2001 Statements

COSATU TABLES "D" NOTICE REGARDING PROTEST ACTION ON PRIVATISATION

3 AUGUST 2001

Late yesterday the Congress of South African Trade Unions, Cosatu, tabled a Section 77(1)(d) notice at Nedlac giving details of the protest action it intends undertaking on the issue of privatisation.

Nedlac's standing committee on Section 77 notices earlier yesterday agreed that there seemed to be no possibility of Government accepting Cosatu's demand that Government halt all privatisation initiatives pending the establishment of policy and legislation to guide restructuring, as specified in Cosatu's notice. The Standing Committee therefore agreed that the matter could be deemed to have been considered in Nedlac, as per the requirements of Section 77(1)(c) of the Labour Relations Act.

In its notice, Cosatu indicated that the protest action would take the form of a two-day national stay-away preceded by two regional stay-aways. Cosatu said the national stay-away would take place on 29 and 30 August. During the stay-away, marches and demonstrations would take place.

On the 16th and 21st August, there would be two regional stay-aways. On 16 August, the Wits, Western Cape and Northern Province regions would stay away, whilst on 21 August, workers in Mpumalanga, KwaZulu-Natal, Eastern Cape, Northern Cape & Free State would stay away.

Employers should contact Cosatu's regional secretaries if they are in any doubt about the action, how it affects shift workers and which region they fall into.

Background

Cosatu tabled a Section 77(1)(b) notice at Nedlac on 14 June. A meeting of the Nedlac Standing Committee was held to consider the notice on 29 June. Subsequent to this meeting, one bilateral meeting was held between Government and Cosatu, subsequent to Government's responding in writing to the issues raised in Cosatu's notice. The standing committee met with the parties again on 2 August.

In the notice, Cosatu refers to the programme the state has embarked upon to privatise state assets, enterprises, services and undertakings. It also refers to the restructuring of state enterprises, undertakings and services carried out by the state and the state's opening up of industries or sectors in order to provide for competition. The notice states that Cosatu is not opposed to restructuring in itself, but it argues that the state's restructuring process forms part and parcel of the broader privatisation programme, which it opposes.

Cosatu's notice argues that the state's privatisation programme detrimentally affects the socio-economic interests of the poor, which includes workers and the working class in general. It specifies a number of demands, including that government halt all privatisation initiatives pending the establishment of a clear policy and legislation to guide restructuring. The notice says that the policy must be binding on all state-owned or controlled entities, and must be negotiated by the parties to Nedlac, and subsequently tabled as legislation. In the notice Cosatu says that the protest would include marches, protest rallies, demonstrations and an initial stayaway of two days

The notice was tabled 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. [Section 77 (1)(a)]. Before embarking on protest action, the trade union concerned is required to serve notice on Nedlac stating the reasons for the protest action and the intended nature of the protest action. [Section 77(1)(b).] The Act requires the Nedlac parties to meet with the trade union and the parties at whom the notice is directed, to consider the issues raised.[Section 77(1)(c)]. 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. [Section 77(1)(d)].

Issued in Johannesburg3 August 2001
Contact Jennifer Wilson
011 - 482 2511
082 495 1341

The full text of the Cosatu (d) notice can be found here.

Clickhere for information on the Protest action.

Jennifer WilsonCommunications CoordinatorNedlac(011) 482-2511fax: 482 4650082 495 1341

 

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