A thousand fired farm workers from Southern Africa’s biggest tomato exporter, ZZ2 farms near Duiwelskloof in Limpopo, are scratching to survive as they cling to the hope of being reinstated soon.
The Commission for Conciliation Mediation and Arbitration (CCMA) will hear their case on June 19.
Their fate might well determine how other farm workers will be treated in future. About 700 000 full-time workers are employed on farms in South Africa.
Snuki Zikalala, spokesperson for the Department of Labour, said the ZZ2 case could set the precedent for how minimum wages will be implemented for farm workers.
”We hope that this case will encourage farmers and their workers to
improve communication between themselves. Minimum wages will be implemented in South Africa and any farmer who does not conform will face prosecution. We are taking the plight of these farm workers very seriously,” he said.
ZZ2 dismissed 1 102 labourers after an illegal strike. The workers were unhappy about deductions that left them with less money than before they received the newly promulgated minimum wages. About 12 000 family members have been affected by the dismissals because the main provider no longer has an income.
The Sectoral Determination for the Agricultural Sector set minimum wages of R650 and R800 for farm workers from March 1. ZZ2’s farms fall in the area where the R650 minimum applies.
Zikalala said the strike was illegal and ZZ2 had the right to fire the workers, though the case involves more than an illegal strike.
”We do not condone illegal strikes, but we believe that ZZ2 should have been more lenient in their approach to the workers.”
The labour department spokesman said he is worried about the state of organised labour on farms.
”Few farm workers are members of unions, thus these wildcat strikes are more prone to happen where workers are not properly informed.”
The South African Agricultural Plantation and Allied Workers’ Union (Saapawu), which represents some of the dismissed workers, lodged the complaint of unfair dismissal with the CCMA.
Sunnyboy Ngobeni, a Saapawu national organiser, said the ZZ2 case will determine how farmers treat their workers in future.
”We believe that this case will set an example for other farmers of what they can get away with. We need to send out a strong message that dismissing farm workers for nothing will not be tolerated,” he said.
Kobus Kleynhans said AgriSA, which represents farmers, will follow the case closely.
”But we see it not as a matter about minimum wages, but to do with illegal strikes.
”If unions are not present on farms, the Department of Labour has a bigger role to play in educating workers about strikes and other labour issues,” he said.
Workers lived in hostels on the farm and returned to their families in nearby villages on weekends. The new deductions required them to pay for the transport that they had previously received free.
A lawyer involved in the case said though ZZ2 dismissed the workers because of the illegal strike, it did not follow the correct procedures. He said the ZZ2 workers will also challenge ZZ2 about security of tenure because they had been living on the farm for employment purposes.
Aninka Claassens, a specialist in land issues, said security of tenure applies only to workers whose primary home is on the farm where they work.
”But the farmer still has to give them the appropriate notice and must apply to evict the workers,” she said.
Zikalala said the labour department was upset by ZZ2’s attitude after it fired the workers, but said the company’s approach has improved.
He said the labour inspectors found that the company’s attendance register was not up to date and that the employees’ work hours had been miscalculated.
”ZZ2 was calculating the wages according to the number of crates filled and not by the hour, as required by law.”
Zikalala said farmers who cannot afford the minimum wages may apply for exemptions. If ZZ2 claims that paying the minimum wages is uneconomical, it can apply for inspectors to audit the business.
Ngobeni said the union is having trouble with other large farming operations.
”Several other major producing farms have also dismissed farm workers, largely because they claim that they cannot afford to keep them on,” he said.
”We fear that there is a much bigger problem with the wages than is recognised.”
He said it is difficult to estimate how many farm workers have been dismissed nationwide since the new minimum-wage laws were introduced.
”Farm workers are scattered in vast rural areas over hundreds of farms. But we believe that as many as 3 000 farm workers may have lost their jobs already.”
Hans van der Merwe, executive director of AgriSA, said the issues at the heart of the ZZ2 dispute needed to be re-examined.
”No exceptions for housing, provision of food or other benefits are included in the stipulated wages.
We believe these costs have to be taken into account when calculating wages.”
He said farmers do not oppose the law, but wanted it to be delayed for six months.
”We also want farm workers to earn decent wages, but the way it is done causes difficulties for everyone.”
Meanwhile Thomas Mafa and his colleagues have no income.
Mafa (23) had worked on the farm for only six months, but colleagues such as Alfred Pilusa and his nephew, Joseph Pilusa, had worked for the company for much longer. ZZ2 had employed Alfred since 1980.
They had worked for R13,50 a day, yet considered themselves fortunate to have a job in a province where unemployment is rife.
Pilusa said he never thought that the strike would lead to dismissals. He has to take care of his mother, who is a pensioner.
”We only have a bag of mealie meal to live off for the month. There is no money.”
He said he still wants to work for ZZ2, but that the appropriate minimum wages have to be paid.
Several of the dismissed farm workers have returned to ZZ2 to beg for their jobs.
”They are stupid,” said Pilusa. ”Things will never improve if they do not stand up for themselves and force ZZ2 to pay the right wages.”