity in addition to improve productivity. Eskom’s not agree to ESKOM privatization conditions of allocation in the Act allowed for a reconfigured future solemnly depends on however, we do not entirely oppose policy implementation and Eskom with the existing two –tier government’s projection, and a developmental interventions. The governance. governance structure. clear plan provided by government allocated amounts are intended to 4.3 The condition referred to restructuring process which must enable Eskom to service its debts in section 2 (b) (i) (ii) and The popular German model is consider the negative impact that and meet redemption requirements (iii) much be clearly defined amongst the challenges encountered it imposes to the workers. Eskom while making resources available for prior the transfers and Eskom by Eskom specifically where debt reliant liquidity situation can urgent operational improvements commitment to the conditions renewable energy and Independent be averted and its detrimental effect (National Treasury, 2019). We fully must be legally binding with Power producers’ transmission cannot be placed at the shoulders support the intention however, punitive measures to diversion participation is concern. The of the workers. The funds must be the new model must facilitate job or for any mismanagement introduction of Eskom Act (13 monitored and distributed evenly retention and skills transfer. Any incurred. of 2001) amended the Act, 1987, in all the areas that require funding process intended to recapitalize 4.4 Should section 2 (d) apply the so as to transfer full ownership of such as job retention, reskilling Eskom must not trigger section 189 Department of Enterprise and Eskom to a single shareholding programmes to meet the new policy under any circumstances. Eskom must submit a detailed (government) and to remove the trajectory. report to the National Treasury. exemption of Eskom from paying Special Appropriation Bill the income tax. The amendments 3.2 Sustainable Development Comments 4.5 This Funding must be audited enabled the introduction of a Growth South Africa is a Global play by the Auditor General and not share compact signed between the According to DPE (2004) in terms of export and import, by the auditors appointed in Department of Public Enterprise Development cannot be measured there is a need to align SOE’s terms of Eskom Act. and Eskom. The SOE operating only by financial criteria, and procurement needs to the industrial as a business under the principles restructuring is not a means of and trade policy at outlined in the 5. Conclusion embedded in the company Act improving government finances IPAP to contribute to a broader South African State Owned (71 of 2008) must promote and enterprise efficiency at the economic growth strategies as a Enterprises have a critical role to good governance, sustainable expense of the poor. To ensure mechanism to boost productivity, play in development and to improve development and ensure Labour Eskom contributes to the economic sustainability and import-export led its capacity as a mechanism to intensive growth. development growth with improved growth (National Treasury, 2019). contribute to the country’s economic financial revenues there is a need Supporting Eskom sustainability growth. The escalated challenges at 3. Eskom Growth and for an integrated approach to remains a responsibility of Eskom are a bearer to the expansion Development establishing and strengthening government as a sole shareholder of Programme to operate at a bigger The State owned enterprise innovative energy road maps that the SOE. scale and compete at a globally. The mandate is to provide efficient and is influenced by robust policies The interest of the workers must NUM does not support privatization sustainable electrification through and governance which encompass take precedence over any other of Eskom and unbundlement as a its electrification generation, all the elements of sustainable challenges which could have been mechanism to revitalize Eskom. transmission, distribution and economic growth. Eskom remains prevented by government. However, we support a new model retail systems including economic the only state of the art government which will improved the current development and promotion of institution which provide electricity 4.1 The NUM support the amount state and provide a clear forecast. transformation through broad based beyond the borders, the prevalent of R59 Billion as outlined on It is time for a new business model black economic empowerment challenges will not only affect South the Bill. It is important for to be introduces aligned to the Programme. Eberhard (2004) Africa but will pose threats to the the Standing Committee on industrialization strategy which asserts that the energy sector growth entire SADC region. Appropriation to understand fully support intensive job creation. increased concentration to public South Africa sells electricity to the Department of Public ownership which was mostly driven neighboring countries (Botswana, Enterprises submission to the by potential economies of scale in Lesotho, Mozambique, Namibia, National Treasury in support of power plants and the requirement Swaziland and Zimbabwe) the request and the priorities

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 25

The Economy

Unjust food system leaves many South Africans hungry By Brittany Kesselman

n South Africa, about 28.3% of almost twice as likely to experience (more with bonuses andincentives), chemicals. Many South African the population is at risk of hunger hunger as male-headed households. 1332 times more1 than employees, crops are sprayed with a weed-killer while 26% actually experiences who made R75,150. In 2018, Shoprite called glyphosate, which the World hunger. At the same time, The unequal distribution of food made profits of R6.9 billion. Health Organisation declared to Iunhealthy diets are contributing to insecurity and its effects indicates a Some of the major food companies be a probable carcinogen (causing rising levels of obesity and associated situation of severe food injustice in have been found guilty of collusion. cancer). non-communicable diseases, such South Africa. For example, in the bread price as diabetes, hypertension and fixing scandal in 2007, a few bread This was found in all the major strokes. These are not only medical The concept of food injustice companies secretly agreed on prices brands of bread on supermarket concerns—they affect people’s describes the inherent racism and to increase their profits at the shelves. It is also sprayed on maize dignity, their ability to live full and social inequality of the food system, expense of low-income consumers. crops, which in South Africa, are productive lives, and represent a and seeks to address issues of equity, Companies were caught using the almost all genetically modified for this violation of their basic human rights. fairness and control. same anti-competitive practices to purpose. South African consumers keep the price of cooking oil high in are not given a choice about these The right to access sufficient food is Developed by researchers and 2016-17. chemicals when purchasing their enshrined in section 27 of the South activists in the United States, it is bread or maize meal. African constitution. An additional equally relevant in South Africa, Insufficient health and safety In addition to food prices, other provision of the constitution where centuries of oppression under standards amongst corporate food costs also influence levels of hunger guarantees children’s right to access settler colonialism and apartheid manufacturers led to the 2017-18 and malnutrition. Many studies basic nutrition (section 28). Yet for have created one of the most unequal listeriosis outbreak that claimed over of the cost of food tend to exclude a middle-income country, levels of societies in the world. 180 lives. the associated costs of water and childhood stunting in South Africa energy (e.g. electricity or paraffin) for are disturbingly high, affecting 27% Corporate dominance Hidden hunger cooking. of children. Childhood obesity is The current food system both While food manufacturing and also on the rise, and is linked to reflects and exacerbates inequality. retail companies post profits in the Even if a healthy ingredient, such malnutrition. In this system, a few large companies billions of Rand, the majority of as beans, is affordable, many South dominate eachaspect of the food South Africans simply cannot afford Africans cannot afford the water and Conditions such as childhood value chain, from agricultural a healthy diet. energy needed to cook them. stunting and malnutrition affect the inputs to food storage, processing, educational outcomes, health and manufacturing and retail. The Pietermaritzburg Economic In other cases, people may not long-term life chances of children, Justice and Dignity Household be able to afford the energy for contributing to a vicious cycle of These companies reaping high Affordability Index suggests that the refrigeration, leading them to choose poverty, hunger and ill health. profits while workers suffer. cost of a basic nutritious food basket unhealthy fast food or processed Farmworkers are some of the most for a family of four is R2,327.17 (or foods that can be stored at room Food injustice exploited workers in the country, R581.79 per person). temperature, instead of fresh healthy The experience of hunger, earning low wages, facing the threat Yet with South Africa’s high levels ingredients requiring refrigeration. malnutrition and other food-related of eviction and being exposed to of unemployment, informal work illnesses is not evenly spread amongst toxic chemicals while they work. and low wages, most South Africans Food is a political issue the population. There are significant Workers in food retail also face barely manage to afford enough At present, the corporate- race, class and gender differences. difficult conditions, working long food, surviving on diets high in dominated food system has been hours with low pay, and many food sugar and processed starch (such as normalised to the extent that it is For example, while black South jobs are outsourced through labour white bread or mealie meal). These rarely challenged. Africans are more than four times as brokers. diets can contribute to people being likely as white South Africans to be overweight at the same time that they While South Africans regularly unemployed, they are 22 times more In 2017, South Africa’s largest lack sufficient vitamins and minerals protest about access to water, likely to be food insecure. supermarket chain, Shoprite, had the for a healthy life—a condition known electricity, housing and education, highest salary differential between as “hidden hunger.” there are virtually no protests over Amongst children in low-income the CEO and its workers of any JSE- access to food. households, 36% are stunted, while listed company. South African diets are not only only 13% in the wealthiest quintile lacking in nutrients—they also Most South Africans don’t know are. Female-headed households are The CEO earned R100 million contain potentially dangerous they have a right to food, and most

1 Most of the lower-paid jobs at the supermarket, such as cashiers and cleaners, are outsourced via labour brokers, so the real salary differential would be even greater—in 2016 such workers received R13 to R23 per hour, or R 29,744 to R 52,624 per year if they worked full time.

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 26 ECONOMY

people struggle to imagine an to mobilisation by the residents, while reducing prices for It requires holding government alternative to the current system, demanding access to healthy food. consumers; to account, particularly with regard in which food is only accessible as Some of the successful programmes • Government procurement from to children’s access to sufficient, a commodity to be purchased. Yet in Belo Horizonte include: small-scale farmers, especially healthy food, in order to break the there are examples from other parts those using environmentally cycle of poverty and malnutrition. It of the world of alternatives that we • Municipal “popular restaurants” sustainable production methods; also requires providing alternative could learn from. serving subsidised healthy meals; • School lunches and school access to healthy food for those who • Shops selling subsidised fresh gardens, to ensure that children cannot afford to purchase it. One noteworthy example from the fruit and vegetables in under- have access to nutritious meals global South where the government served areas; and that they learn about food At the most basic level, it requires takes the right to food seriously is • A food bank reducing food waste production and nutrition. that South Africans know they have the city of Belo Horizonte, Brazil. by rescuing food otherwise a right to food in the first place, so discarded by retailers, checking Tackling this situation of food that they can demand actions from For the past 25 years, the city it and providing it to social injustice requires a transformation government in line with that right. has been implementing innovative programmes (such as crèches, old of the structural inequities of the and integrated food and nutrition age homes, etc.); food system—ensuring that small- The article has been written by security policies designed to ensure • Farm stalls and farmers markets, producers, processors and retailers Brittany Kesselman, Society, Work that residents are able to enjoy the which enable small-scale farmers have an opportunity to earn a decent & Politics Institute (SWOP), Wits right to food. to sell directly to consumers, living, while reigning in corporate University. She made a presentation cutting out the middleman and abuse and ensuring living wages for at WITS during the World Food Week These policies are a response thereby raising farmer incomes those working in the food system.

Why South Africans need National Health Insurance by Lebogang Mulaisi and Khwezi Mabasa

he government recently based on race, class and gender. myth of limited resources within South Africa requires a preventative published an updated For example, data from the StatsSA the system. South Africa’s health health paradigm and system, which is National Health Insurance General Household Survey (2018) expenditure exceeds the World Health not over-dependent on curative health Bill for public scrutiny and reveals that only 16% of South Organisations (WHO) recommended technologies and interventions. tcommentary, inciting support and Africans have access to medical aids. health expenditure of 5%. The NHI The NHI provides the building opposition, informed by three This membership is dominated by seeks to address this structural blocks for such a system through primary considerations: economic white citizens (72%) while only 10% inequality within the system by prioritising and institutionalising a interests, ideological prisms and lived of Africans have access to medical providing an alternative Universal primary healthcare model. It focuses experiences within the nation’s health schemes. Health Coverage (UHC) model. on health service decentralisation system. This article combines all these President Cyril Ramaphosa recently through community healthcare dimensions and demonstrates how Furthermore, South Africa’s received an international award for his workers, school health teams, and NHI benefits transcend the current health finance is very skewed when government’s choice on introducing district health structures. narrow focus on fiscal or revenue contrasted with other countries. An UHC. issues. impressive 8.5% of GDP is spent on These institutional arrangements overall health services, but this is Second, South Africans need NHI are more suitable for achieving We present four compelling largely consumed by private health for accessing primary healthcare. primary healthcare within reasons, based on documented sector users and providers. How does Various health studies prove that communities. This shift towards research and extensive health worker a country justify a “two-tiered” health South Africa’s health system is primary health supports a syndemic policy dialogues, which justify system in which half of the overall overly curative. This has significant health model, which is advanced in the why South Africans need the NHI. health expenditure is spent on 16 per implications for health service costs Mapungubwe Institute for Strategic The first relates to the unequal cent of its population? and the nation’s disease profile. A Reflection (Mistra) publication structure of the nation’s health system. clear example is the continued rise of entitled Epidemics and the Health of It is characterised by stark inequalities These figures also debunk the noncommunicable or lifestyle diseases. African Nations. This model connects

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 27 ECONOMY

disease burdens to social, economic, of the health system, on which more in the private sector, as healthcare comply with in order to fulfil NHI environmental and cultural factors. than 50% of health funding is spent, costs limit access and erode private fund accreditation requirements. The current public discourse on NHI it is often not well planned due to healthcare users’ benefits. The These include treatment protocols overlooks this crucial pillar because numerous complex and interwoven Competition Commission’s Private and guidelines, which cover medicine of the reductionist debate on fiscal issues. Health Market Inquiry found that prescriptions, health product implications and revenue generation. This reality informs the NHI’s three hospital groups (Netcare, procurement, and health referral Third, NHI is crucial for increasing emphasis on the primary healthcare LifeHealthcare and Mediclinic) pathways. employment and improving working model, which requires additional account for 90% of the private conditions in the health sector. community health care workers and hospital market. Lebogang Mulaisi (Cosatu’s nurses. National Social Development Human resources are at the centre This concentration of power in the Policy Co-ordinator) and Khwezi of the health system. These healthcare workers will sector makes it vulnerable to collusion. Mabasa (Senior Researcher, Evidence shows that adequate be at the coalface in the proposed Without much competition, the three Mistra) are contributors to numbers of well-distributed implementation of the NHI. The major hospital groups dictate price the Mapungubwe Institute for healthcare workers with the right pooling of resources, through the increases for medical aids and benefit Strategic Reflection’s (Mistra) skills mix results in improved NHI Fund, will also improve working from the over-utilisation and over- research on the socio-economic coverage of essential health services conditions in the public health treatment at private health facilities. impact of BEE legislation and the and an overall improvement in key system by providing the equipment experiences of black entrepreneurs health outcomes. and other health supplies required Section 39 of the NHI Bill curbs in post-apartheid South Africa. for decent working conditions. the private sector supplier-induced Although human resources for Fourth, the NHI is crucial for demand by setting requirements for The article first appeared on Daily health is the biggest single component addressing challenges that persist service providers and facilities to Maverick

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 28 Economy

COSATU Provinces embark on a countrywide education programme on National Health Insurance

he objective of the National The South African National Health Insurance (NHI) is to AIDS Council [SANAC] and achieve universal access to the Chairperson of the Portfolio quality healthcare services in Committee on Health, Dr. thet Republic, in accordance with Sibongiseni Dhlomo has welcomed Section 27 of the Constitution, the introduction of the National through the establishment of the NHI Health Insurance Bill. Workers in Fund. It is based on the principle of Limpopo demand more employment social solidarity where we will look of professional health workers! after each other in times of medical need. The comprehensive healthcare In Limpopo, workers under services the NHI will provide are COSATU held a provincial workshop bound by the philosophy of holistic which lasted for two-days, with approach to healthcare spanning the purpose of empowering from preventative strategies all the workers to participate in the way to convalescent and palliative Parliamentary Public Hearings on care. the implementation of the National Healthcare policies in South Africa. The Congress of South African Limpopo was the first province to Trade Unions has come out in be capacitated and trained on the support of the full implementation NHI Bill. Affiliates released their of the National Health Insurance members and they came in numbers. [NHI] and has sanctioned provincial workers to empower workers and “We are happy that affiliates saw it their families to participate in the as need for its members to participate public hearings led by the Parliament in this national programme” said to hear what citizens are saying COSATU Limpopo’s Provincial about improving public health for Chairperson, Calvin Tshaamano. all. COSATU head office saw it as The chairperson acknowledged a need to educate provinces and COSATU head office for bringing this share information on the NHI Bill initiative to Limpopo, “we’ve been discussions and parliamentary waiting for it” said the chairperson. processes that have been taking place He explained to the house at the national level. ‘how important NHI must be implemented, and how we urgently The COSATU Provinces need to get it implemented in order countrywide education programme to end inequality and get rid of the on National Health Insurance was two-tier health system in South held in line with the schedule of Africa.’ Parliamentary public hearings and empower workers and their COSATU Limpopo Provincial families to make submissions as Secretary, Gerald Twala said the members of the public, with all ‘Participants discussed their others organizations and members expectations of the workshop of the civil society who are expected including knowing how they can to submit comments on the Bill by advocate or campaign for the NHI November 29. at the local and provincial level. COSATU Eastern Cape Provincial NHI Workshop held for workers

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za Economy 29

The participants were very positive quality healthcare for everyone.” Policy Coordinator who also sits industry today,' said Mulaisi. and participated actively and saw the COSATU Provincial Secretary, in the NHI National Task Teams, Some of the reasons advanced by need for immediate implementation Comrade Mkhawuleli Maleki said Comrade Lebogang Mulaisi declared civil society in support of NHI of the NHI. They emphasised how ‘The workshop strengthened our that ‘supports the NHI because it is are the following; ill-structured and ill-equipped their preparations for the forthcoming a milestone development that paves ➢ We will support NHI when it is health institutions are, amongst Public Hearings on NHI scheduled the way for unifying our health implemented. We support the other things, NHI is an answer to for the province. We call upon system and guarantees universal establishment of a fund whereby fixing the health system.’ workers to attend Public Hearings and comprehensive quality health resources are pooled into a ‘The provincial meeting developed in big numbers. In so doing we will coverage for all.’ single fund that will strategically a program of action to mobilise defending the NHI in the face of purchase healthcare services on support for the NHI at the regional adversity from our class adversaries.’ The National Health Insurance behalf of healthcare user based and local level, which will be is premised on reversing the socio- on need. This is an effective risk submitted to the upcoming PEC for Advancing the campaign of NHI, economic injustices, imbalances mitigation strategy on behalf endorsement.’ will amongst others, ensure the and inequities of the past, and of the citizen through social following: accelerating the need to heal the solidarity where those who are Eastern Cape public healthcare • Health is recognised as a Human divisions of the past and to establish young, healthy and working cross system needs revamping Right in line with Section 27 of a society based on democratic values, subsidise those who are elderly, “We demand a single purchaser, the South African Constitution. social justice and fundamental sick and financially destitute. universal health coverage and an • Improved access to healthcare human rights. ➢ We support the initiative that integrated health system”, declares facilities. access to healthcare shall be workers. On 14 November 2019, • Restoration of dignity. NHI must create an enabling based on one’s medical needs and environment for the ‘creation of a not whether one has the money single framework throughout the to pay for it or not. Those who Republic for the public funding do work will no longer suffer and public purchasing of health the burdens of rising medical aid care services, medicines, health costs and out of pocket expenses goods and health related products, for less and less coverage. and to eliminate the fragmentation ➢ We support the fact that NHI puts of health care funding in the money back in the pocket of the Republic.’ consumers and even companies who will pay much less employer “NHI will buy quality health care derived tax than the medical services on behalf of the people aid contributions they currently of South Africa. These services contribute. Companies will also will be provided by health care benefit from the productivity professionals and providers in of a healthier and longer living the public and private health care population. It is about economic facilities and will integrate them prosperity through social justice. into one health care system that ➢ We support the provision of serves the needs of all South well-trained professionals Minister of Health, Dr. Zweli Mkhize makes an input on NHI African.” and filling of all vacancies of at SADTU PEC in Durban doctors, specialists, nurses, ‘We support the United Nations pharmacists, physiotherapists call of Sustainable Goal Number and radiographers. 3 i.e. Universal Health Coverage. ➢ We support the training of more Quality healthcare for all citizens frontline professionals. ─ We COSATU Eastern Cape held a • Economic justice. is human capital investment. support the ring fencing of the workshop on NHI. The workshop • The most vulnerable and poor will The evidence is consistent that NHI budget for medicines to avoid was one in a series of workshops be guaranteed health services. type systems drive economic growth drug stock outs. facilitated by the COSATU • Relief from the ripping off because of a healthier population ➢ We support the quality Head Office in conjunction with by medical aids. ‘From the that is able to participate at full improvement plan that will Department of Health. workshop we emerged with a potential in the economy for a longer ensure good quality of service programme that will be presented lifespan. The NHI Bill is based on and caring staff attitudes both in The purpose of the workshop was to the forthcoming PEC for the constitutional rights of all South public and private hospitals and to deepen our understanding on NHI adoption. Upon adoption of African citizens and all children to clinics. related aspects so that we are better the programme we will engage quality healthcare. ➢ We support the rebuilding of equipped with understanding of NHI Alliance components and all hospitals and clinics to be and ensure that there is more and other organisations as well as It obliges the State to make all acceptable quality. better coordinated advocacy on the institution for collaboration in its necessary plans within available ➢ We support the NHI Fund where NHI. The workshop also afforded us implementation’, Maleki. resources to meet these rights. It all citizens have equal access to an opportunity to get an update on also recognises the current situation healthcare and making the medical the developments surrounding NHI. COSATU consolidating its final of unequal access to healthcare aids available for situations that input before the Parliamentary due to the legacy of apartheid, and are not reimbursable by the “NHI is the South African Portfolio Committee the unsustainable exclusive binary NHI Fund. way of providing access to high COSATU Social Development system that defines the medical

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 30 Education

Op-ed: Lead exposure can have dire consequences for children and adults

by Dr Nisha Naicker, Head of the Epidemiology and Surveillance Section of the National Institute for Occupational Health (NIOH)

neurological and increases, the severity of symptoms mitigating lead exposure in South behavioural effects and effects also escalates. Africa following the banning of lead of lead are believed in home paint in 2012 but given the to be irreversible. Sources of lead exposure various other sources of lead exposure, Ecological and Some of the primary sources of much more needs to be done to curb epidemiological lead exposure and poisoning includes lead poisoning. studies in developed leaded fuel and leaded paint. nations have further In the past decade, leaded fuel has We believe that it starts with linked lead exposure been phased out in most countries manufacturers, and our appeal to to antisocial and and has resulted in a significant them is to rethink the use of lead and criminal activities decline in population-level blood lead rather look foralternatives.Our call to in adolescents and concentrations. action is to create awareness across adults. the country so that citizens can stop Several studies by the International purchasing leaded products for their Based on 2016 Persistent Organic Pollutants homes and offices. As the NIOH, data, the Institute for Elimination Network (IEPN) over our ultimate aim is to ensure the Health Metrics and recent years show that high levels of wellbeing of South Africa’s citizens by Evaluation (IHME) lead in paint still exist in more than contributing tothe mitigation of lead has estimated 55 countries. The group collected and poisoning. that lead exposure analysed more than 3,300 paints in 58 accounted for 540 countries, which were widely sold. It Globally, WHO is currently 000 deaths and 13.9 found thatin nine out of 12 countries, developing guidelines on the million years lost to lead levels were greater than 10,000 prevention of lead poisoning, disability and death parts per million (ppm) in 7% to 20% which will provide policy-makers, (disability-adjusted of paints tested. Much more needs to public health authorities and health life years (DALYs)) be done to phase out leaded paint, professionals with evidence-based worldwide due to which is recognized as a huge problem guidance on the measures they can ead exposure continues to the long term effects across the world. take to protect the health of children be a public health burden on health. IHME also found that and adults from lead exposure. across the world because of lead exposure accounted for 63.8% In South Africa, epidemiological its severe effects on people, of the global burden of idiopathic studies reveal that while blood lead About the NIOH andL in particular,children. High levels developmental intellectual disability, distributions in children have started The NIOH, a division of the National of lead exposure affects the brain 3% of the global burden of ischaemic to decline following the introduction Health Laboratory Service, focuses on and central nervous system and can heart disease and 3.1% of the global of unleaded petrol, certain vulnerable surveillance of occupational disease, causeconvulsions, coma and even burden of stroke. groups continue to be exposed to specialised laboratories and health death. Children who survive lead environmental lead from multiple hazard evaluations, applied laboratory poisoning may be left with mental and Even blood lead concentrations sources. Lead is widely used in both and epidemiological research, the behavioural disorders. as low as 5 µg/dL (micrograms per the formal and informal sectors. statutory autopsy services in terms of decilitre) is associated with decreased This includes cottage industries (eg. the Occupational Diseases in Mines Lower levels of lead exposure are intelligence in children, behavioural jewellery making, spray painting, and Works Act, advisory services, also harmful and can affect brain difficulties and learning problems. welding, hair dressing, mining, lead as well as teaching and training in development and result in behavioural In South Africa, children could still melting in fishing communities) as well occupational health and safety. changes, anaemia, hypertension, renal be exposed to lead in their school, as inAyurvedicand Chinese traditional impairment, immune-toxicity and living and playing environment, and medicines, battery recycling and the The NIOH is a World Health toxicity to the reproductive organs. their parents’ work environments. manufacture of certain products. Organization Collaborating Centre and According to the World Health There is no safe known blood lead has also been recognised as a Centre of Organization (WHO), the concentration and when lead exposure There has been some headway in Excellence.

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za International 31

Working People of all Countries Unite!

exploitation, lack of social security COSATU said ‘we are in jubilation and even using violence against the over the election of Cde Zola struggling workers and working Saphetha (General Secretary of the class in general.’ National Education, Health and Allied He said ‘we must continue to Workers’ Union), as the General keep the WFTU & TUI – PS&A Secretary of the class conscious and within the principles and values of socialist orientated global federation unity, proletarian internationalism of workers, the World Federation of and solidarity which inspires us to Trade Unions (WFTU) Trade Union advance the ideological onslaught International of Public Services and against imperialist wars. This must Allied (TUI-PS&A).’ include intensifying our solidarity action in support of Cuba against ‘This election of Cde Saphetha the American blockade, as we lays a solid foundation for COSATU mark the 80th anniversary of the and its other affiliates to reaffirm its foundation of the CTC and the ties with the workers of the world, 60th anniversary of the Cuban as led by our class conscious and Revolution this year.’ Socialist orientated allies in the World Federation of Trade Unions He outlined his priorities to (WFTU), amidst the deepening crisis NEHAWU congratulates its General Secretary for being elected improve the unity of working of Capitalism in Europe, Greece and as the General Secretary of the WFTU TUI-PS&A people across all countries by the United States. The ongoing global tabling the following areas of crisis of Capitalism and ousting of importance; dictatorial regimes by the workers and ➢ We call for an urgent the poor of Africa is living proof that a Secretariat in South Africa by better and alternative world is indeed March 2020 for the tabling of TUI outh African Trade Unionists – uniting workers in the global- necessary. PS&A Unity of Action Statement participated in the 13th north and global-south. As a strong ➢ Enhancing of functional Regional World Congress of the and strategic component of the class It was through the unprecedented Structures in all Continents Trade Union International oriented World Federation of the Trade support of the WFTU, with the help ➢ Employing best mechanisms to of Public Services and Allied (TUI- Unions (WFTU), we wish to affirm of the South African Communist S our understanding that societies’ improve communications Party (SACP), that our struggle PS&A) which took place at Larnaca, ➢ Jerking of systematic internal Cyprus, on the 16-17 November progress, change and development against apartheid was elevated at vision for better coordination of 2019 under the Theme ‘Working is through class struggles; hence will an international scale, and strong TUI PS&A work People of all Countries Unite’, and continue to mobilise the working contacts were established for the ➢ Improving financial viability of attended with other representatives class, working people in particular African National Congress (ANC) to TUI PS&A through implementing from Kuwait, Palestine, Egypt, South to venture into a real revolution to pursue the liberation struggle in exile.’ subscription fee decision Africa, Portugal and Italy. overthrow capitalism and replace The Deputy President of POPCRU it with socialism by intensifying ➢ Reprioritizing an increase on the comrade Marurung Masemola was presence of TUI PS&A The Congress elected the new class consciousness amongst and in re-elected as the WFTU-TUI Vice ➢ Promoting a mobilisation Strategy General Secretary of the TUI PS, between the TUI and eventually the President for English speaking Africa. to ensure more workers to the comrade Zola Saphetha from WFTU. fold of PS&A and deal with a NEHAWU, South Africa. Meanwhile, the WFTU General Comprehensive Program for 75th Assuming his role, Saphetha We will do this through ensuring Secretary, comrade George Mavrikos Anniversary Celebrations of WFTU said ‘Kindly receive our profound the continuous common struggles pointed out ‘the importance of the revolutionary greetings on behalf of which are of particular importance TUIs which are the heart of the WFTU Congratulatory Messages! the newly elected collective of the at this stage of overcoming capitalist and called for the strengthening of the The Congress of South African TUI Public and Allied Workers and crisis, where the bourgeoisie in every action and coordination of the TUI Trade Unions released a statement its general membership across the country of the world is attacking the PS&A.’ congratulating NEHAWU and globe, a united family of militant, working class – through drastic wage POPCRU leaders for their election at class-oriented trade union movement and pension cuts, intensification of the global stage.

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 32 International

Free Palestine says International Community! by BDS

Workers marching in solidarity with the people of Palestine in Nelspruit

nternational Israeli Apartheid in military aggression in Namibia and The charge of apartheid has been made with Palestinians in the occupied West Week (IAW) is an international Angola. against Israel for many years by legal Bank governed by Israeli military law. series of events that seek to raise The theme for this year was Afro scholars and international institutions. In 2012 the UN Committee on the awareness of Israel’s apartheid Palestinian solidarity. The message An exhaustive legal study published in Elimination of Racial Discrimination systemI over the Palestinian people behind the theme was to show support 2009 stated that Israel has implemented condemned Israel for precisely this, and to build support for the growing to approximately 40 000 African all the core characteristics of South calling for an end to all policies of “racial Boycott, Divestment and Sanctions asylum seekers facing deportation African apartheid, by categorizing and segregation and apartheid.” (BDS) movement. or indefinite detention in Israel. The segregating the population along racial Jewish Apartheid state of Israel has not lines and subjecting the Palestinian Many of these practices are prohibited Many people remember apartheid only institutionalized racism against population to extrajudicial killings, by the UN Apartheid Convention, such as a dark chapter in the history of indigenous Palestinians but also torture, arbitrary arrest and detention. as the forced transfer of communities to South Africa and the world. But for for Africans. The theme was also to make way for illegal Israeli settlements the Palestinian people, apartheid isn’t highlight the shared history Palestine Racial discrimination is a fact of daily and the denial of a host of fundamental history; it is a brutal, daily reality. The have with Africa’s liberation struggle life for Palestinians in the occupied human rights. Simply existing as a campaign started on the week of 12th against colonialism. territory. Under Israeli law, and in Palestinian in Palestine carries the to the 18th of March 2018. practice, Jewish Israelis and Palestinians risk of murder, torture and unlawful Apartheid is the Afrikaans word for Oliver Tambo at the World are treated differently in almost every imprisonment. ‘apartness’. It describes the system of conference for action against Apartheid aspect of life including freedom of racial discrimination that once existed in 1977 in Lagos Nigeria said “The movement, family, housing, education, The illegal Apartheid Wall, built in South Africa. Today, the United imperialist countries provide the South employment and other basic human by Israel in the West Bank, towers Nations defines apartheid as acts African racists with the latest military rights. Dozens of Israeli laws and eight meters high, blocking access to “inhumane acts…committed in the equipment, planes, missiles, tanks, policies institutionalize this prevailing schools, hospitals, loved ones and water context of an institutionalised regime of artillery, blueprints for armaments system of racial discrimination and supplies. Covered in watch towers, systematic oppression and domination production and military skills. Part of this domination. electric fences, cameras and military by one racial group over any other imperialist strategy is the consolidation patrols, it is the ultimate symbol of racial group or groups and committed of ties between Zionist Israel and fascist Segregation is carried out by ‘apartness’. with the intention of maintaining that South Africa. In the Middle East, the implementing separate legal regimes regime”. conspiracy is to attempt to destroy the for Jewish Israelis and Palestinians The Memory of a Movement legitimate aspirations and struggle of living in the same area. For example, Last year, new ground was broken South African apartheid was the Arab peoples and the Palestinian Jewish Israeli settlers living in the illegal when the United Nations Economic and established in 1948, the same year as people under the leadership of the Israeli settlements in the occupied West Social Commission for Western Asia the Palestinian Nakba or ‘catastrophe’ Palestine Liberation Organisation.” Bank are governed by Israeli civil law, (ESCWA) published a report which that saw the first 750,000 Palestinians while Palestinians also living in the not only named Israel as an apartheid forced from their homes. In the 1980s, This year’s campaign was endorsed by occupied West Bank are governed by state but advocated BDS tactics to bring these two apartheid regimes shared over 110 organizations and had events Israeli military law. down the apartheid regime. It is in part deep economic and military ties. Israel all over the country that were over 300, This ‘apartness’ is also because apartheid is synonymous with trained and advised the South African the most successful we have had. institutionalised through separate legal the call for BDS that calling the Israeli military, both in domestic repression systems governing Jewish Israelis and system by its name is so important. of the anti-apartheid movement and The Shadow of the Wall Palestinians living in the same area,

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 33 International

In South Africa, it took two tidal waves and now, like black South Africans In 1997, Nelson Mandela famously annually in over 250 cities, communities to bring apartheid to its knees: first and once did, they are building a global said: “We know only too well that our and campuses across the globe. With foremost from within, was a radical BDS movement to free themselves. The freedom is incomplete without the "Afro-Palestinian solidarity" as this year's mass movement of poor black South BDS movement strives to win freedom, freedom of the Palestinians.” This was theme, #IsraeliApartheidWeek focused Africans; but boycott, divestment and justice and equality for all Palestinians, a sentiment shared with many of us on both Israel’s apartheid policies sanctions advocated by the international calling for an end to occupation, full South Africans as we threw off the yoke against the Palestinians as well as the community and solidarity movements equality for Palestinian citizens of Israel of ‘apartness’. But there is also a sense regime's discriminatory policies against also played a vital role by isolating and the right of all refugees to return in which it is true for all of us. As long Africans. South Africa’s apartheid regime. This home. as the powerful anywhere can detain, began as a grassroots effort by people demolish and destroy life with impunity, The campaign highlighted the plight of of conscience across the world, who Over recent years, despite growing all freedom is fragile. the African community in Palestine and inspired by the anti-apartheid movement efforts at repression and censorship hosted events, such as the celebration in South Africa, protested and lobbied in Palestine and internationally, this The 14th #IsraeliApartheidWeek of the historic support and solidarity corporations, universities, trade unions, movement has grown from strength campaign (12-18 March 2019) was that African liberation struggles and churches and finally governments to get to strength. It has forced major endorsed in South Africa by over 110 countries received from the PLO and the on the right side of history. corporations like G4S and Veolia to organizations, is an international series Palestinian people during the 1970s and Like us, black South Africans, quit Israeli markets and won large-scale of self-organized rallies, protests, 1980s. for more info go to our website Palestinians confront a brutal and divestments from banks complicit in lectures, cultural performances, concerts, www.iawsouthafrica.com/ profoundly racist colonial occupation; Israel’s human rights violations. sports events, films and workshops held

SATAWU pickets in solidarity with the State Enterprise Workers’ Relations Confederation (SERC)

nternational Transport ‘undermining labour standards and of Thailand in 2009, following an reimburse the seven leaders for Federation affiliates were high prevalence of forced labour’. occupational health and safety protest monies deducted; plus ensure they mandated to picket on the 7th The South African Transport and they staged in response to a train receive full compensation for lost November 2019 across the Allied Workers’ Union [SATAWU] crash that killed seven people. wages and benefits globeI to demand that the government in South Africa mobilized hundreds If found guilty, the SRUT leaders • Abrogate section 33 of SELRA, and and Prime Minister of Thailand of workers to picket at the Royal face a sentence of up to five years in amend section 77 of SELRA and must intervene in the SRUT case. Thailand Embassy in Pretoria in jail, a fine of USD 660 (R9 900) each article 166 of the Penal Code for Thailand as a member state of the solidarity with the State Enterprise as well as termination of employment. conformity with the principles of International Labour Organization Workers’ Relations Confederation This is in addition to a damage claim freedom of association. must demonstrate respect for the (SERC). where seven of the leaders have been international labour standards. made to pay USD 726 (R10 890) via SATAWU said ‘The ITUC, the ITF ‘SATAWU delivered a letter for the salary deduction. All 13 were granted and all our unions globally are taking Thailand has been for a while attention of Thailand Prime Minister bail of USD 3 304 (R49 560) each on action in support for our affiliate being under ‘the martial law and the Prayut Chan-o-cha, calling on him 8 October. in Thailand, the State Enterprise military government’, and crackdown to drop charges against 13 leaders of Workers’ Relations Confederation on trade union activities has been rife. the State Railway Union of Thailand ‘Stop crackdown to trade union (SERC), regarding the upcoming The picket was motivated to pledge (SRUT), who are due to appear at activities IN Thailand’, says ITF trial of 13 leaders of the State solidarity with workers facing sorts the Central Criminal Court on 11 In the letter SATAWU calls for the Railway Union of Thailand (SRUT) of ‘threats to dismiss’ them for their November’, said SATAWU Rail Sector Prime Minister to do the following: at the Central Criminal Court for participation in a safety-related Coordinator, Lubabalo Tinzi. • Drop the corruption and Corruption and Misconduct Cases in campaigns. misconduct charges against the 13 Bangkok on 11 November.’ The SRUT leaders are facing charges leaders Before that Thailand has featured of corruption and misconduct brought • Urge the State Railway of Thailand Forward with International Solidarity! prominently of ITUC Reports for against them by the State Railway to withdraw the fines and

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 34 international

COSATU slams Turkey’s continued attack against Kurdish forces in Syria

he Congress of South African is part of the international campaign Trade Unions (COSATU), with against American imperialist affiliated trade unions and the aggression in the world, and the SACP organized a picket at the genocidal blockade against Cuba, tUnited States and Turkish Embassies while the picket at the Turkish embassy aginst the economic blockade of CUBA is for the withdrawal of Turkey and all and also condemned the killing of foreign militaries from their invasion Kurdish people North Eastern Syria. of both the North Eastern region and COSATU International Secretary, Syria in general as well as to demand Sonia Mabunda-Kaziboni said ‘ the an end to the ethnic cleansing of the Turkish Syrian rebels attacked the Kurdish people.’ Kurdish-led Syrian Democratic Forces (SDF), shortly after Donald Trump ‘We must all unite our voices with announced that the US would pull all the people who resist and demand troops out of Syria. This horrific the immediate end of imperialist incursion by Turkey has resulted in interventions to stop the imperialist the death of more than 70 civilians wars so that all refugees can return (including children) and130,000 to their homes’, said Mzwandile displaced people.’ Makwayiba, NEHAWU President and WFTU President recently at the ‘COSATU speaks against all forms POPCRU 9th National Congress in of human rights violations, and urges Durban. progressive forces together with activists all over the world to speak ‘We are against the imperialist against this invasion, in adherence to wars’, concluded Makwayiba the Universal Declaration of Human Meanwhile, on the 7th November, Rights (acronym) which Turkey is a at the UN Assembly, for the 28th signatory to.’ consecutive year, the international She said ‘we support the Kurdish community were expected to people, and the commemoration participate in a vote in what Cuba of Kobane Day, and COSATU in ‘charactirised as a ‘show to the collaboration with the Kurdish Human United States how isolated it is on its Rights Action Group (KHRAG) and criminal Cuba Policy. the South African Communist Party (SACP) continues to pledge our The hashtag #UnblockCuba was solidarity.’ a rallying point for international The National Education, Health and solidarity. Allied Workers’ Union [NEHAWU] said ‘The picket at the US embassy COSATU members leading a picket at the US Embassy in Pretoria

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 35 international

COSATU slams Turkey’s continued attack against Kurdish forces in Syria

he Congress of South African ‘COSATU speaks against all forms Allied Workers’ Union [NEHAWU] to their homes’, said Mzwandile Trade Unions (COSATU), with of human rights violations, and urges said ‘The picket at the US embassy Makwayiba, NEHAWU President affiliated trade unions and the progressive forces together with is part of the international campaign and WFTU President recently at the SACP organized a picket at the activists all over the world to speak against American imperialist POPCRU 9th National Congress in tUnited States and Turkish Embassies against this invasion, in adherence to aggression in the world, and the Durban. aginst the economic blockade of CUBA the Universal Declaration of Human genocidal blockade against Cuba, and also condemned the killing of Rights (acronym) which Turkey is a while the picket at the Turkish embassy ‘We are against the imperialist Kurdish people North Eastern Syria. signatory to.’ is for the withdrawal of Turkey and all wars’, concluded Makwayiba. COSATU International Secretary, foreign militaries from their invasion Meanwhile, on the 7th November, Sonia Mabunda-Kaziboni said ‘ the She said ‘we support the Kurdish of both the North Eastern region and at the UN Assembly, for the 28th Turkish Syrian rebels attacked the people, and the commemoration Syria in general as well as to demand consecutive year, the international Kurdish-led Syrian Democratic Forces of Kobane Day, and COSATU in an end to the ethnic cleansing of the community were expected to (SDF), shortly after Donald Trump collaboration with the Kurdish Human Kurdish people.’ participate in a vote in what Cuba announced that the US would pull Rights Action Group (KHRAG) and ‘charactirised as a ‘show to the troops out of Syria. This horrific the South African Communist Party ‘We must all unite our voices with United States how isolated it is on incursion by Turkey has resulted in (SACP) continues to pledge our all the people who resist and demand its criminal Cuba Policy. The hashtag the death of more than 70 civilians solidarity.’ the immediate end of imperialist #UnblockCuba was a rallying point (including children) and130,000 interventions to stop the imperialist for international solidarity. displaced people.’ The National Education, Health and wars so that all refugees can return

COSATU on downgrading the Israeli Embassy

orkers in Gauteng led a to implement the decision to down country if not the only in the world who assistance to Israel End of settlement successful picket at the grade the South African Embassy in knows every aspect of what apartheid is, occupation and expansion, remove the wall United States Consulate Israel to the level of a liaison office. experienced it and feels its effects to date. of apartheid and stop all forms of human Service offices at the Oosthuysen argued that ‘the decision South African government should not be rights violation, including the killing of SandtonW Drive in Sandhurst. The picket was taken by the ruling party the ANC shy or apologetic about implementing this civilians and the return of refugees, as was an annual solidarity action geared 16months ago and was long overdue for decision. South Africa has done its best in the note called President Trump to stop towards supporting the working class in finalisation. We commend and applaud the past in engaging all the parties involved his violation of international law, as well Palestine suffering the repressive Israeli the Minister in the Department of and we see this as the first step forward in as the invitation of the American people, government. ‘COSATU supports the International Relations and Cooperation calling apartheid Israel out something the especially the workers of them To carry Israeli Apartheid Week’, said COSATU Lindiwe Sisulu for boldly carrying this whole world knows but have no will to out their responsibilities in accounting National Treasurer, Freda Oosthuysen. through, thank you. The completion of stop. We strongly believe that the world for their government and the importance the implementation of step one of the has no choice but to act in unity with of supporting the fair Palestinian struggle Oosthuysen said ‘We reaffirm our processes of downgrade couldn’t have South Africa in brokering meaningful way and embracing the provincial political of support for the people of Palestine been announced at a more perfect time forward that will bring about sustainable the BDS initiative’. in their bid for self determination, than the Israeli Apartheid Week (IAW).’ solution between the two.’ their peace and security. ‘We believe the downgrade will send Meanwhile, COSATU Western Cape We continue to mobilise support for the the message to the rest of the world that Reactions from Alliance partners and marched to the offices of the Jewish BDS campaign and we hope for resolution Apartheid was not good for South Africa civil society! Board of Deputies to raise awareness on the matter in the very near future. and it is not good for Palestine, it is what it Bassam Elhussiny from the Palestine about Israel’s apartheid regime over the South Africa is not free until Palestine is. This action has a potential to galvanise Embassy said ‘the picket was about a call Palestinian people and build support for is free.’ COSATU has welcomed the support in advancing peace in the Middle to cancel American decisions related to the growing Boycott, Divestment and decision of the South African Government East. South Africa is the most qualified Jerusalem and the golan and stop military Sanctions (BDS) movement.

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 36 International

Unions can shape the future of work in the Fourth Industrial Revolution

COSATU President, Zingiswa Losi participated in the future of work debate at WITS

ro-active trade unions co-determination. ensure that workers’ rights and International Labour Organization can shape and influence Commending the GLU participation is guaranteed. The to respond to the digital economy the Fourth Industrial programme, Thulas Nxesi, the South co-determination approach of the and demand Just Transition plans as Revolution (4IR) and the African minister of employment and German trade unions should also the world moves from fossil fuels to Pdigital economy, said a panel of labour, who was at the conference, be protected and the campaign for renewable energy. unionists from Germany and South stressed, “Skilling and reskilling living wages intensified. Bastian Schulz, director of the Africa at a Global Labour University of workers is important to match Collective bargaining agreements FES Trade Union Competence (GLU) conference in Johannesburg current trends in the world of work. and social protection should be Centre, said: on 31 October. Strong unions and social compacts preserved. Although the national “New instability of work The topic was: the future of work on 4IR are critical.” social and economic context is key, characterizes labour relations in and the role of trade unions, social The panel said trade unions can trade unions should also develop the 21st century. Unions face dialogue, industrial relations and be involved in lifelong learning and global strategies and work with the challenges on the digital economy

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 37 International

especially the way it transforms held with support from FES, the capital and labour in the last 40 ILO observes, “while the prevailing jobs, and employment relationships University of the Witwatersrand years, with a dramatic enrichment evidence of past technological as well as the social divide between and GLU. at the very top related to increased developments suggests that waves workers with stable paying jobs and Meanwhile, The Global Labour revenue derived from capital. While of technological change result in those with unstable, poorly paid or University has written a letter his research focuses on advanced short-term job destruction followed precarious jobs, or no jobs at all.” Professor Goldberg, Dr. Saliola industrial countries, evidence that by the creation of new and better Reiner Hoffman, president of the and Dr. Rutkowski at the World similar processes have been at play jobs, today’s technological advances German federation of trade unions Bank titled ‘Comments on the in emerging economies abound. are emerging at an unprecedented the DGB, said: draft World Development Report Moreover, a declining Gini has in rate and changing work in ways not “In discussing the 4IR we must 2019’, in which the Global Labour some cases co-existed with rising seen before.” (p. 10) The second not forget that labour is also University argued that ‘we welcome income and wealth concentration observation regards the quality of changing. The fear of technology the decision of the World Bank to at the top, for instance in Brazil. work that will be generated. displacing workers is not new; it focus its 2019 World Development It therefore seems very difficult to The World Bank seems to was there in the 1970s and 1980s. Report on the changing nature of say something definitive on income assume these jobs will overall be In Germany we are focusing on work. We commend the authors distribution as a whole. Even when of higher quality. In contrast, the opportunities from the 4IR and for discussing the changes that are focusing on the evolution of the ILO observes: “In the absence of not only discussing risks. These taking place and trying to advise Gini index alone, the ILO finds, adequate opportunities to acquire opportunities arise from new governments on how best to adapt “(w)ithin-country inequality, as new relevant skills, many of those types of work that will result from to them. We share the authors’ measured by the Gini index, has who are at risk of job loss may be technological innovation and concern with the growing risks also grown in most regions […] forced to take lower skilled and digitalization.” associated with tax evasion by large Additionally, with the exception lower paying jobs.” (p. 26) In corporations that control an ever- of Latin America, all other regions other words, while technological He cautioned that trade unions greater share of economic activity. have experienced an increase in innovation may or may not result must not sit back and allow big We are however worried with the income inequality along with a in a net loss of jobs in society, we corporations to dominate the way in which the report portrays decline in labour income share.” (p. need to consider the quality of jobs 4IR debates. Zingiswa Losi, the these changes in the nature of work 7) that will emerge and grow. In this president of the Congress of South as essentially benign, requiring And while the draft Report regard, the draft report ignores African Trade Unions said: ‘adaptation’ by workers in the form observes, “(t)echnology has the evidence presented by Rani “Unions must ask if the South of skills acquisition and by states brought higher labor productivity and Furrer8 that “a large pool of African economy is ready for the through the provision of skills and to many sectors by reducing the educated workforce in developing 4IR. What are the consequences and ‘universal’ social coverage, with the need for workers for routine tasks,” countries are performing microtasks impact on the workers? We should latter understood as a prelude to the ILO finds, “labour productivity on platforms. not support jobless economic labour market deregulation. growth outpaced the growth of real growth. Currently unemployment wages in all but a few years between The majority of these tasks are is very high at 29.1 per cent and Such a perspective ignores the 2006 and 2015 […] This means simple and repetitive, and do not at the expanded rate of 38.5 per growing body of research that that although workers have become require any specific skills, thereby cent. Unions must engage to stop points to very serious challenges increasingly productive, the benefits underutilising the capacity of workers’ exploitation under the to working conditions; in fact, on of their work have increasingly these workers.” (p. 25) The same 4IR.” a number of issues that we discuss accrued to capital income and to research highlights the worrying in this letter, we feel that the draft those at the top of the income levels of precarity and vulnerability Ruth Ntlokotse, second deputy report has cherry-picked research distribution.” (op. cit., p. 6) The experienced by these workers. president of the National Union that suited the authors’ beliefs. growing inequality brought about Hence, there are valid reasons to of Metalworkers of South Africa, This is worrying as it constitutes a by neoliberal capitalism has even fear that recent trends, such as the affiliated to IndustriALL Global lowering of the usual World Bank led the International Monetary Fund declining share of wages in total Union, said: standards; it could also orient the (IMF) to question its core policies. income, will be exacerbated by the “Data and artificial intelligence are crucial debate on the future of work Many of these policies’ victims have changing nature of work, unless central to the digital economy. Who in a way that will be unhelpful to had no choice but to emigrate, with current tendencies are counter- owns this data and what are the resolve the problems at hand.’ as much as a quarter of Salvadorians balanced by a mix of greater effects on workers? We are already Technology and Inequality In the and Zimbabweans leaving their regulation and stronger voice by facing issues with biometrics at the draft Report, the World Bank writes, country in search of a better future. workers. This leads us to a further workplaces. Employers are using “(i)nequality in most emerging In this context, focusing on within- remark relating to the kind of skills surveillance systems to infringe on economies has declined or remained country inequality alone is simply that will be needed by workers in workers privacy. We need studies unchanged over the last decade.” not good enough to understand future. The draft Report takes for that will inform us on how to This goes in contrast with an recent changes. granted the (problematic, as we respond to the 4IR.” abundance of rigorous academic have shown) way in which the new Workers from IndustriALL research that suggests otherwise. Technology and Jobs ‘gig’ economy operates; it therefore affiliates, the Industrial Commercial This is in part because of the The draft Report argues that fears emphasizes the need to develop Workers Union (Ghana) and the report’s questionable decision to of job loss due to automation are the skills currently demanded Commercial , Industrial and Allied look at inequality only through misplaced and it cites numerous by leading corporations. Socio- Workers Union (Malawi) who the within-country lens of the examples of jobs being created by behavioural skills, for instance, are are former students of the GLU Gini coefficient, which draws on automation. Two observations are in indeed crucial, but we wonder if programmes, were part of the 100 household surveys. Drawing on tax order. First, the assumption is that they have not become shorthand for participants who attended the data, Piketty shows a sharp increase past impacts of automation are able increased docility. conference. The conference was in functional inequality between to predict future trends. Yet, as the If an Uber driver, or a babysitter

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 38 International

employed through a platform, regulation must be strengthened necessary to look for other ways to dramatic consequences for their complains about unpaid overtime, in light of a detailed understanding regulate labour relations. This calls spine. Messing further shows how customers are encouraged to rate of the implications of technological for a number of responses. this invisibility can lead to irrational them badly, thus compromising change in order to level the playing Firstly, the important role of designs; in France, modern high- the worker’s ability to find work in field. We find it astonishing that the collective bargaining in ensuring speed train toilets were designed future. Yet, is being treated fairly draft Report ignores the abundant more adaptable and more inclusive without any consultation with an unreasonable expectation? It is evidence that links labour market economies has been demonstrated those who clean them. As a result, easy to see that the answer may regulation with a range of positive by a number of studies focused on the toilets have proved to be a be yes in a not so distant future, if socio economic outcomes. Looking emerging countries. This includes nightmare to clean, forcing workers workers are not empowered to shape at the relationship between income examples of alternative forms of to compromise their health on a daily the development, adoption and inequalities and labour market collective bargaining that improve basis. The need to include workers adaptation of new technologies. regulation, Förster and Toth9 thus the protection of informal economy in shaping technology in order to Technology and Labour Regulation find very robust results across a workers, as has been the case in improve their well-being as the same One of the more worrisome aspects range of studies focusing on OECD India. What these studies suggest is time as improving efficiency (and of the World Bank’s draft Report is countries showing that declines that, while rethinking contributory there is little doubt that the two are the call for greater labour market in regulation increase inequality. social protection may be needed, positively correlated) points to the flexibility. The World Bank writes, On the other hand, Blanchard and it should be done with the active central importance of giving workers “(t)he adoption of productivity- Philippon10 have shown that the participation of workers themselves. a voice as a socio-economic priority. enhancing technology is negatively quality of labour relations, and the There is abundant evidence that The question the WDR seeks to associated with the strictness of strength of trade unions in particular, the changing forms of work are answer – how can the changes some labor regulations, specifically were crucial factors in limiting the undermining workers’ voices; it is affecting work be influenced to have those with burdensome dismissal effects on unemployment of changes crucial to respond to this through a a positive impact – largely hinges procedures […] in the economic environment – or, to combination of effective regulation on this. It is therefore extremely put it differently, countries with bad and efforts to promote representative worrying that issues of concentration More stringent regulations are also labour relations tend to have higher workers’ organisations. and authoritarian control over the associated with lower entry and exit unemployment. Collective bargaining constitutes direction of technological change of firms—especially small firms— an institutional mechanism through are not addressed, except to warn of in industries in which labor moves Technology and Trade Unions which such organisations can work their consequence in a world where more frequently between jobs.” (pp. In light of the above, it is of with employers and states to ensure financial flows have been dangerously 107-08) The draft Report continues: particular concern that the draft a broadening of the protection they liberalised, namely massive tax “Firms could be given more flexibility Report has little to say on trade have obtained for their members. evasion. in managing their human resources unions and collective bargaining. There is perhaps no stronger contingent on the law mandating Indeed, they are only mentioned argument in favour of putting workers Technology and Social protection proper notice, the presence of in one paragraph (399; p. 1090). It at the centre of transformations than The draft Report emphasizes an adequate system of income is suggested that trade unions and the very agency they are showing the importance of moving towards protection, and efficient mechanisms collective bargaining are becoming worldwide. universal social coverage in the face to punish discrimination.” (p. 108) a less important mechanism for of changes in the nature of work. There are two problems with this addressing the conditions of labour. Indeed, whether they are driving This is presented as a solution to the approach; firstly, most governments The authors write, “strengthening an Uber or delivering meals on bikes, decreasing number of people covered only hear the first part of this message, the enforcement of labor laws and workers around the world seem to by contributory social protection, as which is most often supported by mechanisms to expand workers’ believe that trade unions can best well as a way to include those in the employers: “Firms should be given voices is a worthy goal as well. serve their interests by articulating informal sector. While we support more flexibility to hire and fire Moving to a simpler core contract their voice collectively. This should the objective of extending social workers.” This they implement; would require stronger collective not come as a surprise to the authors protection and agree on the need to without regard to the ‘contingency’. bargaining structures as fewer of the draft Report, who emphasize assess the relevance of contributory protections are prespecified in the in several places the importance social protection systems for the Secondly, the proposed conditions law. However, the significance of of empowering citizens to make future, we feel that the draft Report’s hardly constitute a serious such structures is declining: across demands on states for improved analysis and recommendations are engagement with the need to adapt high-income countries the share service delivery. Supporting workers problematic in at least three key worker protection to economic of workers covered by a collective to organise to shape the future respects. Firstly, the legitimate and technological transformations. agreement fell, on average, from of work is not only a question of affordability concerns raised in the ‘Proper notice’ is far too vague a term 37 percent in 2000 to 32 percent in democracy; it has direct relevance to report beg the question of what to provide meaningful protection, 2015. Also in 2015, 24 percent of the way in which technological change ‘universal coverage’ actually means. while discrimination has no specific employees were members of trade is adopted and how it influences There is a big difference between relation with technological change. unions, down from 30 percent in efficiency and social well-being. providing a lifeline and affording As far as ‘adequate’ income protection 1985.” (p. 108) In other words, rather Canadian ergonomist Karen Messing a decent level of socio-economic is concerned, it amounts to shifting than see the decline in union density thus shows how the ‘invisibility’ of security. Recent trends, notably the responsibility and associated and collective bargaining coverage many low-paid workers in service the growing participation of private costs to protect workers against loss as a call for concern that needs to sectors (mostly women) has led providers in healthcare provision of income from companies to society be addressed with better laws and to ways of organising production have increased the unevenness of (we return to this point in our last stricter enforcement, the World that harm the workers’ health in a social welfare, since service provision section on Technology and social Bank seems to be accepting union significant, yet unnecessary manner to the poor is less profitable and, as protection). Rather than increasing and collective bargaining decline – think of retail employees who are a result, secondary. Going beyond flexibility without counterpart, labour as an unstoppable trend, making it required to stand all the time, with a minimalist approach to social

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 39 International

protection requires a different located abroad; emphasizing the economy’, Rani and Furrer access is correctly emphasized. Yet, approach from the one presented possibility of raising domestic (op. cit.) show that platform contributory systems have allowed in the report, as we argue below. excise taxes on sugar and tobacco providers “circumvent the the construction of nationally- Secondly, what is proposed in the is hardly a holistic response. existing regulatory framework owned healthcare systems that draft Report effectively amounts Such a solution entails placing a and externalise the risks and have delivered affordable, quality to shifting the entire burden of huge burden on countries at the responsibility” (p.25). Recognising healthcare. The emphasis on financing social protection to expense of the companies that are these providers as employers and private provision or public-private nation states. This is quite explicit, effectively employing workers and holding them accountable is all partnerships as an alternative to with expanded social coverage benefiting from their labour. the more necessary for developing build state capacity to provide presented as a way to facilitate countries since platform-mediated quality public services for the many labour market deregulation. Yet, Contributory systems have work is associated with a marked has come under intense scrutiny due such a suggestion is extremely made it possible to involve geographical disconnect between to poor results. It would therefore problematic for two main reasons. corporations in the financing of the location of companies and that seem crucial to link a discussion From a fiscal point of view, healthcare; if anything, the current of workers. Last but not least, in of social protection financing with requiring states where workers changes in labour relations call line with most recent discussions one focused on provision; perhaps are located to pay for their social for a re-assertion of companies’ of social policy, the draft report the contributory system has more protection is tantamount to asking responsibility towards their focuses on financial issues rather to offer than meets the eyes of the them to subsidise the profits made dependent workers. Researching than on provision systems, even if report’s authors. by corporations that are often the growing global ‘platform the need for local clinics to facilitate

Don't look further By Thobile Maso

Don't look further Nothing is further than the truth. Where? In every capitalist society without exception has been imbued with these Workers produce food but they live in abject poverty features and properties, the social forms can appear different, but the They build houses, yet they live in slums functions of their capital forms are substantial the same in essence.

Workers build schools and universities, yet they can't afford an education How? They make warm clothes, but they have no winter clothes No one else and no class can free the working class, it is the act of the Workers make cars, but have no cars working class in itself, for itself that can free itself from the chains of oppression and exploitation, through conscious Why? Who owns the means of social production determines economic relations, Will, active and creative movement and that is how it can lead the society to designs the circumferences and defines the social life, the socialistion and freedom. the function of those who have to sell their labour power in order to survive When? What? The fight, the battle, the struggle and the war has been there, it is on and The modernisation and metropolitans are developed in the general lines it will be always on until the working class win the political power and of capitalism not in a transformative anti imperialist lines, but in a skewed violently, abolish the capitalist state and abolish exploitation of person by development that creates, cryptocracy, oligarchy, corporatocracy, in a profit person. captured of dog eat dog mentality.

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 40 Affiliates

SAMWU holds Regional Shopsteward Councils to rebuild the municipal union

SAMWU on the Path to Rebuilding and Renewal

he South African Municipal for the elections to begin in earnest. they will champion the interests of Deputy Chair : Bonnie Mogale Workers’ Union (SAMWU) RSSCs are a gathering of Shop workers in their respective regions Secretary : Masego Masedi. begun implementing the Stewards, new and old to not only and that above all, they will put the resolutions of its Central elect Regional Office Bearers (ROBs) interests of workers first.’ ‘We trust that these young workers tExecutive Committee held around but to also produce resolutions and will lead and champion the interests August 2019 to rebuilding the discussions which will feed into Meanwhile, SAMWU has of young workers in the province municipal union across all provinces. Provincial Congresses and ultimately successfully re-launched Young with diligence and dedication leading The Month of October saw the National Congress.’ Workers’ structures across all up to the launch of SAMWU Young municipal workers assembling in provinces. Workers provincial structure.’ various workplaces to hold Regional ‘We expect all of the union’s 37 The union’s May 2019 Central Shop Steward Councils (RSSCs) in regions to have completed their Executive Committee meeting ‘We are aware of the changes line with the union’s resolutions of RSSCs by the end of October, while resolved that in moving towards in the workplace and the fact that rebuilding and uniting the union. all 9 Provincial Congresses will be the 12th National Congress, the unions have not been appealing to concluded by the end of November union should launch young workers’ young workers across all sectors. ‘The Eastern Cape is leading the 2019. These processes will culminate structure in line with resolutions of This obviously requires change in charge, being the first province to hold in the union holding its 12th National our federations, COSATU. the attitude that unions have in their RSSCs with Nelson Mandela Congress which is scheduled to be organizing and recruiting young and Buffalo City holding their RSSCs held in March 2020.’ The elected leaders in Limpopo workers into their fold. from the 3rd October 2019,’ alluded are as follows: Koena Ramotlou, SAMWU General Koena concluded ‘We wish all Far North Region As we prepare for the 12th National Secretary. regions well as they embark on this North Region South Region Congress, we have already put important task of renewing and Chairperson : Maharda Mashell forward proposals for constitutional He said ‘The commencement of this rebuilding the union. We trust that Deputy Chair : Philelo Mulelo amendments which we believe process follows the near completion workers will emerge with discussions Secretary : Nightingale Magofe Congress will unanimously endorse of Shop Steward elections which were and resolutions which will assist in Chairperson : Hezekiel Sehlapelo thus constitutionalizing the SAMWU commissioned by the union’s May repositioning the union. We further Deputy Chair : Tebogo Nthala Young Workers structure’, said 2019 Central Executive Committee wish all those who will be elected Secretary : Khodhani Magwira Lehlogonolo Maphatsoe, SAMWU meeting which gave the go-ahead in these RSSCs well and trust that Chairperson : Bongani Nkonyana National Young Workers’ Convener.

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 41 Affiliates

POPCRU holds Provincial Shopsteward Council

Meanwhile, POPCRU NEC held to aimed at rehabilitations be grossly take stock of the final preparations took utilised to benefit foreign private resolutions to challenge employers companies. We need to have our own in the Criminal Justice Cluster such government facilities in this regard.’ as the South African Police Services, ‘The department must end the the Department of Correctional privatisation of corrections, and Services and also Traffic Departments. we want to strongly warn on the POPCRU General Secretary, pronouncements made about securing Nkosinathi Theledi said ‘we noted further private prisons in our country. that there is intransigence by the The non-payment of overtime and SAPS management which is clearly the improper payment for work leading towards the collapse of performed on Sundays are some of collective bargaining, wherein signed the issues that lead to the already low agreements are not implemented. This morale of the staff complement. We is mainly due to factional battles from call on all members to strictly comply the top management.’ with policies and procedures of the department of correctional services. POPCRU workers during the Shopsteward Council ‘To make matters worse, there is currently a clandestine restructuring ‘This includes not unlocking cells, process underway, which is not done not to escort offenders to courts or in accordance to collective bargaining hospitals when there is insufficient he Police and Prisons Civil International Conference Centre, processes at the Safety and Security manpower to do so.’ ‘The meeting Rights Union [POPCRU] fully in Durban, KwaZulu-Natal under Sectoral Bargaining Council (SSSBC). called upon the urgent involvement utilized the Month of October the theme “30 Years of Working The Special NEC has resolved to of the Minister of Transport, Mr Fikile to hold Provincial Shopsteward Class Consciousness, Defending litigate this and all other forms of Mbalula, in the finalisation of the tCouncils to ‘initiate discussions on Workers’ Rights and Building a Self- restructuring that are not in line with work traffic Law Enforcement Review important policy matters within the sustainable Union”. The Congress will set prescripts and procedures.’ Theledi Committee. This, in the main, must Criminal Justice Cluster building up to be followed by our 30th Anniversary declared that ‘we are aware that result in the nationalisation of traffic as the National Congress.’ rally which will be taking place on the Private prisons’ contracts are coming a step towards a single police service’, The 9th National Congress will be 9th of November 2019 at the Curries to an end soon, and should never be concluded Theledi. hosted at the Chief Albert Luthuli Fountain Stadium, Durban. renewed. No longer can the money

SASBO pickets against job losses in the finance sector

he current wave of retrenchments The banking sector union, SASBO ‘Companies must not be allowed requirements for workers to exercise is of great concern to the society mobilized its members against to retrench workers simply to make protest action to address socio- at large and not only trade retrenchments led by employers in profits. Collective bargaining itself economic issues affecting society at unions. Many have argued that the sector. SASBO argued that ‘the is constitutionally guaranteed and large’. On the 25th September 2019, tthe ‘consequence of trickle down maintenance of high levels of profits SASBO cannot sit back as jobs SASBO/COSATU appeared before economic policies in the labour market and bonuses to executives cannot be security is eroded through disguise Labour Court H.Rabkin-Naicker, who is that employers must be allowed a fair reason for retrenchments. South of introduction of automation and ordered that ‘the intended protest to hire and fire any time and for any Africa is facing a jobs bloodbath, with digitisation’, elaborated SASBO action did not enjoy the protections reason, including for increasing their unemployment sitting above 37% in General Secretary, Joe Kokela. afforded by section 67 of the LRA and profits. Such consequences have terms of the broad definition by 2017. SASBO sought to fight back by therefore interdicted COSATU and led to increasing levels of poverty, Youth unemployment sits above 66% utilizing the provisions of section 77 of SASBO and restraining its members unemployment and inequalities.’ and it is unacceptable.’ Nedlac which provides for ‘procedural from proceeding with, encouraging or

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 42 Affiliates

enticing employees to engage in the humans could do. As a result of and automatable tasks, the reduction union, adherence to Labour Laws and intended protest action.....’ On the these developments, some argue that of routine and automatable tasks Collective Bargaining, withdrawal of 25th October, SASBO reverted back large shares of jobs are “at risk of in the economy mainly takes place the Memorandum of Understanding to the picket lines across various automation”, spurring public fears of by adjusting the set of tasks within signed without our consent and Bank Branches to add more pressure massive job-losses and technological occupations (e.g. Autor et al., 2003, reversing of suspensions of workers’. on employers to halt retrenchments unemployment.’ Spitz-Oener, 2006). Workers seem and also re-tabled the matter at to shift worktime from routine and SAMWU General Secretary, Koena Nedlac Sanding Committee as part Challenges associated with automatable tasks to tasks that Ramotlou said ‘we have noticed of promotion of social dialogue to Artificial Intelligence [AI] complement machines. that since this administration came address socio-economic matters. ‘....when firms introduce new into office in 2016, there have COSATU has over many years production technologies, the initial The computerization for example been attempts by the City and its advocated in the Labour Market and impact of those machines on has been associated with a strong management to cause divisions Employment Policies for ‘preservation employment depends on whether decline in routine tasks. Spitz-Oener amongst workers, in particular using of the skills of the labour force workers are able to adjust to the (2006) finds that less than 1% of the the divide and conquer strategy and contributing to preserving the new demands. In particular, the new decline in cognitive routine tasks within SAMWU. To this effect, the capacity growth during recessions’. technologies typically substitute for between 1979 and 1999 in Germany City under the watchful eye of Mayor certain tasks and complement others. occurred between occupations, i.e. Herman Mashaba has sought to According to the paper released Whether automation technologies due to declining shares of cognitive- divide the union, collapse collective routine intensive occupation. Instead, bargaining and further entered into almost all of the decline took place illegal agreements without our within occupations – i.e. workers in consent.’ cognitive-routine intense occupations switching from cognitiveroutine tasks Meanwhile on the 21st October the to other tasks. More broadly, she finds Mayor of the City of Johannesburg the vast majority of task changes to delivered a bomb to the DA when he take place within rather than between resigned from the Party. The South occupations..’ Kokela concluded that African Municipal Workers’ Union ‘We reiterate that Sasbo is principally (SAMWU) welcomed the resignation and fundamentally opposed to job of City of Johannesburg Mayor losses / retrenchments. We remain Herman Mashaba. concerned about the high levels of unemployment (29%), the state SAMWU came out clear that ‘his of our economy, the current and resignation brings an end to his future impact of the 4th Industrial reign of terror in which workers Revolution, the direct and indirect and unions have been victims.’ societal implications, amongst others, ‘The City has under the leadership of we cannot afford for even one job to Mashaba used millions of Rands in be lost.’ litigation costs taking the union to court and lost every case right up to SASBO/COSATU Members picketing at the Standard Bank in Cape Town ‘In the coming Ordinary CEC, we the Constitutional Court. Despite the must engage on the posture of Nedlac ruling of the Constitutional Court, to protect jobs. We have resumed the City remains in contempt of the process to re-table the matter on court’, said Koena Ramotlou, General titled ‘Digitalization and the Future of replace workers in a given job thus the economic crisis affecting workers Secretary. Work: Macroeconomic Consequences, hinges on workers’ ability to exchange in South Africa’, argued COSATU June 2019’, by the IZA Institute tasks that are replaceable by machines Deputy General Secretary, Solly ‘Under the leadership of Mashaba, of Labor Economics alluded that for new tasks that complement Phetoe at the COSATU Extended the City has illegally withheld almost ‘Computing power continues to grow machines. For example, Automated National Organisers Forum and R30million of workers’ money in at an enormous rate. Simultaneously, Teller Machines (ATM) directly the Campaigns and Organizing its attempt to cripple SAMWU in more and better data is increasingly took over the tasks that bank tellers Committee meeting held on the Johannesburg. We have also learned available and Machine Learning previously did in banks. Nevertheless, 18th October 2019. We demand that individuals who had been methods have seen significant with the rapid increase in the number rescheduling of Labour Forums in the captured by Mashaba have now stolen breakthroughs in the recent past. of ATMs, the number of bank tellers City declares SAMWU R19 million with the help of Mashaba raised instead of declined. and municipal management.’ All this pushes further the Members of the South African boundary of what machines can do. While ATMs replaced bank tellers Municipal Workers’ Union came in Ramatlou argued that ‘Workers Nowadays increasingly complex in some tasks, bank tellers became large numbers to protest against union have felt the wrath of Mashaba for tasks are automatable at a precision more valuable in their remaining bashing by the Mayor of the City of the past 3 years, with the Mayor wwhich seemed infeasible only few tasks, such as handling small Johannesburg, Herman Mashaba on prosecuting workers through the years ago. The examples range from business customers (Bessen, 2015). the 17th October at Braamfontein. media without any shred of evidence. voice and image recognition, playing Several studies suggest that this Workers listed numerous issues To this day, many workers have been Go, to self-driving vehicles. adjustment mechanism may actually and demanding accountability on placed on extended suspensions.’ Machines are able to perform be quite effective. For instance, the over R29 million stolen by the more and more manual and also although there has been a decline City and its accomplices, immediate cognitive tasks that previously only in jobs with predominantly routine payment of subscriptions to the

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 43 Affiliates

SATAWU demand safety at workplaces

o mark Transport Month for instance, are not provided with work with cash. poor but given the prevailing state of SATAWU members at firearms even though they are fully affairs at the agency, it is no wonder it Passenger Rail Agency of trained and incidents they attend Plus Prasa has stopped holding is unable to meet this primary goal’, South Africa (Prasa) held to are dangerous as culprits are meetings with employees and unions said Mazibuko. Other pickers were nationwidet lunchtime pickets, to often armed. to apprise them of safety hazards held at Gauteng South Rail Depot in raise concerns about safety at work. and how to mitigate them. This Springs to raise their concern about In Gauteng, pickets took place at Nor are they provided with partly explains why the Rail Safety issues of safety at work. Pickets at Umjantshi House in Park protective vests or batons with Regular (RSR) continues to renew Station, Pretoria Main Station in which to defend themselves’, Prasa’s operating license every six Meanwhile, Private security wage Tshwane. said SATAWU General Secretary, months instead of granting if for the negotiations have reached a deadlock, Jack Mazibuko. Mazibuko said full 36 months.’ with all parties involved in a ‘last- ‘Workers are concerned about ‘In addition, Protection Services ditch effort to reach an agreement.’ issues of safety as a condition of members who are charged with ‘The fact is Prasa’s monopoly SATAWU members demand a living service. The threat of attacks and patrolling the yards where train sets has an unintended consequence wage in the security sector. hijackings faced by train drivers are kept at night lament the lack of in that if the regulator revokes its SATAWU said ‘Private security daily is a matter of public record. proper lighting; while those who fix operating license, millions of South unions were set to meet employers However, other Prasa employees also trains rely on their cellphone torches Africans who rely on it for their daily at the Commission for Conciliation, commute will Mediation and Arbitration (CCMA) be left stranded. on the 7 November, for a last-ditch This explains why effort to reach a settlement.’ the rail agency’s management has ‘Parties last met at the CCMA on adapted a laissez- 23 October, when employers put a faire attitude 7.18% increase offer on the table. opting to pay The offer was, however, rejected as fines levied by it did not come close to the salary the RSR rather adjustment workers are seeking. than comply with Workers are adamant they want regulations. a salary adjustment to R7 500 for Grade C officers, R8 000 for Grade The same B and R8 500 for Grade A officers. attitude has Currently security officers are resulted in Prasa’s paid R4 377, R4 981 and R5 558 abysmal financial respectively.’ SATAWU argued that state. Worse ‘Employers’ latest offer translates to still, on auditing a R314 increase for each of the three Prasa financial years of the proposed agreement and statements, would ultimately see Grade C officers Auditor General paid R5 320 by the third year.’ Kimi Makwetu gave the rail The CCMA commissioner directed agency a the parties to negotiate picketing disclaimer of rules in the interim. The nine unions opinion saying with seats within the bargaining assets, fare council have a collective membership SATAWU workers protesting revenue and other of 150 000 out of the almost 500 to complete tasks because the financial information had not been 000 total industry workforce. workshop is poorly lit; and properly accounted for.’ Negotiations started in August. customer services personnel complain about unsafe conditions at feel vulnerable as no protection is ‘Prasa is mandated to provide work. Protection Services members, provided for them even though they affordable transport for the country’s

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 44 Commentary

Evolving intelligence: Varsities must prepare graduates for the new revolution By Professor Tshilidzi Marwala

s we adapt to this changing at a turning point in the widespread (UJ) launched the Intelligent Systems Davies, Deloitte’s managing director of landscape, part of our role as application of advanced intelligence. Institute (ISI). The output of the ISI is emerging markets and Africa, puts it: “Are institutions of higher learning That evolution is – among other things – the children’s book, My First AI Book: your jobs being taken? Maybe they have has to include teaching our creating exciting new career opportunities Artificial Intelligence and Learning. This been displaced somewhere else. Jobs are Astudents about the Fourth Industrial in nearly every sector of society.” book is being translated into our local not destroyed; they are just displaced. The Revolution. It is not enough for us to Is it perhaps time to follow suit in this languages, including isiZulu and Venda. challenge for us in our part of the world is adapt; we have to ensure that they can regard? MBZUAI has partnered with the Furthermore, this book is being converted – how do we capture the displacement?” adapt too. Abu Dhabi-based Inception Institute of into other media platforms, such as short Artificial Intelligence (IIAI), an applied movies. As South Africans, we should position A year before his death, Michelangelo, research lab, to supervise doctoral students ourselves in such a way that we are not who was an accomplished sculptor, and curriculum development. This comes UJ this month launched the AI in playing catch-up but rather that we are painter, architect, and poet of the High after the country also appointed the the 4IR short learning programme leading the revolution. Here, universities Renaissance inscribed “Ancora imparo” world’s first Minister of State for Artificial aimed at all first-time entering first- play a fundamental role in developing (I am still learning) on a sketch. This is Intelligence, Omar Al Olama. year undergraduate students to develop skills for future generations. The changes the premise of education in the Fourth students’ awareness of AI, its applications, to industries, as we are now seeing, Industrial Revolution (4IR) era. In the In 2005, the then president of SA, and its implications for society and the require the reskilling and upskilling of 4IR we have to learn, relearn and learn. Thabo Mbeki, launched the African future of work. It also serves as a platform our workforce to close the skills gap. The Learning is Moses and the Prophet in the Advanced Institute for Information and to teach students where they fit into the focus is to keep up with rapidly-changing 4IR. Studies have shown that the 4IR, Communication Technology, also called industrial changes that accompany the industries. Graduates should be equipped based on technologies such as artificial the Meraka Institute, which is based at 4IR. with transferrable skills through a broad intelligence (AI), which is when machines the Council for Scientific and Industrial range of job opportunities and assisted mimic human thinking – and in many Research. When Mbeki mooted this The 4IR is rapidly changing industries. in adjusting their approach to solving instances surpass it – has the potential to institute, he wanted it to offer doctoral For example, in the manufacturing sector, business problems in dynamic industrial disrupt every industry. degrees. Some of the projects that it operators can adjust the behaviour of environments. focused on were the use of AI in speech robots in real-time and increase the A 2017 McKinsey report predicted that recognition. Unfortunately, much of its capacity to support human operation and As a university, our role is to prepare by 2030, as a minimum, a third of the initial mission was never fulfilled, and safety standards. South African Breweries graduates for the world of work, and some tasks of 60% of jobs could be automated. it did not emerge as the AI hub it was in 2018 invested R438-million to expand of these graduates pursue postgraduate We cannot remain static in the face of this intended to become. Now that President and further automate the Ibhayi Brewery work or further study. This is challenging paradigm shift, and we certainly cannot be Cyril Ramaphosa has appointed the in Port Elizabeth. At one time, the the traditional ways we view curricula and complacent. This month, on 16 October, Presidential Commission on the Fourth Ibhayi Brewery was the most automated teaching methods. As we adapt to this the UAE announced that it would pilot Industrial Revolution, is it feasible for brewery in the southern hemisphere. changing landscape, part of our role has to the first university to have a singular South Africa to establish the National In accounting, there is a move towards include teaching our students about the focus on artificial intelligence (AI). This Artificial Intelligence Institute? One way machines that analyse balance sheets and 4IR. It is not enough for us to adapt; we is part of the UAE’s AI strategy, which of doing this is to repurpose what remains detect fraud, which eliminates accounting have to ensure that they can adapt too. As focuses on developing a workforce versed from the Meraka Institute to create such errors and ultimately reduces the liability Bruce Lee’s book Tao of Jeet Kune Do put in rapidly-advancing technology, which an institute. of accounting firms. it: “You must be shapeless, formless, like will undoubtedly transform economies water. When you pour water in a cup, it worldwide. What are universities doing in Entering a new revolution is not becomes the cup. When you pour water this regard? without its challenges. Some fear that the in a bottle, it becomes the bottle. When The Mohamed bin Zayed University of Universities are getting ready for the 4IR will result in talent shortages, mass you pour water in a teapot, it becomes the Artificial Intelligence (MBZUAI), a new 4IR. For example, the Johannesburg unemployment, and growing inequality. teapot. Water can drip and it can crash. graduate-level AI research institution in Centre for Software Engineering, based A recent report by the consultancy firm Become like water my friend.” We have to Abu Dhabi, will accept applications for at the University of Witwatersrand, is Accenture concluded that approximately become more adaptable. DM its first masters and doctoral programmes one such initiative. The Absa Chair of six million jobs in South Africa are at risk this month, with classes scheduled Data Science at the University of Pretoria, of automation in the next seven years. Marwala is a professor and the vice- to begin on September 2020. As the which is headed by my former master’s The study highlighted that both blue- chancellor of the University of Johannesburg. university’s interim president Professor student Dr Vukosi Marivate, is another and white-collar jobs are at risk. These He deputises President Cyril Ramaphosa on Michael Brady puts it: such initiative. occupations include clerks, cashiers, bank the South African Presidential Commission “Following decades of research into tellers, construction workers, mining, and on the Fourth Industrial Revolution. machine learning and AI, we are now The University of Johannesburg maintenance staff. However, as Dr Martyn

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 45 Commentary

A Call on the 6th Administration to Improve the state of the Minibus Taxi Industry By Siyabulela Fobosi

uring this October Transport there were 35 718 un-roadworthy minibus in April 2019, to among other things getting their old taxi vehicles scrapped. Month 2019, it is important to taxis. It remains unclear clear how many encourage the so-called collaborative taxi • In order to avoid unnecessary acknowledge the role played minibus taxis there are in South Africa. industry ownership and operating models competition and conflict between by the minibus taxi industry The industry is recognized as the genuine through structures such co-operatives and taxi owners, perhaps, there should be Din the everyday lives of people around example of Black Economic Empowerment cooperation. While it remains unclear how clear guidelines on how the routes are the world and facilitates access to social (BEE), the recent Broad-Based Black this collaborative taxi industry ownership allocated. mobility. Its role is mostly visible through Economic Empowerment (BBBEE). It is will be implemented, it is hopeful that it • The taxi associations can play an the influence it has on the access of people the only sector where black people control will reduce instances of taxi violence. important role in this regard, since to places of work, study, healthcare and an entire sector through their ownership of In terms of the provision of subsidies routes are allocated in accordance with overall economic growth. The industry the taxi mode of transportation. However, to the public transport sector, government the registration of taxis to the Provincial forms an integral and complex part of the the taxi operators operate entirely in the overlooks the minibus taxi industry. The Regulatory Entities (PREs) and taxi South African public transport sector. informal sector. industry, by the fact that it transports associations. most people in the country, is a deserving • As such, there should be consultations The business operations and activities Noting that SANTACO recently recipient of public transport subsidies. between PREs and associations on how within this industry can be described as acquired a 25% shareholding from the SA However, this remains a challenge given to go about allocating routes. largely informal and unregulated, being Taxi – a major subsidiary of Transaction its unregulated and informal nature. • Reconstruct the minibus taxi industry a fabric of economic relations between Capital – for R1.7 billion in a historic While the industry is currently so that they form co-operatives – taxi taxi owners, taxi drivers, taxi users, transformational ownership transaction. not subsidised, what is required to operators should hold a Taxi Indaba and government, vehicle manufacturers, This is after several engagements between implement subsidies within the industry discuss the possibilities of forming taxi and other transport-related businesses. SA Taxi and South African National Taxi is an accounting system, though this is not co-operatives, so that they can benefit Given this, it therefore makes sense to Council (SANTACO) over the years, for the possible in the informal nature in which from subsidies. argue that the taxi industry as structurally industry to be formalized and participate minibus taxis operates. • Important of the taxi operators forming situated in the informal economy is closely in revenue streams. Through supporting co-operators. In other words, how to linked to/with the formal sector/economy. the entirely black-owned industry, the SA The 6th administration should, therefore, implement the collaborative minibus Such business operation involves the Taxi partnership with SANTACO is a case consider the challenges related to public taxi industry ownership and operating conveyance of people from different points of BBBEE. While the SA Taxi provides transport, for example, having to do with models, as announced by the former of departure to destinations all over the financial support to the taxi operators, the regulation of the minibus taxi industry. Minister of Transport. country. it also re-builds, re-sells, insures and It is critical to note that the industry • Ensuring that the minibus taxi refinances pre-owned minibus taxis. SA remains a major role player in the economy industry employees have contracts While the industry plays this role, it Taxi insures more than 85% of its financed of the country, and employs a number of employment. In this regard, the continues to face challenges related to the taxi operators – the taxi operators. of people directly, including drivers, rank Department of Labour (DoL) and stiff competition over routes; increasing marshals, etc. the South African Transport and illegal operators; taxi violence; and The industry has 68.8% public transport Given that South Africa continues to Allied Workers Union (SATAWU) precarious working conditions. Despite market share, with 16 million of people face high unemployment and poverty should be consulted. This relates to the seeming progressive contribution of in South Africa estimated to use minibus rates, the importance of the industry as ensuring compliance with the Sectoral the minibus taxi industry to the economy taxis. Approximately R90 billion revenue is situated in the informal sector should not Determination for the Taxi Sector, as and to the lives of owners, employees, generated from fares collected per annum be underestimated. implemented by the DoL. passengers and informal traders, the across the country. However, there different Moreover, the taxi industry has an • Also, consider ways to integrate the industry is fraught with problems with estimates concerning revenue generation in opportunity of benefiting from the industry in the Integrated Public respect to competition between legal and the industry.Any revenue estimates seem economic empowerment as a result of the Transport Plans. illegal operators.There continues to be un- to be the result of educated guesswork participation in the full public transport roadworthy and unlicensed minibus taxis, given that taxi fares are unregulated and sector. Therefore, from this October Transport putting the lives of minibus taxi employees that taxis operate on a cash basis. There are Month 2019 onwards, for the industry to and commuters at risk. about 123 000 individual taxi operators in Given the informal and unregulated participate fully in the public transport South Africa. The industry spends about context of the minibus taxi industry – this sector, there needs to be a focus on training The un-roadworthy minibus taxis are R39 billion per annum on fuel. It also, October Transport Month 2019, I would and business development. those whose owners failed to submit spends about R2 billion on insurance. like to bring the following issues to the The integration of the industry into their vehicles for compulsory annual road attention of the 6th administration: a larger public transport scale with the worthy tests or change of ownership. The The October Transport Month 2019 • The need to reform statistics on the provision of subsidised public transport unlicensed minibuses are those whose taxi is the first of the 6th administration. It number of legal and illegal minibus taxis services may offer new opportunities. owners failed to renew their vehicle licenses comes at a time when the Department • Regulate the minibus taxi industry within the allowed timeframe. of Transport introduced the Revised Taxi to ensure that all taxi operators have Article written by Mr Siyabulela Fobosi, a In December 2016, it was estimated that Recapitalisation Programme (RTRP), operatinglicenses and benefit from PhD Candidate, University of Johannesburg

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 46 Commentary

Why should the LRA prevail during its conflict with the Companies and the Banks Acts? by Xolani Nyamezele

Background to the Article the conflict between the LRA and the (i) orderly collective bargaining; as follows “(1) (a) If there is a dispute t would be prudent for me to other two Acts are concerned i.e. both (ii) collective bargaining at sectoral about the fairness of a dismissal, first indicate from the onset the Banks Act and the Companies Act. level; or a dispute about an unfair labour that as a general legal principle My article will analyse the current (iii) employee participation in decision- practice, the dismissed employee or the conflict between the Labour Court decisions and the three pieces of making in the workplaces; and the employee alleging unfair labour RelationsI Act (herein referred to as legislations that are in conflict. (iv) the effective resolution of labour practice may refer the dispute in “the LRA”) and other legislations disputes. writing to- is well established by jurisprudence Literature Review (i) a council, if the parties to the wherethe LRA was held to supersede The LRA can be referred to Amongst the crucial aspects in the dispute fall under within the any other Act that is in conflict with as a Constitutional Act or Law. LRA are that its interpretation as per registered scope of that council; or it. This expression has unfortunately This being the fact that it was intended section 3 must be done to give effect (ii) the Commission, if no council has been elusive or avoided by the decision to effect Section 23 of the Bill of to its objects, the compliance with the jurisdiction makers when it relates to the conflict Rights contained in the South African South African Constitution and the (b) A referral in terms of paragraph (a) between the Companies Act, Banks Constitution. I find it imperative to compliance of South Africa with its must be made within- Act and the LRA. highlight the primary objectives of International obligations. South Africa (i) 30 days of the date of dismissal or, The article seeks to prove that the the LRA even before I can delve on it has signed a number of International if it is a later date, within 30 days Companies Act and the Banks Act are supremacy. This approach will help Labour Organization conventions, of the employer making a final in direct conflict with the LRA.There in analysing its supremacy thereof as which I am not going to deal with decision to dismiss or uphold the are conflicting judgments of the Labour the purposes and objects will provide them in my analyses. dismissal; Court in this regard and this makes the a prism through which this article and In order to implement the purposes (ii) 90 days of the date of the act issue to remain unresolved. It is worth arguments rely on. and the primary objects of the LRA, or omission which allegedly mentioning that the latest Labour the Commission for Conciliation, constitutes the unfair labour Court judgment on the matter took a TheLRA captures its purpose a nd Mediation and Arbitration (CCMA) practice or, if it is a later date, swipe to the other Court decision that primary objects in Section 1 as follows was established and it was given within 90 days of the date on is contradictory to it. “to advance economic development, powers to accredit Bargaining Councils which the employee became aware social justice, labour peace and the in all the sectors that meet the criteria of the act or occurrence.” The analysis in this article will prove democratization of the workplace by to form Bargaining Councils. It is without any doubt that section that the latest Court judgment is based fulfilling the primary object of the 191 of the LRA seeks to give effect to on a misconstrued existence of the LRA, which are- Section 185 of the LRA gives section 185 of the LRA.My assertion Supreme Court of Appeals decision (a) to give effect to and regulate the employee’s rights not to be subjected here is informed by the fact that resolving the issue. I find the decision fundamental rights conferred by to unfair labour practices and not to section 191 of the LRA deals with the relied on dealing with a totally different section 23 of the Constitution of be unfairly dismissed. It becomes a consequences of alleged violations of matter. My analysis will prove that the the Republic of South Africa, 1996. responsibility of every employee to section 185 of the Act which proffers Supreme Court of Appeals decision safeguard and exercise his or her rights rights to employees not to be unfairly had nothing to do with the conflict (b) to give effect to obligations in order to enjoy them unconditionally. treated or dismissed. between these two legislations and the incurred by the Republic as a Section 210 of the LRA is one of the LRA. member state of the International cardinal points of the Act that is meant Section 191 of the LRA through Labour Organization; to guarantee its supremacy. It reads as the usage of the phrases “may refer It will prove that the Supreme Court follows: “if any conflict, relating to the the dispute” allows or rather gives a of Appeals did not have an opportunity (c) to provide a framework within matters dealt with in this Act, arises discretion to an employee to either to deal with the issue of the conflict which employees and their trade between this Act and the provisions choose to refer the dispute or abandon between these Acts. The aspect that the unions, employers and employer’s of any other law save the Constitution it. The discretion would be exercised by Supreme Court of Appeals dealt with organizations can- or any other Act expressly amending an employee without any constraints is not in dispute as it is an established this Act, the provisions of this Act will or hindrances. There are no conditions law that labour law proceedings are (i) collectively bargain to determine prevail.”It is against this background enacted in order for an employee to legal proceedings. It is true that the wages, terms and conditions of that the supremacy of the LRA is meet prior to a referral to the CCMA Supreme Court of Appeals dealt with employment and other matters of asserted. to exercise his discretion or rights the issue of business rescue but from mutual interest; and save that the dispute must be referred a different legal perspective as it dealt (ii) formulate industrial policy; and Section 191 of the LRAis within the prescribed time period of with the Arbitrations Act 42, 1965. (d) to promote- titled“Disputes about unfair dismissals either 30 or 90 days depending on the The mischief still exists as far as and unfair labour practices”and reads cause of action.

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 47 Commentary

The Companies Act 71 of 2008 It is without any doubts that Constitution cannot be invoked in the business rescue practitioner or a in paragraph 133, titled “General arbitration proceedings under this regard due to the fact that, the Court Order to proceed with the legal moratorium on legal proceedings the auspices of the CCMA and LRA neither clashes with any of the proceedings. They both suspend the against company” reads as follows “1. the Bargaining Councils are legal values nor violate any other right that time period provided by the LRA in During rescue proceedings, no legal proceedings. I need not deal in depth is guaranteed by the Constitution. which to refer and finalize a labour proceeding, including enforcement with this aspect as it is a legally Section 1 of the LRA, captures part law dispute. action, against a company, or in established principle. Therefore, the of its purposes to be Social Justice. It does not matter whichever relation to any property belonging to CCMA processes will squarely fall Social justice can be contextualised way an aggrieved employee choses the company or its lawful possession, under the category of processes that in a laymen’s language to mean free to pursue as per the Companies may be commenced or proceeded are restrained by the Companies Act accessibility to judicial institutions and Banks Acts. The reality is that with in any forum except- and the Banks Act. and the right to be heard expediently. the process will have an impact on (a) with the written consent of the It is an open secret that approaching speedily resolution of the dispute in practitioner; It is of course important to indicate a Court of law in our country needs a question. The companies and Banks that both Acts do not impose a person to go deeper into his pockets acts will again be in conflict with the (b) with the leave of the Court and blanket approach for prohibition of in order to be guaranteed success. Act as far as expedition of labour in accordance with any terms the legal proceedings. This is against the There are of course institutions disputes is concerned. Therefore, the Court considers suitable; background that I have observed in that help people freely but they are LRA has to prevail. (c) as a set off against any claim a number of decisions that I came still subjected to certain conditions made by the company in legal across that tend to ignore this fact like assessment of affordability. Legal Position proceedings, irrespective as they would just dismiss a matter The reality in South Africa is that a Chetty v Hart (20323/14) [2015] whether those proceedings on the basis that an institution lacks person may be presumed to be above ZASCA 112 (4 September 2015). commenced before or after the jurisdiction. Usually this presumed the quantum set by an institution in In his judgment the Honourable business rescue proceedings lack of jurisdiction is not clarified as order to qualify for help but only to Justice, A Cachalia, decided that began; it should be subject to all the aspects find that the person cannot afford arbitration proceedings are legal (d) criminal proceedings against the identified by the Companies Act and any legal costs. proceedings as per section 133 (1) company or any of its directors pending leave from a Court as per of the companies Act. The issue in or officers; or the Banks Act. The requirement for a Court order front of him was whether arbitration (e) proceedings concerning any Irrespective of the above, section before litigating against a company proceedings are legal proceedings property of right over which the 191 of the LRA does not put any that is under business rescue or a as per section 133 (1) of the company exercises the power of conditions for an Applicant prior to Bank, makes the task of an ordinary Companies Act. Secondly the Court a trustee; referring a dispute to the CCMA. person who seeks to exercise his had to decide whether arbitration (2) During business rescue Then it would not be a correct rights as granted by sections 185 proceedings initiated without the proceedings, a guarantee or procedure for any other legislation and 191 of the LRA respectively very knowledge and failure of the litigant surety in favour of any other to put hindrances to an employee difficult. I want to argue that this to follow the restrictions imposed person may not be enforced by in order to refer the dispute to the makes the principle of social Justice by the Companies Act are nullity. any person against the company CCMA and exercise or enforce his a pie in the sky for numerous South This was because it subsequently except with leave of the Court rights. Africans who might be affected by transpired that Chetty failed to and in accordance with any terms the restraints of both the Companies comply with the moratorium the Court considers just and I find the prescribed requirements and Banks Act. imposed by the Companies Act or equitable in the circumstances. on both the Companies Act and the to get permission to proceed with (3) if any right to commence Banks Act in direct conflict with It is also my submission that this legal proceedings from the business proceedings or otherwise assert the LRA hence the LRA should aspect will work against the very rescue practitioner. a claim against the company prevail under these circumstances. foundation of having institutions is subject to a time limit, the This does not underestimate the like the CCMA. The CCMA was The second aspect of the arguments measurement of that time rationale behind the restrictions by established as a tribunal that will in this judgment for the purposes of must be suspended during these two pieces of legislation but ensure that the red tape connected this analysis will be irrelevant. It is the company business rescue eventually they are in opposite angle to litigation is cut off. Amongst other due to that reason that I propose proceedings.” with the LRA. I have already alluded things, the LRA was meant to deal not to pay any attention to it. The to the fact that section 185 of the LRA with labour law disputes without Honourable Court affirmed that The Companies Act, works confers a right to an employee not to financial burdens to its users hence arbitration proceedings were legal in tandem with the Banks Act, be unfairly dismissed or subjected to there are restriction through rule proceedings. This issue is not in depending on the institution that unfair labour practices. It is logical 25 of the CCMA rules on legal dispute and has not been contested seeks to exercise rights enshrined therefore, that there must be means representation in matters related to as far as the conflict with the LRAis in one of these Acts. The Banks or an instrument in place of testing dismissal disputes. concernedand so I will also not spend Act through section 69.6 reads as whether that right has been violated any energy on it. follows “while such Bank is under or not. The CCMA is entrusted a curatorship- responsibility by the LRA to deal The fact that arbitration (a) all actions, legal proceedings, Hence section 191 of the Act with disputes expeditiously. Both proceedings are legal proceedings the execution of all writs, had to be enacted. It is crucial to the Companies and Banks Act puts does not negate section 210 of the summonses and other legal take note that the rights provided moratorium on legal proceedings LRA. The most interesting question processes against that Bank shall by section 185 of the LRA are not against an entity (company or is whether this judgment can be used be stayed or not be instituted or subjected to any restrictions. It is Bank) that is under business rescue to argue or justify the moratorium on proceeded with without leave of further my contention that section until the business rescue process is both the Companies and Banks Act the Court;” 36 (1) (limitation clause) of the finalised or either with the leave of not to be in conflict with the LRA.

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 48 Commentary

I beg to differ with the protagonists (1)(a) of the Companies and the In NUMSA obo members v Motheo legal position. of the argument, that the Supreme dispute resolution provisions set Steel Engineering (J 271/2014) I have also shown that there is an Court of Appeals resolved the out in the LRA, it appears to have [2014] ZALCJHB 315, Judge unambiguous conflict between the conflict between the LRA and the been settled by the recent decision Lagrange decided that “In terms of two laws and the LRA, because the two legislations. of the Supreme Court of Appeal s210 of the Labour Relations Act LRA seeks to expedite labour law My view here is informed by the in Chetty”. CCMA Case Law for 66, 1995 a matter dealt with in that disputes and both the Companies fact that those who seek refuge Commissioners, 7th Edition, 2018. Act prevails over the provisions of Act and the Banks Act are intended under this judgment ignore the fact I respectfully submit that the any other law save the Constitution to delay the execution of the that, the arbitration proceedings Court erred on relying on the Chetty or any Act expressly amending it. disputes. in question were not under the decision of the Supreme Court of I am satisfied that s133 (1) of the auspices of the LRA. There was no Appeals. The Court also erroneously companies Act 71 of 2008 does not Lastly, I have shown that section employment relationship between claimed the issue of conflict between expressly amend the LRA, and in so 133 (1) of the Companies Act read the involved parties. The parties the Companies Act and the LRA far as it prevents legal proceedings in collaboration with section 69.6 of were instead bound by private was settled by the Chetty matter. I without the leave of the Court or the the Banks Act are in direct conflict contractual arrangements. have already alluded to the fact that business rescue practitioner, it does with section 191 of the LRA. This is the Supreme Court on the Chetty not prevent the applicant bringing informed by the fact that both put The arbitration in this process was matter did not deal with arbitration this application”. This judgment has moratorium on legal proceedings by under the Arbitration Act 42, 1965. proceedings under the LRA, but, been viciously attacked in numerous an employee who seeks to exercise This Act does not fall under the LRA rather arbitration proceedings fronts. I do not intend to respond to his right not to be unfairly dismissed neither does it amend it and it is under the Arbitration Act 42, 1965. its critics, but, I align myself with or subjected to unfair labour applied totally differently from the I find that the Court failed to draw it for the reasons I have already practices as per section 185 of the manner the arbitration proceedings a distinction between arbitration articulated above. LRA, whilst section 191 of the LRA under the LRA are applied. Its proceedings under the Arbitration grants an unconditional discretion remedies are also subjected to Act and those that are conducted Conclusion to an employee to decide whether different procedures when they are under the LRA. I will not rehearse I am convinced that I was able to to refer a dispute to the CCMA (a in dispute. Therefore, to equate the distinction that I have already show that the Chetty matter dealt Bargaining Council if it exists) or this judgment with any arbitration drew between these two legislations. with a totally different issue that was rather abandon the dispute. process under the CCMA or not related to the conflict between Bargaining Council is legally flawed. The Court went further in this section 133 (1) of the Companies Literature List judgment to conclude that “the Act, section 69.6 of the Banks Act 1. The Labour Relations Act 66, Another aspect of importance moratorium does not result in the and the LRA. The dispute in front 1995 as amended. is to observe that the Honourable employees forfeiting their claims, of the Supreme Court of Appeals 2. CCMA Case Law for Court did not have an opportunity but rather, that the claims are in this regard was in terms of the Commissioners; 7th Edition; to compare the Companies Act to merely suspended pending the Arbitration Law and not the LRA. 2018. theLRA. This was because the dispute finalization of the business rescue 3. Southern African Legal had nothing to do with the LRA. I processes”. CCMA Case Law for The Court was required to decide Information Institute (SAFLII). find that it would be a misconception Commissioners, 7th Edition, 2018. whether the Arbitration proceedings 4. Google under the circumstances to compare Whilst I concur with this under the Arbitration law were 5. Chetty v Hart (20323/14) [2015] this judgment to section 210 of the interpretation of section 133 (1) the legal proceedings as anticipated by ZASCA 112 (4 September LRA. It is due to this reason that the Companies Act, the court failed to section 133 (1) of the Companies 2015). comparison is irreconcilable as this appreciate that section 191 of the Act. Secondly, if the Court decides 6. Sondamase and another v judgment does not set any precedent Act gives an employee an unfettered that the arbitration process under Ellerines Holdings Limited and in this regard. I had not seen any discretion to either refer a dispute the arbitration law was a legal another (C 669/14). section of the Arbitration Act that to the CCMA (Bargaining where it process, as per the Companies Act 7. NUMSA obo members v Motheo equates it to the LRA. I did not find exists) or to abandon it. Conversely to nullify the arbitration award as it Steel Engineering (J 271/2014) any section of the Arbitrations Act, the Companies Act puts constraints was rendered in a process that was [2014] ZALCJHB 315. 42 1965 that has a superior clause to that right or discretion of the contrary to the dictates of section 8. Companies Act 71, 2008. as section 210 of the LRA. Then it employee. 133 (1) of the Companies Act, due 9. Banks Act 94, 1990. is my contention that the judgment to the fact that it was not observed 10. Arbitration Act 42 of 1965. had nothing to do with the LRA. The second thing that the Court by Chetty prior to the arbitration Therefore, the LRA prevails. failed to consider is the fact that proceedings. The article was submitted by Xolani during business rescue a company is Nyamezele. In Sondamase and another v still at a better stage than when at I can confidently, conclude that Ellerines Holdings Limited and liquidation. Then employees would with due respect to the Honourable Disclaimer: kindly take note that another (C 669/14), the Labour be adversely affected if the business Courts, as far as Sondamase and the article is written on personal Court defined the purpose of section rescue process fails as success is other decisions rely on Chetty to capacity and the views expressed in 133 (1) of the Companies Act. This not guaranteed. Lastly, the process advance their argument of non- it are personal and not a reflection of issue is immaterial in my analysis is prolonged to the detriment of an existence of a conflict between these any views held by the Commission and has no impact on the conflict employee whose future is held at two laws and the LRA. They are a for Conciliation, Mediation and between the Companies Act and the ransom and that becomes in direct miscarriage of justice or an error Arbitration (CCMA) on this matter LRA. As a result of this view I will conflict with the spirit and purport in law due to the fact that they are of any legal aspect. not deal with it. of the LRA which seeks to expedite conceived on a wrong legal principle The Court went further to decide labour disputes. that Chetty put to rest the issue of that “it does not appear to that there conflict between the two laws and is any conflict between section 133 the LRA which is not an accurate

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 49 Commentary

Access to health is human right By Lelona Mxesibe

onversations surrounding In South Africa, the most unequal and the economy. It is vital role in Taking a holistic, rather than simply access to quality healthcare society in world, safe and quality socio-economic development. symptomatic, approach to primary are currently dominated by healthcare shouldn’t be something Healthcare cannot be viewed in healthcare, this community practice high-level policy discussions monopolised by the rich, and lower- isolation; in one way or another, it boasts a wide range of services, such inC relation to the National Health income families shouldn’t be pushed forms the basis for the realisation of a as a 24-hour emergency facility, a Insurance [NHI]. These discussions deeper into poverty, while trying to wide variety of socio-economic rights, pharmacy, a mother-and-child area, are often far removed from community- access their right to health services. which is why the NHI is a much- HIV and TB counselling, community driven commitments to creating more needed step in the right direction. psychiatry, and dental health. equitable realities, a richness of which Fairness: NHI is response to Referring to the implementation of Invested community members, exist on the ground. global call the NHI, former minister of health, who trained to become community While some might argue that there Aaron Motsoaledi said ‘The first five healthcare workers, have committed Access to healthcare is a human right are other pressing sectors, other than years will be a process of building and themselves to registering people for in South Africa. This encompasses health, that our government could preparation. Our first job is to uplift healthcare and then following up with individual health and the overall prioritise, like addressing problems in the public health sector so that it is in them. With their help waiting times well-being of communities. Universal our education system, it is important a proper state for the NHI.’ for primary healthcare are just 22 Health Coverage [UHC] forms part of to realise that health plays an essential minutes. an intergovernmental agreement by role in socio-economic development. This uplifting, as well as the Comprehensive healthcare has been states to promote healthy lives and to In fact, healthcare can actually be seen debate surrounding the NHI, should made available to over 3 000 registered ensure the well-being of all people. as the bedrock for this development, be informed by examples of real families-and 79% of cases before the The World Health Organization’s with access to quality health services, communities and people who have CCP being successfully resolved. UHC2030 aims to ensure that everyone being able to, for example, improve been working for years to make has access to quality healthcare, despite school attendance and concentration. primary healthcare more accessible. Lelona Mxesibe is a Political and their socio-economic status, by 2030. Even from the perspective of fiscal One example on the ground is that Budget Analyst at the Studies in The NHI is our response to this global austerity, human productivity is of the Chiawelo Community Health Poverty and Inequality Institute in call for universal health coverage. improved when people are healthy Centre in Soweto. Johannesburg. The article first appeared enough to contribute to their families in The Citizen.

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward 50 Commentary

Getting Rail Back on Track by Transport Minister Fikile Mbalula

n giving context to the When we came into office in May economic climate, characterized by Adequate capacity at this level also challenges facing PRASA and its this year, at the commencement of the high levels of unemployment are not means a Department able to provide a performance, it is important to sixth administration, we committed only unacceptable, but hinder the steady hand that guides and supports briefly reflect on the performance that we would move with speed in ability of the Department to deliver on PRASA in the execution of its mandate. ofI the Department of Transport in the addressing the challenge of a high its mandate. 2018/19 financial year. vacancy rate in the Department. This state of affairs of acting This is equally true in respect of incumbents has replicated itself in This performance reflects an Indeed, we appointed a full-time PRASA and all other entities of the PRASA, albeit for a different set organisation that had no permanent Director-General, Mr Alec Moemi, Department. This is a challenge we of reasons. All CEO positions are leadership at management level. within the first two months in office. have committed to tackle decisively occupied by acting incumbents in all For the last 2 years, the Department did He has similarly moved swiftly to and with the urgency it deserves. PRASA divisions, subsidiaries and not have a Director-General and had to advertise the vacant positions of indeed at Group level. rely on acting incumbents. Similarly, Deputy Directors-General and the The importance of this in the context out of the 8 Deputy Directors-General, process is nearing completion. of PRASA, is that the Department must Processes are now underway to 5 of them were acting. provide leadership and operational finalise the appointment of a full-time High vacancy rates in the current oversight. Group CEO by the end of the current

Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za 51 Commentary

financial year. Mainline Passenger Service coaches. such a plan. with all our entities and will be one of the areas we will focus on when Progress has been made with the In the year under review, the We are deeply concerned that we evaluate the performance of the appointment of executives with the General Overhaul (GO) programme the AG has flagged an irregular Board. appointment of a Chief Financial brought back 351 Metrorail coaches, expenditure of R27,2 billion. Officer, a Chief Procurement Officer one coach short of target. As part of the interventions to and a Group Executive for Human This is unacceptable as this suggests recover the system and improve Capital Management on 1 September A total of 47 ShosholozaMeyl that either there are no systems in operational performance, I initiated a 2019. coaches were overhauled during this place to prevent and detect irregular War Room with very specific targets period, which was the actual target expenditure, or the systems in place to improve performance. These newly appointed executives of GO commitment. are simply ineffective or ignored. are all women, an affirmation The Director-General guides this of our commitment to women Despite this, post year-end PRASA Measures will be put in place to effort and provides direct leadership empowerment and recognition of has been unable to finalise the arrest this situation and strengthen and support to PRASA management women excellence. award of the new general overhaul prevention interventions. Such towards the achievement of the contract, which is central to measures will include closely targets. Similarly, we are at the tail end of sustaining the current system and monitoring irregular expenditure the process to appoint a permanent accelerate the return to service of through the quarterly reports and This intervention was premised on Board whose first order of business coaches that undergo maintenance providing support to enable PRASA the realization that the high levels is to take extraordinary measures or refurbishment. to investigate and take appropriate of customer dissatisfaction and a to stabilize operations and ensure action in order to condone the decline in passenger patronage, that PRASA is able to deliver on its In similar vein, the deployment irregular expenditure and arrest the mostly attributable to, safety and mandate. of the new trains is held back by escalation. high levels of crime and vandalism, slow progress in delivering requisite as well as unpredictable service, PRASA’s performance remains infrastructure in identified corridors. The AG further noted fruitless were having a devastating effect on dismal, having achieved only and wasteful expenditure of R383 the service. 26% of its annual predetermined These challenges PRASA is facing million, the bulk of which relates objectives in 2018/19. This is a must be understood against the to transactions where value for Since the inception of the slight improvement from 21% in the context of rampant criminality and money could not be justified. We War Room, Metrorail’s on-time previous year. This is an unacceptable lawlessness in the environment in are equally concerned that the AG performance has improved from state of affairs, which requires which PRASA operates. believes that the quantum of the 49% to 63%, bringing us closer to drastic action. We will strengthen fruitless and wasteful expenditure achieving our goal of 85%. our oversight instruments to include In the year under review, 762 may be more than what is disclosed early warning systems that will coaches or 17% of the entire fleet in the financial statements. The new trains operating between enable us to intervene timeously and were affected by acts of vandalism, Pienaarspoort and Pretoria stations ensure PRASA is able to deliver on theft and arson. Incidents of torching The Director-General will closely register on-time performance of its predetermined objectives. of trains were particularly prevalent monitor action taken against officials 96% and passenger numbers are in the Western Cape in 2018/19. implicated in the incurring of fruitless increasing. We want to see the PRASA’s financial performance and wasteful expenditure across all improvement replicated across the over the years remains a challenge. PRASA currently employs 16 350 our entities, including PRASA. country in all PRASA operations. Over the last 5 years, PRASA’s employees at a cost of R5,6 billion revenue has declined by 48%, which constitutes 49% of its overall These actions must include Our commitment to addressing resulting in an untenable situation budget. disciplinary action and/or recovery the chronic challenges which where its operating deficit reached of the money incurred by the state limit PRASA’s ability to deliver an unacceptable levels of R1.8 billion. We are deeply concerned that the in vain. A zero tolerance approach efficient, safe and reliable passenger audit outcomes for the year under on fruitless and wasteful expenditure rail service has never been greater. PRASA remains constrained in its review are a disclaimer, the worst will be the order of the day. ability to spend its capital budget, audit opinion an entity can get from We will also pay close attention resulting in the reduction of its the AG. This will be reinforced by a strong to the implementation of measures capital budget baseline. focus on consequence management. that ensure PRASA achieves good The work to implement an audit The days when public servants financial health and employs public While this reduction has intervention plan that will ensure wasted public resources with resources prudently. significantly affected PRASA’s that we do not return next years impunity, are numbered. capital projects, it has not, however, with the same audit outcomes affected the rolling stock fleet is underway. This includes the Consequence management will be renewal programme, signaling and Department playing an active role in incorporated as a deliverable when the general overhaul of Metrorail and monitoring the implementation of we revise the Shareholder Compacts

www.cosatu.org.za www.cosatu.org.za Oct/Nov 2019 ∙ The Shopsteward

52 Subscribe to Subscriber contact details Surname ......

The Shopsteward Name ......

Designation ...... THE SHOPSTEWARD is a unique magazine. Most newspapers Company ...... and magazine owned by millionaires and reflect the outlook of the rich and powerful. The Shopsteward is produced by Address ...... COSATU and gives the workers a point of view on the big issues Country ...... in the workplace, the community, politics and the world. Why not Tel ...... make sure you get issues by

subscribing? Fax ......

Cell ......

Shopsteward Subscription Email ...... COSATU’s website offers an option to download Payment options

the subscription form from Cheque Enclosed, payable to COSATU

there, you can print it out

and resend it back to us. Direct transfer:

www.cosatu.org.za Banking details: Name of Account: COSATU CEC Bank: First National Bank Branch code: 255005 Account number: 62345348644 Account type: Current Subscription rates Please put in reference: SSJ & Your name The cost of six issues is Name of credit card Visa Mastercard South Africa Foreign subscription Workers and students R45 Airmail Card Number Salaried employees R55 Southern Africa R290 CBO’s and NGO’s R80 Other countries R310 Institutions R80 Surface mail CVC (Last 3 digits on the reverse side) Companies R90 All countries R180

Expiry date ...... / ......

Signature ...... Date ......

Please post, fax or email proof of payment to COSATU House, 110 Jorissen Street, Braamfontein P.O. Box 1019, Johannesburg, 2000 or Fax to +27 (0) 11 339 5080/6940 OR EmaiL [email protected] Oct/Nov 2019 ∙ The Shopsteward www.cosatu.org.za www.cosatu.org.za For Subscriptions and Distribution please contact [email protected] or Tel: +27 (0) 11 339 4911