A defining feature of life in South Africa for decades under the apartheid system was the existence of oppressive laws, which became an important source of resistance. Indeed, the organised mass actions and strikes led by COSATU in the 1980s against oppressive labour laws contributed significantly to the emergence of workers as a strong political force to be reckoned with. These political and conscious actions and strikes contributed to ensuring that the democratic South African Constitution guarantees workers’ rights, with the rights afforded to citizens generally applying to workers as well. Some provisions of the Bill of Rights are particularly important and useful in advancing and protecting workers’ rights.
Out of the blood, sweat, toil and sacrifices of the period of resistance, the Labour Relations Act, which provides important guarantees for workers’ rights, was born. It is regarded as a hard-won gain and a historic milestone born out of struggle, not only for workers but for the entire working class of South Africa. Precisely, it provides for the right to fair labour practices, the right to form and join trade unions, and the right to participate in union activities and strikes. It further provides for the registration and regulation of trade unions and employers’ organisations in Part A (Sections 95 and 96), as well as the appointment and functions of the Registrar of Labour Relations in Part C (Sections 108 and 109).
It is therefore our conviction and resolve as NEHAWU to defend the Labour Relations Act with everything we have against any attempt to erode, undermine or reverse this historic and hard-won gain. This is a gain that was secured through decades of struggle, in which countless workers and members of the working class organised, faced imprisonment, endured repression, lost their lives and made enormous sacrifices for the labour rights we enjoy today.
It is within this context that as the National Education, Health and Allied Workers’ Union [NEHAWU], we note the notice by the Registrar of Labour Relations expressing an intention to cancel the registration of the Public Servants Association of South Africa [PSA] in terms of section 106(2B) of the Labour Relations Act [LRA].
As NEHAWU, we want to state upfront our principled position that it should never be easy to deregister a trade union. The right of workers to organise themselves into trade unions, exercise freedom of association and collectively defend their interests is a fundamental democratic and labour right that must be protected.
Deregistration must therefore remain a serious and exceptional measure, subject to due process, clear legal requirements and compelling grounds. At the same time, all organisations registered as trade unions must comply with the Labour Relations Act [LRA], their constitutions and the democratic principles governing the trade union movement.
The Registrar of Labour Relations published a notice in the Government Gazette following the ruling of the Labour Appeal Court, which raised serious concerns regarding the PSA’s compliance with the requirements of the Labour Relations Act. These concerns include whether the organisation meets the definition of a genuine trade union, whether it is able to function in accordance with its own constitution, and whether it complies with statutory requirements governing organisational governance, accountability and conduct.
We do not ordinarily comment on the internal affairs of other trade unions or associations. However, we make an exception in this instance because the intention to deregister the PSA raises fundamental questions about the integrity, credibility and character of trade unions.
As NEHAWU, we are a trade union that strictly adheres to the requirements of the Labour Relations Act and operates within the framework of our Constitution. We exist to represent and advance the interests of workers and the broader working class. We therefore have a direct interest in defending the integrity of trade union movement and ensure that all organisations meant to represent workers comply with the law and uphold the highest standards of organisational democracy and accountability.
Trade unions are organisations of workers, established to defend workers’ rights and advance their interests. They must uphold the highest standards of organisational democracy, transparency, accountability, constitutional compliance and discipline.
We reiterate that all registered trade unions must comply with the Labour Relations Act and demonstrate that they are genuine worker organisations capable of functioning democratically, transparently and accountably.
Equally, the Registrar of Labour Relations must be sensitive to subjective realities of our trade unions by guiding and advising on matters of compliance. While on the other hand, the Registrar must also be allowed and given space to exercise the powers vested in the office without fear or favour and to ensure that the integrity of the trade union registration system is protected.
The union calls on the PSA and the Registrar of Labour Relations to meet and engage constructively on the matter. Such an engagement should seek to clarify the misunderstanding regarding the application and interpretation of the LRA, address the concerns that have been raised and find a way forward that protects the rights of workers and the integrity of the trade union movement. The public spats or engagements on this matter benefits no one rather provides uncertainty to workers as workers deserve trade unions that are accountable to their interests, democratically controlled by workers and governed in accordance with their constitutions and the law as their reliable and true representatives of their aspirations and interests.
NEHAWU will continue to defend the integrity of the trade union movement and will oppose any attempts to undermine the democratic, accountable and worker-controlled character of the trade union movement.
END
Issued by NEHAWU Secretariat.
Zola Saphetha (General Secretary) at 082 558 5968; Welcome Mnisi (1st Deputy General Secretary) at 082 455 2897; Baxolise Mali (2nd Deputy General Secretary) at 066 305 0591 or Lwazi Nkolonzi (NEHAWU National Spokesperson) at 081 558 2335 or email: lwazin@nehawu.org.za