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SA: Statement by the Federation of Unions of South Africa, calling on President Jacob Zuma to use State of Emergency Act 64 of 1997 to restore peace (13/09/2012)

13th September 2012

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The Federation of Unions of South Africa (FEDUSA) calls on President Zuma to deem just using the State of Emergency Act 64 of 1997 to restore peace, order and stability in certain districts of the mining sector which is affected by killings, violence, intimidation and anarchy. The call should be heed with due caution for the current special circumstances which are jeopardising our democratic principles of sound labour relations.

FEDUSA call on President Zuma to show true statesmanship and leadership during this time of a deepening mining crisis and invoke the provisions of Act No 64 of 1997. The situation is totally out of control resulting in anarchy being created in our mining sector and could easily spill over to other sectors of our economy said Dennis George, FEDUSA General Secretary.

The State of Emergency Act No. 64 of 1997 provide for the declaration of a state of emergency; to empower the President to make regulations in pursuance of any such declaration. The preamble of the Act relates to section 37 of the Constitution of the Republic of South Africa, 1996, Act No. 108 of 1996, which provides that a state of emergency may be declared only in terms of an Act of Parliament, and only when the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency and the declaration is necessary to restore peace and order.

In spite of the announcement of the Judicial Commission of Inquiry, the intervention by the Clergy and the CCMA, which has led to the signing of the Peace Accord by some parties to the dispute, the labour unrest and disruption to the mining operations are continuing which have already affected the credibility and reputation of the country, said the FEDUSA President Koos Bezuidenhout.

Government must provide leadership in order to create a conducive environment for stability and peace. As a result of the deteriorating situation it is pre-empted that it will have a major impact on Government revenue declining, corporate profits plummeting and workers risk losing their jobs, said George.

All parties to the labour dispute have suffered huge losses both in terms of life and income. Workers have died and suffered pay losses; the companies have lost revenue and profits; and Government have lost tax revenue. FEDUSA calls on President Zuma to urgently personally intervene in the situation by convening an urgent meeting with the leaders of organised labour and business to consider steps and measures to bring matters under control. FEDUSA firmly believes that Government has handled the Marikana labours unrest unprofessionally, without consulting with the leaders of business and labour on the highest level.

In addition it is our deduction that the situation is spiralling out of control, because the former leader of the ANC Youth League is fanning the labour unrest situation by going from mine to mine to incite workers to stay away from work and to make unrealistic wage demands. It was also reported in the media that disgruntled soldiers have requested to be addressed on their concerns that they have with the leadership of the defence force, said George. FEDUSA is of the view that government should also consider laying charges of sedition against those found guilty of inciting violence, discontentment and resistance to lawful authority.
 

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