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COSATU Today | Memorandum
Memorandum to Aquarius K6 shaft
28 November 2013
COSATU has been for years calling for the banning of labour brokers, who get rich by exploiting workers and undermining their job security. Our call has always been based on the campaign for decent work; and job security is a fundamental measure of decency.
The current statutory definition of a labour broker under South African law, is "any natural person who conducts or carries on any business whereby such person for reward provides a client of such business with other persons to render a service or perform work for such client, or procures such other persons for the client, for which services or work such other persons are remunerated by such person"
So labour brokers do not create employment. They create a triangular relationship - between "client Company", labour broker and worker to the benefit of the broker at the expense of the worker. They are modern day slave owners and the system must therefore be scrapped.
COSATU has observed that most of the workers who work in the Aquarius K6 shaft are employed through the labour brokers and this is against our campaign for decent work.
COSATU will fight until there are no months, or even a single day, in which our people suffer at the hands of labour brokers.
COSATU have observed that the communities who live in the mining areas are not benefiting from the riches that the mines are making and thus most of the mines fail to have social labour plans, and in cases where they have, they fail to implement them; and Aquarius is one of those companies who fail to have social labour plans which will benefit the community where it is mining.
The economy of our country is still benefiting people based on racial lines and this is due to companies failing to adhere to transformation policies like broad based black economic empowerment and the preferential procurement policies; also in this regard Aquarius is part of those who fail to adhere.
In the past year about 400 workers have been dismissed by Aquarius, adding up to the ever increasing unemployment and poverty statistics of our country. Several attempts were made to plead with the company to reinstate them but the company has blatantly refused and instead it has replaced them with labour broker employees and contract workers.
People in this company continue to be employed on the basis of the relation with those who are in positions of power.
COSATU demand the following:
1. The reinstatement of the 400 employees who were dismissed in the past year.
2. The banning of the labour brokers and the employment of all the workers who are under labour brokers by Aquarius.
3. The development and implementation of the social labour plans in consultation with the community which is living in the area where the company is conducting business.
4. Adherence to the broad based black economic empowerment and preferential procurement policies
5. The end of nepotism and employment based on credential and not relations.
6. Full protection of women and all workers during working hours.
7. The company to build proper houses for all their employees.