FROM RESISTANCE TO REFORM: 30 YEARS OF THE CONSTITUTION AND THE EVOLVING ROLE OF TRADE UNIONS IN ADVANCING WORKERS’ RIGHTS AND SHAPING THE FUTURE OF WORK

Programme Director, distinguished guests, comrades and colleagues in the labour law fraternity — it is both an honour and a responsibility to stand before you today.

We gather here as lawyers, practitioners, academics, trade unionists and workers’ representatives. We may speak different languages — some of us in legalese, others in the language of the shop floor — but we are united by a common purpose: to ensure that the rights enshrined in our Constitution and our labour laws are not merely words on paper, but living realities in the lives of every working person in South Africa.

Thirty years ago, South Africa made a historic transition. We moved from a system that criminalised the very act of organising workers, to a constitutional democracy that places workers’ rights at the heart of its founding values. That transition did not happen by accident. It was won through decades of struggle, sacrifice and solidarity. And it is that story I want to begin with today.

THE LONG ROAD TO RIGHTS: FROM RESISTANCE TO THE DEMOCRATIC BREAKTHROUGH

To understand where we are, we must understand where we came from. Under apartheid, black workers were not workers in the eyes of the law — they were units of labour, to be exploited and discarded. The right to organise, to bargain collectively, to strike — these were not rights. They were acts of defiance, punishable by imprisonment, dismissal, and worse.

But workers have never accepted their own oppression lying down. As far back as 1920, white mine workers on the Witwatersrand went on strike — fighting for their own interests, yes, but establishing the principle that workers could organise and resist. In 1946, African mine workers launched a massive strike — 70,000 strong — demanding better wages and conditions. The apartheid state crushed it with brutal force. But the spirit could not be crushed.

In 1955, the South African Congress of Trade Unions — SACTU — was formed, linking the labour movement to the broader liberation struggle. SACTU understood what we still know today: you cannot separate the fight for workers’ rights from the fight for human dignity and political freedom.

Then came January 1973 — the Durban strikes. Thousands of workers walked off the job, demanding a living wage. Those strikes shook the foundations of apartheid capitalism and forced the regime to begin, reluctantly, to acknowledge the existence of black workers as economic actors. The Riekert and Wiehahn Commissions followed, and with them, the first tentative legal recognition of black trade unions.

Out of that ferment, in 1985, COSATU was born — a federation that brought together workers across race, sector and region under the banner of one union, one industry, one federation. COSATU did not just organise workers. It became a political force that helped bring apartheid to its knees.

The 1987 mineworkers’ strike — led by the National Union of Mineworkers — was one of the most significant industrial actions in our history. Three hundred thousand workers downed tools for three weeks. It was a demonstration of organised labour’s power that the world could not ignore.

And then, in 1994, came the democratic breakthrough. But comrades, 1994 was not the end of the struggle. It was the beginning of a new phase — the phase of translating political freedom into economic and social justice. That is the phase we are still in today.

THE 1996 CONSTITUTION: WORKERS’ RIGHTS AS FUNDAMENTAL RIGHTS

The 1996 Constitution is not just a legal document. It is a covenant between the people of South Africa and the state — a promise that the indignities of the past will never be repeated. And COSATU played a direct role in shaping it.

Our affiliates and federation leadership sat in the Constitutional Assembly. We fought for Section 23 — the right to fair labour practices, the right to form and join trade unions, the right to strike. We fought for Section 9 — equality. For Section 10 — human dignity. For Section 27 — the right to social security. These are not abstract principles. They are the constitutional armour of every worker in this country.

The Constitutional Court has repeatedly affirmed these rights. In NUMSA v Bader Bop, in SATAWU v Garvas, in Association of Mineworkers and Construction Union v Chamber of Mines — the courts have had to grapple with the tension between workers’ rights and employers’ interests. Sometimes we have won. Sometimes we have lost. But the Constitution remains our foundation.

THE LABOUR RELATIONS ACT: COLLECTIVE POWER AND ITS LIMITS

The Labour Relations Act of 1995 was a landmark achievement. It gave legal force to collective bargaining, protected the right to organise and strike, established the CCMA and the Labour Court, and created a framework for resolving workplace disputes. For the first time in our history, workers had a legal architecture that recognised their collective power.

But let us be honest with each other in this room. The LRA has not always delivered on its promise. Employers — particularly in the private sector — routinely undermine collective bargaining. They use labour brokers and fixed-term contracts to fragment the workforce and weaken union density. They delay arbitration proceedings. They ignore bargaining council agreements. They dismiss workers for organising.

COSATU’s affiliates fight these battles every day — in the CCMA, in the Labour Court, on the picket line. And we are calling for reforms. We are calling for increased severance payments that reflect the true cost of job loss to workers and their families. We are calling for the extension of LRA protections to atypical workers — the gig workers, the platform workers, the labour broker employees — who currently fall through the cracks of our labour law framework. Every worker, regardless of the form of their employment, must have the right to organise, to bargain collectively, and to strike.

One of our glaring failures has been to ensure that the BCEA Annual Income Threshold upon which many of our hard won rights as workers keeps pace with inflation.  It is critical that the National Minimum Wage Commission and the Minister for Employment and Labour correct this massive gap undermining the fundamental rights of so many workers.

THE BASIC CONDITIONS OF EMPLOYMENT ACT: THE FLOOR BENEATH EVERY WORKER

The Basic Conditions of Employment Act sets the floor — the minimum standards below which no employer may go. Paid maternity leave. Parental leave. Paid overtime. Annual leave. Public holidays. These are not luxuries. They are the basic conditions of a dignified working life.

Yet every day, workers — particularly in the informal economy, in domestic work, in agriculture — are denied these rights. Employers falsify records. They pay workers in cash to avoid paper trails. They intimidate workers who complain. And when workers do refer cases to the CCMA, they often face a system that is under-resourced and overwhelmed.

COSATU’s shop stewards and organisers are on the ground, helping workers navigate these systems. But we need a stronger state — more inspectors, more resources, more political will — to enforce the law.

OCCUPATIONAL HEALTH AND SAFETY: THE RIGHT TO COME HOME ALIVE

The Occupational Health and Safety Act and the Mine Health and Safety Act represent a fundamental principle: every worker has the right to go to work and come home alive. This seems obvious. But for too long, in too many workplaces, it was not a reality.

In 1994, more than one mineworker died every single day in South Africa’s mines. Today, that figure has fallen to less than one death every ten days. That is progress — real, measurable progress — achieved through the combined efforts of unions, the state, and responsible employers. But one death every ten days is still too many. Every fatality is a family destroyed, a community bereaved.

We are calling for amendments to the OHS Act that give workers the explicit right to refuse dangerous work without fear of dismissal or victimisation. COVID-19 showed us exactly why this matters. When the pandemic hit, workers in essential services were told to report to workplaces that were not safe. Workers needed the legal protection to say: ‘No. Not until this workplace is safe.’ That right must be enshrined in law.

THE NATIONAL MINIMUM WAGE: RAISING THE FLOOR FOR THE MOST VULNERABLE

The National Minimum Wage Act, introduced in 2019, has been one of the most significant labour market interventions of the post-apartheid era. It has directly benefited approximately six million workers — the most vulnerable, the least organised, the most exploited. Farm workers. Domestic workers. Security guards. Retail workers.

But the NMW is under threat. The Quantum Foods Labour Court judgment opened a dangerous loophole, allowing employers to make deductions that effectively undercut the minimum wage. We are calling for legislative amendments to close that loophole and protect the integrity of the NMW.

We are also calling for the extension of NMW coverage to atypical workers — including actors, artists and performers — who are currently excluded. Work is work. If you labour, you deserve a living wage.

UNEMPLOYMENT INSURANCE: A SAFETY NET THAT MUST HOLD

The Unemployment Insurance Fund provides a critical lifeline to workers who lose their jobs, or who are on maternity, parental or adoption leave. During COVID-19, the TERS benefit demonstrated what the UIF can do when it is properly resourced and politically prioritised.

But workers continue to experience serious challenges in accessing their UIF benefits. Delayed payments. Bureaucratic obstacles. Employers who fail to register workers or pay contributions. We are calling for amendments to improve benefit levels, extend coverage, and streamline the claims process. A safety net that workers cannot access is no safety net at all.

COIDA: JUSTICE FOR THE INJURED AND THE BEREAVED

The Compensation for Occupational Injuries and Diseases Act provides compensation to workers injured at work or to the families of workers who die on the job. In principle, it is a just and necessary system. In practice, it is plagued by delays, administrative failures, and a backlog of claims that leaves injured workers and grieving families waiting for justice that never comes.

We call on the Department of Employment and Labour to urgently address the administrative failures in the COIDA system. Workers who are injured in the service of the economy deserve prompt, fair and dignified compensation.

EMPLOYMENT EQUITY: OPENING DOORS THAT WERE SLAMMED SHUT

The Employment Equity Act has been a critical instrument in transforming South Africa’s workplaces. It has opened doors — in management, in the professions, in the boardroom — that were slammed shut to black workers, women and people with disabilities under apartheid.

But progress has been uneven, particularly in the private sector. Too many companies treat EE compliance as a tick-box exercise rather than a genuine commitment to transformation. The recent amendments to the EEA, introducing sector-specific numerical targets, are a step in the right direction. But enforcement must be strengthened, and the culture of compliance must be driven from the top of every organisation.

SKILLS DEVELOPMENT: INVESTING IN THE WORKERS OF TODAY AND TOMORROW

The Skills Development Act and the SETA system were designed to ensure that South Africa’s workers are continuously trained and upskilled — that they can grow in their careers, adapt to changing technologies, and contribute to economic growth. The principle is sound. The implementation has been deeply disappointing.

Corruption in the SETAs is a cancer that is eating away at the skills development system. Billions of rands that should be training workers are being looted. This is not just a financial crime — it is a crime against the future of South Africa’s working class. We demand accountability, clean governance, and a fundamental reform of the SETA system to ensure that levy funds actually reach workers and training providers.

LABOUR MARKET INSTITUTIONS: CCMA, LABOUR COURTS AND LABOUR INSPECTORS

The CCMA and the Labour Court are the frontline institutions of workers’ rights. Every year, hundreds of thousands of workers turn to the CCMA for relief — for unfair dismissal, for unfair labour practices, for disputes about wages and conditions. The CCMA is a remarkable institution. But it is under severe budget pressure, and its capacity to deliver timely justice is being eroded.

Labour inspectors are the enforcement arm of our labour laws. Currently, South Africa has approximately 2,000 labour inspectors — a wholly inadequate number for an economy of our size and complexity. The Department of Employment and Labour has committed to increasing this number to 32,000 by 2029. We welcome that commitment and will hold the government to it. We also call for labour inspectors to check pension fund compliance — a critical gap in current enforcement — and to work in partnership with unions and shop stewards, who are the eyes and ears of the labour movement on the shop floor.

NEDLAC — the National Economic Development and Labour Council — remains a vital institution for forging consensus on labour market reforms. It is through NEDLAC that COSATU has engaged with government and business to shape the laws we have been discussing today. We call for NEDLAC to be strengthened and for its processes to be used more effectively to identify and close gaps in our labour law framework.

THE CHANGING NATURE OF WORK: RISKS, OPPORTUNITIES AND THE ROAD AHEAD

Comrades and colleagues, the world of work is changing faster than at any point in human history. Artificial intelligence, automation, platform work, the gig economy — these are not distant threats. They are already reshaping South African workplaces.

The risks are real. Automation threatens jobs in manufacturing, mining, transport and services. Platform work is creating a new class of workers who are classified as independent contractors but who work under conditions of economic dependence that are indistinguishable from employment. If we do not act, we risk a race to the bottom — a world in which the hard-won rights of the past thirty years are eroded by the logic of the algorithm.

But there are also opportunities. New technologies can create new jobs, new industries, new forms of value creation. The question is: who benefits? If the gains of technological change flow only to capital, while the costs are borne by workers, we will have failed. Our task — as unions, as labour law practitioners, as policymakers — is to ensure that the future of work is a future that works for workers.

South Africa must invest massively in skills development and training — not just for the jobs of today, but for the jobs of tomorrow. Green energy, digital infrastructure, advanced manufacturing, care work — these are the sectors of the future. Workers must be equipped to participate in them.

EMPOWERING UNIONS: FROM THE OFFICE BEARER TO THE SHOP STEWARD

None of this is possible without strong, capable, well-resourced trade unions. COSATU’s affiliates are the primary vehicle through which workers exercise their rights. But unions can only be effective if their leaders — from the most senior office bearer to the newest shop steward — understand the law, know their rights, and have the skills to enforce them.

We must invest in the education and training of union officials and shop stewards on labour law. A shop steward who knows the LRA, the BCEA, the NMW Act — who can walk into a CCMA hearing or a disciplinary inquiry with confidence — is worth more to workers than any number of legal opinions. We must make every shop steward a frontline enforcer of workers’ rights.

And we must be on the ground — organising, recruiting, servicing workers. The decline in union density in South Africa is a serious concern. As the economy changes, as new forms of work emerge, unions must adapt. We must organise the unorganised — the gig workers, the platform workers, the informal economy workers. We must build bridges across sectors and across federations. The divisions within organised labour are a luxury we cannot afford.

UNITY: THE UNFINISHED BUSINESS OF THE LABOUR MOVEMENT

Which brings me to my final point. The greatest challenge facing organised labour in South Africa today is not the employer. It is not the government. It is ourselves.

A divided labour movement is a weakened labour movement. When unions compete with each other for members rather than cooperating to advance workers’ interests, it is the workers who lose. When federations are at war with each other, employers exploit the divisions. When we allow political differences to fracture our solidarity, we betray the legacy of those who built this movement.

COSATU remains committed to the unity of organised labour. We call on all federations, all unions, all workers’ organisations to find common ground — on the minimum wage, on labour law reform, on the future of work. We do not need to agree on everything. But we must stand together on the fundamentals.

“An injury to one is an injury to all.” That is not just a slogan. It is the founding principle of the trade union movement. It is as true today as it was in 1985 when COSATU was formed. It will be true in 2054 when we celebrate sixty years of democracy.

CONCLUSION

Programme Director, thirty years ago, South Africa made a promise to its workers. A promise written in the Constitution, enacted in our labour laws, and defended every day in the CCMA, the Labour Court, and on the shop floor.

That promise has been partially kept. We have built a labour law framework that is the envy of the developing world. We have reduced mine fatalities. We have introduced a national minimum wage. We have opened doors that were once closed. We have given workers a voice in the governance of their workplaces and their country.

But the promise is not yet fully kept. Too many workers still earn poverty wages. Too many are denied their basic rights. Too many are injured or killed at work. Too many fall through the cracks of a system that was designed to protect them. Too many are being left behind by a changing economy that does not yet have a place for them.

Our task — the task of this summit, the task of the labour movement, the task of every labour law practitioner in this room — is to close the gap between the promise and the reality. To ensure that the rights in our Constitution are not just rights on paper, but rights in practice. Rights that workers can feel in their pay packets, in their working conditions, in their dignity.

The struggle continues. The workers are watching. And COSATU will not rest until every working person in South Africa can say, with confidence: ‘I know my rights. I have my rights. And no employer, no government, no algorithm will take them from me.’

Amandla! Awethu!
An injury to one is an injury to all!