SECTION 77 NOTICES

Cosatu notice on privatisation

At the time of this Dialogue going to press, Cosatu was intending holding regional and national protest action on the issue of privatisation, having tabled a Section 77(1)(d) notice at Nedlac. The dates it gave for regional action were the 16th and 21st August, and the dates for the national action were to be 29 and 30 August. 

After two meetings, including a bilateral between the parties. Nedlac's standing committee on Section 77 notices 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. 

South African Transport and Allied Workers Union (Satawu) notice 

The union forwarded its notice of possible protest action in terms of section 77(1)(c) in November 2000, but the notice could not be immediately considered as Nedlac had to seek senior counsel's opinion as to whether it had jurisdiction to consider the notice. The notice was brought against the North West government regarding the restructuring of NorthWest Transport Investment which was a company owned by the provincial government. 

Nedlac held two meetings with the parties. Although the parties agreed that the company would consult the union on restructuring, and report to Nedlac on progress, it appeared to be going ahead without such consultations. When the Standing Committee met again, it therefore concluded that the alternative channels had not addressed the union's concern, and deemed the notice as having been considered. The union had not yet forwarded the section 77(1)(d) notice to proceed with its protest action.

South African Clothing and Textile Workers Union notice

The Union forwarded its notice of protest action in May 2001 against the retail & clothing sector regarding, among other things, job losses in the retail, clothing and footwear manufacturing industry and high imports in the industry. Nedlac held two meetings with the parties. Retailers undertook to respond in writing to the Union as to how they proposed addressing the Union's concerns. However, these responses were not acceptable to the Union. In that there appeared to be no further possibility of resolving the differences through dialogue, Nedlac declared the notice as having been considered. The union had not yet submitted a section 77(1)(d) notice.

Fedusa notice

Nedlac received another notice from Fedusa in July 2001 against Government regarding the ongoing labour law amendments negotiations. Nedlac is yet to consider the notice.