SACP STATEMENT ON THE LABOUR COURT RULING

The SACP has noted the recent judgement delivered in the Johannesburg Labour Court in the case brought up by Mr Ivor Blumenthal against the Minister of Higher Education and our General Secretary, Cde Blade Nzimande (see Business Day report).

The SACP is extremely worried about the one sided nature of the judgement. We are encouraged by the Ministries commitment to forge ahead with the transformation of the Sector Education and Training Authorities landscape. The narrow reading and continuous interpretation of the law in our courts is indeed a serious problem.

The case in point is the inability of the judge to realise that the changes that have been made to the constitutions of the SETA's are intended to support the successful implementation on the NSDSS III and thus meet the delivery of government policy.

Just like all reactionaries do, what Blumenthal lost in the table of negotiations in relation to the process he will seek to frustrate it in court. Courts cannot be a stumbling block of the empowerment of the working class and the poor of our country.

The so called rule of law and respect of law cannot be used to reinforce Blumenthal, his racist project and his cronies in the Services SETA. SETA's were created to empower the majority of our people and not to be a private army of private interests in skills development. There is no space for union bashers like Blumenthal in the road ahead as we deepen the skills revolution.

We are happy that the Ministry has decided to appeal and remain hopeful that they will be granted the leave to appeal by the Judge. Blumenthal and his cronies can take their case to court; we will win our battler for a radicalised SETA landscape in the streets!! The apartheid judiciary felt the wrath of our people on the streets and when apartheid collapsed it had no role.

The elite who want to hang on to white privilege and milk millions of rand through a well crafted system of gate-keeping and opportunity hoarding in the skills sector will soon feel the pressure and fall aside like apartheid did and their courts will be left useless. No court will threaten the transformation agenda!!

The SACP calls on the Minister to also move quickly to push for the amendments of the legislation in order to allow for SETA's, their Councils and CEO's to be held publicly accountable. The SACP further calls on the Minister to move with speed to make sure that FET Colleges are used as bedrock of skills development in this country in order to cut out private interest and "tenderpreneurs" who are salivating at the money involved whilst the majority of our people remain unskilled.

Statement issued by the SACP, May 5 2011

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