FIRST MEETING TO CONSIDER SECTION 77
NOTICE ON PLASTIC BAG REGULATIONS
30 July 2002
The Nedlac standing committee on Section 77 today brought
together representatives of CEPPWAWU (Chemical, Energy, Paper,
printing, Wood and Allied Workers' Union), SACWU (South African
Chemical Workers' Union) and the South African Commercial, Catering
and Allied Workers' Union (SACCAWU) with representatives from
Government, to discuss the issue of plastic bag regulations, which
were promulgated by the Minister of Environmental Affairs and
Tourism on 9 May 2002.
The unions tabled a section 77 notice to Nedlac on 17 July 2002
stating that they were concerned about the effect that the proposed
ban on thin plastic bags would have on the socio-economic interests
of workers. In the reasons for the proposed protest action, the
unions argued that there would be job losses as a result of the
regulations and that this would impact more widely on the
dependents of workers. They also argued that retailers would pass
the higher costs of thicker bags onto consumers. They rejected
Government's reason for banning thin plastic bags, which argues
that the discarding of large numbers of bags had resulted in severe
pollution, particularly in low-income areas where waste collection
services are inadequate.
The unions proposed rather that the minimum thickness for vest
type carrier bags should be set at no more than 24 microns, which
is thicker than the bags currently available at supermarkets, but
which the local industry could produce without changing their
machinery. In order to ensure that local producers of 24 micron
bags are not undermined by imports of thinner bags, the unions
proposed that government must ensure that customs and excise is
given sufficient capacity and resources to monitor imports. They
further proposed that Government must take steps to encourage
recycling. They proposed that a levy should be imposed on vest type
carrier bags sold by retailers, which should be paid to a section
21 company established to promote re-use and recycling. They also
proposed that the collection of plastic bag litter must be improved
by increasing municipal services to areas most affected by the
problem.
In the meeting today, Government said that it could not respond
to the unions' proposals, as they affected a number of different
government departments, such as the National Treasury, South
African Revenue Services and Municipalities. It was agreed that a
bilaterial meeting would be set up for 8 August, for the government
delegation to give feedback to the unions on their proposals.
Background on Section 77 of the LRA
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. 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. 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. 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.
Issued by Nedlac
Contact: Jennifer Wilson on 011 328 4211 / 083 652 8524