Thuli Nhlapo The director of the Commission for Conciliation, Mediation and Arbitration (CCMA), South Africa’s top labour body, has been called to explain her remote German ancestry before a commission of inquiry following allegations of racism by disgruntled staff members. The bizarre decision to call the director, Thandi Orleyn, to testify about her ancestry was taken by an internal facilitation tribunal at the organisation, which has been probing allegations by staff members of racism, mismanagement and corruption. Sources present said a tearful Orleyn agreed that her grandmother had been German but explained that she appointed whites in senior positions based on merit. During her testimony, Orleyn stated that she refused to associate herself with any group of people who promoted an agenda of “Africanness”. The racial tension at the CCMA dates back to 1997 where the staff association accused Orleyn of financial mismanagement and racism. “That the director is only black outside and lily-white inside is an open secret. The appointments at the CCMA do not reflect the demographics of the country because of that reason,” said a CCMA source who preferred to remain anonymous. The tribunal process started in 1999 after serious tensions arose between the staff association, CCMA management and the governing body. Staff members have consistently tried to block the restructuring of the institution, which management believed would make it more efficient and allow it to honour its obligations under the Labour Relations Act. Both business and labour have criticised the CCMA’s case-handling procedures as being cumbersome and inefficient.
The tensions exploded into the public domain in September 1999 when the former national registrar, Monde Zimema, was dismissed for sexual harassment, incompetence and gross misconduct. Zimema claimed he had been a victim of a conspiracy, and is still pursuing legal action against the CCMA. In parallel with the tribunal, the public protector is investigating an identical set of complaints against CCMA management. The Office of the Auditor General has cleared the CCMA of most of the allegations under discussion.
The CCMA is the main institution administering the new labour regime introduced since 1994. Labour disputes have to go to it, and are then either settled in arbitrations or mediations, or referred to the Labour Court.