political resolutions -...
TRANSCRIPT
Book 4
Part Two
New Version of Consolidated Resolutions from Unions
Proposals from Resolutions Committee as at the 5th August 2018
1 | P a g e
2 | P a g e
3 | P a g e
Contents1. Political Resolutions.......................................................................................................................7
1.1. The Global Balance of Forces: SADTU, NEHAWU...................................................................7
1.2. National Democratic Revolution (NEHAWU/SADTU).............................................................9
1.3. The SACP, state and popular power (SADTU, NUM & NEHAWU)........................................10
1.4. Radical Reconfiguration of the Alliance (SADTU/NEHAWU/CWU).......................................12
1.4. 2019 National General Elections (NUM; SADTU & NEHAWU)..................................................13
1.6. Civil Society: SACTWU...............................................................................................................14
2. Socio – Economic Resolutions......................................................................................................14
2.1. New growth path for a sustainable economic development - by RC to be adopted by an affiliate.............................................................................................................................................14
2.2. State owned companies, privatisation and governance: NUM ...........................................21
2.3. Renewable energy Independent power producers : NUM..................................................22
2.4. The 4th Industrial Revolution & the Future of Work (SADTU/SASBO)...................................24
2.5. Outsourcing and in sourcing: NUM......................................................................................25
2.6. National Health Insurance and the Transformation of the Healthcare System: NEHAWU/SAMATU/NUM/DENOSA.................................................................................................26
2.7. The Right to Strike and the Obligations of Employers: SASBO.............................................29
2.8. Definition of retrenchment and Retrenchment severance packages: NUM........................31
2.9. CCMA, Labour Court: sponsored by CWU and Resolutions Committee recommended refining the resolution and the inclusion of NEDLAC- SACCAWU /CWU ( still to have them agree)...
.............................................................................................................................................32
2.9.1. Labour Court................................................................................................................32
2.9.2. NEDLAC........................................................................................................................33
2.10. Capacity Building Training & Development : NUM..........................................................33
2.11. The Mandate of SETAS on the impact of the fourth Industrial Revolution: SASBO..........34
2.12. Transformation : NUM.....................................................................................................35
2.13. Free Post-Schooling Education: NEHAWU.......................................................................36
2.14. Public servants and the spirit of volunteerism- The “Thuma Mina” philosophy: SADTU. 38
2.15. The adequate resourcing of public institutions and the strict management of the resources: SADTU............................................................................................................................39
2.16. Safety Of Public Servants : SADTU...................................................................................40
2.17. Protecting Public Institutions/ Infrastructure : SADTU.....................................................40
2.18. Jobs and Bogus co-operatives: SACTWU..........................................................................41
4 | P a g e
2.19. ICT Industry Regulation: CWU.........................................................................................42
2.20. On Spectrum Allocation: CWU.........................................................................................44
2.21. Broadcasting: CWU..........................................................................................................45
2.22. Cybercrime and cyber security: CWU..............................................................................46
2.23. High Data Costs (CWU/SADTU)........................................................................................46
2.24. Pension Funds: CWU........................................................................................................47
2.25. The Land Question (CWU, SADTU & SACTWU)................................................................48
2.26. The tax regime of the country: SADTU res 2.30 & NUM res 2.7......................................49
2.27. On taxation of the OTT’s : CWU.....................................................................................50
2.28. BRICS Development Bank: SADTU...................................................................................52
3. Organisational Resolutions..........................................................................................................53
3.1. Building COSATU Organisational Machinery (Organisational Renewal) :NEHAWU..............53
3.2. The future of COSATU : SACTWU........................................................................................55
3.3. Unity, Growth, And Consolidation : NUM............................................................................55
3.4. Review of Scopes, Implementation of Mergers and Strengthening of Policy On pouching :NEHAWU.........................................................................................................................57
3.5. Proposed resolution on the affiliation fees formula: SACCAWU.........................................58
3.6. Building of Local Leadership: SADTU...................................................................................60
3.7. Reaffirming the ideological independence of COSATU and self-funding of activities: POPCRU and SADTU........................................................................................................................60
3.8. Proposed Amendments from Constitutional review committee and further submissions by Affiliates...........................................................................................................................................62
Background..................................................................................................................................62
Reasons for amendments............................................................................................................62
3.8.1. Proposed amendments....................................................................................................63
3.8.1.1. Re-introduction of EXCO..........................................................................................63
3.8.1.2. Reducing the number of delegates to provincial congress......................................63
3.8.1.3. Processing of National Congress resolutions...........................................................63
3.8.1.4. Nomination for election of office bearers...............................................................64
3.8.1.5. The effect of a transfer of a COSATU elected office bearer from one affiliate to another affiliate...........................................................................................................................64
3.8.1.6. Minimum membership threshold............................................................................65
3.8.1.7. Weighted voting electoral system............................................................................65
3.8.2. Other constitutional issues raised by the Committee in the context of the above discussion........................................................................................................................................65
5 | P a g e
3.8.2.1. Filling of vacancies at PEC level................................................................................65
3.8.2.2. Term of office...........................................................................................................66
3.8.2.3. Decision making in the CEC and PEC’s......................................................................66
3.8.2.4. Form of voting..........................................................................................................67
3.8.2.5. Absence of a provincial shopsteward council..........................................................67
3.8.2.6. COSATU FINCOM......................................................................................................67
3.8.2.7. Provincial congress...................................................................................................67
3.8.2.8. Suspension of an office bearer.................................................................................68
3.8.2.9. Gender structure......................................................................................................68
3.8.3. Autonomy of affiliates..................................................................................................72
3.8.4. Resolutions of the COSATU 1st Central Committee Held on the 19 - 21 November 2001 At Essepark - Kempton Park on cosatu intervention in the affiliates...........................................73
3.8.5. The resolutions submitted by affiliates extracted from Book 4 of the 2018 congress documents. Resolutions 4.6 to 4.14................................................................................................74
3.8.5.1. Character Of The Federation - Legal Status : POPCRU and SADTU...........................74
3.8.5.2. Strengthening the leadership capacity of COSATU and redefining the POWERS & DUTIES OF NOBS & POBS : POPCRU/ SADTU/CWU......................................................................75
3.8.5.3. Term of office: CWU/POPCRU..................................................................................76
3.8.5.4. Building Organisational Capacity at the Provincial Level : POPCRU/SADTU/SACCAWU.........................................................................................................77
3.8.5.5. Autonomy of affiliates & the responsibilities of the federation: SADTU..................78
4. International Resolutions.............................................................................................................78
4.1. International affiliation : CWU............................................................................................78
4.2. Draft Consolidated Resolution On International Solidarity- Resolutions Committee...........79
4.3. Swaziland : NEHAWU...........................................................................................................86
4.4. On Palestine by RC..............................................................................................................86
4.5. Palestine : SADTU, NEHAWU...............................................................................................87
4.6. On Venezuela - IRC..............................................................................................................88
4.7. Venezuela :NEHAWU...........................................................................................................88
4.8. On Zimbabwe.......................................................................................................................89
4.9. On Cuba - IRC......................................................................................................................90
4.10. Reaffirming support for the Cuban Revolution: POPCRU ( REPEATED PLEASE TALK........90
4.11. Cuba : NEHAWU...............................................................................................................93
4.12. On Western Sahara - IRC..................................................................................................94
4.13. Western Sahara : NEHAWU.............................................................................................94
6 | P a g e
Part THREE – International Policy Considerations and Special Insertions:.......................................95
4.14. On the Africa Continental Free Trade Area (ACFTA) –.....................................................95
4.15. On a Legally Binding Global Treaty on Business and Human Rights with special regard to Multinational Companies (MNCs)....................................................................................................96
4.16. On BRICS Trade Union Forum (BTUF) as a force for social justice, decent work and inclusive development.....................................................................................................................99
4.17. On Peace building in Africa – the Eritrea-Ethiopia and South Sudan Peace Processes and their concrete meaning for the whole continent and progress in general –.................................100
4.18. On Migration and the crisis of under-development in Africa.........................................100
4.19. COSATU IR Capacity needs and resources.....................................................................101
7 | P a g e
1. Political Resolutions
1.1. The Global Balance of Forces: SADTU, NEHAWU
(CONSOLIDATION OF 3 RESOLUTIONS including SADTU-BRICS, NEHAWU International situation)
Noting:
a) The assessment of the political report on the international balance of forces.b) That it is in the interest of COSATU to maintain an objective and correct
projection of the international balance of class and political forces to inform our strategies and tactics in the work of the federation.
c) That the world crisis of the capitalist system continues, accompanied by the bankruptcy to find solutions and furthermore the crisis is leading to intense rivalries, including inter-imperialist competition amongst the big world economic powers, forcing them to adopt more reactionary and protectionist trade policies.
d) The election of Donald Trump as the president of the United States is linked to the crisis of the system and is an expression of a dangerous right-wing turn in global politics with racism, ultra-nationalism, xenophobia and neo-fascism on the rise.
e) That in the light of the crisis, African countries are coordinating trade and economic integration efforts, mainly with the Africa Continental Free Trade Area agreement as one initiative.
f) That the rating agencies are increasingly used by Western imperialist countries as instruments of economic subversion of the BRICS and other emerging economies.
Recognising:
a) The need for on-going debates around the complex and fast-changing international environment.
b) That imperialism represents the main contradiction in the world today.
c) Economic integration is critical for Africa and can offset the scramble for the continent’s resources and strengthen inter-Africa trade and the position of the continent as well as increase beneficial and strategic partnerships.
We therefore resolve to:
8 | P a g e
1. Strengthen our analysis on the character of the international situation with the following:
a. Appreciating the current phase in the development of world capitalism as the imperialist globalisation phase.
b. That amongst the main features of this phase are the following: The enormous expansion and accumulation of capital; That international finance capital is the main driver on the process of
accumulation of capital; Despite its deep crisis, capitalism has preserved the neoliberalism as
the overall ideological framework for this order. That the crisis of neoliberal capitalism is generating stiff working class
resistance in defence of their interests and against attacks directed against it.
As a way of responding to this resistance, imperialism and the ruling class are forced to intensify capitalist exploitation and oppression thus creating a rightward political shift which manifests through the emergence of racist, neo-fascist, xenophobic, racist and other bigoted social and political forces.
c. African countries should place the natural resources of the continent such as land, minerals, marine resources and infrastructure development programs - for the benefit of their population and actively fight against illicit financial flows.
d. To revive the call for the immediate cancellation of the African debt; the socialization of the main means of production; the drastic reduction of military expenditures, improvement of the life expectancy and elimination of social inequality and discrimination, creating dignified employment for the poor, the unemployed and the immigrants; guarantee of access to portable drinking water, the creation of safe, quality housing for working families, the nationalisation of African land; to stop the export of waste into Africa; to preserve our environment and the ecosystem to prohibit harmful waste imports; to end the cultivation of genetically modified organisms (GMO’s); prevention and control of infections.
e. That although rating agencies should largely be ignored in the interest of sovereign and progressive economic policies , the BRICS development bank should expedite the establishment of its own rating agency to monitor economic performance and limit obstacles to growth as well as to counter the propagandistic western rating agencies with scientific economic data and analysis.
f. To work with the SACP in convening an international seminar on imperialism including the convening an annual workshop to discuss the international balance of forces.
9 | P a g e
1.2. National Democratic Revolution (NEHAWU/SADTU)
Noting:
That the National Democratic Revolution (NDR) remains our theoretical guide to practical action geared at resolving the combined class, racial and gender oppressions borne by the majority of our people, the working class in particular.
That the theory of the national democratic revolution as a perspective of transition continues to be contested by different class forces that make up the progressive movement for change.
The urgent need for the working class to reassert its influence and interests on both the content and trajectory of the national transformation project.
Believing:
That the current trajectory of the NDR hegemonised by the class forces driving the Neoliberal perspective and narrow nationalistic interests has perpetuated the subjugation of the people in general and working class in particular.
That the working class remains the social class that is the primary motive force of the NDR and the only guarantor of its victory.
That the class forces driving the Neoliberal perspective and narrow nationalistic interests constitute a stumbling block in our struggle to re-orientate the trajectory of the democratic transition towards fundamental transformation.
The National Democratic Revolution which requires inter-class alliances is still the most scientific and the shortest route to socialism.
The working class, under the leadership of the federation, should continue to work hard in order to assert its hegemony in the National Democratic Revolution. In this regard, workers and working class shall be mobilise to take full responsibility for the NDR.
Resolving:
That the federation must defend and pursue the NDR within a proper working class perspective and orientation different from other contending classes.
That the federation should develop an ideological and political programme to educate its members and the working class in general in order to highlight monopoly capital as a primary strategic adversary of the NDR.
That the Narrow Nationalist and petty bourgeoisie perspective of the NDR must be rejected as it continues to be a stumbling block in the progressive trajectory of the NDR. In this regard, the federation working with the SACP should develop an educational programme targeting its members and the working class as a whole to understand that the NDR is our revolutionary theory which must be regarded as a direct route to socialism.
10 | P a g e
Workers under the leadership of the federation and working class under the leadership of the SACP must continue to work very hard to assert its hegemony in the National Democratic Revolution as an integral of taking full responsibility for the NDR.
That the federation must vehemently reject the conservative perspective which seeks to position the NDR as a class neutral project devoid of contending class interests.
1.3. The SACP, state and popular power (SADTU, NUM & NEHAWU)
Noting that:
2. Marxism-Leninism on the question of state power argues that it is the central question of any revolution as expressed in the State and Revolution (1917) by Lenin, like any revolutionary political party, the SACP therefore is legitimately interested in state power hence the context of state power is important with regard to whether it is for strategic or tactical purposes.
3. Marxist-Leninist point of view, as a central question of the revolution, the question of state power is primarily a strategic issue – normally conceived as the overall strategic objective (a bridgehead and precondition for socioeconomic transformation), and typically in the process of the ongoing struggle it is matter that is in the medium to long-term horizon.
4. The debate within the SACP on the question of the SACP and state-power has unfortunately been posed in misguided fashion, lacking ideological content and even the consideration of the SACP’s own SARS. Through this approach the discussion may be a generalisation but on the whole it is about the idea that the SACP must independently participate in elections, and in this regard some comrades genuinely hope that this is how the NDR could be rescued.
5. The SACP has not as yet conducted a scientific study and analysis on its readiness to contest state power through an electoral platform as per its 14th congress resolution.
6. The SACP is engaging on a discussion to reconfigure the alliance and to simultaneously work on building a broad left popular front.
7. COSATU has a standing resolution to support and help build the SACP.
Believe that:
a) State power sharply arises as an immediate issue at a particular moment, that’s when the combination of the objective conditions and subjective capacity of the revolutionary forces and their social base are in alignment, therefore a concrete potential and possibility for the revolutionary seizure of power realistically exist.
11 | P a g e
b) In other words, this would be a revolutionary situation, generally characterised by Lenin as when the masses of people are in historic motion – making themselves a real movement, restless, in revolt and ready for a proletarian and vanguard leadership by a revolutionary party; and when the ruling class is desperately clinging to power, is divided around its response and solutions, and no longer able to rule in the same way (State and Revolution, 1917). The tasks of the moment, strategy and tactics must coalesce and cohere around this strategic objective in the immediate moment.
c) The role of the Party (the tasks of the moment, strategic and tactics) is to capitalise on this objectively revolutionary situation by mobilising, propagating revolutionary ideas, leading and using this combative subjectivity and agency of the masses to make the revolutionary ideas to become an objective reality, (to act as a catalyst to actualise its revolutionary ideas) - to make the rebellion turned into a revolution and successfully defended.
d) Whilst the debate continue to rage, ultimately COSATU’s position on the current discussions regarding the SACP taking part in elections must be guided by concrete and scientifically developed information and assessment indicating the SACP’s state of readiness.
e) Due to the shared strategic goal for socialism and Marxist-Leninist theory developed over years in building our socialist axis, for COSATU the SACP would be a natural choice in the event of a conclusive decision on contesting election is taken.
f) The SACP has a responsibility to engage COSATU on its current position on the question of state power and popular power, and the discussions on a reconfiguration of the Alliance.
Resolve that:
COSATU must theoretically engage the SACP’s strategic perspective whether it seems to favour revolution over reform and the relationship between one as strategy and the other, a tactic, with the two often integrally linked. But in the current debates and context, how best can the overall long-term ideological goal of revolutionary state power (proletarian state power) for socialism be unambiguously located and articulated as central to Party strategy.
COSATU should recognise and appreciate that the SACP has taken a resolution to contest State Power through electoral system and therefore engage within the context that in the struggle for socialism state power is inherent and inevitable as regarded as a necessary platform to ensure hegemony of the working class at the centre of the state which must act on its behalf in term of ownership, control and distribution of means of production to society.
COSATU must immediately meet the SACP to encourage it to fully implement its resolution regarding consultation with working class formations which places an
12 | P a g e
immediate task to engage the federation towards the support of this important resolution. In addition, COSATU should work together with the SACP in building a popular left movement through a joint political programme which largely must be about mobilising the working class around its revolutionary theory. In this regard, both COSATU and SACP must develop a joint massive ideological programme as an integral part of intensifying class consciousness.
COSATU must encourage the SACP to finalise the modalities and also convene the Party’s Special National Congress to firmly take a conclusive view on the State Power. Once the SACP is firm and clear at what point would it contest State power through electoral system, COSATU should convene its special national congress to determine its support to the SACP resolution.
In the meantime, COSATU should reaffirm its position to support the African National Congress (ANC) in 2019 national general elections while working with the SACP in building a popular left movement through a joint programme to mobilise the working class around its resolution and theoretically clarify its revolutionary basis.
COSATU must appoint a political task team to investigate the possibility of the Party contesting the elections at any level of the government. The COSATU team must include representative from the South African Communist Party.
1.4. Radical Reconfiguration of the Alliance (SADTU/NEHAWU/CWU)
Noting That:
a) As COSATU we have in previous congresses recognised the dysfunctionality and paralysis afflicting the Alliance and the related crisis of disunity and incoherence caused by the strategic rupture around the course of the NDR and in which other components of the Alliance have become mainly useful to the ANC for election campaigns.
Believing That:
a) The subjective weaknesses of the ANC-led Alliance, which have been aggravated by open factional battles in the ANC, degenerate and alien organisational practices unevenly afflicting the Alliance formations, and the effects of the recent period of paralysis and divisions experienced by COSATU, have eroded confidence and caused disillusionment amongst sections of the broad masses of our people.
b) The Alliance remains relevant based on the persistent objective reality characterised by the contradictions of our society.
c) Whilst its core constituency remains the working class and rural poor, the leadership structures of the ANC are increasingly no longer reflective and
13 | P a g e
representative of the broad front of social and class forces characterising the masses of our people, and thus incapacitating the ANC to continue being the leader of the Alliance.
d) The outcome of leadership elections at NASREC as well as at provincial level indicate the progressive diminishing of the presence of class-conscious working class leadership within the ANC leadership structures.
Resolve That:
a) That there is a need for an urgent reconfiguration of the alliance to ensure its effectiveness and effective defence against pushback of the enemy forces of the revolution
b) The reconfiguration of the Alliance should include the fact that the Alliance has to be the political centre of power where all Alliance partners are treated as equals.
c) COSATU and the SACP should engage the ANC on establishing a minimum quota in its leadership structures for SACP and COSATU cadres at all levels as a minimum requirement.
1.4. 2019 National General Elections (NUM; SADTU & NEHAWU)
Noting That:
a) The electoral performance of the ANC since 1994 has been in constant decline.
b) COSATU has a standing resolution to support the ANC in local and national elections.
Believing That:
a) The Alliance remains relevant based on the persistent objective reality characterised by the contradictions of our society.
b) The ANC remains relevant in the current conjuncture to the course of the workers due to its bias to the working class.
Resolve That:
a) To take a firm stand that as a trade union movement, going forward the election manifesto that we would rally behind and campaign for must place at the centre and reflect a clear bias to our issues and interests as part of the broader working class, rural poor and other popular strata.
b) COSATU reaffirms its previous congress resolutions to support the ANC in the 2019 National General Elections.
14 | P a g e
1.6. Civil Society: SACTWU
Noting that
a) A gap has developed between COSATU and civil society formations due to past experiences and a previous CEC resolution on the matter.
Believing that
b) Progressive civil society organisations have an important contribution to make towards the struggles and objectives of the working class.
c) Rebuilding COSATU ’s relationship with civil society organisations is critical to broaden the support base for working class struggles.
Resolves that
a) COSATU in line with its established criteria, should extensively audit civil society formations and consider their founding values & principles, strategic objectives and modus operandi, it should then convene a summit between the federation and civil society formations to determine areas of common interests and how these can jointly be pursued through campaigns and other interventions.
b) COSATU must convene a meeting of progressive and likeminded civil society organisations in order to develop a campaign and program of action on common areas of struggle, nationally and provincially. (the immediate above can replace this line)
c) The first of such common areas of struggle should be nationally focused on the following: Implementation of the National Health Insurance (NHI).
2. Socio – Economic Resolutions
2.1. New growth path for a sustainable economic development - by RC to be adopted by an affiliate
Noting;
a) The core of the current economic policies is laid out in the Growth, Employment and Redistribution strategy (GEAR).GEAR constitutes the core of what is called neo-liberal economic policies that seek to strengthen the power of business over the state, the working class and the poor and to weaken and destroy labour unions.
b) Since 1994 the ANC led government has made the realisation of all policies conditional on economic growth, integration into the global capitalist economy,
15 | P a g e
and deregulation of the corporate sector. It was assumed that if there was economic growth the benefits of growth will trickle down to the poor and this has not happened. Later it was recognised that growth was necessary but not sufficient.1
c) The Accelerated and Shared Growth Initiative (ASGISA) in 2006 was followed by the National Industrial Policy Framework of 2007, the Medium term strategic framework of 2009 and the New Growth Path. These policies envisaged a developmental state investing in labour intensive projects including through public works programme.
d) In 2012 the National Development Plan proposed a new way of solving the jobless problem. It proposed a social accord where labour would demand lower than productivity salary increases and business would reinvest profits, and a reduction in entry level wage flexibility.
e) The NDP seeks to create jobs in the low value added services sector and in small businesses. Manufacturing is the engine of growth and employment in all economies that have achieved high gross domestic product (GDP) and employment growth. It is a serious error that the NDP sees low service sector as an engine of growth.
f) Public employment programmes have focused on job opportunities rather than decent jobs and they have not contributed to building of public infrastructure, increased unionisation levels, skills transfer, decent sustainable income and job security.
g) We have demanded a wage led growth through a national minimum wage, limiting financial speculation, restricting export of capital and investing in the productive sector and redistribution through social welfare and investment in state companies. In response ANC led government has stated that workers should wait for economic growth.
h) South Africa has registered positive average growth rates of 4.9 per cent between 2005 and 2008, and 1.7 per cent between 2009 and 2011 (SARB, 2014). Economic growth was negative in 2009 due to the economic recession which was caused by non regulation and speculative activities in the financial markets. However despite these growth rates, employment has not increased significantly. Despite economic growth human development indicators (HDI) for SA have remained low. HDI ranking is below GDP per capita ranking indicating that despite economic growth SA economy has remained anti-developmental. Economic growth is irrelevant where more than 90% of the population is marginalised and not active participants in the economy and limited to being recipients of low wages.
i) Whilst the economy has registered positive economic growth the formal sector in South Africa has been unable to provide adequate employment for labour. Consequently, it is widely acknowledged that the South African economy has
1 Colin Bundy Poverty in South Africa.
16 | P a g e
experienced ‘jobless growth’ for most of the post-apartheid era. This refers to a situation where the overall economy is growing, but the absolute employment level is stagnant or falling, hence resulting in a near-zero or negative employment rate.
j) The increased use of labour-using technology since 1994 has not only weakened labour’s bargaining power in South Africa but has contributed to a declining share of labour in the total income. Employers burdened by free market globalisation have resorted to capital-intensive methods. Exports have become more capital intensive and imports labour intensive resulting in export of jobs and loss of jobs.
k) Since 2010 the narrow unemployment rate has been around 25% and the correct unemployment rate or expanded unemployment rate definition is 37% which includes discouraged workers who are no longer looking for jobs. There are about 3.1 million young people not in employment, education or training.
l) 60 per cent of the jobless in SA do not have a matric, making it harder for them to find new work and exacerbating the poverty trap.
m) Because of neo liberal policies, efforts to create jobs and stop retrenchments have yielded zero results for the poor and working class whilst business has increased its profits. Measures to resolve joblessness include the 1999 job summit 1999, 2003 Growth and Development summit, 2008/9 framework agreement and five social accords (2013-2015) on skills development, education, the green economy, local procurement and youth employment. These efforts have focused on decreasing the overall cost structure with regulatory reforms without addressing the demand side. The SA government has relegated its responsibility to invest to the private sector and sees its role as creator of a friendly regulatory environment.
n) COSATU’s successful campaign to have national minimum wage has resulted in the 2017 Nedlac agreement of a R20 per hour minimum wage which will translate into a R3500 per month for a 40 per hour working week. This agreement was concluded under the guidance of comrade President Ramaphosa and the agreement will have the effect of increasing wages of vulnerable workers in particular the 6 million workers who are earning below R3500 per hour. This is a progressive step towards the achievement of a living wage. However the real battle lies ahead with enforcement of this agreement.
o) The forthcoming Nedlac presidential job summit and investment summits would yield little results if the policy environment is unchanged.
p) Whilst the source of SA’s triple challenges is colonialism and apartheid the main problem is the neo liberal economic policies. COSATU’s 1997 September commission that the ANC has not moved away from rightwing economic policies
17 | P a g e
and they are using revolutionary language such as the NDR to mask an anti-worker and anti-poor agenda. Whilst the 2007 Polokwane conference made a good attempt to move towards the left these efforts were frustrated by among others vested interests in the monopoly capital by the comprador bourgeoisie and corruption.
q) The ANC led government has done well compared to its peers on provision of basic services to the poor and the working class. 17 million social grants are issued on monthly basis to people who qualify the means test. About 3.6 million households are registered as indigent households who receive free basic services including a 50 kwh of electricity per month. About 4.3 million RDP houses and subsidies have been delivered since 1994. About 76.2% of pupils in South Africa are benefiting from school feeding schemes. More than 20 000 schools are declared as no fee schools.
r) Despite these achievement Over 30,4 million South Africans were living in poverty in 2015. In 2015, more than a quarter of the population were living below the food poverty line. Approximately 13,8 million South Africans were living below the FPL in 2015, down from a peak of 16,7 million in 2009. In 2015, nearly 3 out of 5 black Africans were poor. The Indian/Asian population group was the only group where the proportion of poor consistently decreased between 2006 and 2015.
s) SA’s debt of 53% of the GDP is still below the average of developed countries debt and we have resources in the PIC to reduce this debt. SA is not insolvent. Therefore there is fiscal space to increase spending and also to increase taxes on the rich and big companies. SA’s taxes to GDP ratio is low compared to many European industrial countries. The call to retrench workers under the guise of trimming the public service bill must be rejected as the problem is lack of revenue which has been caused by deregulation specifically tax evasion by big companies.
t) The De-globalization process as advocated by the leading G7 countries including the US and UK have increased trade protectionism which pronounced itself after 2000 and coincided with China’s rise in economic power. Since 2001 Doha development round industrial countries have been demanding that China converts its socialist market economy into free market and China has correctly resisted these unfair colonial demands. The recent trade war means that Africa must strive to pursue and independent trade policy and to look inward within Africa continent and towards the east as the future is in the East. Reducing trade and financial dependence on the west should be an urgent priority as the China does not have regime change agenda and does not interfere in domestic affairs and China has not colonized any country.
u) The African Continental Free Trade Area (AfCFTA) is Pan African capitalism at continental level and must be seen as an integration of colonial European powers
18 | P a g e
on the continent and not an integration of African economies. It is free trade for Western and Asian multinational and will destroy jobs through cheap, unsafe and unhealthy imports. This trade agenda is driven by European industries to promote European interests and not African interests. Africans should be focusing on controlling land and all natural resources and not allowing free trade in these products and in controlling imports and exports and illicit financial flows. A free trade agreement is premature when Africa is still trying to fight off diseases and to regain control her land and all the resources.
v) The ANC resolution on radical economic transformation to change the laws, policies, systems and constitution property relation and ownership and control patterns in the economy.
Believing that :
a) Economic policy should promote redistribution through growth and not economic growth and then redistribution. There can never economic growth unless 90% of the population is given its fair share of the wealth and income produced in the economy.
b) The aim of economic development should be to overcome poverty and not create billionaires. Redistributive policies should focus on increased productive activity in the real economy and decent jobs, meeting the needs of all the citizens of the country - the needs for work and income, for health, shelter, education, decent childcare and provision for old age, as well as a high quality of community life and economic democracy (redistribution of power) - meaning the participation of all working people in determining the conditions of their economic activity, and the general priorities of economic policy.
c) Tools to ensure redistribution includes through
Regulation of financial markets through capital controls and specific taxes to reduce the attraction of speculative investments relative to productive investments should be introduced, and redirecting investment towards the manufacturing sector.
. The budget and taxes: If deficit targets must be met, they must be met by
increased taxation on the wealthy, rather than cutting - or failing to extend - social services to the poor. This is an imperative for overcoming the legacy of apartheid and tackling poverty.There is substantial room to reduce the budget deficit, and increase social spending and public investment, by increasing taxes, especially on the wealthy. As noted above, international experience shows that high tax rates are consistent with growth if they are spent on reducing inequality.
Socialist programme: redistributes wealth, income, assets, opportunities and powers
Socialism is often defined in terms of structures of ownership. Our programme envisages an economy composed of the public service, a state sector, a social sector, and the transformation of the private sector into a
19 | P a g e
stakeholder sector. We are therefore proposing a significant basis of public and social ownership in the economy, as distinct from private ownership.
Macroeconomic and micro economic policies that must aim to eliminate poverty and inequality and reducing unemployment by generating new jobs.
A BIG state: We need a big state to address colonial and apartheid legacy of underdevelopment of the majority of the population. We reject the ideology of a ‘lean state’ - a reduced state cannot meet the needs of social transformation and development, and is inappropriate in a society with our level of unemployment.
Control of retirement funds: The biggest institutions of social ownership are the retirement funds. The retirement funds are a major source of investment capital in the South African economy, and own substantial stakes in hundreds of companies. Although the retirement funds represent workers’ money, workers have very little influence over how it is used.
Wage policy:
There is no reason for unions to moderate their wage demands or accept higher levels of wage flexibility. Indeed, union demands should stimulate management to seek ways to reduce the cost of management and improve production processes. Low wages are already a cause of poverty. Reducing them further will increase poverty.
d) Union wage policies should be based on the following: increases in basic wages should not be linked to productivity increases since
the major portion of productivity improvements are the responsibility of management
at the same time, as producers and stakeholders, workers should share the benefits of productivity improvement, either through wage increases or through gainsharing agreements
the trade union movement should pursue a strategy of wage solidarity which seeks to increase most the wages of the lowest paid
unions should oppose labour "market flexibility" which seeks to increase wage flexibility (eg undermining centralised bargaining, increasing casualisation)
Centralised bargaining should be strengthened. A living wage.
e) Trade, exchange rate and industrial policies that must focus on promoting a state led manufacturing sector, creation of decent jobs, and reducing dependence on imports of manufactured goods and exports of raw materials and semi processed goods.
f) The activist, developmental state: We see the state as a key economic agent. It is the biggest employer, consumer and investor in the economy. Through its fiscal and monetary policies, and the composition of its budget, it exerts a tremendous influence on the economy. Its parastatals - especially Eskom, Transnet, Telkom and the Post Office - are massive engines in the economy.
20 | P a g e
Through its education, trade and industrial policies it shapes the country’s industrial development. We believe that an active, interventionist state is necessary if we want to achieve our goal of economic development - in other words, to overcome poverty and redistribute power, wealth, income and economic opportunity from a small minority to the majority of citizens. This is what we mean by a developmental state in South Africa.
g) A strategy of focusing on the state as an agent of redistribution is consistent with international comparative research on the role of the state in economic growth. The evidence is that: countries which are more equal in terms of wealth distribution tend to have
higher growth rates countries which spend a lot on redistribution do better (in contrast, countries
whose governments simply spend a lot tend not to grow) higher tax rates do not adversely affect growth rates.
h) Since 1994 we had had local and national elections, three presidents and we have changed presidents, premiers and mayors yet the policies have remained neo liberal in content and approach. Our economic and political is still colonial in character. A multiparty democracy has yielded little benefits for the majority across colour lines.
i) Radical economic transformation must focus on changing colonial laws and institutions which includes the South African Reserve Bank to meet the needs of the majority and transform the workplace and the economy to reflect the population demographics in the country.
j) Workers cannot wait for economic growth in order to enjoy a good life.
Resolve
a) To campaign for a new growth path that is based on radical redistribution policies and fundamental restructuring of the political and economic system. Reaffirm the September commission resolutions on cosatu’s economic vision
b) Support the implementation of the radical Nasrec 54th ANC national congress resolution to among others implement the NHI, fee free education and to review the NDP.
c) To campaign for the review of the NDP in order to align it with the socialist principles of ownership, management and control of the economy in order to give effect to the radical second phase of our transition.
2.2. State owned companies, privatisation and governance: NUM .
Noting That:
21 | P a g e
a) Apartheid government used state companies to industrialize the economy, hire white workers and to address white poverty.
b) Since 1994 government has privatized, commercialized and outsourced state companies and their functions. As a result, there was disinvestment in state companies with a view of collapsing them and selling them for free.
c) Most state companies are facing financial difficulties. d) The governance issues have focused on financial compliance than on the
public interest mandate to create decent jobs and elimination of poverty e) The board of directors of state companies is governed by the so-called
independent boards and persons who are essentially business people, our class enemies.
f) The salaries of directors of state companies are exorbitant and are not linked to their responsibilities and performance.
g) The workers pensions or provident funds are invested in most state companies yet workers have little control over the direction of these entities and their business models.
h) Some of the state companies like the Eskom Board had previously comprised of diverse and representative stakeholders which included representatives from the trade unions. This practice, tradition, or policy has since been abandoned by the utility.
i) Uninformed calls that state owned enterprises must pay dividends in order to justify their existence and avoid privatization.
j) Unlike its BRICS counterparts South Africa does not have a state bank. k) Most state companies in other countries including in China are selling
minority shareholding to increase private sector investment whilst retain control and majority ownership.
l) The government has indicated an intention to sell state companies or minority shares. Eskom has further being privatized through renewable energy independent power producers even where Eskom did not need this energy. R56 has been spent on buying renewable energy from private independent power producers when actually ESKOM has surplus energy
Believing That:
a. We need representative and diverse stakeholder participation in the Board of Directors of the entity as a true and correct embodiment of the entity `s diverse interests and critical mass;
b. Board of Directors which excludes the direct involvement and representation of one of the important constituents of the critical mass, the workers, will always bear a skewed class interest and lopsided development compromising workers interests.
c. All state companies as public entities must be representative of all stakeholders particularly workers.
d. State companies are instruments of a developmental state.
22 | P a g e
e. Privatization will always increase prices of goods and services e.g. Vodacom, SAA and GAUTRAIN project and result in job losses and destroy collective bargaining and the capacity of union to organize.
f. State companies have the capacity to provide all services. There is no reason why companies such as Eskom should not be owning coal mines and not buying coal through third parties which is costing Eskom billion rand per annum.
g. State owned companies must not be profit driven and operate on profit driven objectives. However corruption must not be tolerated.
h. The source of corruption involving state owned companies include outsourcing and tenderization of state functions.
Resolve That:
a) Workers must be represented in the Board of Directors of all state companies to represent their collective interest.
b) Reaffirm COSATU resolution on anti privatization irrespective of form including through sale of minority shares, public private partnership, user fees, management contracts and outsourcing.
c) The relevant minister must chair the board of directors of these state companies in order to increase accountability in respect policy direction.
d) The mandate of the board must prioritize decent jobs, industrialization, localization and not only financial accountability.
e) Workers through their pension funds must have a direct say on the direction and major policy decisions in state companies.
f) Private retirement funds must be forced through prescribed asset requirements to invest in state companies.
g) The state must establish new state companies including in the construction and banking industry.
h) In order to address financial challenges all state owned companies must review and terminate their contracts and in-source all services and workers.
i) Campaign for maximum salaries for executives in state owned companies and in private companies.
2.3. Renewable energy Independent power producers : NUM
Noting That:
a. The IPPs were established by government informed by the National Energy Act 2008 and the Electricity Regulation Act (ERA) 2006. These
23 | P a g e
two acts establish the rules and the guidelines of establishment and the regulation of the IPPs.
b. The ERA informs the development of the Integrated Resource Plan (IRP) which specify the rules and the regulations of the IPP’s. The IRP was developed by the Department of Energy (DoE) in 2010. The IRP set out the new generation capacity per technology
a) Eskom currently spends 77 cents per kilowatt. Meanwhile with independent power producers Eskom will spend R2.30 per kilowatt.
b) Furthermore, government has already endorsed the implementation of the renewable energy independent power producers without taking into account the fact that Eskom employs substantial number of both permanent employees and contractors.
Believing That:
a) The implementation of IPP will affect negatively the current jobs
b) The increase on production cost per kilowatt will results in increase of tariffs for consumers.
Further Believing That
a) IPPs must not be allowed to compete with Eskom by selling electricity direct to consumers rather than claiming monopoly over Eskom.
b) Big energy users must not be allowed to generate their own energy as this might liquidate Eskom and result in loss of jobs.
c) IPP contracts must be reviewed and terminated.
d) COSATU has obtained a certificate to strike over the introduction of renewable energy IPP’s without consultation.
Therefore Resolve That:
e) THE federation working with affected energy unions should notify Nedlac of a section 77 strike to compel government to desist from the continued implementation of renewable energy IPPs.
f) The state through Eskom must invest in Renewable energy sector.
g) The signing of renewable energy IPP must be subject to creation of decent jobs, local manufacturing of energy inputs equipments and there must be
24 | P a g e
a just transition from reliance on coal to renewable energy. The current renewable IPP contracts must be reviewed to ensure that they meet these conditions and where they can’t meet them they must be reviewed and terminated
h) Call for a new energy policy that must remove the role of private energy producers in the energy sector.
2.4. The 4th Industrial Revolution & the Future of Work (SADTU/SASBO)
Noting That:
The introduction of the 4th industrial revolution is evolving at a rapid speed and we have to accept the reality that our future world of work will be dominated by robotics, automation and digitisation.
There will be a need for different and new skills sets in the economy and the labour market.
It is eminent that the landscape of the SETAs (Sector Education and Training Authorities) will cease to exist in their current forms as at the end of March 2020 and that time is not on our side.
Organised labour is represented in the various SETAs.
Believing That:
The future world of work will be challenging due to lesser human interventions, different skills demands and unprecedented regulatory changes. These challenges, if not addressed adequately and with the necessary urgency may give rise to large scale job losses.
Many stakeholders including employers are ignorant and uncertain on the implications of the 4th industrial revolution and the impact that will have on workers and their organisations.
There is a need for an explicit targeted plan to initiate and strengthen indigenous innovations to reduce South Africa’s dependence on other countries for high end manufacturing
It is the responsibility of the SETAs to prepare its stakeholders in their respective areas of jurisdiction for the inevitable changes that will come with the advent of the 4th industrial revolution.
Government / State support and intervention is important to spur innovation in strategic emerging technologies and robotics / Artificial Intelligence (AI)
The NEDLAC should be utilized effectively for negotiations to deal with targets and duration governing the introduction of automation and related technologies
25 | P a g e
Resolve That:
There should be a significant improvement of infrastructure in schools/institutions in order maximise the opportunities of the 4 th Industrial Revolution to learners/ children.
The higher education institutions must be compelled to decolonize the curriculum in order to innovate in response and management of technologies brought about by the 4th Industrial Revolution.
All Seta-Labour representatives must take the initiative to partner with all the other representatives serving in the SETAs to start playing a pivotal role in determining, developing and implementing relevant and agile training, developmental and educational programmes to assist the workers in being re-skilled, multi-skilled and up-skilled in order to help migrate and integrate into the new world work especially the youth and unemployed.
SETAs in the same or similar industries must share best practices on how they successfully addressed these challenges, including the development of a data base on new diverse skills demands.
A regulatory framework for the introduction of innovations related to the 4 th
industrial revolution should be developed and it should ensure that workers do not loose jobs.
SETAs, Employers, Government and Labour must work closely in developing programmes enabling them to monitor how the future world of work will affect workers and the implementation of programmes put in place to support those that may be adversely affected.
Funds must be made available for workers that could be negatively affected by the changes in the new world of work.
2.5. Outsourcing and in sourcing: NUM
Noting That
a. Many of companies in South Africa see outsourcing as the best business model to maximise profit and cut operational cost which in effect undermines the gains already made through the promulgation of LRA; H&S regulations and Acts.
b. The consequential development of the bad business practices of lean and mean operations also emasculate virtuous objectives of the quest for job security and erosion of recognition of prior learning and skills acquisition through experience which degrades workers.
c. COSATU campaign for total ban of labour broking and recent constitutional court judgment that confirmed that labour brokers are unnecessary and do not play a useful role in an employment relationship.
26 | P a g e
Resolve That,
a. Companies must be forced to stop outsourcing .Rather employ workers directly with full benefits and all conditions of employment.
b. For all outsourced jobs that are long term and permanent in nature companies across all sectors including mining; energy and construction sectors must be in-sourced.
C. Any short term projects and or jobs outsourced should be done with clear timeframes without undermining all labour relations regulations in particular Health and safety.
d. Reaffirm COSATU position to campaign for total ban of labour broking and not regulation.
e. Campaign for the review of all laws that facilitate outsourcing and sale of state assets including section 197 of the Labour Relations Act, the Public Finance Management Act, Municipal Finance Management Act and the Municipal Systems Act with a view of prohibiting outsourcing.
2.6. National Health Insurance and the Transformation of the Healthcare System: NEHAWU/SAMATU/NUM/DENOSA
Noting that:
a) The right of access to quality healthcare service is among the economic and social rights guaranteed by the constitution of South Africa and it does not discriminate against people based on their economic status.
b) The country has entered the second phase (2017 – 2022) in the implementation of the NHI.
c) Government has tabled key bills (NHI and Medical Schemes Amendment Bills) which amongst others, enable the creation of the NHI Fund and put some transitional measures aligning the existing system of medical aid schemes with the phasing-in of the NHI.
d) The publication of the provisional findings and recommendations of the Health Market Inquiry of the Competition Commission which exposed the extreme profiteering by the private health industry at the expense of medical scheme members.
e) The South African private healthcare system is expensive and unaffordable for the majority of our population including for the middle-strata as revealed in several researched work by different institutions, including the World Health Organisation.
27 | P a g e
f) In the overall, the public health sector is still characterised by poor quality of service as confirmed by the report of the Office of Health Standards and Compliance which showed some improvement in certain areas, stagnation and decline in other areas.
g) The camouflaged initiative to undermine the NHI by a group of private health practitioners some of whom were student activists in the past in the name of supporting the improvement of public health service delivery and the fact that some companies in the private health industry have made their intensions public to oppose the NHI through the courts.
h) Opponents of the NHI have intensified their offensive against the NHI in the media, opportunistically capitalising on poor service delivery in the public sector.
a) Our country has the world’s largest ARV programme and the creation of the state-owned pharmaceutical company, Ketlaphela Pharmaceuticals.
i) The state-owned company, South African Nuclear Energy Corporation (NECSA) which operates SAFARI-1 research reactor whose lifespan is approaching its end, which is an essential asset in the ongoing development of the nuclear-medicine industry and nuclear-medicine departments in the national teaching hospital system.
j) The right to access to health care is part of our citizens’ rights enshrined in our constitution and the implementation of the NHI is geared towards fulfillment of this right.
k) Challenges facing the Nelson Mandela/Fidel Castro Medical Student Training Programme, despite the unacceptably high shortage of doctors (and other health workers) in the public health sectors.
Believing that:
b) The NHI is one of the key transformatory programmes of the radical second phase undertaken by the ANC government.
c) The implementation of the NHI cannot take place without resistance from the private hospital monopolies and other vested interests in the status quo, including those who claim to be comrades yet seeking to undermine this progressive ANC conference decision.
d) Whilst the healthcare system structurally enables the private health sector to exploit and weaken the public health sector, incompetent management of institutions, corruption, understaffing and the outsourcing of key functions at provincial, district and institutional levels also contribute to poor service delivery in the public health sector.
e) Health care is a right and not a commodity, and as such the private healthcare system has taken advantage of the poor quality of public healthcare system to impose extortionate charges which have led to the suffering of poor sick people and catastrophic impoverishment of scores of households.
f) There is some concerted resistance to the continuation of the Nelson Mandela/Fidel Castro Medical Student Training Programme in some quarters, including provincial departments of health, historically white universities and external vested interests acting as gate-keepers to perpetuate the current commercially oriented healthcare system.
28 | P a g e
g) The further development of Ketlaphela Pharmaceuticals would strengthen the country’s goal of ensuring security of supply of vital medicines, development of local manufacturing and reduction of the expensive importation of medicines.
h) NECSA is a strategic assets for our country, enhanced by its internationally recognised and outstanding record of safety and innovation in producing a range of radiation-based products and services for the country’s healthcare system and value-addition in the flouro-chemical industries and other industrial applications.
i) The current deregulated oligopoly, hospi-centric and commercial orientation to care promoted by the private hospital monopoly groups pose a serious risk for the sustainability of the NHI if they are allowed to persist without strong and decisive intervention.
j) The implementation of the NHI is a step-forward in positioning our country to address the quadruple burden of diseases that is weighing down our society.
k) The primary health approach is an important foundation in the transformation of our healthcare system to ensure the early detection and response to ill-health, improved health consciousness and outcomes in the population and ultimately the reduction in the overall healthcare costs that are currently inflated by the present hospi-centric healthcare system.
We therefore, resolve:
a) To reaffirm our 12th Congress resolution that provide the broad framework of our perspective on the NHI, the transformation of the healthcare system in general and our health campaigns.
b) To continue with the education programme for our members, popularise the NHI in the broader working class, build campaigning coalitions with progressive mass organisations and NGOs.
c) Develop district level campaigns to ensure the democratisation and involvement of working class communities in hospital boards, clinic-based health committees and improvements in the management and operations of health institutions.
d) To mobilise our members to fight against the extreme profiteering of the private health industry, rising premiums and declining benefits.
e) To defend the implementation of the NHI against attacks and attempts to derail or undermine its implementation, including by those who claim to be comrades relying on their past backgrounds.
f) To fight for the professionalization of the health workforce, which must be underpinned by improvements in pay, benefits, other conditions of work and morale to ensure that the working class and rural poor receive better service.
g) To fight for the continuation and stepping-up of the Nelson Mandela/Fidel Castro Medical Student Training Programme as part of the broader imperative of ensuring adequate availability of different healthcare professionals to ensure the success of the NHI.
h) To campaign for the regulation of the currently non-transparent Fee-for-Service pricing mechanism practiced in the private health industry.
i) To campaign against incompetent and corrupt management of the institutions to ensure that the public hospitals and clinics progressively improve their performance to comply with the required standards of the NHI.
j) To campaign and support the strengthening and further development of Ketlaphela Pharmaceuticals.
29 | P a g e
k) To support the development of the second research reactor to replace SAFARI-1 to ensure the further expansion of the country’s nuclear medicine expertise, industrial applications for economic growth and the development of nuclear knowledge.
l) COSATU must undertake a nationwide strike to expedite the implementation of the NHI.
2.7. The Right to Strike and the Obligations of Employers: SASBO
Believing that
Every worker has a right to strike and every employer has recourse to lock out. At least 48 hours’ notice of the commencement of the lockout, in writing has been given to any trade union that is party to the dispute.
Realising that a person is bound by an agreement that require the issue in dispute to be referred to arbitration if is a dispute of right.
If the issues in dispute are matters of mutual interest, each party to the dispute can decide to embark on industrial action.
Noting That:
1. if a strike lasts longer than ten (10) days (protracted period), the striking force tend to become frustrated and agitated leading to division amongst the striking workforce which is further fuelled by the undermining tactics and psychological games played by the employer.
2. The realisation of the employers to frustrate the striking workers by not coming to a speedy resolution to the demands of the workers.
3. Section 150 of LRA allows the Commission to intervene during a strike that continues for a protracted period.
4. Section 76 of the Labour Relations Act, on replacement labour only makes provision for two circumstances where replacement labour is not permitted:-
(a) to continue or maintain production during a protected strike if the whole or a part of the employer's service has been designated a maintenance service; or
(b) for the purpose of performing the work of any employee who is locked out, unless the lock-out is in response to a strike.
30 | P a g e
5. For the purpose of Section 76, "take into employment" includes engaging the services of a temporary employment service or an independent contractor.
There resolve that :
1. Cosatu through Nedlac submit and influence the application of Section 67 of the Labour Relations Act, No 66 of 1995 by inserting a clause that will compel employers to pay 50% of the workers’ wages during the strike should the strike be unnecessarily protracted by intransigent employers and/or the strike exceeds five (5) working days, and it is found that the workers’ demands are reasonable.
2. This will have to be under the confinement of the certificate that entitles the worker to embark on a protected strike action
3. The Federation should mobilise its members and the Labour constituency for possible national strike action in case Nedlac has considered the matter in order to compel employers to pay 50% of the wages of the workers who embarked on protected strike action.
4. In order to persuade employers to meet the demands of the striking workers, trade unions resort to it embedded constitutional right to strike in order to exert their collective strength in an attempt to influence the employers to settle mutual interest disputes. Regrettably the impact of strikes loses it impetus when employers employ replacement or scab labours including temporary employees or independent contractors to continue with production or operations. Such action negates the true intention of a strike resulting in striking workers becoming agitated. Employers, who can afford to continue with production or operations during a strike are not hesitant to postpone the period of the strike action indefinitely and are reluctant to reopen negotiations with the striking workers in order to reach amicable settlements. Therefore it is imperative that the Federation direct Nedlac to consider amendments to Section 76 of the Labour Relations Act by broadening its scope in placing an absolute prohibition/limitation on the use of replacement labour during any protected strike, including engaging the services of temporary employment services or independent contractors.
2.8. Definition of retrenchment and Retrenchment severance packages: NUM
Noting that:
31 | P a g e
a) The mining industry continues to subject operations to care and maintenance without end including complete closures ,and the workers endure severe corporate assault through retrenchments terror ,
b) The South African companies execute retrenchment as their exclusive panacea to multiply their profits, which diminishes the current model of payment of 1 week per year of service and the bargain-basement 2 weeks.
c) This seems to be enticing and probably appropriately economical for exploitative companies.
Believing that:
a) Retrenchment is now the cheapest formula to dispose of workers as employers pay one week of a salary for a year of service.
b) The current arrangement if not tempered with decisively by workers they will continue being the subject of extreme and sustained exploitation and subjugation.
Therefore Resolve That
a) Retrenchment pay-out must be changed to 10 weeks for every 3 months of service in order to protect jobs without any conditions.
b) The Federation through NEDLAC processes must push for an unconditional 10 weeks’ severance package per month of service upon retrenchment of any worker.
c) section 189 of LRA must be amended to make it difficult for employers to retrench and definition of operational requirements must reviewed.
d) The definition of operational requirement must be amended to prohibit employers from dismissing workers for the sake of profits and to replace workers without machines.
WE FURTHER RESOLVE THAT:
a) Where the company is closing the operation or shafts are closed, a mining license should be taken and given to the company that are interested in running the business and save jobs.
32 | P a g e
2.9. CCMA, Labour Court: sponsored by CWU and Resolutions Committee recommended refining the resolution and the inclusion of NEDLAC- SACCAWU /CWU ( still to have them agree)
Noting that:
a) Commissioners are measured in terms of their performance on a number of cases that they had settled
b) There are a growing number of cases that are ruled in favour of the company because Commissioners fear to be taken for review.
c) CCMA commissioners are either fulltime or part-timers
Believing that:
a) CCMA should remain the most accessible institution to workersb) CCMA must continue defend workers rights against the most (legally) powerful
employersc) CCMA should not be the institution that forces workers to take decisions that are
not beneficial to them in the interest of settling cases at the conciliation level. d) Employment status of a commissioner somehow compromises he/her
independence and objectivity.
Resolving that:
a) The federation must be actively involved in the appointment of these Commissioners
b) The performance mechanism on Commissioners used at CCMA, compromises workers against the employers. ( Its does not make sense )
c) When reviewing appointments organized labour from affiliates must invited to make submissions.
d) Commissioners should be full time employees e) Financial settlement facilitated by commissioner should not be considered
when doing performance appraisal.
2.9.1. Labour Court
Noting that;
a) Labour Court is almost the last hope for dismissed workersb) There is a huge backlog of cases c) Some cases have been awaiting court dates 2-3 years backd) The delays in workers cases inconvenience and creates financial difficulties for
workers while employers maximize profitse) The LC time lines are too long
Believing that:
a) The backlog of labour court cases is caused by shortage of Judgesb) Non availability or limited court rooms more specially in big cities
33 | P a g e
c) Workload of LC judges which leads to unconducive working environment and discourages qualified judges to apply to Labour Court.
Resolve:
a) COSATU should campaign for the increase in the number of LC judges including women LC Judges
b) There should be improvement in LC judges working conditions to can attract qualified judges
c) Demand provision of more space for LC premises in the big Metrosd) COSATU should demand speedy resolution of LC cases; the court should adopt
same time frames used by CCMA.e) LC Judges should also be measured in terms of gender sensitivity when
handling discrimination and sexual harassmen cases including receiving specialised gender training
2.9.2. NEDLAC
Noting:
a) NEDLAC plays a pivotal role for social dialogue and development of Policies in the country
b) There are existing Protocols governing NEDLAC
Believing that:
a) NEDLAC is still relevant in promoting social dialogue in the country.b) There are instances when the existing protocol are not adhered too
RESOLVE:
a) COSATU should defend independence and functioning of NEDLACb) Should demand implementation of the existing comprehensive protocol by all
NEDLAC staff and constituencies at all times.c) There should be internal monitoring mechanisms of NEDLAC work.
2.10. Capacity Building Training & Development : NUM
Noting That:
a) Companies are not investing in the skilling of workers , and majority of workers do not have portable skills which makes it difficult for them to get other job opportunities in other sectors;
b) That companies opt for the training of young and unemployed workers more than the employed workers on the production line
Believing
34 | P a g e
a) Workers are often eager to opt for cash over the actual training as a way of covering for financial shortcomings which defeats the struggle for training and development;
b) The type of training often does not have any weight to assist the individual worker to access job opportunities and even self-employment.
c) Companies opt more for young workers because of the higher grant margins in terms of the Skills Levies Act and more the rebates of the Income Tax Act
Therefore Resolve That:
a) Workers should get the higher priority in skills training programmes as the key beneficiaries in the workplace
b) That trade unions should always ensure that all Workplace Skills Plans have a sixty percent concentration of the workers
c) That unions should fight for a Paid Education and Training Leave that will ensure that workers have the necessary time off for training
d) That trade unions should conceptualize the need for training that sustains one beyond retrenchment.
e) Furthermore, retrenchment agreements should cover minimum training allowance that is not less than R15000.
2.11. The Mandate of SETAS on the impact of the fourth Industrial Revolution: SASBO
Noting That:
a) The introduction of the 4th Industrial Revolution is evolving at a rapid speed and we have to accept the reality that our future of work will be dominated by robotics, automation and digitisation.
b) The Seta landscape term is up to March 2020 and that time is not on our side. That the State has gazetted the National Skills Development Plan and SETA landscape that will proceed from 2020 until 2030 at least
c) Whilst organised labour is represented on all SETA’s we have not had the adequate functioning of these institutions that have a total annual budget of R17 billion
Believing That:
a) The future world of work will be challenging due to the probable less human interventions, different skills demand and unprecedented regulatory changes. These
35 | P a g e
challenges , if not addressed shortly and adequately, may give rise to large scale job losses
b) Many stakeholders including employers are ignorant and uncertain on the implications of the 4th Industrial Revolution and the impact it will have on their workers and organisations
c) That the two 4th industrial Revolution and future world of work demands of the SETA’s to plan and prepare the industries for the inevitable .
Therefore Resolve that :
a) That workers should be consulted every step of the way in the introduction of the new technologies at the workplaces
b) Every Trade Union represented in the Seta plays an active role to determine the programme and the agenda that will assist the workers should there be De-skilled (redundant) Multi-skilling, Reskilling and Upskilling. This must be a pre-requisite of panning processes wherein funds have to be made available for the affected workers and must be closely monitored programme by the Trade Unions. This will help workers, youth and unemployed migrate and integrate into the new world of work
c) SETA’s in the same or similar industries must share best practice on how they successfully addressed these challenges, including the development of a database on the new and diverse skills demands
d) That all SETA’s should focus not less than five percent of their total funds to cater for worker education to ensure proper mobilisation of workers on major industrial challenges and those especially on the capitalist Fourth Industrial Revolution
2.12. Transformation : NUM
Noting That:
a) Mining companies through chamber of mines are vehemently resisting transformation characterised by a sustained corporate and class offensive of the Mining Transformation Charters including the current process of the Mining Charter No3.
b) That all other companies are equally failing to adhere to the requirements and provisions of the Broad Based Black Economic Empowerment Act 53 of 2003 as Amended by Act 46 of 2013
c) That the Employment Equity Act of 1998 Twenty Year Evaluation report also notes the failure of most companies to move Blacks and Africans in particular to the Top Management and Boards of Companies especially in the private sector
d) That whilst a few companies record the adherence to the above-mentioned legislations such is not done in alignment with the education and training requirements of the Skills development legislation
36 | P a g e
Further Noting ,
a) The such delays to adhere to all these legislations leaves all these sectors untransformed which is inconsistent with the current trajectory of Radical Socio Economic Transformation
Therefore Resolve That:
a) The Federation must embark on campaigns to ensure that all the affected sectors in this regard establish or put into effect appropriate sector charters including and not limited to the Sector Charters to drive Radical Socio Economic Transformation.
b)The all sectors should uphold a 10% profit-sharing model.
2.13. Free Post-Schooling Education: NEHAWU
Noting that:
a) Beginning this year, the ANC government has committed itself to implement its policy on fees-free post-schooling education for students from working class and rural-poor households.
b) The first two decades since the 1994 democratic-breakthrough has seen persistently stagnant allocations of subsidies and student funding in the post-schooling system, amidst rising student enrolments, demand for student housing, infrastructure and fee hikes.
c) The Neoliberal orientation of the post-Apartheid state was also reflected in the adoption of the New Public Management approach in the governance and operations of universities which brought about the corporatisation and thus undermined the transformation agenda.
d) Inadequate funding by the state was used to justify the corporatisation by the managements of universities, which through commercialisation and outsourcing pay and conditions of work for workers in the cleaning, security, catering, transport and grounds-keeping sectors further deteriorated.
e) Corporatisation enhanced the domination of capitalist interests in the designs of the curriculum content in several fields of study, placed academics under precarious contracts and impinged on academic freedom for academics and students pursuing critical and transformatory knowledge.
f) The unfolding crises of maladministration, governance, delays in the disbursement of funds to the students, etc. at National Student Financial Aid Scheme (NSFAS) that
37 | P a g e
have led to the appointment of the Administrator by the minister, the resignation of the Chairperson of the Board and the suspension of the CEO.
Believing that:
a) Our struggle for transformation and people’s education not only seeks to address access, success, decent work, but also epistemological transformation to ensure that the knowledge imparted by the institutions is relevant to our society, promotes critical thinking, empowers the working class and other popular strata for progressive societal change.
b) The implementation of the fees-free policy is a major step-forward, a radical gain and a departure from the previous Neoliberal funding policy that insisted that “fee-free higher education is not an affordable or sustainable option…”
c) Whilst the ANC’s 53rd Mangaung Conference in 2012 called for the phased implementation of fees-free policy, the upsurge of student militancy in 2015-2017, which also built alliances with workers, was a significant catalyst in the implementation of this fees-free policy.
d) In addition to other factors of mismanagement, the NSFAS student-centred model was at the heart of its failure to meet the students funding entitlements and therefore the decision to review it is a step-forward and creates an opportunity for the design of a proper student funding entity in the continuing struggle to secure free post-schooling education system.
We therefore, resolve:
a) To work with mass-based students and youth formations, in particular COSAS, SASCO and PYA as well as progressive non-governmental organisations to build the people’s education movement to advance our transformation agenda.
b) To undertake and promote research and discussions on curriculum and knowledge systems as part of developing our own policy perspectives and proposals supporting people’s education.
c) To strengthen our working place organisation in post-schooling education in order to continue with our struggle for insourcing, improvement in pay and conditions of work and transformation.
d) The federation to activate the Education Committee to work as an organisational engine to coordinate collaborative work with and amongst affiliates on education matters.
e) To work with and support SASCO and the Progressive Youth Alliance in endeavours of engagements with the minister and Administrator of NSFAS as well as in campaigning for their demands to be met to address the student funding crisis.
f) To call for a commission of inquiry to investigate allegations of corruption and irregular appointments at NSFAS.
38 | P a g e
2.14. Public servants and the spirit of volunteerism- The “Thuma Mina” philosophy: SADTU
Noting That:
a) There is decline in the image of the public institutions
b) There is a lack of leadership and accountability
c) There is poor quality service delivery
d) There is a lengthy turnaround time for processing services
e) General lack of commitment and lack of efficiency in the public service
f) The President of the Republic has launched and is spear heading the “Thuma Mina” campaign that is intended to rally all of society behind the values of honesty, integrity and volunteerism.
Believing That:
a) Workers must be committed to better service delivery
b) Workers, bureaucracy and political administration must be oriented towards service delivery and live up to the dictates of the Freedom Charter
c) Workers would benefit from strong institutional and individual effort to improve service delivery
d) Lack of professionalism & empathy contribute to the dissatisfaction of communities
e) Public servants should understand and appreciate that serving our people is a revolutionary responsibility
f) There are key lessons to be learned from the public service of many African countries and of progressive countries like China & Cuba.
Resolve That:
a) We must develop more caring and empathic public institutions to support communities and where needed to reach out to communities
b) Policies of employment and deployment must be based on meritocracy to promote professionalism in service delivery
c) Reaffirm the Batho Pele principles for public servants
d) Public servants must make a concerted effort to change the image of public institutions.
39 | P a g e
e) There must be an ongoing campaign to rally public servants and all of society behind the principles of the “Thuma Mina” mind set and to reinvigorate the spirit of volunteerism in our communities.
f) The government school for public servants should be transformed to provide an ongoing re-skilling and capacity building for them at all levels based on the capable developmental state ethos and aims
2.15. The adequate resourcing of public institutions and the strict management of the resources: SADTU
Noting That:
a) Many public institutions are inadequately resourced to perform their work
b) Public property and equipment are poorly maintained
c) The public institutions have no capacity to shed off the apartheid culture
d) The nature of asset management and utilization could be improved
e) Public institutions’ role in servicing community needs and the need to identify and service commonly agreed upon areas like public safety among others
f) Lack of accountability for the utilization of resources.
Believing That:
a) The public institutions would benefit from auditing the nature and utilization of resources in their sphere.
b) Workers would benefit from efficient service delivery in terms of productivity, cost management and well-being
c) Standards and protocols must be set and maintained for all public institutions
d) Public institutions must be adequately resourced with human resources and equipment to support the work they do
e) Extra resources must be allocated in the short term to deal with overload or high demand need
f) Public institutions must be proactive instead of reactive
g) The capacity of the public institutions must be reoriented towards a capable developmental state by shedding off apartheid culture
h) Public institutions must be accountable for service delivery and resource management and care
i) Key interventions such as the National Health Insurance will be impossible to implement without the adequate resourcing of public institutions.
Resolve That:
a) Develop campaigns to deal with public service backlogs.
40 | P a g e
b) An effort be put in place to reorient public institutions in terms of their capacity to serve the population in terms of the capable developmental state ethos and eradicate the apartheid culture
c) Audit all public institutions to understand their roles, human resource capacity, service delivery needs, resourcing and turnaround times.
d) Public institutions must be restructured such that they have adequate capacity and that they are orientated towards a developmental nation.
e) Establish turnaround strategies for public institutions
f) Establish new institutions in under resourced areas
2.16. Safety Of Public Servants : SADTU
Noting that:
a) The increase in the number of attacks on the police, nurses, teachers, lecturers, emergency services personnel and other public servants in their line of duty.
Believe that:
a) These sectors are essential in the delivery of services of the state to communities
b) The attacks and killings of public servants compromises the ability of the state to deliver services;
c) These attacks and killings undermine the state
Resolve that:
a) Additional resources should be provided to protect these public servants;
b) The Justice cluster must be lobbied to impose harsher sentences against those found guilty of attacking and killing public servants
2.17. Protecting Public Institutions/ Infrastructure : SADTU
Noting that:
a) The right to protest is enshrined in RSA’s constitution
41 | P a g e
b) The arrogance and laxity of some of the councillors in responding to communities’ concerns is the major cause for protests.
c) The destruction of public institutions and infrastructure during service delivery protests is a criminal act
Believing that:
a) The people reserve the right to protest
b) The lack of service delivery in most instances is the major cause of concern by communities leading to violent protests
c) These institutions and infrastructure are fundamental to the lives and well-being of communities;
d) The destruction of these institutions and infrastructure should be viewed as a direct attack on the state.
Resolve that:
a) Communities should be mobilised to lead in protecting public facilities such as schools, police stations, hospitals, clinics and other infrastructure from vandalism
b) The destruction of these institutions and facilities should be treated as treason.
2.18. Jobs and Bogus co-operatives: SACTWU
Noting that
a) There is a rising trend to establish bogus co-operatives, including the conversion of current workplaces into bogus co-operatives.
b) Cooperatives and social and solidarity organisations are included in the 2015 ILO Recommendation 204 on transitioning from the informal to the formal economy.
Believing that
a) Legitimate co-operatives are important forms of economic units for empowerment workers.
b) Bogus co-operatives are deliberate attempts to bypass labour legislation and to undermine collective bargaining.
c) Bogus co-operatives encourages non-compliance and promote unfair market competition.
d) Bogus co-operatives are a threat to decent jobs.e) Bogus co-operatives constitute a brutal attack on the employment security of
workers in general, but particularly of women workers and their families.
42 | P a g e
f) Adequate and appropriate system of inspection to be extended to the cooperatives and social solidarity organisations in order to protect workers.
Resolves:
a) To fight a relentless battle, on all fronts, to root out bogus co-operatives.b) To demand that government procurement policy and procedures should
explicitly exclude sourcing from bogus co-operatives.c) To require that all collective bargaining agreements of COSATU affiliates be
amended to explicitly include clauses which prohibits sub-contracting to, and sourcing from, bogus co-operatives.
d) To require government to finalise the regulations governing co-operatives which regulations must not undermine collective bargaining and which promotes Labour Relations Act-, Basic Conditions of Employment Act- and other employment law coverage of workers employed in co-operatives.
e) If need be, to campaign for the amendment of the Co-operatives Act to root out bogus co-operatives.
f) To require affiliates to embark on a program of weekly protest and picketing at the offices of the Department of Small Business Development, in order to highlight COSATU ’s concerns about the abuses of bogus co-operatives, and in support of the issues listed under clauses 1 to 4 above.
g) To implement the transition process developed by the March 2018 Durban National Dialogue on the implementation of ILO Recommendation 204 and the Future of Work, as part of the NEDLAC Decent Work Country programme.
2.19. ICT Industry Regulation: CWU
Noting that:
The sector has already been going through dramatic changes in the past two decades to deal with the influence of digital technology and the convergence of the previously separate sectors of telecommunications, broadcasting and Information Technology. Now the prevalence of the Internet is bringing another wave of change with the Internet of Things or pervasive internet, which will lead to the embedding of sensors and connectivity in a range of wearable technologies, household devices and business devices. A convergence between Information Technology (IT) and operational technology (OT). It offers cost savings due to predictive maintenance, greater speed in communication because of machine to machine communication and improved human-machine interaction.
Releasing this connectivity in South Africa is going to require digital transformation strategy to drive the convergence and fusion of the internet and devices. Total connectivity will require the harnessing infrastructure, standardization, risk management, human resources and the allocation of resources. Current government
43 | P a g e
strategies around broadband, e-government and the Internet already look at facilitating business-to-business (B2B) and business-to-consumer ((B2C), but will now have to be broadened to include machine-to-machine (M2M). Of course, none of this is possible without pervasive and affordable broadband to drive this revolution. It is a prerequisite for the 4th Industrial Revolution and the benefits of its technology to become available in South Africa, and unfortunately it is still an area where South Africa is falling short of the international norm.
Believing that:
Driving the 4th Industrial Revolution means driving innovation in areas such as connectivity (embedded sensors, wearable technologies, networks), cloud computing (cloud data storage), cyber security (Trust is key -protection of personal information, data become critical when so much information is shared), content/applications (content needs to be developed that it is meaningful for the context in which it is used and/or shared), customization (personalization of content and adding value for consumers is a key driver). For all of this to work a robust communications network must be the starting point for linking people, intelligent devices and smart businesses/factories. Data will need to be carried on public and private networks and stored on the cloud requiring far lower-latency connections and more robust security features than are currently in place to address not just people, but the hundreds of billions of devices that will be coming online.
Resolving that:
Currently, there is innovation and competition in the fibre and mobile broadband market. The market is operating efficiently, bar the cost to communicate which thus far the regulator has failed to address to ensure affordable access. A concern is the desire expressed in the ICT White Paper:
a. Paper to impose open access on layer 1 of the network in the form of a public-private gatekeeper initiative that may see the return of allocated spectrum by mobile operators and fixed line operator which is likely to discourage investment to expand, upgrade and maintain the networks.
b. This may have a long-term impact on workers’ jobs at MTN, Vodacom, Cell-C and Telkom. CWU/COSATU supports the development of a public owned wireless open access network to promote wireless broadband access in rural areas, but believes that it cannot be a single gate keeper. There must be multiple public and private networks in place to address the huge data needs of the 4 th industrial revolution and to promote innovation and job creation in the communications sector. Rather than trying to put all the eggs in one basket government policy must be agile, flexible and open to innovation and multiple paths to encourage foreign and domestic investment in infrastructure and networks to drive economic growth.
44 | P a g e
c. We support those aspects of the ICT White Paper such as evidenced based regulatory interventions, regulation of over-the-top services and driving a technology mix that includes fixed and mobile technologies and the incubation of SMMEs in the communications sector.
2.20. On Spectrum Allocation: CWU
Noting that:
There are serious allegations made by former councilor of ICASA Willie Currie that Ajay Gupta was part of the ICT Review Panel that came up with recommendations for Wireless Open Access Network. In these proceeding labour was not part of the ICT Review Panel. We have conducted an academic research to assist labour on this complex matter. The argument advanced by business in particular MTN and Vodacom is that spectrum auctioning will intensify competition. On the contrarily the most disadvantaged networks on Spectrum auctioning which is Telkom and Cell C support the Wholesale Open Access Network.
Believing that:
The Department of Telecommunication and Postal Services must clear its name on the allegations pertaining to ICT Review Panel. The Minister must continue defending implementation of WOAN. As organized labour we must continue to intensify our academic research to sharpen our engagement on this complex matter.
Resolving that:
At the federation level and the affiliate (CWU) must form part of working team/s that are established to deal with modalities of the how, what and when of the spectrum allocation.
The Whole Open Access Network (WOAN) to be administrated by the state as opposed to current proposal of an independent agency.
a) The admin fees on WOAN for business must be proportional based on finances, and the skewed biasness on small medium businesses.
b) We need stringent licensing conditions to compel businesses on black ownership, creating employment (quality jobs) and the women’s ownership.
45 | P a g e
2.21. Broadcasting: CWU
Noting that:
The Multichoice South Africa has monopoly on Television broadcasting in particular on pay channel, the recent shutting down on the ANN7/Afro View demonstrates our argument. The current funding model of the SABC is no-longer sustainable and therefore unable to deliver on its mandate. The delay on digital migration restrict the growth of SABC as a broadcaster. The public broadcaster is failing to deliver on its mandate, lack of showing national sporting codes, less local content and less on educational. The other factor is the poor signal distribution. We further note that the OpenView HD (OVHD) in now growing its customer base but at the lower scale.
Believing that:
Since we have a poor regulator i.e. ICASA. The unregulated Over-the-top- media-services (OTT) platforms like Facebook provides live streaming which is a threat to job security in the industry. The public broadcaster (SABC) is expected to compete with commercial channels and on the other hand has a mandate to be a public broadcaster. The shutting down of ANN7/Afro View is political, more than business, the mainstream media will do everything in their power to shut down any dissenting voice within the media fraternity. With the new Board the Public Broadcaster in on its path towards privatization. The direct reversal of transformation in the broadcasting sector, is a direct attack to South African artist (musician, actors and producers alike). To prove that the dominance of the local content is not a regressive program, on the other side Multichoice is growing massively on the customer based on local content.
Resolving that:
a) We need to strive for digital migration – to create a space for media diversity. And minimize monopoly within the industry.
b) The upskilling and development of workers who might be affected by new means of broadcasting like IPTV, digital TV and internet radio.
c) We call for de-commercialization of the public broadcaster to strive for none exclusivity of broadcasting of national events i.e. sports, parliament, labour events and other issues of national interests.
d) The racialized advertising score cards must be abolished, to realize equity in all fronts.
e) Department of Arts and Culture to increase funding of content developers.
f) Media Developmental and Diversity Agency (MDDA) to assist the new entrants to feed SABC with quality media content.
g) We call for a new funding model for SABC through consultation with all stakeholders.
46 | P a g e
2.22. Cybercrime and cyber security: CWU
Noting that:
a) Users are exposed to cybercrime and cyber security challenges that take time to investigate and resolve by state and the private sector
b) State security data tenders are given to private companies who have full access to intelligence information and data of the country
c) No proper internet content regulations and penalties. I
d) Language is a barrier and is leading to our people to be victims of cybercrime and security.
e) Facebook used our information to help Donald Trump to win elections in the United States of America.
Believing that:
a) ICASA and FPB lack capacity for internet content regulations.
b) Banks take time to deal with internet banking fraud cases and this disadvantage the customers.
c) There is a discourse between DTPS and Department of Communication on handling ICT regulations.
d) Regulators have the soft spot for the owner of Facebook, Mark Zuckenberg after leaking our data.
Resolving that:
a) All security data related tenders to be reviewed by government and all state security related data must be controlled and owned by the state.
b) Department of Telecommunication and Postal Servicing (DTPS) and Department of Communication (DoC) must be merged like before 2014 to simplify the regulations.
2.23. High Data Costs (CWU/SADTU)
Noting That:
a) The African National Congress 54th Congress resolution on ICT.
47 | P a g e
b) Data is the catalyst to balance the participation in the 4th Industrial Revolution and that data tariffs in South Africa are extremely expensive.
c) ICASA and parliament are too reluctant to address the high data prices.
d) Telecommunications companies are not willing to drop data prices in particular MTN & Vodacom.
Believing That:
a) Parliament as a whole is failing the country when it comes to data tariffs.
b) As a union or federation, we have never done much when coming to fighting data prices.
c) Government must take back ownership on the network from various SPs to gain control of pricing.
Resolve That:
a) There must be a strong regulatory framework to address the high cost to communicate and monopolization of data.
b) COSATU should together with progressive civil society formations initiate an intensive campaign in the call for the reduction of data costs so as to promote accessibility.
c) There should be a review of the policy and ICT charter.
2.24. Pension Funds: CWU
Noting that:
a) The financial sector is predominantly white owned.
b) The pension fund industry is worth around R3trillion.
c) The B-BBEE Financial Sector code has been gazette.
d) R12billion has been lost in Steinhoff scandal.
e) No sufficient union representation in the pension funds boards.
Believing that:
48 | P a g e
a) No harsh penalties for Steinhoff leaders.
b) No interest and proper education for our people towards pension funds.
c) There is resistance for transformation in the financial sector.
d) No clear black or state-owned bank in South Africa.
e) The Reserve Bank mandate must be changed.
Resolving that:
a) We must demand representation in all funds where we organize.
b) The Reserve Bank Mandate must be reviewed.
c) We call for a fully flashed licensed commercialization of Post Bank
d) Push for recovery measures or security for the loss of pension funds from scams.
2.25. The Land Question (CWU, SADTU & SACTWU)
Noting That:
Our country’s constitution does not prohibit land expropriation.
There is a debate in the country about whether or not a constitutional amendment should be made in order to set out the details of how such appropriation should be effected.
The limitations of the “willing seller, willing buyer” approach.
The ANC 54th Congress resolution on land redistribution.
There is a previous COSATU congress resolution on the amendment of Section 25 of the constitution.
Believing That:
Access to land is fundamental to our people and to advance the NDR.
Expropriation should be done in an orderly manner and should not compromise food security and economic activity.
There should be strong government intervention to support beneficiaries of land redistribution
Resolve That:
Option A (CWU):
49 | P a g e
There should be land expropriation without compensation.
COSATU should support the view to amend Section 25 of our constitution.
COSATU should campaign for any proposed changes to our country’s constitution to be subjected to a national referendum.
Option B (SADTU & SACTWU)
People who occupy land for residential purposes should be given title deeds.
Priority should be given to developmental purposes which entails job creation.
The state should expand resources to support the agrarian revolution and provide implements to work the land.
The state should take strong action against land invasions irrespective of who owns those pieces of land under the guise of expropriation without compensation.
An institution should be established to monitor and evaluate how the resources and implements to facilitate the agrarian reform are being utilized.
2.26. The tax regime of the country: SADTU res 2.30 & NUM res 2.7
Here below is the consolidated resolution on taxation including on vat. Kindly indicate your approval before tomorrow morning 11.00. comrade please input.
Noting that:
a) The current tax system in SA is more regressive in that it takes more money out of the poor than the rich.
b) Inequality, poverty, and unemployment still are prevalent in South Africa
c) Given South Africa’s history, inequality is strongly correlated with race
d) Using the most recent figures, South Africa, is among the most unequal countries in terms of income distribution – based on the Gini index estimates from the World Bank
e) 2018 budget increased value added tax from 14% to 15%.
f) Government decision to unilaterally increase the VAT by one per cent
g) The VAT Act provides for the supply of certain so-called basic foodstuffs to be zero rated
Believe that:
50 | P a g e
a) The decision to introduce VAT increase has harmful effect on working class families and workers generally
b) VAT zero rating may not be the optimal way in which to relieve poverty. The effect of zero rating would be minimal as there are no price controls on basic. Whilst expanding the list of zero rated items may provide limited relief this would not be adequate to reduce high prices for food and other goods that are consumed by the poor and the working class.
c) VAT one per cent unilateral increase has in the main affected the most vulnerable in the society
d) Increasing progressive taxes, such as the higher rate of income tax, will take more income from those on high-income levels. This will enable cuts in regressive taxes (e.g. VAT/fuel levy) and increased welfare benefits which help increase the income of the poor, and close the government’s budget deficit.
Resolve that:
a) The Federation must apply for section 77 to reverse the VAT increase and initiate a proper and broader consultative process in this regard
b) The consultation process should focus s on reducing in a phased manner beginning from the 2019/2020 tax season with one per cent until it reaches the maximum of ten per cent
c) Increase progressive taxes that target the higher income earners
d) An increase in corporate taxes to 50%.
e) Establish a strong campaign against those that resort to tax havens outside of the country as a way of tax evasion and other such forms of corruption.
f) Campaign for price control on essential food items, transport and housing including on rental.
g) Review of tax incentives to private companies and to make them conditional on transfer of skills and technology to South Africans and hiring of South Africans.
2.27. On taxation of the OTT’s : CWU
Noting that:
a) The Information and Communications Technology (ICT) Industry has become highly globalized. All the major online players are global, not local. Google, YouTube and Facebook top the list of sites most visited by South Africans – not a single local website appears in the top 5 South African internet sites. In fact, within South Africa, Google-controlled websites are 30 times bigger than the biggest South African site. The impact is huge – in 2015, estimates put local internet advertising spend at R3.48 billion with R2.35 billion of this spend going to paid internet search, which means Google. Since Google transacts through off-
51 | P a g e
shore entities, the company avoids paying corporate tax on this revenue in South Africa, resulting in significant lost tax revenue. Careful consideration ought to be given to what the globalisation of the ICT industry means for South Africa.
b) Within the ICT Industry, the broadcasting or audio-visual sector is and will be the most affected by this globalization. Traditional broadcasters within the 3-tier South African broadcasting system (public broadcaster, commercial broadcasters and community broadcasters), who are inundated with compliance to local regulations and policies, will be highly impacted, in some instances to the point of shutting down. Global Over-the-Top (OTT) players have entered South Africa in a major way and have made a huge impact to how South African consume information and entertainment.
c) Globally, online video providers such as Netflix, Amazon Prime, Hulu and Apple TV are growing fast. Shifting consumer behavour from traditional linear, broadcast TV to time-shifted, VOD and always connected video is leading to a decline in traditional TV viewing in favour of online video, especially amongst younger generations. In large markets, such as the US, SVOD net additions have already overtaken subscriber net additions to traditional pay TV and traditional pay TV penetration is rapidly declining. Primetime TV ratings are also falling. Advertising revenues are expected to follow viewership shifts to online services. These markets often provide useful insights on upcoming developments in follower-markets. As such we can expect that traditional TV (both free-to-air and pay) in South Africa will increasingly face competitive pressure from Internet-based services.
Believing that:
a) Global OTT players do not operate in a regulated environment and their jobs are based in their countries of origin. The threat that these global OTTs bring to the shores of the country is that they are not required (currently) to comply to regulations and policies around the priority of job creation in the country. These OTTs enjoy unlimited access to revenues from the country and are in no way required to ensure creation of jobs. Netflix and YouTube are in the top 5 most visited TV/Video websites in South Africa and they are not encumbered by any of the country’s regulations, except VAT. With ever increasing access to broadband by households and declining data costs, the access that these global OTTs will have will continue growing, to the threat of local audio-visual players.
b) The +10 000 jobs created by South Africa traditional broadcasters is under constant threat from the non-leveled regulatory environment, which seems to favour OTTs more than traditional broadcasters. Tax income towards the fiscus is
52 | P a g e
also under threat, as global OTTs do not have the same compliance requirements as those of traditional broadcasters. Contribution to the GDP will dwindle, spending on SMMEs (no requirement for SMME development) will reduce to minimal or below minimal levels and ownership involvement, through BBBEE initiatives such as MultiChoice’s Phuthuma Nathi (+90 000 shareholders), will be overlooked.
c) The threat of global OTTs is one that has to be looked at and considered carefully, requiring the federation to take a proactive stance in ensuring that all players in the sector operate from a level playing field (through regulatory and policy interventions) and all contribute to the priority of job creation and security.
Resolving that:
a) To formulate clear policies that will protect jobs that have been created by the local audio-visual sector, comprised primarily of traditional broadcasters, which these policies should direct government towards ensuring the creation of a level playing field between traditional broadcasters and global OTTs;
b) To advocate for and require Government to create policies and regulations that will ensure that global OTTs contribute positively towards the fiscus, GDP and job creation;
c) To develop internal capacity within COSATU and relevant Affiliates, through skills development programmes, towards understanding the advent of the fourth industrial revolution and its effects on the local audio-visual sector; and
d) To create skills development programmes that will ensure development of capacity for workers within the sector, ensuring their preparation for and positive contribution towards the fourth industrial revolution.
2.28. BRICS Development Bank: SADTU
Noting that:
a) That the current downgrading of the economy in SA by rating agencies will perpetuate job losses, poverty and inequalities.
b) The grading agencies’ are obsessed with destroying emerging economies
Believing that:
a) That such is controlled by monopoly capital.
53 | P a g e
b) That rating institutions are manipulating the economy.
c) That BRICS with a potential to counter imperial forces to balance and cushion the drop in the economy.
d) The new BRICS block is a threat to IMF and the World Bank
Resolve that:
a) That BRICS development bank needs to expedite the establishment of its own rating agency to counter the dominance of monopoly capital rating agency, that we further use our influence in the alliance to achieve such.
3. Organisational Resolutions
3.1. Building COSATU Organisational Machinery (Organisational Renewal) :NEHAWU
Noting that:
a) The 12th National Congress decision to implement a programme of Organisational renewal- which include the proposal such an introduction of EXCO.
b) Establishment of standing committees and substructures based on practical experience with a view to co-ordinate our common activities and to guide implementation of our resolutions (even though these structures suffer poor attendance and participation by affiliates) such as Political Commissions, Socio-economic commission, Organisers Forums and Campaigns Committee.
c) The current configuration of the organisational mechanism of the federation, in most instances the implementation of resolutions tend to be voluntary on the part of affiliates.
d) The constitutional structures (CEC and PECs) generally lacks the mechanism to enforce implementation of resolutions of the federation by the centre and there are no vehicles for involvement of affiliates in implementation of such decisions.
e) The success and or failure of the federation is largely dependent on the affiliates (both objectively and subjectively) rather than on the synergic impact of an integrated and systematic work of the centre in conjunction with affiliates through working structures.
Believing:
a) All these challenges points to a need for a considered and more systematic configuration of central structures that may have appropriately defined authority and requirements of affiliates representation
54 | P a g e
b) That the September Commission report remains relevant in its argument that “to be effective, a union must have structures that perform their roles. Work must be planned. Policies and strategies must be developed and assessed on an ongoing basis. Programs must be implemented and monitored”
We therefore resolve to:
a) Establish CEC Commissions to deal with strategic priorities defined by resolutions. These commissions will be configured in a manner that aligns certain related priority areas and accordingly become umbrella bodies to which existing substructures such as NGC, IRC etc belong and report.
b) The CEC Commissions must each be composed by at least one COSATU NOB, one affiliate NOB and one supporting COSATU and affiliate official according to the specialised area of work
c) These commissions will submit their reports to the CEC and their work will be guided by Secretariat as a center which co-ordinates and oversees the implementation of federations programmes.
Organisation and Campaigns: amongst other things, this commission will plan, coordinate and drive the campaigns of the federation and support the General Secretary in building relations with other organisations around the campaigns. In addition, it would deal with organisational issues such as the recruitment strategy, membership data, mergers, constitutional matters, scope of organisation of affiliates, etc. The work and deliberations of the proposed National Organisers Forum will be considered by this commission.
Bargaining and Workplace Transformation: amongst other things, this commission will deal with and coordinate the implementation of the federation’s overarching bargaining strategy, employment equity and the transformation of the Apartheid workplace, the implementation of the four NEDLAC accords, labour market matters, etc. The JMC would be one of the committees belonging to this commission and other similar committees may be created.
Education and Gender: amongst other things, this commission will plan and coordinate the federation’s trade union education programme, including ideological and political training. Thus, it would have to establish structured relations, joint and coordinated programmes with the Chris Hani Institute and DITSELA. It will also oversee the work of the NGC and coordinate the federation’s engagement with external structures such as PWCSA, Gender Commission, etc.
55 | P a g e
3.2. The future of COSATU : SACTWU
Noting that
a) COSATU policy requires the Federation to work towards uniting the working class.
Believing that
a) Very little has been achieved to date, to realize our objective of uniting the working class.
b) Instead, there is increasing fragmentation of the working class, in particular of the organised trade union movement.
c) Such fragmentation undermines and weakens the struggle of workers to achieve ultimate political, social and economic emancipation.
Resolves that
a) The main task of COSATU , all its structures and all its affiliates in the period between this Congress and the next COSATU Ordinary Congress is to implement concrete steps to unite the working class, in particular the trade union movement.
b) COSATU should implement concrete steps within one month from the date of this Congress to commence the implementation of the task set out in “Resolve” clause 1 above.
3.3. Unity, Growth, And Consolidation : NUM
Noting that:
a) There is growing fragmentation of amongst COSATU affiliates with a potential adverse cumulative effects of weakening the various affiliates and COSATU itself
b) The fragmentation arises from internal in-fighting within COSATU affiliates which results in weakened Trade unions that are unable to effectively drive the agenda to represent , organise , and protect members from the brutal uncompromising capital
c) The lack of resolution of these fragmentations further creates weak splinter groups notwithstanding the need by these groups to continue affiliation with COSATU
Further Noting That :
56 | P a g e
a) COSATU affiliates have not implemented the resolution to undertake the mergers as previously resolved by the 11th COSATU National Congress.
b) The Federation will have to discuss the viability and the challenges of implementation of this resolution to avoid repeat of lack of enforcement of this Congress decision.
Believing that:
a) The weakened Trade Unions expose workers to further exploitation and abuse at the shop-floors
b) The weakened Trade Unions will lead to a weakened Federation which eventually shall defeat the broad unity of the workers to protect and advance worker rights.
c) Worker rights should be defended as Human Rights in this country and the world.
Further Believing that:
a) This fragmentation of Trade Unions and workers amongst COSATU affiliates compromises the quality of service to members
b) The fragmentation and divisions within affiliates of COSATU leads to disgruntlement and exodus of members to rival unions
c) Mergers and related infrastructural support by the Federation to facilitate unity will strengthen service delivery to members
d) United , and growing Trade Union movement will create a strong bargaining force to establish better and decent working conditions for South African workers
e) A united and growing Trade Union moment will unequivocally advance the collective interest of the workers across sectors and Industries in South Africa
57 | P a g e
Therefore Resolve that :
a) The current splits within COSATU affiliates must end as part of building unity and strong Trade Unions
b) The Federation must undertake the responsibility to facilitate the unity and consolidation of COSATU affiliates
Further Resolve that:
a) We reaffirm the 8th National Congress resolution on advancing 2015: Recruitment, Mergers and Cartels as stated in the 11nth National Congress of COSATU.
b) The Federation should undertake the review and re-examination process which must include lessons learned from previous mergers and their failures, as well as the ‘downstream’ effect of mergers on affiliate properties, funds, investments, and other assets.
c) Such examination must also deal with the structures of COSATU with particular emphasis on how the Federation`s Local Shop Steward structures can be rebuilt in a form that can deal with organising the unorganised into the Federation
d) Create membership for the workers outside of any evident sectoral linkages in a COSATU Workers Project to enable precarious and isolated workers to find a home within the Federation.
3.4. Review of Scopes, Implementation of Mergers and Strengthening of Policy On pouching :NEHAWU
Noting that:
a) The 6th and 12th National Congresses reviewed progress on mergers and adopted resolution on demarcation and pouching which were never implemented
b) Since 2007 there are many developments caused by proliferation of trade unions and new unions formed within the scope of existing COSATU affiliates.
c) Challenges of the extension of scopes of organising by COSATU affiliates which undermined the policy on pouching and failure to enforce the policy
d) Fragmentation of trade unions undermines solidarity even to unions organising in the same industry or sector
Believing:
58 | P a g e
a) That the developments in the different industries or sectors where COSATU unions organising cannot be ignored any longer and requires review
b) There is a need to do a thorough assessment of difficulties to implement previous resolutions of the 6th and 12th National Congress on mergers and pouching
c) That the unity of COSATU is dependent on stability of affiliates and solidarity and that the emergence of splinter unions must be discouraged
d) There is need to develop measures and tighter mechanism to address the overlaps in scope and implementation of resolution on mergers based on the current existing conditions and ever changing workplace
We therefore resolve to:
a) That the federation must undertake a thorough process of organisational review process of the scopes and demarcations of different industries and sectors.
b) Build strong unions on the shop floor to curb the emergence of splinter unions. c) The CEC to develop tighter mechanisms and measures to implement the
resolutions on mergers in order to strengthen the organisational capacity of unions operating in the same scope. This will minimise the challenges of pouching amongst affiliates.
3.5. Proposed resolution on the affiliation fees formula: SACCAWU
Noting that:
a) Both the Federation and its Affiliates’ reliable income is from membership subscription fees.
b) On commitment towards financial self-sufficiency and organisational self-reliance both the Federation and some of its Affiliates have established means of secondary income such as proceeds from investment companies.
c) There exist forms of workers that present different forms of challenges with regards to subscriptions fees of certain Affiliates, especially seasonal and non-permanent, atypical or casualised.
d) Affiliates pay for all activities that are convened by the Federation, at times including some incidentals and those that were never even budgeted for.
e) There is no established formula or strategy of intervention and/or intervention on the part of the Federation in dealing with financial and organisational problems flowing from these forms or patterns of membership; at best the affected Affiliate becomes a victim of ridicule and possible alternatives for its managed or somewhat decent demise or withering away through either a merger or take over, a practice which in our view is synonymous with Capitalist tendencies to stifle competition and market share.
Further noting that:
59 | P a g e
a) Under Capitalism we might unwittingly, at the absence of other references, fall into a trap of borrowing certain Capitalist concepts and bow to spontaneity as well.
Believing that:
a) The very nature and objectives of trade union’s existence is for solidarity and unity and not for competition and/or stifling of same.
b) The unique nature and characteristics of the different Affiliates cannot be ignored with a one-cap-fits-all approach, since such an approach is not equitable and it fails to appreciate the income base of various Affiliates.
c) A thorough analysis and understanding of the dynamics of different industries / sectors and unions could go a long way in strengthening and ensuring that there is sustainable and self-sufficient Federation and Affiliates.
d) Neglect of subscription fees dynamics within Affiliates becomes a deterrent to growth, consolidation and sustainability of affiliates and to some extent the organizational strength of the Federation.
Therefore Resolve That:
a) A feasibility study be conducted on an appropriate and equitable but effective and sustainable formula on Affiliation fees.
b) COSATU should either bear the full costs of all Executive Meetings of the Federation and incidental activities or apply a moratorium on affiliation fees increase during the Congress period until next National Congress.
c) The Federation to desist from convening as many expensive meetings beyond those budgeted for, with NOBs mandated to deal with all issues in between yearly planned meetings but within the framework of mandates, implementation plans of decisions already taken , normal operations and Policies of the Federation.
d) Proceeds of the Investment Company should be mobilised and properly directed to realise the Federation’s objective of self-sufficiency and self-reliance whilst relieving the Affiliates from paying for every Federation activity.
3.6. Building of Local Leadership: SADTU
Noting that:
60 | P a g e
a) COSATU Locals are the basic units of the federation.
b) There is a need to capacitate local office bearers.
c) The PECs should review performance of locals earlier for immediate interventions.
Resolving that:
a) The Federation in the provinces should develop and implement an intensive induction programme for locals.
b) A standard programmes monitoring and evaluation system should be established and implemented by the COSATU PECs in as far as the locals are concerned.
c) COSATU in collaboration with the SACP should revive the Socialist Forums and the Chris Hani Brigade with the view of producing ideologically rich leaders.
3.7. Reaffirming the ideological independence of COSATU and self-funding of activities: POPCRU and SADTU
Noting:
a. The ever changing international and internal balance of forcesb. The aggressiveness of the capitalist class to entrench its hegemony in
all spheres of societyc. The reality of challenging global economic situationd. That COSATU has in the recent past been faced with serious
organisational challenges which also affected the financial resources of the federation
e. That over the decades during the struggle against apartheid and after freedom the mass democratic movement inclusive of COSATU has benefited from international funding organisations
f. The ideological independence of COSATU is threatened by new agenda of international funding organisations whose modus operandi is a departure from the historic role they have played in fighting apartheid and helping build strong independent unions
g. The May Day Celebration is one of the most important campaigns of the federation that is hosted in all 9 Provinces
h. COSATU has serious resource based constraints that making it difficult to implement programmes
Believing
61 | P a g e
a) COSATU has a political responsibility to continue with the class struggle and shift the balance of forces in favour of the working class and the workers in particular
b) All effort must be employed to counter and defeat the attempts of the capitalist class and right wing to capture our movement
c) The economic situation is used by some funding agencies to weaken COSATU s ideological strength
d) Whereas the challenges that the federation has faced in the recent past have been disastrous but they are temporary and are being adequately addressed
e) Maintaining strategic and tactical relations with historical international and local funding organisations is critical and to the benefit of COSATU and the workers and a revolutionary duty to advance the unity of the global working class
f) The ideological independence of COSATU must be defended at all costg) The May Day Celebration provide a platform to launch and re-emphasize
the Federations Priority Campaignsh) Former leaders of the federation and those of the various affiliates have a
revolutionary responsibility to advise the workers about the progress or lack thereof of worker bias policies that are being advanced through their participation in policy making processes and decision making in government, parliament and other sectors.
i)
Therefore Resolve that :
a) Affiliates of COSATU must take an urgent matter of interest the programme of action to re-assert COSATU as the driving force in our country and internationally
b) COSATU through its affiliates must adopt a programme to fight against a capitalist invasion of our ideological realm
c) COSATU and its affiliates must be vigilant and put in place mechanisms that will ensure that those organisations that fund our activities do not set the agenda for us
d) COSATU must maintain strategic relations with some international organisations that fund our programmes and that such funding is at COSATU terms and must not temper with the ideological trajectory of the federation and its affiliates
e) COSATU and its affiliates must adopt a mechanism to self-fund international programmes of COSATU in order to minimise and eliminate the threat of funder agency capture of the federation
f) With full understanding of the implications of self-funding, it is a necessary safety mechanism to defend the federations ideological independence from international lobby groups
g) The Federation establish a dedicated May Day fund and the May Day Fund should be funded through a debit order facility targeting former leaders of the federation and those of various affiliates, progressive activists on a voluntary basis-to look at a range e.g. SACP
62 | P a g e
h) COSATU develops a comprehensive self-funding mechanism to ensure independence and worker control. This must include the involvement of former leaders who must be enrolled for this task
i) The former leaders of the federation and affiliates must be encouraged to contribute towards the financial well being of the federation on a monthly basis and that a debit order facility for this purpose must be put in place.
3.8. Proposed Amendments from Constitutional review committee and further submissions by Affiliates
Background
a) In a number of COSATU congresses affiliates have been raising proposals on constitutional amendments. The federation is currently faced with various challenges involving affiliates. Some of these issues include intervention into affiliates and affiliates withholding subscriptions. Some unions were concerned that there was not sufficient time to consider the implications of these amendments. As a result, a CEC constitutional review committee was formed.
b) The 2017 central committee also considered some of the proposed amendments but did not exhaust the discussion on these issues. The central committee has endorsed the work of the committee.
c) The report below was subject of a discussion at the CEC special political commission workshop.
d) The August special CEC has adopted this report for presentation to the 2018 13th Congress.
Reasons for amendments
a) At the time when the COSATU constitution was drafted in 1985 there was harmony and a common understanding of the working class struggle and national struggle as led by the ANC. However, today a COSATU affiliate can take the federation to court such as in the case of NUMSA and others v COSATU.
b) There is a need to ensure alignment on how national office bearers, PEC’s and locals are elected and execute their functions.
c) Over the years there have been some constitutional amendments. However, some of the sections were left unattended and have resulted in ambiguities. For example when the COSATU Executive Committee was removed the alignment with other sections in the constitution was not done. FINCOM used to report EXCO. After EXCO was abolished the FINCOM continued meeting every month.
d) There is need to look closely at the constitution, analyse problematic areas and suggest solutions for presentation to the congress.
63 | P a g e
3.8.1. Proposed amendments
3.8.1.1. Re-introduction of EXCO
a) The Constitution should provide for the re-introduction of EXCO to assist CEC to carry out its administrative responsibilities including approving reports from Department and provinces and to give direction where necessary, acquire or lease properties, receive invitations. The scrapping of EXCO has weakened the implementation of the COSATU programmes.
b) The commission agreed that there is no need for an EXCO and that we do not need to constitutionalise the secretariat forum. Whilst the reintroduction of EXCO was not accepted it was noted that CEC should be given space to finish its agenda on time and within the standard timeframe of three days.
c) It was further noted that NOB functions and powers need to be clarified and strengthened. The powers of office bearers are mentioned in clauses 9-10.2.
3.8.1.2. Reducing the number of delegates to provincial congress
a) The current clause 6.2.2.2 states that each affiliate is entitled to one additional representative for every additional 250 members. Clause 6.2.2.2 of the Constitution on the composition of provincial congress should be amended to provide for one additional representative for every additional 500 members. The effect of the clause would be to reduce the number of delegates to congresses. The motivation behind this proposal was that affiliates are different in terms of membership and financial resources and as result, some of the affiliates may find it difficult to send members to Congress due to lack of resources.
b) The commission observed that the status quo should be retained and did not accept this proposal.
3.8.1.3. Processing of National Congress resolutions
a) It is proposed that the constitution should provide for a time frame within which affiliates should submit resolutions to the general secretary and for circulation of the draft resolutions before the Congress. The current 30 days as set out in clause 3.7.1 should be increased to 60 days before the national congress and for the general secretary to circulate draft resolutions 50 days before the Congress is held. The effect of the proposal will be to ensure that affiliates have adequate time to prepare and discuss the consolidated resolutions before the Congress.
b) The commission agreed with the rationale for this proposal because affiliates need to adequate time to prepare for the National Congress. However, it noted that the implementation of the resolution may require early congress preparation.
c) It was further noted that it was not clear how this was going to affect the notice of convening the congress.
64 | P a g e
d) The commission agreed that the status quo should remain as set out in clause 3.7.1 and therefore, congress will have to decide on this proposal.
3.8.1.4. Nomination for election of office bearers
a) It is proposed that the closing period for nominations of office bearers should be 30 days before the National Congress and the names and positions of the nominees shall be circulated to affiliates in good standing 20 days before the congress. The proposal would have the effect of introducing a new clause 3.5.7. The committee noted that there is a need to ensure an early and orderly nomination process so as to avoid unnecessary divisions among affiliates. The constitution is silent on the nomination process except to state that nominations must be send to an independent body e.g. the IEC.
b) The commission observed that Congress’s power to re-open the nomination process should not be taken away.
c) It was further noted that the election of COSATU leaders is a business of congress, that the IEC report is also about the leaders’’ standing as well and it is congress that accepts or rejects the IEC report and that in this context Congress can reopen nominations.
d) The commission observed that the current practice be kept intact and that there should be no restrictions on the powers of congress to reopen nominations.
e) However, there was a strong view that the fact that the constitution is silent on circulation of nominees for elections is a recipe for chaos which may hamper smooth processes of election of office bearers.
3.8.1.5. The effect of a transfer of a COSATU elected office bearer from one affiliate to another affiliate
a) It is proposed that when an NOB is “transferred” from one affiliate to another the NOB should maintain his or her position subject to the following requirements; (1) He/she must be elected as a shopsteward of the affiliate to which he or he has been transferred to, (2) In terms of the constitution of that affiliate, and (3) Within a period of two (2) months from the date of the transfer.
b) The proposal would have the effect of introducing a new clause 9.6.3 regarding the transfer of an NOB to another affiliate.
c) The reason for the proposal is to ensure the stability of leadership across all COSATU structures.
d) The commission observed that the constitution is clear on what happen when there is a change in the position of the COSATU leader between election and the end of term of office. Clause 9.6.1 states that an NOB must vacate his or her position in situations mentioned from clauses 9.6.1.1-9.6.1.3. As a result, a transfer from one affiliate to another does not exist. It was noted that this proposal may contradict other clauses in some of the affiliates’ constitutions which state that a person loses shopsteward position when that person loses his or her job.
65 | P a g e
e) The commission did not accept the proposal because workers must always have control over the election of shopstewards including national officer bearers.
3.8.1.6. Minimum membership threshold
a) It is proposed that the constitution should provide for a minimum threshold membership requirement for new and existing affiliates in order to avoid there proliferation of small rival unions, and to ensure that COSATU has strong unions. It is not the intention of the proposal to dis-affiliate existing affiliates and to block new unions from joining COSATU.
b) Currently there is no minimum threshold for registration as a trade union in law and for admission as an affiliate of COSATU.
c) The commission agreed that there was no basis for an amendment of the constitution to introduce a membership requirement. The CEC must decide each application for membership of COSATU on case by case basis as the Federation is not a bargaining council. The commission did not agree with this proposal.
3.8.1.7. Weighted voting electoral system
a) It is proposed that CEC delegates should vote in accordance with a mandate from their respective unions and the voting in the CEC should be based on the membership of an affiliate at the relevant time and that affiliates should vote as a block rather than as individual delegates from affiliates.
b) The commission noted that when the CEC meets it is a meeting of delegates or participants and not of affiliates. However, a motion must be moved by an affiliate. As a result, individual delegates may end up voting against a mandate from the union.
c) The commission felt that the weighted voting system might discourage lobbying and observed that the each affiliate should influence all CEC decision irrespective of their levels of membership.
d) The commission did not accept this proposal.
3.8.2. Other constitutional issues raised by the Committee in the context of the above discussion
3.8.2.1. Filling of vacancies at PEC level
Clause 5.1.7 provides that where there is vacancy at the Federation level the CEC can fill that vacancy. However, the Constitution is silent on the filling of vacancies at the provincial level. The commission agreed that the constitution should be clarified in order to be consistent with clause 5.1.7.
66 | P a g e
3.8.2.2. Term of office
a) There is a need to review the term of office of the NOB’s as set out in clause 3.6 to a five year term instead of the current three years. Whilst some were in favour of increasing the term to 4 years some were arguing that it should be increased to 5 and eventually the committee agreed that the terms of office should be increased to 4 years.
b) The commission noted that there are too many national meetings and that we need to realign our congresses; local, provincial and national congress. We must avoid having congresses of cosatu in one year. Provincial congresses should be convened a year before the cosatu national congress.
c) Provinces congresses must also be for a 4 year period and that Provincial congress must start the year before the national congresses.
d) The commission recommended that the term of office of provincial congresses NOB’s should be for 3 years.
I. This would ensure full and effective implementation of COSATU resolutions and will mitigate the financial implications of convening a National Congress every three years. The commission noted that the decision to have a shorter term of three year term was motivated by the need to ensure worker control. The commission unanimously agreed that there should be an extension of the current 3 year term of office mainly because the Federation’s Congress is expensive especially if it is held in a short space of time.
II. The commission agreed with this proposal.
3.8.2.3. Decision making in the CEC and PEC’s
a) According to the current practice, a decision is taken if there is a proposed motion and the motion is seconded. However clauses 5.6.1 (on CEC decision making) and 11.4.1-11.4.2 (on standing orders and rules of procedure at federation meetings) provides that a decision is taken if the motion is duly seconded and a simple majority of people in favour of the motion vote in favour thereof unless otherwise provided for in this Constitution. In this context the issue of voting should be revisited especially in the case where one motion is unopposed. There should be an express clause on unanimous consent or consensus if there is no objection.
b) The current clause means that even if there is one motion that motion must be tested by an ordinary majority vote or 50 plus one. If there is a dissenting voice there must be a vote. Whilst motions must be moved by affiliates decisions must be taken by participants or individual delegates because a motion must be supported by a simple majority of the participants.
c) The committee proposed that a decision should be regarded as taken if the motion is unopposed without the need to get majority support or 50 plus one votes. This would ensure that there are less delays in the decision making process.
d) The commission agreed with the proposal with the proviso that this issue is taken for further legal opinion to ensure that there is fairness in decision making without
67 | P a g e
trampling on dissenting voices because the constitution is subject to the constitution of the republic.
3.8.2.4. Form of voting
Clause 5.6.2 provides that decisions of CEC must be made by show of hand or ballot. Some of the delegates may be scared of voting by hand. The commission noted that there should be a constitutional requirement for a secret ballot in all cases should there be a motion whether or not to vote by hand or in secret.
3.8.2.5. Absence of a provincial shopsteward council
There is a need to constitutionalise the Provincial shopsteward council. Currently the constitution only provides for a local shopstewards council in clause 8. Provincial shopsteward councils should be granted more powers. The commission felt that the provincial shopsteward council should remain a campaigning structure and could not find any compelling reasons to constitutionalise it.
3.8.2.6. COSATU FINCOM
a) In terms of clause 12.6.3 the FINCOM must meet every month. This was a requirement when EXCO was in existence. When EXCO was removed from the Constitution the one month meeting period was not changed. There is lack of compliance with this requirement and this may amount to dereliction of duty.
b) The commission agreed that the FINCOM meetings should be aligned with the period of the CEC or three months as the committee is reporting to the CEC.
3.8.2.7. Provincial congress
a) The need to have 9 COSATU provincial congresses in the year of the national congress is very expensive and each Congress costs about 2 million rand. There may be a need to have provincial elective congress during the term of office of COSATU NOB’s.
b) As a consequential amendment to the terms of office of the NOB as discussed above provincial congresses should be convened a year before the national congress.
3.8.2.8. Suspension of an office bearer
68 | P a g e
Clause 8.6 of Constitution provides for suspension of a local office bearer. However, the constitution is silent on the suspension of a provincial and national office bearer. There is need for harmonisation and consistency.
3.8.2.9. Gender structure
a) There is a need to promote gender equality in the federation particular in relation to sexual harassment. It is proposed that the Constitution should provide for a gender structure as set out below. This is a resolution of congress which must be implemented immediately. The commission noted that additional work is needed to integrate the gender structure in the constitution without amending the resolution as adopted by the 12th congress.
b) The commission noted that the gender structure must act within the affiliates and shall be a committee of the executive committees of COSATU.
2ND DRAFT - THE CONSTUTIONALISATION and REPRESENTATION OF COSATU GENDER STRUCTURES
IMPLEMENTATION OF THE RESOLUTION ADOPTED AT THE COSATU 12TH NATIONAL CONGRESS 23 – 26 NOVEMBER 2015.
GENDER COMMITTEES
1. ESTABLISHMENT OF GENDER STRUCTURES, PURPOSE AND STATUS
1.1. Gender Committees shall be established at all levels of COSATU.
1.2. The Gender Committees shall be sub committees of the respective Executive Committees.
1.3. The CEC is empowered to oversee the establishment and functioning of the gender structures including monitoring the implementation of the Gender policy and empowerment of women.
1.3. Matters relating to the functioning of the structures shall be in accordance with the provisions of the COSATU Constitution and policies.
1.4. Only workers shall be eligible to stand for Office Bearers positions in accordance with the COSATU Constitution clause 3.5.3.
1.5. The Gender structures shall have in their meetings and office bearers structures no more than 1/3 men.
1.6. The Gender Committees shall attend to any matter referred to them by the respective Executive Committees or Congresses whilst retaining powers to address any matter of gender discrimination or of failure of the structure to implement organizational and or gender policies
2. PURPOSE AND FUNCTIONS
2.1. The Gender Structures shall ensure that:
2.1.1. women in their affiliates are empowered and developed to lead their struggle against patriarchy and capitalism;
69 | P a g e
2.1.2. women occupy leadership positions including traditional male leadership positions;
2.1.3. monitor and report on the measurable targets resolution;
2.1.4. raise gender awareness amongst women and men;
2.1.5. develop strategies on gender and women specific policies, programmes and activities which can be effectively implemented to give effect to the Comprehensive Gender Policy;
2.1.6. gender is mainstreamed in all activities and programmes of COSATU;
2.1.7. COSATU structures and activities are composed of by at least 50% women;
2.1.8. strong and vibrant gender structures are built to strengthen COSATU
2.1.9. champion the cause of women at the workplace, and in affiliates, the labour movement and society as part of the mandate of the working class struggle for socialism;
2.1.10. Evaluate and develop further strategies at the respective Gender
Conferences;
2.1.11. Account and submit reports to the respective constitutional structure through the Gender Structure delegates.
3. COMPOSITION. MEETINGS AND REPRESENTATION OF GENDER STRUCTURES
3.1. LOCAL GENDER COMMITTEE (LGC)
3.1.1 COMPOSITION
3.1.1.1 The LGC shall comprise of two (2) gender representatives per affiliate, Local Gender Office Bearers and LOB designated to Gender, as elected by the Local Gender Shopstewards Council and endorsed by the Local Gender Executive Committee.
3.1.1.2. The LGC shall elect from amongst themselves a local gender chairperson, deputy chairperson, secretary and deputy secretary, whom shall co-ordinate the day to day activities of the local gender activities;
3.1.1.3. The Local Gender Chairperson and Local Gender Secretary shall attend the Provincial Gender Committee.
3.1.2. REPRESENTATION
3.1.2.1 The Local Gender Chairperson and Local Gender Secretary shall sit on the LEC.
3.1.2.2. The Local Gender Chairperson and Deputy Chairperson shall form part of delegations to Provincial and National Activities and associated organizations where appropriate.
70 | P a g e
3.1.3. MEETINGS
3.1.3.1 The LGC shall meet once per month.
3.2. PROVINCIAL GENDER COMMITTEES (PGC)
3.2.1. COMPOSITION
3.2.1.1. The PGC shall comprise of affiliate gender chairperson and gender co-ordinator or duly nominated representative of that affiliate where that affiliate does not have a gender structure;
3.2.1.2. The Provincial Gender Chairperson, Deputy Chairperson, Secretary and Deputy Secretary, and Provincial Gender Co-ordinator
3.2.1.3. The Provincial Office Bearer designated to Gender.
3.2.1.4. COSATU Provincial Officials.
3.3. REPRESENTATION
3.3.1. The Provincial Gender Chairperson and Provincial Gender Secretary
shall sit on the Provincial Executive Committee.
3.3.2. The Provincial Gender Chairperson and Gender Secretary shall form part of delegations to Provincial and National Activities and associated organizations where appropriate.
3.3.3. MEETINGS
3.3.3.1. The PGC shall meet at least four times per year or as otherwise determined by relevant structures.
3.3.3.2. The PG Office Bearers and Co-ordinator shall co-ordinate the day to day activities of the PGC in between meetings.
3.3.4. PROVINCIAL GENDER CONFERENCE (PGConference)
3.3.4.1. The PGConference shall compose of the Provincial Gender Office Bearers; Provincial Gender Co-ordinator, PG Office Bearer Designate and other Provincial Office Bearers and Provincial officials;
3.3.4.2. Maximum of ten (10) delegates per affiliate or duly nominated representatives of that affiliate where that affiliate does not have a gender structure.
71 | P a g e
3.3.4.3. The PGConference shall elect the PG Office Bearers.
3.3.4.4. The PGConference shall meet once every three years before the
Provincial Congress.
3.4. NATIONAL GENDER COMMITTEE (NGC)
3.5.1. COMPOSITION
3.5.1.1. The NGC shall comprise of four affiliate delegates of which shall be the National Gender Chairperson, National Gender Co-ordinator, NOB designated to Gender, Women CEC delegate or a National Gender Structure member; or duly nominated representative of that affiliate where that affiliate does not have a gender structure;
3.5.1.2. The National Gender Chairperson, Deputy Chairperson, Secretary and Treasurer, and National Gender Co-ordinator;
3.5.1.3. The National Office Bearers designated to Gender;
3.5.1.4. Heads of Departments
3.5.2. REPRESENTATION
3.5.2.1. The National Gender Chairperson and National Gender Co-
ordinator shall sit on the Central Executive Committee and delegates to the Central Committee and National Congress.
3.5.2.2. The National Gender Chairperson and Gender Co-ordinator shall form part of delegations to all other national activities and associated organizations where appropriate.
3.5.2. MEETINGS
3.5.2.1. The NGC shall meet twice per year or as otherwise determined by relevant structures.
3.5.2.2. The NGC Office Bearers and Co-ordinator shall co-ordinate the day to day activities of the NGC in between meetings.
3.5.3. NATIONAL GENDER CONFERENCE (PGConference)
3.5.3.1. The NGConference shall compose of the NGC Office Bearers; National Gender Co-ordinator, NGC Office Bearers Designate and other National Office Bearers and Heads of Departments.
3.5.3.2. ten (10) delegates per affiliate or duly nominated delegates of an affiliate where that affiliate does not have a gender structure;
72 | P a g e
3.5.3.3. The NGConference shall elect the NG Office Bearers.
3.5.3.4. The NGConference shall convene every three years before the
National Congress.
------------------------------------------------------------------------------------------------------------
Further the COSATU constitutional clauses shall accordingly also be amended as follows to ensure representation of gender structures
NATIONAL CONGRESS
3.3. insert new 3.2.1.8. delegates from the gender structures as contemplated in clause ….(on the gender structures and representation);
CENTRAL COMMITTEE
4.2. insert new 4.2.3. Delegates from the gender structures as contemplated in clause…. (ibid);
CEC
5.2. insert new 5.2.3.3. Delegates from the gender structures as contemplated in clause… (ibid) ;
PROVINCIAL CONGRESS
6.2. insert 6.2.2.3 Delegates from the gender structures as contemplated in clause … (ibid);
PEC
7.2. insert 7.2.2.3 Delegates from the gender structures as contemplated in clause … (ibid)
LEC
8 insert new 8.1.3.2. Delegates from the gender structures as contemplated in clause … (ibid)
3.8.3. Autonomy of affiliates
a) Clause 2.3 states that affiliates are autonomous and that they must abide by the policies of the Federation. There is need to clarify this section to ensure that there is clear guidelines on when can CEC intervene in the affairs of the affiliate, at whose request and in which matters and the role of NOB’s in this regard. Clause 5.1 on powers of the CEC is silent on the issue of intervening in affiliates’ affairs.
b) The commission observed that when read broadly as a whole the constitution does provide the CEC with intervening powers. However, it acknowledged that
73 | P a g e
the absence of a direct provision stating that the CEC has powers to intervene may result in different views among affiliates and court challenges.
c) The commission agreed that clause 2.3 of the constitution must not be tempered with. However it agreed that the clause may be strengthened by making it clear that ‘’the federation through the CEC may intervene in affiliates’ affairs in certain circumstances as set out in the policies of the federation and
d) That the 2001 1st Central Committee resolution below will be used to develop these policies without undermining clause 2.3.
3.8.4. Resolutions of the COSATU 1st Central Committee Held on the 19 - 21 November 2001 At Essepark - Kempton Park on cosatu intervention in the affiliates
Affiliates
Noting:
1. The need for the Federation to intervene in affiliates where deep seated conflict and crises exist.
2. The need for an induction process so that new affiliates learn about Federation principles, policies and practices.
Believing:
1. The Sixth National Congress sufficiently debated the question of Federation intervention.
Resolve:
1. To adopt the proposal in the Organisational Review Report that COSATU be officially mandated to intervene when an affiliate:
a. Experiences a deep political conflict that creates a crisis in the union.
b. Experiences a serious administrative or organisational crisis;
c. Adopts or implements policies that contradicts COSATU positions.
d. Cannot grow or reach large groups of workers in their sector because of a lack of resources or inability to develop or implement appropriate strategies.
e. Does not adhere to demarcation decisions.
2. The nature of the intervention should depend on the crisis.
a. In the case of political conflict or disagreements on policy, COSATU and affiliates NOB must intervene.
b. For internal administrative or organisational problems, a team with appropriate expertise, led by an NOB, should provide support.
c. The organising Committee is responsible for supporting weak affiliates, based on strategies established by the Secretariat.
74 | P a g e
d. Demarcation disputes should be handled by a demarcation committee established by the CEC, consisting of a COSATU NOB and two affiliate General Secretaries, and reporting to the CEC.
3. COSATU must develop detailed policy guidelines on intervention and submit them to the CEC for finalisation.
4. COSATU’s organising unit must develop an induction programme for new affiliates, with timeframes, that includes:
a. Education for shop stewards and officials as well as leadership on COSATU’s principles, history and major programmes and aims, and
b. Indicates when and how the new affiliates must adhere to COSATU’s constitutional principles.
5. COSATU’s Education Unit will implement the induction programmes.
3.8.5. The resolutions submitted by affiliates extracted from Book 4 of the 2018 congress documents. Resolutions 4.6 to 4.14
3.8.5.1. Character Of The Federation - Legal Status : POPCRU and SADTU
Noting that:a) That clause 1.2 of the Constitution provides for the Legal status of the
Federation;b) Further that the Constitutional provision in this regard is narrow and subject to
various interpretations e.g. the assets clause in the Constitution;c) That the Constitution does not provide for liability of the Affiliates towards the
Federation;d) That the constitution does not have a clause that enables the Federation to hold
shares in a profit making entity.e) That the logo and intellectual property of COSATU is not registered and may be
abused
Believing that: a) That it is in the best interests that clause 1.2 be broadened. It is further in the
interest of the Federation that the constitution should not be subject to various interpretations;
b) That such liability of Affiliates towards the federation must be contained in the Constitution so that it can be enforceable;
c) That the Federation needs to have investments in profit making entities.d) COSATU has a responsibility to protect itself, its name and property
Resolve that:a) Clause 1.2 should be amended to read as follows:
75 | P a g e
b) The Federation is a corporate body with perpetual succession and legal existence independent of its affiliates;
c) The federation can in its own name:
d) Enter into contracts;
e) Sue; and
f) Be sued;
g) No affiliate has any right to the federation’s assets.
h) The liability of individual affiliates is limited to the amount of their outstanding subscriptions or other monies due to the federation;
i) The federation is an association not for gain or profit making;
j) The federation may be a shareholder in a profit making entity incorporated as such in terms of the company laws of the Republic of South Africa, as amended from time to time.
k) A new clause 19 on registration of the Name of COSATU and LOGO is inserted in the constitution to read as follows:
The names “COSATU ”, the “Congress of the South African Trade Unions” and the COSATU LOGO” are the registered trademarks with Companies and Intellectual Property Office (CIPRO), Department of Trade and Industry, and therefore the sole trademarks and intellectual property of COSATU . No person, body, agency or affiliate or other institutions, whether in person or official capacity may have the right to use the said trademarks unless it is registered user in terms of a written agreement of assignment of trademarks between the Federation and such person, body or institution.
3.8.5.2. Strengthening the leadership capacity of COSATU and redefining the POWERS & DUTIES OF NOBS & POBS : POPCRU/ SADTU/CWU
Noting that:
a. National Office Bearers of COSATU are defined as Worker Office Bearers and Officials;
b. The ambiguous definition of NOBs creates confusion and contradiction in the constitution;
c. The definition of office bearers deprives other NOBs their constitutional obligations in discharging their duties as elected political leaders;
d. The current election guidelines do not provide clear nomination and election of all NOBs;
Believing that:
a. All NOBs are political leaders and decision makers;
76 | P a g e
b. The NOBs are critical in ensuring the day to day running of the federation;
c. All NOBs are elected as equal political leaders of the federation with equal status;
d. Continuity and building unity in the federation is paramount;
e. Development of a consistent election policy and guidelines at all levels will create unity and efficiency in election of leaders.
Resolve that:
a) All NOBs must be elected and granted decision making powers by the constitution;
b) Whereas NOBs are elected to perform different tasks and roles, they must be defined in one form as NOBs;
c) In order to build unity and cohesion, the definition of officials must only refer to non-elected employed staff of the federation;
d) All NOBs must have the right to vote and take decisions;
e) All matters relating to elections must be contained in an elaborate elections policy of COSATU.
3.8.5.3. Term of office: CWU/POPCRU
Notinga) The frequency and costs of convening COSATU meetingsb) The discrepancy in aligning with the political calendar of the countryc) That the current term of office not enough for the elected collective to implement
all congress resolutionsBelieving that:
a) The 3-year term has become more expensive for our federation, to convene congresses in every 3 years and simultaneously with Provinces.
b) The task given to the National Office Bearers of the Federation is not apolitical however inclusive.
c) Therefore, we need an almost alignment to that of the political dispensation in our country. However, in cognizance of the industrial and or labour dynamics we cannot outright go with a 5-year term like political parties.
d) COSATU congresses must take into cognizance the political calendar of the country
e)
Resolving that:
a) The term of the National Office Bearers to be extended to 4 years – term. b) Provinces and the National Conferences must not be convened in the same year
and their terms of office should remain 3 years.
77 | P a g e
3.8.5.4. Building Organisational Capacity at the Provincial Level : POPCRU/SADTU/SACCAWU
Noting that:a) The current Provincial structures comprised of four [04] office bearers i.e.
chairperson, deputy chairperson, secretary and Treasurer in terms of section 6.1.3 [subsection 6.1.3.6] of the federation’s constitution;
b) There are glaring challenges in terms of the functionality of the provincial COSATU structures and that the Secretariat is the operational nerve centre of the federation at all structural levels.
c) The current Provincial structures especially at the Secretariat level are limited and this situation hinders service delivery to the affiliates with the growth of membership from individual affiliates;
d) The federation’s programme on membership growth which demands for professional service delivery to the affiliates and membership.
e) In some constitutional meetings of COSATU the chairperson and Secretary do not have voting powers
Believing that:a) There is a need to have elected leadership that is fit for a purpose at Provincial
level;
b) These challenges have a definite negative bearing on the functionality of the COSATU locals and that the operational machinery of COSATU in the provinces should be enhanced drastically.
c) The federation has the capacity to give effect to the amendments of its own constitution to be in par with the changing trends in the spaces where it operates and Capacity building at Provincial level will enhance service delivery to affiliates and its members; level.
d) The POB’s are political leaders with decision making powers where applicable
Resolve that: a) To enhance capacity of the Provincial structures by creating the position of a
Deputy Provincial Secretary of the federation;b) To elect well-acquainted Provincial leaders as Secretaries in particular to
enhance service delivery and administrative capability for the effective implementation of political and administrative programmes;
c) To amend all such clauses and sections dealing with Provincial structures such as section 6.1.3 [subsection 6.1.3.6 and section 6.5 – subsection 6.5.1] to include a position of Deputy Provincial Secretary and give effect to proposed amendments;
d) To further amend section 6.2 – composition of Provincial Congresses this will include the Deputy Provincial Secretary.
e) The Provincial Chairperson and Secretary must have decision making powers where applicable.
3.8.5.5. Autonomy of affiliates & the responsibilities of the federation: SADTU
Noting that:
78 | P a g e
a) Clause 2 of the Constitution of COSATU defines the contract between the federation and its autonomous affiliates.
b) The clause reaffirms the autonomy of the affiliates and further guides that the affiliates shall abide by the constitution and resolutions of COSATU
c) Some affiliates have recently experienced major challenges but would flatly refuse any interventions by the Federation as directed by the CEC sighting interference.
Believing that:
a) The clause must be restructured such that it must be made clear that upon its acceptance into the federation, an affiliate automatically agrees that it will provide space for the federation to INTERVENE and abide by its decisions should the need arise.
b) That the clause on miscellaneous can also be amended to include the provision for intervention, mediation, facilitation and any dispute resolution process to help the affiliate experiencing internal or leadership challenges.
c) A policy to explain and qualify the conditions under which the CEC can intervene to the extent of convening a congress of a union
Resolved that:
a. Section 2 be amended as follows:
Delete ‘and’ in clause 2.1.1.1 and insert the ‘and’ after clause 2.1.1.2
New clause 2.1.1.3 ‘ Complies with the intervention processes and policies.
b. Section 5.1.9 be amended as follows:
5.1.9.4 “ Conducting dispute resolutions processes including but not limited to intervention, mediation, facilitation, convening special conferences or congresses for affiliates
4. International Resolutions
4.1. International affiliation : CWU
Noting that:
The debate around the international affiliation is at its peak, and affiliates have different views on the matter. A number of affiliates of COSATU have affiliated to WFTU,
Believing that:
79 | P a g e
Should the matter not be handled with care and sensitivity it has a potential of derailing the federation from its primary objectives.
Resolving that:
a) COSATU should have dual affiliation.b) Affiliates that had directly affiliated to any of the international bodies, should
withdraw and allow a federation to affiliate on behalf of all affiliates.
4.2. Draft Consolidated Resolution On International Solidarity- Resolutions Committee
Background
COSATU is a federation born of workers struggle for working class power. International solidarity is one of our core founding principles, hence its centrality in our daily struggles and programmes.
We have and continue to liaise closely with various workers organisations, progressive forces and peoples organisations that are in the trenches against exploitation, oppression and for human dignity all over the world.
We place a very high premium on the struggle against imperialism, racism, sexism and apartheid in any and all their forms. Towards that end, we are struggling for freedom from poverty and plunder, and for equality, democracy and justice for all.
Workers daily struggles at the workplace all over the world, are our struggles too and we support them, as we also build and mobilise solidarity for our own struggles too, as working people in this part of the world.
As we do so, we remain firmly rooted in our class traditions and on the actual conditions of the African people and their integrated and historic struggles. Our region, SADC is our core anchor and base of our solidarity work to build a new, just and humane world system.
80 | P a g e
Our struggles for democracy, justice, equality, dignity and environmental justice are an integral part of and inextricably linked to our broad struggle against capitalism and all forms of exploitation, oppression and injustice.
In her article, “Poor places. Rich places. Can geography explain it all?” written last year, Nga Thi Viet Nguyen made this interesting observation, “Tell me where you live, and I can predict how well you’ll do in life.” She goes on to say, “Although I don’t have a crystal ball, I do know for a fact that location is an excellent predictor of one’s welfare. Indeed, a child born in Togo today is expected to live nearly 20 years less than a child born in the United States. Moreover, this child will earn a tiny fraction—less than 3%—of what his or her American counterpart will earn”.
This is the life and condition of the African child, the African women, the African worker and the African being herself. A story of inherent poverty, unemployment, inequalities as the permanent defining features of our existence, let alone the search for decency; decent work, decent life and decent being
The Class context of our struggle and the Political economy of global imperialism
“The need of a constantly expanding market for its products chases the bourgeoisie over the entire globe. It must nestle everywhere, settle everywhere, establish connections everywhere.....”. Marx and Engels, 1848, the Communist Manifesto
Capitalism is a system based on generalised commodity production on a world scale, for narrow private profiteering. This gives context to the world economy becoming more and more a unit structured by and in the interest of the most developed imperialist countries, the dorminant global centres of capital accumulation. The export market largely shape the type, quality, specialty and overall and purposed design of what is produced and in what quantities.
The deeper the level of internationalisation of capital and the productive forces, the more intense the class struggle itself, both in its organisational and internationalist forms. History has proven that the internationalisation of revolutions and counter-revolutions, exploitation and resistance, oppression and struggle, constitutes the
81 | P a g e
essence or foundation for a revolutionary international of workers. In one word, the class struggle has no boundaries.
The working class is increasingly faced with a profound reality, the urgent need for even more sophisticated forms of solidarity, organisation and tighter coordination as a class, on a global scale. The global system of capitalism is ever facing deeper crisis, but without an advanced form of working class organisation on an international scale, the crisis wont be turned to workers victory.
The struggle for democracy and workers power is at the same time a struggle for a new and democratic economic system, decent work, economic justice and gender equality to end all and every form of exploitation and suffering.
It is a struggle against parasitism, corruption, greed, economic exclusion and unemployment of the majority. These are not accidents or natural factors, but products of a deliberate system of political, economic and social monopoly over power by a few elites, both local and international.
The capitalist system is more vicious in the way of manifest itself on the African continent, the most brutally suffering outpost of human experience, that requires special and dedicated focus, but not in isolation from its international and global context. Corrupt elites as both extension of the global rich elites and in their own right as self-serving elites against their own people, are a key part of the predatory system.
The stakes are so high, foreign policy is an assemblage of powerful military and economic interests intertwined with political power. To illustrate this point vividly, David Horowitz, writing in Corporations and the Cold war, had this to say, “By 1949, the United States had liens on some 400 military bases, while the expansion of direct overseas investments was taking place at a phenomenal rate. Thus, while between 1929 and 1946 US foreign investments had actually declined from $7.9 to $7.2bilion, between 1946 and 1967 they increased eight-fold to more than $60 billion. It is this global stake in the wealth and resources of the external frontier that forms the basis of the US to the worldwide status quo”
82 | P a g e
To further illustrate a point further, Nicholas Shaxson writing in his book, “Treasure Islands. Tax Havens and the men who stole the world”, outlined the following revelations;
Billionaire Warren Buffet, currently the third wealthiest man in the world, paid the lowest rate of tax among his staff, including his receptionist
In 2006 the world’s three biggest banana Companies did nearly 400 million Pounds Sterling worth of business in Britain but paid just 128 000 Pounds Sterling in tax between them.
In January 2009, US Law enforcement fined Lloyds TSB $350 million after it admitted secretly channelling Iranian and Sudanese money into the US banking system
He then conclude by saying that, “Tax havens are the most important single reason why poor people and poor countries stay poor. They lie at the very heart of the global economy, with over half the world trade processed through them. They have been instrumental in nearly every major economic event, in every big financial scandal, and in every financial crisis since the 1970s, including the latest global economic downturn.
In this regard, the systematic transfer of wealth from the poor to the rich, from developing to the rich industrialised countries, as well as from workers and communities to multinational companies constitute the essence of the dominant economic and political system today.
Finally, we must wage a global campaign for peace and justice, not as a by the way effort, but as an integral part of the very future of humanity. Workers lose the most under conditions of war and conflict. The arms industry and the general military-industrial and energy complex poses the single biggest threat to global peace and human progress. It is driven by its limitless desire for profit at all costs and greed.
Part ONE: Building working class international solidarity movement and strengthening the organised capacity of international progressive forces
1. On the state of the international trade union movement and roadmap towards sharpening its united, organised power and fighting capacity
83 | P a g e
Hereby resolves to;
I. Carry out a Comprehensive Audit on the actual state of the international trade union movement, mainly the key strands and organised variants of it.
II. Ensure that the aim of the audit shall be to produce a detailed report covering most of the concerns, issues and questions always raised about the different segments, variants and structures of the international trade union movement, as well as prospects for its future and more effectiveness in advancing articulating workers interests, aspirations and mobilising general campaigns.
III. Focus on; affiliated membership size, influence and relevance in key terrains of workers struggle, strategic orientation and capacity for policy and development alternatives, organising and campaigns capacity, sources of funding and resourcing models, concrete support for workplace struggles and practical international solidarity programmes, internal democracy and worker control in real decision-making processes, attitude on issues affecting Africa and defence of anti-imperialist models of development, as well as transparent and accountable operational systems as critical indicators.
IV. Assess SATUCC, OATUU, ITUC-Africa, ITUC, WFTU, SIGTUR, as well as the key regional bodies on the continent; EATUC, OTUWA, as well as regional trade union blocs from the Economic Community of Central African States (ECCAS), Arab Maghreb Union (UMA) and the Community of Sahel-Saharan States (CEN-SAD).
V. Cover Global Union Federations (GUFs), International Trade Secretariats (ITSs), as well as allied labour service structures relevant for such purposes
VI. SATUCC is the primary regional force, based in SADC and critical to the momentum of all the work we do and such requires that wer put maximum energy into the deliberate and sustained focus on building and strengthening its organisational, policy development and strategic capacity to wage real battles on issues affecting workers in the region, not as an extension of SADC, but as a force and effective organ in its own right.
VII. Ultimately help COSATU correctly understand and locate its primary focus and contribution towards the actual building and unity of a progressive international trade union movement, ready and capable of playing a decisive role in advancing global workers interests.
2. On developing a Strategic Initiative for Progressive Internationalism and building the African Progressive movement
Hereby resolves to;
84 | P a g e
I. Develop a Strategic Initiative for Progressive Internationalism, which brings together different sections of society; academics, workers, youth, women, community and popular social forces, IR Practitioners, political and religious activists into strategic dialogue and critical reflections towards practical initiatives on international issues. Lessons can be drawn from the Sao Paolo Forum and the Cuban ICAP and other such experiences for its orientation, design and functional modalities.
II. Prioritise SADC-wide initiatives as primary anchor for active engagement and development of strategic initiatives to build and consolidate advanced models of good governance, participatory democracy, economic justice and people-to-people regional integration best practices and regular exchanges
III. Work with the tripartite alliance; ANC, SACP and SANCO, together with the MDM to develop a concrete assessment and audit of the state of Progressive forces on the African continent and their organisational, strategic, ideological and practical relevance to their people and society. This shall also ensure that we ascertain the driving forces that constitute the core detachment and how it relates to the broader social forces; youth, women, community, environmental justice, landless, social equality movements, indigenous knowledge and popular education forces, health justice movements, as well as economic justice forces in general.
IV. Establish an International Solidarity Forum, that draws in the widest possible forces into active struggle and focus on the most pressing issues internationally. In this regard, it should coordinate the alliance and broader progressive forces to meet Annually and assess emerging and critical matters for priority attention and joint action
V. To ensure that an alliance International Technical Secretariat (Comprised of Full-time bureaucrats/Officers) is organised and should meet at certain intervals, to synergise, draft and coordinate a concrete action plan for joint alliance action.
Part TWO – International solidarity and Specific Country cases
1. On Swaziland: RC
We hereby resolve to:
85 | P a g e
Develop a Comprehensive Solidarity Programme based on the following elements or components;
I. Robustly and directly engage in honest and comradely discussions with the key progressive Swazi forces, with the aim of practically assisting in strengthening organisational capacity, mobilising resources and raising the international profile of the Swazi people’s struggle. This includes the active support for the ANC 54th National Conference Resolution, SACP National Congress and their implementation as critical measures in this regard.
II. To prioritise our concrete engagements with TUCOSWA and its affiliates towards enhancing concrete working class forces and their ability for all-round capacity for; research and policy development, worker education and organising for effective campaigns. Its also important to revive the Joint Annual Strategy sessions for an effective boycott drive against Mswati and his parasitic cronies or companies and individuals doing business with the regime.
III. Concretely offer special support for the already advanced research work done by the Swaziland Justice Forum Research Group on the royal looting and intensified dispossession of the Swazi people and communities by the monarchy and some multinational companies as case study of the deliberate thuggery of the tinkhundla system. This must lead to an active, sustainable grassroots movement for democracy and economic justice in Swaziland throughout the SADC region and internationally. This further, requires that SACU must be put under extreme pressure to stop collaborating with the mafia-styled Royal Swaziland Sugar Corporation (RSSC) who are fronting for the naked parasitism of the monarchy in this regard, flouting even the most basic rules of ethical and corporate behaviour and governance.
IV. Actively join and strengthen the campaign for the release of all political and civil rights prisoners, including Amos Mbedzi, Zonke Dlamini and those under strict bail conditions, such as Mario Masuku and the several comrades currently in detention or exile.
V. Conduct a full and proper audit of the financial and economic involvement of South African/Foreign interests or problematic individuals that prop up and sustain the oppressive power of the Swazi royal family, must be done and concluded before end of 2018 for public release, naming and shaming, as well as active international campaigning.
4.3. Swaziland : NEHAWU
Noting that:
86 | P a g e
a) The character of the royal regime in Swaziland has not changed. It remains an undemocratic, oppressive, semi-feudal outpost of capitalist exploitation, with strong ties to western imperialism.
b) The position of working people under these conditions has gotten worse over the years.
Believing that:
a) The struggle of the Swazi people is facing serious constraints, which require the political support of progressives worldwide.
We therefore resolve to:
a) Reaffirm our previous congress resolutions on Swaziland.b) Develop a comprehensive solidarity programme of support for the democratic
political and trade union forces in Swaziland.c) Fight against the recognition of the sham Swaziland elections which are
undemocratic and are neither based on the will of the people nor follows both SADC and the AU guidelines and protocols on Free and Fair elections.
d) Intensify the campaign for the international isolation of Swaziland including directing our boycott at companies and individuals whose business interest in Swaziland promote Mswati’s dictatorship
4.4. On Palestine by RCWe hereby resolve to;
I. Make a Concrete and detailed Update on the COSATU Comprehensive BDS Programme adopted by the 12th National Congress, which clearly identified specific and targeted priority action areas, given the latest developments, including the US-Israeli arrogant appropriation of Jerusalem as Israel’s capital against international law and human rights.
II. Include latest updates on the key areas of; diplomatic, academic, cultural, economic, and all forms of sanctions to jerk up the work already being undertaken by BDS and all social forces involved in this area of work. We also fully support the ANC 54th National Conference that called for the downscaling of the SA embassy in Israel to the level of a liaison office, with the intention towards total closure.
III. End any and all forms of association with the racist, apartheid and colonial state of Israel, a shame on the dignity of humanity, built on the barbaric values of racism, crude land occupation and bully tactics against other countries, always arresting and detaining children, women and all activists against its unjust system.
87 | P a g e
IV. Roll back the footprints of Israel on the African continent, particularly the massive bribery of corrupt elites to support the apartheid system on the back of a continent that fought and defeated this abhorrent system. A link between the colonialism we suffered and that suffered by the Palestinians, must be exposed decisively.
4.5. Palestine : SADTU, NEHAWU
Noting:
a) The deterioration of the political situation in Palestine.b) The Israeli Zionist colonial occupation is facing numerous contradictions
including stiff internal resistance from a growing pro-Palestinian Jewish voice.c) Over the years, the pro-Palestinian solidarity movement has consolidated its
position worldwide and maintains a strong presence in many countries.d) The significance of the South African government withdrawal of its Ambassador
from Tel-Aviv.
e) The hypocrisy of developed countries and the NATO military alliance and their consistent divisive policies in the Middle East and North Africa.
Believing:
a) That the struggle of the Palestinian people requires intensified efforts to isolate the reactionary right-wing Zionist regime.
We therefore resolve to:
a) Reaffirm the 11th and 12th congress resolutions on Palestine on the two-state solution with an independent Palestinian state within the 1967 borders with East Jerusalem as its capital; the dismantling of the apartheid wall and an end to illegal settlements expansion; the right of return of all Palestinian refugees and the release of all political prisoners.
b) Develop new comprehensive measures that strengthens the Boycott Divestment and Sanctions campaign.
c) Build strong trade union relations with the Palestinian trade unions and their federations.
d) Call upon our government to promote free movement of Palestinians into South Africa by issuing visas to Palestinians.
e) Call for the implementation of ANC 54th National Conference resolutions on international solidarity with Palestine.
f) Condemn the decision by the Trump (USA) Administration to officially to recognise Jerusalem as the eternal capital of Israel and move its embassy from Tel Aviv to Jerusalem.
88 | P a g e
g) Wage trade union struggles calling for US President Trump to immediately rescind this decision.
h) Undertake within 12 months, an international solidarity visit by a delegation of COSATU to visit Palestine to deepen our understanding on the struggle of the Palestinians.
4.6. On Venezuela - IRCHereby resolve to;
I. Do a concrete assessment based on the latest developments regarding the Venezuelan peoples struggle against imperialism and how these are linked to the broader Latin American developments and the global working class struggle to fight imperialism and defend working class alternatives against capitalism
II. Promote a deeper understanding of the Venezuelan situation and how destructive capitalism can be to human achievements and dignity, in its desperate search for profit-at-all costs
III. Expose South Africans and Africans in general, to alternative models of popular and participatory democracy, rooted in peoples organs and economic models rooted in social emancipator forms of development
IV. Call for Telesur and other progressive Channels, particularly from that part of the world to be promoted and made available to all people in languages they can access, so as to dispel the myths and lies propagated by imperialism about the actual situation in Venezuela and the whole Latin American and Caribbean region.
4.7. Venezuela :NEHAWU
Noting that:
a) Venezuela is facing a renewed US-led anti-Bolivarian onslaught aiming to overthrow the government through economic destabilisation.
b) The Bolivarian revolution remains an important international model which has in many respects transformed the lives of Venezuelan people.
Believing:
a) That the counter-revolutionary overthrow of the Bolivarian revolution will be a serious setback for the international struggle against imperialism.
89 | P a g e
We therefore resolve to:
a) Reaffirm the 11th and 12th congress resolutions on Venezuelab) Condemn the recent attempts at the assassination the president of the Bolivarian
Revolution Nicolas Maduro.c) Condemn the economic blockade and isolation of Venezuela and the induced
economic crisis by the US and opposition.d) Visit Venezuela in the year 2020 to strengthen relations with the progressive
trade union movement and the people.
4.8. On Zimbabwe Hereby resolves to;
I. Concretely assess the developments and shifts in the country’s landscape and the extent to which they address or do not address the aspirations of the working class and people of Zimbabwe in real terms and as against their historic and concrete aspirations
II. Ascertain what is the substantive and actual meaning of the recently passed elections, the ramifications of the electoral contest and post-elections case in order to help us determine a concrete wayforward for a regional solidarity movement with the people and workers of Zimbabwe
III. Ensure a Bilateral meeting with the ZCTU to share insights and exchange important information on the strategic wayforward and what organisational, research and educational programmes can we jointly engage in, towards strengthening the campaigning capacity of both organisations and improve further the coordination between our organisations
IV. Engage in discussions around migration, decent work and fair labour practices, new workplace models and shared sustainable organisational development models.
V. Engage in further discussions about SATUCC and the continental trade union movement in general, with the aim of harnessing our energies and efforts for the strengthening of a more effective regional and continental trade union movement.
VI. Broaden the forces that played and continue to play an important role in the struggle to democratise and transform Zimbabwe, both inside the country and globally, as engines of a sustained movement for the future of a new Zimbabwe. But also to inspire a new SADC drawing lessons from these concrete experiences.
90 | P a g e
4.9. On Cuba - IRC Hereby resolves to;
I. Ensure that following the US intensification of aggression against the people of Cuba, as COSATU, we must develop a Special angle to bring back to the centre of focus, the struggle to defend the sovereign right to self-determination and human dignity that the Cuban revolution represent
II. Ensure a Special exchange Programme for Cadre development and experiential learning for our leaders on such matters as health, dignity and education for the poor and society as a whole, with minimal resources.
III. Rejuvenate the solidarity movement with Cuba, in its varying forms, including supporting FOCUS more decisively towards a broader public outreach on the importance, achievements and historic role and contribution of Cuba to humanity and our own struggle
IV. Strengthen the important and principled exchanges between the Cuban and South African people, particularly in the key areas of; health, education and economic alternatives for human dignity
4.10. Reaffirming support for the Cuban Revolution: POPCRU ( REPEATED PLEASE TALK
Noting that:
1. For over 56 years Cuba has been the victim of a sustained criminal and terrorist campaign organised and directed by the exiled Cuban Mafia based in the US, and supported by the US government, which has caused human and financial damage to Cuba.
2. Cuba, as a sovereign, independent state, has every right, under international law, to employ all reasonable means at its disposal to defend its sovereignty and to combat economic and financial war imposed by the Washington Administration.
3. The increased propaganda through illegal broadcasting into Havana
4. US have increased its aggression towards Cuba since Donald Trump came to power and there is an increased US unilateralism and disregard of UN structures. The increased aggressive pronouncements against Cuba, in particular because of its support to the Bolivarian revolution of Venezuela.
91 | P a g e
5. The government of the United States continues its hostility towards Cuba as shown by various punitive measures against Cuba and its people.
6. The recent deterioration of diplomatic relations based on accusations of acoustic attacks of US diplomats,
7. The dominance of western media in the global discourse and their continued propaganda against Cuba and the global South.
8. The marking of 30 years of the battle of Cuito Cannavale and the historic resolution 7 of the 38th SADC summit of heads of state and government held in Namibia on 17-18 August 2018
9. The historic political ties between Cuba and South africa and the role played by former leaders Mandela and Castro in deepening them resulting in many partnerships and now faced with a complex political, economic and social transition in Cuba
Believing that:
1. One of the key terrains of struggle that contributed decisively to the defeat of Apartheid in South Africa was the international solidarity movement.
2. The contribution of Cuba to the liberation of the peoples of Africa, and of Southern Africa in particular, was vital, and was based on selfless and principled internationalism. The Cuban Revolution and its achievements, particularly in terms of the defence of national sovereignty, internationalism, education, social services, sports and culture and participatory democracy, serve as a model and an inspiration to oppressed peoples all over the world.
3. The illegal use of the airwaves by the USA to broadcast inciting and destabilising material into Cuba from Miami must be countered by an objective global media outlet
4. It is the duty and responsibility of all progressive forces to support the struggle of the Cuban people to defend their sovereignty and the remarkable achievements of their Revolution and socialism
5. United Nations remains the single most important world authority on international and regulating relations of national states; UN decisions of the General Assembly, and other charters are supreme laws binding to all national states regardless of military power or wealth
92 | P a g e
6. The Cuban people have contributed their all in the liberation of the people s of Africa and that the acceptance of March 23rd s a collective recognition of the people of Africa of the role that Cuba played for the liberation of the continent
7. The victory of Angolan and Cuban troops in Cuito Cannavale marked a turning point in the war against the Angolan people, laying the basis for the independence of Namibia and contributing to the eventual commencement of negotiations in South Africa and ending colonialism in Southern Africa
8. The current political changes in Cuba require more deeper understanding and solidarity; the political changes in Cuba are to strengthen the resolve of the Cuban revolution and its advances to socialism
9. South Africa is in a better position to play leading role in strengthening of Cuban relations in Africa
Hereby Resolve:
1. To demand of the USA government the immediate and unconditional lifting of the economic blockade imposed on Cuba.
2. The unconditional return to the government and people of Cuba of the territory illegally occupied by the government of the United States at the Naval Base in Guantanamo.
3. To support the Latin American news network teleSUR TV which has been launched in South Africa and Africa
4. To fully participate in the solidarity activities to raise awareness of the role Cuba played
5. Heighten exchange programmes to fully understand the current changes and work with Cuban institutions, organisations and people to help Cuba manoeuvre the new terrain as clearly defined by the resolutions of the congress of the Communist Party of Cuba
6. Reaffirm our support for the Cuban people and condemn the continued support and entrenchment of the embargo by the USA and Israel which are now the only two countries in the world voting against the lifting of the embargo at the UN and call on our government to continue supporting Cuba in the UN including the upcoming vote on October 31st 2018
7. Improve and strengthen bilateral between COSATU affiliates and their counterparts in Cuba
93 | P a g e
8. Commend our government and others led by former liberation movements to advance the recognition of Cuito Cannavalle and Cuba sacrifice; and use March 23rd as a day to highlight and recognise Cuban solidarity with the peoples of Africa and the Cuban contribution to global solidarity through their maximum sacrifice
9. Support the political transition in Cuba; which marks the end of an era, with the election of Miguel Diaz-Canel as president of Cuba a leader born after the revolution
10. Urge the South African government to seize the opportunities availed by this transition to strengthen bilateral political and economic ties and assist Cuba as much as possible to be able to stand as a nation. Further call on our government to take interest in ensuring that the Africa-Cuba Solidarity Conferences become successful through maximum participation at the highest government level
4.11. Cuba : NEHAWU
Noting:
a) That the Cuban revolution remains on a correct course and the internal process of improving the socialist system.
b) The reversal of significant gains by US President Donal Trump on the prospects for the lifting of the economic blockade against Cuba.
c) The blockade remains effectively in place and normalisation has brought no qualitative change in the US imperialist aggression on Cuba.
Believing that:
a) There is no qualitative change in the US foreign policy of imperialist aggression against the people of Cuba since Obama and to note the strengthening of measures enhancing the US economic blockade against Cuba.
We therefore resolve to:
a) Reaffirm our 11th and 12th congress resolutions calling on an end to the Cuban blockade and to restore the sovereignty of Cuba over Guantanamo territory.
b) Strengthen our international solidarity campaigns and the relations with Cuban CTC and its affiliates.
4.12. On Western Sahara - IRCHereby resolves to;
94 | P a g e
I. Ascertain a Concrete possibility of a BDS format against Morocco, guided by the people of Western Sahara and their premier liberation movement, POLISARIO/UGTSARIO, basing ourselves on the need to build a broader continental detachment, united in support of the Saharawi people and their right to self-determination, freedom from colonialism and human dignity.
II. Support UGTSARIO and the right of the workers of Western Sahara in their fight for their right to self-determination and dignity for all
III. Actively participate in the rebuilding of the Saharawi Solidarity movement in South Africa and throughout the African continent, to link up with all other global forces committed to the freedom and dignity of the Saharawi people
IV. Revive the good work done between South Africa, Nigeria and Algeria in jointly taking forward the solidarity work with the suffering people of Western Sahara, as well as to isolate Morocco, the occupying power.
V. Demand that the AU and UN, as well as all multilateral bodies honour their obligation to end colonialism, occupation and territorial aggression by being decisive against those forces and countries that undermine and violate the right to self-determination and freedom from occupation and sovereign rule in general
4.13. Western Sahara : NEHAWU
Noting:
a) That the political stalemate on the referendum for self-determination remains in place.
b) Morocco refuses to adhere to internationally supported UN decision on the referendum.
c) The deteriorating human rights situation in the occupied territories.d) The negative development with the readmission of Morocco to the AU.
Believing:
a) That the AU readmission of Morocco as a member state harms the struggle of the Saharawis for self-determination.
We therefore resolve to:
95 | P a g e
a) Reiterate all our previous resolutions on the referendum for self-determination of Western Sahara
b) Initiate through a detailed program, a campaign of boycott and sanctions against Morocco colonial occupation.
c) Support the international call for the UN permanent presence and monitoring of Human Rights abuses in the Moroccan occupied territories of Western Sahara.
d) Build a broader continental support for the Saharawi people and for their right to self-determination, freedom from colonialism and human dignity.
e) Strengthen relations with POLISARIO and UGTSARIO.f) Have an annual delegation to the refugee camps and liberated zones.
Note to the above cases
As a general consideration of our broad solidarity work, we seek to also assess the Implications of actively balancing our Boycott campaigns and local Jobs-enhancing economic needs or pressing conditions for human dignity. These require a separate evaluation and strategic discussions to avoid tensions with our international solidarity work. They are often exploited by our arch-enemies to drive a wedge between our practical international solidarity work as against the immediate needs of our people and workers.
Further attention is drawn to the fact that the SADC region requires special focus in context of the crisis in Lesotho, DRC and growing inequalities, poverty and unemployment generally. In this regard, the campaign for justice, democracy and human dignity must always be central and coordinated properly, in which case, once again, SATUCC must play a central and strategic role.
Part THREE – International Policy Considerations and Special Insertions:
4.14. On the Africa Continental Free Trade Area (ACFTA) – COSATU must properly discuss the meaning and implications of the ACFTA to workers and the whole continental development agenda. In this regard, a workshop is being proposed, as a matter of urgency, to evaluate what it means and how does it enhance or contribute to the much needed development of the people of our continent. It must be guided by certain basic principles;
96 | P a g e
i. It must be developmental and based on the urgency of industrialisation, job-creation and infrastructure investment in the African people, community needs and sustainable development
ii. It must integrate the economies, people and resources of the continent and not allow further fragmentation based on either external or internal elites narrow and self-serving interests, to bring together and unite Africa.
iii. It must protect local producers and industries and develop local content and capacity to source, develop and export by our own economies. In this regard, it must build the productive capacity of Africa
iv. It must promote a bigger market and increase volumes of trade amongst Africans, including informal traders mobility across borders to increase their share of the market and build their competitiveness. Building their skills, promoting their products, supporting their small businesses and employment opportunities, as well as raising their insight into opportunities and best available sources of supply for their inputs and needs.
4.15. On a Legally Binding Global Treaty on Business and Human Rights with special regard to Multinational Companies (MNCs)
Noting the capacity of business to have a serious effect on the rights and dignity of workers and individuals, including those of surrounding communities;
Noting that there has been confusion in international human rights law concerning the obligations of business in relation to human and worker rights;
Further noting that strong protections have been granted to business through international trade and investment regimes whilst there has been no clarity as to their binding legal obligations in relation to human and worker rights;
Noting that business consistently exploit weaknesses in state governance to advance profits without regard to human rights and dignity of the people;
97 | P a g e
Noting that the structure of international business has been conducted through complex group structures and supply value chains in which liability for human rights violations are mostly avoided;
Noting that there have been serious legal obstacles for victims of human rights violations by businesses that cross borders to gain access to effective remedies,
COSATU hereby resolves:
1. To support the current initiative to develop a binding treaty on business and human rights as per UN processes, which was strongly initiated by the governments of South Africa and Ecuador;
2. To condemn the bully tactics of the US and some EU countries and Companies that do not want to be held accountable for their cruel misdeeds, plunder and exploitation of workers and communities all over the world, including not paying taxes and other social responsibility obligations
3. To support and lobby the South African government and other governments to effectively negotiate, sign and ratify a treaty on business and human rights which addresses the problems noted in the preamble and contains provisions outlined in this resolution;
4. To join and work together with other trade unions across the world to place pressure on states in the Global North and Global South to negotiate, sign and ratify a treaty on responsibilities of business to human and workers rights;
5. To engage with the current negotiation on a draft treaty and assert the following principles which are currently lacking and should be included in the draft treaty:
a. To require the recognition in the treaty that businesses in all its forms and, particularly, Multinational Corporations, have direct binding legal obligations in international law for the realization of human and workers rights;
b. To require the recognition in the treaty that these obligations include an obligation not impermissibly to harm human rights (a duty to respect and duly comply)
98 | P a g e
c. To require a recognition in the treaty that these obligations include an obligation to avoid impermissibly harming rights through its relationships with the government or other commercial entities (a duty to protect);
d. To require the recognition in the treaty that these obligations should also include an obligation on business, to the extent that is reasonable and fair, positively to assist in the realization of these rights (a duty to promote and fulfill) which shall include, at all times, a duty to pay tax where goods are produced and to integrate a consideration of impact on human and workers rights into business planning and functioning;
e. To require the treaty on business and human rights to contain provisions in which signatory states are required to amend their corporate laws in the following respects:
i. That directors of corporations have a fiduciary duty to ensure that in all decisions that they take they consider the impact on human and workers rights and that they take all reasonable measures to avoid violations of such rights;
ii. That the principle of ‘substance over form’ be enshrined in the treaty to ensure that corporations are not able to utilize complex group structures or supply chains to avoid liability for harms to fundamental rights;
iii. To require changes to the ‘business judgment rule’ to enable courts, in all instances, to review the decisions of directors where violations of human and workers rights take place;
iv. To require recognition in the very founding documents of Corporations that they are required to avoid violations of human and workers rights and assist in their realization.
f. To enshrine a provision concerning non-judicial remedies for rights violations which may be more accessible to victims without prejudice to the right to institute judicial remedies;
g. To maintain the importance of the due diligence obligation on business throughout its structure and supply chains;
99 | P a g e
b. To require the Committee set up in terms of the treaty to be empowered to hear individual complaints where domestic remedies are exhausted
4.16. On BRICS Trade Union Forum (BTUF) as a force for social justice, decent work and inclusive development
COSATU with fellow sister federations, is proud to have successfully hosted, for the second time, the BRICS Trade Union Forum (BTUF) in the City of Ethekwini this year, 2018.
As stated in the final BTUF declaration, “BRICS is a product of a particular period in the historical development of the global economy and world affairs. A period marked by increasing uncertainty, deepening inequalities and unemployment levels, accelerated environmental destruction and conflicts, as well as heightened unipolarity in most spheres of world affairs”.
We further reaffirm our perspective that the BRICS Trade Union Forum (BTUF) was necessitated by the deep desire to build social justice, equitable development and human dignity for all. It is a profound social force for a just future modelled on Inclusive and Sustainable Development, both within BRICS itself and throughout the world.
We call on the BRICS Trade Union Forum to amplify its voice louder and further assert itself on the many pressing issues affecting workers, communities, developing countries, peace and security, food production, unemployment, international labour standards and workers rights, role and regulation of Multinational Companies in a highly globalised world, the changing role of the state and the need to strengthen multilateralism and affirm human dignity in all spheres of life.
In this regard, we fully affirm the fundamentals set out in the Draft Declaration, but demand more concrete outcomes towards a stronger, more effective and comprehensive Joint Action Plan by BRICS countries and the centrality of the trade union movement in that regard.
We further call for urgent steps towards the concretisation of the idea of a BRICS Labour Research and Policy Institute and the immediate development of the BRICS Multinational Enterprises Peer Review and Monitoring Facility for the Trade union movement. We strengthen our voice in calling for the immediate establishment of the
100 | P a g e
Contingency Reserve Arrangement (CRA) to allow BRICS countries to trade on their own currencies and free themselves from the dollar domination.
Finally, we take this opportunity to wish the Brazilian Presidency a very successful hosting of the 8th version of the BTUF in Sao Paolo, 2019 and pledge our full support, particularly during these trying times in the life of their country and people, with the detention of the great leader, former President Lula Da Silva. We reaffirm decisively our demand for his release and right to be free and shall be mounting effective campaigns towards that end.
4.17. On Peace building in Africa – the Eritrea-Ethiopia and South Sudan Peace Processes and their concrete meaning for the whole continent and progress in general –
We are inspired and proud of this great African moment, the moment marked by the historical advances made by fellow brothers and sisters, the people of Eritrea and Ethiopia, as well as South Sudan in signing and taking concrete steps towards Peace, normalisation of Relations and prospects for sustainable development in the Horn region, the broader East African community and the whole African continent.
We fully support the workers of Eritrea and Ethiopia and their federations during these critical times.
We are called upon to do more on our continent as workers and people, to demand that our leaders prioritise and demonstrate such commitment to peace and unity of Africa, giving utmost importance the dignity of our people and their conditions of life, at all times.
We commit to fully liaising with sister federations in the region through EATUC in particular, as well as other progressive forces of the region towards deeper consolidation and deepening of this great and historic momentum.
4.18. On Migration and the crisis of under-development in AfricaWe reaffirm our perspectives contained in our International Policy document and various other official positions taken by the federation on this matter, including our commitment to combat xenophobia and all forms of discrimination.
101 | P a g e
We call for the acceleration of efforts towards the integration of our continent, its people and systems towards more harmony.
The crisis of migration cannot be separated from the crisis of uneven development or under-development and its extremes that produce and reproduce unbearable conditions for the majority of our people on the continent, particularly wars, conflicts, oppression and exploitation, poor conditions of life and work, environmental destruction and abject poverty.
We shall intensify our work with sister unions from the continent and beyond to deal with both the effects and causes of migration, particularly to demand decent working and living conditions for all Africans, industrial development and job creation, as well as accountable and good leadership that cares for the people of the continent.
But we further condemn imperialism and the role of certain countries, particularly the US, Israel, UK, France and some Gulf states, such as Saudi Arabia, who are involved in wars of aggression against other countries, particularly African countries and their people, who suffer the most from all these crisis.
4.19. COSATU IR Capacity needs and resourcesIn order to effectively fulfil all these critical tasks and strategic priorities of the federation’s International work, Congress hereby undertake to develop an immediate Plan towards a Comprehensive needs assessment and improvisions, particularly in the area of; financial and material resources, skills development and supply, organisational support and back up, affiliates involvement and integration, as well as effective coordination with all structures of the federation, departments, alliance partners, civil society and academic institutions relevant to our work.
In this regard, the IRC shall break down the work of the federation into the following four Working Groups to be led and Convened by CEC members, with full support and practical coordination support from the IR department;
I. International Policy and Strategy
102 | P a g e
II. International Solidarity and Campaigns
III. International Partnerships and Cooperation
IV. Organisational infrastructure, capacity development and sustained funding model
103 | P a g e