POLITICS

COSATU congress was a travesty - Nine Unions

The movement that Federation used to be must be rebuilt, but only much bigger and more militant, which will unite the workers of SA

The Nine Plus Unions on the Crisis in the Trade Union Movement and the Way Forward for Workers

10 December 2015

The South African labour movement is at a crossroads. The trade unions listed below are now resolved to move ahead with efforts to build unity of workers based on the principle of the independence but not apolitical trade union movement which should be underpinned by the practise of democratic workers’ control, leadership accountability and mass campaigning. Accordingly we shall leave no stone unturned to convince all unions and workers who share these principles to work with us as we engage workers towards the provincial and national workers summits next year.

The agenda to build unity inside COSATU or to get COSATU to drive unity with other unions and federations and independent unions has been defeated. What used to be proudly called the Workers’ Parliament was a rigged shambles, where leaders and largely handpicked delegates silenced any independent voices and elected a leadership which will ensure that COSATU remains a labour desk for government and the ruling party, and which pays no more than lip service to the interests of the workers who elected them.

We salute the bravery of FAWU and SACCAWU who once again fought very hard to knock sense to the dominant leadership faction to no avail.

The “normal Congress confirmed the correctness of our verdict on the outcome of the shocking Special National Congress (SNC) in July 2015, that “COSATU has been stolen by the state… - rigged by the Federation’s leadership in order to crush workers’ right to express their views and to force through decisions which we believe are killing the mighty federation of Elijah Barayi.”

In some respects the ‘normal’ Congress was even more shocking than the Special National Congress, by blatantly flouting COSATU’s own constitution:

1. Two of its former and re-elected office bearers, Tyotyo James and Zingiswa Losi, were ineligible for election, as neither complied with the requirement that they must have been elected as shop stewards in their workplaces.

2. A new ‘union’, LIMUSA, was unconstitutionally accepted as an affiliate despite not meeting the necessary every condition for this prescribed in the constitution.

3. Unions’ membership figures, on which the size of their delegations were calculated, were not verified to ascertain their correctness in line with clause 3.2.4 of the COSATU constitution and the principle of paid up membership. Instead unions were allowed to claim membership largely based on 2012 figures despite clear evidence that many of these affiliates have suffered big membership losses over the last three years as a result of thousands of members being purged, retrenched or leaving to join a rising stream of breakaway unions.

More shockingly and worryingly is the Independent Electoral Commission wittingly and unashamedly agreeing to put its own credibility and standing on the line by effectively endorsing what was clearly an undemocratic elections.

1. The IEC allowed Tyotyo James to chair a session in which he was so directly conflicted. Tyotyo James took the opportunity to drive the meeting in a direction that will benefit him and his NOBs colleagues.

2. The IEC allowed a vote through a show of hands. The fact that this is allowed in the constitution does not absolve the IEC from ensuring that it protects its own reputation. As said above once more, delegates were asked to stand if they support a motion and sit down if they disagreed. This allowed an open intimidation of delegates, which the IEC is now an accomplice to. COSATU constitution does not end only at the point where the meeting must decide on whether to vote through a show of hands or not. IEC did not ensure the observance of the constitution that states:

11.4.5 At all meetings where there are more than 50 participants, votes must be counted by scrutinisers who –

11.4.5.1. must be appointed by the meeting; and

11.4.5.2. must record the votes and report the results to the Chairperson.

1. In the presence of the IEC entrusted with COSATU Congress' entire elections process, Tyotyo James again was allowed to chair over his and his NOBs colleagues nominations and related processes, with the IEC under processes dereliction its responsibility whilst Tyotyo James was by default allowed to assume such responsibilities: notwithstanding his vested interest hence arrogance to defend such interests no matter what. The same IEC refused a request by FAWU and SACCAWU for reopening the nominations from the floor as is the practice and decided to give over to Tyotyo to impose a vote through a show of hands votes that reinforced the position of him and his NOBs colleagues as duly elected; by default though.

When delegates from FAWU and SACCAWU bravely rose to oppose the credentials report in order to rectify these breaches of the constitution, 1st Deputy President, Tyotyo James, despite himself being one of those whose legitimacy was being contested, called a vote on a show of hands, another practice first used at the Special National Congress.

Once again delegates who might have disagreed with their union’s view had to stand on chairs in this unfair and intimidatory method of counting votes and were force to ‘legitimise’ this deviation from the constitution.

There was a similar travesty when the Congress ‘debated’ the expulsion of NUMSA and Zwelinzima Vavi. It was a foregone conclusion, which fully vindicated their decision not to appeal. Despite a courageous effort by FAWU and SACCAWU to raise all the arguments against the expulsion of 340 000 members, they were totally ignored and the decision to expel was bulldozed through the Congress through a vote that showed that less than half of the delegates actually participated in the farce.

We reiterate what we have been saying for the past three years: there can be no unity to the exclusion of NUMSA now 380 000 members, there can be no unity to the exclusion of other purged members now represented by DEMAWUSA, MATUSA, SAPSU, NTM, FUWO, many others who have been resigning from the unions in despair.

Whilst this tragedy is unfolding, workers continue to be in a dire economic and social crisis, are itching to fight back. Unemployment, at 34% by the more realistic expanded definition, is destroying the hopes of particularly young workers. As we speak there is a wave of job loss bloodbath underway across the private sector. Employers are outsourcing and using labour brokers as freely as ever. Employers are on anti-union offensive to destroy collective bargaining.

Chronic levels of poverty are devastating communities. Students are in revolt against exorbitant fees and in support of free education in line with the Freedom Charter. South Africa has become the most unequal society on earth. While millionaires become billionaires, millions of the poor, black majority of our people go to bed hungry every night. Economic growth has slumped to its lowest level for years. The survival of entire industries – mining, steel, SAPO, SAA, etc. - is in the balance.

All these problems are magnified because of the weakness and fragmentation of the trade union movement. Only 24% of workers are organised, and they are scattered among three labour federations and in more than 179 registered trade unions. Most of the 76% of unorganised workers are in the most vulnerable sectors. What used to be called “atypical” employment is becoming typical: the wages of 54% of workers are fixed by employers without any negotiations, and only 9% determined through centralised collective bargaining.

These vulnerable workers need a voice, and the recent COSATU ‘normal’ National Congress has confirmed our view that this once mighty worker Federation of Elijah Barayi cannot provide that voice.

We are further than ever from COSATU’s goal of One Country – One Federation and are moving in the opposite direction. COSATU is also moving opposite direction of its own 2015 plan. That is why we urgently need to rebuild the movement that COSATU used to be, but only much bigger and more militant, which will unite the workers of South Africa.

To launch the process we shall convene a Workers Summit, to which are already involved and will intensify efforts to involve the broadest possible number of independent, representative workers’ federations and unions, including COSATU and all its affiliated members. We shall hold meetings at workplace and local meetings, followed by Provincial Summits, leading to a national Workers Summit early in 2016.

Signed by NUMSA, FAWU, SASAWU, SAFPU, DEMAWUSA, MATUSA, FUWO, SAPSU, SASFU, SACCAWU, PAWUSA, NTM, 10 December 2015