Special Hearings — Business Hearings — 1997-11-12

PROF WIEHAHN: You invited me to make a submission to your Commission which I've gladly done and I'm glad it's not on gambling, it's on the past.
 I find myself in the same delightful dilemma as a mosquito in a nudist camp;  delighted at the prospects, dilemma is where do I start and where do I stop.
 I have submitted a submission to you, Sir, and it's therefore ready and I want to start off on a broad philosophical basis and I know you've put a time limit on my presentation.
 I want to start off with a list of truisms which I think apply to South Africa of the time, all of which had a major impact on my thinking, about this dear land and its wonderful people.
 The first is that I've learned from history that people and particularly politicians do not learn from history.  What has happened in South Africa in the past decades is a repetition of what had happened in Rome about 2000 years ago;  the Trojan horse saga in ancient Greece and other civilisations.
 That is perhaps the reason why politics is described as a conflict of interest, masquerading as a contest of principles.  One of the most severe tests of any established society is its capacity to adapt itself to the changing pattern of sort in the modern world.
 South Africa should have headed the changing sort in the world after the last war.  Experiments in social engineering are very costly and invariably lead to disaster and eventually to a revolution.
 Thirdly, Mr Chairman, people excluded and oppressed by law and policy have no hope, but come power.  If laws are the enemies of people, they will be the enemy of laws and those who have much to hope and nothing to lose will always be dangerous.   
 People who are put down against their will, will stand up.  I hope that freedom will prevail and that there will never again be a concerted effort to put a certain group of people down by any measure of means, because they can only lead to conflict.
 Finally, my fourth premise is that a society without the desire and willingness to change, have no means to survive and without that desire and willingness runs the risk of losing even that which they so religiously would like to preserve.
 Mr Chairman, briefly the history, and I'm here today to talk to you about the changes in the labour field at that time.  Our commission's reports' recommendations were regarded as revolutionary.
 Now, I want to go back into the history just to show the roots of what had happened in the 60's and in the 70's, late 70's rather.
 The first trade union was established in 1881.  It was a White only union and from then on unions developed very rapidly in a number of variety of industries and played an active role in politics and economic and social life of the country.
 I'm not going to repeat all the commissions, the Chapman Commission and all the commissions thereafter, Mr Chairman, I want to go on by saying;  summing up that all these reports, if one had studied them ...(tape ends)
... levels and European workers.  The first Black trade union followed after the third World War.  It's in doubt whether it was 1917 or 1919.  Some of the sources put 1919 and some put 1917 as the year, but they started off, because they could not be members of White only trade unions and could therefore not negotiate in a formal collective bargaining system. They were therefore not active role players in the 1922 revolution. 
 What we called the Rand Revolution and as a result of the strikes in 1922 the Smuts Government fell in 1924 and was succeeded by the Hertzog Government and the new Government immediately promulgated the first Industrial Conciliation Act, no. 11 of 1924.
 That Act excluded Black employees and the trade unions from the industrial council system which was the formal system for negotiation between employers and employees and trade unions.
 Now, this exclusion was achieved by defining employee as anyone working for an employer except those who had to carry passes in terms of the various pass laws in the various provinces. Blacks had to have passes at that time.  Blacks were also excluded from the apprenticeship training in the designated trades.
 Now, the influx where approximately 300 000 poor Whites into the urban areas at the beginning of the 1930's, led to the appointment of the Van Reenen Commission. That commission repaired a small mistake in the 1924 Act by including, because there was doubt as the whether Black women in the Free State had to have passes or not, and therefore they qualified as in definition of an employee in terms of the 1924 Act and the Van Reenen Commission rectified that and said no, all Blacks out of the system.
 That Act, of course the second Act, was the Industrial Conciliation Act number 36 of 1937.  From then on it was clear that all Black employees were to be excluded from the definition of employee in the terms of the Act.
 Now, when the National Party came to power and the Botha Commission was appointed almost immediately, the commission's support led to the promulgation of the third industrial conciliation act, number 28 of 1956.  The report is a comprehensive document and cannot be dealt with here in any detail.
 It's sufficient to say that it clearly contains much more ideological recommendations than the reports of previous commissions.  
 The Act was based on a report which contained in essence provisions with the following principles.  The clear exclusion of Black workers from the definition of employee and therefore also from the industrial council system.  
 Job reservation, in terms of which certain categories of jobs could be reserved for certain race groups and the existing Coloured and Indian Unions, because we at that time we had what we called semi-integrated unions consisting of Whites, Brown people and Indians.  
 Now, these two parts in semi-integrated union had to be separately registered and if there were any Whites in that semi-integrated union only they could be eligible for the management of the union.
 Now, being excluded from the definition of employees, no further mention is made of Blacks in that act.  A different system for Black labour relations was created in a Black labour settlement of disputes in the settlement of disputes act, number 48 of 1953.
 Now, this Act provided later on for the committee system, the works and the liaison committee, and these committees had no official bargaining power.  So where as these Black workers were sort of levelled down to the shop floor level, they could not participate in the macro level.   Therefore the Black workers had no say in the terms and conditions and the wages.  Black employers ironically enough were not excluded from the definition of employer in the 1956 act.  Presumably there were very few, if any, Black employers of real labour relations significance at the time.
 The apprenticeship act, number 37 of 1944, was colour blind.  However, each designated trade had its own apprenticeship committee on which trade unions, White only trade unions and each particular trade were represented by the trade union.
 The result was that very few of any Black apprentices could be (indistinct) in any of the designated trades for training as an artisan.  As the time passed, Mr Chairman, during the late 50's and the 60's different laws were dealt which dealt with labour were amended to meet the needs of the time, political and otherwise.  Strikes occurred and labour unrest flared up in which Black workers and other sympathetic organisations played a role.
 Black trade union per se were never banned in this country as in the case where South Africa accept they got involved in politics as the case of South African congress of trade unions which was a labour arm of the ANC.  Then they were banned.
 The middle to the late 70's were characterised by the following scenarios in the field of labour relations in South Africa.  I'm not going to deal with the different codes of conduct.  There was some codes like the USA Sullivan code, the European corporation code, controlled by the EC code of conduct, the commission on trans-national corporations united nations, the tripartite declaration of principles concerning multi-national corporations and a host of other codes which emanated from individual countries.
 Each had its objective to alleviate the position of Black workers in South Africa.  In addition a number of codes from local non-governmental agencies also existed.  Now, as far as the Industrial Conciliation Act was concerned and that was the back bone, I'm coming to that later on, that particular excluded the following.
 It excluded the civil servants.  Their labour relations was regulated by the public service act.  It was a mere consultation process between the public service commission and the workers.  
 It also excluded provincial workers.  Their labour relations was regulated in different provincial ordinances.  It was the same as that of public servants.
 Then the police force was excluded.  Their labour relations was nothing more than an agreeness in procedure in terms of the police act.  
 Then of course South African transport services whose labour relations was restrictively catered for in the South African transport services act.
 Approximately thirteen trade unions existed in the South African transport services when we started an industrial council system for them.
 Black workers were also excluded.  Their labour relations were regulated in the works- and liaisons committee system in terms of the Act which I've already mentioned.
 This Act eventually became the Black Labour Relations Regulation Act and then also persons in respect of their employment in farming operations or domestic services, offices of parliament town clerks, colleges, schools and other educational institutions and the defence force were all excluded from this particular act.
 Workers in these sectors had either no system for the regulation of their labour relations or no more than a consultation system.  They were merely consulted by their employers.
 Now, the system of labour relations in South Africa of that time could be described as diverse, multi-tuitional and fragmented.  The Industrial Conciliation Act of '56, the back bone of labour relations in this country in essence applied to every undertaking trade or industry or occupation in the private sector only.
 I have this letter in my possession as part of my collection of letters.  I also have a letter from the president when he was in the prison which I really treasure and this letter which I have was written by our department of labour to our ambassador in London, high commissioner at time in March 1964 to tell him to tell the ILO that we must get out of the ILO.
 So, and we also left the international employers organisation in the late 70's.  So, Mr Chairman, you can see we had a system at the time which was discriminatory.  It was a system which was very diverse and we were very isolated.
 Now, I'm not going into the reasons for the Commission for the appointment of the commission, the now so-called Wiehahn commission.  It's a very wide subject, but it was a golden opportunity, Mr Chairman, very belated I must say to bring fundamental changes in the philosophy, idealogy, politics, law, practices and custom of labour in South Africa.
 The commission worked under extreme pressure from all sides;  from liberal groups, right-wing organisations was - at that time we had a leak on the commission and people outside knew exactly what we discussed on the commission during the day.  
 We also had pressure from the international world, commerce and industry, politicians, employers, organisations, trade unions and the media.
 We really needed about five years to conclude our research studies, liberations, conclusions, recommendations.  We completed our task in just more than for years.  
 Thirteen laws were referred to us while the basic philosophy and policies of the time upon my request were also referred to our commission at the time.
 Now, this very wide brief enabled the commission to purge the entire system, which we did.  It was also the very first multi-racial labour commission in the country's history.
 The commission's report consist of six parts of which parts one and part five form what I would call the dynamite parts;  the others not being of less significance.
 It is not possible to deal with all the recommendations.  Weave gone, at that time, through 55 000 pages of evidence.  We visited every site, went down the mines and we worked all over the country.
 Now, our recommendations are contained in a very thick book.  It's available and I've handed in a book to you, Mr Chairman, as part of the report.
 The recommendations, however, can be dealt with according to the following structure.  The first that we discussed and we discovered;  that it's the fundamental right of every person in a country to work.  The right to work.
 Every person has the full right to sell his mental and muscular energy in the service of an employer for a remuneration.  The system of influx control at the time, job reservation, the quota system and other similar measures applied in South Africa, infringed this right of Black people and to a lesser extend of other non-Whites.  The commission recommended their removal. 
 The second was the right to associate every employer and employee in the entire economy, public and private sector had the right to form and join employers, organisations and trade unions of their choice. 
 The commission recommended that this right be fully recognised and contained in law and policy irrespective or race, colour, gender or creed.
 The third one was the right to bargain collectively.  Every employer or employers' organisation and trade union have the right to negotiate collectively in a forum at the industrial council on the contents of the relationship between them.
 The commission recommended this right be recognised and extended to all worker in economy, including the public sector.  
 The third - the fourth one is the right to withhold labour and the opportunity to work.  Every employer and every trade union, if in conflict with each other and in the case of a failure to settle their dispute, according to the recognised procedures, have the right to lock out or to strike as it means applying pressure to the other side.
 Number five, the right to protection.  Every employer and every employee have the right to be protected against victimisation, discrimination, unfair labour practises and risks and dangers inherent in the work situation and finally old day cares and concerns.
 The commission recommended the full implementation of this right for all role players in economy.  A comprehensive system was recommended.
 Then, finally, the right to development.  I want to deal with this very briefly as a recommendation to the Commission.  Every employer and employee have the right to be an educated and trained for and in the labour market.  The commission recommended this right be fully recognised and implemented in economy and that all barriers of whatever kind be removed.
 Other recommendations in principle to achieve these objectives of the above mentioned recommendations, were as follows.
 First, the removal of all discriminative measures that stand in the way of implementing the new system.  
b.  The establishment of the industrial court to adjudicate in labour disputes.
c.  The establishment of a national man power commission to investigate, research and advise Government on labour matters.
d.  The full admission of Blacks to the apprenticeship system in the designated trades.
e.  The establishment of a national training board to structure, encourage and facilitate training of people for the economy.
f.  The return of South Africa to the ILO and the IOE and rectification of further ILO conventions which are applicable to South Africa.
 Furthermore, that South Africa should seek maximum co-operation also with other international labour organisations and should subscribe to all declarations that propagate to support above mentioned labour rights.
 Now, Mr Chairman, those were the six fundamental rights which formed the back bone of our commissions' recommendations.  On a personal note, Mr Chairman, I'm must conclude that it was a very difficult, but most exciting, interesting and effervescent time of my life.
 I was popular with many, here and abroad, but also fiercely hated by others.  The formula for success of course in life is difficult to find, but the sure formula for failure is to try to please everybody.
 I believe at any rate, I've always believed that the person who does not benefit the world by his life, does so by his death.  
  Those were challenging times and I maintain that if the labour scene was the right place to detonate the implosion of Apartheid, because the work place was the really the place where we were integrated and that's where we rub shoulders with our fellow South Africans for eight hours per day and that time we predicted that the commissions' report was the right mechanism to do it.
 It's recommendations were revolutionary and far reaching at the time.  It set the cat among the pigeons in the political field, initiating inter-alia the formation of the Conservative Party and others.
 The fundamental principles annunciated by the commission will remain and endured forever, though there will be changes as we have it now under the new Government, but their timelessness as I believe will always ensure their survival as long as we continue to have a democratic system of Government in South Africa.
 So, Chairman, against that background I would like to recommend;  and I've had this ideal for many years.  My recommendations are in three areas.
 First, I believed that we should have a sub-equatorial international labour organisation which would include all the countries in Southern Africa up to the equator.
 We've been isolated for so long.  We left the ILO as I've said n 1964 and the IOE in the late 70's and I believe that the Southern sub-equatorial international labour organisation in which South Africa can take the lead, will do a lot to alleviate the problem of people coming across our borders looking for work here.  That is my first recommendation.
 The second is, Mr Chairman, I believe there should be a national stand from trade unions' side and we do need a confederation of trade unions.  Although COSATU's name COSATU is confederation, but the true confederation consists of confederations and there should be a unity among the trade unions to express themselves on policy matters, as relating to whatever sphere of life they find themselves in everyday.  
 I believe the same should apply to employers.  We should have more unity among our trade unions and among our employer's organisations.
 Finally, linked with those two, I believe, Mr Chairman, we have tremendously backlog in training people.  Trained people, all trained people are potential employers.  We have an over supply of workers in the country and a shortage of employers.
 I believe what we should do;  we should concentrate as much as possible on training and development of our people, because then we will restore the balance between this over supply and under supply between the two poles.  
 I believe we do need a common strategy in which we can consider and apply a development plan for the future in which our people will find, not so much job is very important;  the job market's importance, Chairman, but I call it an income market so that everybody can survive and sustain a decent level of living in this country.
 Thank you very much, Mr Chairman.