THE WESTERN CAPE FARM WORKERS THE WESTERN CAPE FARM WORKERS STRIKE AND SALIENT ISSUES TO TAKE STRIKE AND SALIENT ISSUES TO TAKE

NOTE OFNOTE OF

PRESENTATION COMPILED AND PRESENTED BY: PRESENTATION COMPILED AND PRESENTED BY: MOKUTULE JOE KGOBOKOEMOKUTULE JOE KGOBOKOE

DEPARTMENT OF AGRICULTURE, FORESTRY AND DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIESFISHERIESTEL: 012 319 7028TEL: 012 319 7028FAX: 012 319 6869FAX: 012 319 6869E-MAIL: E-MAIL: SET@daff.gov.za

THE JULY 2010 HISTORIC THE JULY 2010 HISTORIC NATIONAL VULNERABLE NATIONAL VULNERABLE

WORKERS SUMMIT IN THE WORKERS SUMMIT IN THE WESTERN CAPE AND THE WESTERN CAPE AND THE RESOLUTIONS ADOPTEDRESOLUTIONS ADOPTED

CONTEXT AND OTHER PERSPECTIVES

Damning Human Rights Watch Damning Human Rights Watch Report of 2011: Working Report of 2011: Working

conditions of Farm Workers in conditions of Farm Workers in WCWC

CONTEXT AND OTHER PERSPECTIVES

WESTERN CAPE WESTERN CAPE PROVINCIAL DEPT PROVINCIAL DEPT OF AGRICULTUREOF AGRICULTURE

What is the role of What is the role of the established the established Farm Workers Farm Workers

Unit?Unit?

CONTEXT AND OTHER PERSPECTIVES

CONTEXT AND OTHER PERSPECTIVES

ABOUT DE DOORNS

• Small table grape farming area some 150km east of Cape Town

• Incorporates an information settlement with great number of foreigners from Lesotho and Zimbabwe – Seasonal Workers in the area

• High level of unemployment

• Glaring problems of poverty, unemployment and inequality

• Lack of Municipal Service Delivery

THE DEDOORNS FARM WORKERS STRIKES AND DOCUMENTED REASONS

FACILITATIVE ROLE OF BLACK ASSOCIATION FOR WINE AND FACILITATIVE ROLE OF BLACK ASSOCIATION FOR WINE AND SPIRITS INDUSTRY (BAWSI)SPIRITS INDUSTRY (BAWSI)

Human Rights NGO Human Rights NGO Working on wine farms Working on wine farms

in the WCin the WC

DAFF NGO DATABASEDAFF NGO DATABASE

National Print Media Advert early in 2012

FACILITATIVE ROLE DURING STRIKES

Constructive Engagement

with Employer

05 NOV 2013

01st DAY

BAWSIFarm WorkersFarmers (Employer)

DEADLOCKED

07 NOV 2013

2nd DAY

BAWSICCMAFarm WorkersFarmer (Employer) NGOs

DEADLOCKED

09 NOV 2013

03rd DAY

Minister (observer)CCMABAWSIEmployerOfficial: DAFFLabour (observers)Others

DEADLOCKED

DEADLOCKED NEGOTIATIONS FACILITATD BY BAWSI AND CCMA

MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES INTERVENES

??

R80 offer rejected

Deadlocked negotiations of

05th and 07th Nov 2013

Blockading of N1/Looting

Escalating Strikes and

turning Violent

Bad media Publicity

Leadership

Image of the country and

sector Internationally

Extra-ordinary situation

requiring extra-ordinary Action

DATE AND PLACE OF NEGOTIATIONS CONTENT ELEMENTS OF NEGOTIATIONS

OUTCOME

Friday 09 November 2012 Kleinplaas, Worcester -CCMA: Facilitator

Employer Standpoint: No mandate to negotiate wages for farm workers• Wage negotiations be done on a farm basis• The offer of R80 a day

Standpoint of Farm Workers• Offer of R80-00 a day not acceptable• Negotiations on individual farm basis not acceptable

Deadlock

Saturday 10th November 2012 Cape Sun Hotel, Cape Town

Meeting facilitated by Minister DAFF

• Extended high level meeting COSATU , FAWU, Farm Workers Representatives, Dept of Labour, Provincial Dept of Agriculture, Commissioner of Police, AgriSA (WC), CCMA, AFASA, Dept Minister Trade and Industry and BAWSI

Deadlock (Intransigence of the Employer)

(No Mandate to negotiate wages for farm workers)

DATE AND PLACE OF NEGOTIATIONS

CONTENT ELEMENTS OF NEGOTIATIONS OUTCOME

Monday 12th November 2012, DAFF Offices, Pretoria

Meeting facilitated by Minister: DAFF

• Another high level meeting

AgriSA (National) NAFUAFASATAUDept of Labour DAFFCCMA

• Possibility of wage offer so that farm workers could return to work

• Establishment of Inter-Ministerial Committee led by Labour

• Need for a new Sectoral Determination

Tuesday 13th November 2012 , De Doorns Stadium

Minister DAFF addresses approximately 7000 farm workers at the De Doorns stadium.• Commended farm workers for standing for their rights and taking their future in their own hands• Government was to initiate a new sectoral wage determination

• The address by Minister proved catalytic and indispensable

• Successfully brokered the impasse

DATE AND PLACE OF NEGOTIATIONS CONTENT ELEMENTS OF NEGOTIATIONS

OUTCOME

• Call to desist from acts of violence

• With this address the farm workers agreed to end the strikes

Wednesday 14th November 2012, Imbizo Hall at Parliament

Government Joint Press Conference

Minister DAFF

Acting Minister Labour

Minister Trade and Industry

FAWU• Announcement of a possible review of the existing Sectoral wage determination of R69-39.• Publishing of a notice to cancel the existing Sectoral determination• Announcement to establish the Inter-Departmental Task Team on ethical trade

• With this announcement the farm workers strikes were suspended for two weeks

DEPRIVED AND STARVING FARM WORKERS

Vicious circle

Reports of hunger, starvation,

intimidation, evictions by the

NGOs working in the WC

7 500 food parcels distributed at the cost of

R10.0 m

Food parcels distributed to households at all areas

affected by the strikes

De DoornsTouws RiverAvian ParkGrabouw

VilliersdorpFranschoekSimonsdiumWellingtonCitrusdal

BroodkraalRiebeck Kasteel

DAFF INTERVENTION DAFF INTERVENTION

Minister of Labour makes an announcement on 04 February 2013 on the revised Sectoral Determination of R105 Minimum Wage to be effective on

01 March 2013

09 JAN 2013

Good Christmas for Farm Workers

Families

RESUMPTION OF THE STRIKESRESUMPTION OF THE STRIKES

DIALOGE WITH THE FARMING SERCTOR FOR THE ADVANCEMENT OF SUSTAINABLE RURAL DEVELOPMENT AND

SOCIAL COHESION

12 FEB 2013, VAL DE VIE, PAARL, WC12 FEB 2013, VAL DE VIE, PAARL, WCGOVERNMENT

• Dep President of the Republic

•Minister: DAFF• Minister: DRDLR

• Minsiter: DTI• Dep Minister: DIRCO•MEC: WC Provincial

Department of Agriculture

LABOUR

COSATU & MembersFAWU & Members

BAWUSA & MembersFARM WORKERS

SA & Members

FARM WORKERS

Little over 1000 farm workers from all

areas affected by Strikes

(14h00-17h00)

EMPLOYERAgriSA

AgriSA (WC)AFASA

TAUUnity Forum

NAFU(09h00-13h00)

KEY DECISIONS AND PROGRESS TO-DATE

KEY DECISION PROGRESS

1. DAFF to facilitate the establishment of an Inter-Departmental Task Team on farm workers and farmers dialogue.

Done. The first meeting of the Vulnerable Workers Delivery Forum is scheduled for Wednesday 20th March 2013 at Fisheries Building (Foretrust Buildings), Cape Town

2. DAFF to lead in investigating the impact of the new Sectoral Determination Minimum wage of R105 per

DAFF in consultation with NAMC, has come up with proposed options in dealing with this.• Establishment of a fund where a tax percentage of the Wine and spirits may used towards wages.• Fully fledged Study on the impact of the R105 (Industry to Industry).

KEY DECISIONS AND PROGRESS TO-DATE

KEY DECISION PROGRESS• Wage Subsidy for Seasonal Workers (CEO

Forum)• Diesel rebate – Increase the rebate• Electricity rebate – increase the rebate• Application for exemption (Dept of Labour has

to-date received 1500 applications for exemption)

3. Initiation of a NEDLAC process on the social compact and the facilitation of Government District Imbizos

Work still at a preliminary stage. Meeting of 20th March 2013 will give impetus to this

4. DTI to lead in the establishment of Ethical Trade

DTI is currently working on this. There is a national summit planned for this year on this subject

LATEST DEVELOPMENTS

Vulnerable Workers Delivery Forum Meeting on 20th March 2013, WC

Planned March by Farm Workers on 23 March 2013 in the WC

Planned visit of the Deputy President to De Doorns