SACTWU's ploy to destroy the FMF has backfired
The Free Market Foundation (FMF) is greatly encouraged and strengthened by the depth and breadth of moral outrage and common sense support against South African Clothing and Textile Workers Union's (Sactwu) deliberate and unlawful intention to destroy the legally constituted body of the FMF. On March 27 2014, the FMF exposed Sactwu's illegal action which demands that all employers in the clothing and textile industry should cease any kind of financial or membership support for the FMF in an ill-advised and unconstitutional clause in their proposed main bargaining council agreement 2014/16.
Media outlets and commentators seized on the story and highlighted the fact that, by their actions, unions are now attempting to usurp Parliament by inserting demands into bargaining council agreements that have the effect of an enforceable "law".
In March 2013 the FMF launched a legal challenge to S 32 2 of the Labour Relations Act (LRA) 1995. Subject to criteria of sufficient representation, this clause compels the Minister of Labour to extend all bargaining council agreements to employers who were not party to the negotiations and who often cannot afford the imposed terms and conditions of wages and employment. This has a particularly damaging impact on smaller business, the key drivers of employment in South Africa.
If Sactwu get their way and their agreement is adopted, then in effect, the Minister would be extending an agreement containing illegal clauses.
Unhappily for Sactwu, their ploy has backfired. Far from destroying the FMF as they set out to do, public opinion is against the unions, its leaders and this action and respect for the rule of law has prevailed. Let the Constitutional court decide whether a law is valid in a constitutional democracy, not union leaders.