COSATU BATS FOR THE JUDICIARY

The judiciary and the constitution have found an unlikely defender: Cosatu. From describing the judiciary as a “threat to democracy” back in 2015 to now taking a decision to “make a stand in defence of the constitution and affirm its supremacy in the governing of this country”, Cosatu has certainly come a long way.

Six years ago, the trade union federation launched full tilt into an attack on the judiciary — the kind of thing Jacob Zuma and Helen Zille now specialise in — accusing it of judicial overreach, failing to honour the separation of powers and undermining majority rule by protecting the apartheid privileges of minorities.

This week, Cosatu’s central committee met and again opted to support the ANC in the upcoming elections — not that there was serious dissent this time around, except perhaps from the largest affiliate, the National Education, Health & Allied Workers Union (Nehawu), which is angry about belt tightening in the civil service.

But Nehawu’s opposition was defeated and the federation, with its 1.8-million members, will once more throw its support behind the ANC.

Cosatu was the first member of the tripartite alliance to ditch Zuma, following the party’s poor showing in the 2016 local government polls. Nehawu and the SA Democratic Teachers Union were the first in the congress movement to voice support for President Cyril Ramaphosa ahead of the 2017 Nasrec conference.

Cosatu’s unambiguous defence of the constitution and the judiciary this week was in keeping with the political U-turn it made on Zuma. For his part, the former president penned yet another missive about the “constitutional dictatorship” running SA. It was another four-page yawn fest by the country’s No 1 convict who, gallingly, is now out on medical parole.

But just five years ago, Cosatu would have been yelling “hear, hear”.

Instead, the Cosatu secretariat said in its report at the meeting: “The temptation by some to undermine and trample the constitution is a slippery slope that should not be tolerated. While we admit that it is an artificial and an imperfect document, it remains the supreme guiding document that has allowed some to serve in positions of authority.”

The report condemned those who had benefited from the powers that the constitution conferred on them but were now mobilising against it — a tacit reference to Zuma.

The document said Cosatu should oppose any “vandalism” and “political opportunism” linked to changing the constitution. “This has plunged many revolutions into chaos and given birth to dictatorships. The undermining of the constitution will create an environment where we play a game with no rules.

The working class will be the biggest losers if this is allowed. We need to make a stand in defence of the constitution to affirm its supremacy in the governing of this country.”

As Cosatu makes a political statement through its new-found respect for the judiciary, the fate of collective bargaining is in the hands of the Constitutional Court, which is now seized with the dispute between labour and the government over the latter’s failure to honour the last leg of the 2018 wage deal.

The judgment in that matter has not yet been handed down. But should it favour the government’s case, the impact on the labour movement — whose political love affair with Zuma dealt its unity a severe blow — would be crippling.

At the moment, Cosatu is grappling to adapt to the changing face of the workplace in the midst of the pandemic. An adverse judgment would further dent its dwindling relevance.

Cosatu’s unambiguous defence of the constitution shows how the federation has come full circle politically