COMMISSION
OF
INQUIRY
INTO
SAFETY
AND
HEALTH
IN
THE
MINING
INDUSTRY
11
-the parties agreed that there was some need for
legislative intervention and
restructuring; and that a tripartite body should be set up to review the relations on an
ongoing basis;
-there should be employee participation at all levels of policy formulation and
enforcement in the fields of safety and health;
-there was a need for improved, better directed and more inclusive training;
-there was agreement in principle regarding the right of a worker to refuse to work in
unsafe conditions; and
-it was agreed that great importance must be attached to
the question of research and
development regarding health and safety matters.
2.1.2
The Trade Unions
2.1.2.1 The National Union of Mineworkers (NUM)
The Union is registered, as a trade union within the meaning of the Labour
Relations Act No 28 of 1956, as amended. It was formed in 1982 and
represent about 300 000 members in the mining industry.
The NUM first called for the establishment of this Commission in 1991 in
discussion at the Mining Industry Summit. After investigation and
lengthy discussions the COM agreed to join employee organisations in
formulating proposals for the Commission in 1992. The NUM made
extensive preparations following the announcement in 1993 that a
Commission
would be established, and submitted a wide range of papers
bearing on health and safety to the Commission.
The NUM is the largest recognised collective bargaining agent
representing workers in the mining industry and its membership
constitutes some 60% of the workforce. The NUM has always made
health and safety issues a central theme of its campaign and of its
negotiations with employers. Some of its efforts are described in its
submission entitled “A Thousand Ways to Die” listed in the Appendix
among the NUM submissions. Other submissions
clearly demonstrate the
concern and determination of the union to obtain better standards of health
and safety for the workforce in the mining industry. The issues raised in
these publications by the union remain relevant today. The union has
offices in Johannesburg and has several regional officers in mining areas.
Evidence was provided for the Commission by Mr Senzeni Zokwana,
Deputy President of the NUM, which included some of his personal
experiences when he was first employed as a mineworker and during his
subsequent career development. He had worked
at the President Steyn
Gold Mine for fourteen years, and described his humiliation at the
procedures that he was subjected to when he first became a miner.
COMMISSION
OF
INQUIRY
INTO
SAFETY
AND
HEALTH
IN
THE
MINING
INDUSTRY
12
He has now risen through the ranks to be a trainee shift boss, but was now
required to join another Union dominated by white miners, although still a
leading member of the NUM. When he first joined the NUM his
relationship with his superiors became sour.
Indeed he was dismissed in
1986 without a hearing and was out of work for two months.
Later he was found not guilty but was demoted from August 1986 to
February 1991 to the position of station marshal. Matters improved from
1991 when he returned from leave and he was offered assistance in
training, and the relationship was much better today, and he had no
problems being released from work to attend to union matters.
Professor Wilson gave his opinion, which was not seriously challenged,
that the rise of the NUM had brought about the biggest single change in
the mining industry. It had introduced different
priorities into the
collective bargaining system, with the major priority change being with
regard to family life and family housing. In the past such family housing
had been strictly limited by apartheid legislation. The NUM had pushed
hard for stabilisation in the sense of family housing, and this had not been
a priority with the industry. As a result there is a trend towards
stabilisation with some men’s wives and children
near enough to the mine
to see each other on a more regular basis.
2.1.2.2 Other
Unions
The Chemical Workers Union has a much smaller membership in mines
and represents coal mine workers in the SASOL group of mines. They
were represented at the inquiry by Mr Richard Spoor.
The Council of Mining Unions represents the Mineworkers Union, the
Electrical Association, the Boilerworkers and Steelworkers Association,
and the Amalgamated Engineering Union.
The Council represents about 21 000 members, nearly all white, and Mr K
P Cronje testified on their behalf. Historically they have played an
important rule in developing the legislative
framework which formerly
applied only to white workers. He made common cause with the NUM on
most matters relating to health and safety. However, he agreed that some
years ago his Council had tried to maintain racial discrimination and job
reservation (Cronje pp 1440 8-10). He was concerned about the loss of
discipline in the mines and believed that management had lost control of
the workers. He also agreed that there were political differences between
his
organisation and the NUM, but Mr Zokwana testified that there was a
good spirit of co-operation in mining matters between the Unions, and that
the NUM met regularly with the Council.