Issue 16, Vol 9:24 August 2012
In this issue: Real culprits of catastrophic and desperate Marikana not in the dock Real culprits of catastrophic and desperate Marikana not in the dock By Mawethu Rune On the 16 of August 2012, thousands of mine workers in Marikana woke up prepared to make all possible sacrifices and all means to persuade the employer in demand of R 12 500 monthly salary, 34 of them little did it know that such sacrifice would be ultimate. They knew that situation was volatile already ten lives have been lost but no person would have prepared them for deadly confrontation with the police, even the ‘’inyanga’’ which thought can it make them invincible would not have prepared them. Following gunning down of 34 which was widely reported all who respect human life worse those who associate with workers and working class struggle in general must in shame hang their heads. Eighteen years into democracy it is an embarrassment that protesting workers whether armed or unarmed, whether led or mislead, whether organised or unorganised, whether conscious or unconscious must lose their lives in hands of police who are supposed to protect them from killings. I have in somber read and listened to many commentaries and analysis, which centred on one point who must be hanged and crucified for these deaths. One school of thoughts vociferous and highly liberal appeared to be well covered in media is that employers have done all what they could and this is nothing but turf war between unions, with NUM weak and having lost ground in favour violent AMCU, bordering if not pronounced in that unions must banned or government must press ahead with further labour flexibilities in favour of sanity. In contrast another school of thought was that those who organised illegal strike, armed marchers and charged at police must be held responsible. Third didactic stream viewed this as beginning of revolution led by fed up workers from super exploitation from employers and self-enriching unions on the other hand, and therefore workers were massacred because police as state apparatus are protecting interest of ruling class (employers in this instance) There was also opportunist who cared only to scream to whoever listened in that Zuma administration has brutally massacred workers and therefore he must not be re - elected in Mangaung. Pseudo psychotherapist’s argued that this was inevitable; government has failed to deliver to all therefore these are results. While of these observations could gravitate towards sound perspective but majority of them were purely metaphysical in that they viewed Marikina tragedy as only an accident and great pity. If those who armed were not armed or those who shot may have not shot all that could have been avoided and therefore find those who acted illegally on 16 August and arrest them then justice is served. They deny themselves opportunity to study the context, linkages and essence. That is why in this regard Presidential Commission of Enquiry must be welcomed as a platform to provide answers than many conspiracy theories which we are fed currently. But knowing who organised the illegal strike, which armed protestors, who killed ten people before Thursday, whether police not have handled the situation better, were police acting in vengeance or defense. Important as answers to these questions are but to me they are not adequate in interrogating the context and cause that led to that sad day. Even if answers to above questions are found as they should, prevailing conditions which ferment causes which gave rise to such desperate situations would have not been addressed. Meaning prospects of similar incidents would not be prevented or at least managed from future occurrence. Put otherwise if it’s only established that Joe Soap agitated and armed workers but also police X should have handled the situation better that does not per stop the underlying causes or similar occurrence somewhere else whether at small scale. The context of South Africa economy reflects a stark reality that after series of wars of resistance, majority of population which happened to be black was brutally pushed to periphery of mineral - export orientated economy. Those in periphery like Eastern Cape out of desperation were to sell their labour power to big mining houses, hence there it is no surprise that majority of those who are most vulnerable and out of sheer desperation on daily basis risking their lives in digging gold in exchange of meager R 4 000 while employers sit comfortable in their luxuries and rick in trillions of profit. While these vulnerable workers risk their lives, they live in squalor, they socio - economic conditions are horrendous and therefore yes they deserve decent wage too, they deserve better houses, they deserve safe working conditions. This frantic working and living conditions are not making unions but those of mining are only obsessed in seeing workers underground digging the minerals for them to reap super profits, with no treatment of while natural resources that are plundered, underground water polluted , and killing or injuring thousands upon thousands of workers in those hazardous conditions. With dawn of democracy competing interest accrue, with workers better organised under NUM and therefore demanding slice of wealth they make, while on the other hand employers seeking every means possible to stratify the workers in introduction of casual workers, lay off, labour brokers etc. But strategic stumbling block in reducing input cost of workers and sustain super profits for employers have always been this NUM. Hence as evident now in Marikana attempts to undermine collective bargain of workers has always been there, either by luring workers and negotiate outside bargaining structures or create a pseudo union that appear militant but its demands are acceded as to raise its profile and discredit NUM only for that to be short lived as it has been done in this instance by BHP Billiton, AMCU. All this is done in attempt to further stratify workers and erode their confidence in organised unions. Coupled with that illogic of capital in its ruthless pursuance of profits, inherently creates crisis’s as evident now with capital crisis of 2008 and now the Euro - crisis with all plunge and eat in their employers profits, but it be workers who bear the brunt of lay - off’ s and massive retrenchments. Only now on 22 August 2012 employers brief media in mining weekly reported that this transitional mining giant BHP Billiton reported a 15% decline in underlying earnings before interest and tax for the financial year ended June, as well as a 21% decline in attributable profit. It reported that Underlying earnings for the 12 months reached $27.2-billion, compared with the $31.9-billion, while profit from operations reached $23.7-billion, compared with the $31.8-billion in the previous financial year. Exceptional items totaling $1.7-billion contributed to a 35% decline in attributable profit to $15.4-billion. Therefore it is not only mischievous but comical to attribute the Marikana tragedy to rivalry or weakness of unions and ignore real issues of context that gave rise to desperate situation and matches that started the fire by undermining collective bargaining structures points to mine bosses. It would be miscarriage of justice if only drug users are brought to book not drug lords, if only prostitute are brought to book not pimps, therefore not only those who shot must be brought to book but those who created this desperate circumstance must never escape. Government cannot stand by when mining houses a clear only interested in profits, enforceable mining charter must state categorically that is a responsibility of employer to unsure safe working conditions, decent living wage, social investments, sufficient benefits for employees and proper and adequate settlement for mine workers etc. These development also confirms what would happen if we ever dare allow weakening or wishing away of unions in country, further scientific evidence demonstrate that the common law principle articulated on the basis that the relationship between employer and employee is based on the contract. Therefore this relationship of the employer and employee is best left for its regulation and determination to the specifications of the contract, and it must be regarded on contract of employment as of an individual nature. This was however found wanting in regulating the changing nature of an employment contract, particularly as it relates to the stronger bargaining power of the employer, who owns the means of production, against the weaker one of the employee, who works the means of production. One of leading academics in labour law in his book Workplace Law, Grogan further explains the deficiencies of the common law, which need to be addressed by legislation: "The common law contract of employment is individualistic in nature, paying no regard to the collective relationship between employees and employers, which became of increasing importance with the growth of the trade union movement. The common law does not cater for the inherent inequality in bargaining power between the employer as the owner of the means of production and the employees, who are entirely dependent on supply and demand for their welfare and job security. The common law pays no regard to the employment relationship, giving the employee no inherent right to press for better conditions of employment as time goes by. The common law emphasis on freedom of contract encourages exploitation of labour. The common law does not promote participative management, in which workers have a meaningful say in at least those management decisions, which directly affect their working conditions and legitimate interests. The common law does not provide effective protection to the job security of employees." One have observed many from comfort of their leather sits and air conditioned offices today being bold that NUM is weak, it has lost grasp of workers and it has failed to negotiate better deals of its constituency, when in actual fact as we recognise 30 years of NUM existence we are actually celebrating 30 years of militant struggles of mine workers led by NUM and its forebears against super exploitation and hazardous condition on mines of this country. We must remind those who have selective amnesia that NUM have carried sins for discovery of minerals in this country. Many attempts in the past have been contortioned by capital to break the backbone of NUM but in vain. Equally worrying development in Marikana which has not been interrogated is what appears to be regress in progress on national question. Strides have been made in creating one non - racial, non - sexist, democratic and united South Africa but when hostilities among working class are on the rise on the basis that people living in North West and particular community of Marikana fell entitled that it have preference in getting jobs than those who hail from outside meaning Eastern Cape and other parts of South Africa. Mineral deposits of this country belong to all South Africans and all have equal claim to wealth beneath the soil. Also as we celebrate women month it must be rejected the backward stereotype with once more has been proven to be fallacy as evident in Marikana in that women are object of weakness and when men are to be strong and prepare for low intensity warfare they must not mix with women. And degrade a role of women as only to plead for their men, very far from men in risk of being weakened by this weak species. Mawethu Rune is a National Deputy Chairperson of the YCLSA Sent from my iPad -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] .
