Labour Minister Membathisi Mdladlana has thrown down the gauntlet,
challenging the Chinese Association of South Africa (CASA) to distance
itself from acts of gross workplace rights violations perpetrated by
any employer.
The Minister was responding to media reports quoting CASA as
labeling his earlier comments on non-complying South African employers
of Chinese descent as “incorrect and irrational”.
Addressing the 21st annual Labour Law Conference in Johannesburg
last night (Thur), Minister Mdladlana reiterated examples of such
unlawful acts, including an incident in Newcastle where a female
employee was forced to give birth at workplace because the company
locked staff in the factory overnight, and a Botshabelo employer who
opted to relocate to Lesotho than comply with the country’s labour
laws.
He said that throughout his ten years as the minister he had always
spoken strongly against any employer trampling on the rights of
workers, adding that employer organizations like Business Unity South
Africa and AgriSA had publicly condemned such acts.
“What I said against the Chinese employers, I have said against
farmers, contractors, retailers and so on. Good employers do not allow
their good image and reputation to be damaged by bad employers. We
therefore expect CASA to do the same,” he said.
Dismissing the “anti-Chinese” accusations leveled against him, he
said that in all the incidents that he had cited as examples the
employers had been Chinese.
“When the Newcastle employer was visited by inspectors following
that incident, he ordered them not to communicate in English. Whether
he was from China, Taiwan or wherever I don’t know. All I know is that
he is a Chinese,” he said.
Recapping comments that he made at a media briefing earlier this
week, he said the judge had taken a wise decision in declaring South
African Chinese as previously disadvantaged.
“I’m still saying we had also acted wisely by not opposing this
decision because the critical point for us in the Department of Labour
is that an employer is an employer - regardless of their colour,
race or origin.”
Reacting to reports that he has been reported to the Human Rights
Commission for his comments, the Minister said his stance on
worker-rights as being human rights was well documented.
“I was the first one to invite the Commission’s founding chairman,
Professor Pityana to discuss the issue of workplace human rights
erosion which even today is still sadly posing a serious challenge to
our society.”
He told delegates at the conference that debates on legal compliance
and competitive advantage remained out of context when ordinary people
continued to die at the current rate at their workplaces in mining and
construction.
