Question NW47 to the Minister of Employment and Labour
19 February 2024 - NW47
Mkhonto, Ms C N to ask the Minister of Employment and Labour
(1)What (a) steps of intervention has he taken to resolve the labour disputes between Impala Bafokeng Platinum Mine and its 2 000 employees and (b) was the root cause of the disputes; (2) has the labour union registrar had any engagements with the National Union of Mineworkers and Association of Mineworkers and Construction Union to avoid potential violence amongst workers; if not, why not; if so, what are the relevant details? NW48E
Reply:
1. Honourable Mkhonto, I am aware of the matter you are raising. Our labour laws are thoroughly crafted to deal with matters of this nature. We all want peace, stability, harmony and acceptable working conditions in the workplace. But when the instability of whatever nature rears its ugly head, our laws must kick in and the institutions that are a creature of these laws must then be activated to dive in, when those situations emerge.
Honourable Mkhonto, you will also appreciate the fact that even Minister himself or herself must act in a manner that is consistent with our laws. He or she cannot intervene in disputes in a manner that is outside legal framework, in other words, in contravention of labour laws.
Now, what have I done that is within the parameters of the law? I have met with the trade unions and the employer in the company. This was done through the consensus of the parties. I have appealed, encouraged and nudged parties to reach a settlement on the matter in dispute.
The law has articulated a mechanism on how parties can deal with their impasse. Legislation has established CCMA as a primary institution and impartial entity to deal with workplace disputes. Labour Relations Act, among others, in an attempt to protect politicians from accusation of interfering, meddling in and tampering with the system and of taking sides, does not permit the Minister of Employment and Labour to encroach the zone of workplace disputes between parties.
2. The issues of NUM and AMCU is outside of the mandate of Registrar of Labour Relations. The functions and the parameters of the Registrar of Labour Relations are clearly articulated in the Labour Relations Act. The issue between NUM and AMCU is about recognition in the workplace, whether the other party meets the requirement of being recognised as the negotiating partner with the employer.
The law is very clear that if parties cannot reach a consensus on the matter of the representivity threshold in the workplace, they should approach CCMA to conduct representivity and determine whether the aggrieved party has reached the necessary threshold. Even the CCMA has offered to intervene and assist in resolving the dispute. However, the parties are vacillating on this matter which frustrates the CCMA’s intention to intervene.
The Government is concerned about how parties conduct themselves even on matters that the law has offered dispute resolution mechanisms. To add to the work that, we’ve already done, we are envisaging meeting the sector to engage on the conduct of parties.
END