Keynote address by the Minister of Labour, Mildred Oliphant, on the occasion of the Black Management Forum national conference, Johannesburg

30 Sep 2014

Programme Director
President of the Black Management Forum and your Leadership Team
Managing Director of BMF
Esteemed Members of BMF
Distinguished Guests
Members of the Fourth Estate (Media)
Ladies and Gentlemen

Thirty eight years ago was the most difficult period in the history of this country and perhaps the most dangerous for the black people in general and Africans in particular. To start an organisation, whose main purpose was to influence socio-economic transformation of our country, in pursuit of socio-economic justice, fairness and equity during time in our history, was a step closer to being sent to jail or even worse, loose your life.

When back in 1976, a former student activist, Mr Eric Mafuna, an active policy-maker in human resources development, Martin Sebeshoa, a Group Industrial Relations Consultant, Don Ncube, a director of the ANC's Department of Manpower Development as it was called then, George Negota, together with their comrades conceptualise and formed Black Management Forum as we know it today, was daring on their part and extremely cheeky, if not provocative, for the Apartheid regime. After thirty eight years, the organisation they helped establish, is still here and thanks is fitting to those men and women who took the giant step, against all odds, to form this movement.

Of course the Forum saw many astute Presidents in the later years of its evolution, some of them are here in this conference. To you we say, thank you for your foresight, resolute stance and leadership. In 1976, you could have quite easily established a BMF with a different and less threatening vision and mission, but you chose the one for the common good. I can also say without any fear of contradiction that there is a lot in common between what this government wants to achieve and the vision and mission of your organisation. For that reason, your organisation can best be described as the friend of the people. Perhaps this could be attributed to the fact that your organisation does not have to read in books, or be told by someone else, about the pain that goes with being marginalised. You have the first experience of this in your daily lives.

South Africa is a better place today that it was before 1994, and believe you me, your organisation will be forgiven for claiming some credit for this because indeed you have contributed significantly in this regard. I am sure however that you also understand that the revolution to transform this nation is only but just beginning and there is still a long way to go. To win this revolution we need to stand together and marshal all our forces in pursuit of the radical social and economic transformation that the President touched on in the State of the Nation Address a few months ago. "All hands on Deck" should be the motto in moving the country forward.

Mr President, it is also correct that as we ramp up the advance to true transformation, the noises from those who are against progress will become louder and they will use every possible space to articulate their jaundice views. I have also observed Mr President that our intellectuals are very thin in the public domain and they are completely outnumbered by the disciplines of doom and gloom. I will return to this point later in my input.

When I went through your programme, I was struck and fascinated by one of the themes, namely: 20 years into democracy, what is holding South Africa's economic transformation back? This is important because until you know what the problem is, it is difficult to think about corrective measures. I am therefore pleased that this is your starting point. Often it is not the answers that are important but the questions that are posed. We often do not ask questions that take us out of our comfort zones and we have become perfected the art of finding someone else to blame, but ourselves.

Why is good news not celebrated in this country, and why does it not make the front papers of our tabloids or headlines in the electronic media. The pages of our newspapers and journals carry bad news on a daily basis where anything positive is placed in corners where no one has an appetite to look. The few progressive columnists that still have dedicated slots in some newspapers and journals often get caught in the negative current affairs wave and as a result you struggle to understand their viewpoints sometimes. The Agents of change and champions of true transformation have been crowded out of all strategic places. I know that the argument is that good news does not sell newspapers, well, if that is indeed the case, what is our plan B?

The Constitution of this land is hailed as one of the best in the world and there are not many people who have expressly stated their objections to all, or any part of the constitution as being backwards. It is precisely for that reason that our constitution is considered a source of inspiration for many in this country and beyond our borders I dare say. Then why this aggressive opposition to any attempt to give meaning to the very essence of the constitution, advancing transformation, to be exact?

When the ruling party came into power in 1994, the leadership knew very well that transforming South Africa was not going to be easy given its many decades of colonial and apartheid history. Nevertheless as a collective we had the courage to rise up to the challenge despite all the road-blocks and obstacles.

We also knew that providing service delivery to over 35 million people then was not going to be easy. It is not rocket science to understand that it was inevitable that it was going to be a huge challenge to satisfy the needs of the majority given the skewed infrastructure that was designed to cater for just about 5 million people at the time.

What the government has achieved in the 20 years of its rule is remarkable if not a miracle. The Government has achieved so much under extremely difficult circumstances against many doomsayers and unpatriotic postures of those who are unhappy to see progress. It is absurd to note that there are still people today, who out of sheer political expediency, still argue that the South Africa of today is not different from that of yester-year. Some people are unashamedly economical with the truth let alone integrity and honesty. Those who are sincere, admit that the South Africa of Today is better than that of yesterday and if the current trends are anything to go by, the South Africa of tomorrow will be by far better than South Africa Today.

The enemies of progress find every reason to rubbish the efforts of government and turn a blind eye on hard fought achievements of this administration. This is done in the name of cheap politicking and utterly being disingenuous. Our people can see the truth beyond the cheap propaganda and will not be fooled by those who want to derail the transformation agenda of this Government.

Mr President; Others have gone to the extreme extent of adopting doctrine of, and I quote; "If you tell a big enough lie and tell it frequently enough, it will be believed"

The National Development Plan (NDP) is hailed as the major breakthrough by many who are friends of progress, The New Growth path has delivered on many fronts, the Industrial Policy Action Plan continues to break new grounds and the Infrastructure Development Programme continues to change the South African landscape for the better.

Well, Talk is cheap, there are many who are vocal about their unambiguous support for the NDP. Who has seen their concrete plans of what they are going to do in support of the NDP? At least you know about what government is doing and planning to do on the NDP front.

Ladies and Gentlemen; I always understood BMF to be an organisation that stands for the development and empowerment of managerial leadership primarily amongst black people within organisations and the creation of managerial structures and processes, which reflect the demographics, and values of the wider society. This is an excellent mission, but unless it translates into demonstrable gains, we will continue to have the unfinished business as some call it.

The country's vision 2030 as captured in the National Development Plan will not, on its own materialise unless we canvass disciplined cadres and organisations that understand the game plan and its reasons for being. Government, with all the best will in the world, cannot achieve this alone, we need working partnerships with all and sundry.

The trouble of course is that some people bad-mouth the country at every opportunity that they find. Recently a reputable foreign investor was sharing his experience of South Africa at an international platform and he went on as follows; I quote "South Africa is a very unsafe country. I stayed there for three months, and I did not experience any life threatening incident, and I went to Mexico and stayed there for three days, and in the three days I got robbed twice." Close quote. The audience was baffled by why then the Foreign Investor opined the way he did. When they asked him why then does he say South Africa was unsafe when he had no life threatening experience. He said - that is what the South Africans say.

Off course the South African situation is very peculiar in that it is the minority that is expected to affirm the majority and there are not many precedents of this phenomenon where we possibly draw some lessons. For this reason we do not have many options but to craft home-brewed interventions and to be extremely careful not to unnecessarily overstep the delicate and fundamental tenets enshrined in our constitution.

Can you imagine Ladies and Gentlemen, if inequality was liquidated in our society how that would harness harmony and social cohesion? Just imagine a society where the colour of your skin did not determine what job you get, what kind of food you eat, what kind of house you can afford, where you can live and to which schools you could take your children?

I cannot understand in a society where there is no one who openly admits to have supported apartheid, where everyone agree that apartheid was a crime to humanity and that it was evil, yet there are still people who disagrees with the thrust of the Employment Equity and Affirmative Action policies.

Charlotte Maxeke, the first Women Graduate in South Africa and the first National President of the National Council of Women, her advice to women in 1938, goes something like this, and I quote, "This work is not for yourselves - kill that spirit of "self", and do not live above your people, but live with them. If you can rise, bring someone with you. Do away with that fearful animal of jealousy - kill that spirit, and love one another as brothers and sisters." Close quote. This calls for selflessness in the common interest added Ellen Khuzwayo. Please take note that this is the opposite of the current practice of kicking the ladder once one reaches the top. Makes you think, doesn't it?

The single biggest threat to the deepening and consolidation of our national transformation Revolution is it's slow pace and the non-committal posture of those that must drive the processes. This no doubt Ladies and Gentlemen carries the real risk of our people beginning to lose hope and fate in what we are trying to do.

Mr President, Compatriots and Friends; Having said all of these, what are some of the ironies about where we are in our journey to real transformation, starting with BMF's own Mission which states, and I quote; "The Black Management Forum stands for the development and empowerment of managerial leadership primarily amongst black people within organisations and the creation of managerial structures and processes which reflect the demographics and values of the wider society.

You are an essential component of intelligentsia that manages the economy of this country in both public and private sectors. Management failure in either private sector or public sector, somewhat implies failure on your part. Would I be correct therefore in asserting that, if many people say workplace transformation has failed or is moving too slowly, it means that BMF is far from accomplishing its mission?

The BMF's has, in its thirty eight years of existence, helped many black people to move up the cooperate ladder in their respective organisations. There are many black people who were prominent BMF activists who now sit at the top of their respective organisations and some run their own businesses. Can we say Mr President that by virtue of their connection with BMF, their organisations are the shining examples of how transformation should be done?

Most of the BMF activists end up in key strategic positions in corporates where they are often in charge of transformation and/or people development functions. How has this translated as a catalyst for change? Is it the same phenomenon that Charlotte Maxeke warned members of the National Council of women against in 1938, when she said when you rise take someone with you? Are BMF members, who have made to the top, are they not, kicking the ladder once they are there?

You talk about resistance to change, what you are doing in a practical way to advance the transformation agenda? Where is the BMF-specific programme of action? Your Marshal Plan, so to speak.

Why do we still have acute skills shortages when a sizeable chunk of the BMF members head human capital development in their organisations?

BMF is accredited for being the Architect and midwife of the Employment Equity Dispensation in this country, why, more often than not, BMF is not standing up when its very brainchild is being attacked? Is that these BMF senior managers fear that by so doing they run the risk of limiting their career prospects?

A number of companies that have been subjected to DG reviews for non-compliance with the Employment Equity, their Human Capital Development Divisions and Industrial relations Divisions are, in most cases, headed by black people who grew up in the BMF tradition. Why is this case?

Mr President I do not expect to get answers to these here and now, but it will be important that when you conduct your introspection, these are some of the issues that you may need to look, because indeed they come across as ironies.

Government and other stakeholders should not be absolved from taking responsibility for the pedestrian manner in which the Employment Equity and the broader economic transformation has been implemented to date. Indeed we must all take that responsibility and do something about these challenges.

Government noted with great interest that BMF decided, based on its analysis of the 2013/14 employment equity report, not to award any of the designated Employers the best performing Award this time around.

I have observed that in South Africa, whilst the majority of our enabling legislations promote voluntarism and self-regulation, social partners often do not take full advantage of these thereby giving policy makers no choice, but to introduce more and more regulations as a way to cajole compliance.

You know that some people are saying certain designated employers are quite comfortable to ignore the law and instead budget for penalties when caught out. Some have perfected their art of taking advantage of the fact that at times some laws appear not to have real teeth. Let me warn those who are involved in these mal-practices that the new Employment Equity Act gives the Inspectors real teeth, so if you step out of line the Inspectors will bite you and, believe you me, they will feel the impact.

As you are all aware that with effect from 1 August 2014, the Amended Employment Equity Act, kicked in. The new law introduces at least five fundamental aspects which will change the EEA environment and these include but not limited to;

1. Equal pay for work of equal value;

2. Strengthening inspectorate and Enforcement

3. Increasing penalties for non-compliance

4. Giving the Director General, Powers to question the employment equity plans if they are flawed.

5. Furthermore, in order to facilitate easy access to justice, the new law gives the Commission for Conciliation Mediation and Arbitration (CCMA) powers not only to conciliate, but to arbitrate and issue awards on cases relating to unfair discrimination.

Whilst these, and many other amendments, are with good intentions, ensuring compliance will be even more difficult. With the commitment of the Managers in this auditorium who understand that transforming the work place is a National Developmental imperative and a right thing to do, we hope therefore that it will enhance a positive spin-off in terms of compliance going forward.

Those who are already calling for sunset clauses on the Employment Equity and Affirmative action when the sun has even arisen must think again. Well having good policies is one thing, implementing them to achieve the intended end is totally another? It is often said that you want to see a country with best policies and discussion documents, go to South Africa, equally, they say if you want to learn how not to implement policies you must also go to South Africa. This is a very bad repertoire and we must do everything in our power to change this perception, real or perceived.

Programme Director; with regards to the recent industrial relations unrests, you will recall that the Deputy President has been given the assignment to drive the engagement with the social partners to seek a better understanding of the underlying causes of prolonged strikes and violence that often accompany strikes of late. A holistic gap analysis of the current Industrial Relations architecture, should be a joint and several responsibilities of all social partners, and each social partner should channel their respective views to the forth-coming Deputy President-led dialogue session which is scheduled for 04 November 2014. Government will also conduct it's own gap analysis and suggestions on how to deal with the challenges, and likewise channel its views to the same process.

In addition The Deputy President of South Africa announced that he will be convening the Labour Relations Indaba and will also engage social partners on the modalities of introducing a national minimum wage in South Africa. Stakeholders are encouraged to use this platform to air their views on the concept in general and the possible architecture that will be appropriate for South Africa.

You may also be aware that the Parliamentary Portfolio Committee on Labour has commenced public hearings on the National minimum wage to take the public pulse on the concept. The Department of Labour will initiate its own public hearings on the matter and the dates will be announced shortly. Your contribution and participation in these events will be highly appreciated and the views of organisations like the BMF will be invaluable.

There are some very real issues in the industrial relations environment which are similar to the issues that keep the leadership of BMF awake at night, such as;

The ever increasing wage gap between the top and the workers at the bottom end of the scale,

The appalling living conditions of workers in the mining industry, generally speaking? Some have argued that the recent strikes in the platinum belt and the metal and engineering were more about the lack of transformation and inequality in the work place than the conventional issues.

What can we do together in order to leverage on our individual strengths to advance the course;

1. Will it be unreasonable to expect BMF to come to the defence of the Employment Equity or any other credible intervention that seeks to advance social and economic transformation?

2. Can I humbly ask the BMF intellectuals to crowd-in the public discourse on issues of transformation; Let's see some written pieces in the mainstream media and social media platforms to counter the misinformation campaign that is out there to rubbish genuine efforts to advance transformation;

3. Is there a case for this leadership collective, to establish the basis for BMF support on the proposed concept of setting up the national minimum wage in South Africa?

4. Will it be too much to propose that we establish an adhoc steering committee that will identify strategic areas of possible cooperation across the broad spectrum of issues of mutual interest?

5. Whilst working on the modalities of BMF's participation on the Commission of Employment Equity, is it possible for the BMF in the interim, to establish a structured working relationship with the Commission?

6. Finally and more importantly, is it possible for BMF cadres to join us in our efforts to monitor and enforce compliance?

Starting immediately after this conference, a process to scope what we can do together in the short medium to long term, must commence, I wish to propose. We must also agree on the time frames to deliver the joint action programme.

To conclude, Let me say that I am encouraged by your efforts to move towards evidence based advocacy and lobbying. Please continue to invest in this and possibly up the ante by including in your advocacy and some lobbying, getting your hands dirty a bit. It's good to address the like-minded people, others say preaching to the converted but the sustainability of our partnership must translate into real progress. Our mission is to change things for the better. Our door is open for engagement on your transformation master plan once it is completed.

I wish you all the best in your conference and I hope that the resolutions and declarations will build on the sound foundation laid by your fore-bearers as BMF.

I am aware that you have established a process to investigate the stumbling blocks to social and economic transformation. Please include us in your mailing list when the report and recommendations are ready for public consumption.

Together let's move South Africa forward.

I thank you

Issued by the Department of Labour, September 30 2014

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