COSATU media statement on CEC, 18-20 November 2013
The Congress of South African Trade Unions had a scheduled meeting of its Central Executive Committee from 18-20 November 2013, attended by its National Office Bearers, representatives of its affiliated unions and provincial leadership. Among the many important items discussed were:
Update on the Alliance Summit outcomes
The successful Alliance Summit, held from 30 August -1 September 2013 declared that we must take forward, and give concrete meaning to, the Mangaung Resolution that we must "strive for macro-economic balances that support industrialisation, are biased towards job creation ... bolster the growth of domestic industrial capacity and in making policy tradeoffs will select those that favour productive sectors of the economy."
It has been agreed by the Alliance leadership that these matters will be discussed at a national workshop on 28 November 2013, followed by meetings of the Alliance Secretariat and an Alliance Political Council.
The CEC however expressed its concern at the slow progress in following up this and other issues raised at the Summit by COSATU and the SACP, including disagreements on specific sections of the National Development Plan, particularly the economic and labour market chapters, problematic labour law amendments, the proposed social compact, labour brokers and e-tolls.
At the Summit we observed that there was an opening up of space for varied possible solutions to the challenges confronting our country. But this space is not being opened up.
An Alliance Task Team which was set up to discuss macroeconomic issues, and which was supposed to meet weekly, has only met once and was not well attended. Meanwhile the government has continued to implement the policies on which COSATU and the SACP had differences.
The Treasury has even introduced a new one - the Employment Tax Incentive Bill - which was not even raised at the Summit and has not been discussed at Nedlac. It is basically a new version of the discredited Youth Wage Subsidy, which all Alliance structures have opposed.
Before the 2013 State of the Nation Address, COSATU and ANC leaders met and agreed that any youth employment incentives must be discussed at Nedlac and agreed by all social partners, as should all socio-economic policies. COSATU is to engage on this matter with the Deputy President, who is the leader of government business in Parliament. If that engagement is unsuccessful, the federation is not ruling out litigation or mass action
The meeting was especially alarmed at the statement by Treasury Deputy Director General, Ismail Momoniat, that this bill does not need Nedlac approval, and that "Parliament is the only supreme body here and it approves or rejects or amends bills." If this view is allowed to stand it is creating a precedent for any legislation dealing with economic development or labour issues to be passed without discussion at Nedlac, which would render this important body redundant.
The CEC voiced a specific concern at the apparent over-riding power of the Treasury to dictate government policy, even when it conflicts with ANC and Alliance policies.
CEC delegates expressed alarm that COSATU and the SACP are being sidelined. It was resolved that these concern must be urgently taken up at leadership level at the Alliance Political Council. This is urgent, since the issues relate to the ANC's manifesto drafting process which has already begun.
The issues being raised cannot simply be parked until after the elections. If changes in these policies cannot be agreed, it will severely hamper the electioneering work in support of the ANC to which we are fully committed.
The CEC reaffirmed congress resolutions to support the ANC and to pay an election levy. This however money does not go to the ANC but is to fund COSATU's own election campaign programmes.
General election and the manifest: Address by Comrade Jeff Radebe
Later in the CEC these issues were raised after an address by Comrade Jeff Radebe, Minister of Justice and ANC Head of Policy, in which he outlined the framework of the proposed election manifesto, which will be based on building on the foundations laid in 20 years of ANC government, and will focus on economic transformation, jobs, healthcare, education and delivery of basic services.
The CEC expressed its broad agreement with this programme, based on the ANC Conference resolution calling for the 2nd phase of the transition and the federation's call for a Lula Moment.
The meeting however raised the concerns referred to above, and others, including the funding model for the NHI, collective bargaining in local government, local procurement and Swaziland.
The minister agreed to take these matters up and conceded that government should not have allowed so many big South African companies to relocate their headquarters overseas.
He agreed that the views of the Alliance partners had to be taken into account and urged COSATU to participate in the Manifesto Workshop being held today, 21 November 2013, to which the meeting agreed to send a full delegation.
COSATU is part of the manifesto drafting team.
Rolling mass action
The CEC received a report on the three-day campaign of rolling mass action, which was mandated by the 2012 National Congress. Thousands of workers poured on to the streets in support of demands specified in the Section 77 notice for scrapping of e-tolls and opposition to the privatisation of our roads and the banning of labour brokers. Marchers also raised demands for:
- Affordable, accessible and efficient public transport;
- Building houses close to workplaces and an end to the apartheid spatial development;
- Urgent steps to address the crisis in public health and education;
- A living wage for all workers, with a statutory minimum wage;
- Scrapping the Employment Tax Incentive Bill;
- Ending the scourge of corruption in both public and private sectors
All the marches, without exception, were lively but disciplined and completely free of any violence or crime. Despite a number of difficulties - the fact that many workers have been involved in bitter strikes, the approaching festive season and COSATU's internal processes - the attendances under the circumstances were good
There were however problems with mobilisation in certain provinces, some of which appeared not to fully understand their role and that of the CEC. The meeting strongly condemned the disruptive behaviour of some comrades at the PSSCs in the Eastern Cape, KwaZulu Natal and Limpopo and those who planned such action.
One affiliate, NUMSA, decided not to participate in the mass action, although in the event members of all affiliates did attend the marches. It was agreed to investigate NUMSA's role in the matter and that all affiliates must investigate the cause of these problems within their unions.
E-tolls
Although it was not a stand-alone item of the agenda, during the third day of the CEC the government announced that it was to start implementing e-tolling on Gauteng highways on 3 December 2012. COSATU issued the following statement:
"The Congress of South African Trade Unions has noted with anger the announcement that e-tolls will be implemented on Gauteng highways on 3 December 2013 and reaffirms its continued total opposition to this attempt to privatise our public roads and force us to pay to travel on roads we have already paid for though taxes and the fuel levy.
"The federation urges all motorists to continue to refuse to buy e-tags, which they have absolutely no legal obligation to buy."
Further statements on future action will be issued shortly.
Internal facilitated processes
The process conducted by Charles Nupen and Petrus Mashishsi into certain organisational problems within COSATU is continuing, despite difficulties in fixing meetings with certain affiliates. They are still however committed to the process and are to be asked to submit whatever information they have.
A report by auditors Sizwe Ntsaluba Gobodo into allegations of financial irregularities has been delayed owing to the tragic murder of Lawrence Moepi, but is expected to be released soon and referred to the CEC.
The former COSATU leaders who have offered to assist the federation have requested an informal meeting with CEC delegates and this is being considered.
The ANC task team, with a similar mandate, has held a meeting with COSATU NOBs. They are engaging with individual affiliates and will then meet the NOBs.
The CEC received an update regarding the placing of the General Secretary and a staff member on special leave. A disciplinary investigation on the staff member has been completed and the one concerning the GS is nearly complete. The outcome of the investigations or any disciplinary action will be submitted to the CEC.
The CEC was informed that the High Court litigation against the Federation by NUMSA and others, and more recently by the COSATU General Secretary, were now unlikely to be heard in 2013. The meeting requested NUMSA, FAWU and SAFPU to withdraw their action.
2nd Deputy President
A NUMSA branch in the Eastern Cape has recommended the suspension of COSATU 2nd Deputy President, Comrade Zingiswa Losi, as a NUMSA Shop Steward. The NOBs wrote to NUMSA seeking information about the matter as it impacted on COSATU, because her status as a Shop Steward has constitutional implications on her status as COSATU 2nd Deputy President.
NUMSA has explained that this is a cautionary suspension pending an investigation, so the CEC agreed to take no action and await the outcome of the investigation, since suspension alone did not impact on her status within COSATU.
Update on the call of for a COSATU Special National Congress
The September CEC received a request from nine affiliates for a Special National Congress and this matter has been handled in terms of the constitution which gives the President the duty to convene the special congress.
Two of the affiliates were subsequently found to be not in good standing, but the remaining seven still constituted more than one third of the 19 affiliates and were therefore eligible to call for a special congress to be convened by the president.
The president reported on the practicalities of convening such a congress including among others timing, costs and resources, the state of readiness of the affiliates and the objectives and agenda of the congress. The last point was relevant, as the seven affiliates had not given the same reasons for their request for a special congress.
The meeting engaged on the president's report and the big issues were around the agenda and timing of the special congress.
The CEC acknowledged that the special congress would not be taking place this year and it was agreed that these issues be referred to a meeting of NOBs and affiliates' presidents and general secretaries, which would report to the Special CEC convened to discuss the reports of the internal processes, and if that meeting could not resolve the matter it would be taken to the scheduled February CEC.
Delegates were strongly urged to stop taking these issues to the media and/or the courts.
A letter to the NOBs which NUMSA wrote and published on the failure of the President to convene the Special Congress was strongly condemned by the CEC and NUMSA was ordered to withdraw it and they effectively did withdraw it. NUMSA and others were asked to respect the office of the President and were condemned for their concerted campaign to besmirch and undermine the office.
The CEC reaffirmed its full support for the NOB collective.
Support for NUM etc
A report was given of a meeting of NOBs and affiliates on 10th October in Rustenburg which focused on developing a common understanding of the material situation obtaining in the area and the challenges facing NUM in particular, including whether AMCU has features of vigilante trade unionism or whether such a phenomenon of vigilantism or counter revolution exist in the area even if it was outside of AMCU.
The meeting reaffirmed the National Congress Declaration on Marikana, its condemnation of violence and vigilantism.
It also discussed:
a) The impact of the migrant labour system and the challenges associated with poor housing infrastructure giving rise to informal settlements in the mining communities, promotion of tribalism and racial segregation and discrimination; prevalence of HIV and AIDS and TB infections
b) The extent to which the mine bosses implemented the mining charter and the health and safety rules.
c) Existence of opportunistic political exploitation of the plight of workers and incitement to violence by any groups or individuals for their own selfish ends.
d) Existence or non existence of an effective political infrastructure of the movement as whole
e) Developing creative ideas of how the federation can mount an effective solidarity for the NUM and other unions faced with similar challenges of rivalry unions in respective sectors.
f) The way forward, which should include a clearly articulated implementation Plan with clear deliverables , resource allocations and time lines
A detailed report of the meeting was submitted to the CEC. Amongst the points raised were that NUM members are still being killed and that AMCU has still not signed the Framework Agreement for a Sustainable Mining Industry, entered into by Organised Labour, Organised Business and Government on 3 July 2013, which included commitments to end violence and lawlessness in the area.
The meeting agreed that there were elements of vigilantism, and possible links with both the SAPS and mining employers, and that the federation must continue to support the NUM and all other unions under attack.
Conclusion
Despite the challenges we face, our campaign of rolling mass action showed that COSATU is still a powerful revolutionary force. We must however prioritise workers' unity and speak with one clear voice.
Statement issued by COSATU CEC, November 21 2013
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