Statement on the COSATU Congress by Zwelinzima Vavi, 19 November 2015
I am releasing this statement to clarify why I shall not be making an appeal to the COSATU Congress for my reinstatement as General Secretary, to provide a truthful account of the events that have taken place in COSATU and to answer these questions:
- How it was possible for more than 340,000 metalworkers to be dismissed at a time when the working class is under attack,
- How have hundreds more from other unions been purged for trying to save their unions from corruption,
- How all this is happening when the working class needs to be more united than ever.
History of the expulsions
On 13 July 2015, I anticipated the possibility that I would be given an opportunity appeal to the Special National Congress (SNC). This did not happen. Just as in all other interventions to save the federation from imploding, my appeal was defeated by the faction enjoying a majority at the CEC, who publicly stated their mission to surgically remove NUMSA and me.
The crux of the matter is my dismissal by the COSATU CEC on the 30-31 March 2015.
1. On 31st March I received a letter signed by the Deputy General Secretary of COSATU informing me that the CEC of 30-31st March 2015 had dismissed me.
2. The letter did not set out the specific grounds for dismissal but stated:
"The CEC has discussed the issues raised with you in that letter (of 17th March), your decision not to attend the CEC meeting scheduled for 30-31 March 2015 and the public statement in which you stated, among other things, that you refuse to attend the CEC meeting. After considering all of these recent actions by you, including in particular your public statement on Sunday 29th March 2015, the CEC resolved that you are dismissed from office with immediate effect"
3. This is the only letter I have received and thus the only reason why I was dismissed. All other things being said are deliberate attempts at obfuscation and character assassination. The real reason I was dismissed was that I could not find it in my conscience to implement a decision to dismiss 340 000 members of NUMSA from their federation - a step that would undermine and eventually destroy the unity so painstakingly worked for by our forebears.
4. This decision was not only unprecedented but also very wrong and I would have taken the same position irrespective of the union involved. Dismissing workers en masse from the federation I know they love and they have built is simply wrong.
5. Replacing 340 000 workers with a new shelf union like LIMUSA without even following the dictates of the constitution was equally wrong. I could not find any reserves in my conscience to implement that decision.
6. This is why I have been dismissed - for my refusal to accept an imposed “business as usual”, after a decision by the majority of the leadership whose intention was to divide every union and create a precedent that meant that from now on all our differences will be solved by mass dismissals of members.
7. I have thought over and over about this. I have searched hard for political, ideological and organisational reasons that could justify a decision to dismiss workers from their federation for whatever reasons. I have found nothing.
8. I agree with what Joe Slovo, a respected Marxist/Leninist theorist and former GS of the SACP, said in 1988, in The South African Working Class and the Revolution:
“A trade union is the prime mass organisation of the working class. To fulfil its purpose, it must be as broad as possible and fight to maintain its legal status. It must attempt, in the first place, to unite, on an industrial basis, all workers (at whatever level of political consciousness) who understand the elementary need to come together and defend and advance their economic conditions. It cannot demand more as a condition of membership. But because the state and its political and repressive apparatus is an instrument of the dominant economic classes, it is impossible for trade unions in any part of the world to keep out of the broader political conflict.”
9. Nothing in this piece or any other Marxist/Leninist literature has convinced me that it can be revolutionary to dismiss workers from their unions or federation. The ANC Task Team which tried to facilitate a settlement in COSATU also specifically condemned expelling NUMSA as unwise, a line recently echoed by veteran unionist, former ANC SG and former Deputy President and former President of South Africa, Kgalema Motlanthe, who said told Business Day: “I can’t think of anyone who claims to be a trade unionist who can with clear conscience expel 350,000 workers, its unheard of...it’s unheard of”.
10. Below we deal with COSATU divisions, which have been acknowledged in countless CEC discussions, but more importantly after the 11th National Congress in 2012, all of whose resolutions have been frustrated.
Who created the crisis in COSATU and why?
1. The decision to derail the Federation, and turn it into a conveyor belt or labour desk for Government and the Alliance, was not an accident, but a deliberate act, a conscious strategy to ensure that COSATU did not challenge Government’s slide into full-scale neo-liberalism.
2. In 2012, as the economic and social crisis worsened, the 11th Congress of COSATU resolved that bold policies, backed by mass mobilising campaigns, were needed to push Government and the Alliance to address growing unemployment, poverty and inequality, which were getting worse, and not to willy-nilly succumb to the wishes of capital.
3. The Congress acknowledged that a ‘business as usual’ approach was definitely not going to serve the working class. A programme of action, firmly asserting COSATU’s independence, and challenging the neo-liberal policies was unanimously developed. Congress put the needs of the working class first. The very same congress enthusiastically united around this radical programme, and unanimously returned Zwelinzima Vavi notwithstanding a strong lobby and opposition from certain leaders of affiliates and the Alliance.
4. This clearly was too much for those with vested interests who had expected the 11th Congress to reject these polices, and the General Secretary, and were shocked to see that they had failed. However, those looking forward to a career in Government, and those in the Alliance who had promised to deliver a ‘tame’ COSATU, were determined to undermine the democratic decisions of the Congress and began immediately.
5. A campaign was launched to rid the federation of the General Secretary, and to dismiss NUMSA, which had articulated, through its own democratic structures, a comprehensive critique of Government economic policies, and which had exposed the failures of the Alliance.
6. The factional campaign to discredit both the General Secretary and NUMSA went into overdrive. As NEHAWU’s NEC said in 7 April 2014:
“The federation… must without any fear or favour - apply its own rules and policies, and if this means expelling those who want to remain within the federation whilst destroying some COSATU unions and who see themselves as opponents of our Alliance, then let it be. It must surgically remove them, root and branch to allow itself space to begin a process of rebuilding itself and affiliates.”
Excuses for NUMSA’s expulsion
Propaganda has been spread to try to make the dismissal of 340 000 look better than it is:
1. That NUMSA made a call on the federation to break its alliance with the ANC. Bearing in mind what Slovo said, can you justify dismissing 340 000 workers from the federation for making a call on COSATU to break the Alliance? Will COSATU now expel members of any other union calling for breaking the Alliance? Why was SAMWU not dismissed when it refused to campaign for the ANC because of the interests of its members? Why not dismiss SASBO for having a clause in its constitution that won’t allow the union to associate with any political party? Why not amend the constitution to make it clear that the Federation accepts in its ranks only members who accept its political policy?
2. The threat by NUMSA congress to march to COSATU. But the march had not taken place when NUMSA was being asked to give reasons why it should not be suspended or expelled. Why dismiss 340 000 workers from their federation for making a threat?
3. The threat by NUMSA not to pay affiliation fees to COSATU until the Special Congress they had felt was being unreasonably denied was held. But by the time this letter was written, up to the time NUMSA was expelled they were a union in good standing – they never carried out this threat. Why dismiss 340 000 workers because delegates in its congress were playing bargaining games?
4. NUMSA’s threat to cease paying its contributions to the SACP because its congress had felt the SACP was no longer a vanguard for a struggle for socialism. NUMSA was paying this levy until that decision was taken, yet some of the unions pushing for the dismissal of 340 000 workers were many months or even years in arrears. Why would anyone justify dismissing 340 000 for refusal to pay a levy to a political party even if this is an agreed policy? Why not dismiss the people who were actually not paying the levy. What about SASBO whose constitution won’t allow them to pay a single cent to any political party? Will COSATU now insist that workers who want to affiliate must first agree to pay a levy to the SACP?
5. That NUMSA extended its scope. Many will argue that NUMSA erred in not only amending its scope but actually acting on this congress mandate ahead of COSATU implementing a very sound resolution of the 11th National Congress on how the federation should relate to the reality of the fact that the scope adopted in 1985 were hardly relevant, as a result of capitalist restructuring and company mergers or even the developments in the international union space where mergers had actually taken place in recognition of these changes.
But even if NUMSA was wrong, so were all other unions of COSATU who had unilaterally amended their scopes and poached members from other affiliates. The CEC demanded that NUMSA must be made to commit that they will not implement this resolution. The federation from its inception had disputes amongst most affiliates relating to poaching activities. Tensions arose leading to even deaths as a result of counter organising activities. The leadership interested in worker unity knew how to manage these contradictions and tensions. Yet the leadership post-2012 congress had no qualms in dismissing 340 000 workers from the Federation but would not dismiss a lot more unions involved in the same activities of poaching or extension of scopes. Why these double standards?
Our right to appeal has been violated
1. The Special National Congress was held on 13-14 July 2015, at the insistence of the nine unions who for two years insisted that a congress be held to save the Federation from a total implosion. Its purpose was to discuss unity and cohesion of the Federation so that it could be liberated from the state of paralysis that has meant most of the 11th National Congress resolutions not being taken forward. For two years the current leadership faction frustrated this right enshrined in the constitution.
2. From the moment it was called, the Special National Congress was manipulated to ensure that any attempts to discuss the crisis facing COSATU and reverse the expulsion of its biggest affiliate and me were prevented. Effectively the Special National Congress closed the door on the now nearly 380 000 members of NUMSA, as well as all those purged in several affiliates. The very purpose of the congress, to build unity and cohesion of the Federation, was defeated. It takes two to tango! The truth is that the current leadership that unfortunately constitutes a majority are not interested in worker unity.
3. A hearing on my appeal, and that of NUMSA was conducted in our absence. The CEC became the complainants, evidence leaders and jury. In a deliberate and calculated move to undermine my rights, the CEC endorsed a document which was circulated a day before the SNC, giving no one any chance to read it. They aimed not only to discredit NUMSA and me but also to conduct a trial against us in our absence. The statement contained a long section justifying the expulsion of NUMSA and myself, severely prejudiced any appeal we would lodge in the future.
4. Delegates from unions who had initiated the calling of the SNC fought gallantly to challenge the way it was rigged and issued a statement spelling out how this was done, including deciding, with no reference to the constitution or past practice, that votes would be taken by a show of hands. As any true democrat will know, in a meeting of close to 2500 delegates this is not only cumbersome but it is inherently undemocratic, because it opens delegates to reprisals and intimidation. Many would have voted differently in a secret ballot, but knew the inevitable intimidation and disciplinary action if they were seen to be taking an independent line from the leaders
5. The voting question and the procedure were unclear - how to cast a vote (Stand for Yes, Sit down for No and show crossed-hands for Abstain). During voting some were standing, even on chairs and tables and others singing and chanting. Empty chairs were calculated but it is unclear if it was for abstaining or even Yes or No. Biased COSATU staff were scrutineers.
6. From the outset the SNC was manipulated to prevent any challenge to the leadership’s factional views. The membership figures, on which affiliates’ delegations were calculated, were increased to ensure disproportionate numbers for those unions backing the leadership. In some unions delegates were handpicked to ensure there would be a majority of loyal sycophants. ‘Unreliable’ delegates were ruthlessly weeded out.
7. SATAWU even pepper-sprayed delegates from four provinces and threw them out of their caucus meeting; security staff ejected some SATAWU members who made it to the Congress hall.
8. Worst of all was the use of state officials to police the Congress and even conduct the ballot.
The factionalists who tried to manipulate COSATU’s 2012 11th National Congress and whom the delegates punished for doing so, have spent three years spending hours refining their approach and making sure that would never happen again.
Can we receive a fair hearing in “12th National Congress of COSATU”?
1. After engineering this SNC the CEC says now I must make a written presentation to the “normal`` congress. Who in the congress can claim not to have been influenced by that so-called Unity and Cohesion document or by the countless press statements full of misrepresentations of facts all these months before and after I was unfairly and un-procedurally dismissed by the CEC in March 2015?
2. The CEC report to be submitted to the congress says the SNC endorsed my and NUMSA’s dismissal. So why are they then calling someone to make an appeal to the same people sitting in the same structure that has already pronounced you guilty without hearing your side of the story? An appeal to the congress is a complete farce!
3. In fact it is now clear that the whole episode, which saw COSATU divided, emasculated and paralysed over three years was engineered not only be the current leaders but by the state, and its political representatives in the ANC and specifically the SACP, in order to turn it into an obedient appendage of the state.
Where is COSATU Going?
1. COSATU emerged from militant worker action on the ground and was founded on five principles: worker control, non-racialism, paid-up membership, one union one industry – one country one federation and international worker solidarity. In 2012 COSATU and most of its affiliated unions were still vibrant, with strong democratic traditions, though already with signs of stagnation and bureaucratisation, and workers’ control being diluted.
2. In 2015 however systematic purges in the Federation and many unions have severely weakened and sometimes replaced that culture with one of fear and authoritarianism. That is what we are up against in the forthcoming “12th National Congress”? Who I am supposed to be appealing to?
2.1. The SA Municipal Workers’ Union (SAMWU) has expelled 166 of its most effective and politically mature cadres from provincial, regional and branch leaderships, and talented staff, for merely demanding a forensic audit after allegations that R132 million was missing from the union’s accounts. Not one was given a hearing! SAMWU has since fallen deeper into an abyss. Three top officials have been arrested and charged for the same allegations raised by the 166. The GS has been suspended and Deputy GS replaced after the CEC passed a vote of no confidence. Union subscriptions are used to pay bail (R50 000 each of the three officials) of the very people facing allegations of defrauding them millions, and Barry Roux hired at an estimated cost R53 000 a day to defend those arrested.
2.2 POPCRU, representing prisons and police workers, dismissed comrades even before 2012. Its Vice President, Ntombizakhe Mcaba did not even get a hearing. Scores of other shop stewards and leaders were expelled without a hearing for making serious corruption allegations against the union leadership.
2.3 The NUM mineworkers’ union dismissed a number of leaders, often in their workplaces as employees too. Scores of union members have walked away in protest to find a new home outside in other unions such as AMCU.
2.4 Transport union, SATAWU is in turmoil. Scores of workers had been purged. Its KZN elective congress was declared invalid because national leaders did not favour the elected office bearers. The union has faced two splits in three years.
2.5 CEPPWAWU, the chemical, energy and paper union, had not held a national executive committee meeting for four years. The leadership’s term of ended in September 2014 but there has no discussion about when the next congress would be. These undemocratic leaders appointed their own delegates to the SNC, directly undermining the delegates mandated by the regions. The COSATU CEC has not intervened, and instead launched an attack against Department of Labour officials who have correctly intervened in terms of the law. Now even the Minister has sought to intervene in favour of the undemocratic leadership, trying to stop workers re-gaining control of their union in favour of strengthening bureaucratic and business unionist control of the union!
2.6 Teachers union SADTU disbanded its Eastern Cape province and scores of leaders including its president were purged in Gauteng, Free State, North West and KZN. Members of SADTU are now leaving the union.
3. How many of the survivors of all these purges can afford to take an independent position at next week’s Congress? Can they ever be objective? Can they defy the line from the national leaders? Never!
4. All this has led to a procession of breakaway unions, as workers who have been purged or become disillusioned with their leaders have formed new unions. Here are examples of the carnage that is leading to fragmentation of the movement:
AMCU has taken a huge slice of members from the NUM; DEMAWUSA and MATUSA are recruiting purged SAMWU members; SAPSU is building amongst public servants; FUWO has been formed by former members of the Finance Union, SASBO; two splits from SATAWU have emerged - the NTM and now DETAWU, both led by former presidents; a new union has being established for Community Healthcare Workers; purged POPCRU members have tried twice to form new unions which did not gain ground, but now correctional services workers and police are joining SAPSU.
5. The forthcoming congress will be just like the SNC - a farce. Worker unity is going to be the last thing in the minds of the leadership and their largely handpicked delegates or purge survivors.
6. The ruling class has stolen COSATU and many of its affiliates, in a capitalist class offensive to divide and weaken the organised working class. The current COSATU leaders have been pawns in a much bigger conspiracy, though as willing accomplices they are no less guilty.
7. Its aim is in line with the neoliberal free-market policies of the National Development Plan, to enable white monopoly capital to exploit a weaker and more divided union movement, cut wages, outsource more jobs to labour brokers, so as to get even richer and increase their already massive profits.
8. The Federation, once a bastion of integrity and democracy, regarded by large sections of the public for its high moral and political authority has degenerated into a shadow of its former self, captured and manipulated by anti-working class forces. It can no longer claim to have the interests of the working class and poor at the centre of its concerns.
What is the situation facing the working class?
1. We are in a perilous economic and social crisis. Unemployment is destroying a generation of young workers. Chronic levels of poverty are decimating communities, and stunting the development of millions of children. South Africa has the dubious honour of being the most unequal society on earth. While millionaires and politicians buy private jets costing billions of Rands, millions of our people go to bed hungry.
2. At work the bosses can increasingly dismiss whom they want and when they want, employ workers through labour brokers on starvation wages and declare workplaces ‘union-free’ zones. They can ignore demands for a living wage, and gamble with workers’ livelihoods. The manufacturing sector is being run down; in the public sector plans are underway to “right size”, cut wages, and the services to our people. Outsourcing has become a reality for Home Affairs staffers and public works.
3. Never has there been grater need for a strong, united and independent workers’ movement, but we have reached a crossroads. COSATU has been paralysed. It has lost the last fragments of its reputation as a motive force for transformation.
4. We can either stay with those who kow-tow to the ruling elite and the capitalist class, or we can unite the entire working class and poor communities to rebuild a labour movement based on democratic mandates, accountability and mass campaigning. These are the choices we face.
Issued by Zwelinzima Vavi, 19 November 2015
