Issued by the Ministry of Labour
20 March 2000
The Ministry of Labour has rejected as "completely inaccurate and without any foundation in reality", a report by Frank Nxumalo in the Business Report of 20 March 2000 headlined "Mdladlana urges unions to strike".
The false report is particularly damaging at a time when government has been concerned to promote labour market stability, which is regarded as an important factor in promoting much-needed investment and growth.
The Minister of Labour has repeatedly called for labour market peace and stability and has pointed to the negative impact of unprocedural strike action on the country's ability to attract investment, sustain economic growth and improve job creation. He has consistently challenged labour and business to build cooperative labour relations and to make every effort to resolve disputes without resorting to strike action.
The Minister is on record as having expressed concern over Cosatu's intention to proceed with a general strike on 10 May and warned that it would be counter-productive.
In a media statement on 23 February 2000, the Minister said the planned general strike both pre-empted and threatened to undermine the good faith demonstrated by all stakeholders in addressing concerns in a constructive and non-confrontational manner. He said it was difficult to see how the protest action could contribute to achieving the national goals of labour relations stability and improved economic growth, investment and job creation prospects in the country.
The Minister's address at the Worker Rights are Human Rights event in Germiston on 17 March was consistent with this approach. The event was aimed at raising awareness of worker rights in terms of new labour legislation in order to ensure its effective implementation, with a particular focus on the Employment Equity Act.
The Minister pointed out that worker rights had been entrenched in the law and challenged workers and their unions to ensure that these rights were indeed effected in the workplace.
He placed a strong emphasis on workers' role in removing discrimination in the workplace and in ensuring workplace equality and said that strong unions would be necessary to achieve this.
The entire thrust of the Minister's address stands in direct opposition to the journalist's claim that the Minister urged support for strike action. This is confirmed by an article on the same address in the Sowetan, by Mzwakhe Hlangani, headed "Mdladlana challenges unions".
The Minister at no time called on workers to support Cosatu's 10 May general strike or any other strike action. He in fact called on shopstewards to tell other workers about the law. He called on them to ask management to make information about the law available and to run information and training sessions as required in the Code of Good Practice on the implementation of the Employment Equity Act.
On the issue of Cosatu's demand for an amendment to section 189 of the Labour Relations Act (LRA), the Minister reiterated his earlier statements that Cosatu and other social partners had been directly involved in formulating the LRA which had been passed by the country's first democratic parliament.
The Minister explained that as a result of the recent review of labour legislation, which had once again included consultations with Cosatu and other social partners, certain unintended consequences within the LRA and the Basic Conditions of Employment Act had been identified. This included Cosatu's concerns relating to Section 189 of the Act and job losses. The Minister said that these would be addressed through the introduction of legislative amendments. Cosatu and other social partners would once again be involved in this process through negotiations in the National Economic, Development and Labour Council (Nedlac).
In direct opposition to an approach involving strike action, the Minister placed a strong emphasis on discussion, negotiation and a constructive process of engagement in addressing concerns.
"Let's open the debate. Let's talk about it," the Minister said at the Worker Rights event.
Contact:
Annette Griessel
Tel: 012 309 4788
Cell: 082 887 3581