NEDLAC CONCLUDES CONSIDERATION OF COSATU WESTERN CAPE NOTICE OF PROTEST ACTION

At a meeting in Johannesburg today, the Nedlac parties found that there had been progress in discussions regarding the violence in the Western Cape transport sector in that there was now a high level of agreement between Cosatu and the Western Cape Government as to the nature of the problems in the transport industry and the solutions needed to address these. However, no finality was reached regarding the timeframes within which the solutions were to be implemented.

At today's meeting, Cosatu, representatives of the Western Cape Government and representatives of national government, agreed that there were a number of underlying transformation issues that had created the climate for the current situation. These included the legalisation of taxi permits and the restructuring of the transport board, amongst others. The parties re-affirmed their commitment to setting up an all-inclusive Community Transport Forum, including representatives from community, labour, government and business, to tackle these issues

The Nedlac standing committee urged the parties to set up this forum as a matter of urgency as the only issue that separated the parties seemed to be regarding timeframes.

In terms of its legal obligation to consider the notice that was tabled by Cosatu, the Nedlac standing committee agreed that there would be no further meetings at a Nedlac level, unless parties requested further assistance and facilitation. Cosatu would be free to exercise its rights under the LRA, providing it complied with the requirements of the Act.

Background

Cosatu Western Cape tabled the notice in terms of Section 77 of the Labour Relations Act, which allows registered trade unions or federations of trade unions to undertake protest action to promote and protect the social and economic interests of workers, if they follow certain procedures. Cosatu tabled the notice on 19 June 2000. The notice has to state the reasons for the protest action and the intended nature of the protest action. (See reasons below). Section 77(1)(c) of the LRA requires the Nedlac parties to meet with the trade union and the parties at whom the notice is directed, to consider the issues raised. Two meetings of the Nedlac standing committee have been held, as well as one further meeting facilitated by the Nedlac Executive Director between Cosatu and the Western Cape Government. Section 77 (1) (d) of the LRA stipulates that should the issues remain unresolved after thorough consideration, workers are entitled to participate in protected protest action 14 days after serving a second notice on Nedlac of their intention to proceed with the action.

In the notice served on Nedlac, Cosatu argues that the violence in the transport industry is having a negative impact on workers in respect of:

• The working conditions of bus and taxi drivers
• Members facing disciplinary measures for late coming and absenteeism at the workplace due to the disruption of services
• The ability of workers residing in the affected areas to seek a living and carry out economic activity
• The impact on operators and employers in the industry which could impact on the ability of the industry to preserve and create jobs in the province.