The Citizen (Gauteng)

Government reads unions the riot act

LABOUR LAW CHANGES: WILL MAKE IT IMPOSSIBLE TO STRIKE – NUMSA

- Eric Naki – ericn@citizen.co.za

Amendments perpetuate unequal apartheid wage structure – Saftu

As President Cyril Ramaphosa’s economic and labour market stabilisat­ion campaign gains momentum with attempts to lure foreign investors and end destructiv­e strikes, he is facing the wrath of the SA Federation of Trade Unions (Saftu), which is embarking on a national general strike on Wednesday.

The strike has the support of civil society.

The new labour federation with 800 000 members from 30 union affiliates said it was protesting the labour amendments introduced by the department, which posed a serious threat to the workers’ right to strike and their survival because unions that did not comply would be de-registered.

Saftu also rejected the national minimum wage of R20 an hour.

“It perpetuate­s and legitimise­s the unequal apartheid wage structure. It will keep millions of workers mired in poverty and it will make South Africa an even more unequal society,” Zwelinzima Vavi, Saftu general secretary, said.

Cosatu is not participat­ing in the national strike, which is the first national labour action under the Ramaphosa administra­tion.

Spokespers­on Sizwe Pamla said their priorities were the VAT, fuel levy and electricit­y increases, deaths in mines and retrenchme­nts. He added that the prestrike secret ballot and picketing rules already existed, but were not enforced. “For years unions had to ballot members before going on strike or call off a strike to get a mandate. If you fail to ballot workers, you are imposing and interferin­g with the workers’ right to strike or not to strike.”

In terms of the rules, a trade union must conduct a secret strike ballot among its members before taking action and unions would be forced to include a secret ballot clause in their constituti­ons or face being de-registered. Any non-compliant union would not be allowed to represent its members at the Commission for Conciliati­on, Mediation and Arbitratio­n or the Labour Court.

In cases of long and violent strikes or lockouts with the potential to cause a local or national crisis, the Department of Labour would be empowered to establish a compulsory advisory arbitratio­n panel to resolve the dispute.

But both Saftu and its main affiliate, the militant National Union of Metalworke­rs (Numsa), vowed to fight the amendments, saying they not only undermined workers’ fundamenta­l constituti­onal rights, but also they were not consulted on the changes.

They added that only union federation­s represente­d at the National Economic Developmen­t and Labour Council (Nedlac) were informed and they had just accepted the changes, which would likely reverse the gains achieved by the labour movement prior to and after 1994.

Numsa deputy general secretary Karl Cloete said the union opposed the secret ballot as it was complicate­d, costly and cumbersome. “If implemente­d, it will make it impossible for workers to go on strike. Numsa is part of a coalition of 21 pro-working class movements which have rejected the proposed changes to the labour law.’’

Last week, the Department of Labour’s chief director for collective bargaining Thembinkos­i Mkalipi warned of consequenc­es for unions that failed to comply with the new requiremen­ts. The department published an advertisem­ent in newspapers outlining the amendments and Mkalipi said they would be enforced.

“In terms of the amendments, the department will advise the unions that do not have a strike ballot clause in their constituti­ons that they should amend their constituti­ons to include one,” he said.

It will keep millions of workers mired in poverty

Should unions choose not to do so there could be dire consequenc­es, Mkalipi added.

“We will ensure that, in line with the amendments, a ballot takes place, especially when the labour dispute is prolonged. Or we will deregister you.”

The new rules also required the CCMA director to intervene when a strike became violent, caused damage to property or loss of life or was prolonged.

“He can trigger the process of establishi­ng an arbitratio­n panel which would issue an advisory award within seven days.

“The award will be subject to consultati­on among the parties and can be accepted or rejected.”

The amendments also introduce new picketing rules, including the distance strikers must be from the workplace.

A certificat­e for the action must be obtained and picketing rules must be strictly observed, Mkalipi said.

Vavi said Saftu had noted that the parliament­ary portfolio committee on labour referred the minimum wage back to the department for redrafting to include new input.

 ?? Picture: Nigel Sibanda ?? PUBLIC TRANSPORT STALLS. Bus drivers picket outside the Rea Vaya bus depot in Soweto last week as a national bus strike rolls out.
Picture: Nigel Sibanda PUBLIC TRANSPORT STALLS. Bus drivers picket outside the Rea Vaya bus depot in Soweto last week as a national bus strike rolls out.

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