THERE appears — this week at least — to be no contradiction in South African society which cannot be resolved, no chasm which cannot be crossed, no disagreement which negotiation cannot end. An optimistic conclusion? Certainly, but justified in a week when organised labour, business and government have agreed on the content of a comprehensive new labour law (see Page 25).
When he came to office only 15 months ago, Minister of Manpower Tito Mboweni set himself a seemingly impossible task: manoeuvre organised business and labour into agreeing on an omnibus, state-of-the-art new law to govern their difficult relationship. The new Act had to represent a seemingly contradictory ANC aim: to create a climate friendly for investment, yet maintain its alliance with the unions.
Only a month ago, that seemed an unlikely goal. The parties seemed too far apart. Parts of the labour movement felt it was time to call in their favours with the African National Congress, and test its commitment to worker rights. They took to the streets. Sections of the business community felt that Mboweni’s Bill was a Rolls Royce where a simple bakkie was needed. They took their view to the media.
This week, they reached agreement, giving meaning to the description of them as social partners. Details of their compromise are not yet clear to outsiders since the drafters are still hard at work, but all three parties seem content with their achievement. By all accounts, what will emerge from the ongoing drafting stage is legislation which will recognise and strengthen union organisational rights, yet be flexible enough to allow business to get on with its business.
Mboweni and his formidable team of advisers are due much credit. They have put in place an important building block for the creation of a social democracy in this country, a crucial element in the ANC’s vision of the kind of society it is trying to build. They placed the first draft on the table, and came up with wise suggestions to break deadlocks. Mboweni also made skilful use of secrecy when it was necessary and publicity when it would force everyone’s hand. He knocked heads together in his own charming way.
But that was the easy part. The real test is going to come in the next few years when we see whether all three partners have the resources and commitment to make work the institutions and practices created by the new law.
And the real test of the complex ANC-Cosatu relationship is still to come. Those close to the talks say there was real tension, real suspicion between the two parties. They have yet to work out how they relate to each other as alliance partners and whether they still share a vision of the future.