The trade union movement has had an illustrious history peppered with some unfortunate incidents often tinged with politics and bloodshed.
In South Africa it can safely be said that the trade unions, and in particular the umbrella body Cosatu, were instrumental in effectively striking a blow to the apartheid government.
Under the leadership of the then leader Willie Madisha the unions were strong and unified with their base membership.
In those early years I was a student at Rhodes University and very much in awe of the strategy followed by the trade unions at the time. I studied political science and often used their statements and known strategy as examples in my writings as to how a revolution can be successfully conducted.
The trade unions tried their utmost to be responsive to shop floor issues and were incredibly helpful to the individual members who needed support, advice and representation.
This was the proverbial “shield” of the trade union movement. At the same time, the union leadership was able to wield a “sword” when it came to pushing ahead with their political ideals and wishes. The unions were able to rely on input, governance and indeed leadership from many principled and highly educated individuals.
I recall attending many of the rallies and lectures in the 1970s and the 1980s which were addressed by giants of the trade union movement. It is acknowledged and certainly understood that many of these strikes and actions led to destruction of property and sometimes even loss of life.
They justified much of the wrongdoing and possibly unethical behaviour by stating that they were fighting an unjust and evil regime which needed equal and opposite reaction.
Eventually the trade union movement, allied with many other organisations, was able to usher in a new and democratic dispensation leading to a fair and world-class Constitution.
Our new and fledgling true democracy was brought into being with much hope and many dreams of a great future. Our first president, Nelson Mandela, acknowledged the role of the labour movement and the various trade unions and recognised this with labour rights embedded in our Constitution.
These rights were unpacked very ably and efficiently in the Labour Relations Act which is one of the first pieces of legislation signed off by Mandela. To this day our Labour Relations Act and many of the institutions formed under the umbrella of the Department of Employment and Labour have been hailed as revolutionary and forward thinking.
By then I had been practising as a labour lawyer for 10 years and was extremely excited about the prospects of fair and equitable labour relations in South Africa.
Under the firm hand of Mandela, our country ushered in first the Industrial Court and thereafter the Commission for Conciliation Mediation and Arbitration (CCMA).
The CCMA, to this day, does its work in terms of the legislation and in terms of its mandate to remain absolutely fair at each turn. The trade unions and employees of South Africa have very effectively been able to ensure that their rights are upheld by using the institutional adjudication processes.
To a lesser degree, the Department of Employment and Labour, through its officials and inspectors, has tried, with varying success, to uphold a fair workplace. The working class received at last a structure which could be trusted and which could deliver.
These structures have been respected by the trade unions and their shop stewards and have been a very useful tool in trying to ensure labour peace and justice. Over the past 30 years I have been intimately involved as a participant in the various labour legal structures throughout South Africa.
The majority of my experiences have been extremely positive and my faith in the system post-apartheid has grown in leaps and bounds.
* Michael Bagraim.
** The views expressed here are not necessarily those of Independent Media.
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