the Shopsteward 1 Volume 24 No.1 May Day Special Edition 2015 The official Magazine of the Congress of South African Trade Unions

Transcription

1 the Shopsteward 1 The official Magazine of the Congress of South African Trade Unions Volume 24 No.1 May Day Special Edition 2015

2 MAY 2 DAY Rally COSATU CALLS FOR: ONE UNION - ONE INDUSTRY ONE COUNTRY - ONE FEDERATION PROTECTION FOR RIGHT TO STRIKE NATIONAL MINIMUM WAGE ABOLISH E-TOLL DEFENCE OF CENTALISED BARGAINING EQUAL WORK - EQUAL PAY SMASH XENOPHOBIA ORGANISE VULNERABLE WORKERS DEFEND COSATU 1 May 2015 MAYDAY Rallies SACP Celebrating 30th Anniversary and repositioning COSATU towards Radical Economic Transformation

3 In this issue Volume 24 No.1 May Day Special 3Edition 2015 Editorial note 4-7 Editorial Worker Issues 8 COSATU s Special CEC Resolutions 12 May Day Special 20 COSATU s response to the 2015 budget 25 Forging ahead with the minimum wage 28 What are sectoral determinations? 31 Call to organise vulnerable workers 34 Tributes: Moses Kotane & JB Marks The Economy 41 Regulation of private employment agencies 43 Restrictions on foreign ownership of land 44 A voice from the left 46 A dialogue on money 48 Labour relations amendment bill 53 Summary of comments on NDP Education 56 Education Outcomes: A case of economic growth 58 Q & A with an economics teacher Community 60 Mineworkers affected by silicosis 62 Historic class action lawsuit Youth Matters 64 nsfs failing our students? 66 Q & A with a Wits student Gender Agenda 68 Too little, too late 69 Commission for gender equality 70 Every girl has a dream International 72 The AFL-CIO, Palestinian workers & Zionism 75 Solidarity with the people of Venezuela 76 11th International Apartheid week Afilliates Commentary editor IN CHIEF: Bheki Ntshalintshali layout & design: Nthabiseng Makhajane editorial board: Bheki Ntshalintshali, Zakhele Cele, Nthabiseng Makhajane subscription & distribution: : Nthabiseng Makhajane printers: Shereno Printers advertising sales: Nthabiseng Makhajane Tel: +27 (0) Tel: +27 MAY (0)11 DAY 531 SPECIAL EDITION nthabiseng@cosatu.org.za Jorissen & Simmonds Street, Braamfontein, 2001 PO Box 1019, Johannesburg 2000 Tel: +27 (0) Fax: +27 (0) / Copyright All rights reserved.

4 4 Editorial N Celebrating our 30th Anniversary and repositioning COSATU towards the struggle for radical economic transformation Bheki Ntshalintshali Editor in Chief This is a Special May edition of the Shop Steward Journal, which contains amongst others the decisions of the CEC regarding the expulsion of the General Secretary and the history of May Day in South Africa. This year 2015, is the year which will go down in history as the year in which COSATU policies and its principles were tested to the limit. It is the year in which the federation had to choose between collective leadership and individualism, between defending its constitution and allowing defiance of its constitution and policies, between standing firm on uniting the alliance to maximize the unity of the people s camp or allowing undermining of the liberation movement. It is still early in the year but one thing is certain and it is the fact that COSATU will emerge stronger and clearer about the way forward! This year is also a year of COSATU s 12th National Congress which coincide with our 30th anniversary. Amongst the focal points of the National Congress will be to assess progress we have made with regard to implementing our 2015 Plan as adopted by the th National Congress. We are also currently under discussion about the convening of a Special National Congress, which has been accepted by the president as per the request duly made by a third of our affiliates. This year marks 60 years since the Freedom Charter was adopted by the ANC led Congress Movement at Kliptown in This is a charter which forms the basis of the unity of all the forces under the ANC led liberation movement. As we look back at the events of 1895, we are reminded that this year also marks 120 years since the first celebrations of May Day by workers in 1895 in South Africa. It is also 28 years since May Day was declared as a paid Public Holiday in South Africa after bitter struggles by workers under the leadership of COSATU. As this editorial goes to print it will be a few days towards the 27th April marking 21 years since we achieved a democratic breakthrough in which COSATU - led workers struggles played a decisive role. We have prepared to use all these events as platforms to build up towards our 12th National Congress and to communicate a message to the workers that whatever the challenges confronted by the federation Editor s Note

5 Whilst it is important that as COSATU we should occupy the front ranks of the battle against Xenophobia but we should also be aware that the enemy is trying to have us defocused. It is possible that these xenoote 5 but we should never be defocused from our tasks of continuously attacking our real class enemies Our call is taking battle to the employers and ensure unity amongst the workers based on the battle cry: Unity amongst the workers and war to our class enemies! As we write this editorial COSATU members in the Public Service were preparing for a march on 23rd April in Tshwane to force government to acceded to their demands for a single term agreement of a 10% salary increase across the board and that In the absence of Government Employees Housing Scheme (GEHS), they demand an increase of the current Housing Allowance from R900 to R1500 for all employees. Unions in the private sector were also warming up to the chilly season of wage negotiations. The NUM has already made the first salvo when the secured a three year agreement starting with a 21 percent salary increase for workers at the Goldfields in the first year of the agreement. As we were gearing for a battle against our class enemies we woke up to the painful reality of African working class being set against each other through Xenophobic,( in fact Afro )phobic violence which was directed against foreign nationals. This has forced all of us to redirect our resources and energies to fight against these inhuman acts. We are actually dealing with the consequences of the deepening crisis of capitalism and the violence we have seen in the recent past highlights the structural and endemic nature of the crisis. It is a crisis of relative overproduction and accumulation that results in the increase in levels of inequality, poverty, unemployment and hunger in most African countries and the global South in general. We are dealing with the crisis of unequal levels of development in the region and on the continent that impact negatively on the ability for an enhanced regional development path. We are being challenged to urgently start working towards facilitating creative, cross-border forms of worker-to-worker contact and solidarity with the regional shop stewards councils as the foremost example of that development. These Afro phobic attacks against our own is a reminder of our task to intensify the struggle for the development of a clear, people-centred industrial development strategy, continental growth path and new, progressive, alternative trajectory of development anchored in the beneficiation of our massive natural endowment and resources. This is necessary in order to change the patterns of economic accumulation and ownership, to empower communities, workers, and local farmers, and build a solid base for sustainable job creation on the continent. It is a painful reminder of the tasks we have not undertaken vigorously which include building a progressive, anti-neo-liberal movement on the continent to promote solidarity and unity in action for all social forces that are committed to the best interests of the continent and its people. In this regard, the full and effective participation of workers and communities in the development of alternative policies is central. We are being called to intensify the struggle to Support a people-centred regional integration that prioritises the needs and full co-operation of all people of this region. Business interests should be subordinated to those of the people, especially the working class and the poor. In this regard, the free movement of people is very critical to the integration of the region. The need for the effective promotion of a common market that allows the countries and peoples of the region to pool together their resources not competitively, but cooperatively, for the realisation of a common development path. This could also include the issue of a common currency and even common, but developmental economic and trade policies. This arrangement must not disadvantage small economies, but must be balanced to ensure the development of all states in the region. In this regard, we should pay sufficient attention to the requirement for political integration of the region as a whole, without which the realignment of fiscal unions will prove difficult if not impossible. The pictures of the shameful wars where the African working class is being set against each other must make us to have a stronger resolve to fight for the progressive harmonisation of labour standards in the region to allow workers in all countries to enjoy full and equal rights, as well as ensure that companies do not play one worker against another, one country against another and one section of the region against another, in a downward race to the bottom. In other words, no country must be forced to lower its standards in order to attract foreign investment, whilst lowering the living and working standards of the majority. Editor s Note

6 6 phobic attacks cannot be delinked with the existing agenda to delegitimize the democratic ANC led government. We should not be surprised by pronouncement made by some who are no longer in COSATU when they openly attempted to apportion the blame to the ANC government. Their strategic objective is to use all available platforms to an agenda of delegitimizing the ANC led movement and to ultimately destroy it to death. It is difficult not to see signs of possible counter revolution in everything that has happened so far. As if these inhuma xenophic acts were not enough, we received news that comrade Chris Nkosi, the Provincial Secretary of SATAWU in Gauteng has been gunned down. Just as we were preparing for the memorial service and the burial of comrade Chris, we received sad news about the passing away of yet another COSATU leader, comrade Sifiso Maphumulo, the president of LIMUSA a newly admitted COSATU union organizing in the metal and automobile sector. He died in a car accident as they were driving to Gauteng to do organisational work, which on amongst others included holding a press conference from their first NEC. As this journal goes to print we will be preparing for the memorial services and the funeral of both comrades. All of these happened in addition to continued and sustained attacks from our detractors who have a limitless space in the print and electronic media to attack COSATU. When all these things were happening as the COSATU NOB collective we made a resolve that we should marshal all the forces to march through the storm with their breast forward. All revolutions have at some stage as they were developing towards their success met with various challenges and all of them were not insurmountable. As we speak Venezuella is going through a period of planned destabilisation agains their revolution and we can certainty that forces of destabilisation will be defeated! The comrades who have recently departed will remain an inspiration to all of that we should never surrender. We will honor them by ensuring that we strengthen our efforts to unite COSATU and direct our struggles to our real class enemies. We will refuse to be detracted by noises by some of our detractors. In our collective Bargaining conference held in March 2013 we noted that In the recent period we have come under sustained attack focused on weakening our Affiliates, with the biggest COSATU Affiliate (NUM) being the primary target. In the process gains that took many years of militant worker struggles, are being reversed with the main beneficiary of the worker versus worker violence being our class enemies. In the process collective bargaining institutions were thrown into disarray as too many of our members were told that these institutions, which remain critical to worker power, are no longer important. We are aware that the reason why our enemies found it easy to launch these attacks is because we have allowed a situation where our base is organisationally, politically and ideologically weakened. In this regard we have set ourselves the task of develop concrete plans to implement the following tasks: The first task includes developing and implementing a programme for organisational development and building programme. This will in line with our bargaining conference have various strategic elements which include a focus on organising the unorganised and increasing trade union membership and density, providing quality service to members, building unions in small towns, fighting corruption within our ranks and in society as a whole, ensuring solidarity campaigns for affiliates under attack, The other elements will in line with our 10th Congress mandate focus on building the organisational machinery of the working class and the liberation movement. The programme will ensure that the organization has vibrant structures at branch/local, provincial and national level. This will also ensure internal dynamism and democracy, through heightened mass education and activism to raise the level of class-consciousness. We are revisiting the NALEDI report on continuing systematic organisational renewal programme. The second task is on ensuring ideological clarity about where we are, what the forces ranging against the strategic interests of the working class are; who are our allies; and clarity about the international ideological warfare. We have also committed to work with the SACP to build Marxism-Leninism as a tool of scientific inquiry to search for answers in the contemporary world. We want to rebuild working class confidence in its ideas and heritage. The third task is developing a programme for radical transformation, which include setting out the shortterm, medium-term and long-term objectives to work within the Alliance to deepen the NDR and to work with the SACP towards the attainment of socialism. The programme will reflect the multitude of challenges facing the working class at the point of production and reproduction; and in Editor s Note

7 7 all sites of power - the state, judiciary and the media. Parts of this include preparing our input towards the Alliance Summit scheduled from the 25th June to 1st July We will be intensifying campaign for radical economic transformation, which will include a call for decisive state intervention in strategic sectors of the economy, a call to radically overhaul our macro-economic policy and all the concerns we raised in the National Development Plan. With regard to the Labour Market, our focus is on achieving a legislated National Minimum Wage, which will cover all workers, and the abolition of the existing ineffective and fragmented system of sectoral determinations. We will be heightening our campaign for the introduction of comprehensive, legislated, wallto-wall centralised bargaining in all sectors of the economy, through appropriate amendments to the LRA. We will also be working with the CCMA to popularise the benefits, which come with the latest labour law amendments amongst workers. We want to see the enforcement of an upper limit of a 40-hour work week across the board. We want taxation of firms that pay below the statutory minimum wage, and the distribution of such tax proceeds back to the workers concerned. We want tax reform to target executive pay and to set targets to close the apartheid wage gap. We will mount pressure on the Department of Labour to set targets and timeframes to extend maternity leave and all other leave benefits to all workers, taking into account the fact that we are almost two decades into democracy. We want the extension of social protection and ensuring that there is an income floor below which no South African worker or household should fall. We want government to set targets for the reduction of low-wage employment, through the introduction of solidarity measures in wage formation, using targets for collective bargaining, the setting of the National Minimum Wage, deployment of state levers such as procurement, and state incentive schemes, and a strengthened Employment Equity Act. This should be an integral part of realising our demand that the income gap between the highest paid and the lowest paid should be at most 16:1. We will be intensifying our call to link skills development and training with career-patching as part of the employment equity targets; skills development and training should lead to upward mobility of the workforce. We will be working with the progressive youth Alliance to combat the suppression of young people s talents, especially African graduates, who are made to do jobs that do not assist in sharpening their skills. We are looking forward to a discussion with government to review the impact of the youth employment tax incentive act which was rammed through our thoughts by government. We are interested to know if indeed the youth benefitted or only employers benefitted from the scheme. We want to see visible signs of employers having sleepless nights about workers demands. It is clear that for us to be effective in these battles which on one hand include defending COSATU whilst at the same time tacking employers will require that we embrace the challenge to sharpen our ideology and theory of revolution. We will open space for discussion on the left and empower our members and leaders to understand the different theoretical approaches. Our engagement strategy in all fronts will be proceeding from reaffirming the historical thesis that the NDR is the terrain upon which to wage a socialist struggle. Socialism is not a deferred struggle, nor is it a deferred perspective. In struggling for basic national democratic objectives, a broad national movement will be rolling back the capitalist market and constructing elements of socialism. Linked to this will be the tasks of learning the lessons of history to inform our practice today; to build an effective and progressive trade union movement, to build a socialist movement coalescing around the SACP; develop a critical theory of the present and a theory of the transition to socialism; and define a vision for socialism in the 21st century. In this regard we will be working with the SACP to convene the meeting of the Political Commission to develop a detailed programme on the struggle for socialism. We recognize the need to maximize the unity of working-class forces. The working class, as a primary motive force of the NDR, bears the responsibility to unite the broadest range of social and political forces to take forward the NDR as the basis to build the momentum for socialism. We ill strive for unity of the ANC, the SACP and COSATU. We will not be deterred from building strong COSATU unions whose focus in on the workplace providing quality service to members. For this we will spare none our energy and time! Editor s Note

8 8 Your Lette Labour Brokers are a major concern Labour brokers are a major concern to me and many others, the information to follow below comes from my friend and I see the need for you to hear it. Even if you ve heard it before, I see it fit for you to hear it again. I did not understand the people s plight to have all labour brokers abolished. I used to think labour brokers are rather intended to make life easier by making employment accessible to the majority of job seekers. Also, they make it easy and cheap for job seekers and employers to apply for jobs and to get a larger pool of prospective employees to select (something that recruitment agencies do best). This was until I started working for one last year February and learned how this labour-brokering is affecting the poor people of South Africa(black, white,coloured, Indian, etc). I have learned with absolute dismay that: There is absolutely no job-security for the people who are working for one company (labour broker) at another company (client). People get fired and replaced everyday. If you can come to where I am working, you would be shocked to discover that there are people who have been working for labour brokers at one company with no employment benefits for more than ten years without being taken on a permanent basis by the client. The level of abuse suffered by the long-term casual workers at the hands of the clients (sometimes we are forced to work unpaid overtime to cover the production time lost due to break-downs). Since I started working at this company (client) which is in the chemical industry, no doctor has come here to inspect the employees despite the fact that we are working with chemical dust which puts us in danger of contracting TB, skin cancer and other terminal diseases. One day we made a mistake of labelling a product (which was discovered and fixed before being delivered to the client s client), after signing a final written warning (despite the fact that it was my first offense), we were forced to go work at the boss private residence on the weekend with no pay. These are the things that have either happened to me, and those I witnessed other people being victims of. Laws are being passed to govern these institutions but very little is being done to enforce them to the maximum. This is the true state of our nation that should be addressed starting from the higher office of the president, until then I see no good story to be told by the current government or all the political parties in government. Anonymous Dear Anonymous COSATU continues to reiterate its call for the total banning of labour brokers. We urge all Shopstewards to report any employer, who hires workers for more than three months on a contract without due consideration for a permanent positioning. The labour employment amendments must be protected as it is a step in the right direction. Regards, COSATU Shopsteward Editor

9 rs... 9 Youth Wage Subsidy: Destroying or helping? Dear Editor I am a 29 year old living in Gauteng working for Helen Joseph Hospital as a Pharmacy Assistant under a Learnership with a company called the Foundation for Professional Development ( ) in Lynwood Pretoria. I signed my first contract as a basic pharmacy assistant when I was 28 years but now I m told that I m too old (over 28 years) and they are not giving me another contract to continue with my studies to post basic because they can t claim from youth wage subsidy under my name and they are running a business. This means I m going back home and no studying for me anymore. Is this youth wage subsidy meant to destroy our youth or to help? Sipho Dear Sipho Engage with your Union on how to take forward both the substantive and procedural elements of your concern. COSATU has rejected the youth wage subsidy on the basis that it is only benefiting employers, who for many years have not created real jobs. COSATU Shopsteward Editor

10 COSATU s 10 special central executive committee resolutions The Congress of South African Trade Unions [COSATU] held its Special Central Executive Committee [CEC] from the 30th to the 31st March The meeting was held in terms of the COSATU constitution. The National Office Bearers, 12 Affiliates and Provinces, including SAMWU and DENOSA, attended it. The meeting on amongst others discussed and agreed on the following: 1. Taking forward the applications for affiliation. On SEAPU: The meeting agreed that there would be a follow up meeting with SEAPU and other affected unions to ensure proper admission of the union into COSATU. On LIMUSA: The meeting reaffirmed its satisfaction that LIMUSA satisfied all the constitutional requirement of the COSATU constitution and therefore accepted LIMUSA as a new COSATU affiliate. The process, which will be followed moving forward, includes the induction of the new union and other necessary Constitutional processes. 2. On Campaigns The meeting agreed to vigorously take forward the Living Wage campaign including a focus on the National Minimum Wage. We believe that this will help address the inequalities and high levels of poverty engulfing our country. The Federation is now gearing for a mother of all battles in the streets to achieve a living wage and to fight against all manifestations of racism in the workplace. The CEC took place within the context of the season of collective bargaining in various sectors. As we speak, the Public Sector are warming for action against the infrequence of the employer who did something unprecedented to drop from their initial offer. This represented the worst form of bad faith negotiations. Our members are angry and are prepared to fight to the bite end for their demands. 3. On the UIF Tax holiday The CEC was angry that the government wanted to introduce changes to the UIF without proper consultation and was giving a commitment to give a tax holiday to capital whilst many of our people remain unemployed and cannot access the UIF. In this regard the CEC was clear that any surplus created in the UIF should be directed at addressing unemployment and poverty. 4. May Day Activities The CEC greed that the National May Day activities for 2015 will be held in KZN and the focus will be on 60 years of the Freedom Charter, 30 years of COSATU, the National Minimum Wage, the living wage campaign, vulnerable workers such as farm workers, workers in the hospitality industry. And will focusing in the battle against Labor brokers, and the fight against threats on our hard won right to strike. Affiliates committed to provide resources including deploying personnel at COSATU House take the campaign 5. Sizwe Ntsaluba Gobodo Report The two reports have now been adopted by the CEC. The task team of general Secretaries must now interrogate the two reports and source legal advise where necessary. Where they have identified fraudulent activities, we will take the issues to the Law Enforcement Agencies. 6. Special National Congress The Special National Congress will be held in July On the failure and refusal of the general Secretary to perform his duties and carry out his responsibilities The Central Executive Committee noting with concern that: 7.2. After the Special Central Executive Committee meeting held on the 7th November 2014 in which a decision was taken to expel NUMSA, the General Secretary did not attend the media conference, which was convened to communicate the decisions of this CEC. Instead he wrote a letter, which was also accessed by the media in which he expressed his opposition to the decision of this CEC to expel NUMSA. This was a CEC meeting, which he had convened and in which he was also present and participated in its deliberations He did not attend the joint Political and Socio- Economic Commission which he had convened on the 24th January 2015, saying that he will not attend the meeting because the other affiliates who went public about boycotting

11 Worker Issues 11 the CEC had also not attended the meeting He did not attend the properly constituted ordinary CEC held from the 2nd to 4th March 2015 which was convened by himself, citing the absence of the unions which had openly boycotted the meeting as the reasons for his non-attendance. Throughout the proceedings of the meeting he spoke to the media communicating views that were in opposition to or contrary to the interests of the Federation, which he had been elected by the 11th Congress to lead as its General Secretary At its properly constituted ordinary CEC held from the 2nd to 4th March 2015 which he convened, in the light of the failure of the General Secretary to attend this meeting o to explain his behavior which went against the expressed provisions of the COSATU constitution and the code of conduct for staff and leaders, it was decided that the General Secretary be called upon to attend the meeting of the Special Central Executive Committee scheduled from 30th to 31st March 2015 to explain his failure to attend the ordinary CEC held from the 2nd to 4th March By not coming to this CEC to explain his conduct, he therefore waved his right to put his side of the story. This is in addition to his refusal to cooperate in giving his side of the story on serious allegations contained in the Sizwe Ntsaluba Gobodo report The General Secretary refused and failed to attend these meetings. The failure of the General Secretary to attend the meeting of the 2nd to 4th March 2015, including the Special CEC convened from the 30th to 31st March 2015 had major implications on the management and administration of the affairs of the Federation The duties of the General Secretary in terms of the constitution include being responsible for the following: Financial affairs including The keeping of books and accounts as may be required by the CEC; The collection of affiliate fees; The banking of monies received in the name of the Federation; The preparation and circulation of detailed monthly financial statements to the Provinces and affiliates of the Federation; Correspondence and notices including Tabling correspondence where necessary, at CEC meetings; Sending out notices and minutes of all meetings of the NC, CC, CEC and other related committees and sub-committees; Reports including The preparation and circulation of the Financial Annual Report, which must include statements of income and expenditure and the balance sheet; and The circulation of the auditor s report to the CEC; General co-ordination and supervision including Office work and administration of the affairs and activities of the Federation; and The supervision of staff and the Provincial Secretaries; Other duties including tasks issued by the NC, CC and CEC It is important and necessary that at all times unless duly authorized, both the General Secretary and the Deputy General Secretary must be available to perform their functions and carry out their responsibilities. 8. The Central Executive Committee further noting that: 8.1. The General Secretary has failed and refused to attend the meeting to explain his behavior 8.2. The General Secretary has failed to obtain leave of absence for his nonattendance of the properly constituted ordinary Central Executive Committee meeting including the Special CEC of the 30th to 31st March 2015; 9. The Central Executive Committee further noting that: 9.1. The General Secretary held a press conference on the 29th March 2015 where on amongst others he said the following: from this point I will no longer participate in the internal factional wrangling in the organization page 30 para-43. I will not attend the meetings of the federation page 31 para-44. I cannot attend the pending Special CEC page 31 para-45. If my refusal to attend the Special CEC is used as a pretext to fire me, then so be it page 32 para 65. This is a deliberate act of defiance on my part, page 34 para- 71. I am making a statement that COSATU belongs to its members, not to any faction or clique, page 43, para-72. Please see the document titled Zwelinzima Vavi s Public statement, 29 March The Central Executive Committee further noting that: The General Secretary continues to divide unions by addressing unconstitutional meetings He continues to use the resources of the federation to service NUMSA an expelled union that has declared intentions to destroy COSATU affiliates and openly undermined the founding principles of the federation of One Union, One Industry He continues to meet with people who have been suspended, some dismissed for corruption by COSATU unions. Many of these have declared

12 worker 12 intentions to destroy COSATU unions and thereby destroy the federation as a whole. 11. The General Secretary violated the COSATU code of conduct for staff and leaders which on amongst others says that leaders are the face of the organization, the custodians of organizational decisions and must be alert to, and make others aware of any potential damages to the local and global image of the Federation. Therefore leaders will support and promote the wellbeing of the Federation including organizational cohesion. 12. Taking into account the COSATU code of conduct for staff and elected leaders violated by the General Secretary on the General duties of leaders of the Federation, which says that: 6.1. Every leader and employee occupies a position of trust towards his or her structure and all other structures of the Federation; 6.2. Every leader has a fiduciary duty to the Federation, which requires that he or she, at all times, acts with fidelity, honesty, integrity and in good faith; and in the best interest of the Federation; 6.3. Leaders must advance the principles of co-operative governance between the structures by ensuring that: they conduct their activities without impeding or contradicting the spirit and efforts of the Federation s constitution, its policies and decisions; and 6.4. co-operate with other structures within the Federation in a spirit of mutual trust and good faith by: assisting and supporting one another; informing one another of, and consulting one another on matters of common interest; 13. Taking into account the code of Conduct for staff and elected leadership, which the General Secretary violated on the use of the Federation s Property, Assets and Resources: 6.1. A leader and or a staff member shall not make unauthorized use of any property, assets or other resources of the Federation for any personal reasons A leader and or a staff member shall only use the Federation s property, assets or resources for activities associated with discharge of their duties, unless otherwise authorized; 6.3. The intellectual property and any work produced by a leader or a staff member of the Federation in the course of his or her leadership, employment or association with the Federation are exclusive property of the Federation; 14. Taking into account the COSATU Code of Conduct for staff and elected which the General Secretary violated on Discipline: 7.1. A leader and or staff member will strive for the maximum unity of purpose and functioning of the Federation; 7.2. A leader and or staff member will observe discipline, behave honestly and carry out decisions of the majority, of the collective and of higher bodies; 7.3. A leader and or staff member will respect decisions taken by the Federation in terms of its structures, whether or not he or she personally agrees with them and he/she will report such decisions in a positive manner to avoid undermining them; 7.4. A leader and or staff member will not behave in a manner that brings the Federation or its structures into disrepute or which manifests a flagrant violation of the moral integrity expected of a leader; 7.5. A leader and or staff member will refrain from publishing, leading and /or distributing any media, which purport to be the views of any organized grouping, faction or tendency within the Federation; 7.6. A leader and or staff member will defend the unity and integrity of the Federation and its principles and combat any tendency - towards disruption and factionalism. This includes combating propaganda detrimental to the interests of the Federation and defending its policies, aims and programmes. 15. Noting the COSATU code of conduct for staff and elected leadership on the duty to avoid conflicts of interest when it says that: 8.1. Every leader and or staff member must: Take every possible step to avoid a conflict of interest between his/her personal interest and the interests of the Federation; Not place him or herself in a position where his or her personal interest could conflict with his or her duties to the Federation. 9. Noting that: 9.1. Over the years the federation has been operating on the basis of trust and integrity that those occupying positions of leadership will always respect collective decisions and will always act to advance the best interests of the federation Based on this trust the federation has allowed individual leaders enough space to execute their tasks without hindrances and in the process this have created a space for the accumulation of unchecked power The General Secretary s has in the recent past abused the trust given to

13 issues 13 him by the federation and workers affiliated to COSATU unions and he continues to do so with impunity which culminated to the unauthorized press conference of 29th March 2015, This rebellious conduct has brought the federation into disrepute. (Please refer to item 1 above) 9.4. He has in the process behaved in a manner, which placed him above the organization, as an untouchable leader. He treated the organization as his own, including the COSATU leadership collective and the entire membership as his inferior subjects His behaviour has undermined all the efforts to achieve unity and cohesion in the federation as facilitated by the ANC. Believing that: 9.6. No individual leader is above COSATU as an organization and its constitution 9.7. Collective leadership, organizational discipline, trusts, integrity and revolutionary morality is the bedrock upon which COSATU s work is predicated The General Secretary as part of the collective at the helm of ensuring the functionality of the federation has behaved in a manner, which corroded the moral and revolutionary soul of the federation and undermined each of the principles stated above The General Secretary has behaved in a manner which reduces the federation to his own entity where he can do as he wish including neglecting his duties, making public statements which puts the name of the federation into disrepute and has openly defied and undermined COSATU s constitution. Based on the COSATU constitution on clause 10.4 on the removal of officials which says that: The CEC may suspend or dismiss the General Secretary or any other official, if in the opinion of the CEC the official Has committed misconduct; Has neglected his / her duties; Has acted in a manner detrimental to the Federation; or Has acted in a manner which conflicts with this Constitution The CEC or the NC may suspend or dismiss the General Secretary or any other official for any other reason deemed sufficient. 16. The CEC concludes that the provisions of the COSATU constitution and the code of conduct for staff and leaders have been violated by the General Secretary The conduct of the General Secretary constitute gross misconduct 17. It is hereby resolved that: Comrade Zwelinzima Vavi is dismissed as the General Secretary of COSATU with immediate effect He must return all the property of the federation with immediate effect of this resolution being communicated to him He must henceforth stop speaking on behalf of the federation, as he is no longer the General Secretary of COSATU In an instance where comrade Zwelinzima Vavi wants to access the COSATU offices as part of clearing his office desk, he should do so in consultation with the National Office Bearers The National Office Bearers will work to ensure that the security of the federation s communication and information is maximized. This will include ensuring that there are no interceptions and hacking of computers No structure of the federation shall be allowed to undermine this decision. This includes inviting him or creating platforms for him to address members affiliated to COSATU unions No staff member including Provincial Secretaries should take instructions from comrade Zwelinzima Vavi The National office Bearers will immediately communicate this decision to all our structures including the Alliance structures and our international bodies we are affiliated to Special Provincial Executive Committee meeting will be convened as a matter of urgency to communicate this decision All units of COSATU are instructed to henceforth stop using our media platform or any COSATU platforms to profile comrade Zwelinzima Vavi All staff members, particularly Provincial Secretaries of the federation and of our unions are instructed to desist from participating in comrade Zwelinzima Vavi led activities. These are not consistent with the policies and decisions of the federation and they are intended to destroy and not to build COSATU The NOBs should continue to facilitate the work directed at achieving the unity of the federation. This includes coordinating activities and campaigns of the federation on the ground. Affiliates should continue to escalate the provision of quality service to members All outstanding allegations against the General Secretary will be processed by the National Office Bearers through a properly constituted task team which will be working with various experts. Issued by: COSATU Special CEC

14 May Day 14 South Africa s May Day Part 1: The Working - Class Heart of Our History Introduction Local organisation comes first and it leads to organisation at the national scale. Nationalism is the building block of Internationalism. May the first is the International Workers Day. This year, we are proud to celebrate the South African May Day, because the story of May Day forms a central part of South African history. May Day, 1950, is at the heart of the South African liberation struggle. We intend to honour the central place of the working class in the South African liberation struggle, and its consequently central place in the national democratic revolutionary alliance that continues our liberation struggle, which is not yet over. This resource booklet will show that the history, and the personalities that carried forward the history of the liberation movement, have their centre of gravity in the organised working class; and that the tragic but heroic events of May Day 1950 stand as a historic sacrament, whereby the three principal components of our Alliance were permanently joined together. The unity forged on that day has been our strength. It will continue to be our strength.

15 Special The Distant Clap of Thunder 15 No Labour Movement without the Black Proletariat: The whole of the working class, white and black, [can] march unitedly forward to their common emancipation from wage slavery. With these words the International Socialist League, our early anti- Imperialist vanguard party of the working class and fore-runner of the Communist Party, raised the banner of non-racial trade unionism in South Africa The mighty ICU (Industrial and Commercial Workers Union) was formed by Clements Kadalie. Over the next few years it grew into the largest secular mass organisation the country had ever seen The non-racial Communist Party of South Africa was formally admitted to the Communist International in Revolutionary Russia. It soon adopted the Black Republic Thesis making it the first party in South Africa to call for black majority rule in the country. Early 1930s - The ICU was destroyed when its leadership was persuaded to expel the communists. It fell victim to corruption and splits and was rendered effectively dead. The fall of the ICU is a warning to us today. Sectarian anti-communism, open or disguised, is a poison to the organised working class. Late 1920s - Moses Maune Kotane and John Beaver Marks joined the Communist Party of South Africa. Both of them joined the African National Congress, as well Moses Kotane became the General Secretary of the vanguard party of the working class. Moses Kotane In a meeting of the Transvaal ANC, a union was planned and set up which was to be led by J B Marks. JB Marks Marks went on to lead the historic African Mineworkers Strike the Distant Clap of Thunder that heralded the arrival of the real, and eventually victorious, organised mass movement for liberation in South Africa. Kotane led the CPSA, and then the SACP, for nearly four decades until his death. Both Kotane and Marks held high offices of leadership in the African National Congress at various times throughout their political lives. The Republic of South Africa s profile of J B Marks, published earlier this year on the occasion of the repatriation and reburial of his remains in South Africa, records part of his contribution thus: 1st May Notably, the strike which brought the country to a halt and the June 26 strike in the same year in protest against the shooting of strikers on 1 May. It was a turning point and a great landmark in the long history of the struggle of the people of South Africa against racial persecution and for full trade union rights. It is this turning point that we are celebrating on the 1st of May 2015 as the South African May Day, because as much as was the Congress of the People, and the Freedom Charter, that were some of the later consequences of what happened on that day in 1950, this was the founding moment of our victory.

16 16 Part 2: A great landmark It is easy to forget that the African Mineworkers Strike of 1946 was crushed by the Smuts government of the day, and that this was the same Smuts who had been responsible for the terrible Bulhoek massacre and for many other atrocities. The Smuts regime was a racist regime of brutality and cruelty. The National Party government that followed it, in 1948 and which invented the word apartheid was different in some degree, but it was not different in kind. The compound labour system was already in place. The deprivation of the majority of the population of most of the country s land, had already happened. And so on. What, then, was the purpose of apartheid? It was to create new and more severe pass laws. These were anti-working-class-laws. They were as much about labour, as they were about race. They were about the control of racialised labour. They were about the racialisation of labour, for purposes of control. While the ANC was busy organising, and while the new ANC Youth League was producing its Programme of Action, and while Dr Moroka was replacing Dr Xuma as President of the ANC, the National Party government of D F Malan was quickly passing laws in Parliament that were directed against the main defender of the working class, the communist party. In the process of legislating against the existence of a political party, the National Party was consciously building the instruments by which it could attack any and all organisations of the popular masses, whether expressly communist or not. In these circumstances, the liberation movement as a whole saw that the attack on the communists was an attack on the entire movement. In 1947, the non-communist Dr Xuma had already sat down with Dr Naicker and with the communist Dr Dadoo to sign the Doctors Pact of alliance between the ANC and the two Indian Congresses. As the time approached, they could all see that the Suppression of Communism Act that would come into force in mid-1950 would menace all of them and they determined themselves to act together. The Stayaway Tactic The 1946 Mineworkers strike taught the movement that masses of workers out in the open could be cut down, killed, wounded and dispersed by the armed forces of the regime. In response they invented the tactic of the stayaway, whereby workers, instead of picketing and demonstrating, would stay indoors at home. This tactic, designed to minimise casualties, was used later, again and again, but as we shall see, on the first occasion that it was used 1 May 1950 it was not a full success from this point of view. Defend Free Speech Day of May 1st, 1950 led to June 26th Freedom Day which became the occasion of the passing of the Freedom Charter. Defend Free Speech was in practice and in the first place, defence of the Communist Party, which the Party can never forget and does not forget. On that day, the ANC defended the rights of the vanguard party of the working class.

17 17 Part 3: The May Day Massacre - South Africa, 1950 A Lerumo continues: It will always be to the credit of the African National Congress that when the first major onslaught was launched to illegalise the Party of the working class, it did not stand aside but courageously took the lead and threw all its resources into the fight for the legal existence of the Communist Party....the strike was an outstanding success. Virtually all industry on the Witwatersrand came to a stop; hardly a dark-skinned face was to be seen in the streets of Johannesburg, Springs, Randfontein and other Reef towns. The police had banned all meetings and gatherings on the day; and for the most part the non-white public remained quietly in their homes, following the call of the leadership to do so. But in the evening the trigger-happy police opened fire on small groups of young Africans in Alexandra Township and elsewhere. Eighteen were killed and over thirty wounded. A wave of anger and indignation spread throughout the country. Among the injured at Alexandra Township were: Michael Dlamini (24) shot through the thigh; Oscar Mashigo, a school child aged 10; Luca Mathibe, (54), who sustained head injuries, Jantjie Malaba (35) and Maduti aged about 30; Samuel Modiba injuries on the left shoulder blade; John (26) with abdominal wounds; an unknown boy of 12 suffering from multiple head injuries; two unknown men picked up by ambulance on their way home from work. All the injured were admitted at Baragwanath Hospital. These are some of the martyrs of South Africa s May Day. The Bantu World, a voice of the bourgeoisie, of 6 May 1950 said: Disregarding warnings repeated several times last week by African leaders, police officials, Ministers of the Crown and the press, Africans in several Reef centres bent on Freedom Day celebrations on Monday, May 1, landed themselves in trouble by their action. Thirty eight sustained injury and eighteen died. Areas particularly affected were Brakpan and Benoni on the East Rand, Sophiatown and Newclare in the Johannesburg western zone, as well as the Orlando area.

18 As soon as the terms of the Unlawful 18 Organisations Bill became known in May 1950, the National Executive Committee of the ANC called an emergency conference in Johannesburg. The conference resolved on mass action, in protest against the law to suppress the Communist Party and other undemocratic measures. 26 June 1950 was set aside as a day of mourning for those killed by the police on 1 May, a day of nationwide strikes and protests. A joint committee was established to implement the decision. O R Tambo in 1968: Courage rising with danger Chief Luthuli has told us over the course of his leadership over us, that what we need is courage that rises with danger. The Nationalist Party of South Africa, which came into power twenty years ago, came with a violence and viciousness that was new in many respects. We confronted them with a nonviolent approach to the struggle. They killed freely, and Chief Luthuli led us, the African National Congress led the people, and now this non-violent approach became a militant form of struggle and we launched more campaigns. The more killings there were, the more pressure there was. This was courage rising with danger. When the killing took place in 1950 on a fairly massive scale, we decided to demonstrate against this, to intensify the struggle against apartheid pressure, a national stay-at-home on June 26, This was June 26th. Since then, June 26th has been the centre, the peg on which we have hung many a campaign against racism in South Africa. It has come to symbolise the determination of our people to fight harder, the more severe and brutal the oppression. (Speech to United Nations Special Committee Against Apartheid, Stockholm, Sweden, 18 June 1968). The African Mineworkers Union and its federation, the CNETU, had not survived the 1946 strike. Now it was necessary to set up, for the first time, a national, nonracial trade union federation. This was SACTU, of which the COSATU of today is a direct descendent. It came into being in March, 1950 and it was present at the Congress of the People. SACTU is one of the signatories of the Freedom Charter adopted in 1955, three months after SACTU s formation.! Part 4: Freedom Day, Defiance, SACTU and the Freedom Charter The Freedom Charter was passed at the Congress of the People on June 26, 1955 with the support of SACTU, COSATU s predecessor.

19 Part 5: Courage 19 Rising With Danger Marches, Strikes & Cato Manor, Sharpeville Umkhonto we Sizwe The decade of the 1950s began with the freedom of speech campaign, leading to the first death defying Stayaway on 1st May, 1950, allied in defence of the Party of the working class, and the first brave Freedom Day on 26th June This is why we always celebrate May Day, as the organised working class, together with our friends and allies, the ANC. Because it is we, or at least it is our organised working class forebears, who initiated this struggle. This is what the oppositionists do not understand. It was for the workers that the Freedom struggle began, and it was by the workers strength, with that of our beloved allies who stood with us and marched with us, that we were able to achieve victory, as far as we have done so. And so long as we are allied, we will continue to be victorious. COSATU was formed in recognition of the indivisible nature of the struggle as between its class question, and its national question. We say that the one will not be solved until the other one is solved and now we add the question of gender, which can also only be solved simultaneously with the other two. Thus it is that the success of the entire struggle has rested upon unity, especially between its national and its class components. Anyone who fails to understand this, and who seeks to set the allies against each other, is worse than foolish, but is a danger to all. The decade of the 1950s was the last decade of legal struggle before the 30 year banning of the liberation movement, the ANC. It proceeded through the Treason Trial which was a consequence of the Congress of the People and of the Freedom Charter into a time of very tense confrontation with the regime, up to the split of the PAC, and the disaster that this split caused, the catastrophe of Sharpeville. After Sharpeville came the founding of Umkhonto we Sizwe and the initiation of the heroic armed struggle. Many of the early MK recruits were trade unionists. The struggle is a continuity, but it is rooted in the working class action of the 1940s, and especially in the unity-in-action of May Day 1950, when working class blood was shed on the streets of Alexandra township, and other places. This is what we honour and celebrate on May Day. The struggle continued. Its character was confirmed in the Morogoro Conference of the ANC in Its international working class character was confirmed by proletarian internationalism, all over the world. Mass action, inside the country continued in the 1970s working class mass action, leading eventually to the formation of COSATU in 1985, thirty years ago.

20 20 Part 6: May Day and COSATU The fight to make May Day a public holiday was one of COSATU s first campaigns, and one of its first successful campaigns. In 1986 which also marked the 100th anniversary of May Day, the five-month-old Congress of South African trade Unions staged one of the biggest-ever stay-aways to demand recognition of May Day as a paid public holiday. This action was supported by the formations of the Mass Democratic Movement under the leadership of the United Democratic Front. Workers all over the country responded to the call and more than 1,5-million workers observed COSATU s call, joined by thousands of school pupils, students, taxi drivers, hawkers, shopkeepers, domestic workers, self-employed and unemployed people. Rallies were held in all the major cities, even though many of these were banned in advance by the state. The majority of South Africa s workers had already unilaterally declared the day a public holiday and stayed away from work. Shocked by this wave of worker militancy, P.W. Botha responded by declaring the first Friday in May as Workers` Day, a paid public day. COSATU announced that it would stop work on both the first Friday and the real May Day. Faced with this, the apartheid regime backed down and in 1987 recognised 1st May as a public holiday. The majority of South Africa s workers had unilaterally declared the day a public holiday, and employers bowed to these a struggles as accepted it the reality of May 1 as the worker s day. Today it is one of the 12 public holidays, which we celebrate in a thriving democracy.

21 Join May-Day 2015 Celebrations in your area 21 Provinces Rally Venue Contact Person COSATU Speaker and Deployees KwaZulu Natal Durban (Main Rally) Curries Fountain Stadium Gauteng Randfontein Mohlakeng Stadium Mpumalanga Secunda Embalenhle Stadium Limpopo Vhembe District Makhudu-Thamaga Peter Nchabeleng Sports Complex Makhudu-Tamaga Limpopo Sekhukhune District Malamulele Stadium Malamule Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Kimberley Kathu Springbok Upington Colesberg Kimberly Open Air Arena Deben Community Hall Bersig Gemeenskap Saal Rosedale Community Hall Colesberg Town Hall North West Taung Taung Sports Ground Free State Welkom Zuka Baloyi Stadium Western Cape Western Cape Western Cape Western Cape Western Cape Eastern Cape Cape Town Atlantis Vredenburg Good Hope Centre Dollies Centre Saldanha Sports Grounds Diaville Edwin Mkhize Khaliphile Cotoza Dumisani Dakile Matserane Fidel Malombo Thabo Mokoena Louisa Nxumalo Manne Thebe Anele Gxoyiya Solly Phetoe Kopano Konopi Monyatso Mahlatsi Tony Ehrenreich Cde Sidumo Dlamini (COSATU President) Cde Jacob Zuma (ANC President) Thamsanqa Matosa (NUM President) Cde Gwede Mantashe (ANC Sec. Gen.) Zingiswa Losi (COSATU 2nd Dep. Pres.) Cde Baleka Mbete National Chairperson Bheki Ntshalintshali (COSATU Dep. G.S.) Cde Jessie Duarte ANC DSG Bereng Soke (NEHAWU Gen. Secretary) Cde Nomvula Mokonyane Freda Oosthuisen (COSATU Nat. Treasurer) Cde Zweli Mkhize ANC TG Peter Bailey (NUM Health & Safety Chair) Cde Mcebisi Skwatsha Bonny Marekwa (POPCRU 2nd Dep. Pres.) Cde Lynne Brown Nkosana Dolopi (SADTU Deputy G.S.) Cde Gugile Nkwinti Katishi Masemola (FAWU Gen. Sec.) Cde Sisi Ntombela Frans Baleni (NUM General Secretary) Cde Bathabile Dlamini Tyotyo James (COSATU 1st Dep. Pres.) Cde Cyril Ramaphosa ANC Dep.Pres.) Andre Kriel (SACTWU Gen. Sec.) Cde Zizi Kodwa Mugwena Maluleke (SADTU Gen. Sec.) Cde Sue van der Merwe Dorcas Sekabate (SADTU Vice Pres.) Cde Rob Davies Beaufort West Rustdene Civic Tony Ehrenreich COSATU - Walter Theledi(SAMWU Gen. Secretary) ANC - Cde Ayanda Dlodlo SACP - SANCO - George East London Hornlee Civic Knysna Manne Thebe Anele Gxoyiya Manne Thebe Anele Gxoyiya Manne Thebe Anele Gxoyiya Manne Thebe Anele Gxoyiya Tony Ehrenreich Tony Ehrenreich Tony Ehrenreich COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - COSATU - ANC - SACP - SANCO - Abdul Hadee (PPAWUSA Gen. Sec.) Cde Derek Hanekom COSATU - Mzwandile Makwayiba (NEHAWU Pres.) Sisadukashe Mkhawuleli Maleki ANC - Stadium Cde Fikile (Slovo) Majola SACP - SANCO -

22 worker 22 COSATU s response to the 2015 Budget In our expectations statement recently, COSATU set out clearly how we would measure the 2015 budget, including whether it aggressively stimulated the economy and job creation, promoted economic transformation and redistribution, tackled poverty and inequality, and actively supported the agenda of industrialization. COSATU will study the budget proposals in detail and issue a comprehensive response later, in relation to these and other objectives we set out in our statement. Our initial response is that on most of these scores the budget falls far short, although we cannot claim to be surprised, given Treasury s historical conservative fiscal stance, which has now given way to fully fledged austerity. As usual, the trade-offs, which have been made disproportionately, favour business. At the same time, it is a relief that some of the more extreme proposals being floated in the business media, such as increasing VAT and rampant privatization have not found expression yet. Nevertheless this is small comfort for the millions of working poor and unemployed struggling to make ends meet. Minister Nene acknowledged that whilst government has made significant strides in providing housing, water, electricity, education and health care over the past 20 years, a great deal still remains to be done. He correctly acknowledges the massive unemployment rate, but we fundamentally disagree that now is the time to reduce government expenditure in real terms whilst economic and employment growth rates are still woefully low. Government s objective of rebalancing fiscal policy to lend greater support towards investment and economic growth, in particular in such key sectors as agriculture, industry and our cities, may look good on paper, but as usual the devil is in the detail, including understanding what is being cut back, and who is prejudiced as a result. Furthermore, as Minister Nene says: Having a plan and a series of activities is not enough. Intensive effort has to go into the details of implementation. We remain deeply concerned at the nature and tone of the 2015 budget. There is no radical economic transformation provided for within the budget, as mandated by the Freedom Charter, the ANC s 2014 election manifesto and 2015 January 8th Statement. South Africa has not been able to break the massive unemployment levels of 34.6%, by the more realistic expanded definition, and woefully low levels of economic growth and unbearable levels of poverty and inequality over the past 21 years of democracy. Surely business as usual will not enable us to escape this unsustainable economic crisis. The Minister s silence on South Africa s triple crisis of unemployment, poverty and inequality is deeply worrying. Surely with all of its resources, government should focus on breaking these three ticking time bombs. To continue to ignore them and

23 issues 23 proceeding with business as usual is to risk going down the route of complacency until society reaches its breaking point. It appears that Treasury believes mere tinkering with the budget and the economy is sufficient to eradicate an unemployment rate of 34.6%, 53% of South Africans living in poverty and being the most unequal society in the world. Some General Observations The budget reinforces the austerity framework of real cutbacks in spending which was contained in the MTEF. This is reflected in the overall lowering of the budget expenditure ceiling. Treasury has attempted to disguise the extent of austerity by presenting increases in expenditure over the period to 2017, rather than for this fiscal year; this masks the pitiful increases in a number of areas. The budget speaks in code on a number of issues, such as consolidation of personnel numbers (freezing posts etc); and privatization - talking rather about offsetting support to SOEs through asset sales. The speech makes a number of good statements which are not backed up by specific plans. The concrete plans are more driven by the austerity logic. Examples of hazy commitments relate to action to combat capital flight, profit shifting etc; measures to eliminate corruption in procurement systems and so on. A comparative analysis is required to determine how the budget s spending commitments and priorities compare with previous commitments made. But the sense is that commitments made in certain areas which have been identified as priority policies, such as industrialization (see below) woefully inadequate amounts have been allocated Treasury s stranglehold over critical areas of policy remains a concern, having effectively blocked the rolling out of comprehensive social security, and NHI, over many years. We are now told that policies on these issues will finally be released, but we know that Treasury will continue to wield its power to impose its conservative policy perspectives in these areas A number of the concrete tax and spending plans will disproportionately hit workers and the poor, such as the 80c per litre fuel increase, and the electricity levy increase of over 30%. Conversely, social grants fail to keep up with inflation, and in the case of the CSG, actually see a reduction The above more than counterbalance the slightly redistributive interventions reincreased personal income tax and the decision not to raise VAT. Strategic Priorities for Growth and Development COSATU welcomes the focus on the oceans economy and the investment of R9.6 billion in Saldanha Bay. This is key to unlocking the growth of the West Coast and creating jobs. We welcome the commitment to including the mining sector in the Phakisa process and the development of a strategy towards its growth. However we remain concerned about the commitment of business in this regard. Gold and other mineral prices have over a number of years enjoyed massive increases, yet mine workers have been retrenched in their hundreds of thousands and continue to live in appalling apartheid-like conditions. Business must be forced to honour the promises it made in the Mining Charter. We note the Minister s inclusion of the public sector entities financial positions in the budget. However, while it is critical that these SOEs are made to account for their continuous financial crisis and lack of delivery of key developmental mandates, government must also take responsibility for ensuring that they are capacitated and that their funding model too is geared towards that mandate. Economic Context Minister Nene mentions the current global economic challenges and the economic situation in the United States, the European Union and China. However, he omits to mention that the EU remains in a financial crisis due to its brutal austerity measures, whilst the US and China have seen steady healthy economic and employment growth rates as a result of their governments economic stimulus efforts. We strongly welcome our increased levels of trade with other African countries. The successes in this regard serve to highlight the need for further government support towards increasing our export capacity to Africa, but this must be based on a coherent plan for industrialization of the continent, not on a sub-imperialist relationship that entrenches historical development patterns. COSATU welcomes the commitment from government to intensify its support for the growth of our tourism, agriculture, manufacturing and housing construction sectors. These are the sectors of the economy that have shown the capacity to create badly needed employment. Further support is also needed for the textile, automanufacturing, renewable energy, oil, gas and other industrial sectors. This needs however to be matched by the necessary resources to make our IPAP work: for example R2.7 billion over 3 years to beneficiation; R10.7 billion over this period to manufacturing incentives; and R4 billion to the jobs fund are simply not interventions on a scale which are needed to drive a meaningful industrialization drive. Even the R100 billion which government

24 worker 24 proposes will be mobilized over 5 years by the IDC, is too little when we compare the scale of the interventions, as a proportion of GDP, which countries like Brazil and China have made to support economic development. Budget Framework and Fiscal Policy We welcome the Minister s statement that the financial health of households is important when reviewing taxation levels. However we do not believe that the package of tax reforms meets this fundamental point. The 2015 budget provides for continued real cuts in state expenditure, increase in income and other taxes and electricity tariffs, reduction in state employment numbers and the sale of state and SOE assets. The real cuts in state expenditure and employment levels will not assist in boosting our still extremely low and fragile economic and employment growth levels. What is needed now is further stimulus to help the economy and employment levels grow. The successful growth of the US and Chinese economies on the back of stateled economic stimulus and the stagnant growth levels experienced in austerity led EU economies confirm this fundamental point. The reductions in wasteful expenditure are welcomed. However the culture of bling in government is still at outrageous levels. Just this week, it was reported in the press that Parliament intends to spend R18 million on gyms for 400 Members of Parliament. Yet at the same time pensions and social grants recipients are allocated pitiful below inflation increases. There are still billions of wasteful and extravagant state expenditure that government should focus on cutting instead e.g. travel allowances for international travel for government officials, prestige executive housing, catering and consultants. Whilst it is important for government to budget for unallocated contingency reserves, the jump from R5 billion to R45 billion in 2 years whilst critical state expenditure and employment levels are cut does not make sense. Medium Term Expenditure and the Division of Revenue The commitment to review the funding for cities is welcomed. This is needed for all municipalities, in particular the many cashstrapped rural municipalities which lack a significant tax base. The commitment to reduce the number of municipalities is further welcomed. In fact, there is no need for District Municipalities. These are powerless duplicates of local municipalities and should simply be merged with them to avoid further duplicate wasteful expenditure. National government needs to be proactive in intervening when municipalities fail to deliver constitutionally guaranteed basic services and not simply wait for violent protests to erupt, e.g. Malamulele. In Limpopo, the situation is so dire that 3 municipalities were not even able to pay their staff salaries on time in January. Economic Development We can cautiously welcome the focus on growing the oceans economy but surely a mere R296 million allocation is too little? The continuous intention to pursue shale gas and hydraulic fracturing is deeply worrying for a water-scarce country and the feared pollution consequences of shale gas and fracking. Little has been said about the impact of these on people and farm s access to clean healthy water. The proposed allocation of R7 billion to emerging farmers is welcomed. However concern remains with regards to the Department of Rural Development and Land Reform s lack of capacity to settle the more than outstanding land restitution cases. According to the Department s figures, this will take more than 20 years to settle! Employment and Enterprise Development COSATU remains strongly opposed to the Employment Tax Incentive. Despite promises to the contrary, Treasury is not able to indicate how many of the subsidies are for new or existing jobs; or how many older workers have been displaced by young workers. It should also be remembered that the incentive was intended for youth, Special Economic Zones and designated sectors, yet to this date only claims for youth have been provided. The Department of Trade and Industry s continued efforts to support manufacturing growth are welcomed, but as we indicated above is not being supported on a large enough scale. Whilst appreciating government s desire to offer work to the unemployed, COSATU remains deeply distressed by how the Expanded Public and Community Works Programmes are being abused by Provincial Departments and Municipalities as a source of cheap labour in place of what should be permanent decent provincial and municipal jobs, e.g. street repairs and cleansing. The commitment of the Department of Environmental Affairs to create full-time jobs is welcome, but this should be a polite way of creating cheap labour for cash-strapped municipalities. Health and Social Protection The ANC-led government should be strongly applauded for the fantastic achievements made with regards to the rolling out of ARVs and the reduction in child mortality and mother to child HIV/ AIDS transmission rates. These are huge victories in a very short space of time. Other departments would be wise to learn from such decisive political leadership. Having said that, we remain deeply concerned at the continuing shortages and other crisis s at our public health institutions. We welcome the announcement for the release of the National Health In-

25 issues 25 surance White Paper and its funding proposals; this is long overdue and we call on government to treat this matter as urgent. In the same breath we welcome the announcement about the release of the long awaited comprehensive social security discussion paper, but retain our concerns about Treasury s role in these policy areas as highlighted above. Government deserves similar praise for the 16.4 million social grants recipients. No other African country has made such an achievement. These social grants do not only cushion the majority of our people from the conditions of poverty but also help in creating demand in the economy. However the below-inflation minimal increases in the social grants is unacceptable. Again government needs to begin discussions with civil society and the public at large about a comprehensive social security system and basic income grant. Continuing with millions of unemployed impoverished persons unassisted is a ticking time bomb waiting to explode. Education, Sport and Culture Education remains government s largest crisis. South Africa will never move forward until government can provide quality education for all. Efforts to change some of the blunders by the department, e.g. centrally negotiated contracts for education construction and service delivery suppliers is welcome, to curb the intolerable levels of corruption, but there needs to be more oversight to ensure that corruption is not simply transferred from many small tenderpreneurs to a few big ones. However the crisis in education is larger than that and the department does not appear to have a plan to solve it. Post-School Education and Training The progress in establishing the three new universities is welcome but still far too slow. The massive tenfold increase over the past few years in funding tertiary students bursaries should be celebrated. However the chaos in NSFAS is threatening to undermine government s achievements in this area. Transport, Energy and Communications Efforts to improve rail capacity are strongly welcomed however concern remains around the extent to which local procurement is involved. The increased focus upon fixing the badly neglected water infrastructure is welcomed but much more needs to be done. However this must not be accompanied by massive future increases in waters tariffs, which would merely serve to make water unaffordable for the poor. The focus on resolving the electricity crisis is welcomed. However this cannot be done on the backs of the poor. The increase in peak hour electricity tariffs will merely squeeze the already struggling lower and middle incomes families. We are concerned about the implications of the temporary increase in the electricity levy. We are cautious because we are not yet sure of the wider socio-economic impact of this increase. We note though that the increase would help in addressing the problem of climate change and increase the revenue for electricity utilities. This proposed increase should have been accompanied by increase in free basic electricity to cushion the poor against possible increase in electricity prices due to environmental levy. There does not appear to be a clear plan to rescue the collapsing postal service, and the previous subsidy which was withdrawn has not been reinstated, a classic example of how cutting back state support for public institutions can seriously undermine them. COSATU strongly rejects Treasury s continued privatization of Gauteng s freeways. Merely reducing the tariffs will not solve the problem. The people of Gauteng have clearly shown that they are opposed to the privatization of t h e i r roads. No alternative, s a f e and accessible public transport is available. These roads were built with public funds long before the e- toll project arrived. The user-pay principle is deeply flawed and merely serves to enrich a few tenderpreneurs at the expense of the struggling working and middle classes. COSATU will continue to fight it in Gauteng and any other province that Sanral or government want to expand it to. Treasury must simply pay the R20 billion debts that Sanral incurred on the GFIP. This is less than the R30 billion it spent on consultants last year. We supported the call for an increase in the fuel levy as an alternative to E-tolling, but we cannot support the 30.5 cents a

26 worker 26 litre increase the minister announced, while still keeping e-tolls in place. Defence, Public Order and Safety Government s commitments to reduce the very high levels of corruption are welcome. However judging by the very low arrest, prosecution, conviction and sentencing rates; we do not appear to be winning this war. The Auditor General stated that R80 billion of state funds were lost to corruption yet convictions relating to only R500 million have been achieved. Financial Management: Ensuring Value for Money Commitment to centralize textbook procurements and standardize school construction is welcomed. But can the Department of Basic Education ensure that they are corruption free. Not too long ago, a former Director-General and his family were implicated in the textbook tender scandal. The commitment to pay service providers within 30 days is welcomed but not a new promise either. Revenue and Tax Measures The Minister s lack of plans to deal with the estimated R80 billion lost to tax evasion by the wealthy was disappointing. Whilst the final proposals from the Judge Davis Tax Commission are awaited, Treasury s proposed tax increases are not helpful and in fact are regressive. The sin tax increase is acceptable but we appreciate that the minister has not raised VAT, as some rightwing economists were demanding. We welcome the small steps towards a more progressive income tax regime, with the increase of R1 105 a month for those earning over R1.5 million a year but the flat regressive 1 percentage point increase in income tax for all those earning above R is unacceptable. Most junior public servants earn just above R Treating lower income earners of R the same as multi-millionaires is unacceptable. Taxes should be progressive, with any increases focused on the wealthy that can afford it. The failure to act to increase company tax in the face of the massive decline in the contribution of corporate tax since 2008 is a serious problem. This is not a function of reduced profitability, but a result of massive tax avoidance and evasion by the large corporations, whose effective tax rate is extremely low. Conversely, we don t have a problem with reducing the tax burden on small enterprises, provided that the necessary conditions are put in place to ensure they are complying with their obligations in terms of minimum wages, labour laws etc. Further Tax Proposals Increases in electricity tariffs, fuel and RAF levies again merely seek to balance the budget upon the backs of the poor. It is a scandal in a country of our levels of unemployment to give employers a UIF holiday. The UIF Amendment Bill has been delayed at Parliament for more than a year due to Treasury s opposition to expanding workers access to UIF benefits. Increased access to UIF benefits in an economy with 34% is what is needed not a tax holiday for employers. Financial Position of Public Sector Institutions and State-Owned Companies The commitment towards infrastructure expenditure and developmental objectives are strongly welcomed. The Deputy President s deployment to help ESKOM, SAA and the Post Office is welcomed. However government s continued desire to sale off non-strategic state assets will merely serve to further weaken those SOEs. Government s refusal to say which assets it intends to sell is not acceptable. Given the crisis at SAA, would it not make sense to merge the three state owned airlines of SAA, SAA Express and Mango? Development Finance Institutions The intention to increase the DFI s loan portfolios by 33% in 2 years is to be applauded. The IDC s R100 billion plans over five years to support industrial development, mineral beneficiation and agroprocessing is good news, but needs to be accelerated in the light of the failure to realise previous commitments. Financial Sector Reforms Government s willingness to negotiate retirement reforms at NEDLAC is strongly welcomed. However this must be accompanied by negotiations for a comprehensive social security system.

27 issues 27 Forging ahead towards a National Minimum Wage By Jane Barrett The 2012 COSATU Congress resolved to campaign for a National Minimum Wage. This decision was consolidated by the Collective Bargaining and Campaigns Conference held in Through engagements with the ANC, the ruling party was persuaded to include a commitment to introducing a National Minimum Wage in its election manifesto for the 2014 national elections. After this the issue of a National Minimum Wage was discussed further in a Nedlac Labour Relations Indaba held in November At this meeting the Deputy President of the country, Comrade Cyril Ramaphosa, recommitted government to implementing a National Minimum Wage. The Indaba agreed that all parties government, labour, business and community should urgently engage at Nedlac on the details of introducing a National Minimum Wage. A Task Team has since been established under Nedlac and started its work in early March. The parties aim to be ready to make recommendations by July this year. This article explains why we need a National Minimum Wage, what it will mean for collective bargaining, if it will result in job losses, and some other critical questions. The article will also highlight issues that readers should take into their union structures for discussion and mandating, especially to feed into the Nedlac process referred to above. One of the key issues for mandating will be what the actual figure for a National Minimum Wage should be. Why do we need a National Minimum Wage? Some people, especially in business, argue that we should just leave minimum wage setting to collective bargaining. But the reality is that out of the 10.2 million workers in the formal sector, only 3.3 million are covered by collective bargaining, either in bargaining councils or at plant level. The wages of 3.5 million workers are regulated by Sectoral Determinations, and the wages of another 2.4 million workers are not regulated at all. The absence of wage regulation for so many workers creates space for super exploitation. Over and above this, even where there is regulation, either through collective bargaining or through Sectoral Determinations, our economy is so locked into low wages, that many of the wages that are negotiated are extremely low, and even below and reasonable measure of a living level. There are a number of estimates about the minimum that is needed for a family of five to cover their basic needs. One estimate is between R4500 to R5500 a month. Over half of South African workers work hard, for long hours, but their wages are far below this. In fact half of all workers earn less than R3033. This is called the median wage. The majority of workers are therefore working to stay in poverty, unable to afford many of the most basic necessities. It is interesting to note that the average wage looks very different. The average wages adds together all wages and salaries in the economy and divides the sum by

28 worker 28 the number of employees. The national average in 2014 is around R15,000. This high figure is because the very high incomes of a few distorts the average. The median wage is only 20% of the national average! Based on this picture of the wage structure, it then becomes obvious that a national minimum wage which is pitched significantly above the level of the current median wage could immediately play a critical role in improving the income of the bottom half of the wage structure. Based on international experience, the national minimum wage would cascade up the wage structure, and improve the income of other low paid workers. It would also put pressure on companies to reconfigure the wage structure, to reduce the proportion of wages and salaries currently being consumed by top management and the high paid. The national minimum wage would therefore both play a key role in combating working povert and in reducing income inequality, but it must be combined with other strategies to transform the wage structure, including capping the salaries of top management and a collective bargaining strategy which deliberately negotiates higher pay increases for the lower paid. Why do we want one National Minimum Wage instead of just adding a new Sectoral Determination? The article on Sectoral Determinations explains that there are currently eight nine Sectoral Determinations which set minimum wages for different sectors, plus a Ministerial Determinations which sets the minimum for EPWP workers. These nine minimum wages are way below both the median wage of R3033 a month, and the Minimum Living Level of R4500 per month. As pointed out in the article on Sectoral Determinations, each Determination has its own figure and some Determinations have a number of figures pegged to different job categories. Others have geographic or company size differentials. This multiplicity of minimums makes it impossible for there to be popular knowledge of the minimums. If we had ONE National Minimum Wage, set at a rate higher than the existing Sectoral Determination minimums, it would help vulnerable workers escape the poverty trap which current SDs condemn them to. The figure could be popularised to workers, employers and government officials. Compliance and enforcement would be much simpler. No worker could earn below the national minimum wage. The introduction of a National Minimum Wage would not necessarily mean the end of Sectoral Determinations, as they also cover other conditions of employment. We would consider discussing a new role for Sectoral D e t e r m i n a t i o n s over and above the NMW. The majority of countries that have minimum wage systems (60% of them) are based on a single National Minimum Wage. A simple system has proved appropriate in both developed countries and developing countries. Examples of countries that have a simple National Minimum Wage system include the United Kingdom, USA, Brazil, China, the Netherlands, Portugal, and most countries in Francophone West Africa. Some countries have two National Minimum Wage rates or introduced a single minimum in a phased approach, starting with more than one minimum. Some countries have one minimum for domestic and farm workers, and another minimum for other sectors. COSATU Affiliates have not yet given a mandate on this. But we are very clear that we must get away from multiple minimums. The ILO is in favour of doing away with multiple minimums. Would we consider having an exemption system under a National Minimum Wage? In principle everybody should be

29 issues 29 covered and exemptions should be avoided as far as possible, otherwise the national minimum wage will no longer be a floor but a structure with gaping holes. Could a National Minimum Wage undermine collective bargaining? We do not believe that a NMW would undermine collective bargaining. A NMW will not prevent bargaining on top either on wages or on other employment conditions, where representivity is proven. International research indicates that where a NMW gives rise to increased real wages in the bottom half of the wage structure, this has a positive knock on effective collective bargaining. We will of course have to be vigilant in preventing the employers from abusing the NMW as a benchmark to drag down actual wages. Will a National Minimum Wage have a negative impact on jobs? There is no evidence that rising minimum wages by themselves have a negative impact on employment. Employment performance is explained by various economic factors. Sectoral conditions, industrial strategy, trade dynamics & broader economic conditions have a key role in determining how sectors perform. Wage policy must therefore be combined with appropriate macro and sectoral policies to have the desired employment impact. In fact under certain circumstances a National Minimum Wage can have a positive impact on employment, as seen in Latin America, by raising the level of effective demand for services and for locally manufactured goods. What else do we need in place to ensure that a National Minimum Wage has an overall positive impact? In order for a National Minimum wage to have the desired effect of lifting workers out of poverty and reducing inequality, it has to be accompanied by appropriate industrial policies as well as trade policies, which help to promote employment. Such measures and policies include:- Stronger enforcement of all labour laws; steps to ensure that collective bargaining takes place in all sectors of the economy; greater protection for workers and employers in the informal sector; and measures to eliminate abusive work practices in atypical work and labour broking. What level should the national minimum wage be set at? We do not have a mandate yet for a figure for a NMW but we can draw on some international experience to show what we would not be prepared to go below. There are two international benchmarks which are sometimes used to work out the level at which the national minimum wage should be pitched. While not cast in stone, these are useful benchmarks which should be considered. The two benchmarks are a Minimum Living Level and the ratio of the national minimum wage to the average wage. In South Africa there is not yet any agreement on what a minimum living level should be. However there are some figures which are useful to refer to. One of these figures is what is called the upper bound poverty line that is produced by Statistics South Africa (Stats SA). Stats SA says that a family of five would need R4966 a month to provide for basic needs. If we take the other benchmark i.e. the ratio of the minimum to the national average, internationally the usual practice is that the national minimum wage should be 40 to 50% of the national average wage. The national average wage in South Africa is around R So 40 to 50% of the average wage would be R6000 to R6750. These two benchmarks suggest we must at the very very least aim for R5000 a month, but we will have good arguments to support an even higher figure if we use the ratio to average wage argument. Ultimately the figure must be decided by a mandate of members discussing in their Affiliates and feeding their mandates to COSATU structures. Readers should please assist to take the debate about an acceptable figure to the membership. Affiliates will be expected in the next few months to get a formal mandate to put forward to COSATU structures. There should be no delay in taking the discussion to the membership in preparation for finalising a mandate on a figure! Forward to a National Minimum Wage!

30 worker 30 What are Sectoral Determinations and how do they work? By Jane Barrett In South Africa we have a system of Sectoral Determinations which spells out the legislated minimum wages and working conditions for workers in sectors where there is no sectoral bargaining council for negotiating, agreeing and then gazetting employment conditions. Two common features of these sectors are that they employ a large number of workers and they are difficult to organise. There is a union presence in all of them, but in all cases less than 50% of workers are organised, meaning that it is not immediately possible to establish a bargaining council. What sectors are covered by Sectoral Determinations? There are eight sectors currently covered by Sectoral Determinations. They are domestic workers, farm workers, forestry workers, security guards, contract cleaning workers, taxi workers, hotel and restaurant workers (hospitality), and shop workers (wholesale and retail). Investigations are underway to establish Sectoral Determinations for two additional sectors :- building workers and funeral undertaking workers. In addition to the Sectoral Determinations, there are a number of Ministerial Determinations which are similar in that they also cover employment conditions. There are Ministerial Determinations for Expanded Public Works Programme workers, children in the entertainment sector, and workers in small businesses. The Ministerial Determinations do not go through the same investigation process as the Sectoral Determinations however. What is the process of setting employment conditions in Sectoral Determinations? The process of arriving at a Sectoral Determination is set out in Chapter 8 of the Basic Conditions of Employment Act (BCEA). The relevant Sections are 52, 61 and 62. The first step in the process is that the Minister of Labour publishes a notice in the Gazette announcing that an investigation into a particular sector will be conducted by the Department of Labour. This could be a notice for an entirely new Sectoral Determination, or it could be for a review of an existing SD. In normal circumstances, existing SDs are reviewed every three years. The gazette announcement must specify the sector, the categories of

31 issues 31 workers in the sector, and what conditions will be investigated. The announcement calls for written submissions to be made to the Department. After this first step, the Department may hold public hearings. The Department usually holds hearings in about 20 locations, across all nine Provinces. Unions and employer bodies are usually informed of the dates and venues of these hearings. All members of the public, including individual workers in the particular sector, are free to make verbal or written submissions in these hearings. Some unions have used these hearings very effectively to mobilise workers in the sector, as well as to get publicity on their demands. At times however unions have complained that they do not get the dates and venues in time to use the hearings effectively. After the hearings have been conducted, Department of Labour officials write up a report summarising the written submissions and the inputs made at the hearings. They submit this report to the Employment Conditions Commission (the ECC), which is an advisory body to the Minister. There are 5 Commissioners in the ECC one representing Labour, one representing Business, and three independents. Labour and Business also have Alternates. The ECC Commissioner representing Labour is the Deputy General Secretary of COSATU, Cde Bheki Ntshalintshali. The Alternate is COSATU s Affiliate Support Coordinator, Cde Jane Barrett. The report from the DOL to the ECC usually contains recommendations. The ECC considers these and then decides on what wages and working conditions to recommend to the Minister. The ECC has to take into account a number of factors in making its recommendations. These factors are:- alleviation of poverty, the cost of living, wage differentials and inequality, the health and welfare of workers, as well as the impact on small businesses, the impact on employment, and affordability to the employers. Once the ECC has signed off on its report and recommendations, it is sent to the Minister for consideration. It is very rare for the Minister to change any of the recommendations from the ECC. The Minister then gazettes the new conditions, which come into effect on a published date. The Sectoral Determinations and Minimum Wages All of the Sectoral Determinations legislate minimum wages for the particular sector. Some only stipulate minimums for one job category e.g. in the domestic worker sector, whereas others stipulate minimums for a range of job categories e.g. in wholesale and retail. Another difference is that some SDs legislate a minimum for the whole country e.g. for farm workers, and for forestry workers, whereas others differentiate between different geographic areas. The SD for security guards for example, has three different geographic areas. The SDs for domestic workers, wholesale and retail, and contract cleaning workers all have two geographic areas. The SD for the hospitality sector has one geographic area but there is a differentiation according to the size of businesses i.e. businesses with ten or less workers, and businesses with more than ten workers. A further complication is that some SDs express the minimum wage in an hourly rate, whereas others express it as a daily or monthly rate. The Sectoral Determinations run for three years, before there is another hearing. But there is always an annual wage increase provided for within the three year period. In most cases in recent years this has been CPI plus1% or 2%. Just before the year is up, the increase that was published at the start of the SD is calculated by the DOL, is published, and then kicks in on the anniversary date. As you can see by the description of the job category, geographic, and size differentials in sectoral minimum wages, it is very complicated for any one person to have the minimums for all sectors at their finger tips! What complicates things further is that every SD has its own renewal date, and its own dates for annual increases. The minimum wages for the Sectoral Determinations, plus for the EPWP Ministerial Determination as at 1st January 2015 were as outlined below. Note that the SDs do not all express minimum wages in hourly, daily and monthly rates. However the calculations have been made based so that readers can easily compare:- What other conditions do Sectoral Determinations cover? The Sectoral Determinations also cover conditions such as hours of work, overtime pay rates, annual leave, sick leave, deductions, lunch breaks etc. If the SD is silent on a particular condition, then that issue is governed by the Basic Conditions of Employment Act (BCEA). If we get a National Minimum Wage, how will the Sectoral Determinations be affected? The relationship between the existing Sectoral Determinations and the yet to be agreed National Minimum Wage is not yet agreed.. There are a number of options which still have to be considered. COSATU Affiliates have been asked to give input on which option might be best. A lot will in the end depend on the actual rate of the National Minimum Wage. If it is much

32 worker 32 Sector higher than the existing SD minimums then obviously all SD wages will be affected and could be brought into one line. This is what COSATU is aiming for, as this will also solve the problem of multiple minimums that are difficult to remember. Even if all wages in the sectors where national bargaining councils do not exist are in future covered by the National Minimum Wage, it will still be necessary to have Sectoral Determinations for some of these sectors to cover non-wage conditions. How should we be using the Sectoral Determinations in our unions? We know that there are many employers Min per hour Min per day *(9 hour day) Min per month Increase date 1. Domestic metro (above 27 hours pw) th Nov 2015 Domestic non metro (above 27 hours pw) Security Officer Grades D& E Area st Aug 2015 Security Officer Grades D& E Area Security Officer Grades D& E Area Forestry st March Farm th Feb Contract Cleaning Area A metros ex KZN st Dec 2015 Contract Cleaning Area B all other ex KZN Hospitality 10 or < workers th June 2015 Hospitality > 10 workers Taxi drivers and admin workers th June 2015 Taxi rank marshals Wholesale & Retail shop ass. Area A st Jan 2015 Wholesale & Retail shop ass. Area B Wholesale & Retail sales person Area A Wholesale & Retail sales person Area B EPWP (Ministerial Determination) st October 2015 who do not comply with the conditions set out in the SD for their sector. The SD s are pieces of legislation, and therefore noncompliance is an illegal act. All union organisers and shop stewards organising in sectors covered by one or more SD should familiarise themselves with the contents of the SD. They should always have a copy of the SD available, and should educate the general membership on the conditions covered. When an organiser or shop steward comes across a case of non-compliance, they should immediately use this to either challenge the employer directly or lodge a complaint to the Department of Labour. If the DOL finds truth in the alleged non-compliance, they must issue a compliance order. Taking up cases of individual and collective non-compliance can be an effective organising tool. When corrections are made to the noncompliance, workers will see that the union can do something for them. And if the employer is forced to comply through collective action of workers, then this can be an important building block for future collective action and solidarity. We also need to use the hearings that were described above more effectively. It may not always be possible to take large numbers of workers in one sector to every hearing, but it should be at least possible to create a mass presence in at least one hearing in every Province. Even if the union makes the same submission in every hearing, the DOL and the ECC will get a strong message if there are mobilised numbers involved. Where can I get a copy of a particular Sectoral Determination? You can get a copy of an up to date Sectoral Determination by going to the Department of Labour Website Then click on legislation, and then scroll down to Sectoral Determination. There you should find all the Sectoral Determinations as well as short guides to some of them. Or you could write to jane@cosatu.org.za to request a copy.

33 issues 33 Join the COSATU call to organise Vulnerable Workers All workers are vulnerable. Workers are vulnerable to dismissal, to bad health and safety conditions, and to remuneration that does not meet their needs. That is why ALL workers need trade unions, although some workers are more vulnerable than others. Workers who are working in isolated situations (like domestic workers, farm workers and workers in very small companies), or are self-employed are extra vulnerable. In addition, big changes have taken place in the formal workplace. We now very often have more than one employer in one workplace because of outsourcing, sub-contracting and the use of labour brokers. A large number of workers are no longer on permanent full time contracts. Fixed term contracts and part-time employment is becoming more common in many sectors, especially in the services sector. It is easier for the bosses to exploit all of these categories of vulnerable workers and keep their pay and conditions at unacceptably low levels. Migrant workers from other countries are also very vulnerable as they often do not know their rights and are super-exploited. Young women in all sectors are vulnerable because they are exposed to high levels of sexual harassment and abuse in the workplace. The vulnerability of these workers is made worse by the fact that we are either not recruiting them into our unions, or when we do recruit them, we are not organising and servicing them satisfactorily.

34 worke 34 Here are some facts which show how so many workers in South Africa are working to stay poor, vulnerable and super- exploited:- 1. Half of all workers earn less than R3500 a month. It is impossible to feed, house and clothe a family on such a wage. 2. One out of every four workers are in temporary or seasonal work, with no job security. 3. More and more workers are being employed through a third party - through labour brokers or through sub-contracting. 4. Nearly one third of all workers are self-employed but dependent on authorities to make a living e.g. street traders 5. One in four workers work more than 48 hours a week 47% of all workers do not enjoy maternity or paternity leave Over and above this, our unemployment rate is one of the highest in the world, 34.6% of all adults i.e. more than one out of every three adults has no formal job Yet we are not organising the majority of the most vulnerable workers! Most of our members are higher paid (the majority of our members earn more than R5000 a month), permanent, and directly employed in bigger workplaces of 50 workers or more. Our weakness in organising the most vulnerable workers is one of the reasons why 70% of all workers in South Africa are not members of any trade union. We therefore have a lot of work to do! In response COSATU is campaigning nationally to organise vulnerable workers. We want to ensure that vulnerable workers become visible, and that they are able to realise their power. An important part of the campaign will be to build solidarity across workers in every workplace, regardless of sector and union membership. The Campaign was decided on at the 2012 COSATU Congress, and is now being coordinated by the Vulnerable Workers Task Team, which all Affiliates can participate in. The Task Team meets once a month at COSATU head quarters. The campaign is being implemented by the COSATU Provinces and by Affiliates. The campaign aims to highlight the conditions of vulnerable workers, and to organise them in large numbers into the ranks of our unions and allied worker organisations. Amongst

35 r issues 35 others, the categories we have identified to intensify our efforts to organise are listed below. This is not a final list, as the categories of workers who are most vulnerable changes all the time as the bosses find new ways of exploiting workers. Farm & forestry workers Call centre workers Workers in shops, restaurants & hotels Construction workers All sub-contracted workers All workers enslaved by labour brokers Petrol station workers Home based care workers Contract cleaning & security workers EPWP workers Street traders and other selfemployed workers Taxi workers All young workers, especially young women Creative arts workers All migrant workers regardless of their legal status Domestic workers The demands of the Vulnerable Workers Campaign In addition to the core focus of recruiting and organising vulnerable workers into unions, the campaign is linked to five existing COSATU campaign demands. These are:- A National Minimum Wage, Work Security, Comprehensive Social Protection for all, Safe and Healthy workplaces, and Full Organisational Rights for all workers. It has been agreed that in pursuing these demands we will at all times adhere to building solidarity between workers whether they are in the same or different workplaces. What members can do to build this campaign? The central message of the campaign is Be an organiser Day and Night! We are asking all union members to look around them, to notice the most vulnerable workers, ask them about their conditions and listen to what they have to say, and then to act to assist them. Our slogan is LOOK, SEE, LISTEN AND ACT. We are asking you as union members and organisers to be proactive in seeing and understanding the problems of vulnerable workers in your daily life, in your work place, in your union structures, and in COSATU structures including COSATU Locals. In your daily life, we are asking you to talk to shop workers, petrol attendants, contract cleaners, security guards, domestic workers and all other vulnerable workers that you come across in your daily life. Ask them if they are a member of a union, and if not, give them the necessary information about how to join. In your work place we are asking you to look around and identify who are the most vulnerable workers in your work place? Are they outsourced? Are they part-time? If they are not already members of a union, what union should they be directed to? Listen to their problems, even if they are in another COSATU union and find a way to build solidarity. In your union structures, we are asking you to think about who are the most vulnerable members. Are they getting enough organising and servicing attention? Do your union shop stewards have enough information on the rights of vulnerable workers e.g. the relevant Sectoral Determination? And what can be done to build solidarity between them and other workers in the places that they work e.g. solidarity between manufacturing workers and security guards, municipal workers and street traders? And last but not least, we are asking you to get discussions going in your COSATU Local about how to organise vulnerable workers in all sectors in your area into the right COSATU union. This should include information sharing about the existing rights of vulnerable workers, such as in the Sectoral Determinations. We are also asking you to implement COSATU solidarity resolutions by inviting SADSAWU (Domestic Workers Union) and SAITA (Street Traders Alliance) to all Local meetings. BE AN ORGANISER, DAY AND NIGHT!

36 36 A Brief Biography of Moses Kotane ( ) Moses Kotane was born on the 9th August 1905 of peasant parentage into a large family of 11, in a place called Tamposstad which was a little town in the then Western Transval. His father Samuel Segogwane was a lay preacher and a traditional healer. His mother Siporah Mmadira Kotane a seasonal dressmaker. He was the second eldest son. He started working on a farm Driefontein near Zwartruggens for Scheepers family at a tender age of 13 years old. He left this employment after two years and was given two heifers (as his pay!). School and Work-Life He then started school for the first time at the age of 15 years feeling ashamed of being taught by younger and more educated students in He left school early on to become a confirmed member of the Lutheran church. Two years later after a few piece jobs he moved to Witwatersrand (now Johannesburg) where he got a job as a house boy in Braamfontein, but would not keep any job for longer because he was dissatisfied by the low wages. By 1928, he was employed at a bakery which gave him his first contact with the struggle as he joined the African National Congress (ANC) and the Bakers Union that was set up by the Communist Party of SA (CPSA). A year later he got elected into a vice-chairman position at the 2nd SA Federation of Trade Unions conference. He met Albert Nzula who recruited him to join the CPSA, but Moses Kotane could not be convinced of this until later when he attended a meeting of the party and he joined (1929). His secret was that he was reading and studying all these years, asking questions and feeling dissatisfied with the life he was leading and with himself. Joining Political Activism In 1931 he left his job at the Bakery to become the compositor of the party paper Umsebenzi. He was then sent to Moscow (Soviet Union) to receive his first political education at the Lenin School in Moscow. It was his thirst for a more meaningful way of life, his rejection of discrimination and oppression that drove him into the ranks

37 tribute of the union and the ANC. In 1933, Moses Kotane returned from Moscow (Lenin School) after completing his studies and was elected to the Communist Party of SA Political Bureau (BP) and became the political editor of Umsebenzi. The 1930s are described as a period of great stress and strain for the CPSA, in which the victim did not only suffer from ferocious assaults from the white racists but also from internal schisms and factionalism which undermined its work and support from the masses. This happened to Moses Kotane earlier in 1935 and he was removed from the party s political bureau because of an ideological dispute with Lazar Bach, then chairman of CPSA. This is exactly the same glitch that befell JB Marks in 1937, he was temporarily excluded from the party for a technical breach of its regulations. But JB Marks got restored to the full rights of membership and once again began to play a leading role. Both these stalwarts together with other comrades like Edwin Mofutsanyana, Albert Nzula, Johnny Gomas, Jimmy La Guma are credited with carrying the message of Communism to black masses and it was not fashionable thing to do. This time in 1937, Kotane decided to move to Cape Town where he was less known politically and socially. It is while in Cape Town, that Moses Kotane met and married his first wife, Sophie Human. It was in 1938 that Kotane got re-elected to the Political Bureau after CPSA had decided to relocate its head quarters from Jhb to Cape Town. He was voted in as the General Secretary of the Party in the same year and 1942 were the years Moses Kotane and his wife had their first son Joseph, and second one, Leonard respectively. It is said that the first son was named after Joseph Stalin. In 1943 Moses Kotane was invited by Dr AB Xuma to serve on the Atlantic Charter Committee which drew up a document on African claims. Moses Kotane had become a full Party functionary living, working and sleeping in the Party office in Jhb. He studied at Party s Night School and had become absorbed with Marxism. The Party leadership decided to send him for further study at the Lenin School in Moscow. He was quoted as saying: it was at the Lenin school that I learnt how to think politically. He developed deep loyalty and faith in the Soviet people and his confidence in the CPSU (Communist Party of Soviet Union) as a guardian of proletarian, internationalism was never in doubt. In November 1942 Kotane tasted arrest for the first time when he addressed a gathering about supporting the fight against the fascists during the 2nd World Ward war. But he had to be soon released and have all charges against him dropped when the regime realised that it would hamper their war efforts. Similar to JB Marks together with other CPSA leaders, Kotane s harassment by the police followed their involvement in helping organise the first successful African Miners Union strike (AMU). During an ANC conference in 1949, Kotane was chosen with other comrades to draw up the Programme of Action (POA) which would be the basis of all ANC actions until its banning in The following year, in 1950 Moses Kotane moved back from Cape Town to Johannesburg, following the dissolusion of the Communist Party of SA after it was banned under the Suppression of Communism Act (1950). Dr Yusuf Daddoo wrote in his tribute that Kotane was in the thick of every struggle in SA the Defiance Campaign of 1952; the treason trial s; underground in the 1960 emergency and was one of the main organisers of the liberation movement s army (umkhoto We sizwe, MK). In the 1950s, and 1960s he went on many diplomatic missions for the liberation movement, and won respect of all the world statesmen with whom he came in contact. He suffered immense repression of the state, on 5th December 1956, he was arrested and charged with high treason, whilst earlier in the year he was harassed 37

38 ong Live Legend Long Live Legend tribute 38 Long Live Legend by police for not having a permit to live in Alexandra Township. The treason charges were later dropped in Again, in 1960 he was detained by police for four months and was later released. In 1962, he was placed under 24 hour house arrest. The leadership requested him and he left South Africa to join the external ANC leadership in Dar es Salaam in January Tribute by National Chairman of the CPSA Dr Daddoo(1978) 1 described the quality of a leader that Moses Kotane was, he said: He was incorruptible not only in his politics but also in his personal life. He continued: Moses Kotane was a man you knew could never let you down, never do something behind your back, never deceive you. You always knew where you were with Moses Kotane. Sometimes his words were harsh and hurtful, but they were never dishonest. He was a hard taskmaster, but only because he put the movement above himself, and because he never demanded from others more than he was prepared to do himself. Moses Kotane set a high standard for all freedom fighters. He worked tirelessly from the moment he arrived in Dar es Salaam in 1963 until he suffered a stroke in December, He was moved to a Soviet Union hospital in Moscow for treatment. A year later he was re-elected to the NEC (national executive committee) of the ANC, Honours Moses Kotane was the holder of the ANC national award Isitwalandwe (Hero of the National Liberation Struggle), and the Soviet Order of the Friendship of the Peoples, was honoured at memorial meetings in many centres throughout the world in Moscow, London, Lusaka, Toronto and elsewhere, even in Soweto (where a large number of people were reported to be attending in a private house in DiepKloof). The President of the ANC, Oliver Reginald Tambo ( ) paying his tribute to cde Moses Kotane, had this to say: My first contact with Moses Kotane was in 1946, which was the beginning of a period of great political upheaval in our struggle. If Moses Kotane was the general secretary of the SACP, he was to no lesser degree a highly esteemed and completely devoted leader of the ANC. We shall never forget that during the period of three years ending in December 1968, two political giants of the South African revolutionary struggle, JB Marks and Moses Kotane, comradesin-arms for more than 40 years, operated from a small country town Morogoro, in Tanzania sharing a small office and sleeping in two small adjacent rooms, now worthy of preservation as national monuments, concluded OR Tambo. The Soviet Union was Moses Kotane s second and beloved home, hence it was not surprising that he had expressed the wish that when his heart ceased to beat he should be laid to rest in the land of Lenin. Indeed, in 1978 (19 May) despite seeming to recover, the gallant Kotane died from his illness at the age of 72 years. He was buried in Moscow, where his mortal remains have been all along. Similarities between the life and times of both stalwarts, JB Marks and Moses Kotane are striking. They were both born in the Western Transvaal (now North West) to peasant working class families. They became victims of the vicious state apparatus early in their lives and dedicated their lives to the struggle to fight for national and social emancipation of the oppressed masses. They served the SACP, ANC and labour movement (in SACTU structures) with diligence (today the Alliance). They brought Communism to the masses, promoted the idea of African Communism until their last days and were both buried in the Soviet Union, Moscow. Sourced & compiled by: Alfred Mafuleka COSATU National Educator 1 Dr.Yusuf Daddoo (1978) Tribute to Moses Kotane: Speech delivered at Novodevichy Cemetery, Moscow May from SA Communist Party

39 From the life of a 39 revolutionary J.B. Marks ( ) His early Life John Beaver (JB) Marks was born on March 21st 1903, in Ventersdorp in the (former) Western Transvaal 1, a seventh child of mixed parentage his African father was a worker on the SA Railways for some time and a white mother, who was a laundress and midwife. That made uncle J.B. a coloured person. His life was a political subject from early on. After finishing primary school, he wished to continue his studies but was refused entry into a boarding school due to his (mixed) race. He was 16 years old when his parents managed to enrol him at the Kilnerton Teachers Training College in Pretoria. Relatives and friends always asked him to become a priest and pray for them. The atmosphere at the Teachers Training College was very difficult for this young African boy especially due to being victimised by the white teachers and wardens. He found that students were locked up at night like prisoners, and food was extremely bad. He also found that he often got punished for minor faults or for no fault at all just like many of his fellow students. It was from this background that he found himself leading a strike, boycotted lectures demanding a new deal. The strike is said to have not only been successful, but it was a turning point for JB Marks. He decided that from then on his path was not that of a clergyman, but the path of active struggle against racial and social oppression, he had been quoted as saying. He acquired the nickname Beaver at school and the B became official J.B. but to ANC and SACP circles he was then affectionately called Uncle J.B. as a measure of respect and affection. After obtaining his teaching diploma, JB taught in many schools in the Transvaal and Orange Free State. It was during this teaching stint with the children of African mine workers that he first became involved in politics. The Communist Party of SA (CPSA) had just been formed in 1921, was actively recruiting among workers, JB became involved the meetings. It was after listening to the S.P Bunting addressing a meeting of the workers at the mine where he was employed, that JB Marks joined the Communist Party in 1928.

40 40 He devoted himself to fight for national liberation and social emancipation, aware and undeterred by hostility of the white racialists towards the revolutionaries. Survives An Attempt on his Life Whilst still a teacher, he was nearly killed by white hooligans while addressing a meeting of workers. This meeting was a commemoration of December 16 in 1929, an anniversary of the bloody war in which the Zulus were defeated by combined Dutch-British army. These white fascists opened fire and killed 11 African people. JB was saved from a bullet of the assassin by an African woman who snatched a pistol out of the hands of a racist who was aiming it at JB Marks. His comrade, Edwin Mofutsanyane had spoken before him and had been warned of the attack but ignored it. They both survived this attempted assassination unscathed. Several revolver shots rang out whilst they had dived to the ground and one unnamed comrade was caught out and had suffered a broken leg by two shots. A man by the name Hermanus Lethebe was reported dead at hospital. Later, a white man called Joseph Weeks was arrested and charged with murder, but the white jury allegedly returned a verdict of not guilty despite overwhelming evidence against him. His Political Activism In 1931, he was barred from teaching because of his political activity, from that day onward he decided to devote all his time to trade union and political activity. This devotion and dedication also made him a focus of state repression and persecution, he had to face numerous charges in the courts of SA. He rose through the ranks to become the Transvaal president of the ANC and later its Treasurer-General. And in the trade union movement he occupied various leading positions, but he became best known for his position as the President of the African Miners Union (AMU), as he led the famous first well organised black miners strike in It was on the 12th August that over black miners went on strike, joined by workers from other industries. The strike was cruelly crushed by the army of Field Marshal Jan Smuts, in just one week they were bludgeoned back into the mine shafts. Hundreds of the miners were killed and it is on record that authorities to this day have never accounted for those who died and those wounded in this struggle. However, the 1946 strike remains one of the iconic landmarks in the history of black workers and the struggle of the oppressed people of SA, racial persecution and struggle for full trade union rights. JB Marks and other leaders of the militancy in workers followed up with numerous national general strikes making both economic and political demands against the repressive white minority regime. The 1st May 1950 strike brought the country to a standstill and a follow-up June 26 strike in the same year, in protest against the shooting of strikers on May 1. By 1932 JB Marks had been elected to the Central Committee of the Communist Party. JB Marks and stalwarts like Moses Kotane, Edwin Mofutsanyane provided the early beginnings of the tripartite Alliance of workers, the Communist party as the vanguard and the ANC. JB Marks was sent to Russia on a course to study at the Lenin School in Moscow, he acquired a working knowledge of the Russian language. On his return to SA he devoted himself fully to the work of the Communist Party. When JB Marks was elected President of the African Mineworkers Union in 1942, in the same year he was also elected into the Presidency of the Transvaal Council of Non-European Trade Unions (CNETU). Both capacities allowed him a tremendous influence on the trade union movement for African workers in particular. Under the Suppression of Communism Act (1950), JB Marks was banned with many others and CPSA, which prompted clandestine underground activity. It was in the same year (1950) that JB Marks had been elected President of the Transvaal African National Congress (ANC). Shortly after this, Marks organised a conference of the South African Peace Council. Again, in the Great May Day demonstration of 1950 which Marks had helped organise, 18 Africans were killed and 30 wounded by police. The Congress declared June 26 a national day of mourning and called for a general strike on that day. Since then June 26th has been observed as Freedom Day by sections of the liberation movement. On the 1952 Freedom Day, the African and Indian Congresses launched a campaign of defiance against six specified unjust laws whose continued operation, enforcement and observance is both humiliating and degrading to those considered non-europeans in SA Nelson Mandela was appointed Volunteer-in- Chief. Government had put pressure on all the leaders to resign from all political organisations, put them under house arrest and in some cases confined them to the provinces they lived in. JB Marks was one of those, but together with most of his comrades they chose to defy this ban. After being charged under the Suppression of Communism Act, they were found technically in breach of the law, but the judge punished them with a suspended nine months imprisonment. A period of ten (10) years passed while JB Marks was silenced, he could not take part in active politics, no word that he spoke could be published nor quoted. But the government was mistaken if it thought it has silenced JB Marks. This period of the 1950s was marked by intensive and massive action throughout the whole of the country. Political strikes, boycotts and demonstration

41 41 of all kinds of anti-pass campaigns were conducted under the leadership of the Congress movement and the underground communist Party of SA. JB Marks and his comrades were at the core of this defiance mood, as one leader was struck down the other would emerge to take his place. JB Marks simultaneously held the position of Chairman of the Communist Party and executive member of the ANC. At the same time playing a leading role in the trade union (SACTU) affairs even as it was also forced to operate from exile after the banning of other liberation organisations. Fighting from Outside the borders Hence, by 1963 all the leaders of SACTU were in exile and the Party leadership had sent JB Marks away on a mission after presiding at the historic 5th underground conference of the Communist Party. Marks had attended many international peace conferences as a head delegate. One such conference was the International conference of Communist and Workers Parties held in Moscow in 1969, he gave a moving address; There is no way emancipation except that of revolutionary armed struggle opened his speech. He continued In our daily terror conditions of total suppression of the people s rights, of constant daily terror and force exercised against the masses, with tens of thousands of patriots in detention and massacres a commonplace, with the great majority of the people in a state of seething revolt against enslavement and intolerable affronts to their human dignity, there could be no other way forward. He went on to name a few countries in the southern part of the continent where war had begun already in progress for the liberation of southern Africa, these were: Mozambique, Angola, Guinea-Bissau, Namibia including RSA. He further acknowledged the contributions of the workers, said: that behind the lines, the workers of town and countryside are increasingly defying the fascist terror and raising the banner of resistance...we shall win! concluding his speech. His Last years Two years later, in 1971 JB Marks was struck by a severe illness whilst busy on duty at the headquarters of the ANC (external mission) in Tanzania. He was later transferred to Moscow hospital to receive treatment. He was treated in the Intensive Care Unit (ICU) and seemed to be responding well, making good progress. He suffered a fatal heart attack that same period, the stalwart JB Marks passed on 1st August Following his wishes just like his fellow stalwart Moses Kotane, he was laid to rest in Novodevichye Cemetery (Moscow). An unveiling ceremony was held in the same Novodevichye cemetery in Moscow, on 16th December The ceremony was attended by leaders of the SACP, the ANC, members of South African community in the Soviet Union, and leading representatives of the Soviet Government and the people of Russia. Dr Yusuf Daddoo addressed this gathering. This was one of many similarities between JB Marks and Moses Kotane: they were born around the same period, their birthday only separated by two years, they joined the struggle and got their political training at the LENIN SCHOOL in Moscow. They returned and became the embodiment of selfless commitment to the liberation, both became active in all fronts of the struggle joined the CPSA, the ANC and were instrumental in the formation of SA Congress of Trade Unions (SACTU) in They were both key proponents of the African Miners strike of 1946 and became prime targets for repression and 1950 Suppression of Communism Act of They were sent out on underground work of the movement, posted and shared a tiny office in Tanzania. They worked very hard sharing an office in TANZANIA and both fell ill whilst working there and went to Moscow for treatment, passed away and were buried there. At time of the writing of this piece, South Africa had just received back the remains of both stalwarts to be reburied with dignity here in SA. Sourced & compiled by: Alfred Mafuleka COSATU National Educator Sources: SA History ON-line, SACP Documents Orbituary in Sechaba, (October 1972). 1 Its now part of North West Province

42 The eco 42 A view from NEDLAC chambers NEDLAC, 20 Years On: A Brief Reflection By Jonas Mosia The 23rd November 2014 marked the 20th anniversary of the signing into law the National Economic Development and Labour Council (NEDLAC). NEDLAC is one of the key post institutions meant to strengthen participatory democracy. In terms of section 3(1) of the NEDLAC Act, organised labour, organised business, organised community and the state must be represented in NED- LAC. Before the establishment of NEDLAC, socioeconomic issues were discussed through the National Economic Forum (NEF). The NEF was formed after a massive anti-value Added Tax, VAT, strike led by COSATU and the National Council of Trade Unions (NACTU). That resulted in the restructuring of the National Manpower Commission to form NEF as a platform for consultation with labour when far reaching socio-economic policies are introduced. Since the inception NEDLAC, the labour constituency has and is still comprised of the Congress of South African Trade Unions (COSATU), the Federation of Unions of South Africa (FEDUSA) 1 and the NACTU. Organised business is represented by Business Unity South Africa, BUSA. 2 While the composition of NEDLAC is modelled along the lines of the International Labour Organisation, ILO, it is unique in the sense that it accommodates the community constituency as opposed to ILO s tripartism. However, the community constituency is not represented on all the chambers of NEDLAC. There are four chambers 3 ; viz., Public Finance and Monetary Policy Chamber (PFMC), Trade and Industry Chamber (TIC), Labour Market Chamber (LMC) and Development Chamber (DC). The community constituency is represented on the PFMC and the DC. The NEDLAC chambers are the engines of the institution; it is in the chambers where policy negotiations take place. 4 To ensure that through work is done in policy negotiations, the chambers establish task teams from time to time to engage technical issues before them. Once the task teams have finalised their work, the chambers sign off the reports. The LMC is empowered by the NEDLAC Act (section 5(1)(c) to consider all proposed labour legislation and labour market policies before they are introduced in Parliament. Sections 5(1)(b), 5(1)(d) and 5(1)(e) provide for social dialogue in order to reach consensus on socio-economic policy issues. However, not all government departments show commitment in ensuring that socioeconomic policies are negotiated at NEDLAC. Classical examples are the Employment Tax Incentive Act and the amendment of Petroleum and Mineral Resources Development Act which we not engaged in NEDLAC despite their potential impact in the economy. The highest management structure of NEDLAC is the Executive Committee which receives and adopts the reports from the chambers. It also convenes the Summit of stakeholders once every year to consider the annual report of NEDLAC. 1 FEDUSA s predecessor, which was part of the formation of NEDLAC, is Federation of South African Labour, FEDSAL. 2 In 2011, the National African Federated Chamber of Commerce, NAFCOC and the Black Business Executive Circle withdrew from BUSA and later formed the Black Business Council (BBC) 3 The organised labour chamber conveners are Isaac Ramputa (SASBO), Tony Ehrenreich (COSATU WC) and Mduduzi Mbongwe (SACCAWU) for PFMC, TIC and LMC respectively. The DC convener position is vacant and will be filled shortly 4 The COSATU Policy Coordinators have started proving updates in this publication on the work of chambers

43 nomy The Employment Services Act (2014) was signed by the President on 3rd April 2014, and published in the Gazette Number on 7th April Inter alia, the Act aims to provide for a range of measures to promote employment; to regulate atypical forms of employment and to regulate the employment of foreign nationals. It also provides for an integrated free Public Employment Services (PES) where job seekers can register for placement for a prospective future in the event there are job openings/ vacancies that match their skills, experience and qualifications. These services to be provided by the PES are free of charge to the public members of job seekers, and PESs must; advise job seekers on access education and training opportunities advise job seekers on access to social security benefits UIF, COIDA, RAF, NHI in case it is implement in national scale, social grants etc facilitate the employment of foreign nationals, and exchange information among labour market participants The Act provides for the establishment of schemes to promote the employment of young job seekers and other vulnerable persons; provides for schemes to assist employees in distress enterprises and to help the latter retain employment. The Act also provides for the establishment of the Employment Services Board, which Board the Minister of Labour should consult on matters pertaining to minimisation of retrenchments of employees in distress companies, matters pertaining to charging of fees by Private Employment Agencies (PrEAs) aka Labour Brokers. Further, the Act provides for the registration and regulation of PREAs, aka Labour Brokers, i.e. persons providing employment services for gain. In terms of the new law (Act) Private Employment Agencies must register with the Registrar, and within 60 days after submitting their applications, they must be issued with a certificate of registration, which PREAs must display in a conspicuous place at the premises where they operate. PREAs must not, in terms of the Act, provide false employment services information They must not provide employment services that they are not authorised to perform in terms of their certificates of registration They must not alter or counterfeit their certificates or retain identity documents of job seekers. N.B While Private Employment Agencies (PREAs) are by definition fee charging agents, section 15(1) of the Act states...no person may charge a fee to any work seeker for providing employment services to that worker. Further note, section 15(2) states despite subsection (1), the minister may after The 43 Employment Services Act 2014 & the regulation of Private Employment Agencies- aka Labour Brokers By Patrick Phelane

44 The eco 44 consulting with the Employment Services Board, by notice in the Gazette, permit Private Employment Agencies to charge fees in terms of a specified fee to a specified categories of employment for provision of specialised services. This is where the problem begins. Firstly, in Section 15(1) it is a person not an is nothing stopping PREAs from applying for permits to charge fees for the services they render, nor there is any provision preventing PREAs from classifying their services as specialised meant for specified categories of employment. Comrades, this is legal tautology and it requires the services of an Attorney to interpret. The fact is labour broking will be regulated. months after which they must establish the permanent status of an employee i.e. whether an employee works for TES or for a client firm. In that case the three month duration will serves as probation period as well as an employment status determination period. Otherwise both TES and Client firm must be held jointly and severally liable. Keep watching this space for more to come on this subject!!! agency that is prohibited to charge a fee. Whether that extends to agencies or just a prohibition imposed on any person that would want to act in that capacity does not come out clear in the Act. Secondly, there One way of regulating it is through the Labour Relations Act, wherein a provision is made that Temporal Employment Services (TESs) and Client Firms of TES must employ a jobseeker for not more than three Some food for thought Epilogue The Employment Services Act 2014 does not make any reference to international legal requirements for establishing and operating Private Employment Agencies (PREAs). Provisions lack precise definitions, and the interpretation is left to the discretion of individual operators and intended beneficiaries. The International Labour Organization s (ILO) Convention 181 of 1997 states the legal requirements that shall have to be complied with by PREAs, and the International Confederation of Temporary Work Business (CIETT) in Brussels, which most national large TESs are member affiliates of - such as the Association of Personnel Services Organisation (APSO)- 1, sets out a code of good practice in its Charter that all members must observe. The current Act is silent on these two international benchmarks of best practice in this industry. I presume that a clear standpoint with regard to these two i.e (i) an international convention and (ii) an international benchmark standard will shed some light as to what should be expected from our local Private Employment Agency industry. What do you think? Teasing!!! 1 APSO has formed the Confederation of Association in Private Employment Services (CAPES)

45 nomy 45 Restrictions on foreign ownership of land is a bold step in the right direction By Mpheane Lepaku Chief Justice Mogoeng Mogoeng in a Constitutional Court judgement; Agri SA v Minister of Minerals and Energy in 2013, in a case which dealt with an expropriation claim in the context of mineral rights said the following South Africa is not only a beauty to behold but also a geographically sizeable country and very rich in minerals. Regrettably, the architecture of the apartheid system placed about 87 percent of the land and the mineral resources that lie in its belly in the hands of 13 percent of the population. Consequently, white South Africans wield real economic power while the overwhelming majority of black South Africans are still identified with unemployment and abject poverty. For they were unable to benefit directly from the exploitation of our mineral resources by reason of their landlessness, exclusion and poverty. The direct result of the British colonisation of SA was poverty, unemployment and economic insecurity for the black majority. One of the main reasons for the establishment of the ANC in 1912 was to fight colonial land dispossessions. The freedom charter states that the land belongs to all South Africans and not foreigners. The ANC Mangaung conference and prior conferences have resolved to address land dispossession through among other measures putting restrictions on foreign ownership of land. Many countries place restrictions on foreign acquisition of ownership of land. President Zuma s announcement of the policy on restrictions on foreign ownership in the 2015 State of the Nation Address has raised eyebrows among foreign investors. According to the Presidency the problems that this policy seeks to address include: The need to secure our limited land for food security and address the land injustice of more than 300 years of colonialism and apartheid. 45% of population (23 million South Africans) live on or below the poverty. 58% of this poverty stricken people are in rural areas. Access to a land allotment for households and rural entrepreneurs and enterprises has shown to go a long way in addressing equity and poverty (two parts of our triple challenges). In many instances high value agricultural land has had its use changed to luxury and leisure uses and environmentally sensitive lands have also been inappropriately developed; According to the Presidency the policy would apply to certain non citizens or foreign nationals. Foreign nationals would not be allowed to own land in freehold from the time the policy is passed into law; they will be allowed a long term lease of 30 to 50 years and that this policy will not apply retrospectively because of possible infringement of the constitution. The policy will also regulate the amount of land that any individual can own, the limit being (twelve thousand) hectares- an approximate equivalent of two farms. If any single individual owns above that limit, the government would buy the excess land and redistribute it. This policy is radical because it deviates from the neo-liberal economic view that developing countries should protect private property in order to attract foreign investment. Furthermore the policy might result in SA being classified as business unfriendly. Therefore, the policy should be applauded because it is in the national interest and not foreign interests. Contrary to government s position, the policy should apply retrospectively because I am not aware of a provision in either the Constitution or common law, which is against retrospective legislation. The policy should apply to all land and not only agricultural land. Many black people lack access to finance; they have to pay high bond costs, high lease costs for their businesses and residential areas. If this is not rectified, it means the black urban majority would not be able to afford houses in urban areas and would not be able to operate businesses there because of prohibitive lease rates and would continue to pay landlords who in many instances may be foreigners. It is not clear why non-agricultural land has been excluded. In the words of Chief Justice Mogoeng Mogoeng, the policy has the potential of giving South Africans in particular black people real economic power. Therefore, the policy is a bold step in the right direction and should be commended notwithstanding flaws in its design and limited reach.

46 The eco 46 A Voice from the Left: Response to the Six Myths on the Post-Apartheid Political Economy By Khwezi Mabasa South Africa s nascent democracy is facing a number of socio-economic and political challenges. These have permeated all areas of social existence, and have occasionally led to violent clashes in various communities. Many commentators have attempted to characterize the nature and primary causes of the above-mentioned challenges. They have provided both oral and written accounts of their perspectives on the post-apartheid developmental impasse. This discourse has been primarily driven by the following two important questions: what are the main causes of poverty, inequality and unemployment in South Africa? More importantly, which policies should be introduced to address these triple inter-related socio-economic challenges? The divergent answers emanating from this public discourse are inherently linked to the post-apartheid class struggle. They are a product of the contending views on what constitutes a just socio-economic order. The most dominant set of answers in the current epoch are those advanced by proponents of economic liberalism. This ideological hegemony cannot be separated from the power configuration of the country s political economy. Karl Marx highlights this point succinctly in the German Ideology (1848) when he states that: The ideas of the ruling class are in every epoch the ruling ideas, i.e. the class which is the ruling material force of society, is at the same time its ruling intellectual force. The class which has the means of material production at its disposal, has control at the same time over the means of mental production. This article will debunk the major arguments presented by this school of thought on the major challenges facing the post-apartheid political economy. It will illustrate that the analysis produced by proponents of economic liberalism is not based on sound empirical evidence. These commentators have advanced superficial arguments, which are solely driven by dogmatic ideological beliefs. Advocates fail to appreciate the deeper structural causes of poverty, unemployment and inequality. This shortfall will be highlighted by providing coherent counter arguments to the six myths of economic liberalism in postapartheid public commentary. The first myth is related to the unsubstantiated claim that unions in South Africa are too strong. Supporters argue that union strength is one of the primary impediments to economic growth in the post-apartheid era. The corollary of this perspective is that countries with high union density cannot achieve sufficient levels of economic growth or human de-

47 nomy 47 velopment. This argument is based on perception and not a concrete analysis of the labour market. Only 29% of the labour force is organized (belongs to a union), and these workers mainly belong to the public sector. Unions membership in the private sector decreased from 35.6 % in 1997 to 24.4% in 2013 (Bhorat et al 2014). The assertion made on union strength and its correlation to sluggish economic growth is also inaccurate. It is based on the assumption that economic development can only be achieved in contexts where unions are weak. The developmental experience of other countries with higher union density challenges this belief. For example, countries such as Denmark and Sweden where close to 70% of workers are unionised and have managed to achieve consistent levels of economic growth and development (before the global crisis). In fact, the reconstruction of these economies in the post-war era was largely influenced by the active participation of strong unions. More importantly, these nations are also ranked highly on the Human Development Index. The second fallacy promoted by advocates of economic liberalism is the rigidity of the South African labour market. They argue that the labour market in the post-apartheid is too rigid, and this is the primary cause of the triple inter-related socio-economic challenges. Again, this assertion is not based on an objective analysis of labour market trends. All the research on labour market restructuring in post-apartheid political economy refutes this belief. Informal and precarious forms of employment are expanding; whilst formal and standard employment is declining. This indicates that the nature of work has changed drastically over the past twenty years, clearly proving that the South African labour market is not rigid at all. Moreover, most workers in SA are deprived of their labour-related socio-economic rights. The Quarterly Labour Survey (2014; Q4) illustrates this exploitation by pointing out that 53% of workers salary increases are determined unilaterally by employers. It also highlights the fact that only 22% of the labour force was represented by unions during salary negotiations, and 6% of workers had no consistent increment. All the above-mentioned evidence indicates that the argument of labour market rigidity is not based on an analysis of employment trends. It is rather motivated by deeper ideological interests, which seek to promote greater employment flexibility in the pursuit of generating extra profit. The prevalence of precarious forms of work is the primary cause of poverty and inequality in South Africa. The third and probably most potent myth advanced by liberal analysts is the Insider/ Outsider theory. According to this belief, unemployment is primarily caused by the high wage agreements in various sectors. Supporters argue that large enterprises and unions agree to unjust wage agreements, which prevent small businesses and the unemployed from entering markets. The logical conclusion of this argument is to propose lower wages as a solution to the unemployment crisis. This popular theory is flawed, because it is based on an assumption that has not been validated. The correlation between wage variation and the unemployment crisis in SA has not been sufficiently substantiated by liberal economist. Most literature indicates that there are deeper structural causes of unemployment. For example, the expansion of non-productive sectors of the economy which are characterized by lower labour absorption rates. More importantly, the share of wages in the national income has declined drastically since 1994; but unemployment continues to increase. The fourth belief entrenched by liberal theorists is related to currency volatility. They argue that fluctuations in the value of the rand are solely caused by poor governance and labour market instability. This argument is very reductionist; it overlooks the following underlying structural causes of currency volatility. Firstly, the negative effects of the short-term investment associated with the growth trajectory of the post-apartheid era. Secondly, enhanced financial liberalization, which has allowed capital to flow freely in and out of the country, and diminished the state s capacity to regulate financial transactions. Thirdly, the over-reliance on primary commodities for foreign currency earnings. The fifth fable promulgated by liberal developmental commentators concerns investment. They argue that the country must adopt a catch all strategy, and ensure that it attracts large volumes of Foreign Direct Investment (FDI). This is the logic behind the investment argument raised in all debates, especially the ones on macro-economic stability. Advocates argue that we should maintain this stability at all costs in order to attract more volumes of foreign investment. Many proponents in government and the private sector view the above-mentioned strategy as a panacea for the nation s developmental challenges. Their conviction is based on the assumption that increased FDIs will lead to job creation and economic expansion. The uncritical acceptance of this belief ignores the nuances of the relationship between investment and economic development. South Africa has attracted the wrong type of investment; it is short-term and directed towards the non-productive sectors of the economy. Most of the FDI accumulated in the post-apartheid SA has been generated from mergers and acquisitions. These transactions have led to job losses and enhanced economic concentration. The accumulation of all types of foreign investment is not the perfect solution for our developmental challenges. In other words, the focus should not be on the quantity of investment; but rather the nature of FDI. This specifically applies to the linkage between FDI and the nation s industrialisation strategy. This last point is linked to the sixth liberal belief that needs to be challenged. Many

48 The eco 48 commentators have argued that SA should expand the financial and business services sectors. These analysts state that the global political economy has shifted towards knowledge-based economic activities, and SA should develop its services sectors in order to remain competitive. This point of view is based on entrenching the phenomenon of financialization in the economy, and expanding the non-productive sectors. Krippener (2006) describes this trend well by stating that it refers to a pattern of accumulation in which profit making occurs increasingly through financial channels rather than through trade and commodity production. This argument will not produce the economic development required to address the triple interrelated socio-economic challenges. These sectors have a have a low-labour absorption rate, and their expansion will coincide with a contraction of the more productive sectors (manufacturing etc) of the economy. Furthermore, expanding these sectors will exacerbate the challenge of a skills mismatch in the economy. High-end service sectors require advanced skills, which most of the unemployed population does not have. South Africa should rather focus on expanding and developing the productive sectors of the economy; because they are characterized by have higher rates of labour absorption and lower skills requirements. This critique raises the fundamental a question: what should be done to address these developmental challenges? The following policy strategies should be introduced: Place industrial policy at the centre of the nation s developmental strategy Implement measures to promote decent work as defined by the ILO Enhance regulation of the financial sector and introduce exchange controls Use state-ownership to restructure the economy towards localization and industrialization Link land and agrarian reform towards the goals of building local economies and industrialization Direct investment towards long-term economic activity and the manufacturing sectors. The other day as I was walking down memory lane in old Braamfontein, I overheard a conversation between five grumpy looking old fellows. At first I couldn t determine what the conversation was all about, but after listening stealthy to their debate; I established that they were having a dialogue about money. The following prose is what I managed to hear and gather from their conversation. A Dialogue on Money Is the saying true that... put your money where your mouth is? asked a guy I presumed to be a Marxist in perspective Quite often I hear Money Swindlers, Money-Mongers, more so Money-Lenders and Money Launderers reciting all these fanciful self made idioms about money... money is time... money makes the world go round, money is power... money is this or money is that. How is it possible that mere pieces of paper and coins, and most recently electronic pulses in a computer represents so many things at once... but more so how do these get the world so mad? the Marxist quizzed in anticipation of answers. Surely your questioning doesn t imply that the world should go back to the barter system... I presume sarcastically said the Money Swindler,...monetary theory teaches us that money is a medium of exchange in both worlds - ancient and modern. Eh..eh.. it also teaches us that it is a store of value and..eh.. he continued in an attempt to explain but was rhetorically interrupted. You mean a medium of capitalist exchange retorted the Marxist. Yes, exchange for whatever, wherever,

49 nomy 49 whenever,...as my friend have just told you it[money] transcends time, it is timeless... it is thus equally so with economic systems, it doesn t matter whether you live in a communalistic, feudalistic, capitalistic or communistic system it serves the same purposes and performs the same functions the Money-Monger intervened on behalf of his seemingly significant friend. But you interrupted my speech in the middle when I was trying to explain to you what the world s view of money is? Will you allow me to finish? Please let me finish... the Money Swindler demanded... it is the embodiment of value, the value of all things... it is capital it is... No.. no... no..oh.. no exclaimed the Marxist you have just touched on a point which evokes philosophical questions. There are several contending philosophical paradigms as to what constitutes money, some view gold as money, others silver, and yet some view any precious metal as money. All these have at some point in time presumed to contain value and as such had served as some form of money and you see once we open that book I might as well provide alternative explanations that appeal to my liking... especially when you start introducing the concept of value, that is a heavy loaded concept buddy. Realising their views were congruent with those portrayed by the Money Swindler and the Money-Monger, the Money Lender and the Money Launderer weighed in the discussion. Speaking in tandem, they hammered But we said that... remember in the beginning of our conversation we said money is power, money is time, money is value for all things...it is this and that and that... everything...with it you get everything a human s heart longs for Money rules where everything else has failed. If a girl you fancy rejects your advances, splurge money, see what happens when you do that; it will buy you love, it buys life...eh, it buys the loyalty of subordinates, it buys the favour of Politicians, it buys faith and the belief of Pastors, it even buys the consciousness of Revolutionaries!! Whoa, whoa whoa.. wait a minute exclaimed the Marxist again...your warped views on money and its characterisation have just made me to now.. really understand what Karl Marx meant when he wrote in 1844 in the Communist Manifesto that...money as the existing and active concept of value, as the representative value of all things debases all gods of man and turns them into commodities. [It] is the universal, self constituted value of all things, it is the universal whore, the universal pander between men and peoples Yeah..yeah...yeah.. he s right said all the four money lovers as they noded in concurrence, proceed they instructed. In a fiery, dramatic fashion, the Marxist resumed, as he quotes - from a little book which he clung to and guarded jealously - a piece of text, Karl Marx described money and exchange as follows; What I have thanks to money... what money can buy, that is what I the possessor of money am myself. The properties of money are my its owner s- properties and faculties[facilities]. Thus what I am and what I am capable of is by no means determined by my individuality. I am ugly, but can buy for myself the most beautiful women. Consequently I am not ugly, for the effect of ugliness, its power of repulsion is annulled by money. As an individual I am lame, but money can create twenty four feet; so I am not lame; I am a wicked, dishonest man without conscience or intellect, but money is honoured and so is its possessor. Money is the highest good so its possessor is good. Money relieves of the trouble of being dishonest; so I am presumed to be honest. I may have no intellect, but money is the true mind of all things and so how should its possessor have no intellect? Moreover, he can buy himself intellectuals and is not the man who has power over intellectuals not more intellectual than they? I who can get with money everything the human heart longs for, do I not possess all human capacities? Does not my money thus change all my incapacities into their opposite? Unaware of their reaction, as the Marxist was going through the text extracted from the Communist Manifesto, all four, i.e the Money Swindler, the Money-Monger, the Money-Lender and the Money Launderer were nodding endlessly in agreement, their faces gleefully shone with smiles. You see this is exactly how you people characterize and equate money to the Marxist accused them. One of them asked who wrote that classic manifesto? Karl Marx the Marxist answered. Who s Karl Marx? Ignorantly, two of them asked Does it matter who he is?, he agrees with what we have been saying all along, doesn t he? asked another. Yes, yes...of course yes they spoke in synchrony. In simultaneous jubilation and a jovial mood, all four shouted that is a great man, a great man indeed, is that [manifesto] available at a local bookstore? Enthusiastically, they asked the Marxist. Go try at Exclusive Books, maybe by luck you might find a copy he answered They immediately dashed for a nearby local bookstore at the corner of Jorrissen and Jan Smuts avenue in Braamfontein. As they parted ways the Marxist laughed softly, turned right onto Juta Street and disappeared in the nearby buildings. In soliloquy I thought, Even Money Mongers - Money Lenders and Money Swindlers see a point in Karl Marx s writings on money, Hmmm... money...money really matters.

50 50 The DA s B to limit and right to COSATU s response to the Labour Relations Amendment Bill introduced in November 2014 By Matthew Parks 1. Introduction The Congress of South African Trade Unions noted the proposed Labour Relations Amendment (LRA) Bill drafted by Mr. Ian Ollis, Member of Parliament (Democratic Alliance). COSATU rejects the proposed LRA Amendment Bill drafted by Mr. Ollis, in its entirety. COSATU s rejection of the Bill is based upon its being in direct contradiction with workers hard won right to strike as enshrined in the Constitution and the Labour Relations Act (LRA). It undermines South Africa s obligations under the ILO of which it is a member and a signatory to its conventions. It is in conflict with the Regulation of Gatherings Act. It is also in contravention of the National Economic Development and Labour Council Act. The strike statistics cited in the Bill s explanatory memorandum are inaccurate and fatally flawed. The Bill s memorandum completely ignores the root causes to why workers embark upon strikes and why South Africa as a whole experiences many instances of violence. Furthermore, the DA s Member of Parliament only published the Bill in the Government Gazette, a publication to which most workers do not have access. This makes it hard for ordinary workers to engage with this Bill and to present their opinions. It represents a prejudice against workers (in addition to the prejudice displayed in targeting workers through this Bill). 2. Constitutional Provisions South African workers right to strike was a hard earned right fought for over centuries since the first days of colonialism. This was not a right that was handed over to workers for free. Thousands of workers were murdered, injured and fired fighting for this internationally recognised human and workers right. The Constitution and the Bill of Rights state that: Every worker has the right: To form and join a trade union; To participate in the activities and programmes of a trade union; and To strike. They further recognise the rights of trade unions: To determine its own administration, programmes and activities; To organise;

51 ill proposes reverse the strike. 51 The Constitution stipulates that: The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation if reasonable and justifiable in an open and democratic society is based on human dignity, equality and freedom, taking into account all relevant factors, including: The nature of the right; The importance of the purpose of the limitation; The nature and the extent of the limitation; The relation between the limitation and its purpose; and Less restrictive means to achieve the purpose. The Constitution provides that Every accused person has a right to a fair trial, which includes the right: To be presumed innocent...; To adduce and challenge evidence; These provisions as outlined in the Constitution are enshrined in the LRA. The Bill states that if a trade union calls, supports or even endorses a strike, it shall then have a duty and be liable to repair or remedy injuries or losses occurring during such a strike. The Bill further states the trade union will then be liable to civil claims and the Labour Court may issue an interdictory or mandatory order, award damages or remove the strike s legal protection. It further states that unions will be forced to prove they took steps to prevent violence or vandalism. The DA s Bill proposes to limit and reverse the right to strike. The Bill seeks the power to transform protected strikes into unprotected strikes and abruptly halt certain strikes, by referring them to arbitration. This seeks to give employers a direct avenue to undermine workers hard won right to strike. It completely ignores the numerous checks, balances and processes that workers have to go through in order to embark upon a protected strike. It seeks to undermine collective bargaining which is a central foundation for stability, dialogue and conflict resolution in South Africa s labour market. In using the existence of violence during a strike as the trigger to redefine a protected strike as an unprotected strike, the Bill makes assumptions about the responsibility of trade unions for violence and thereby appears to abandon the constitutional imperative of presumption of innocence until proven guilty COSATU believes this is a direct attack on workers and unions constitutional right to strike. COSATU believes that this Bill is in direct violation of both the Constitution s guarantees of the right to strike and of presumption of innocence till proven guilty. If any person or organisation is guilty of violence or vandalism, then there is sufficient legal provision and recourse within common law for aggrieved parties to seek full legal recourse and compensation. If any person or organisation is guilty of violence or vandalism, then the South African Police Service and the National Prosecuting Authority have full powers to investigate arrest and prosecute such persons. The guilt of such persons, as outlined in the Constitution and existing laws, must be proven beyond a reasonable doubt. The difference with this Bill, is that it proposes that the right to being regarded as innocent until proven guilty be abandoned. It proposes that the accused union is automatically liable for any violence or vandalism that may occur during a strike. It does not provide for the reality that it is the police who are responsible for maintaining law and order, that unions are volunteer organisations and not law enforcement agencies and are not equipped to prevent any opportunistic criminal element of those who seek to take advantage of a strike. By the logic of the Bill, if an unrelated crime took place next to a strike, the union would be liable. There are sufficient criminal and other laws in place to determine the guilt of any accused. The law enforcement agencies are sufficiently capacitated. The right to be presumed innocent till proven guilty in a court of law is a Constitutional right that must be protected at all times. No law can be in conflict with the Constitution. 3. ILO Conventions Ratified by South Africa South Africa has ratified a number of Conventions of the International Labour Organisation (ILO) which are binding on the country. However if the Bill is adopted, South Africa will be in direct conflict with its ILO commitments In 1996 South Africa ratified Convention 87: Freedom of Association and Protection of the Right to Organise Convention, Article 3 of Convention 87 provides trade unions with the right to organise their activities and formulate their programmes and stipulates that public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise of this right. It is clearly the intention of the proposed Bill is to restrict this right. 4. Regulation of Gatherings Act, 1993 All public gatherings and demonstrations in South Africa are governed by the Regulation of Gatherings Act. The Regulation of Gatherings Act comprehensively deals with all aspects of public gatherings and demonstrations, including: Consultations, negotiations, amendment of notices, and conditions; Prevention and prohibition of gathering; Conduct of gatherings and demonstrations; Powers of Police; Regulations;

52 The eco 52 Liability for damage arising from gatherings and demonstrations; Interpretation; and Conflict and repeal of laws. The Regulation of Gatherings Act fully empowers the South Africa Police Service, Traffic Police and Municipalities with regards to: Assessing, approving or disapproving applications for gatherings; Ensuring that sufficient safety and security provisions have been put in place by the organisers for both participants and the public at large (e.g. marshals, route plan etc.); Taking any necessary measures to ensure the safety of both participants in the gatherings as well as other members of the public; and Rescinding approval for gatherings at any stage if deemed necessary for the safety of participants and the public at large. The Act covers in great detail matters of liability for any losses, injuries etc. as a consequence of any public gatherings. This includes recourse to legal and civil action and criteria for determining innocence and guilt. The Act regulates how all public gatherings and demonstrations are approved, organised and managed; including in the event of any incidences of violence. It further stipulates how any resultant liabilities will be determined. This Bill duplicates, contradicts and undermines the Regulation of Gatherings Act. Unlike this Bill, the Act, does recognise the right to be presumed innocence and provides clear criteria for the determination of liability where relevant. The Act further stipulates that it takes precedence over any other Act that may contradict it. If the intention of the author of the Bill is to improve the laws governing public gatherings, then they should propose that Regulation of Gatherings Act be amended. Introducing a contradictory act, is a recipe for legislative chaos. The Regulation of Gatherings Act, is comprehensive and binding upon all gatherings within South Africa. It provides for the determination of liability for any damages and violence occurring during such gatherings. No coherent argument or evidence has been provided for why a duplicate and contradictory law is required and why is a law required for only one civil society formation. South Africa unfortunately is an often violent society. Few parts of society are untouched by this. This can be seen from gang fights at schools, soccer hooliganism, taxi turf battles, weekend shebeen fights, road rage, rugby matches and even Parliament. Is the solution to this society wide legacy and challenge to provide a law governing each formation? Why has the DA drafted a law dealing with only one sector of society, namely workers and trade unions? If the Regulation of Gatherings Act, which does cover all of society, is not sufficient, then it should be amended and not the LRA. 5. National Economic Development and Labour Council Act, 1994 The NEDLAC Act legislates that NEDLAC shall: Consider all proposed labour legislation relating to labour market policy before it is introduced in Parliament; and Consider all significant changes to social and economic policy before it is implemented or introduced in Parliament; The President, in his June 2014 State of the Nation Address, requested social partners at NEDLAC to identify ways to improve labour marker stability. This has culminated recently with the Labour Relations Indaba hosted by NEDLAC in November where organised business, labour, community and government established a task team to deal with the causes of labour market instability and to propose solutions. This task team will present its recommendations on this in July This Bill and its proposed roll back of workers right to strike is a direct undermining of this critical process. The NEDLAC Act requires all proposed labour legislation and any proposed changes to labour market and key socioeconomic policy changes to be tabled at NEDLAC first before being sent to Parliament for consideration. This Bill was not tabled at NEDLAC as required by the NEDLAC Act. This Bill is therefore in direct violation of the NEDLAC Act. All labour legislation according to law has to be referred to NEDLAC before it can be tabled at Parliament. 6. Incidences of Strike Violence The memorandum to this Bill quotes a variety of statistics with regards to the number of strikes that occurred between 2009 and The source for these statistics is strangely not disclosed. For statistics to be taken seriously, their source, methodology, verification etc. must be disclosed. Otherwise they can simply be made up for whichever political objective is being pursued. The Bill states that in 2013, 114 strikes took place and that more than 50% of these were unprotected and often subject to violence and destruction of property. It appears that these statistics are from the Department of Labour s Annual Industrial Action Report, The manner in which the DA s Bill has used the data shows the biases and

53 nomy 53 prejudices of the Bill. In this regard, while the report does indicate an increase in the number of strikes, it also notes that there was in fact a decrease in the number of working days lost as a result of industrial action in 2013 as compared to To this end workdays lost decreased by 44.2% from in 2012 to in In fact, the number of days lost in 2013 as a result of industrial action was the lowest since This decline in working days lost is highly significant, since clearly this particular data suggests the actual impact of strikes is not increasing as a phenomenon in South Africa. The fact that the DA s Member of Parliament has selectively and disingenuously suggested otherwise is a serious concern and displays significant prejudice against workers, and reveals the true motivation of the Bill. In addition to a decline in the impact of strikes in 2013, analysis by the Government Communication and Information System (titled Insight, A Reflection on 2013 Wage Negotiations ) suggests that strike violence actually decreased in The Insight report notes that media observations are that 2013 strikes were not as violent or as intimidating as previous years. Furthermore the media reported that employers resorted to Labour Courts for protection against violence and intimidation. The Insight report by GCIS therefore calls into question the basis of the assertion in the Memorandum of the Bill that strikes in 2013 were often subject to incidences of violence and destruction of property. A simple read of the Department of Labour s breakdown of the 114 strikes recorded in 2013 reveals further fundamental mistakes. One, the persons indicating whether or not the strike was procedural or not and whether or not any acts of violence or damages took place, were the employers and not a neutral arbitrator such as the CCMA or the Department of Labour. The employer, with an inherent vested interest in suppressing a strike, can never be an objective source on whether a strike is procedural etc. The employer will always have an interest in the strike being declared unprotected as leverage in negotiations and as a step towards having those workers dismissed. Of the 114 strikes recorded by the Department of Labour in 2013, only 1 according to the Department of Labour s statistical breakdown was recorded as having being violent and only 1 as having seen vandalism take place. In other words, less than 2% of the strikes cited by this Bill and the Department of Labour recorded any incidences of violence or vandalism. Why then draft a Bill to only deal with 2 cases of violence and vandalism? In fact, if anything, unions should be commended for ensuring that only 2 strikes saw an incidence of vandalism and violence according to the Department of Labour s statistics for A useful question to then ask is why is this Bill silent about the other side of violence during strikes? Violence perpetrated against striking workers by security guards at the behest of employers unfortunately often occurs, be it against farm workers, domestic workers, factory workers etc. Should there thus not be a law dealing with violence by employers against striking workers? Or is that type of violence acceptable to the DA? 7. Socio-Economic Considerations Under apartheid black workers had no rights in the workplace, with legislation such as the Industrial Conciliation Act of 1924 excluding African workers from the legal definition of an employee. Management control of black workers in the workplace was reinforced by white power and black powerlessness in society, namely by apartheid. Successive oppressive colonial and apartheid policies created a range of institutions including amongst others, the migrant labour system, pass laws, compounds, hostels and Bantustans, which all sought to control black labour not only in the workplace but also in society. When the LRA and the Basic Conditions of Employment Act were enacted, they represented the foundations for reversing the apartheid labour market regime in line with obligations arising from then new Constitutional democratic dispensation and extending even further back to the 1955 Freedom Charter. Income inequality has moved in opposite direction to the one demanded in the Freedom Charter. The people do not share equitably in the country s wealth, with inequality still being defined along racial lines. The ILO reports that 33% of South African workers are in low wage employment, defined as those workers who earn less than two-thirds of the median wage (R1 867) or in the case of the EU definition 75% of the average wage. As of 2012, 85% of the workforce was working for more than 40 hours a week. Only 32% of all those who work had medical aid benefits, 71% of those employed were not unionised, 43% of workers (5.8 million workers) had no access to paid maternity/ paternity leave, 31% (4.2 million workers) had no access to paid sick leave and 35% (4.7 million workers) were engaged in contract and other short-term type of employment, 50% of workers (5.7 million workers) have no access to a pension or retirement fund and 33% of workers (4.4 million workers) do not have access to paid annual leave.

54 54 A useful question to then ask is why is this Bill silent about the other side of violence during strikes? Whilst the Bill cites fatally flawed strike statistics, it completely ignores South Africa s ticking time bombs of 35% perennial unemployment, the highest levels of income inequality in the world and unsustainable levels of poverty afflicting the overwhelming majority of society (the average African male worker is estimated to support 12 family members). It ignores an economic scenario where a junior staff member may make R2000 per month whilst the CEO makes R50 million per annum. The DA prefers to ignore the root causes of an angry, frustrated, struggling and tragically all too often violent society. The DA through this Bill s attempt to reduce workers right to strike, prefers to shift the blame for society s ills to the poor and to ignore the fundamental root causes. 8. Conclusion COSATU vehemently rejects this LRA Bill drafted by the DA in its entirety. Our rejection is based upon the following fundamental matters. The Constitution guarantees the right to be presumed innocent till proven otherwise in a court of law. This Bill demands that union be presumed guilty and liable till proven otherwise before even being taken to court by an aggrieved party. The Constitution, the Labour Relations Act and the ILO Conventions guarantee and entrench workers hard won right to strike. This Bill seeks to blatantly weaken and roll back that right. It further seeks to undermine collective bargaining which in fact provides stability for the labour market. The Bill contradicts and undermines the Regulation of Gatherings Act. Even if the alleged purposes of the Bill were to be accepted, it would still be a duplication of the Regulation of Gatherings Act. The Bill unfairly discriminates against trade unions, whilst ignoring all other sectors of South African society which too experience the pains of being in a violent society. The Bill audaciously ignores and violates the NEDLAC Act which requires by law, that any labour legislation and key socio-economic policy proposals be tabled at NEDLAC for consideration before being tabled at Parliament. The Bill selectively misrepresents strike statistics from the Department of Labour to paint a picture of a violent labour market in complete turmoil. It subjectively ignores the same report which shows that only 2 strikes in 2013 had experienced violence or vandalism. It completely ignores the 50% decrease in lost work days. It completely ignores the violence that workers all too often experience at the ends of employers, from farm workers to domestic workers to mine workers to factory workers. The Bill does not even acknowledge the dire socio-economic causes for workers to embark upon strikes. It appears the 34% perennial unemployment levels, the highest inequality levels in the world and a society in which the overwhelmingly majority of citizens are poverty stricken; are not worthy of being addressed. It is clear that this Bill seeks to undermine, reduce and roll back workers hard won right to strike. The right to strike is a constitutional right that was achieved at great cost during the struggle for a democratic South Africa. It is a human right that the ANC government correctly put in law. This tool is not a criminal act to be uprooted. It is the tool with which workers are able to advance their interests, to negotiate for improvements in their working conditions and to defend their rights. In economic terms, the right of workers to withhold their labour, is no less a right, than the right of suppliers not to provide a product if they are not happy with the price offered for it. If this Bill were to be passed, it would create conditions for unions to be bankrupted through civil claims for criminal acts not of their creation. This could cause the collapse of trade unions. Trade unions are a fundamental partner in labour market stability. Without trade unions, workers will be leaderless, wild cat strikes will become the order of the day and anarchy a norm. Perhaps it is important to remember that the author of this Bill is the Democratic Alliance. The DA is a party with a long history as the champion of the interests of big business. A party whose predecessor, the Democratic Party saw nothing wrong with participating in a white s only apartheid parliament. A party which proposed a qualified electoral franchise where only the propertied and educated would be allowed the right to vote. A party who s Members of Parliament were drawn from the ranks of Anglo-American at the height of the migrant labour system and mass dismissals of mine workers for demanding the end to apartheid and slave wages. A party which gladly merged with the party of apartheid, the National Party. This would explain why it is championing a bill which seeks to smash unions and workers right to strike. COSATU can never accept this Bill. Such a Bill will in fact bring workers out on to the streets in their hundreds of thousands to demand and ensure its complete defeat. At the very least, as required by the NEDLAC Act, this Bill should have been tabled at NEDLAC before being tabled at Parliament. Labour legislation, by law cannot be tabled at Parliament before being processed by NEDLAC. Given its unconstitutionality; its discriminatory nature; its violation, contradiction and duplication of existing laws, its irrational premise; and its naked desire to smash unions and workers rights to strike; COSATU rejects this Bill. It calls upon Parliament to do likewise.

55 55 Summary of CGE Comments on the NDP Fundi Nzimande Introduction The NDP has been hailed as a great planning document by the opposition parties. In a way it reflects the contesting voices of the bureaucrats and commissioners who had the responsibility of developing the document. In some sections it also reflects the contesting the voices of civil society whose inputs found their way into the national Development Plan. The CGE has also commented on the NDP. About the CGE The CGE is an organ that has been developed on the basis of Chapter 9 or Section (d) of the Constitution. It has been established under these conditions: Independence: The CGE is independent subject to Constitution and law, impartial, exercises its powers without fear, favour or prejudice No interference: No person or organ of state may interfere with the functioning of these institutions Accountability: These institutions are accountable to the National Assembly and must report on their activities and the performance of their functions to the Assembly at least once a year The tasks of the CGE are: Section 187 (1) of the Constitution states CGE must promote respect for gender equality and the protection, development and attainment of gender equality Section 187(2) of the Constitution states that CGE has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality Section 11 of the CGE Act provides functions and powers of CGE CGE Act requires CGE to monitor and evaluate the practises of organs of state at any level, statutory bodies of functionaries, public bodies and authorities and private entities CGE is authorised to make any recommendations to Parliament or any Legislature in relation to monitoring and evaluation To carry out information and education programmes to foster public understanding of gender equality To review laws and policies affecting gender equality and the status of women The Commission has a duty to investigate any gender related issues of its own accord or on receipt of a complaint CGE is empowered to resolve the dispute through mediation, conciliation or negotiation CGE has the power to refer the matter to the Human Rights Commission or Public Protector or any other relevant authority The Commission has wide powers of search and seizure and can subpoena any witnesses when investigating complaints in order to gather the necessary information. Section 38 of the Constitution allows anyone to approach a competent court to enforce a right found in the Bill of Rights, additionally empowers the Commission to take a case to court on behalf of a complaint CGE has the duty to monitor South Africa s Compliance with International Instruments ratified by South Africa relating to the objects of the Commission The Commission must, as far as is practicable, maintain close liaison with institutions bodies or authorities with similar objectives to those of the Commission in order to foster common policies and practises and to promote cooperation where possible Section 20 (1) (f) of PEPUDA allows CGE to institute proceedings in court on behalf of any aggrieved person or group. In instances where the Presiding Officer decides to refer the matter to the Commission, the case should be dealt with in a short period of time

56 The ec 56 The Act also places a duty on the Commission to assist complainants who wish to lodge a complaint and to conduct investigations where necessary The Act envisages that the Commission will play a role in the promotion and achievement of equality CGE Comments on the NDP The CGE has published its comments in a document entitled, Gender Analysis of the National Development Plan which may be accessed in full on the CGE website: or through the Research Department at the CGE Office The CGE indicates that any policy that is gender blind (does not take into consideration the effects of the policy on men and women in a different way) is bound to run into serious problems. Gender aspects have not been considered in an integrated fashion with women being considered as an add-on in, Women and the Plan. The CGE was never consulted in the process of developing the Plan which may account for the gender blindness of the Plan and the add-on salute to women, as an afterthought. The CGE makes its comments in order to assist the state to ensure that its responses to developmental challenges are able to address gendered implications, gaps and imbalances. The state is obliged to do this in line with its own gender policy framework which prescribes gender mainstreaming. The CGE submits that Chapter 1 of the Plan looked at the global issues rightly so; but failed to acknowledge the deeply racialised past of South Africa as well as the entrenched patriarchal culture and concomitant practices of South Africa. Perhaps it is the impact of patriarchy that makes the Chapter to completely disregard issues of women s empowerment and gender equality and the role of women in and the impact of key issues such as urbanisation, agriculture and infrastructure development, climate change and science and technology. On Chapter 2 the CGE notes that demographic data needs to be disaggregated to allow planners and policy makers to appreciate and respond to the specific needs and contexts of the target populations. The CGE commends the Plan on the attention it pays to issues of femaleheaded households and disaggregated data on male: female life expectancy. It is, however, disappointing that the term inequality is used too broadly in the chapter without indicating whether we are referring to, gender inequality, gender income inequality, income inequality or inequality in terms of race. Chapter 3 is characterised by complete blindness when it comes to the fact that women have traditionally been locked out of the economy by limiting their access to the formal economy and relegating them in large numbers to the informal economy and that even 18 years after the democratic dispensation; that black women are noticeably and seriously under-represented in the higher echelons of businesses, government and NGO leadership. The chapter also fails to address the issue of unpaid labour or the time poverty of women which proves to be a barrier to women s access to the economy and filling of senior posts in the formal economy. As a result it fails to indicate plans to address women s access into the economy such as expansion of a wide range of support for women s enterprises. As it is women s ownership of the economy will be left untouched at 2% in a country where women constitute 52% of the population. Chapter 4 also fails to recognise the difficulty experienced by women and the disabled in accessing basic services and public transport. The chapter, therefore, fails to understand the gendered implications of disabled people and women s lack of access to basic services for development prospects and it proves that very often government officials do not sufficiently understand, and are insufficiently aware of both national and international instruments that should guide them in policy and planning processes that are gender and racially inclusive. Chapter 5 which deals with environment and climate change acknowledges the statement made in the chapter about the need for the reduction of gender inequality is one of the keys to a response to climate change, however, it does not go far enough to indicate that this is a condition for a successful response to climate change. The chapter failed to acknowledge the unequal effect of smoke inhalation on women and children in the rural areas as compared to men, more women and children die from smoke inhalation. The chapter lost an opportunity to plan for more gender inclusive and gender responsive planning as part of a response to climate change. It does not acknowledge the skills and experience that women can bring to bear in the response to climate change. Chapter 6 on integrated and inclusive rural economy fails to acknowledge that some legislation seems to be working against constitutional prescripts when it comes to the issue of women s access to land. If women s access to land families would be able to increase the status of rural women s households and improve food security which has a number of social benefits. Plans for improving women s access, therefore, could have been made clearer in this chapter. Plans to improve basic services such as clean water and electricity for the benefit of women who end up with time deficits due to wasteful use of time travelling long distances to fetch water and to fetch wood which has other negative implications for them and the health budget later in life. The targets for job creation in rural and agricultural enterprises are not disaggregated in a

57 onomy 57 way that would show how these would be gender responsive. Chapter 7 on the positioning of South Africa in the global economy. This, so far has exposed South Africa to globalisation (and the international economic crisis where 4 out of 5 jobs lost were women s jobs). The textile industry is a case in point. It contributes to more precarious work by women and even higher poverty levels for those marginalised by the market. This leads to inability of developing states to provide social security nets for their populations which are often needed by women and their children. Chapter 8 on transforming human settlements fails to address the special needs of women such as access to child care as part of an integrated human settlements strategy. The CGE argues that a gender lens needs to be applied to understand the challenge of women s lack of access to housing in the country. Chapter 9 on improving education, training and innovation needed an understanding of gender disaggregated data on enrolments, drop-out rates and throughput rates. The chapter needed to address these issues and to speak to the gendering of the school curriculum (including the hidden curriculum) in order to counter the discriminatory attitude towards gender equality, and the rampant gender based violence (and hate crimes towards lesbian women). Chapter 10 skirts around the issue of women s reproductive health which accounts for poor progress on the issue of maternal mortality and 38% of which occurs as a result of the failures of the SA health system. The chapter is also unable to reflect on gender based violence, rape and the costs thereof. Men s circumcision has also been disregarded as a high risk issue in South Africa. Chapter 11 on social protection managed to avoid the use of gender disaggregated data; effectively masking the burden of black working class women in terms of inequality, poverty and unemployment. The way the chapter is crafted has hidden the impact of the intersection of race class and gender on black working class women. The chapter appears to suggest that all women have the same experience. Because of this, the chapter fails to emerge with useful social security measures that respond to the needs of the majority of women. The CGE argues that, The creation of a social security safety net is one way to deal with the challenges of poverty, unemployment, social dislocation and social problems related to HIV and Aids, and gender based violence. The NDP has lost another opportunity to address our social challenges from a gender-conscious lens. Chapter 12 on Building Safer Communities, the CGE is proposing that gender disaggregated data should be used to understand the crisis proportions of GBV in South Africa and that it should be prioritised for intervention. There should be planning for a response to the notion of corrective rape and other hate crimes which often lead to murder of LGBTIs in South Africa. Planning of a response to harmful traditional practices such as abduction for marriage (ukuthwalwa) and being tested for virginity (ukuhlolwa) as they interfere with women s right to control their own bodies. The chapter also lost an opportunity to integrate CGE work on GBV into this chapter as well as planning for more shelters for victims of violence whether men or women. Chapter 13 on building a capable developmental state is another area in which the NDP indicates it is a gender-blind document. It fails to indicate how gendermainstreaming will be incorporated into the kind of state envisaged. It fails to indicate how gender mainstreaming is intended to be incorporated in the planning processes, the policy making processes and not least in the budgeting processes. Chapter 14 on fighting corruption is blind to the fact that judiciary transformation has been exceedingly slow and almost gender-blind. Part of the agenda of fighting corruption should include transformation that includes representation of women on the judiciary. This, it is hoped, would be in addition to other measures such as education and development of the judiciary on gender matters. Chapter 15 on transforming society and uniting the country is one chapter where the NDP completely and unexpectedly obliterates women. This chapter only looks at transformation from a racial and a class perspective as if they have no knowledge of the victimisation of women simply because they are women. The NDP has not responded to the challenges of implementing progressive policies and not getting the required results. Conclusion The CGE has attempted to show through this submission what a gendered analysis of the NDP would look like. The gender blind nature of the NDP contributes to a lack of understanding of the impact the policies suggested by the NDP may or may not have on women. By asking questions about how issues are framed, based on which assumptions and what is left unattended we demonstrate that a gendered analysis, which works on an understanding of different assumptions and policies based on gender disaggregated data, would make a difference to womens lives. Vision 2030 cannot leave more than half of South Africa s population out of an analysis aimed at eradicating poverty, creating jobs, sustainable livelihoods and social cohesion. If this would be the case it would be detrimental to women, but also to the population as a whole, when policies do not take into consideration the short and long term needs of women.

58 58 Education outcomes: A case for Economic Freedom Mawethu Rune On 6th January 2015 Minister Motshega announced that class of 2014 had passed with 75,8 % for all intents and purpose, 75% is a good pass and this cohort of learners deserve to be congratulated and be wished all the best in its future endeavours. Albeit the challenges, it can be read from 2014 results not only of matric but all grades that education system is stabilizing. With greater consensus, it is now shared that education is the plausible escape from generational poverty and domination, therefore we can never have time to rest on our laurels, but we must agree that much more still has to be done. As we argue in this piece that remains yawning, race, gender and class inequalities, which are seriously interlinked and have interdependence with the education system performance and quality. A need arises to ponder beyond percentages and consider the state of each learner which started schooling 12 years ago juxtaposed against nice pictures we had seen of pupils which are starting school in 2015, with the central question being whether as a country we are providing the necessary and required support for learners to succeed. Not as an excuse but a historic fact with colossal repercussions, we must not dismiss the fact that we come from an era which was defined by the reductionist doctrine of Hendrik Verwoerd There is no place for [the Bantu] in the European community above the level of certain forms of labour. What is the use of teaching the Bantu child mathematics when he/she cannot use it in practice? That is quite absurd. Education must train people in accordance with their opportunities in life, according to the sphere in which they live., this philosophy had disastrous implications for education in this country and it will be naïve to suggest that its imprints are not visible even on today s state of education, as a black child had to be subjected to classrooms, underline classrooms not school, even in those classrooms there was no investment in building schools, no resources, no infrastructure, no proper sanitation, no electricity, no clean drinking water, no basic recreational facilities, no computer labs, no laboratories, no quality and adequately trained teachers etc. And of course we must then recognise the remarkable strides which have been made in improving the quality and quantity of South African education post 1994, as part of these efforts we now have one education system from the plethora we use to have. Basic education has reached universal access and furthermore no child is turned from school because his or her sin is being poor. Less reports of books not arriving in time are reported and all learners are tested in three grades on a common paper with various interventions to assist learners and empower teachers. To mitigate against conditions not created by schools, to date there are more than 80% of no fee schools, schools within deserving quintiles receive nutrition and school transport provided. The ANC Manifesto commits to building 1,000 new schools, to eradicate mud and improper schools, expand access to education and respond to the challenges of rural schooling and urban population growth. South Africa spends more than 5% of GDP on education spending more than any other country on the continent. The ANC has continued to commit on progressively introducing free education in universities and is now ensuring that no academically deserving child is denied access to study and NSFAS allocations have continued to increase. National Students Financial Scheme increased from R3,1billion in 2009 to the current R9,6billionn and non-payment for poor students in the TVET sector. The academic enterprise of the two new universities in Mpumalanga and Northern Cape has started in earnest and is the third dedicated health Sciences University built. TVET will enrol more than one million students in TVET colleges in 2014 and enrol an additional 500,000 students in the next five years and twelve TVET s built. With that being said, it is worrisome that as contained on the 5th January, SADTU press statement titled Enrolment, Retention and Throughput

59 Education 59 observing that In 2002, approximately 1.1 million learners enrolled in Grade 1 and of these learners, less than 50% wrote the current National Senior Certificate Examination not withstanding those who are repeating, and out of this numbers about gained university entrance. We remain with a large number of learners who are unaccounted for. Aspirations of more than thousands pupils and their families are not just statistics, but the shattered future of this country and devastation of being trapped in systematic poverty. As a country what do we say to more than pupils and their parents whom appreciate that without matric certificate or any other qualification the chances of living a better life to majority of them are slim? If indeed as it should education is the apex priority, how do we account for what the future has in store for this cohort, can we look at them not through percentages and statistics but in their faces and say all will be well. It can never be said that this cohort drop out, because they are incapable of passing or their brains are so stiff they can t comprehend with schooling but social ills and socio conditions appear to confirm that education challenges do not begin with education per se but are an integral part of struggle of oppressed people as a whole, hence twenty one years into democracy and the African working class child is still subjected to conditions that make him or her to drop out of school or not succeed must not be acceptable. It doesn t take a rocket scientist (not that studying a solid still object can be any complex) to confirm that success in the schooling system have a propensity of following well-resourced and affluent communities. It is only fair to observe that quintile 1 schools do much better as compared to quintile 5 schools, no wonder even awards are categorised per quintiles. It is intellectually silly to parade one or two pupils who beat the odds and do exceptional well from quintile 5 schools when the general rule of his or her colleagues over twelve years of schooling have joined the ranks of unaccounted youth and then want to suggest it all depends on individual determination. Hard work and commitment are critical for any student but it would be disingenuous to suggest that success or failure rest on that variant alone, independent of concrete material conditions. It is true that students who come from affluent communities with resourced and functional schools stand a far better chance of success that their counterparts who emerge from poor families and are subjected to studying in a poor school. This then follows that education is not a neutral phenomenon; it is either designed to oppress people or to liberate people! In the context of Eastern Cape for example education challenges are societal challenges which are structural, systematic (embedded in racial context), historic and ongoing. It is well recorded that the introduction of formal education and the heroic wars of colonisation resistance whom were fought for decades in this province was to have far reaching consequences of this type of education which colonisers and missionaries were intending to introduce in this part of the world. It explains why an overwhelming majority of the worst performing schools in Eastern Cape in last year s matric results were in rural areas that are under developed with poor conditions. Statistics are loud in that we have not been able to turn the tide in class inequalities and class bias towards the middle classes which continues to afflict our education system across the board. For instance apart from the fact that it is largely black middle class students who have accessed the better resourced former white schools, on 2014 outcomes, calculated against the cohort that started schooling 12 years ago, below 15% qualify to apply for admission in institutions of higher learning. This is compounded by the fact that an overwhelming majority of the learners who do achieve a matric exemption are children from the middle classes. Research shows that the probability of a black working class child achieving a university exemption is much less than 1%. This is indeed a deeply disturbing state of affairs. Just one in ten black pupils qualifies for university, compared with more than half of their white peers. Whites, who account for 9% of the population, gained 42% of the degrees awarded in 2007, almost exactly the same proportion as blacks, who are nearly ten times more numerous. Figures show that in historically black and previously disadvantages schools, which make up 80% of the country s 7000 secondary schools produce only 15% of students who qualify for university. Despite this large number of those who do get in, barely half end up with a degree. This amplifies the argument that education is an integral and intertwined struggle for economic freedom, infact quality education is a necessary impetus for economic freedom, while economic freedom is reassurance for quality equation. In one view this education should seek to change the socio-economic conditions of the poor for the better, because it is education that can provide an escape route out of poverty and promote diversified oneness and equality across racial, economic, cultural and gender lines. In the interest of the African working class child and future of this country, we must collectively ensure that a class takes greater responsibility for breaking new ground and reclaim the leading role in the education of its future and gravitate away from situation wherein education is made a football, where a blame game is thrown to and from by pressure or interest groups. Our struggle in the education sector must be that of arming the class, our struggle must be that of the people s education for the people s power, therefore we must insist that we must ground ourselves in understanding the relationship between the working class and the people if we are to take forward the concept of education for class in a divided society. We can only heed Nelson Mandela words when he said, Education is the great engine of personal development. It is through education that the daughter of a peasant can become a doctor, that a son of a mineworker can become the head of the mine that a child of farm workers can become the president of a great nation.

60 Educa 60 WITH the ECONOMICS Q&Asubject TEACHER By Zama Nkosi & Kuviwe Rakhoase the morning, the wheel of economics starts to roll, so that s what inspired me to be an economics teacher. I wanted to be able to impart this information to the kids and help to grow our economy in the long run. Pic: Kuviwe Rakhoase, & Mr Mashifane Zama Nkosi Q: Tell us about the importance of saving as students and young people, why is it important for one to start saving now? A: It s extremely important to save - you know our economy needs our people to start saving for the economy to grow. we are here with Mr Mashifane, an economics teacher from Tsosoloso ya Africa Secondary School. Q: What inspired you to be an economics teacher? A: I loved commerce and realised that economics deals with current issues and we live economics. When you wake up in We need savings, we as south Africans cannot depend on other people to come and create jobs for us, we need to create jobs for ourselves through savings. Our saving level is very low right now and it cannot create jobs for us, so the moment

61 tion 61 you start to save the money might be little, but that little is going to contribute to the economy so I encourage everyone to save. This money will be banked and businesses will have access to loans at a lower interest rate. We need to teach our young ones to start saving so that it becomes natural to them when they receive money and that way they won t spend all of it, but will know that there must always be a portion for savings in the money that you receive thus saving is vital for the economy. If we want to grow our economy, we need to save and not solely depend on investments from other countries. And we have a problem of unemployment and our people are not getting jobs but through savings at least an increase in the level our savings can help create jobs for us. Q: What do you think about our inflation rate in South Africa? A: Inflation in South Africa is under the brackets of 3% to 6% now. Last year December it went down to 5.3% which is within the recommended bracket. We need to bear in mind that the government mandated our South African Reserve Bank to keep it within 3% to 6%, and thats where it is at the moment which is good. Q: Tell us about educational planning, what do you understand about it and how important is it for a parent to take it into consideration for their kids? A: Nowadays, jobs that are advertised require people with skills and for you to acquire those skills you need to go through a schooling process so its important that parents make it a point to save for their kids further education so that they can be able to reduce our unemployment level, which is currently very high at a staggering number of more than six million. The print media continuously advertises jobs and only to find that our people don t qualify for them because of low educational levels. Therefore it is crucial that we save for our children so they can continue tertiary schooling up to a point where they will be absorbed by the economy. Q: What s the difference between budgeting and financial planning? A: With a budget you plan for your immediate expected expenditure and income in such a way that you don t budget whilst you have money but you do so before you receive the money by allocating how you are going to spend it. Financial planning is more long term based, it is also budgeting but for the future; and that is the difference. Q: Today is a very important day. The president will be delivering the state of the nation address to the whole country and EFF is planning to interrupt that. What s your take on that? A: The address by the President is not only of national importance but all investors including foreign investors will be watching the address. This address is going to give way for our economy and you don t disrupt such things because foreign investors will see us as a banana republic, a country that is not serious about issues that they need to deal with. Through the state of the nation address, the President will be giving direction on where our country is headed to. Therefore, it is crucial that we give him a chance to deliver the speech which may open opportunities for foreign investment because we need it as an economy that is still growing. Q: As an economics teacher in class, do your learners show interest when you teach them? Do they show interest in the overall economics of our country and do you think you are raising future leaders? A: Definitely yes, they are quite involved in the economics lessons because we try to teach them from the text book they are using into the actual world that they are experiencing every day so it becomes interesting to them. They learn about things that they come across when they go outside the yard, so I think we will be having future economists.

62 62 Comm Mine Workers affected by Silicosis and the women who care for them A Historic Class Action Lawsuit to Bring Justice for Gold Mineworkers In 2011, the Constitutional Court made a landmark ruling in Mankayi v Anglogold Ashanti, and determined that former mineworkers who suffer compensable diseases in terms of the Occupational Diseases in Mines and Works Act (ODIMWA) have the right to institute damages claims against their former employers. Thembekile Mankayi alleged that AngloGold negligently exposed him to harmful dusts while he was an underground worker from , which led him to develop Tuberculosis (TB) and chronic obstructed airways. These diseases left him unable to work, but he received only R16,320 in damages under ODIMWA, less than a year s salary. Mr. Mankayi never saw justice he died from lung disease six days before judgment was delivered. But his fight paved the way for tens of thousands of mineworkers with similar diseases who have the opportunity to hold the industry to account. In hearings scheduled for October 2015 in the South Gauteng High Court, gold mineworkers are now suing 32 gold mining companies, collectively the entire South African gold mining industry, for their right to fair compensation for Silicosis and TB contracted in the mines. 56 current and former mineworkers and the surviving dependents of mineworkers that died from these diseases are bringing this unprecedented class action lawsuit. They are class representatives for tens of thousands of their counterparts in this lawsuit. The Legal Resources Centre, Richard Spoor Attorneys and Abrahams Kiewitz Incorporated are representing the 56 applicants. The Treatment Action Campaign (TAC) and Sonke Gender Justice, represented by SECTION 27, have applied to intervene in the case as amici curiae to put the evidence described in this article before the court. The hearing to admit TAC and Sonke will be heard the week of 13 April The South African gold mining industry has long been criticised for the poor treatment of its workers and the dangerous conditions in which they work. Dust in the mines literally kills mineworkers: Silicosis, a degenerative lung disease caused by inhaling silica dust in the mines, and TB, easily transmitted in poorly ventilated mine shafts, are endemic occupational diseases. Professor Jonny Myers of the University of Cape Town s Centre for Occupational and Health Research says that the gold mines convert lung structure and lung function into profit. For decades, these gold mining companies have been under a number of legal duties to prevent and treat lung diseases such as Silicosis and TB. The industry as a whole has failed to comply with its duties to improve conditions that drive these epidemics amongst workers. Even worse, the industry has fought viciously against stricter regulation that would protect the health of workers.

63 unity 63 Consequently, mineworkers in South Africa are exposed to levels of silica dust that are four times higher than is permitted in Europe or North America. Moreover, the mining industry s actions drive the TB epidemic at large and burden South Africa s public health system making it a cost to us all. The gold mining industry has effectively displaced its responsibility for taking care of sick miners onto women living in poverty stricken rural mine-sending areas. When mineworkers return home sick with Silicosis and TB, it is the women who take care of them, at great personal and financial expense. All too often the mothers, sisters, wives and partners of sick mineworkers are required to withdraw from formal and informal work, or (in the case of girls) leave school, in order to care for those with mine-induced chronic and often fatal respiratory illnesses. Women with precarious employment and girls with limited formal education are more vulnerable to HIV and gender-based violence, hindering their right to equality. Mineworkers experience high levels of HIV and often experience co-morbidity of HIV, Silicosis and/or TB. Even without HIV, co-morbidity with TB and Silicosis is very common. The risk of developing TB is three times higher in mineworkers with Silicosis than compared to a group without silicosis. Providing care for these patients is often strenuous, full-time work. Since the discovery of gold in South Africa, the mining industry has depended on the migrant labour system as a means to channel great wealth to a few while maintaining the majority in poverty. This system is inseparable from our country s racist legacy. The apartheid state and the Chamber of Mines ensured that the mines enjoyed a cheap, racialised labour force by controlling hiring, imposing the colour bar and passing the Natives Land Act and the Pass Laws. Gold mining companies raked in unspeakable wealth, while mineworkers, their families and communities were left devastated. This devastation is acute in communities that provided mining labour in the former Transkei, Lesotho and Mozambique. The former Transkei, by far the largest provider of labour to these mines, experiences the worst levels of deprivation in the country, whether measured by rates of employment, level of education, living conditions or material deprivation. Research by the Southern African Social Policy Research Institute found that as of 2011, 69% of households in the former Transkei had no refrigerator, telephone, television or radio, and 58.4% people between the ages of had no secondary schooling 1. Recent research by the Health Systems Trust 2 puts a fine point on the deprivation and illness caused by the exploitation of gold mineworkers in the former Transkei. Almost all of the former workers in the study had symptoms of respiratory illness. TB was diagnosed in a quarter of them while in the mines and half of them after leaving the mines. None of them were formally employed and 92% said they went without food or experienced hunger every month. Almost none of the gold mine workers who develop Silicosis or TB have been compensated for their losses. ODIMWA sets a compensation ceiling much lower than that available under the Compensation for Occupational Diseases Act, which applies to every other industry in South Africa. Moreover, the Health Systems Trust s research found that 99% of the former mineworkers interviewed had no working knowledge of ODIMWA. A study by Deloitte found that less than 1.5% of claims of people certified as eligible for compensation through ODIMWA actually received their full compensation. These difficulties are compounded for foreign migrant workers who rarely know of their social security status in South Africa, and struggle to access benefits from their country of origin, where they must return after their employment ends. This historic class action lawsuit presents the best opportunity to date to end the impunity with which profit-obsessed gold mining companies in South Africa exploit and discard their workers and put the wider community at risk. It has the potential to address the grave dangers faced by mineworkers, as well as the minimal compensation offered through ODIMWA for the workers, their families, dependents and communities, all of whom suffer because of the unjust system that exists today. By Dean Peacock, Anele Yawa and Emily Keehn Dean Peacock is Executive Director at Sonke Gender Justice; Anele Yawa is the General Secretary of the Treatment Action Campaign (TAC); Emily Nagisa Keehn is a policy consultant at Sonke Gender Justice. 1 Noble, M., Zembe, W., Wright, G., Avenell, D., (2013) Multiple Deprivation and Income Poverty at Small Area Level in South Africa in 2011 Cape Town: SASPRI. 2 Jaine Roberts, The Hidden Epidemic Amongst Former Mineworkers: Silicosis, Tuberculosis and the Occupational Diseases in Mines and Works Act in the Eastern Cape, South Africa. Health Systems Trust

64 64 Comm Historic Class Action Lawsuit to hold South African Gold Mines accountable for failure to prevent and respond to Silicosis and TB This year, starting in April, a class action lawsuit is going to be heard in the South Gauteng High Court to seek justice for tens of thousands of current and former mineworkers who contracted silicosis and/or tuberculosis (TB) while working in South African gold mines, and for the dependents of deceased mineworkers, due to failures on the part of gold mining companies to prevent and treat the diseases. What is silicosis? 1. Silicosis is a disease caused by inhaling dust created during gold mining. It is irreversible, incurable, grows progressively worse and in late stages is disabling and potentially fatal. 2. Symptoms, such as shortness of breath, cough and chest pains, often only appear many years after exposure to the silica dust. 3. Black mineworkers have higher rates of occupational diseases, including TB and silicosis, than white mineworkers. 4. A miner with silicosis has a three to five-fold risk of developing TB, which is a frequent cause of silica-related death. Making gold mines pay for their failure to prevent and treat Silicosis and TB Current compensation scheme: The best available studies show that only between 1.5% and 2.5% of mineworkers certified as eligible for compensation for occupational illness through ODIMWA (the Occupational Diseases in Mines and Works Act of 1973) actually receive their full compensation. Even if mineworkers know of ODIMWA and are able to access compensation through it, ODIMWA provides much less compensation compared to other occupational disease and injury compensation schemes in South Africa. Because ODIMWA provides such poor compensation, the Constitutional Court in 2011 ruled in Mankayi v. AngloGold Ashanti Limited that mineworkers could file civil claims against their employers (mining companies) for occupational diseases such as silicosis and TB. The class action lawsuit: 56 applicants, who represent tens of thousands of mineworkers who have gotten sick (or their surviving families), are suing 32 mining companies, collectively representing the entire gold mining industry, for causing them to contract TB and/or silicosis. The 56 applicants are asking the court to rule that mineworkers with TB and/or silicosis can be treated as a class, meaning they could bring all the thousands of claims in one case. To be part of the class, mineworkers must have worked in the gold mines for at least 2 years from 1956 to the present and have contracted TB and/or silicosis. Legal teams at the Legal Resources Centre, Richard Spoor Attorneys and Abrahams Kiewitz Incorporated are representing the 56 applicants.

65 unity 65 SECTION27 is representing Sonke Gender Justice (Sonke) and the Treatment Action Campaign (TAC) in their application to intervene (as amici curiae friends of the court ) in order to introduce evidence on the socio-economic impact of occupational lung disease on mining communities and the gendered impact of unpaid caregiving for ill former mineworkers, which is provided by women and children in mining communities. This often results in financial, physical, emotional and health burdens and harm. The case presents the potential for the mineworkers and their families to achieve justice as well for increasing and improving accountability in the gold mining sector. The hearing for the admission of Sonke and TAC as amici curiae in the case will be held during the week of 13 April, 2015 in the South Gauteng High Court of South Africa in Johannesburg. One miner s story (paraphrased from his affidavit as filed by the applicants): I was recruited by TEBA, a mining recruitment firm, in 1985 and started working for Harmony Gold Mine. My job duties included igniting dynamite to clear rocks, as well as collecting rocks to place them in the path of the scraper. During my time working for Harmony, I was regularly exposed to silica dust. Despite the underground walls being sprayed with water every morning and after every blast, a lot of dust remained in the workspace I could see it, smell it and even taste it. This watering process was the only means of dust control, as there was no ventilation in the mine I worked in. It was largely ineffective as it only lasted for a limited period of time. As soon as the walls dried, the dust levels increased again. I never received any respiratory equipment, causing me to constantly inhale the dust in the mines. Every day, I was caked in dust. Prior to being permitted to work on the gold mines, I was medically tested for the presence of occupational lung disease, including silicosis, and was deemed to be well and fit to work underground. Thereafter, I was examined periodically for the presence of silicosis and other occupational lung diseases. In 1997, at the age of only 52 years, I was retrenched as a result of being diagnosed with TB and Pneumoconiosis during my Exit Medical Examination. In June 2012, I was diagnosed with silicosis, which I did not suffer from prior to working on the goldmines. I suffer from exhaustion and sharp pains in my lungs when I walk, making every day activities very difficult. As a result of my illness, I am no longer able to work and have accordingly suffered the following damages: loss of earnings; medical expenses; [and] general damages for pain, suffering, loss of amenities of life, disablement and reduced life expectancy. I have to support a wife, four children and two grandchildren expenses that my small government pension cannot fully cover. This story, the experience of just one mineworker, is shared by many thousands of gold mineworkers throughout South Africa. For more information, contact info@genderjustice.org.za

66 66 Youth The National Student Financial Aid Scheme failing our students? By Zama Nkosi & Kuviwe Rakhoase The National student financial Aid is one of the most successful schemes established by the government to assist students who are from disadvantaged backgrounds who have excellent academic ability. It provides loans and bursaries to students in all 26 public Universities and 50 TVET colleges throughout the country. NSFAS is treated like any other loan because it is money borrowed from the government and it is expected to be paid back fully by all beneficiaries of the financial scheme. Some students would totally disagree with the fact that it is one of the most successful financial scheme simply because they think that it s not everyone that accesses it.they say that if you are lucky enough you will surely be approved by (NSFAS), some say that hey honestly thought it was a financial scheme meant to assist those who cannot afford tuition fees. They say if one could make a survey and do proper background check you will actually be amazed by the number of undeserving students that are benefiting from the financial scheme. This is really unfair to the disadvantaged students because some of them end up not being approved because too many students have been accommodated already so there is a shortage. Considering the fact that it was solely established for the poor to assist them and them alone because they are the main reason it was established. It seems like our Universities have (vultures) people who steal from the needy by taking the money allocated to the underprivileged and giving it those who are not even close to being financially challenged. The national student financial aid scheme has faced challenges now and in the previous years and the University of Witwatersrand is no stranger to these challenges along with the University of Johannesburg, and the Tshwane University of Technology. Wits is one of the Universities currently faced with challenges concerning (NSFAS). The students of Witwatersrand are extremely angry with the issue at hand to such an extent that they threatening to demolish the learning facilities and burning the University itself in order for them to be heard. The SASCO branch secretary of Witwatersrand Phindile Nkuna commented and said that they want free education in their life time as a point of departure. They continued with comments like this is a national issue if it means burning their University, they will do so, Wits is anti-black and anti-poor. Their financial management office that deals with funds from the government do not do their job description properly because they fail to account for basic questions that are posed to them. For example, the government gives Wits R175-billion and they just had an anonymous sponsor who donated R100- million and when they were asked about that money they failed to account. There were needy students who were overlooked and were not granted the money hence they decided to protest and as the students of Wits they will stop at nothing unless their needs are met. We had interviewed various students who are from different Universities to voice

67 Stuff 67 their views and opinions concerning what they think is the cause of these challenges of (NSFAS) that most of our universities are experiencing. Most of their views and comments were the same because the majority of these students thought that the cause of these challenges is fraud or bribery within the financial office that deals with funds from the government.they continued to claim that most of the beneficiaries of (NSFAS) are not needy nor from disadvantaged backgrounds and that its actually students that can afford tuition fees. They said that the National Student Financial aid scheme is a very helpful scheme that the government has ever established. If only the right people Fast Facts What is NSFAS? (NSFAS) - Is a National student financial aid scheme that was established by the South African government to assist candidates who are from disadvantaged families with academic ability. It is a loan and bursary scheme operating in terms of Act 56 of 99 and is funded by the National department of Education. When was (NSFAS) first established? The National Student Financial Aid Scheme was first established in Key things that the (NSFAS) offers are? The means to obtain tertiary education Loans at low rates Loans without interest A reasonable repayable plan You qualify for (NSFAS) if you are? A South African citizen. Registered at a South African University or TVET college. An undergraduate studying for a higher educational qualification. Studying for a second higher education qualification if this is necessary in your chosen profession (e.g. LLB, HDE) Able to demonstrate potential for academic success. In need of financial assistance. were allocated to deal with such funds because they don t think that the government is at fault concerning these alleged challenges but the people that are to be blamed are the ones handling the funds at the Universities. They feel grateful when it comes to the government because it really went an extra mile by helping as many students who are from underprivileged homes but bearing in mind that some things don t add up when it comes to the (NSFAS).One of the students boldly said that most of these students that are said to be undeserving of NSFAS are actually are being raised by single parents who work for the government so now that the government doesn t cater for them they must now suffer because of their parents irresponsible acts. She said that she wishes that the government could at least come w i t h s o m e sort of financial scheme that will c a t e r for such students who are r a i s e d by single parents and are excluded from the NSFAS. Mr Blade Nzimande who is the minister of higher education and training said that the National Student Financial Aid Scheme has really tried to assist every needy child with their studies but the truth is that they cannot. They can only do so much to cater for the number that they can accommodate and this is their way of investing into the education of this country. He said that for the government to assist all the needy students across the country they would need about R51-billion in one year which is highly impossible. He said that the country should be focusing on the good side of the NSFAS nd not only on the mistakes only. For instance the scheme has really increased drastically in the past 2-3 years because previously it was only R3-billion and now in 2015 it is R9.8-billlion. This is proof that the government and the minister of higher education and training are really trying their level best to assist all the impoverished students. The (NSFAS) issue is really broad and everyone has their own different opinion as to why there are so many challenges within the National Student financial aid scheme. One of the candidates that we had interviewed gladly said that the government should treat them as its first priority because in as much as it is assisting them financially, they are also its assert because as soon as they finish their studies they will also benefit the government employment so it should look at it as a win-win situation. She said that the government should cut other costs in order of the country for it to accommodate all the poor students because they are the future of this country, tomorrow s leaders and if they don t invest in these students then who will lead us tomorrow.

68 68 Q&A Witwatersrand With Ayanda Ntombini, a second year student from University Youth By Zama Nkosi & Kuviwe Rakhoase children should also be included in the NSFAS allocation seeing that is one of the most successful schemes established by the government to assist students who are from poor family backgrounds and are academically competent? A: It s very contextual because as you have said that they are single parents who can t afford to pay tuition for their children so I think they should get NSFAS only given that when they do a means test to check that the parent cant really afford the tuition it is so and that s the only time they should be granted the funding. Ayanda Ntombini is a 21 year old second year student from Witwatersrand University. Her views are based on the topic of parents who work for the government (professional Government Workers) being granted NSFAS funds. Q: Do you think that parents who work for the government and have other responsibilities and priorities who cannot afford university fees for their Q: Don you think that parents whether single or not who work for the government and have full paying jobs should set their priorities right by putting their children s education first. Because the fact that they work for the government does not make them poor? A: It does not make them poor as you are saying but at the same time as I

69 Stuff 69 already mentioned earlier that its very contextual, you find that I can work for the government and be a professional doing whatever there but I still can t afford the same things that another professional can afford like buying a car or a house, therefore we need to look at how much the person is earning? Am I earning enough to be able to send my child to varsity or am I earning below the average that s needed? Q: Do you think that parents and children that work for the government whose kids are studying with NSFAS are stealing from the poor? A: If my parents are working for the government and they can afford to send me to school but instead I am getting NSFAS funding then yes I am stealing from the poor. Q: The National Student Financial Aid Scheme (NSFAS) has earmarked R9.5 billion in bursaries and loans for 2015, an increase from the R8.3 billion set aside in 2014, said Blade Nzimande the Minister of higher education and training. Do you think that this amount is enough and will be able to cater for all the students who are from disadvantaged backgrounds? A: No, it can never be enough because if you look at it, we have grade 12 learners that are graduating from high school to university s or FET colleges and they obviously need money because not all of us are as fortunate as other thus it can never be enough, we need more money. Q: Various Universities have faced challenges concerning the National Student Financial aid scheme, what do you think is the cause of the challenge? A: I would say that corruption is one of the reasons, it is people that administer the funds who are obviously part of the university or hired by NSFAS. I am not really sure but it is obviously corruption because they usually give these loans to people who don t deserve to be given these funds. Q: Who are these people? A: People that have money are not necessarily people that work for the government, for instance people that have their own businesses and people that do certain things and can afford. Q: Why would the government not allow the people that work for it these benefits of NSFAS? A: Well obviously the government as the employer knows how much you are earning, and it would not be wise for them to give you a loan on behalf of your child when they know that you can afford the fees. It is just people that have misplaced priorities, I guess someone who would rather buy a car than send their child to school. Q: Do you think post graduate students should also be allocated the National student financial aid scheme? A: I would say that if you can get good paying a job after graduating where you can be able to put money aside, and still be able to pay NSFAS loan back then I think they shouldn t. Q: Do you think it s fair for foreigners to study with NSFAS while we have South Africans who rightly deserve to study with NSFAS? A: We have kids that are being raised by foreigners but have a south African citizenship but my parents are foreigners and they can t afford the fees then I think they should grant NSFAS to that child but if the child or the entire family is from outside then they shouldn t. If they grant someone from outside that loan it then it falls short on someone from here who really needs it. Q: What would you say to someone that has studied using NSFAS and graduated and they are now working but not paying back NSFAS? A: I would just say you are heartless because you were given an opportunity by the government to pursue a degree whatever you wanted to pursue but now you have a job and you can afford to pay the money back but you don t want to pay. Is there really something like that? Like how heartless are you why not give another person the same opportunity you got and pay back the money? We send our gratitude for the time Ayanda gave us.

70 G 70 A e g n d e r e n d a Too Little, 2 Late: Ministry of Women Races to Report on Beijing +20 Just three weeks before governments around the world gather in New York to review progress on the Beijing Platform for Action, South Africa s Ministry of Women hosted a meeting in Kempton Park on the 16th February 2015 for civil society organisations to give input into South Africa s official report to be presented at the 59th session of the United Nations Commission on the Status of Women (UNCSW). The Beijing Declaration and Platform for Action are documents that state parties negotiated and agreed to at the Fourth United Nations World Conference on Women in 1995 in Beijing, China. This year, the UNCSW will review implementation of the Beijing Platform for Action twenty years after its inception. A report on South Africa s progress was submitted to the United Nations Economic Commission for Africa (UNECA) in June However, by the Ministry s own admission, the report was not widely consultative. While we commend the Minister of Women for withdrawing the initial submission to the UNECA, we are deeply concerned with how the consultative process was handled. We cannot, with good conscience, endorse a process that claims to be inclusive but only amounts to the contributions of approximately 80 people. At the meeting, attendees were handed copies of South Africa s Beijing+20 report and split into small groups to try to fill in the gaps. The little hours given to do this were not nearly enough to scratch the surface. If the final product is to be a true reflection of the status of women in South Africa, then sufficient time must be set aside to garner meaningful engagement. We are struggling to locate the experiences of South African women within this process, said Jabu Tugwana of People Opposing Women Abuse (POWA), The integrity and complex nature of South African women s experiences and interpretations of their experience is missing. Representatives of COSATU and the ANC Women s League (ANCWL) raised the need for wide consultation and legitimate engagement. In response, the Minister of Women, Susan Shabangu acknowledged the late timing of the consultation and offered attendees a week s grace to submit further comments. Furthermore, the Minister tried to remedy the problem by saying that the consultation process was not only about the UNCSW or a trip to New York, but a long-term discussion with the nation that will continue when the official delegation returns to South Africa. However, despite Minister Shabangu s efforts, more doubt set in when it was discovered that there were at least two versions of the country report doing the rounds at the meeting. Elizabeth Petersen from the South African Faith and Family Institute (SAFFI) was part of the breakout group ( commission ) at Monday s meeting focusing on the Human Rights of Women, Violence against Women and Armed Conflict. She shared her disappointment in the slow progress made, saying, at the dawn of our democracy, violence against women (VAW) was a national priority but today very little time was given to thrash out VAW issues and even less civil society voice was heard on this matter in our commission. Although the Minister of Women has said that discussions will continue after the UNCSW, a report is going to be presented on the status of women in South Africa at the UN global platform next month and that report will not show the realities that South African women face. Things cannot continue in this manner. The National Strategic Plan (NSP) for Gender- Based Violence Campaign partners continue to demand fully consultative processes for all issues relating to women particularly issues addressing and assessing violence against women in South Africa. It is our hope that the South African government will honestly reflect on where we are as a country as we seek to find healthy partnerships between government and civil society on this critical matter. We will not be forced to rush our own processes to catch up with the global discourse at the expense of countless women who experience violence and abuse in both the private and public spaces. This was released by the GBV National Strategic Plan (NSP) Campaign Partners: Access Chapter 2, Amnesty International, Community Law Centre, Disability Sector, Eastern Cape AIDS Crisis, Embrace Dignity, Emtonjeni CBO, ESSET, FEDUSA, Gender Dynamix, Gender Links, Grassroots Soccer, GRIP, JAW, Love 167, LRC, Masimanyane, Matrix Men, MOSAIC, MSF, NACOSA, NAMKO, New World Foundation, PACSA, Positive Women s Network, POWA, Progressive Women s Movement, Project Empower, Rape Crisis, SA Council of Churches, SACWF, SAFFI, SANAC, Sekwele Centre for Social Reflection, Sisonke Sex Workers Movement, Social Justice Coalition, Sonke Gender Justice, SWEAT, TAC, TB/HIV Care, TEARS, Thusanang, TLAC, TVEP, University of Pretoria Centre for Human Rights + Centre for Study of AIDS, WC Network on Violence Against Women, Women on Farms and World AIDS Campaign International.

71 Commission for Gender Equality holds Departments and Institutions accountable on Employment Equity in Johannesburg By Norman Mampane, COSATU Communications Officer 71G e n d e r A g e n d a The Commission for Gender Equality as established under Section 187[1] of The Constitution of the Republic of South Africa to handle issues of gender equality held supplementary public investigative hearings on employment equity at Johannesburg, and it was attended by various government Departments and Institutions of Higher Learning. It was held from the 17th February until the 18th February 2015 at Parktonian Hotel, Johannesburg. COSATU National Gender Coordinators were in attendance to be appraised on how the employers are implementing employment equity in favour of the working class at all workplaces. The subpoena[ed] Departments are the Department of Education in Free State, Department of Education and Sports Development in North West, Department of Local Government and Traditional Affairs in Eastern Cape and Limpopo, Department of Roads and Transport in North West, Department of Human Settlements in Free State, Sedibeng Municipality in Free State, Mangaung Municipality, University of Limpopo, Polokwane Municipality, Sizwe Ntsaluba Gobodo, and the Bojanala District in North West. Early lessons emanating from the Commission of Gender Equality for Labour is to hold employers accountable on employment equity targets and ensure that female employees are afforded an opportunity to participate in top structures in Departments and other Institutions, argued both COSATU National Organizing Secretary, Comrade Theo Steele and National Gender Coordinator, Comrade Gertrude Mtsweni. COSATU Gender structure must reiterate in its programmes to enhance, amongst others, on the following issues; Ø Ensuring representations of women is jerked up in terms of the United Nation s expectations on Gender and Beijing Resolutions since South Africa attended that conference and others thereafter, Ø Ensuring employers implement child care facilities for women employees whilst in the employment of Departments and Institutions, Ø Drafting of Employment Harassment Policies and implement them, with clear sanctions for any transgressions, Ø Protecting female colleagues in the workplace and students at institutions against rapes and sexual harassment, Ø Enhancing of mechanisms to protect those that report cases of sexual harassment from victimization by perpetrators; Ø Protecting all persons against discrimination based on sexual orientation at all workplaces and institutions; Ø Enabling both managers and employees to be capacitated with gender mainstreaming and diversity management courses at all workplaces and institutions; Ø Influencing of staff development budgets for a bias towards the training of women (many argue women are not empowered which is a myth); Ø Considering the interests of people with disabilities for employment, training and support at all workplaces and Institutions; Ø Establishing Employment Equity Committees across all workplaces and ensuring that relevant persons in authority are made to account on employment equity targets as set; Ø Doing advocacy on the protection of all children particularly girl-children and also uprooting improper association by those ushered with a responsibility to take care of children at all institutions and; Ø Supporting those affected and infected by HIV across all Departments and other Institutions through wellness programmes. All workers must report Gender Discrimination complaints across all Provinces on FREE or on CGEcomplaints@ tip-offs.com, argued Comrade Mtsweni. The objective of these supplementary hearings is not merely to assess the level of compliance with the Employment Equity Act (EEA). It is also to assess the effectiveness and impact of the implementation of the EEA by these entities on women, argued Commissioner Botha and Commissioner Mpumlwana, who is the Deputy Chairperson at the Commission. Section 12 of the CGE Act states that the Commission is empowered to hold both private and public sector institutions accountable for promoting and advancing gender transformation in the country, argued Commissioner Botha. Other Commissioners in attendance were Commissioner Hicks, Commissioner Bata, and Commissioner Mazibuko. A Society free from Gender Oppression and Inequality!

72 72 Zenande Mfenyane & Zaminkosi Nonhlanhla Mdluli & Zama Nkosi Koyo & Zama Every Girl By Zama Nkosi & Kuviwe Rakhoase has a Dream We tweeted about it, declared it all over Facebook and instagram and gave it a go too. Yes, it was finally here! Excitement was brewing in a small farm area around Midrand. The laughter of young women who had gathered there in anticipation of this occasion filled the air. Posters of empowerment, motivation and encouragement could be seen around the serine venue of the ULP house. It was the Every girl has a dream launch event. Every girl has a dream is an organisation that simply focuses on young and upcoming women who have dreams and aspirations and would like to make their dreams a reality. The organisation does not only focus on making dreams a reality but also urge and remind young girls that there is a leader that resides deep within a person. Every girl has a dream is more of a mentorship meets leadership programme because in as much as they coach and mentor young women, they also invest leadership skills because of a belief that every girl that is part of the organisation is the future of our country. They believe that within the young girls are potential presidents, parliamentary speakers and ministers. What excites me about the programme is the fact that they always emphasise the importance of education and reiterate that education is the key to success because it s no secret that our country South Africa invests so much into education. Thus they remind the girls of the importance of education. Nonhlanhla Mdluli the founder of Every girl has a dream and believes in mentorship and guidance. She believes that every young girl needs the wisdom, skills and expertise that come with old age as some young people can mess things up. This is the reason one of the guest speakers was an elderly female Mama Getty who has been her personal mentor for a couple of years. She likes the fact that her mentor is very compassionate about young women, she can read their minds and has a way of understanding them.

73 Mama Getty is a leader in her own right and is academically advanced, she always stresses the fact that women should equip themselves with education in order to gain and earn back all the respect. Nonhlanhla Mdluli is not only the founder of every girl has a dream but she is also mentor, life coach and a public figure. She has big plans for every girl has a dream and is hoping to produce the best leaders out of this organisation. I couldn t agree more with Nonhlanhla Mdluli because I strongly believe that our country is in need of fresh leadership, well equipped with the right skills and cutting edge solutions to our problems, to take this country to the next level. We need leaders with integrity who will do the most honourable things. It is in such programme or organisatios that young leaders that the country is in need of are produced and encouraged to become the best that they can be simply because in this programme they are exposed to so many things, that they usually have no access to. Nonhlanhla Mdluli was full of smiles and you could see the joy in her eyes, because all went well with her event, which was dedicated to the young women who were gathered there and she kept on bursting into songs, performing while we patiently waited for the guest speakers to arrive. Anticipation filled the spacious ULP house, as we were all expecting the unsual and our hearts were filled with joy. I learned so much on that day and I was inspired by the young ladies who were there. They were so driven and full of life, young women who are hard workers and willing to go an extra mile to make their dreams a reality although I could feel that some were threatened by others because of body structures and different tones and language. I felt and knew deep down in my heart that these young ladies are at the right place because they got all the answers they were looking for. When they walked out, they did so as different people; changed young woman who are ready to face the world and overcome it. Nonhlanhla Mdluli went all out to organise the best speakers, she did not compromise on that. Zenande Mfenyana a well-known actress, who has been on our screens for the past three years up to date, who currently plays the role of Ribba in the new soapy, ashes to ashes was present. I personally believed that she was the most relevant speaker and they couldn t have picked a better person than her. She shared her life journey and most of us could identify and with her struggles and downfall. She is a post graduate at the University of Pretoria and also shared her struggles after varsity including the pain of no recognition at all. All these nearly brought her down and killed her personal ambition, but she claims that self-encouragement and her Christian ways brought her back on her feet, and kept her going. She believes that everything on earth has its own time and place, she adds on to say that this is her time to shine. She really went all out to encourage the young girls; she made us realise that sometimes in life failure is caused by one looking down on themselves. She said, Once you tell yourself that you cannot make it, you ve lost the battle already. Don t let your unfavourable background pull you backwards. At your 73 starting point you don t have to do things wrong but you can excel from the start, and if it happened that you started off with the wrong foot then you can start over and learn from your mistakes. Failure and success are a choice that we make. Honestly, I was personally empowered, equipped and came out with so much knowledge. It was comforting to realise the fact that I am not the only one who goes through struggles in life, but there are so many people that can relate to my story. The 7th of march, a day before the 8th of march which marks, the annual International women s day celebration was one of the brightest and most fulfilling day well spent at the ULP house celebrating the launch of every girl has a dream. Were we also commemorating International women s day remembering and acknowledging the feminine spirit that resides within our women. Encouraging the spirit of womanhood and self-love, knowing your place as a woman and believing in yourself and the strengths that are within women. I learned that women are leaders of their own lives, we should take charge of our lives as women because if we don t no one will. We should always be the best we can be, never do anything in vain, always put extra efforts in everything we do if we want to see different results. Never look down upon yourself, and never pull other women down in order for you to feel good. Always believe in the beauty of your dreams because the future belongs to such, anything they want to achieve as women it needs a dream, will-power and a positive attitude. G e n d e r A g e n d a

74 74 International Mat The AFL-CIO, Palestinian Workers & Zionism By Steve Zeltzer It is appropriate that this important national conference is convened days before the 2005 national AFL-CIO convention. The present crisis in the AFL-CIO is in part related to its international collaboration and support for the military and economic policies of the US. The failure to provide a transparent operation nationally and internationally is part of the crisis wracking the AFL-CIO. In 2002, during the Israeli invasion of the West Bank, none other than AFL-CIO president John Sweeney joined in a press conference with Bush administration officials and Benjamin Netanyahu to support the US-backed Israeli invasion of the the West Bank. Despite the fact that the invasion is a violation of many UN resolutions and is conducted to maintain the continued occupation of the West Bank, Sweeney and the AFL-CIO leadership have put their support for the policies of Israel and Zionism above their support for basic labor and human rights. Many unions around the world also opposed this invasion but this has not seemed to bother the leaders of the AFL-CIO. Seven years ago, in 1998, Sweeney accepted the Israeli Bonds 50th anniversary Labor Achievement Award for his sterling effort to get unions to invest their pension funds in these bonds. The Israeli invasion, the construction of the apartheid wall and the flagrant attack on the democratic and labor rights of Palestinian workers are in fact the present policies of the pro-zionist leadership of the AFL-CIO. As you enter the offices of the AFL- CIO in Washington D.C. you will find a statue of Golda Meir. This is no accident, since the history of the AFL-CIO and its predecessors was tied to the formation of the state of Israel. In the post WW II period before Israel was established and the AFL and CIO merged, the leaders of the US trade union movement were actively at work supporting US imperialism. Most of these trade union leaders supported the Korean War, the Vietnam War and every military intervention of the US government without exception. CIA labour operatives like Irving Brown were sent to Europe and Turkey as well as many other countries to fund and establish US style business unions. This open support

75 ters 75 for US imperial interests was nothing new. In fact, it continued in the witch-hunts throughout the American labour movement to purge and eliminate all militants, socialists and communists from the unions. George Meany, the first president of the AFL-CIO, continued this policy internationally. He installed Tom Kahn into the International Affairs Department and took millions of dollars of US government money to actively intervene in unions throughout the world. Tom Kahn defended the use of covert US government funds for its international operations by arguing that since this was tax-payer money US unions were entitled to use this for their operations. It was just getting your money back from the government according to Kahn. A key component in the anti-communist and pro-imperial policies of the AFL-CIO was its collaboration and support for the Israeli trade union federation, the Histadrut. This Zionist federation had an open record of discrimination against Palestinian workers and had as its founding principle the support and defense of a Jewish state. The Histadrut has collected tens of millions of dollars in taxes from Palestinian workers and refused to allow these funds to be transferred to the very Palestinian workers they were collected for. Legally, all workers in Israel, regardless of nationality, are covered by the contracts reached between the Histadrut federation and employers. All doing the same job should be paid the same wage. In reality, this rarely happens. All West Bank and Gaza workers who work through government labour exchanges pay a fee to the Histadrut. The government deducts an organization tax of 1% from their wages and gives it to the Histadrut to provide trade union protection. The Histadrut claims to be unable to give such protection as it lacks access to the necessary records. The result is that collective agreements go unmonitored and employers benefit by paying discriminatory wages. Although they pay dues to the Histadrut, West Bank and Gazan workers are not entitled to vote in union elections or to take part in local workers councils. They are even denied observer status on plant workers committees. Where Palestinians and Israelis in the same union do comparable work, Palestinians are normally paid one-third the wage of their Israeli counterparts. Marty Rosenbluth discusses an example in the 1987 November/December issue of International Labour Reports: Two years ago, workers at the Berman Bakery in Jerusalem walked out in protest over poor pay and conditions. All 35 were from the West Bank and were registered with Israeli government labour exchanges. Some had been at the bakery for several years. Yet they were making one-third of the wages paid to an Israeli for the same job. They complained to the plant s workers committee but the union did nothing. Haim Maman, spokesperson for the Histadrut, the General Federation of Workers in Israel, told them, We have no commitment to West Bank workers. The Histadrut also has a sordid record of collaboration and support for the South African apartheid state. Israel was a critical ally of South Africa and was involved not only in supporting it politically but also in transferring nuclear and military technology to the regime. Through its commercial enterprises, the Histadrut was engaged in these very military transfers. Histadrut-owned military plants helped keep the regime well armed and in a better position to suppress the Black working class. This was one of the key reasons that the South African labour movement and the ANC opposed Zionism politically. They had personally seen the role of Zionism in supporting the apartheid regime. The AFL-CIO has not only been uncritical of the Histadrut but has been a key component in supporting the Zionist state economically and politically. US labour organizations have bought Israeli bonds even though the return on these bonds is below other investments. These purchases are not about defending the pensions of their US rank and file members. Democrat controlled states in some cases have changed state laws to allow unions to invest in Israeli bonds even though the return on these bonds is lower than other US-issued bonds. Of course the supporters of Israel have also made sure that the US is now guaranteeing Israeli bonds so US taxpayers would pay for any default. This was crucial to enabling use of union pension funds to purchase low-grade investments that would otherwise have been prohibited. Without the knowledge or consent of the rank and file of the House of Labor, billions of dollars have been invested in Israeli bonds. These bonds are helping to prop up a regime and state that enshrines not separate but equal but special rights for Jews. Discrimination is illegal in the US and is opposed by US unions. But because of their ideological support for Israel and Zionism, such discrimination is accepted. The Jewish Labor Committee, Israeli politicians and the Israel Bonds National Labor Division have also orchestrated investment of US union pension money. Nearly every top US trade union official has supported this campaign - from Terence O Sullivan of the Laborer s, Richard Trumka, Michael Monroe of the Painters, Morton Bahr of the CWA, Dennis Hughes of the NY State AFL-CIO and Mike Sacco of the Seafarers Union. Black trade unionists such as AFSCME Secretary Treasurer Bill Lucy, who is also the president of the Coalition of Black Trade Unionists and the A. Philip Randolph Institute, which was led by Norman Hill, have also actively supported the purchase of Israeli bonds. The Israeli Bonds Labor Advisory Board is co-chaired by Barbara Easterling, Secretary Treasurer of the CWA. A key question for US workers is the democratic transparency of their unions. Most US trade union members are not

76 76 International Mat active in their unions. The unions that invest millions of dollars of their pension money in Israeli bonds and businesses do not make it their business to inform the rank and file of these investments. The primary goals for the campaign to defend the democratic and labour rights of Palestinian workers is to educate and inform union members about the conditions of Palestinian workers, and the role of the AFL- CIO in helping to prop up the apartheid conditions and the government that supports these policies. Another important element is the campaign to silence particularly Black, Palestinian and Jewish academics who are critical of the policies of the Israeli government. The Anti-Defamation League, with a budget of over $30 million has compiled a black list of professors or lecturers critical of Israel. ADL supporters and agents around the country mobilize against professors who voice criticism of Israel. They orchestrate an atmosphere of fear and terror either to get the academic fired or to prevent them from getting tenure. One of the most overt cases is that of Sami Al-Arian, currently incarcerated under trumped up charges of terrorism. The ADL supported efforts to fire Al- Arian who was a professor at South Florida University. The ADL and racist and reactionary Fox TV host O Riley launched a national witch-hunt charging that Al- Arian was a terrorist. He did win labour support despite this propaganda blitz. Roy Weatherford, president of USF s AFT faculty union filed a grievance against his illegal termination, as well as the Association of American University Professors. Despite this important effort, the government, using new provisions of the so-called Patriot Act, arrested Al-Arian and put him in solitary confinement. The ADL has been part of an international campaign to convict Al-Arian for his viewpoints in solidarity with the rights of Palestinians. We were successful in getting the San Francisco Labor Council to support his defense and to tie this to his labour rights. Despite these efforts, the US government, with the acquiescence of the AFL-CIO leadership has used the Patriot Act to launch a national racist campaign of terrorism not only against Arab American and Muslim working people but also against other people of colour. This witch-hunt has been used to try to silence critics of Israel throughout the country. This is precisely one of the goals of the Patriot Act. US Workers Support Equal Rights The vast majority of US workers support democratic rights and equality for all. This puts them in direct opposition to the Histadrut and the Israeli government. There have been successes in the fight to divest union money from Israeli bonds. In the UAW when Arab American workers found out that the UAW leadership had purchased Israeli bonds, a march and rally of over 2,000 workers was held in Detroit to protest these investments. Following the militant march, the UAW divested its bonds. In California, the San Francisco Labor Council and by SEIU 535 SF Chapter passed resolutions in defense of Palestinian labour and human rights. ILWU Local 10 also passed a resolution against the attack on Palestinian unions and included a call for a halt of all military aid to the State of Israel. It is no accident that ILWU Local 10 has taken this stand. The majority of its members are Black and it was also involved in supporting the fight against apartheid in South Africa. Local 10 hot cargoed (refused to work cargo) from a South African ship in San Francisco. Supporters of Israel opposed the San Francisco Labor Council resolution protesting the bombing of the PGFTU offices by US supplied Israeli helicopters. Natalie Berg, a past staff member of AIPAC and a member of the San Francisco Community College School Board called the leaders of the San Francisco Building Trades and threatened to stop all union construction contracts unless the resolution was rescinded. Walter Shorenstein, the largest building owner in San Francisco who is also known as a bagman for the Democratic Party nationally called then SF Labor Council Secretary Treasurer Walter Johnson and demanded that the resolution be dumped. The resolution was only rescinded after a long debate in the SF Labor Council. The bureaucrats exercised a per capita count to over-ride the clear vote of delegates in attendance. The fact of the matter is that the delegates who regularly attended the SF Labor Council were unmoved by the pressure of the Zionists and their supporters to rescind the resolution. They stood by their principles. The role of Israel s supporters in the Democratic Party in the major cities of the United States is critical. Time and again they have influenced and steered the union bureaucracy toward their support for Israeli bonds and the Israeli state. A major problem for the supporters of Israel in the U.S. labour movement, at least on the West Coast, is that many of the delegates supporting these resolutions within are Jewish union members, delegates and labor activists. This has made it extremely difficult for the Zionists to charge anti-semitism. It s a valuable lesson to other unionists, in the instances when debate occur, about the double standard that the supporters of Israel and the Histadrut have when it comes to Israel and equal rights. They defended the bombing of the PGFT offices by saying that it was only collateral damage and it was not actually aimed at the trade union offices. The issue of Palestinian labour and democratic rights is an issue that can win wide resonance within the US labour movement if American workers have the facts. It is our job to provide that information and make sure that the statement equality and justice for all includes Palestinian workers.

77 ters 77 BUNGE LA MWANANCHI pledging SOLIDARITY TO THE PEOPLE OF THE BOLIVARIAN REPUBLIC OF VENEZUELA in REJECTING AMERICAN IMPERIALIST SANCTIONS Bunge la Mwananchi (People s Parliament) supports and welcomes the position taken by both MERCOSUR and UNASUR against the unilateral sanctions by the government of President Obama and the United States Congress against the People of the Bolivarian Republic of Venezuela, punitive measures which are intended to undermine and destabilize the Government of Venezuela. We stand with the People of Venezuela and its social movements in South-South solidarity, defending the independence and sovereignty of Venezuela against any imperialist attempts to undermine the social progress made in the Bolivarian Republic of Venezuela under the leadership of President Nicolás Maduro. As Bunge La Mwananchi, an African social movement, we know from the history of the United States imperialist interventions in Africa that the Empire is not our teacher regarding Human Rights and democracy, since it has a clear record of double standards and hypocrisy. This same hypocrisy and double standard is exhibited today by President Barack Obama for supporting sanctions against Venezuela a day after announcing an effort to normalize relations with the Republic of Cuba, after decades of American unilateral trade sanctions that failed miserably to undermine the Cuban Revolution and its great People. We from Bunge La Mwananchi urge Venezuelan Social Movements not to concede an inch to imperialist intervention in the Land of Simón Bolívar and to defend the ideas of Comandante Hugo Chávez, the father of revolutionary struggle and 21st Century Socialism in Latin America. Long Live the Bolivarian Revolution! Long live South-South Solidarity! Wilfred Olal - National Cordinator

78 78 International Mat Solidarity and Support for the 11th International Israeli Apartheid Week Introduction the aim of this piece is to raise awareness about Israel s apartheid policies towards the Palestinians and to build support for the growing Boycott, Divestment, and Sanctions (BDS) campaign in solidairty with the 11th International Israeli Apartheid Week, that began on 2nd March We urge all COSATU members, workers and the people to South Africa to rally behind the struggle of the freedom of the Palestinians and to condemn the crimes committed daily by the Israeli Zionist regime. The people of Gaza and West Bank are subjected to relentless blockades by the Israeli army in their ancestral land and still suffer from land and property dispossessions. We have a moral responsibility to condemn the Israeli government s apartheid practices and policies of and join efforts to force it to uphold the international law that condemns racial oppression. We suffered state-sponsored injustices for more than 300 years in this country and so we have a special responsibility to support those fighting for tolerance and justice. From our own experience, we know how painful and dehumanizing is the system of segregation, known here as apartheid, a system based on the assumption that one group or race is superior to others and therefore has a right to all the privileges and virtues associated with that particular status. It has a right to run and determine the lives of others, excluding them from certain privileges, merely because they do not belong to the chosen group. What other definition would so fittingly define a system based on different rights and privileges for Jews and Arabs in the Middle East? The bantustanisation of Palestine into pieces or strips - West Bank, Ramallah, and Gaza strip and so on - run by Israel and with no rights whatsoever for the Palestinians, is definitely an apartheid system. Israel occupied the land of the Palestinian people and created settler communities of Jews who enjoy a different lifestyle and privileges than those experienced by Palestinians. Palestinians are packed like Sardines in a tin throughout the Bantustans, with Gaza being acknowledged as the world s biggest open-air prison. The prime characteristics of apartheid in South Africa included segregation into highly developed whites-only areas coexisting with extremely under-developed black communities, where the majority lived with no or limited rights and access to basic facilities. The black majority had no rights to freely participate and determine their destiny without the supervision of the superior race, which made all the decisions and enforced them through a highly militarised state machinery. The country was further balkanised into various Bantustans - Bophuthatswana, Kwangwane, Kwandebele, Venda, Transkei, KwaZulu, Ciskei, etc. - that were partitioned in such a way that within the same country you needed a passport to travel from one Bantustan to the other. In between these Bantustans was South Africa, a land foreign to all blacks but firmly in the hands of white supremacists. What is the situation in Palestine today? The country is segregated into highly developed settler communities of Jews, on the one hand, and extremely poor and under-developed Arab communities, where the people have no or limited rights and access to basic facilities, with Gaza being the most evident of these. The Palestinian people cannot freely determine their own affairs and run their own country, for it is occupied by a colonial power called Israel. The country is further balkanised into various Bantustans, amongst them, West Bank, Gaza, and Ramallah, which are connected through extremely restricted travel access over Israel. It is because of these similarities between today s Israel and our past that we call the Israeli state an apartheid state. Ordinary people in the West Bank, and in the Gaza Strip, have suffered enough under Israeli occupation. The settlements, the separation wall, the hundreds of checkpoints and the detention of over 11,000 Palestinian people in Israeli jails are just some of unbearable conditions that prevail in Gaza. It is our firm belief that, like all other suffering, colonised, oppressed and subjugated peoples all over the world,

79 ters 79 Palestinians are not naturally a violent people. They are not provocative, but they have the right to resist when provoked and subjected to the most cruel and barbaric forms of occupation and invasion. They need to restore their pride and dignity, and regain their disposed lands. We support these claims unconditionally. We too suffered in defence of exactly the same claims in the hands of ruthless sister forces to the Zionists who occupy Palestine. Resistance must never be equated to provocation. In the same way that the ANCled liberation movement here in South Africa refused to submit to the most extreme form of invasion and subjugation, but fought with all means at our disposal, why should the Palestinian people be denied that right? This is why the Palestinian people are right to fight for their freedom. However, in fighting for their freedom, they are called all sorts of names, just as we were also called all sorts of names, the best known of which is terrorists. Which freedom fighter has never had that label, even our own heroic son of the soil, Comrade Nelson Rolihlahla Mandela? It has become an honour for anyone fighting for freedom to be called a terrorist. Just next door to us in Swaziland, PUDEMO President, Mario Masuku, is seriously ill in jail on trumped-up charges of terrorism, merely for fighting for the rights of his people. However, that should not lead to all sorts of distortions about the reality in the Middle East. The aggressor is the coloniser, in this case Israel, who forcefully invaded the land of other people and took it away. What other option was left for those disposed Palestinians than to resist and fight for their land? And that is what exactly the people of Palestine are doing. The hypocritical apportionment of equal condemnation to both the aggressor and victim is dishonest and unfair. There is no neutrality in a struggle when basic rights are violated; the occupying and oppressive force is immoral and the resisting force has the moral responsibility to fight for freedom, though this does not mean there are no limits and responsibilities for those fighting freedom to observe, of course. Israel however uses brute force to impose its illegal occupation of Palestine. Regular outbursts of direct military violence and response by Palestinians that have recurred at least once a year since 2002 ( Operation Defence Shield ) multiply victims but do not change the basic fact of Israeli occupation and brutality. And every man, woman, child or elderly person that manages to escape or hide from the predictably bloody assault will later be hunted so that the cleansing is complete and the commanders in charge of the operation can report to their superiors saying: We ve completed the mission. And then, from up there above, they will write about the Palestinians violent nature and they ll make declarations condemning that violence and they ll get back to discussing if it s Zionism or anti-semitism. We support and encourage the BDS campaign against Israel around the world. This is not only necessary but also a duty of international solidarity, which should be the priority action point among trade unions around the world. We also call upon all and everyone to be an active player in raising funds and all the material resources to meet the bare necessities of food, medicine, and medical supplies for the people. The utter disregard for international law by Israel and its contempt for United Nations resolutions further confirm the need for the restructuring and transformation of this super global governance institution to meet the challenges of the 21st century. Its relevance as a custodian of global peace and security is in question. So is its legitimacy to resolve disputes and set standards for global governance. I urge all trade unions, social movements, NGOs, religious organizations and academics to support and actively participate in the BDS campaign against Israel, refusing to handle anything that comes from and that goes to Israel in order to isolate it until it submits to international law and withdraws from all the occupied territories. We urge all companies and all shipping companies to refuse to carry any arms to Israel. Any shipping company who carries these weapons has the blood of the people of Gaza on its hands! We call upon all governments to enforce international law, by refusing to recognize a country that makes a mockery of international law and the pursuit of human dignity. They must expel Israeli ambassadors and representatives in order to ensure that we isolate it throughout the world until it subscribes to the ideals of human dignity! We call upon media to expose the real truth and not to hide the real issues in the name of objectivity, by projecting an image of Israel as a state under siege by terrorists, thus discrediting the legitimate resistance of the Palestinian people. Balanced reporting does not mean massaging issues and diluting the truth even in the face of insurmountable evidence against the wrong side. We acknowledge the progressive role of our government in relation to the situation in the Middle East, including its humanitarian support for the suffering people of Gaza, but we call on our government to speak out even more strongly against the oppression of Palestinians and express its disapproval of the ruthless actions of the Zionist state and its defenders. We want to see the end of all trade relations with Israel and call on our government, business and civil society to work together with the progressive forces of South Africa towards real and biting sanctions against Israel if we are serious about peace in the Middle East. The global solidarity movement must be intensified to support the cause of the suffering people of Palestine, even more so with the crisis in Gaza. A day more under occupation is a day of hell for the dispossessed people.

80 affil 80 Using local procurement as an economic driver, is key to save local jobs, says SACTWU Norman Mampane, COSATU Communications Officer In 2001, COSATU and its Affiliates participated in discussions which culminated in the launch of Proudly South Africa as a progressive response to keep jobs local and the 2003 National Congress at Midrand resolved on Consolidating Working Class Power for Quality Jobs towards This year, 2015, it marks almost fifteen years since the resolve was taken. The Proudly South Africa launched a Buy Local Summit, which was attended by many established companies, new enterprises in South Africa, Nongovernmental Organizations and Labour at the Sandton Convention Centre, Johannesburg The South African Clothing and Textile Workers Union (SACTWU) and COSATU championed for the launch of the ProudlySA products as a means to save local jobs by encouraging all to buy locallymanufactured goods. And this year, with the hosting of the Buy Local Summit, the campaign enters its 15th Anniversary since 2001, argued Andre Kriel, SACTWU General Secretary All Government Departments and others in the private sector must comply on 30% local procurement policy as declared to create and sustain quality jobs, reiterated SACTWU General Secretary. COSATU after the State of the Nation Address and the 2015 Budget Speech welcomed the commitment of government to intensify its support for the growth of our tourism, agriculture, manufacturing and housing construction sectors. These are the sectors of the economy which have shown the capacity to create badly needed employment. Further support is also needed for the textile, automanufacturing, renewable energy, oil, gas and other industrial sectors. And in-sourcing of locally made products will enhance the saving of local jobs campaign. We therefore need for further government support towards increasing our export capacity to Africa, argued Patrick Craven, COSATU National Spokesperson. The Department of Trade and Industry s continued efforts to support manufacturing growth, are welcomed, said Craven. All efforts towards local procurement must be geared towards overall goal to eradicate an unemployment rate of 34.6%, with 53% of South Africans living in poverty and being the most unequal society in the world, concluded Craven. We are prepared to work with cooperatives across the country. And we also actualize the declaration of the SONA2015 call for 30% local procurement. We look forward to various partnerships with the SME s, said the Department of Small and Medium Enterprises We will work closely with the Department of Trade and Industry to put various people for mentorship and coaching. We therefore support the ProudlySA campaign, said Representative of the Ministry of SME s SACTWU has taken the campaign further by launching the Wear South African clothe range. And indeed the Proudly South Africa Buy Local campaign is marching ahead!

81 iates 81 FAWU disgusted at the inhumane treatment of workers The Food and Allied Workers Union [FAWU] in North- West staged a march in February 2015 in Ganyesa, North- West to highlight the horrific treatment of merchandisers by managers at the local Shoprite store. The union is absolutely disgusted at the inhumane treatment workers in a democratic South Africa are receiving from their employer. The level of abuse these workers are dealing with is shocking and very real. The Admin Regional manager at the grocery retailer, Mr. Robert Koenraad, apparently told a group of workers who are all black that their mothers and fathers are dying of AIDS and Tuberculosis, Cde Tseleng Tau, FAWU North West Provincial Secretary We call on the Department of Labour to intervene in this debacle because clearly Shoprite is unable to reprimand its managers, said Cde Tseleng Tau, FAWU North West Provincial Secretary. FAWU is saying Enough is Enough! Put a stop to the abuse and intimidation of sales and merchandiser employees, argued Cde Masemola Meanwhile, FAWU celebrated the launch of the South African Congress of Trade Union [SACTU] which was formed on the 5th March SACTU laid a firmer foundation for militant Trade Unionism in South Africa. And in 1964, March 14, the Apartheid South African government was put under immense pressure that it withdrew its participation at the International Labour Organization. FAWU appealed for unity! satawu s call for unity and cohesion On the 18th of May 2000, SATAWU was launched bringing together public & private sector transport, cleaning and security under one united union. SATAWU s 15th Anniversary must be utilized to synergise unity as the organization is facing challenges. Recently, COSATU National Office Bearers met SATAWU to engage of sustainable solutions. The Capitalism is advancing and creating divisions in the trade union movement, and SATAWU is no exception to this attack, said Comrade Senzo Mahlangu, the General Secretary of SATAWU. In dealing with the challenges facing SATAWU presently, COSATU has offered to step in and assist SATAWU NOBs to navigate a revolutionary path that will promote progress and tranquillity in the organisation, and to move forwards and continue with the business of its existence, argued Cde Mahlangu. The bilateral resolved, amongst others; Ø To facilitate an internal Audit has to be conducted at National and Provincial levels, and a report must be tabled so that misconceptions are sorted out Ø All those in the organisation, who are perpetuating hate and creating factions, need to stop such activities and allow COSATU s intervention to assist in finding solutions to SATAWU s challenges Ø SATAWU members, and leaders are strongly encouraged to use internal structures to air out any grievances they might have, and Ø No members of the union, or leaders should be purged for having descending views about the organisation COSATU and SATAWU NOBs are appealing to all members, leaders and staff members to act vigilantly and always remember that the enemy is the capitalist. If we are weak and divided, we will not win any struggles. This is a call for unity and cohesion, a call to defend SATAWU, reiterated Cde Mahlangu.

82 affil 82 SAMWU celebrates anniversary The South African Municipal Workers Union will celebrate its 28th Anniversary. And in 2015, SAMWU has been facing three challenges; Tackle instability, focus of reviving organizational mandates through Congresses and negotiate with employers. SAMWU has been negotiating the South African Local Government Association (SALGA), the employer body which represents the country s 278 municipalities in the South African Local Government Bargaining Council (SALGBC). And Comrade Walter Theledi, the General Secretary said SALGA responded to the demands that were put forward by unions for bargaining. We are disappointed that SALGA is not negotiating in good faith and continues with the arrogant posture which it has been known to portray. SALGA does not want to concede to the demands by pleading poverty. The employer body insisted on a 3-Year Agreement which consists of a 4.4% salary increase for the Financial Year 2015/16 average CPI plus 0.25% for the following two years. We are shocked that SALGA would even propose such a ridiculous proposal for year 2015/16 of 4.4% which is way below inflation. National Treasury has forecasted inflation to reach 6.2% in This in essence, the employer s proposal means that the employer is proposing a negative salary increase of -1.8% and SAMWU demands a 15% salary wage increase for workers, argued Cde Theledi SAMWU s other negotiations was with the two bargaining councils which are SALGBC, Amanzi Bargaining Council (ABC) and Water Solutions South Africa (WSSA) which is a national forum. SAMWU General Secretary said Our demands to WSSA are as follows; An across the board increase of R for employees employed at WSSA A minimum wage of R9550 A single year salary and wage collective agreement Employer contribution of 70% towards medical aid Housing allowance of R1 500 Employer contribution of 18% towards pension and 8% by employees Green and Blue Drop amount of R2250 R2 500 bonus for the first 5 years of service, increasing by the same amount for every 5 years of continuous service 5 leave days for the first 5 years of service, increasing by the same amount for every 5 years of continuous service. Organizational Challenges! SAMWU has over many months being facing organizational challenges. And SAMWU General Secretary, Comrade Walter Theledi said We have noted that there are individuals who have defined themselves outside of the union and its constitution. Such individuals seek to destabilise the union. The CEC resolved that clause of the constitution should be invoked and that such individuals should not eligible to contest as Shopstewards of the union. Meanwhile, SAMWU has been holding its 10th Provincial Congress under various Themes such as Consolidating the Gains of the Struggle for the Working Class as part enhancing the founding principle of Workers Control at the workplaces. SAMWU coming National Congress will be held in KwaZulu-Natal. POPCRU pertubed by HS Foundation The Police and Prisons Civil Rights Union has been perturbed by the obsession displayed by the Helen Suzman Foundation, who have threatened to go to court in relation of suspension of the Head of the Hawks. POPCRU would like know why the Foundation has been vocal about this suspension while there have been a number others before. We would like to know what informs principle behind all this hullaballoo, argued Comrade Nkosinathi Theledi, POPCRU General Secretary. POPCRU are in solidarity with the SAPS in cleaning up the service that South African citizens trust, said Comrade Theledi. POPCRU across all Provinces have been re-launching Locals and around June, a National Congress will be held in KwaZulu-Natal.

83 iates Status of Abet Educators deplorable! 83 The South African Democratic Teachers Union [SADTU] has come out loud on deplorable employment conditions of Adult Education and Training educators. The matter was being a standing item on numerous meetings with the Department of Education in Limpopo, yet they authorities are reluctant to put a solution on the table, argued Comrade Matome Raphasha, SADTU Limpopo Provincial Secretary. It s modern-day slavery methods to resorting to a unilateral downward variation of Abet Educators salaries from around R a month for Centre Managers and around R a month for educators to R per month across all board, reiterated Cde Raphasha As SADTU, we demand that the AET educators be put on PERSAL and the benefits that should accrue to them like the medical aid subsidy, pension fund or alternatively 37% in lieu of these benefits. From the 5th of March 2015, all AET educators will embark on a work to rule strike to demand that the Department revert back to the salaries the AET educators were receiving as at the 01st September 2014, argued SADTU Leadership Work to Rule Principle! The work to rule will entail, among others, non-cooperation with departmental officials, working only for two hours and no further administration duties will be performed, non-submission of work for moderation, non-attendance of all workshops organised by the department, elaborated SADTU. SADTU has identified other challenges in the mainstream schools that can lead to a strike if they are not attended to: Slow pace in finalising the movement of educators to the new stations. Non appointment of substitute educators and temporary educators, a situation that has left learners without teachers Several principalships and other promotional posts not filled and that is burdening schools and teachers. Safety is a basic human right! Meanwhile, safety at schools is becoming a worrying trend as learners are bullied, injured, assaulted and/or killed in the premises. A case in point has been the recent story in Free State, Botshabelo area at Thuto Secondary school in which a learner was stabbed to death at school. SADTU in the province is concerned about the continuing acts of violence and brutality by learners in the Botshabelo area, said Comrade Moloi Mokoloane, SADTU Free State Provincial Secretary We reiterate our call to the department to employ security in schools with priority on hot spot areas such as Botshabelo and Virginia. We further call on the communities to support schools and expose those involved by handing them over to the police so that justice can prevail, argued Cde Mokoloane Safety at all schools is a fundamental right for all learners! DENOSA mourns a Full-time Shopsteward On the month March 2015, a Trade Unionists ceased to breathe! DENOSA Full-time Shop Steward in Gauteng, Letlotlo Maleka, was in office only for six weeks before death took him away, after he was elected late last year, said DENOSA Chairperson, Cde Simphiwe Gada But, according to his fellow colleague and Full Time Shop Steward in Gauteng, Mamagadi Kgonodi whom he shared an office with, it was six weeks full of life as there was never a dull moment whenever Cde Letlotlo was around. We started meeting years back when I was still a regional secretary for Central Wits, explains Mamagadi. At that time he was branch secretary at Dr George Mukhari Hospital. He was very good with policy, especially Occupational Health and Safety policy and we would phone him every now and then to enquire about this aspect of the policy or that. So passionate about the OHSA was Cde Letlotlo that he represented DENOSA at the provincial health and safety committee. He also part of the DENOSA Provincial Executive Committee (PEC) that organized the march to the South African Nursing Council (SANC) offices, as part of second leg of DENOSA s PPE campaign. His love for occupational health and safety matters has led to many TV exposés of the working conditions that nurses and health workers were exposed to at the institution. The Province liaised with Cde Letlotlo on many matters that needed media attention. At the DENOSA 7th National Congress, he sent through some disturbing images of a theatre with broken doors, which raised serious infection risks and thus putting to question the quality healthcare that health professionals provide. His contribution and his contribution in the organisation was recognised and he grew through the ranks of the organisation. He was elected secretary for the Tshwane region for two terms. But shortly when he was serving his second term, he got elected by Shopstewards as provincial full time shop steward. But he had to wait until January before he was released to do work for DENOSA, said Cde Simphiwe Gada May his soul rest in peace!

84 affil 84 38th Session of OATUU General Council- Resolution of the Right to Strike The 38th Session of OATUU General Council which was held on February 2015 in Asmara Eritrea adopted a resolution on the right to strike. The OATUU General Council meeting was attended by trade union leaders from 35 African countries. The meeting was also attended by OATUU Specialized Agencies, representatives of WFTU, ITUC-Africa, ICATU, EATUC, SATUCC and ACFTU. The delegates of the 38th Session of OATUU General Council noted and recognize that the right to strike is a basic human right, which was won through struggle, yet all over the world this right, is under attack. The right to strike is one of the most cherished and fundamental rights of all. The right to strike is enshrined in the ILO Convention number 87. It is an essential last resort, when an employer refuses to negotiate decent wages and working conditions, or when workers are facing the risk of injury, disease or death on the job. The right to strike is the only option workers have to balance capital s structural power in the economy. The delegates observed that the right to strike is frequently restricted in law and violated in practice in many countries in Africa and around the world. And, yet, this right is under severe attack by employers all over the world. The delegates also noted the conflict on the right to strike and the crisis of the ILO s supervisory mechanism. The delegates stated very clearly that without the right to strike, trade unions and workers have no means to fight for their rights. Therefore, the 38th Session of OATUU General Council re-affirmed the right to strike as a fundamental right at work. OATUU urges all its affiliates to join the global campaigns to defend and promote the right to strike. OATUU joins the continental and international trade unions forces to support the referral to the International Court of Justice for an advisory opinion on the matter, as foreseen in the ILO Constitution. OATUU also joins the international trade union labour movement to reject the constant efforts by the Employers Group at the ILO to weaken the long-lasting jurisprudence of the ILO supervisory system. OATUU is committed to use all the means at its disposal to defend and promote the right to strike and tripartite dialogue. Solidarity for ever for the Union makes us strong. Arezki MEZHOUD Le Secretaire-General Write to us and tell us what is happening in and around your workplace, community, schools, etc, and what stories you want us to cover. Send your comments and suggestions to: nthabiseng@cosatu.org.za You can also post your letters to: CONGRESS OF SOUTH AFRICAN trade UNIONS (COSATU) PO Box 1019, Johannesburg, 2000, South Africa

85 iates 85 Gilbert Kgokedi The son of Mphahlele A giant trade unionist of the workplace He was here with us Rooted like a desert baobab tree against cruel storms of Mines and Municipal bosses Gilbert was a humorous swimmer against charted waters He was not an imitation of a leader He was not a trade union politician He was a political trade Unionist Gilbert was a genuine worker leader A worker educator in action He was unwavering and perseverance SAMWU leader He was wise too Gilbert was organisational grounded and political matured He had no personal animosity with anyone He followed the law of organisation without hesitation There was no cold war between him and time He was a disciplined cadre of the working class The lessons that all we have to learn We shall all remember you comrade Gil Hamba kakuhle mfana ka Mphahlele Tell Oliver Tambo Tell Chris Hani Tell Elijah Barayi You were with us Aluta continues!! In memory of my friend, comrade Gilbert Mphahlele

86 86 Signed, yours truly your Co The following statement was made by South African civil society organisations on the eve of President Zuma s 2015 State of the Nation address: On the eve of President Jacob Zuma s State of the Nation Address (SONA) to Parliament, the undersigned civil society organizations* renewed our demand that the Joint Committee on HIV and AIDS be reinstated. This committee was initially established back in 2012, which was then disbanded 2 years later. Even setting the committee up in 2012 was a painfully slow process that took about four years of talks with key political office bearers, including the national Health Minister, Dr. Aaron Motsoaledi, with very little movement towards results, says Rukia Cornelius of Sonke Gender Justice, one of the organisations calling for the reconstitution of the committee. Last year civil society groups wrote two letters to both the Chairperson of the National Council of Provinces (NCOP), Thandi Modise and the Speaker of the National Assembly, Baleka Mbete and wrote again in July 2014, then lastly in September We have also written to the Chairperson of the South African National AIDS Council (SANAC), Deputy President Cyril Ramaphosa, in November Until now, our letters have not been answered. ** Their silence on this matter indicates an apparent lack of accountability, political will and leadership, says Phillipa Tucker, Co-Founder of AIDS Accountability International. Government should be using the mechanisms that have been created to ensure financial transparency and to make sure that the 6.4 million South Africans living with HIV receive the full benefit of the funds that are dedicated to our nation s HIV and AIDS response. says Phillipa We are seeking clarity on the status and future of the Joint Committee on HIV and AIDS, and call for the committee which was to act as an advisory, influential and consultative body comprising of members of parliament from different political parties in the National Assembly and the National Council of Provinces (NCOP) to be immediately reconstituted and reinstated. The committee was formed to monitor and evaluate the implementation of government s HIV & AIDS strategy, policy and programmes, to examine and evaluate existing and proposed HIV-related legislation, policies and budgetary allocations and as well as to ensure that HIV and AIDS prevention and treatment remain as priorities on the national agenda. Without the committee s existence and attention, all South Africans, including the more than six million citizens living with HIV are at risk for the negative consequences that can be expected when HIV spending is not being monitored and if HIV gets deprioritised as a national issue. Executive Director of the Network of African People Living with HIV in the Southern African region, Thanduxolo Doro, says that civil society organizations recognize the sterling progress that South Africa has made over the years in responding to the HIV epidemic, particularly in the areas of access to treatment, care and support for people living with HIV and AIDS and we don t want to see those gains being reversed. The committee was established to focus on the HIV and AIDS pandemic and how its spread could be prevented. It was borne out of necessity, as South Africa was struggling with one of the highest HIV infection rates in the world. Now with less AIDS-related morbidity due to the scale-up of antiretroviral treatment (ART), South Africa has the enormous challenge of reducing the number of new infections

87 mments NB: This is the individual s view! 87 which has grown by 1.2 million from 5.2 million to 6.4 million HIV-positive people from 2008 to 2012 according to the Human Sciences Research Council s 2012 national HIV prevalence survey.*** Dr. Fareed Abdullah, the Chief Executive Officer of SANAC, says that the SANAC Secretariat joins civil society s call to reconstitute the committee, which would also force SANAC to be accountable to Parliament, saying SANAC supports the call to reconstitute Parliament s Joint Committee on HIV and AIDS as HIV needs a multi-sectoral response and a multi-sectoral committee. It s time South Africa understands that the HIV response, especially prevention, goes well beyond the health function. The Chair of SANAC s Men s Sector and member of its Civil Society Forum, and Co-Founder of Sonke Gender Justice, Reverend Bafana Khumalo, adds that as civil society members who are engaged in SANAC processes, we call for Parliament s Joint Committee on HIV and AIDS to be re-established because it plays a pivotal role in ensuring that there is adequate accountability on the HIV response in the country. As things stand, it is unclear who in South Africa holds SANAC stakeholders accountable. This committee will ensure that there are proper systems in place to advance the course of the response as we seek to put an end to new HIV infections and AIDS-related deaths. *Civil society groups calling for the reinstatement of the Joint Committee on HIV and AIDS: Access Chapter 2 African Men for Sexual Health and Rights AIDS Accountability International AIDS and Rights Alliance of Southern Africa AIDS Healthcare Foundation South Africa Coalition of African Lesbians Desmond Tutu Foundation Doctors Without Borders International HIV/AIDS Alliance National Association of People Living with HIV and AIDS Network of East African AIDS Service Organisations Network of People Living with HIV and AIDS in Southern Africa Networking HIV/AIDS Community of South Africa Pan African Treatment Access Movement Positive Women s Network Section 27 Sex Workers Education and Advocacy Taskforce (SWEAT) Sonke Gender Justice Southern African AIDS Information Dissemination Services Southern African AIDS Trust Southern African HIV Clinicians Association South African National AIDS Council (Civil Society Forum) TB/HIV Care Association Treatment Action Campaign Wellness Foundation World AIDS Campaign International **Civil society s letters are available here: ***2012 HSRC HIV prevalence study: www. hsrc.ac.za/en/research-outputs/view/6871 Ten reasons why the Joint Committee on HIV and AIDS needs to be reconstituted: 1. It s necessary to hold SANAC accountable to Parliament. 2. It will strengthen the National Development Plan for a South Africa free of HIV. 3. It will make it easy for Parliament to hold other government departments, such as Basic Education, Higher Education, Social Development, Correctional Services and Defence and Military Veterans accountable for their budgets and programmes on HIV and AIDS. 4. It will support the monitoring of interventions made by the private sector in relation to HIV and AIDS. 5. It will strengthen Parliament s oversight on HIV and HIV spending and strategies. 6. HIV and AIDS will be addressed as a development issue that cuts across all sectors and won t be relegated as only a health problem. 7. It will help release blockages in service delivery of basic needs which in their absence make people vulnerable to HIV. 8. It will influence the effectiveness of provincial, district and local councils on AIDS. 9. It will improve Parliament s interaction with civil society in the field of HIV and AIDS as well as TB. 10. It will aid proper planning which will result in considerate and equitable distribution of resources to people in semi-urban and peripheral areas.

88 88 Signed, yours truly your Co YES! My State of the Nation Address By Donald Ratau I sit here right now, not as an elected person or a representative of any organization. But I stand in front of you as member of a society. I m not nominated or elected; I stand before you by my birth right. My thoughts and feelings seek an audience and hope an audience is that which I will find. Honourable Presidents, fellow people of South Africa and the world at large, this is my State of the Nation Address through my eyes. It is not a policy, or an action address, it is not an analysis or a report, but it is a point of order. Honourable Presidents, beloved South Africans and the world at large, I would like to address my thoughts and feelings to all the Presidents. By this I mean to all presidents in our country. If you are sitting in a position that says president, I am speaking to you. If you are sitting to a position that says deputy president, I am speaking to you. If you are sitting in a position that says General Secretary, I am speaking to you, if you are sitting in a position that says CEO, I m speaking to you. I m speaking to all members of this great society of South Africa who are elected representatives, I m speaking to people chosen to stand on behalf of others; I m speaking to individuals who command power; I m speaking to captains of industries. Heck, I m speaking to all with capable hands and pockets and influence to lend me an ear. South Africa is a land of plenty. This country of the Elijah Barayis is a mine for all that lives in it. This land of the Alina Rantsolases is a land for all mothers. South Africa of Chris Dlamini is a place to live and dine equally. This great place of ours is a place of great figures like Mandela, Tambo, Sisulu, Goven Mbeki, Chris Hani and many more. It is the land rich with past historical men and great leaders like Sekhukhune, Moshoeshoe, Shaka and more, who fought their wars to make us what we are this present day. Honourable Presidents I turn my attention to you. You are a special person among us. You stand shoulder and head high among us. You are the Number One of your country, organization, company, union, civic and community. You permeate throughout all levels of the nation. My presidents, you are chosen, elected or nominated to lead the people forward. Trust is the only thing I believe makes people follow a leader, so all of you presidents, you stand there today because we trusted you. Earlier on I made an important mention; I clearly stated that I am writing to all presidents of our country. Maybe in a layman s term we could refer to them as all the people who are entrusted to lead others. These are the individuals who have their hands on levers and controls of society, economy and politics of our country. Honourable Presidents, you are all responsible for the wellbeing of our nation. You cannot run away from that fact. Whatever sphere or part of our nation you plough your leadership mandate on, you are still part of a bigger picture. You are part of a round table collective leadership. You are responsible to lead with honour and courage. You are the guardians of the future. A few weeks ago, we watched our 2015 SONA addresed by the President of the country reporting back to the nation on what it is and ought to be the way forward. By law and all, the President was doing a job bestowed upon him by the country. His faults and successes were put under

89 mments NB: This is the individual s view! 89 the scrutiny of a great nation. I say to all Presidents in whatever part of our nation they are in, must also have their SONAs. South Africa is a place of ubuntu. We have a sense of communal responsibility. A child is not a child of that family only, but a child of the community; well that s how we were brought up. Our great nation needs a collective leadership that seeks communal prosperity. All individuals entrusted into positions of leadership should step up and own up as per the mandate given to them. We cannot have a country where many presidents exists, where Deputies exists, where captains of industries exist in abundance, but have only one to address the nation. His fall must rest upon all and his success must reach all in this country. People at all levels of the nation have a duty to contribute towards building our nation. The time is now for the presidents to roll out Programmes as well. It is time now for all leaders to show initiative tendencies by rolling up their crisp shirt sleeves and ploughing back into the nation. The time is now for people with resources to use them to change our nation without relying on government tenders. Business at large must now also give out tenders. Business must now know that they are not here to only make a profit, but to build a nation as well. Government alone is not enough. Civil society must reel us back to humanity and sanity. It is also their duty to make this nation better and peaceful once again. Religious leaders and their congregations that are forever mushrooming must step up as well and do their share. Raging waters of uncertainty are upon us, so it s their duty to direct this boat to safety. Fathers and mothers too need to step up. As captains of your homes, chin up and take responsibility as you should. The nation s children start by learning from you, therefore take charge and teach them the good yesterdays of our great grandmothers and fathers. Guide them through traditions of respect and Ubuntu. It is your collective responsibility to see this nation through without blood spills and war, it rests upon your broad shoulders to row our beloved boat to still waters again, to those calm seas of the Mandelas and the Barayis of yesteryears, to those peaceful dreams of The Ngoyis and the Ruth First of this world. Honourable Presidents, it is your duty to bring wealth and livelihood to our societies like our forefathers who simply laid their lives for a better today, it is your responsibility as the leaders of our nation. Your duty is to guard and protect the legacy, to multiply the grain and milk for posterity. It is not a choice; it is a social, economic and political duty to discharge programmes and projects to eradicate what is now known as the triple challenge of poverty, unemployment and inequality. I stand here before you by my birth right, to express explicitly what I believe needs to be done by our chosen leaders. I write this to you, Honourable Presidents seeking your assistance and leadership, for we only have you to look up to for directions and guidance. Our great nation is not yet at wits end, and with your wisdoms and expertise, our future is guaranteed. Honourable Presidents, esteemed Deputies, CEOs and Directors, fellow South Africans, the divide between generations

90 90 Signed, yours truly your Co is widening by the day, with each sunrise it brings strain to the bonds and traditions that used to hold this great nation together. It is not yet uhuru, we still have a fighting chance. The youth of this nation seek directions. The youth of this great country needs your undivided attention. These young South Africans could do with model individuals rearing their mighty heads among us. Nature has it in its good books that the young learn from their parents, our leaders owe this young nation a role model. Leaders and captains of industries owe this young nation a good deal of mentorship and learnerships. Our civic leaders owe this young nation moral compass. And our religious leaders owe this young nation spiritual guidance. It is all your concerted efforts that will make our nation the nation of peace, prosperity and bliss to all that live in it. Let us lead by example, show by preaching and doing. Let this young nation see what great leadership is made of. Never give up on the future; never give up on the present, for it is the only hope of tomorrow. Honourable leaders of the parliament, you are there for a purpose, your mandate is clear and simple, to peacefully represent the thoughts and aspirations of the people. Let us refrain from unconventional modes of discussing the nation s issues. Your task is very important; the role you play can never be down played. You are the shapers of our nation, the navigators, guardians, vanguards and custodians, the load rested upon you the moment you agreed to be the people s representative. Honourable members of Parliament, let s leave the kickboxing and verbal showdowns to the Texas Rangers of our television. We pay our TV licenses for just that, and we pay taxes for great leadership. Honourable members of the great House, let s lead this nation with the wisdom expected from you. Workers of our great unions, it is time you look into the real purpose of the collective bargaining issues. The enemy has never been amongst us, the enemy will always be present in the form of poor working conditions, lack of fair treatment, capitalistic onslaught, poverty, labour brokering, perpetual temporary contracts, meagre wages, unfair dismissals, long working hours, migrate labouring, lack of job opportunities for all, selective promotions, gender inequalities, violence, corruption, nepotism and lack of accountability. These are the real enemy, existing and dividing our unions right in the middle. My fellow workers, we are the blood that runs through the veins of this great nation. We are the strength that keeps this nation safe, we are the brains that make lives easy, we are the hands that sew the very garments we all wear, we are the hands that makes the very cars, buses, trains that transport us. We are the hands and bodies that build skyscrapers and posh offices you see in our cities and towns. We are the hands and bodies that lay tarmac for smooth riding to the benefit of everyone in our country. We are the hands and bodies that run the corridors of our government s departments. Beloved workers, you are this country, you are this nation. The enemy is not us, the enemy is what keeps us down and out, and the enemy is what steals from the workers. The enemy is that which makes our working conditions inhumane and unbearable. The enemy is what makes us go back home with little rands and cents that barely put food on the table. The enemy is what makes us turn to each other with vile and untrusting eyes. The enemy is what made us forget the real purpose of unionizing. Eyes are off the ball, and the solid ground beneath our feet is moving. What happened to us the warriors of the belly of the earth? What happened to the cobblers of our shoes? What happened to the menders of steel? Why are we turning against each other? Why are we fighting amongst ourselves? What happed to an injury to one is an injury to all? What happened to together we stand, divided we fall? Great workers of our nation, we are killing ourselves with this infighting and squabbles. We are never so weak, we are never so naive to even turn guns and loath against each other. Today is never like yesterday, where trenches and gun smoke covered our beloved country. Today can never be like past years when the blood of sacrifice flowed at every corner of our streets. Today can never be yesterday. But today can be an example of a better tomorrow. We serve our state; therefore our state should serve us. Honourable Presidents, a country is as good as its education. What is produced by its institutions of education is what will be the nation of tomorrow. We hear on radios, read in newspapers and hear chats on the streets about shortages of skilled individuals. Maths and science subjects

91 mments NB: This is the individual s view! 91 are being made compulsory, or rather are encouraged as alpha and omega. Hordes of educators are constantly undergoing improved kinds of discharging syllabuses. Self-improvement mentalities are drummed throughout the corridors, but the most important element of all of this, the student, is left in the wilderness. Esteemed Statesmen, who is relevant in our education system, is it the teacher or is it the student, or maybe both? Are we pushing the right buttons, playing right combinations to usher a brighter tomorrow for the country? Why do we have so many qualified matriculants roaming the streets of our townships? Why are we seeing so many potential young people busking in the sun, blocking the piercing sun rays with their matric certificates? The answer to the above lies in the people tasked with this human asset. It is they who have all the answers to what is now becoming a sore sight, a pain to the heart and a total waste of human capital. We hear of universities not coping with new applicants, that there isn t enough space to accommodate the new recruits, children eager and so excited to be in post matric schooling. So how does this work, can someone please shed some light? We have a schooling system that has forever been there, that prepares kids from primary, through to secondary and then bang, at the last hurtle, reality hits them. There s no space for them in our universities. Are we saying these are the lost generation or are we making them the lost generation? It is time, no other moment than the present to take serious stock of the situation and move forward with great haste in throwing solutions into this matter before is too late, before it renders education useless in the eyes of our youth. There are so many institutions trying to make provision for the excess applicants who didn t make the list into universities. The time to decentralize the education provision framework is upon us. Let the powers that be in our education bestow integrity and honour into our FETs (Further Education & Training) colleges, sell them from above, give them real official support. the same way its given to our universities. Let the people know that they can fully rely on these colleges, root out the possibility of fly-by nights. Make stringent control mechanisms to regulate this industry. Honourable Presidents, Deputies, Directors, CEOs, Civil and religious leaders, unions and federations I squarely put this task upon your able shoulders. You are the custodians and leaders of our nation. It rests upon you as the heads of our institutions. Nobody is exempted from this responsibility; all of you are in charge of the peoples future. The seat you hold comes with responsibilities, so own up and represent. The people shall govern. Simple and straight forward. This country belongs to all of us, not you, not me, not the President, not the Deputies, not the CEOs, but all of us. It s our country, you and me and everyone. The people shall share in the country s wealth. The deep pockets of this country will be the spoil of all of us, old and young, black or white, it s for all of us. Nobody is more entitled to the country s wealth than the other. All shall be equal before the law. This country and its people, we are all equal. It doesn t matter how deep your pockets are, we are all equal. The land shall be shared. South Africa and its beautiful valleys and rivers belong to us, all of us. No individual can claim to own the mountains, or to claim that the bush veld and its game belong to his or her surname. This great land is for us all. We need to share it equally, work it fairly and conserve it wisely, for if we fail, none of our children will know it as it is, a great, rainbow land under the African skies. There shall be work and security. People have a right to work the soil and produce what needs to feed and sustain human lives. This doesn t say one must broker others as slaves. Nobody has more rights to live than another. At no cost should people be subjected to treatment similar to that of human slavery. The service one provides should be rewarded with the same monitory value as prescribed by law. We are a law abiding nation. The doors of learning and culture shall be opened. South Africa is overflowing with possibilities. Talent and skill can never be a problem. But if only education and learning can equally reach all of us then the future is bright for us all. What a wonderful country we have, only if we can start over again and base our nation s future upon the prescripts of the Freedom Charter.

92 92 Signed, yours truly your Co The following statement was made by South African Civil Society Organisations (the GBV NSP Campaign Partners) on the day of President Zuma s 2015 State of the Nation address: Tonight s SONA marks two years of inaction and empty promises from government on gender-based violence the NSP campaign partners 1 call on President Zuma to commit to a national plan to end gender-based violence now. On the 2nd of February 2015, exactly two years to the day after Anele Booysen was found brutally raped and disemboweled in Bredasdorp; a five-year old girl, Kayde Williams, was found dead in the same area also after being raped and murdered. These two Bredasdorp murders, two years apart, signal a failure on the part of the South African government to follow through on its many commitments to ending rape and domestic violence, including abject failure to develop a national strategic plan (NSP) on gender-based violence (GBV). When Booysen was attacked, and graphic details of her murder hit the headlines and shocked the nation two years ago, President Zuma spoke of the need for unity in action to eradicate the scourge of GBV in South Africa. In his State of the Nation address then, Zuma urged the National Council on Gender Based Violence, which had been established the previous year 2, to make combating violence against women an everyday campaign. But in the two years since, we have not seen a commitment to ending GBV in the daily words and actions of government. Instead, rape and domestic violence have continued unabated every day. Every single day, we hear horrific stories of women being raped, of gays, lesbians and transgender people being raped, of men being raped, of inmates being raped, of babies being raped. In the two years between the rape and murder of Anene, and the rape and murder of Kayde, incidences of GBV have occurred with numbing regularity all across the country, with tens to hundreds of thousands of lives devastated by rape 3 and millions restricted by the ongoing, daily fear of it. Men, girls, boys and gender nonconforming persons are all falling prey to escalating levels of brutal sexual violence being perpetrated, says Glynis Rhodes of the Western Cape Network on Violence Against Women, The women in South Africa do not share in the 2013 Very Good Story that SA has to tell when they are not safe at home, at work and generally live in fear of rape and sexual assault. We stand outside courthouses with placards and loudspeakers calling for justice in the cases of murders related to gender-based violence and calling for urgent government action and investment in prevention, says Vuyiseka Dubula, Sonke Gender Justice s Director for Advocacy and Accountability, but the stories keep filling the headlines, every single day: Sandiswa (mother-of-two) who was killed by her partner; Queen, a nine-year old raped, set on fire and left to die; David, a gay man raped and murdered; Kayde; Anene all the names could not be read during the time President Zuma starts and finishes his address tonight. Conservative estimates indicate that GBV costs South Africa as much as R40.2 billion 4 each year. Despite the massive cost of this violence more than 1% of South Africa s GDP, our government has failed to act on its many commitments to ensure survivors have the health and criminal justice sector services they need and it has failed to put in place effective violence prevention strategies.

93 mments NB: This is the individual s view! 93 Now, as President Zuma is about to give his eighth State of the Nation Address, South African civil society1 renew our call on President Zuma to commit to developing a multisectoral, fully costed national strategic plan to address GBV. Like last year, this year again we urge President Zuma and his cabinet to ensure meaningful followthrough to address and prevent genderbased violence, says Anele Yawa, General Secretary of the Treatment Action Campaign. Our members in TAC branches all over the country, women and men alike demand that our government deliver on its constitutional obligations. Despite President Zuma s directive two years ago, the National Council on Gender- Based Violence has failed to develop and implement a national strategic plan to address GBV, and has been suspended for over six months now pending restructuring of the new Women s Ministry by incoming Minister Shabangu, a Minister, who when challenged by civil society, last year, showed evident commitment towards the retention of patriarchal dictates. Minister Shabangu has failed to commit to implementing a comprehensive, costed and multisectoral national plan. And when challenged on this, she has only mentioned an outdated, non-costed, non-consultative, non-accountable, non-binding 365 Day National Action Plan from 2006 which was never actually finalised nor implemented in the more than eight years since it was drafted and which is unlikely to see any real implementation now either. We reject 365 days of rhetoric, of empty talk about nonplans and old plans, and demand a real plan with a timeline, and with specific measures that will effect real change. Government s response to GBV to date has focused on response. Vital health and criminal justice system services are still sorely inadequate but even less attention has been paid to preventing the violence from occurring in the first place. Prevention strategies must be at the front and centre in the GBV national plan that we are calling on government to develop and implement. There are many examples of effective prevention initiatives: the Stepping Stones intervention implemented across the rural Eastern Cape significantly reduced levels of violence by men against women, as did the IMAGE project implemented and rigorously evaluated in rural Limpopo. Similarly, we know that providing psychological-social support to children exposed to violence in their homes decreases the likelihood that those children grow up to perpetrate or experience violence. Reducing access to alcohol and decreasing binge drinking also achieves this. In reality, we know what needs to be done to prevent South Africa s frighteningly high rates of violence what we re missing is government s commitment to do it. Many countries have realised that the cost of inaction is too high and are implementing national plans to combat GBV. There is no excuse for South Africa to not be doing the same. We call on President Zuma and government to show leadership, to invest in services for survivors and in violence prevention, to consult with civil society, to put money into ending gender-based violence and to urgently and comprehensively develop a multisectoral and costed national strategic plan to end gender-based violence in South Africa, and to do this now. Without such a plan, South Africans won t see service delivery, but will only be the victims of more lip service. We can t afford another two years. 1 NSP Campaign Partners: Access Chapter 2, Amnesty International, Community Law Centre, Disability Sector, Eastern Cape AIDS Crisis, Embrace Dignity, Emtonjeni CBO, ESSET, FEDUSA, Gender Dynamix, Gender Links, Grassroots Soccer, GRIP, JAW, Love 167, LRC, Masimanyane, Matrix Men, MOSAIC, MSF, NACOSA, NAMKO, New World Foundation, PACSA, Positive Women s Network, POWA, Progressive Women s Movement, Project Empower, Rape Crisis, SA Council of Churches, SACWF, SAFFI, SANAC, Sekwele Centre for Social Reflection, Sisonke Sex Workers Movement, Social Justice Coalition, Sonke Gender Justice, SWEAT, TAC, TB/HIV Care, TEARS, Thusanang, TLAC, TVEP, University of Pretoria Centre for Human Rights + Centre for Study of AIDS, WC Network on Violence Against Women, Women on Farms and World AIDS Campaign International. 2 The National Council for Gender-Based Violence was launched in August 2012 following Cabinet s approval for its establishment on 25 December While actual reports of rape and sexual assault amount to around 50,000 per year, studies show that only 1 in 9 to 1 in 25 rapes* are actually being reported. Thus, the number of actual rapes that occur in South Africa every year may be higher than a million. * The Home Study by Gender Links and the Medical Research Council found that women in Gauteng had only reported one in 25 rapes: pdf < 4 KPMG s 2014 study on the cost of gender-based violence in South Africa says that There is no national prevalence rate for GBV, but based on local level prevalence rates of between 20 percent and 30 percent of women experiencing violence within a given year, this study estimates that the economic impact of that violence is between at least R28.4 billion and R42.4 billion for the year 2012/2013, representing 0.9 percent and 1.3 percent of GDP respectively.

94 94 COSATU Reflection on the World Economic Crisis Author: Andre G Frank This readable and stimulating book brings together the author s lectures and essays on the present world economic and political crisis. Frank ably demonstrates this crisis, which was unexpected by conventional economists who declared it impossible before it happened, and refused to acknowledge it once it was underway. Frank argues that the world has entered into a profound crisis in the process of capitalist accumulation, one that will bring with it major shifts in the international and intersectoral divisions of labour, and will therefore give rise to sharpened international contradictions and deepening class polarization within nations. He then analyses the uneven effects these changes will bring on both the industrialized countries of the center and those of the so called Third World. A substantial preface includes Frank s candid reconsideration of dependency theory in the light of the current international reality.

95 library 95 archives Models in Political Economy Author: Michael B Brown Models in political economy is designed to help the general reader understand the economic reasons behind current social and political problems, such as mass unemployment, cuts in living standards and the worldwide economic crisis. The fundamental difference within the capitalist system between the Keynesian market, and Marxist models are outlined, as are the alternatives presented by the feminists and Green movements. Following this, several socialist economies Soviet, Chinese, Yugoslav and Africa are considered in detail and compared with Marx s original concept. In the last section, the author attempts to build models for understanding the future: the current developments in capitalism including the arms economy and the possible transition of capitalism to socialism. Finally, a picture of a new social order is developed in which the larger decisions about the allocations and distribution of national and international resources are linked to the everyday needs and activities of men and women. To access these books and more Donald Ratau donald@cosatu.org.za

96 96 Poem Harvest season by Thobile Maso What do you do? The fruit comes into ripeness If it s not picked on right time, it becomes rotten In order to be successful, we have to make change Change involves degree of sacrifice Harvest is ripe, but the labourers are few No change without pain As working class and poor, we ve been so long in pain We have to work for justice, freedom and equality Let us develop means to tackle this heavy mortar Faced with hard times Black face in a capitalist agenda Clinging, like a frog in dragon s mouth Liars and deceivers are trickeries of people You see them, you know them They use good to deceive and you believed the hype In dictates of time Land and farming is an engine of life What are your thoughts, are you afraid to speak? Let us imbue with knowledge Let us love knowledge Let us have inception to desire for knowledge Ignorance is being used as a tool for others Are you ready to harvest? Are you ready to change?

97 cosatu Provincial Offices 97 Gauteng Dumisani Dakile - Provincial Secretary dumisani@cosatu.org.za Matserane Wa Mapena - Educator / Organiser matserane@cosatu.org.za Nomthunzi Mothapo - Administrator nomthunzi@cosatu.org.za 110 Corner Jorissen and Simmonds Streets, Braamfontein. Tel: / Fax : P O Box 4765 Durban Field Street, Durban 19th General Accident Building office no Tel: / 4009 FAx: Limpopo Gerald Twala - Provincial Secretary gerald@cosatu.org.za Louisa Nxumalo - Provincial Organiser/Educator louisa@cosatu.org.za Klerksdorp 2570 Tel: /6602 Fax: Fax Northern Cape Anele Gxoyiya - Provincial Secretary anele@cosatu.org.za Manne Thebe - Educator/Organiser manne@cosatu.org.za Thandi Makapela - Administrator thandi@cosatu.org.za Eastern Cape Macvicar - Provincial Secretary macvicar@cosatu.org.za Mkhawuleli Maleki - Educator / Organiser mkhawuleli@cosatu.org.za Thokozani Mtini - Administrator thokozani@cosatu.org.za 19B Devereux Avenue Vincent East London Tel: /45 Fax: Free State Monyatso Mahlatsi - Provincial Secretary monyatso@cosatu.org.za Lumka Siyoko - Administrator lumka@cosatu.org.za 10 Elizabeth Street Atrium Building, 6TH Floor P O Box 985 Bloemfontein 9300 Tel: / 5230 Fax: KwaZulu-Natal Edwin Mkhize - Provincial Secretary edwin@cosatu.org.za Nokhwezi Buthelezi - Administrator nokhwezi@cosatu.org.za Khaliphile Cotoza - Provincial Organiser/ Educator khaliphile@cosatu.org.za Toeki Kgabo - Administrator toeki@cosatu.org.za 16 Schoeman Street Polokwane 0700 Tel: /2/3 Fax: / Mpumalanga Fidel Mlombo - Provincial Secretary fidel@cosatu.org.za Pule Mojela - Educator/Organiser pule@cosatu.org.za Phindile Sidane - Administrator phindile@cosatu.org.za P O Box 2425 Witbank Hofmeyer Street BF Boshielo House 1ST Floor, Office no 24 Witbank 1039 Tel: / 90 Fax: North West Solly Phetoe - Provincial Secretary solly@cosatu.org.za Kopano Konopi - Educator / Organiser kopano@cosatu.org.za Ruth Mosiane - Administrator ruth@cosatu.org.za Elijah Barayi House 75 Commissioner Street PO Box Office no. 51 Phakamile Mabija Street Kimberly 8301 Tel: FAx: Western Cape Tony Ehrenreich - Provincial Secretary tony@cosatu.org.za Mike Louw - Educator/Organiser mike@cosatu.org.za Fiona Kleinhans - Administrator fiona@cosatu.org.za 2nd Floor Community House 41 Salt River Road Salt River, Cape Town PO Box 471 Woodstock 7925 Tel: /5/6 Fax: Parliamentary Office 69 Plein Street Plein Park Building P O Box 5622 Cape Town 8000 Tel: Fax: Matthew Parks - Deputy Head of Office matthew@cosatu.org.za Patience Lebatlang - Administrator patience@cosatu.org.za

98 Our founding Principles are sacrosanct The 2015 May Day celebrations coincide with the 30 th anniversary year of COSATU. In our founding conference on the 1 st December 1985, our forbearers laid a broad and strong foundation upon which COSATU was built to become a giant federation that it has become today. 98Our members declared in the streets, in factories, in the mines, in farms, in every workplace, in jails, in community meetings, in our founding congress that COSATU shall be founded on the principles of ONE INDUSTRY, ONE UNION, ONE COUNTRY ONE FEDERATION, PAID UP MEMBERSHIP, INTERNATIONAL WORKER SOLIDARITY, WORKERS CONTROL; UNITY OF WORKERS, NON RACIALISM and DEMOCRATIC CENTRALISM. Our people declared that these principles are sacrosanct and we will defend them with everything we have! Our members declared in the streets as they engaged in running battles with the police and our class enemy, that our war cry is AN INJURY TO ONE IS AN INJURY TO ALL. They proclaimed that only through united action of all the mighty of the resources at their disposal. Unity amongst Workers and War to our class enemy! In the 30 years of our existence the enemy has never rested in its attempts to weaken and destroy COSATU. We launch COSATU in 1985 in the middle of the state of emergency, an apartheid sponsored bogus federations called UWUSA was formed by the IFP to intimidate, kill and saw divisions amongst workers, but we defeated them! Our leaders and members were jailed and assassinated and became more in our resolve for the emancipation of workers and we became even stronger and bigger. The year 2015 marks 28 years since COSATU head th apartheid regime but still we rose and became even more militant. Adrian Vlok and Van De Merve later against COSATU we thought an effective bombing of COSATU House would cause so much disruption that it would give us a breathing space. After 1994 the enemy never rested but continued using various tricks directed at dividing workers and COSATU focusing at the workplace. They started to target our workers mouthpiece to undermine our unions and forming new unions as part of the strategy to destroy COSATU. But they continue to fail. Even with the latest attempts to destroy COSATU we will continue growing from strength to strength. We are a federation of workers today, tomorrow and in the future. Our strength is in the unity of workers It is for this reason that our main focus currently is on rebuilding unity amongst the workers based on the founding principles of the federation. Our energies will be spent on defending the unemployed, vulnerable workers from retrenchment, casualisation, labour broker and exploitation by employers. The year 2015 mark the 60 th Anniversary of the Freedom Charter and as COSATU we continue to advance the struggle through the ANC led Alliance for a non-racial, democratic, non sexist, united and prosperous South Africa as articulated in the Freedom Charter. We remain inspired by the vision that the People Shall Share in the Country`s Wealth: that the national wealth of our country, the heritage of South Africans, shall be restored to the people; that the mineral wealth beneath the soil, the Banks and monopoly industry shall be transferred to the ownership of the people as a whole and that all other industry and trade shall be controlled to assist the wellbeing of the people. We are advancing the struggle for Socialism under the leadership of the SACP and we see the attainment of the vision in the Freedom Charter as a direct route to a Socialist South Africa in which the aspirations of the working people will be truly realised. Accordingly we call our members, workers in general and the civil society to intensify our campaigns against poverty, unemployment and inequalities. Our main target is our class enemy, the white monopoly capital. We call for unity amongst workers and war against our class enemy! SACP Celebrating 30th Anniversar towards Radical Econ

99 Defend our hard won rights, intensify workplace struggles and in society We have won many workers right under the ANC government and this include a progressive legislative framework including the right to strike which is enshrined in the country s constitution. We have Sectoral determinations which have made it unlawful for employers to pay less than a guaranteed basic wage, though a lot still needs to be done to enforce these determinations. We will work with the CCMA to provide nation-wide laws amendments. This includes the Employment Equity Act (EEA), the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA). We will continue to work with government and other state institutions to advance progressive policies but we will never be apologetic nor hesitate to go to the streets and protests against policies which threaten workers right. It is for this reason that we will continue our campaign against Labour Brokers. Three months of exposing workers to labour brokers is too much. We want labour brokers to be totally banned. We are also aware that the enemy is on the offensive and is making every attempt to reverse all the hard won rights for workers. We will defeat them. Any sign on an attempt to take away our rights will be met with rolling mass action which will bring the economy to a halt. Wage. We are calling on all workers, organised and wage as an instrument for reducing inequality and triggering economic growth. We urge our members, the unorganised workers, the low paid and the working class the National Minimum Wage. The logic of the National structure including income inequalities, promotion of decent work and unleashing the productive potential. We call on all workers to unite in our demand for compulsory centralised bargaining in all sectors. We call on all our members to wage a war against racism in the workplace and in society. Enough is enough! We call on our members and all workers to prepare for battle for the introduction of comprehensive social security now. This should include Basic Income grant and preservation funds for vulnerable sectors like street traders, actors, football players, workers in the creative sector etc. 99 We want the National Health Insurance to be rolled out now! We demand an affordable, accessible, safe and reliable public transport and the scrapping of e tolls of our roads. We call on all our unions to pay special attention and focus their energies and resources on workplace issues; strengthening the organisation; recruitment and providing quality service to our members. drive the changes at the work place; in the economy and in the society as a whole. Building a strong African trade Union Movement We want to build a progressive, anti-neo-liberal movement on the African continent to promote solidarity and unity in action for all social forces that are committed to the best interests of the continent and its people. strong working class movement; that promotes mass education; popular consciousness; class unity and broaden awareness of conditions facing people in other African countries. Let s promote African values and links at grassroots level between workers, members of community. Intensify Internal Solidarity We will continue to intensify our solidarity campaign for the people of Palestinian, Western Sahara, the CUBAN People and the people of Swaziland. We will strive to ensure that COSATU remains a home for all workers based on the principle of One Union One Industry, One Country One Federation Workers of the World, Unite. You have nothing to lose but your Chains! AMANDLA! y and repositioning COSATU omic Transformation

100 Subscribe to 100 The Shopsteward THE SHOPSTEWARD is a unique magazine. Most newspapers and magazine owned by millionaires and reflect the outlook of the rich and powerful. The Shopsteward is produced by COSATU and gives the workers a point of view on the big issues in the workplace, the community, politics and the world. Why not make sure you get issues by subscribing? THE OFFICIAL MAGAZINE OF THE CONGRESS OF SOUTH AFRICAN TRADE UNIONS The Shopsteward Shopsteward Online COSATUʼs website now offers visitors the opportunity to purchase The Shopsteward online. With a few simple clicks, a copy of the latest issue or any back issue can be bought or a subscription entered. The site uses the services of a DEC/JAN 2012 page 1 secure external e-commerce service provider. So dig out that credit card and point your browser to: Subscription rates The cost of six issues is South Africa Workers and students R45 Airmail Foreign subscription Salaried employees R55 Southern Africa R290 CBOʼs and NGOʼs R80 Other countries R310 Institutions R80 Surface mail Companies R90 All countries R180 Subscriber contact details Surname... Name... Designation... Company... Address... Country... Tel... Fax... Cell Payment options Cheque Enclosed, payable to COSATU Direct transfer: Banking details: Name of Account: COSATU CEC Bank: Nedbank Branch code: Account number: Branch Name: 100 Main street Account type: Current Please put in reference: SSJ & Your name Name of credit card Visa Mastercard Card Number CVC (Last 3 digits on the reverse side) Expiry date.../... Signature... Date... Please post, fax or proof of payment to COSATU House, 110 Jorissen Street, Braamfontein P.O. Box 1019, Johannesburg, 2000 or Fax to +27 (0) /6940 OR nthabiseng@cosatu.org.za For Subscriptions and Distribution please contact nthabiseng@cosatu.org.za or Tel: +27 (0)