Andrew Louw says municipality is dancing to Luthuli House’s tune.

Wayile’s decision to ban labour brokers shows that an interest group has taken over government.  The fact that newly elected Nelson Mandela Bay Mayor Zanoxolo Wayile declared last week that the use of labour brokers had been banned by the municipality illustrates that the ANC government is once again going out of its way to appease narrow interest groups at the expense of the majority of South Africans.

Indeed, we now have a situation where the lobbying of Cosatu and its affiliates is being heeded and acted upon by members of the executive — even before legislatures have been able to properly examine the matter of labour broking.

Mayor Wayile is not alone in this regard. Other ANC executive officials have recently announced moratoriums on the practice of labour broking include:-

 • The Minister of Police, who has placed the resourcing of the police in jeopardy, by announcing that the thousands of temporary employed workers in the police will lose their jobs; and

 • The Minister of Water and Environmental Affairs, who “has phased out this practice”.

The fact is that Parliament has passed no law banning labour broking. If it did, it would throw another half a million people out of work. What we are again seeing, though, is that members of the executive are taking their marching orders from Luthuli House and the unions, rather than appropriate legislative bodies.

In addition to this, where Parliament has been involved, the process has been a farce. We have not seen anything that could remotely be called public participation.

The labour broker issue entails calculated efforts by the ANC to override the basic principles of democracy by intruding on the public’s right to make an input into the governance of South Africa. The blatant disruption of parliamentary hearings into labour broking has now been followed by ANC members of the executive placing ad hoc moratoriums on labour broking – a practice that ought to cease immediately.

2009/11/30
Mawande Jack LABOUR CORRESPONDENT jackm@avusa.co.za

EAST LONDON employees have emphatically declared that labour brokers should be banned. This comes after Parliament’s portfolio committee on labour visited the Eastern Cape this past weekend, thus completing its final round of public hearings into labour brokers.

Hearings were held on Saturday at East London’s City Hall and in Port Elizabeth yesterday. The hearings came after calls by the Congress of South African Trade Unions (Cosatu) for labour brokers to be banned, with the union calling labour-broking a form of human trafficking.

Yesterday, chairperson of the portfolio committee, Lumka Yengeni said they were happy with the response and attendance of workers. “The message we’ve received from East London workers is clear, that labour brokers should be banned,” she said. “Workers were very angry and from what we’ve heard, workers are abused by these labour brokers. Not a single one supported labour brokers.”

People attended the East London hearings from as far as Queenstown and Mthatha, and many were former workers who allegedly lost their jobs because of labour brokers.

Mfundo Jacobs said labour brokers were “modernised slave companies”.

“Not a single person supports these brokers. There are no medical benefits and if you’re absent from work for just a day your job will be taken away from you,” he said. “We don’t have any job security and not even the Unemployment Insurance Fund is there for us. “This is abuse and slavery; they must be banned for good,” said Jacobs.

Eastern Cape’s Cosatu provincial secretary Mandla Rayi said the message from workers was clear; labour brokers should be banned.

By BONGANI FUZILE, Crime Reporter. bonganif@dispatch.co.za

KZN session was very organized and controlled.  I was extremely impressed with the turnout from organized business, there must have been at least 80 to 100 labour brokers present and the diversity mix was fantastic.  I definitely think our presence was felt, particulary at the start when we outnumbered labour.  It appeared to rattle COSATU a little but their presence continued to grow throughout the sesion.  The session started at 5h40pm and ended at 9h20pm.  Unfortunately a number of people from our industry did not stay for the duration with most leaving after they spoke and the bulk walking out at around 7h30pm, this did impact our solidarity and force towards the end.

The government panel was all ANC except for one IFP member.  The introduction and opening clearly indicated their bias as they themselves opened by emphasizing banning.

Apologies were extended from Lumka Yengeni due to a death in her family

It was intimated that the DA and COPE were not attending because they were not committed to the process and it was explained how they had walked out at Germiston ‘for uncertain reasons’

The session was divided into four groups of 10 speakers.  Speakers were selected by a group of ‘parliamentary assistants’ handing out papers to those who indicate they wanted to speak.  It started well with a lot of labour brokers getting an opportunity in the first batch but the next three groups were extremely biased to organized labour and although a number of brokers indicated a desire to speak they were not selected.

Out of 40 speakers 12 spoke for our industry – 3 were employees suggesting we had a place and had assisted them, 1 was Head of the PMB Chamber of Commerce and the rest were business owners. The mix from an equity perspective was good with 4 white speakers, 3 Indian speakers and 5 black speakers.

Of the 28 speakers from organized labour, 10 were workers the rest were union members or members of various organizations speaking on the workers behalf. 

 Labour message all the same as in previous sessions:

• Abuse, slavery, human trafficking,
• underpaid (lose out because labour brokers take more than half their wages), no benefits,
• exploitative, no voice, practice oppresses the poor by its nature,
• creates instability, uncertain relationship etc
• Suggested that labour brokers had paid the black speakers to come and speak on their behalf
• Also mentioned labour brokers intimidated workers threatening they would lose their jobs if they came and spoke
• All requested banning

Labour Broker message:

• Agreed there is abuse and those who do not operate within the parameters of legislation; but don’t taint all with one brush, governed by same laws, rather regulate and police activities more thoroughly,
• someone explained the mark up and what business costs it covers, stressed the legitimacy of our industry
• well established industry with place in economy contributing significantly to countries taxes,
• currently provides approximately 500, 000 jobs, provide skills development opportunities, learnerships etc
• Assists graduates and matriculants enter the market and build skill and experience – often an avenue to perm
• Broader education required around how the industry works so that we can be understood as an industry
• All requested regulation

I would like to congratulate Zimizele from Capital and Jeanne from Quest for managing to get themselves selected in the last 10 and position themselves at the back of the queue so they got to speak last (just before the COSATU member closed)  They both did a fantastic job of summarizing our argument and clarifying the misconceptions of not adding value, providing no training opportunities and not operating within a legislative framework.

COSATU managed to get their leader to speak last and close, basicly summarizing everything and highlighting the shortcomings of our argument. Ridiculing the poor employees who spoke on our behalf and ‘not threatening but warning government’ that the ground under labour broking had shifted and there would be consequences to them not getting their way

Overall ordered, well attended and interesting but definitely biased and well orchestrated by COSATU.

What a circus!  The meeting was emotive as expected.  Lots of dancing, heckling and the likes. 

The speakers representing Cosatu spoke with anger -  lots of comments about how labour brokers are immoral. Reference was made about the great pain and suffering the workers are having to endure trying to survive on minimal wages whilst the brokers are enjoying millions and the racial card was tossed about often.  

An APSO member took a hammering – they obviously have a number of workers in the region.   The CEO of the Chamber of Commerce spoke exceptionally well.  There were a fair number of business owners speaking on behalf of the industry.  

There must have been approx 150 Cosatu members and 100 business owners.  DA and Cope were absent and the Chairperson told the crowd that they had walked out of last nights meeting for reasons unknown to them.  The panel was entirely ANC.

I really do not know what to think.  At times I felt like this was all a bit unreal.  If I did not feel my livelihood was under threat I would have found the evening most entertaining.   Interesting times ahead – I do not think they are going to let this go without a big fight.

• Total chaos as hundreds of Cosatu members bombarded the meeting with high all sorts of demonstration, intimidation and slogans
• The portfolio committee and the leadership of Cosatu tried to stabilize the meeting and calling their members to order but could never really succeed in achieving it
• Labour brokers were insulted and called various things like rapists, etc that contributed to the reaction of the public and the overall climate of the meeting
• Portfolio committee members belonging to the DA and COPE left the proceedings halfway through as they believed everyone will not have a fair opportunity to state their case
• No one responded to an opportunity to make a representation on behalf of organized business
• I am aware of three labour brokers including myself that made or rather tried to make a representation between the verbal abuse of the crowd

 My suggestion for the KZN meeting:

• As many as possible labour brokers (at least 10) operating in different sectors and providing labour brokers of different organization levels must make short representations ( 3-5 Minutes)so that an understanding can be created that we operate in various sectors and at various levels, it’s clear that Cosatu don’t understand it after I had a one on one discussion with the lead organizer from their side of yesterday’s event
• Dedicated business representatives from various organized business should make representations
• Organised labour brokers to also make representations, it will be great if there can be 3 or so representing each it’s own area
• Agree to horror and unacceptable stories but ensure that there is an understanding that banning Labour brokers will not solve the problem, action against those whether a labour broker or employer with permanent staff will.
• Don’t give up, stay at the meeting no matter what is said and ask for an opportunity, try to not all speak one after another to ensure that it doesn’t look as if it’s or orchestrated effort but rather a natural process
• Please communicate the outcome of tonight’s meeting to us
• Good luck!!

AND IAN OLLIS, MP, DA SHADOW MINISTER OF LABOUR, COPE SPOKESPERSON AND DA DEPUTY SHADOW MINISTER OF LABOUR

8 OCTOBER 2009

 DA and COPE withdraw from labour broking public hearings

 Release: immediate

Yesterday’s disruption of the public hearings on labour brokers in Germiston is a mutilation on the dignity of parliament and cannot be tolerated. These hearings are in fact nothing but a charade, with the ANC and Cosatu making a farcical pretence at “discussing” an issue on which they have in fact made up their minds already.  It is for this reason that the Democratic Alliance (DA) and the Congress of the People (COPE) are withdrawing from the proceedings; our continued presence would suggest that such undemocratic behavior is tolerable.

The ANC and Cosatu are equally guilty of tarnishing the parliamentary process – the ANC for encouraging the chaos and Cosatu for not showing any respect for such a crucial function of government. The ANC is like a judge that does not control his own courtroom and allows thugs to threaten the public – because the verdict has been decided on long before the process has started.   

Not only do these events completely undermine the bona fides of this process, but they also call into question the integrity and the legitimacy of parliament. If a gang of thugs can be allowed to trample over an official, legitimate consultative process, then we cannot claim to be living in a democracy.  

The DA and COPE have until now participated in these hearings in good faith. It was made clear to us yesterday that we can no longer do so, and we are therefore withdrawing from any further participation.

Yesterday evening Cosatu and their members turned a parliamentary hearing into a political rally.

Participants wearing Cosatu T-shirts waved sticks and threw empty bottles and tin cans at participants with whom they did not agree. One member of the Unemployed People’s Party, for example, had bottles thrown at him when he tried to make his presentation and he was shouted down and threatened, leading to his submission not being heard.

ANC officials did little to rein in the thugs, and the result was that many people who did not agree with COSATU were not given a chance to speak or voice their opinion.

The impression that these processes are a mere formality, and that the outcome has already been determined, is reinforced by a circular that has been given to the DA from the Gauteng Health Department, giving notice that it will be “phasing out” the use of nursing agencies in public hospitals. The public health system uses more labour brokers, through nursing agencies who staff public hospitals, than any other arm of government.

The DA and COPE will attend no more of these hearings because it would lend credence to a process that has been severely abused.

MEDIA ENQUIRIES:

Andrew Louw, MP – 082 383 6914

Willie Madisha, MP – 079 565 5636

Ian Ollis, MP – 082 714 7572

Jo Lennox (DA)– 082 780 0242

Philip Dexter, MP (COPE) – 082 453 4088

I finally managed to get the venue in Klerksdorp at the mine where the hearings were held. I must say it was a very tense environment, almost similar to an ANC rally (this to an extent that the Chairperson had to constantly remind the participants that it was not an ANC rally….with not much luck as the crowds were simply unruly).

The Portfolio Committee, led  by Ms Lumka Yengeni (who had to leave the hearings due to a family death) felt that the hearings which were held in Parliament were representative of labour brokers, consultants, unions and other interested parties at the exclusion of the actual workers.

As such they called on these hearings in order to get the facts from the labourers themselves and I must say yesterday’s session once again illustrated how angry these labourers are against labour brokers. It was as if Cosatu or NUM had briefed them before since they were hurling serious and abusive phrases against the practice. In general, the labourers complaints against the industry are very legitimate and they can be classified according to the following broad areas:

 1.       Lack of benefits (medical aid and pension funds)

 2.       Unacceptably low wages to the workers to the benefit of labour broking firms

 3.       Collusion between labour brokers and client companies which take away the rights of labours to associate to unions

 4.       Non adherence to law as far as dismissals are concerned

5.       Confusion on the part of labourers as to who is their actual employer which leads to the detriment of labours    when it comes to work related disputes

On the whole, the labours likened labour broking to slavery and urged the Portfolio Committee to BAN labour broking.

The hearings continue……..

The meeting was held in Thabong Community Centre in Welkom. A large venue, and I would guess at least 600 people in the hall.

Due to start at 4pm, and eventually kicked off at about 5.

The meeting was a bit chaotic to start, but once the organisers got the sound system ok it was pretty orderly.

The process was that if you had something to say, you put your hand up, and ramdomly 10 people were selected, who joined a line, and made their statements . Each contributor was filmed, and there were good translators available.

I would say at least 100 people made statements, of whom 3 were from “our” side. The audience was respectful, and allowed us to say our say. The other 97% were mostly individuals giving their story on how they had been (mis)treated by labour brokers. Every single one called for a total ban. Also represented were Union officials, who strategically placed themselves to ensure they were the last to speak. Some heavyweights, including Gwede Mantashe’s brother, who started a sing-a-long, but was interrupted and reprimanded by the Chair.

One of “our” speakers summarised the content of the complainants quite well, by indicating that many of the cases were clear contraventions of the existing legislation, and it was the structures which were letting down the employees. Common complaints were no pay, no benefits, leave not granted, sexual harassment, and importantly, a lot of criticism for municipal bigwigs who at the same time were labour brokers (evidently this is a big issue in Welkom). Some criticised Gov, and suggested if Gov stopped using Labour Brokers half the problem would be solved.

I think that the Unions mobilised people to come forward, some very articulate, and some rather unsophisticated, but all with the same message..

There was no interaction at all between the committee and the audience.

The meeting closed at about 8.15, with a brief summary by the Chair to the effect that a decision had not been made, but that the voice of the people was clear in that there were only 3 submissions by labour brokers.

My Consultant Tumi Kokome, was interviewed by TV, and from what I saw on TV this morning he did a pretty good job of it. He was asked to make himself available, and off he went and did his thing. I think it is vital that at the next hearings this “spot” is maximised, and I think using someone like Tumi (an employee of a labour broker), may carry more weight than using one of our usual spokespersons.

So overall we got a pretty good hammering, but were able to say our piece without any interferance from either the chair or the audience.

By Carien du Plessis

As public hearings about labour brokering got off to a slightly chaotic start in Welkom late yesterday, the National Union of Mineworkers called for the ANC to use its majority in Parliament to push for laws to ban the practice.

Announcing today’s start of mass action by trade unions against labour brokers, Numsa general secretary Irvin Jim told journalists that labour brokers turned people into “modern-day slaves”.

Labour brokers are responsible for matching people with jobs, but Jim said this often meant that employers shifted their responsibility for looking after workers to the broker, who in turn did not care about the workers but rather about profits.

It was also difficult for trade unions to organise those who worked for labour brokers, he said.

Jim blamed labour brokers for the deepening inequalities between rich and poor and white and black.

“In a society with high levels of inequalities, it is a crisis to allow this system to flourish,” he said.

Numsa president Cedric Gcina said the union’s definition of labour brokers included established employment agencies such as Kelly Girl, Adcorp and TES Connect.

Labour federation Cosatu, in a statement yesterday, called for support for the mass action planned by trade unions, saying labour brokers were largely to blame for the “casualisation” of labour.

Although Parliament’s portfolio committee on labour, chaired by ANC MP Lumka Yengeni, gave Cosatu a sympathetic ear in recent public hearings on the issue, President Jacob Zuma has said that the party supported the regulation, rather than an outright ban, of labour brokers.

Labour Minister Membathisi Mdladlana has also suggested better regulation as the better option.

Cope and the DA last week came out in united support for improved regulation of the labour broker industry.

However, Jim responded by saying that they “would gladly throw us back into the dark old days when black and African workers were not allowed to form trade unions”.

DA MP Ian Ollis said that the public hearings on labour brokers in the Free State were not properly advertised and had started off in disarray.

He said initial submissions were all made by Cosatu members who “appeared to be reading from faxes” from head office rather than workers relating their experiences”.

• This article was originally published on page 2 of The Mercury on October 06, 2009

According to the secretary of the PPC Labour, Ms. Kakaza, as of today at 10:30am, the venues are as follows:

Free State – Monday 5 October 2009

- remains unchanged and will take place at the Thabang Community Centre in Welkom at 4pm.

North West – Tuesday 6 October 2009

- this has changed. It will now take place at Shaft 1, Vaal Reef Mine in Klerskdorp starting at 4pm

Gauteng – Wednesday 7 October 2009

- remains unchanged. It will take place at the Ekurhuleni Council Chambers, corner of Queen & Rose streets, Germiston starting at 5pm.

KwaZulu Natal – Thursday 8 October 2009

- the venue has been changed. The hearings will now take place at the Winston Churchill Theatre in Pietermartizburg with proceedings starting at 5pm.

The hearings are a follow-up to the hearings  that were held in Parliament (Cape Town) on 25 and 26 August 2009. The Committee took a resolution that the hearings should be extended to provinces where labour broking practices are deemed to be rife. This would enable the Committee to get first hand information from workers, communities and business about the extent and effects of the labour broking practices.

The Committee invites representations/affiliates to attend and take part at the hearings. Dates, times and venues are detailed hereunder:

Free State                           

Mon 5 October 2009         4pm           

Welkom   -   Thabong Community Centre

North West                        

Tues 6 October 2009         4pm           

Klerksdorp   -  Jouberton Community Hall

Gauteng                              

Wed 7 October 2009         5pm            

Germiston    -  Ekurhuleni Council Chambers

KZN                                        

Thurs 8 October 2009          5pm          

Pietermaritzburg    -   City Hall, Msunduzi

All correspondence should be addressed to Chairperson, Ms LE Yengeni and marked for the attention of Ms A Kakaza, P.O. Box 15, Parliament, Cape Town 8000.

Tel: 021 403 3765                             Fax: 086 694 3529

Email: akakaza@parliament.gov.za