RESOLVE LAB IMPASSE URGENTLY

Reports that Business Eswatini (BE) has withdrawn its participation on the Labour Advisory Board (LAB) are worrying and call for urgent attention.

Equally worrying is the casual response coming from the ministry of labour and social security. There seems to be no urgent call for a meeting with BE to deliberate on their concerns and find common ground that would bring the LAB back in shape. This impasse comes at a critical juncture of the country’s labour front, which is under the International Labour Organisation’s (ILO) microscope for alleged violations reported by the Trade Union Congress of Swaziland. Only a few months ago, the government, with the support of Business Eswatini, united to defend the country from being placed on the special paragraph of the ILO. They successfully secured time to return home and address the issues raised by the Trade Union Congress of Swaziland (TUCOSWA).

Withdraw

It has since emerged that despite this teamwork and commitment to defend the country, BE has not been happy about the operations of the LAB, leading to a decision to withdraw from it being endorsed by members at the BE Annual General Meeting (AGM) last week. Business Eswatini has said this difficult decision was made after years of frustration in the LAB and were now tired of its dysfunction. It said it would reconsider this decision after these dysfunctions have been addressed and resolved. The BE has given three reasons for the withdrawal, the first being that of the constituents.

They want clarity on which organisations are eligible to be members based on compliance, what their mandates are and who represents them. The second concern is consensus, which BE argues is generally a requirement for the LAB but has largely been ignored for the past few years, with votes from the government and the unions seen as sufficient for matters to pass. Thirdly, they have issues with the legal definition of ‘consultation’, which they believe is required for the passing of labour and tri-partite motions. There seems to be diverging views around merely advising the parties on what is happening and meaningful consultation.

Resolve

From a layman’s perspective and as a staunch advocate of dialogue, it is possible to resolve these issues. The minister should allocate sufficient time to engage with all parties, if not, find a mediator, to avoid a situation where employers perceive the LAB as dysfunctional and anti-business. While BE expected all activities within the LAB to cease immediately until their concerns are addressed, Minister of Labour and Social Security, Phila Buthelezi, does not share this view. In a statement, he acknowledged BE’s constitutional right to choose to participate in tripartite structures. However, the minister has said the LAB will continue to operate and execute its statutory mandate under Part III of the Industrial Relations Act, No. 1 of 2000 (as amended).

The Trade Union Congress of Swaziland (TUCOSWA), on the other hand, is hoping the BE will review its decision to withdraw from the LAB, saying their absence would have a serious impact on the labour and business social partners’ deliverables. The Secretary General Mduduzi Gina argues that the LAB is currently deliberating on key legislative reforms that benefit workers, such as the Unemployment Benefit Fund and the National Minimum Wage. TUCOSWA says it is open to any procedural reform process proposed within the LAB. How is it that the workers recognise the importance of BE at the table while the minister remains indifferent?

What is it that we’re missing here? This reaction gives merit to concerns raised by BE, pointing to the lack of political will in dealing with matters regarded as serious and requiring urgent attention. If Buthelezi is unwilling to resolve the issues, we should consider asking the Minister of Commerce, Industry, and Trade, Manqoba Khumalo, to intervene, as his constituency is also affected. This country needs jobs. In order to attract investors, the country must create a highly conducive investment climate. Creating such an environment requires hard work and collaboration from all sectors.

Preferred

Those entrusted with the responsibility to ensure Eswatini is a preferred investment destination do not have the privilege of going to sleep at night while the captains of the industry are unhappy. The same would apply if workers were demonstrating all over the streets. To build on what we currently perceive as a relatively peaceful period on the industrial front, we must work to ensure that trust among the tripartite partners does not erode. That being said, all parties need to engage honestly and be prepared to compromise positions for win-win outcomes that will take this country forward. One must urge the Labour minister to take this matter up and give it the seriousness it deserves before this goes from bad to worse. We need not remind him that the mandate from Sibaya is Nkwe (speed) on all things, particularly around issues that affect the job sector.
 

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