Response to damaging distortions and attacks
The National Office Bearers held their scheduled meeting, which normally takes place on Monday, on 3 March 2014. On amongst others they did an assessment on the challenges facing COSATU, the form and content of these challenges and the political context within which these were taking place.
In our assessment we noted that we have deliberately restrained ourselves from responding to attacks directed at COSATU and its leadership. We have prioritised unity of the federation and have believed that all have this intention. As a result we chose not to occupy the public space to correct many distortions and open lies which have been peddled against the federation on various issues.
In the process some of the things which have been said against the federation and its leaders may have, through our silence created confusion amongst membership about what is the truth.
In this context we have taken a decision to respond to some of these damaging distortions and attacks. We will not be able to respond to all of them because some have been subjected to court process.
Among these they include the following:
(a) The continued media statements made by NUMSA leadership against the federation and the actual implementation of their Congress Resolutions against the CEC decision which granted them permission to present their case to the federation as why they think they should not be suspended or expelled
(b) Deliberate distortion of facts about the suspension of the General Secretary who continues to be presented as a victim in the media and his continued public statements which consistently distorts facts, attacks, ridicule, derides and even insults the leadership of the federation.
This is despite the fact that he will have a chance to state his side of the story for each of the charges against him including the recent findings by the Sizwe, Ntsaluba Gobodo Auditors.
(c) Disruptive activities in some provinces where there is an attempt to openly undermine the federation's policy and its leadership by some groupings. This includes recent attacks against the President of COSATU which appeared to be well-orchestrated as part of the broad and open campaign aimed at destroying the Federation.
1. On the continued media statements made by NUMSA leadership against the federation and their continued implementation of resolutions which are opposed to the federation's policies.
The NOBs have noted with deep concern that NUMSA continues to make media statements against the federation and also continues with the actual implementation of their Congress Resolutions against the CEC decision which granted them permission to present their case to the federation as to why they think they should not be suspended or expelled.
The recent announcement made by NUMSA leadership on 2nd March 2014 about progress regarding the implementation of their Special Congress Resolution to form a United front and a socialist movement is the one that compelled the NOBs to say it can only be this far and no further!
This is one event which shows the extent to which NUMSA leadership is prepared to go in undermining the federation and the entire membership of COSATU.
Instead of allowing COSATU's internal processes to continue, NUMSA leadership has proceeded to implement their resolutions which they incorrectly and arrogantly claim that they are also COSATU resolutions.
We want to remind the membership throughout the country that it is not the first time an attempt is made to form a united front. A similar programme was mooted in the Western Cape on 22 August 2005 and as COSATU we had already issued a statement responding to the campaign.
In that statement we said on amongst others that our "constitution contains the clause which says that as one of our aims and objectives, is to encourage democratic worker organisation and leadership in all spheres of our society together with other progressive sectors of the community.
We continued to explain that "the main way in which this clause has been implemented has been through COSATU's long-standing alliance with the African National Congress, the South African Communist Party and the South African National Civic Organisation. These are the organisations which have a proven track record to address the challenges confronting our society.
This matter was further discussed, clarified and resolved by the 3rd Central Committee which was held from 15th-18th August 2005 which reaffirmed the need for stronger and more consistent cooperation with other formations in civil society, including expanding the coalition around jobs and poverty.
This Central Committee also said that these coalitions must be conducted within the context of the Eighth National Congress resolution on work with social movements. We rejected suggestions in the media that these coalitions were a move to re-establish the UDF, or the beginnings of the creation of a so-called left party. We were clear that these coalitions are tactical in nature and do not seek to replace the strategic alliance we have with the ANC and the SACP or seek to create an anti-ANC block."
NUMSA on its part also issued a statement which was titled "Reports of a new UDF smack of sensationalism" where it was responding to the article in the Star newspaper dated August 23, 2005 in which on amongst others they said that "the coalition is formed on the basis of intensifying the COSATU jobs and poverty campaign. It is a tactical coalition on specific objectives around jobs and poverty. There is absolutely no ulterior motive or any political agenda nor any desire to contest the ANC political power. NUMSA also added that this was in line with the COSATU 8th National Congress and concluded in its statement by saying that "it will be wrong for any coalition to take a decision that will fundamentally undermine COSATU policies and Congress decisions.
It is only just 9 years since this happened and NUMSA goes to a Special National Congress and contrary to its statement in 2005 "takes a decision that will fundamentally undermine COSATU policies and Congress decisions".
We want to invite NUMSA leadership to re-read the Federation's 8th National Congress resolution which we know they know very well where on amongst others we said the following:
1) To use the criteria set out in previous COSATU Congresses in 1987 and 1989, as well as the following criteria, to determine which social movements we will work with:
a) Whether the issue being taken up is genuine and affecting the working class and the poor.
b) Whether the campaign and working together strengthens the working class, the labour movement and the broad democratic movement.
c) Whether the organisations that the Federation wants to work with are mass-based or have an orientation to the masses.
d) Whether the organisations adhere to the principles of internal democracy and working class leadership.
e) Whether the agenda of these organisations does not aim to liquidate or undermine the Alliance partners.
f) Whether the organisation has a track record of disciplined organisational practice, and does not foster divisions within COSATU affiliates.
2) COSATU must campaign vigorously against movements like the DA and other likeminded organisations that seek to promote capital and weaken the democratic movement and its gains.
3) The Federation should pursue our resolution on the conference of the left to plan for and fight against global capital, privatisation, war mongering imperialistic powers, etc.
We want to remind NUMSA leadership that it is not a federation but it remains an affiliate of COSATU which is governed by a COSATU constitution and policies. NUMSA leadership must stop dressing the union in borrowed robes.
With regard to their announcement on their resolution towards the formation of a socialist movement we also want to tell NUMSA leadership that like all other COSATU affiliates they should abide by COSATU resolutions and policies.
Following from many of our resolutions regarding the struggle for Socialism, in our 9th Congress resolution on the NDR and Socialism we said on among others that "A popular movement towards socialism, located within a restructured Alliance (with the ANC, SACP and SANCO) and involving a range of mass movements, must be formed to assert the leadership of the working class in the NDR.
In our 10th Congress Declaration we reaffirmed the historical thesis that the NDR is the terrain upon which to wage a socialist struggle. We said that socialism is not a deferred struggle, nor is it a deferred perspective. In struggling for basic national democratic objectives, a broad national movement will be rolling back the capitalist market and constructing elements of socialism.
Against this background, we committed to taking forward the task to learn the lessons of history to inform our practice today; to build a socialist movement coalescing around the SACP; develop a critical theory of the present and a theory of the transition to socialism; as well as define a vision for socialism in the 21st century. The Political Commission (of which NUMSA leadership is part) was then mandated to develop a detailed programme on the struggle for socialism
In our 11th Congress we said that "the SACP and COSATU should convene the conference of the left and the conference must develop and adopt a socialist charter for South Africa and we also said that "In line with our declaration of the 10th congress calling on us "to build a socialist movement coalescing around the SACP", the Federation must work with the SACP to convene a national political school with a view to amongst others to develop a common perspective on taking the struggle for socialism forward based on the outcomes of our 11th congress and the SACP's 13th congress.
NUMSA cannot change these resolutions outside the constitutional processes of the federation and implements its own if it is still an affiliate of COSATU.
We once again want to remind NUMSA that for as a long as it is an affiliate of COSATU, like all other affiliates it shall be governed by clause 3.2 of our COSATU‘s constitution as amended by the 9th Congress which says that "Affiliates, including affiliates that are being orientated about the Federation, remain autonomous bodies governed by their own constitution but they must abide by this Constitution and the policies of the Federation".
We will still allow NUMSA leadership an opportunity to respond but as things stand now we see NUMSA leadership pursuing an agenda that not only stand in opposition to COSATU policies but that is aimed at destroying COSATU and at destroying the ANC and the SACP. These cannot be done in the name of COSATU.
We want to call on all our structures and members including NUMSA members to see through NUMSA leadership's agenda for what it really is - a programme aimed at ensuring that COSATU is weakened, calculated to ensure that the ANC looses the elections and that the SACP is also liquidated so that all these formations can be replaced by NUMSA and its allies.
2. On the deliberate distortion of facts about the suspension of the General Secretary.
We have noted that the suspended COSATU General Secretary continues to be presented in the media as a victim. This is coupled with his continued public statements which consistently distort facts, attack, ridicule, deride and even insult the leadership of the federation. We therefore want to clarify some issues particularly with regard to the suspension of the General Secretary and on some of the statements he has made in the recent past.
Background and facts regarding the suspension of the General Secretary.
Over a long period it became clear that a number of things had gone wrong inside the federation without an attempt to confront those issues in a frank and systematic way. This has led to serious strains manifesting in mistrust which impacted on taking up campaigns because it had become clear that in every strike action, unions will mobilise members to come in numbers and this platform got used to elevate individuals which included giving platform to people who had been suspended by other alliance partners.
It also included having this as a platform use to insult, de-campaign and weaken the ANC and the SACP. Many unions saw through this and said it had to come to an end.
It was also observed that the operations of the organisation itself had been configured to serve an individual and not the organisation. In many occasions the operations were used to sideline and undermine some within the NOB collective and many other unions.
Allegations emerged about how resources of the organisation were being used to serve individual leaders and where they were intended to serve the organisation processes of meaning consultation with the leadership collective got undermined.
Given these challenges and many others the CEC took a conscious decision to conduct a facilitated process aimed at achieving unity and cohesion in the federation. Comrades Charles Nupen and Petrus Mashishi were appointed to look at the matters which relate to political, ideological, organisational and administrative problems which may have led to the mistrust inside the federation.
The CEC later decided that since the administrative issues would require specialised skills to arrive at the core of the problem, it would be better to employ the services of a reputable firm of black auditors who will undertake a forensic investigation into administrative issues.
All affiliates were asked to make submissions to the process and in their submissions raised a number of issues which included the purchase of the new COSATU House and the selling of the old COSATU house.
As this process was continuing, the NOBs received a report about the violation of COSATU's code of conduct by the General Secretary who was alleged to having an affair and sexual intercourse in the office during office hours with one of the married staff members.
An independent process that dealt with the grievance of the staff member against the General Secretary took place, where an independent chairperson was employed. That process gave a recommendation to COSATU on areas of further investigation, including how the staff member concerned was employed and, amongst others, the distribution of the internal grievance into the COSATU website which had the name of the alleged victim.
On the basis of this report NOBs, including the General Secretary as part of the collective, convened a Special CEC on 14th August 2013 in line with the COSATU constitution which allows them to do so. One of the charges against the General Secretary was rape, which was later dropped.
This Special CEC took a decision to place the General Secretary and the concerned staff member on special leave, with conditions that the General Secretary was relieved of all his duties as the General Secretary of COSATU and all other conditions stipulated in the letter.
Before recusing himself from the meeting, the General Secretary said: "I am not above the organisation and will subject myself to the discipline of the organisation".
The General Secretary has on his own gone public and admitted to have violated the COSATU code of conduct and even went further to provide detailed information on this matter. He made these admissions freely and voluntarily, when he was in his sound and sober senses, without being unduly influenced.
We now hear that the General Secretary makes public statements that because he made an admission there was no need for COSATU to conduct an investigation.
The federation had to act on these violations and it could not do so under the rules and parameters determined by the very person who violated a policy. The federation had to ascertain that the admission was not a self serving admission. In the same way that we want to ensure the application of the rules on natural justice by allowing him to state his side of the story (in terms of the Audi alteram partem rule), we equally have a responsibility to apply another rule which is that no one shall be a judge in his own case (in terms of the Nemo iudex in causa sua rule). We cannot consciously create conditions in which the General Secretary becomes a judge in his own case. In simple terms the General Secretary is not and cannot be made to be above the law.
An investigation was conducted and based on the findings; charges were formulated accordingly and were communicated to both the General Secretary and the staff member.
These charges relates to the following:
a) Recruitment and employment of the staff member in question
b) Relationship with the staff member
c) Conversion of the staff member to an employee
d) Supervision of this particular staff member
e) Distribution of an internal grievance and response
f) Personal expenses and personal travel
g) Carte Blanche interview on 4 August 2013
h) Breach of suspension conditions
i) Utterances derogatory to COSATU and its leadership
All these will be a subject of the hearing which is due to commence this month. We want to repeat that with regard to all these charges we have said that "having regard to the gravity of the charges, but subject to the findings of the chairperson, COSATU reiterates its notice to you that it will move for your summary dismissal should you be found guilty".
We therefore want COSATU membership to know that the General Secretary is on suspension for no other reason other than the fact that he violated COSATU's code of Conduct. The General Secretary is not above the law of COSATU; he like anyone else has a responsibility to come before the disciplinary process and clear his name.
Therefore any demand for his reinstatement can only be intended to undermine COSATU internal processes and elevate an individual above the organisation. COSATU will not allow that to happen.
We are still awaiting the second report from the Sizwe Ntsaluba Gobodo firm of auditors and the report from Charles Nupen and Petrus Mashishi. We have not yet acted on the first report from the SNG; we are still seeking legal advice as recommended and agreed to by the Special CEC held on 10thFebruary 2014.
We want the General Secretary to keep his word, as he said in his statement on the 28/02/2013, that "I will never ever use the powers I have as general secretary of the federation to steal from the very downtrodden members of the federation, who are ... struggling daily against corruption".
We also want to hold the General Secretary on his word when he said in the same statement that if it can be proven that he was involved in any irregularities "I will just leave because that will be the worst form of betrayal ... I will just walk because it means I have no bloody credibility left whatsoever"
Distortions regarding the characterisation of the challenges confronting COSATU
We have also noted that there are many other statements which the General Secretary has made during his media crusade and some of these include his characterisation of the problem currently confronting COSATU. In his speaking notes at the KZN NUMSA Congress held on 23rd November, 2013 titled "The real cause of the crisis in COSATU", comrade Zweli (and yes we still call him a comrade), after some reference to what has been said by outside analysts, he then answers the question "what then are the real bases and causes of the crisis in COSATU?" He pointed out the following:
a) The crisis in COSATU is a reflection of the class contradictions and class struggles that are broadly playing themselves out in South Africa and in the liberation movement and its formations between the South African Black and African proletariat and the forces of South African Colonial Capitalism and Imperialism.
b) Therefore all those leaders of COSATU and its affiliates who are fighting to save a socialist, revolutionary, militant, transformative, anti-imperialist, democratic, worker-controlled, anti-racist, anti-male chauvinist and united federation and the so called anti-Vavi forces must be understood as representing specific class interests and positions, and as proxies of the ongoing class struggles inside South Africa in general and in COSATU itself.
c) The crisis in COSATU must also be understood as reflecting the contradictions between those leaders in COSATU who have been won over to the side of the defenders of a neo-liberalist South African capitalism under the guise of taking responsibility for the National Democratic Revolution and those who are determined to continue to pursue the struggle for socialism as the only holistic and viable solution to the national, gender and class questions in South Africa.
He knows that all that he was doing was just to dress up his own distortions on why he had been suspended. Secondly he knows that there is no one view about what is at the centre of the challenges in the federation. These are issues which are still a subject of a facilitated process whose report will soon be submitted to COSATU and in which some have refused to participate.
We can only just ask as to whether there are these class divisions inside COSATU how has it been possible that over the years including in our recent Congress COSATU has continued to unanimously adopt resolutions on the programme to radicalise the National Democratic Revolution and on the programme to advance the struggle for socialism.
It would have been helpful for him to clarify his point that the divisions are between affiliates who are fighting to save a socialist, revolutionary, militant, transformative, anti imperialist, democratic, worker-controlled, anti-racist, anti-male chauvinist and united federation as against what he calls the Anti-Vavi forces (a self centred term which is alien in our movement).
We have a different version because we can point to leaders like him who have gone public and used derogatory terms against females forcing the federation to respond condemning the use of pejorative and degrading language towards women comrades, and saying such comments portray women as sex objects or imply that they achieve their successes in life only through providing sexual favours to men. Where is this anti-male chauvinist he is talking about? Part of the submission made to the Nupen and Mashishi process shows the extent to which the principle of worker control has been undermined by the author of this article. At the right time we will provide specific detail on this matter.
All we know is that COSATU remains united to drive a programme which on amongst others seeks to address concerns about the new glass ceiling for women leaders in the union movement. Women occupy positions of deputy or treasurer but hardly as Presidents and General Secretaries. Our target to reach equitable (50/50) and proportional representation remains in danger. In this regard we commit ourselves to redouble our effort to ensure systematic implementation of our policies. We will further engage with the new women ministries to address the gender dynamics of inequality and poverty.
We can give specific examples of how some within the federation have undermined and derided woman leaders who dared to differ with them, to a point of even moving to suspend and dismiss them from the position of leadership, just because they dared to stand up and assert a different view to leaders who have become immovable movers.
It would also be helpful for him to also point to these leaders which he claims "have been won over to the side of the defenders of neo-liberalist South African capitalism", because we have another version which shows leaders who have consistently respected and implemented COSATU policies against those who have instead chose to respect their own individual positions, thus arrogating to themselves a position of being above the federation.
We know of leaders who against their will have accepted to be deployed and to serve in both the ANC and SACP leadership structures based on COSATU resolutions.
Comrade Zweli was supposed to do a thorough self-introspection before he could write down his analysis of what is "the real cause of the crisis in COSATU". If he did that he would not have omitted to count himself as part of the problem as we will expect of any honest leader.
We have received various allegations regarding the activities of the General Secretary which are directed at sowing divisions inside various affiliates; deploy people to boo and insult COSATU leadership and which are directed at de-campaigning the ANC against the decision of the federation. It these are true we call on him to stop such activities. That is the most decent thing the comrade can do under the circumstances.
We want to remind our members who have likened some of our leaders to revolutionaries like comrade Chris Hani that when comrade Chris Hani was subjected to a disciplinary process in the ANC, under very difficult conditions, which also meant a possibility of facing a firing squad he remained disciplined and never went public and instead made a direct submission to the organisation.
This was a memorandum which allowed the ANC in exile to do a thorough introspection making the Morogoro Conference to mark the turning point in many strategic aspects of our struggle, from organisational machinery, organisational processes to political and military strategy. This was never done through self serving activities which include distorting facts, undermining and insulting the organisation and its leadership.
The supremacy of the organisation was respected in under very difficult conditions. Those who failed to assert the centrality and supremacy of the organisation were either dismissed or left on their own to form new organisations which later died a natural death or failed to have any impact in the struggle for liberation.
We therefore call on members to see through the campaign which is intended to divert the federation from applying its policies and implement its programmes and instead implement programmes which are based on the skewed interpretation of policy by some. Which interpretation is intended to undermine the Alliance and even redirect the NDR? We will stick to what was agreed to at Congress and nothing else. Any new proposal must be tabled at the 12th National Congress to be held next year.
3. Disruptive activities by some unions in provinces.
We have noted with concern that in the recent past there have been disruptive activities in some provinces. These have increased in intensity after the announcement an election date and more so after the announcement of the date for the hearing of the matter relating to the General Secretary and the staff member.
We are noting that these disruptive activities are stronger in the Eastern Cape Province and are based on the demands for the re-instatement of the COSATU General Secretary and the SADTU President. They also include a demand for COSATU Special National Congress. They also include attacking the ANC and the SACP.
We are concerned that since the Eastern Cape is a home province of both these comrades, the disruptive activities may be a manifestation of tribalism rearing its ugly head within the federation. If it is not stopped, we may find it happening in every part of the country and have it used to whip up emotions of our people in the process of drumming up support for disgruntled individuals.
We refuse to accept that these disruptive activities may be based on tribalism. If it true we want to remind comrades about what was once said by comrade Walter Sisulu writing from Robben Island when he said that:
"Racism, tribalism and anti-communism are the three most dangerous impediments in the path of realising our strategic superiority over the enemy. They are part of the divisive armoury deployed against our struggle by the enemy. We have to wage a constant struggle to remove all trace of these divisive ideas among our people. In one form or another they divide our organisations and create disunity within them. Precisely because there is some objective basis for their existence, we cannot hope to eliminate them overnight. Thus racism can only be overcome with the triumph of the revolution. At the same time the very existence of such differential treatment shows that we must not allow our attention to be deflected from the source of our oppression and our common enemy. We must recognise and handle the problems arising within our ranks within the framework of contradictions among the people.
That is to say, our struggle to overcome them must be founded on educating and persuading our people. Men and women are drawn into the struggle not as ready-made freedom fighters.
They come into the struggle covered with the scars and mire of an oppressive society. Within our organisations and in the course of active struggle and constant political education, it is our duty to wash off the mire, heal the scars and make them steeled fighters for freedom.
We live in a society permeated with racism, where tribalism and anti-communism are drummed into our people in a thousand ways. Even inside our organisations and sometimes, regrettably, in individuals holding high positions, vestiges of such thinking survive and bedevil our work. Such ideas are incompatible with our goal and we must never relax our efforts to rid our organisations of them".
The reason why we do not want to accept that what happened in the Eastern Cape was based on tribalism (even though we cannot rule it out as being a strong hold of these activities) is because we have also seen similar disruptive activities in Kwa-Zulu-Natal, in Limpopo and more recently in Gauteng.
But all these were inspired by what they have seen happening in the Eastern Cape and where there were no consequences for putting the name of the organisation into disrepute. We can draw lessons from various experiences of our movement that all these will be resolved through remaining firm on organisational discipline and to put a legitimate process in place to address whatever demands which are being raised.
We have noted that these disruptive activities are centred around the demand to re-instate the General Secretary and a call for a Special National Congress.
But we are also concerned that the methods being used are undermining the organisation. Some of these methods include a call for the provincial leadership to make press statements and oppose the decisions of the CEC, seek to force provincial leadership to convene Special PECs and later to convene a Special Provincial Congress.
All the structures that are making these calls have no authority to do so. It is for this reason that we will be going to all the affected provinces to listen to the demands being made by the structures. But we also want to use that opportunity to remind our provincial structures about their constitutional role.
We therefore call on our members who are being mobilised and used in these disruptive activities to stop from participating in these activities. The leadership of the federation and national leadership from various affiliates will be going to all the affected provinces to establish the facts about the forces behind these activities and to listen to what our structures are saying.
Statement issued by COSATU, March 4 2014
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