Minister Mildred Oliphant: North West Provincial Congress of COSATU

Speaking notes on the occasion of the Provincial Congress of COSATU in North West delivered by the Minister of Labour, Mildred Oliphant

Amandla!!!
Viva Cosatu Viva!
Viva ANC Viva!
Viva SACP Viva!
Viva SANCO Viva!
Amandla!!!

Chairperson
Minister of Transport
Chairperson of the ANC in the Province
Provincial Secretary; Comrade Solly
Acting General Secretary of Cosatu; Comrade Bheki
Leadership of our Revolutionary Alliance
Distinguished Guests
Comrades and Friends

On this day 60 years ago, 3000 delegates converged in Kliptown under the auspices of the Congress of the People, not to be confused with any other Congress of the People, but the one and only, that met in Kliptown in 1955 to hammer out the vision for a democratic South Africa, The Freedom Charter. This must be a pleasant coincidence that you are holding your congress on the same dates as was the Congress of the People in 1955. “May the spirit of that congress rub off you as well.”

The three thousand delegates who gathered at Kliptown on 25 and 26 June 1955 were workers, peasants, intellectuals, women, youth and students of all races.

It is said and we all agree, that the most remarkable feature of the birth of the Freedom Charter was that it attempted to do what had never been done before in the history of South Africa, it allowed ordinary people, irrespective of race, language, sex, religion, class, educational standard, personal beliefs and values and organisational affiliation, to speak about their hopes and dreams of the future.

The Freedom Charter provided a clear set of policies, aims & objectives and principles of the Congress Alliance. It served as a vision of a post-apartheid South Africa, which was to be used as a mobilising and organising weapon in the struggle for democracy. It is argued that the Freedom Charter gave greater content and meaning to abstract goals such as “freedom”, “national liberation” and “self-determination of the African masses”.

It gave concrete detail and substance to the Congress slogan, “Freedom in our lifetime”, by articulating what that freedom would mean in practical terms in various spheres of life in South Africa.  It is therefore not by accident Comrades and friends, that the Freedom Charter has to this day, remained the cornerstone of the ruling Party’s policies and it is, in all accounts, the foundation of the South African Constitution.  It is also true that our labour laws are a solid expression of the six guiding principles under the theme ‘There shall be Work and Security’.  Namely;

  1. All who work shall be free to form trade unions, to elect their officers and to make wage agreements with their employers;
  2. The state shall recognise the right and duty of all to work, and to draw full unemployment benefits;
  3. Men and women of all races shall receive equal pay for equal work;
  4. There shall be a forty-hour working week, a national minimum wage, paid annual leave, and sick leave for all workers and maternity leave on full pay for all working mothers;
  5. Miners, domestic workers, farm workers and civil servants shall have the same rights as all others who work;
  6. Child labour, compound labour, the tot system and contract labour shall be abolished.”

You will notice that all our labour laws without fail use these fundamental principles as the foundation.

What relevance does all of this hold for “Deepening National Democratic Revolution United & Advance the Working Class Struggle for Socialism?” which is the theme of this congress?

  • If at the core of the National Democratic Revolution objectives is to;
  • Set up a government based on the will of the people and on people-centred and people-driven principles;
  • Pursue economic growth, development and redistribution so as to achieve a better life for all;
  • Strengthen and accelerate the implementation of a practical programme of social change and a movement rooted among the people;
  • Build democracy, a culture of human rights and a value system based on human solidarity; and
  • Work with African and global progressive forces to advance human development in our country, our continent and across the globe,

Then the ANC government strikes all the right notes. What is needed is unity of our motive forces in general and that of the working class in particular as it is indeed the pre-requisite for deepening the National Democratic Revolution.

It will be appropriate Comrade Chair, to recall the ANC strategy and tactics document that was adopted by the Morogoro Conference in Tanzania on 25 April - 1 May 1969, where it posed a question that is relevant to the theme of this congress, and that is, Is there a special role for the working class in our national democratic revolution?”

The answer to this question went something like this, and I paraphrase; “It is historically understandable that the double-oppressed and doubly exploited working class constitutes a distinct and reinforcing layer of our liberation, and Socialism does not stand in conflict with the national interest. The Workers’ militancy and political consciousness as a revolutionary class will play no small part in our victory and in the construction of a real people's South Africa”, the conference resolved.

Well, if it is true that the ability of the working class to make the necessary impact is dependent on the high levels of organisation and unity among the working class formations, then the Unity of workers, as an important component of the broader working class, is an absolute pre-requisite for the attainment of our National Democratic Revolution (NDR) objectives. It follows therefore that any form of divisions among the workers presents a worrying set-back for the NDR.

Without sounding philosophical, but it may be true that the spirit and souls of Elijah Barayi and John Gomomo are not resting in peace when they observe the recent challenges facing the Federation they helped establish and led with impeccable conviction. Many worker leaders who paid the ultimate price fighting for worker unity may not be very pleased either. 

In Marxist- Leninism philosophy, the body of political theory for the democratic organisation of a revolutionary vanguard party, and the achievement of a dictatorship of the proletariat as a political prelude to the establishment of socialism, is key.

In the 19th century, the 1848 Communist Manifesto by Karl Marx and Engels, called for the international political unification of the European working classes in order to achieve a Communist revolution; and proposed that, because the socio-economic organisation of communism was of a higher form than that of capitalism, a workers’ revolution would first occur in the economically advanced industrialised countries.

Deepening the National Democratic Revolution and the attainment of socialism as your theme suggests, will therefore remain a pipe dream without unity, first and foremost of the workers and secondly of the broader working class. 

For this reason the recent set-backs that threaten the unity of the workers in the Federation require urgent attention and a Master Plan.

Talking of a Master Plan, let me lift an incident where the first President of a Democratic South Africa Comrade Nelson Mandela, once wrote to Comrade Adelaide Tambo back in 1977, and it went something like this, “Significant progress is always possible if we, ourselves, plan every detail and allow intervention of fate only on our own terms. Preparing a master plan, and applying it, are two different things.”

I hope that you do have a Master Plan on organising and uniting workers in order to advance the struggle for socialism. If not, this congress must make it its business to emerge with one. When we do so, you need to heed the advice in the note from Comrade Nelson Mandela to Comrade Adelaide.

Albert Luthuli once remarked that SACTU was the “Spear” and the ANC the “Shield’ for the workers.  Let me say though that the strength of any worker organisation rests on five main pillars; Membership numbers, high levels of political consciousness (Umrabulo), high levels of sophistication in dealing with bread and butter issues, unity and solidarity. Without these ingredients, the prospects of driving a victorious workers’ revolution gets delayed.

Deepening the National Democratic Revolution, United to Advance the Working Class Struggle for Socialism is not utopian as some may think, but achievable if the five main ingredients are part of the mix.

Any trade union that has membership numbers, high levels of political consciousness, and relatively high levels of sophistication in dealing with bread and butter issues, united and understands solidarity, there will be very little it cannot do.  Please note that to succeed; a trade union must have the entire package not just one or two of these ingredients. This congress must address the question, “Do we have these ingredients in our unions?”

This province continues to be on the spot light particularly in the mining sector. The industrial relations challenges of the recent past have placed the labour relations institutions under severe pressure resulting in many pre-mature autopsies about the state of industrial relations in the country. I have always maintained that the Labour Relations institutional framework of this country is in reasonably good state of health. What has happened is nothing but the shift in the balance of forces.  We must always remember that our labour relations environment has always been and will always be a contested terrain therefore the balance of forces always shapes the tone of labour relations.

In countries where trade unions are strong, labour relations tilt in favour of workers and where trade unions are weak, the opposite is the case. For some of us who grew up in the tradition of a strong and vibrant COSATU, it never crossed our minds that one day there could be any union that could compete with a Cosatu affiliate.

It was for that reason Comrade Chair, that our labour legislative dispensation is founded on the back of strong trade unions.  It assumes that trade unions will always be strong both in numbers and levels of sophistication. 50% plus one was never thought off as being difficult to attain. But for some reasons, understandable at times, unions are finding it difficult to achieve 50% plus one as the bare minimum requirement to attain certain rights these days.

This concerns me deeply as it carries the real risk of collapsing our labour relations institutional arrangements if unions become small and fragmented. To sustain our systems, we need trade unions that are strong with all the ingredients that I spoke about earlier.

For example what credible explanation can you give to this?

It is said that the Union density in the recent years has declined from 36% in 1997 to about 24% in 2013. This means some 76% of workers are unorganised; The emergence of many rival and splinter unions which are often set up by union officials who once were leaders of the same union they seek to destabilise;

That unions are focusing on the 24% of workers that are already organised and paying little or no attention to the 76% pool of the unorganised.

How do you explain the fact that today there are 23 registered Labour Federations, 179 registered trade unions in South Africa, yet only about 18% of workers are covered in collective bargaining of one kind or the other?  This means that only 2.7 million workers out of 15.1 million workers as at end 2014 benefit from collective bargaining or had strong trade unions to represent them.  

Trade union leaders must be very worried about the fact that out 15.1 million people who had jobs in 2014, an average of 4.6 million of these were dependent on the Ministerial Determinations as they had no trade union to represent them. 

Whilst I may understand that sectors that are covered by Sectoral determinations are often the most difficult to organise, at least 21 years into democracy should have given enough time for unions to craft 21st century strategies to organise these workers.  So there is a potential 4.6 million-strong union, bigger than the memberships of all the 23 registered Labour Federations combined, just in the sectors that are covered by the Ministerial Sectoral Determinations.

What has happened to the Cosatu founding principles of One Union one Industry, One country one Federation?

Recently an employer organisation took the Minister of Labour to Court challenging the extension of a collective agreement to non-parties and succeeded. It was very strange that during the court case not a single protest march was mounted by the trade union movement to defend centralised bargaining. Trade unions did not even consider joining the Minister to defend this Court challenge. If Cosatu does not stand up to defend its revolutionary gains, then who would?

Comrade Chair, I am aware of the challenges in the mining sector where there is intense contestation for membership. I am also aware that some employers are refusing to grant basic trade union rights despite some of these unions achieving the required membership thresholds. Let me remind you comrades that these matters are well catered for in the recently amended labour law and all we need is to do, is to leverage these new instruments. The trouble of course is that the unions these days aim for the minimum levels of membership vis-à-vis organising the entire bargaining unit. 

In the good old days we used a motto of “Every worker a union member” and unions aimed for 50% plus 1 as their target not just a mere majority below that benchmark. Leading by 1 nil is not safe as the other side can always equalise, let’s raise the bar to stay ahead of the curve all the time.

I have not seen enough or heard much about issues such as training and retraining of workers and their families, better social benefits, compliance with Employment Equity and other labour laws as being part of the engagements between the unions and the employers; it’s all about monetary issues it seems.

I am also worried about the inevitable class contradictions that may arise given that unions are actively involved in investments. There are many cases where some unions’ investment companies invest in the very companies where the same union organises. What happens if the same company where the unions has investments and serve on the board, takes a decision to retrench workers? Does the union investment company abstain from the deliberation on the matter, or support such decisions? This congress must confront this question.

Comrade Chair, I still have to see a protest march by workers demanding compliance with labour laws in general and employment equity in particular. All I have seen are marches to government offices demanding all kinds of other things. It is my view that collective bargaining can be used as an excellent platform to deal with socio economic challenges confronting this nation. These issues deserve serious attention from all of us.

As leaders of this revolutionary Federation, what are we saying about?

  • The low levels of trade union density in the private sector.
  • The emergence of rival unions which are often set up by union officials who once were leaders of the same union they seek to destabilise.
  • The trend that the Unions are focusing on the 24% of workers that are already organised and paying little or no attention to the 76% pool of the unorganised.
  • Unions that are quick to call workers out on strikes even in cases where a strike has no real potential of producing different results. 
  • Strikes which tend to be protracted yet workers are often no better off than they would have been if the strike was somewhat shorter.
  • The painful disconnect between a long strike and the value of the final settlement. [Why go out on strike for several weeks or months if the final settlement is a mere half a percent?]
  • Strikes that last longer than is necessary yet you hear union leaders bragging about how long they were able to sustain a strike with zero recognition of the post-traumatic stress that often visit members thereafter.
  • The new phenomenon of workers engaging the employer directly without the involvement of their trade union. [A recipe for anarchy, I must say]

My observation is that it does not seem like the cost and benefit analysis informs the union leadership when deciding to call workers out on strike and at which point does it need to be called off. It looks like strikes are no longer considered as the last resort after everything else has failed. Well others are saying strikes have become a fashion statement and are often used as something to prove a point among and between rival unions, rather than a tool to get what members want. 

I am of the view that once the strike begins to severely hurt the very workers that it seeks to help, that will be the time when the leadership needs to rethink.

Comrades, I want you to know that we are concerned about these developments as much as you do. Let me also remind you that the Department of Labour is indeed the Ombudsman of the workers, but without strong trade union organisation, this mission will be too complex and difficult to accomplish.

Trade unions are always considered the apple of an eye for workers, meaning the first thing a worker thinks of when in trouble of one sort or the other, is finding the union offices or calling the organiser.  Now that the majority of workers are not in unions, it explains why workers have resorted to bringing their issues directly to the Department of Labour. This is not sustainable Comrades and I call on you to organise these workers.

Comrades; the call to investigate the modalities of a National Minimum Wage is receiving attention at the highest level possible.  As you know the Deputy President of the Republic is leading this process with the social partners and talks are at a fairly advanced stage. Cosatu has deployed capable representatives as part of this initiative and I guess you are receiving regular feedback on the goings-on in the process.

Let me clarify one point though, which appears to be the source of confusion in some circles. The ANC Government has taken a clear stance on the National Minimum Wage as reflected in the 2014 Election Manifesto.  So it is no longer a question of whether or not there should be a National Minimum Wage, the discussions right now are about the architecture, process structure and governance of such an intervention.  I have seen many placards in marches where some worker leaders are still demanding government to implement a national minimum wage. 

That demand has long been met; the only thing that is being done now, is investigating the modalities of such an intervention.

We must brag about the fact that our labour law dispensation is an envy of many countries around the world. The right to organise and organisational rights that accrue as a result thereof, are among the best that trade unionists can ever want. Our Labour laws are shaped by your inputs and your daily experiences and for that reason you need to take full advantage of your gains to date.

Comrades, allow me to flag just five principal legislations to illustrate the point;

  1. Labour Relations Act; The purpose of which is to advance economic development, social justice, labour peace and the democratisation of the workplace.
  2. Basic Conditions of Employment Act: which seeks to advance economic development and social justice?
  3. Employment Equity Act: which seeks to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination?
  4. Public Employment Services Act: seeks to provide for the establishment of schemes to promote the employment of young work seekers and other vulnerable persons coupled with providing schemes to assist employees in distressed companies to retain employment.
  5. The Unemployment Insurance Act and The Unemployment Insurance Amendment Bill of 2014 which are an important social security net for workers in times of difficulties. The 2014 Bill is currently before Parliament and it seeks among other things to improve benefits for workers and to include government employees. For instance the Maternity benefits for Domestic workers will double when the Bill becomes Law,

Comrades these are the policy instruments that are indeed a catalyst to create an environment to promote sound industrial relations. These are extremely important in that they seek to correct the imbalances of our past.  When the Freedom Charter points out that South Africa belongs to all who live in it, it means that this “belonging” must find expression economically and socially across all sections of our society. 

The Department of Labour needs you in its efforts to ensure optimum compliance with our labour laws. Let’s make it our business to go out there and organise the unorganised and stop cannibalising and recycling the 24 % that is already organised, leaving 76% that must still be organised.

For our Labour law to work, it needs not just Trade Unions, but strong Trade Unions with all the five key ingredients. 

Comrades, does the ANC government have a good story to tell when it comes to the labour laws of this country? Yes indeed and not just one story, but many good stories.  Please allow me to lift one or two points to illustrate this point from the labour legislative perspective focusing on the most vulnerable workers;

The International Labour Organisation (ILO) is on record as having encouraged some of its member states to make South Africa one of their destinations if they want to learn about Labour Relations best practices.

So it is not me or the South African Government who says the country has a good story to tell on the Labour Relations front, but many reputable International institutions think that indeed we have a good story to tell.

Recently we were asked to lead the Africa Group in the ILO on the matter that seeks to challenge whether or not the right to strike was implied and/or implicitly inferred in Convention 189.  The debate between the employer and work groups in the ILO reached a stalemate giving rise to proposals to refer the matter to the International Court for interpretation.

South Africa was against this proposal purely because it would have undermined the ILO as the epicentre of social dialogue and secondly the right to strike is enshrined in our constitution. South Africa successfully canvassed its position within the Africa group and Africa was able to speak with one voice on the matter. I want to congratulate both the employer and workers on this major achievement at international level.

Before 1994, the influx control legislations prevented workers from seeking employment wherever they chose unless they had work seekers permits.

Some of you will know how difficult it was to obtain these permits, let alone the embarrassing and demeaning treatment that workers had to endure. Today our citizens can seek employment where ever they choose.

Before the ANC Government took over in 1994, farm workers, domestic workers, cleaning, security workers and workers in the hospitality sectors had no-one to turn to regarding their working conditions in their respective sectors. Today that is history, through the collective efforts of this Government, workers in these sectors are at the very least, guaranteed minimum wages which are set by the Minister through Sectoral Determinations, a far cry from what was the case in the past.

Today about 4.6 million workers are dependent solely on the Ministerial Sectoral Determinations for their minimum working conditions as they have no union to represent them.

Before 1994, it was not possible for domestic and Farm workers to claim unemployment benefits because they were not defined as workers;

Today domestic workers are included and they benefit fully from the Unemployment Insurance Fund. In addition, Today Domestic Workers have;

  1. At least three (3) weeks annual leave on full pay in respect of each 12 months of employment. 
  2. An amount of paid sick leave equal to the number of days the domestic worker would normally work during a six weeks period.
  3. Family responsibility leave of five days leave annually, for specified circumstances.

Before 1994, many workers could not afford to challenge unfair labour practices because that was costly; Today, through the CCMA; workers are not charged a cent for challenging unfair labour practices. 

These are but just few reasons why the Department in general and this Government in particular, have many good stories to tell. We are of the view Comrades, that the ANC Government has placed all the necessary policy instruments in place and the only challenge which is being addressed, is how to ramp-up compliance and enforcement.

As I said earlier, without strong trade unions these revolutionary gains will come to nothing.  The precondition to Deepening the National Democratic Revolution to Advance the Working Class Struggle for Socialism?” as you theme aptly suggests, is going back to basics and ensuring that every worker a union member.

Let workers swell the ranks of our unions and tilt the balance of forces back in favour of the working class.

As I conclude, it is important that as we celebrate the 60th Anniversary of the Freedom Charter, we must be proud to say that the ANC Government has met all the Congress of the People’s demands and the key aspects of the 2009/14 Election Manifestos from a labour relations policy perspective.

The ANC Government has put in place policies that create a conducive environment for the trade unions to do their work. In a constitutional democracy, government and/or the Minister cannot tell employers which union to recognise, which union to negotiate with as these are well regulated in law. The Minister of labour cannot organise workers into unions as that is the reason for unions’ existence in the first place.

I have always invited organised labour to join the department when we conduct inspections, however the attendance of unions have so far been very erratic.  Please note that the invitation to join us stands.

As Karl Marx and Engels said in 1848 that in order to achieve a Communist revolution, a workers’ revolution would first occur … and that the achievement of a dictatorship of the proletariat, as political prelude to the establishment of socialism, depends on the critical mass and unity of the working class forces.

I wish you all the best in your deliberations; The vision of the Freedom Charter lives on.

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