Workers disunited, Marikana results!
Michael Dingake | Tuesday June 30, 2015 15:21
Had the workers stayed as one at NUM or become one at the new AMCU, the massacre wouldn’t have happened. Workers failed to heed the clarion call: “Workers (of the world) unite, you have nothing to lose but your chains!” Marikana massacre of the new era is contrasted ironically with the Sharpeville massacre of the ancient regime. Unfair comparison. The Sharpeville massacre occurred because, though black workers were united against the pass laws, in terms of the euphemistically named ‘Industrial Reconciliation Act’ those who carried the hated passes were by definition, not workers! Legal analysts, who avow that the law is an ass, probably have the apartheid laws in mind. Of course we have philosophers, who say the law is like piecrust to be broken. One can’t eat pie without breaking the crust. Thus good and bad laws are equally broken. Sharpeville and Marikana massacres however happened during different eras, hence the incompatibility of the comparisons.
The new South Africa has conceived an ideal mechanism one can imagine by the formation of NEDLAC, the apparatus made up of government, workers and employers representatives. This structure is an ideal body to resolve tensions, frictions and fallouts, that crop up from time to time bedeviling good government-employer-worker relations. Within this structure, every element that embodies sources of recurrent sour relations can be addressed. That the mechanism flopped at Lonmin, Marikana wasn’t for lack of trying by political authorities, but due to the fact that the company botched the process and workers unfortunately fragmented, failed to see the wood for the trees. Otherwise political authorities’ attempt is almost impeccable.
Under the circumstances could the Farlam Commission had satisfied all the elements of NEDLAC and interested outside observers to the same extent? Far from it! The affected will each certainly believe in their own cause and hardly in the courses of others, whereas interested observers will be committed to outlook derived from their own prejudices and interests. The official opposition stance will be subject to fault-finding of the ruling party, the Executive, particularly the president who still has to answer to Nkandla, the Spy Tapes and what have you. The EFF undoubtedly will be after Deputy President, Cyril Ramaphosa for his wordy ‘concomitant’ jargon simply because he presided at the ANC Disciplinary Hearing that ultimately led to the hounding of Julius ‘Juju’ Malema from the ANC and the subsequent formation of their angry party! To Juju’s party, Cyril Ramaphosa deserves the hangman’s noose and nothing less. For Judge Farlam’s Commission to absolve Ramaphosa from all allegations must be the unforgivable crime of the Commission. Ramaphosa exonerated, in spite of his suspect ‘concomitancy?’ No, no!
Personally I find the Farlam Report evenhanded. Lonmin typical of any capitalist company that must take advantage of the disharmony within the workers’ ranks and exploit it to the maximum. The Commission found Lonmin did not use its best endeavours to resolve among other things to resolve the disputes that arose between it and the workers, and between its workers who participated in an unprotected strike and those who didn’t participate in the strike. Moreover it didn’t appropriately respond to the threat of and outbreak of violence. Lonmin’s implementation of undertakings with regards to the Social and Labour plans was also criticised.
Against AMCU, the Commission found that AMCU officials didn’t exercise control over members and supporters in ensuring that their conduct was lawful and didn’t endanger the lives of others, it also found that their provocative songs and inflammatory remarks aggravated an already volatile situation. Against NUM it found that NUM didn’t exercise its best endeavours to resolve the dispute between itself and the strikers. Neither did it take initiative to persuade Lonmin to resolve the dispute between itself and the strikers. Nor did NUM exercise effective control over its members in ensuring their conduct was lawful and didn’t endanger the lives of others. Individual strikers, loose groups and non-striking workers also promoted a situation of conflict and confrontation which gave rise directly or indirectly, to the deaths of Lonmin’s security guards and non-striking workers…..
The Counsel for the injured and the arrested persons allegations against Ramaphosa as the cause of the massacre were found to be groundless. Allegations that Minister Nathi Mthethwa was the cause of violence were dismissed by the Commission. The Executive played no role in the decision of the police to implement the tactical option on August 16, 2012, if the strikers didn’t lay down their arms, which led to the death of the 34 persons. Accusations by Counsel for the Injured and Arrested persons, that Minister Shabangu should be prosecuted on charges of corruption and perjury were found to be unsustainable. The Executive therefore received a clean bill of health. AMCU Counsel, as to be expected is suing on behalf of the victims.
The Police strategies were found to have been full of defects. The decision to remove strikers forcibly from the site was not taken by the tactical commanders on the ground but by Lieutenant General Mbombo, the North-West Police Commissioner and was endorsed at an extraordinary National Management Forum of police leadership. Hence daggers being out for Commissioner Phiyega! ‘She must go,’ is the refrain.One wouldn’t be wrong to criticise the SAPS for obvious lack of control of riotous assemblies’ expertise. Countries prone to public protests (SA is one such country) Police Services are trained in non-violent control of protestors!