Cosatu again ducks their day in court and delays: FMF bargaining council legal case until 2016
22 September 2015
At the direct and late intervention of Cosatu last week, the FMF has been informed of yet another delay in bringing their constitutional challenge to the mandatory extension of bargaining council agreements - S32 of the Labour Relations Act 1995 (LRA). The date has been postponed from 09 -12 November 2015 to February 22 – 25 2016. This will be almost three years to the day since the FMF launched their legal challenge in March 2013.
S32 is the clause which compels the Minister of Labour to extend private bargaining council agreements across an entire sector to control the unemployed and companies, usually SMEs, which were not party to the negotiations and cannot afford to pay higher wages and offer conditions agreed by larger firms and unions. The FMF seeks to change just one word from “must” to “may”, to allow the minister to apply her mind to what she does, especially concerning the wider socio-economic conditions within an industry, and to think about whether extending an agreement will harm new and existing jobs.
“We are shocked, angry and dismayed by this development,” said businessman Herman Mashaba, who is leading the FMF’s challenge. “Initially I could not believe it. After nearly three years of delaying tactics, subverting the judicial process and blatant contempt for the rule of law, yet again Cosatu is unable to get their act together and get into court for the dates agreed by all sides. Perhaps Cosatu is afraid of taking their case to court and testing the legality of S32”
Mashaba said he was also baffled by the silence of the Minister of Labour. “The FMF case is about fighting for her to be given the power to exercise her executive role. She should also be concerned about the delay in the court hearing".