The Congress of South African Trade Unions is deeply concerned at remarks made on 11 June 2009 at the World Economic Forum (WEF) by Trevor Manuel, head of the National Planning Commission in the Presidency.
He suggested that trade unions were exacerbating the global economic crisis by going out on strike at this time, and accused them of abusing their right to call socio-economic strikes under Section 77 of the Labour Relations Act. He told business leaders they were ‘cowardly' for not standing up to unions more.
Contrary to Manuel's insinuation, COSATU has not recently called any strikes under Section 77. The relatively small number of strikes that have taken place recently have been called by affiliated unions over very specific, legitimate grievances over pay and working conditions, unrelated to the global economic crisis. There is not a ‘strike wave' or a ‘strike season', as the media keep misinforming us.
While COSATU supported these justifiable strikes, the federation's priority is always to seek to resolve disputes without strikes, and indeed the vast majority are settled through negotiation.
Section 77 is also a mechanism for resolving disputes over socio-economic issues, such as electricity tariff increases or opposition to privatisation, through a process of negotiations at Nedlac. It involves a long procedure to ensure that the matter is fully considered and to try to reach agreement through consensus. Only after a failure to agree has been formally registered by Nedlac, can the unions embark on lawful protest action.
The business leaders whom Manuel accuses of being ‘cowards' are overwhelmingly supportive of this procedure, as it channels workers' anger into a constructive negotiating process which makes strike less, rather than more likely to take place. Without Section 77, workers would no longer be able to express their anger legally, and would be more likely to engage in uncontrolled strike action. An attack on Section 77 is an invitation to social and industrial chaos.