BE REVOKES LABOUR ADVISORY BOARD MEMBERSHIP

MBABANE – Business Eswatini (BE) has revoked its membership from an advisory body to government on all labour-related issues.

BE, which is a representative of more than 80 per cent of the private sector in Eswatini, reportedly withdrew its participation in the Labour Advisory Board (LAB). The LAB is a tripartite body (composed of government, employers and workers) and is established in terms of Part III of the Industrial Relations Act No. 1 of 2000.

BE Vice President Industrial Relations Andrew Le Roux confirmed to this publication that the entity had revoked its participation in the LAB. He said: “Yes, it is true that Business Eswatini is withdrawing from the Labour Advisory Board. This difficult decision was made after years of frustration in the LAB.

“BE is now tired of this dysfunction and it was decided that it would be prudent to withdraw until these dysfunctions have been addressed and resolved.” Le Roux said the final decision was made at the annual general meeting (AGM) this past Friday and is yet to be formally communicated to the Ministry of Labour and Social Security; along with the International Labour Organisation (ILO).

Explained

Le Roux explained that there are three primary issues that need to be addressed and these are; constituents, consensus and the legal definition of consultation. He said the question that need to be answered is which organisations are compliant to be members, what their mandates are and who represents them.

Also, on the consensus, he said it is generally a requirement for the LAB, but it has largely been ignored for the past few years, with votes by government and the unions seen as sufficient for matters to pass. He said the employers are no longer willing to participate in this charade of decision-making. Furthermore, he said there is a need to establish the legal definition of consultation.

Le Roux said consultation is required for the passing of Labour and tripartite motions; however government seems to be confuse, merely advising the parties on what is happening, with meaningful consultation.The BE vice president of industrial relations was also asked if this will not have a negative impact on the progress of the tripartite and he said: “Yes. And that is precisely the point. The LAB in its current form is dysfunctional, and anti-business. Laws and motions are being passed illegitimately. This needs to stop.”

Advised

Le Roux explained that the ILO will be advised today and they will expect all activities within the LAB to cease immediately. Meanwhile, the Minister of Labour and Social Security, Phila Buthelezi said: “Nothing official has been communicated with the ministry.” The revocation of the membership of BE in the LAB happened at a time when government had set an all government task team to deal with issues which were raised in during the 112th International Labour Conference (ILC) session in 2024.

The issues that need to be addressed in the report include investigating the alleged violation of workers’ rights, as concluded by the recent International Labour Organisation (ILO). This year having been the 16th time Eswatini came under discussion for allegedly violating the same ILO Convention, Buthelezi appointed the government task team to investigate worker rights violations in the country.

It is worth noting that the LAB performs the following functions -
(a) collect information on standards on occupational safety and health in all branches of economic activities and propose national standards;
(b) coordinate legislation on occupational safety and health at national level;
(c) recommend formulation and review of the national policy on occupational safety and health;
(d) advise the Labour Advisory Board which, in turn, shall advise the minister on the formulation of standards and guidance notes for the purpose of assisting employers and employees to create and maintain an acceptable standard of occupational safety and health; and
(e) perform any other functions assigned to it by the Labour Advisory Board.

Furthermore, the LAB holds at least one meeting every month in each calendar year and the quorum shall be constituted by half of the members, which shall include at least one member representing employers and one member representing employees.

Recommendations

The committee formed by the members also submits to the LAB, interim reports consisting of its advice and recommendations at intervals it deems fit or as the LAB may direct. “The committee shall deliver copies of the reports to the minister, who may on receipt of such copies, require the Labour Advisory Board to act on such advice or recommendations or direct on appropriate action which may be taken.

The chairman of the committee shall prepare an annual report, which shall include the advices and recommendations given by the committee during the period of reporting, which report shall be presented to the minister within two months after the end of that year,” reads in part functions and responsibilities of the committee of the LAB.

Meanwhile, BE is a member of the International Organization of Employers (IOE), the ILO, the SADC Private Sector Forum (SPSF) and the Association of Southern African Development Community (SADC) Chambers of Commerce and Industry.

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