Speech by Minister of Labour

Programme Director
Presidents of National Council of Trade Unions (NACTU) and Federation of Unions of South Africa (FEDUSA)
General Secretaries
Ladies and gentlemen
Comrades

Worker's Day, 1 May, represents a major milestone in our struggle for freedom and democracy. It celebrates not only the victories in our struggle for improved working conditions but also serves as a beacon of hope that never again will these basic rights be rolled back. It serves as a beacon of hope not only for those who share in the fruits of our struggle, fought over a 100 years ago, but also for those of our countrymen and women who are yet to enjoy these basic rights. We therefore cannot afford to celebrate this Workers' Day like any other holiday. We cannot celebrate it like any other public holiday if we remember the tragic loss of workers lives in 2003, when 51 workers from across the Free State province drowned in Bethlehem. Let us take this moment to therefore honour our fallen heroes and heroines.

In 1994 we inherited a world of work based on economic deprivation, adversarial labour relations and the denial of worker rights, a cheap and migrant labour system, massive income and wealth disparities, systematic discrimination against black people, women and other groups and high unemployment levels. This legacy did not vanish into thin air when we took over the reins of government. Even today it continues to weigh heavily on the working lives of our people.

But despite this distorted labour market framework that we inherited when we assumed office in 1994, we have been successful in delivering on our promise of a new labour dispensation that not only entrenches the rights of those denied to them for so many decades but laid the foundation for sustainable economic growth. We have made significant progress in ensuring that our labour market policies promoted economic growth, employment absorption, sound and stable labour relations, the elimination of workplace inequality and discrimination and ensure the development of skills.

In 2006 together with our social partners, we held roundtable discussions in order to deal with the debate around the duality of our labour market and the need for flexibility in our labour regime. These discussions confirmed what I have always said. It confirmed that the fundamentals that underpin the legislative regime are sound. It provided unequivocal support for our position that our legislation is not up for massive amendments. What it did indicate was that our legislation is geared towards the achievement of the goals set by the Accelerated and Shared Growth Initiative for South Africa (AsgiSA). We accept that in order to fine tune our legislation it is necessary to tweak it in order to remove some of the administrative burdens for small business, this will be done in the context of social dialogue that we have established in the country.

Our successes in effecting a new labour market dispensation have been underpinned by our successes in building social partnership despite often divergent views on our labour market policies. We have succeeded through an ongoing process of consultation and negotiation with our social partners in reaching substantial national consensus on legislation and other measures.

I, however, continue to be concerned about the increase in the frequency of workplace accidents. It should be very clear that our position as government is that 'one life lost in the workplace is one too many'. Workers and employers alike should clearly understand that we have the right to life, human dignity, equality, freedom of expression, association and also freedom to an environment that is not harmful to our health and well being. These are constitutional guarantees that are not negotiable. My inspectors in the past month closed our labour centre in Nelspruit precisely because we believe that nobody is above the law. This action by our inspectors was clearly not an attempt to show the world that our legislation is sound but that it reflects our resolve that the gains that workers made in their fight for better working conditions should not be rolled back, that all workers have the right to an environment that is not harmful to their health and well-being.

I want to also reaffirm our resolve that the employment equity is here to stay! It will stay until we have eradicated those unfair and abusive labour practices that relegate our mothers and young women in the remotest areas of our country to invisibility. It will remain not only to address these discriminatory practices that still exist today but chiefly because it makes business sense. It makes business sense to escalate the achievement of employment equity targets to the chief executive officers (CEOs) and squarely into their business strategies and away from the ambit of middle management in order to give it the prominence that it deserves. It will also remain because it fits in the achievement of the goals set by AsgiSA, to ensure that growth is shared. I have also recently cancelled old existing wage determinations in order to bring those workers under the protection of our Basic Conditions of Employment Act. I will also in the future announce a new minimum wage for workers in the hospitality sector.

This government will therefore continue to spread this beacon of hope to those that have not experienced the protection gained by the valiant struggle of workers almost 100 years ago. But again it is not only about extending the net of protection, it is about creating a labour regime that seeks to address the demands of industry, it is about a regime that responds positively to the requirements of job creation and poverty eradication.

As we celebrate this Workers Day it is important that we reflect on how we have extended this beacon of hope. It is important that we reflect on how best we have contributed to job creation and poverty eradication. It is very clear that there is still a long way towards achieving the objectives that we have set both in Kliptown as well as in our government plan of action. But it is also very clear that we are extending this beacon of hope step by step to all the workers in the country.

The freedoms that we enjoy today resulted from attempts by government and its social partners to ensure the realisation of all our ambitions and I would therefore like to remind our fellow countrymen and women that as we celebrate, we should pause to spare a thought for those who are yet to enjoy these basic conditions.

I thank you!

Issued by: Department of Labour
1 May 2007