** Issue 18, Vol 9: 14 September 2012
*In this issue:*
- Marikana, violence, intimidation, killings and important questions
from a collective bargaining perspective <#139c483cc636da13_one>
[image: Viewpoint by Alex Mashilo]Marikana, violence, intimidation,
killings and important questions from a collective bargaining perspective
*Alex Mashilo is YCLSA Gauteng Provincial Secretary Writes in personal
capacity*
What has been and is happening in Lonmin Plc in Marikana, Rustenburg? This
is and will continue to be the subject of discussion, in this small piece,
and elsewhere in the present period and in future. This small piece not
only discusses what happened and is happening in Marikana but also poses
questions from a collective bargaining point of view for further
engagements.
In 'Lonmin Plc 2012 Interim Results Announcement' (14 May 2012) the
company's CEO Ian Farmer states in his review that he is "pleased to report
that the company delivered a solid operational performance in the first
half of 2012 financial year in spite of known and significant disruptions
during the period" (p. 4). Two important themes from this statement are
worth highlighting.
First, the company *delivered a solid performance*. Farmer expressed
"sincere gratitude to all... employees, contractors and community members
for their support and commitment to delivering "a solid performance in the
first half of 2012" (p. 10). Counting from 31 March 2012 backwards, by the
first half of 2012 it clearly appears reference is made to the period
starting 1 October 2011 and ending 31 March 2012.
It is important to underline the fact that the company "delivered a solid
performance". At least one of the reasons for this is worth highlighting.
In its website[i] <#139c483cc636da13_1> Lonmin Plc states that it is
successful when its "employees live and work safely and experience the
personal satisfaction that comes with high performance and recognition".
There is no doubt the company's "employees, contractors and community
members" performed well as recognised in the "sincere gratitude" expressed
to "all" of them by the CEO.
I must highlight that it also makes sense for the CEO to express "sincere
gratitude" to "contractors" (i.e. out-sourced workers) and "community
members". But as to what Farmer meant by that is something else.
In *'A critique of The German Ideology'* Marx correctly states that by
producing their means of subsistence workers also produce their material
life. This material life is also being reproduced daily in communities and
households, but capitalists like Lonmin Plc do not pay for that
reproduction. It clearly appears the expressed "sincere gratitude" by
Lonmin, which might not have been expressed for the first time, does not
translate in better life in the community.
The conditions of the communities surrounding Lonmin Plc's operations in
Marikana speak for themselves. This is no different from other working
class and poor communities inclusive of the working poor as located in
other strategic industries in our economy. The province of Gauteng typifies
this situation. It is the centre of the South African and our continent's
economy. But if you follow workers to the communities in which they live
you will arrive in Alex in Johannesburg North; Alaska in Mamelodi, Tshwane,
Ramaphosa in Ekurhuleni, Sicelo Shiceka in Midvaal and so on. There are
squatter camps or dilapidated areas like Alex. Linked with this the main
contention at Lonmin Plc Marikana operations, is that workers want to "live
and work safely and experience personal satisfaction".
It is important to note that in the ultimate analysis we are not just
talking about the fact that workers want to "live and work safely and
experience personal satisfaction" linked with a "solid operational
performance" in the first half of 2012 as reported by the Lonmin Plc's CEO.
It is important to bear in mind that we are talking here about a company
that is recognised and recognises itself as "the world's largest Platinum
producer" ('Lonmin Plc 2012 Interims Results Announcement', p. 2). Without
workers definitely such a performance position is inconceivable.
The second theme in Lonmin Plc's CEO review is that "in spite of known and
significant disruptions during the period" a solid performance was achieved
in the first half of 2012 financial year. Farmer (14 May 2012) states that
"Labour dynamics are going through a sea change, with the emergence of an
alternative trade union in the PGM [Platinum Metal Group] mining industry,
in the form of the Association of Mineworkers and Construction Union
[AMCU], to rival the dominance of NUM". Underline the choice of the phrases
"alternative trade union" and "to rival the dominance of NUM". From the
above it can be inferred that the probability is that what Farmer refers to
as *known and significant disruptions* did not end by 31 March 2012 but
continued and grew quantitatively.
For Lonmin, AMCU is an "alternative" trade union and it will "rival the
dominance of NUM". Hang on a little bit here. What type of a trade union is
the one seen by management as an "alternative"? What do workers stand to
benefit from organisational disunity and fragmentation? There has to be a
thorough inquiry into these questions. As it stands, clearly it is not
workers but capital accumulation on a private basis by the bourgeois that
stands to benefit from the emergence of the so-called "alternative" and
small unions, disunity and fragmentation. Many sections of the media,
parliamentary and extra-parliamentary opposition have over the last few
weeks intensified their support for the fragmentation of worker
organisation, by supporting the so-called 'alternative" and small union.
When bourgeois supporters and chief spokespersons such as a larger
proportion of economists push for something as a worker I have always known
that it is not in my by the bourgeois interests. What we must press for is
the maximum unity of the workers, the advancement of the COSATU-SACP policy
of one industry one union and one country one federation, and for the
workers of the world to unite because they have nothing to loses but their
chains - a clarion call by Marx and Engels in 1848 in the *Manifesto of the
Communist Party*.
Closely related to the development at Lonmin Plc's Marikana operations and
bearing similar features, is the situation that broke out earlier at Impala
Platinum, Rustenburg. There the emergence of an infant trade union AMCU was
driven through violence. Crispen Chinguno (2012)[ii] <#139c483cc636da13_2>,
a post-graduate student at the University of Witwatersrand documents the
emergence of AMCU at Impala Platinum in Rustenburg. Clearly this union
finds manifestation through and emergence through violence.
Writing about what happened at Impala Platinum, Chinguno (2012, pp. 10-11)
highlights the following: workers "were usually attacked in the early hours
of the morning when the first shift was scheduled to start"; the violence
"was apparently coordinated by an underground violence committee and its
networks" and is used "as a strategy to forge worker solidarity"; "In the
first fatal incident the victim was caught in the early hours of the
morning and stripped naked before being fatally assaulted and left... dead"
and many "such incidents followed as the violence escalated"; "In the
height of the strike a video footage of captured men and women scabs who
were forced to strip and toyi-toyi nude was circulated via mobile phones";
and "Amcu held a mass meeting which resolved to shut down all NUM offices".
Many of these activities are no different from what has been taking place
at Lonmin Plc operations in Marikana.
Ten workers inclusive of two police and two security officers were killed
by *other workers* between 10 and 12 August 2012. All sorts of
opportunists, rightwing and leftwing alike did not come out against the
violence and deaths, most probably because the killings were not committed
by the police. With no discontinuity in violence, thirty-four workers were
killed and seventy-eight others injured by the police (*who are by the way
workers too*) on 16 August 2012.
But it was only following the events of 16 August that parliamentary and
extra-parliamentary oppositions came out claiming to be condemning the
killings but only the killings that took place on 16 August. These
groupings are blind to the fact that their silence and that of ilk when
workers were terrorised through violence and between 10 and 12 August when
ten were killed has served as a catalyser to 16 August as a culmination and
a continuation of violence. Let alone workers' interests, if indeed the
genuine concern by these groupings was or is the right to life and
opposition to violence then all of them must be asked where were they and
why did they not come out against the killings, injuries and intimidation
that took place before 16 August in Marikana as well as at Impala Platinum.
No doubt the killings and injuries of workers on 16 August must be
condemned to the contempt it deserves. They must be investigated as per the
commission of inquiry established by President Jacob Zuma. And justice must
be seen in action prevailing. The same must apply to the killings,
violence, and intimidation that took place before, on and after 16 August.
Much of these things except to varying extents, some up, some at same
levels and some down, continued even after 16 August to the silence of the
parliamentary and extra-parliamentary opposition. On 12 August it was
reported that another worker was found killed, and the NUMSA came out on 13
August to confirm that the workers was the union's shop steward at Lonmin
Plc in Marikana. Again there were no condemnations from the parliamentary
and extra-parliamentary oppositions and all sorts of opportunists,
demagogues and populists.
The unpublished truth about the parliamentary and extra-parliamentary
opposition, constituted in terms of Marikana by all if not most of the
groupings, organisations and individuals who only focus on the events of 16
August, is that they have a scavenger tendency. What the various elements
in this opposition seek to achieve is to build themselves or their
popularity by scavenging over deceased and injured workers with focus on 16
August. Huge volumes of misleading propaganda including likening Marikana
with Sharpeville and other apartheid regime massacres are being unleashed
through the media including the factionalised public broadcaster, SABC. The
truth that is being hidden is that there has been worker against worker
violence in Marikana with all the victims being Africans in particular and
blacks in general, and particularly painful, defenceless as well. This must
be condemned to contempt it deserves. Opportunists would not condemn it.
There are at least two forthcoming activities that cannot be ignored by any
serious analysis in all of this, i.e. ANC 53rd national conference
(Mangaung) and the 2014 national and provincial elections. There are many
tendencies in this regard, but three are worth highlighting.
The first tendency is found within our broader movement. This is aimed at
Mangaung and subsequent government elections to advance its own private
interests. This tendency bears some features of "an internal opposition".
In the revolutionary movement we are not prohibited to critique our
government, but our approach is to acknowledge achievements and progress
made, point out at the objective conditions and limitations, and then focus
on our failures from a point of view of constructive self-criticism. What
this tendency does is to work like the external opposition which focuses
mainly, if not only, on the negatives.
The second, more obvious tendency, for example is typified by the newly
formed parasitic political organisation misnamed Friends of the Youth
League (ANCYL) - FYL. This is formed by, and on the basis of support for,
ill-disciplined elements that were either suspended or expelled from the
ANC. This tendency is heavily interested in Mangaung. The elements in this
misnamed (as such because the ANCYL has distanced itself and therefore
refused to accept the "friendship"), demagogic and populist tendency of a
counter-revolution in both its nature and character are on record stating
that they support certain leaders in the ANC for election in Mangaung in
return of being reinstated.
Should this tendency win in Mangaung it could every day bring not only the
ANC but also the alliance 24 hours closer to their graves although
determining how long it would take will not be a simple question to settle.
Under such a situation it would be more difficult to turn things around for
the better. For a revolutionary cadre it is inconceivable to imagine the
ANC and the alliance being led by leaders who would have been propelled by
ill-disciplined, demagogic and populist elements who are nothing but
essentially a counter-revolution based on the private accumulation of
wealth on a private basis through public resources, especially deployments
and tenders.
This tendency is connected at least through deeds (since suspension or
expulsion) with some in the ANC who are on record saying they want
"change", which in fact refers to nothing except essentially factional
change. By the way some elements who say they want change are either part
of ANC or government leadership, or both. For them the modus operandi is to
accept credit for collective achievements and distance themselves from
collective failure. When they speak about change in the leadership they are
actually referring to continuity in the leadership by themselves.
The third interrelated tendency is typified by the parliamentary and
extra-parliamentary opposition including sections of the media. This
tendency is interested in the 2014 national and provincial government
elections and other elections to come, as well as in defending capitalist
accumulation.
The point of convergence in all these tendencies is that either ANC and
State President Jacob Zuma or the ANC itself is the first target of attack.
Revolutionary cadres will not fold their arms and leave this
counter-revolution take over. But while that applies some questions for
inquiry are worth highlighting with regards to Marikana.
Firstly, to what extent is a violent strike an indicator of minority
domination or action? Usually, a strike that is supported by the majority
has the capacity to stop production, which would not require anyone to be
coerced. Secondly, to what extent has the Labour Relations Act reached its
saturation point? With the deepening of precarious employment and working
conditions the number of unprotected strikes is increasing across our
economy. I have been involved in handling some of them as a trade union
official.
All the sectors of our economy consist of the working poor, the wages of
the workers at Lonmin Plc are comparatively no different from what is
prevailing in the rest of our economy. What is the alternative? How can the
struggle to abolish the wages-profit system be intensified because reality
is that it is the wages-profit system based on commodity production and
private capital accumulation of capital that represents the material
substratum of class inequality, poverty and unemployment, as well as the
development in Marikana, Rustenburg and so on?
To what extent is company-based bargaining a solution and to what extent
does it stand to achieve the principle of equal remuneration for work of
equal value? To what extent is company-based bargaining and management's
unilateralism sources of strikes? Workers compare themselves with their
counterparts in similar operations, and from this they formulate demands
for improvements. As long as we bargain door to door this situation is
likely to breakout occasionally. Also, at both Impala Platinum and Lonmin
Plc clearly management's unilateralism including giving selective wage
increases is one of the sources of the problem. The problem is that the
Labour Relations Act is presently incapable of addressing such situations
while in real terms the same act and case law have severely limited the
right of workers to strike.
What can we do to advance centralised bargaining and use it as a vehicle to
harmonise employment and working conditions on an industrial basis,
maximise worker power and improve both effectiveness and efficiency of
coordinating it?
I believe that by engaging on these questions we could start charting the
way forward.
--------------------------------------------------------------------------------
[i] https://www.lonmin.com/about_us/default.aspx (accessed 8 September 2012)
[ii] South African Labour Bulletin, Volume 36 Number 3 (August/September
2012)
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