Who's fooling who?

Cosatu's recent outbursts against labour broking and threats to embark on a mass strike if labour broking isn't banned have only highlighted the Department of Labour's failures.

The trade union would have us all picketing against labour brokers in our red T-shirts on the streets of Joburg and ignore the real issues.

The reality is that the Department of Labour has failed to protect workers. The legislation exists to protect these vulnerable workers, but poor enforcement over the years has led to this situation. Now, faced with a long history of failing to enforce laws, which could have prevented labour abuses, government is considering sacrificing an entire industry.

The trade union group has called for a mass strike on 7 October, to coincide with the International Day of Action for Decent Work. It also has now set a deadline for government - saying if labour broking isn't banned by 2010, it will go on another march and bring the city to a standstill.

Any voice calling for moderation and increased regulation has been crushed. Parliamentary hearings on the department's plans proved to be a hostile zone for business and anyone advocating for increased regulation and not an outright ban. The sessions were marked by outbursts by a clearly biased portfolio committee chairperson, who kept hurling loaded names at business and anyone who dared to call for reason and moderation.

Even the ANC Youth League and the Young Communist League came out during the two-day hearings to give their contributions. While for some having these two groups on your side would be a sign that maybe it's time to change corners, the unions continue on their cause to increase membership numbers.

But while outbursts like that are expected from Cosatu, it's the minister of labour's comments which I find worrying.

Membathisi Mdladlana calls brokers the scum of the earth, inhuman and says they serve only to cause harm to workers. He says he will do what he pleases and is tired of waiting for Nedlac's never-ending discussions on the matter. What's there to discuss, he says. Let's just ban the thing now, he says. If anyone complains, they can go to the Constitutional Court - that's what it's there for anyhow.

But what is also worrying is that his comments have gone unchallenged. It also surprises me that the department's amendments haven't been addressed by so many that should be speaking out.

It could be a matter of linguistics - the term labour-broking is not commonly used, even if the department calls it a colloquial term. Or it could be that the silent ones believe this is all about the ANC manifesto, which has moved away from simply creating jobs and to the promotion of decent work. Or it could be that there really is no cause for concern - maybe I'm just missing something.

The reality is that there is a cause to be championed. Workers' rights are important and are often the casualty in the rush for profit. It happens regularly in mining, construction, farming and most labour-intensive sectors of the economy.

Now, faced with a long history of failing to enforce laws, government is considering sacrificing an entire industry.

Audra Mahlong, journalist, ITWeb

While the costs of complying with the employment laws are high, and it's easier and cheaper to use temporary services, blanketing an entire sector as evil is not justified. If it was the great evil it is alleged to be, why does the government use temporary services? Why did the Department of Trade and Industry (DTI) draw up an entire incentive programme on outsourcing - is everyone misguided?

The reality is that the Department of Labour cannot take responsibility for its own legislation. If it decided to regulate and introduce tough penalties for breaches, it would have to enforce all of this.

For a department that was already failing to enforce critical legislation, such as the Labour Relations Act, sections of the Employment Equity Act, the Skills Development Act, Basic Conditions of Employment Act; and sections of the Occupational Health and Safety Act - increasing regulation is not an option.

The DTI, which has spent billions on its business process outsourcing initiatives, through incentives and new call centres around the country, has said there's nothing to worry about. Maybe it knows something I don't, but I do think utterances by Cosatu are not spineless and when a minister calls for something, it's worth taking note. Nedlac has remained quiet; choosing to carry on with whatever it is it has failed to finish doing in the past five or so years.

Some have said it is unlikely the government would take such a radical step. I've never relied on the sensibilities of the government.