South Africa has a Labour Relations Act (LRA) which was enacted to change the law governing labour relations in the country. Its (LRA) primary objective, inter-alia, is to regulate trade unions by providing for the organisational rights that ensure employees can join and participate in union activities without discrimination. It also provides simple procedures for resolving labour disputes through statutory conciliation, mediation, and arbitration; thus, it established the CCMA.

In this case, the NUM has legally satisfied the requirements of the LRA in terms of seeking organisational rights and should be conferred with the necessary rights as contained in the Act. However, Impala Triple M, in its quest to defend the rights of a rival union, are doing everything in their power to frustrate the NUM and refuse it what legally belongs to it.

The CCMA did provide a verification report that confirmed that the NUM exceeded the required 40% threshold as per an existing collective agreement. What the CCMA should have done now is to enforce compliance on the employer’s side.

As COSATU in the North-West province we are appalled that the indecisiveness of the CCMA happened a day before we celebrated the International Workers’ Day. This came as a real slap on the face of workers and a failure of the CCMA to defend the rule of law and gave courage to an unscrupulous employer such as Impala Triple M, so they can continue to undermine the rule of law.

COSATU has always maintained that there are employers who are held bent on attacking collective bargaining and undermining labour legislation. The attitude of Impala Triple M towards the NUM in the matter involving organisational rights vindicates us.

We call on Impala Triple M to desist from their schemes informed by contemptuousness for the labour laws of our country and deep resolve to divide workers based on their constitutionally enshrined right of freedom of association.

We equally call on all our Affiliates, our Alliance partners in the province and progressive civil society organisations to join us in rallying behind the plight of the NUM and force Impala Triple M to respect our hard won labour rights as we send a clear message to other unscrupulous employers out there that we will not tolerate them to trample on our hard fought for and constitutionally enshrined rights. Now is the time to UNITE and DEFEND our RIGHTS as workers and the working class.

To the workers and members of the NUM at Impala Triple M and workers in the platinum belt, the mining sector, as well as other economic sectors, know that you are not alone. Your Federation is here as your SHIELD!

For more information, please contact the COSATU North-West Provincial Secretary, Kabelo Kgoro on 067 410 4696.