NUM Secreteriat Report 2012

30 Years

of Unbroken Revolutionary
Trade Unionism STRUGGLE

Secretariat Report

to the 14th National Congress 2012.

001 Secretariat Report to the 14th National Congress 2012.

CONTENTS

Secretariat Report to the 14th
National Congress: 23-26 May 2012

1. The 30th anniversary message from the President

Section A

2. An abridged overview
2.1 The National Congress theme
“30 Years of Unbroken Revolutionary Trade Unionism Struggle”
2.2 Our purpose
2.3 The NUM organisation
2.4 What impact has NUM made in your life?
2.5 Special tributes
2.6 The external environment

Section B

3. Organisational section
3.1 The NUM’s historical perspective - 30 years
3.1.1 Evolution of NUM; Phases
3.1.2 Some humorous aspects of miners’ lives and struggles
3.2 Key areas of output since 2009
3.3 Social governance
3.3.1 Central committees (2010 and 2011)
3.3.2 NEC
3.3.2.1 General impressions
3.3.2.2 Meeting attendance
3.3.2.3 Accountability
3.3.3 NEC Sub-committees
3.3.3.1 Women Structure (W/S)
3.3.3.2 Health and Safety (H & S)
3.3.3.3 Education,Training and Development (ETDC)
3.3.3.4 Economic and Transformation Committee (ETC)
3.3.3.5 Audit Committee (AC)
3.3.3.6 Finance Committee (FC)
3.3.3.7 Human Resource (HR)
3.3.3.8 Ad-hoc committees
3.3.4 Regional committees (RC)
3.3.4.1 General impressions
3.3.4.2 Carletonville
3.3.4.3 Eastern Cape
3.3.4.4 Free State
3.3.4.5 Highveld
3.3.4.6 Kimberley
3.3.4.7 Matlosana
3.3.4.8 KwaZulu-Natal (KZN)
3.3.4.9 North East
3.3.4.10 Pretoria, Witwatersrand and Vereeniging (PWV)

Secretariat Report to the 14th National Congress 2012.

3.3.4.11 Rustenburg
3.3.4.12 Western Cape
3.4 Key member services and support
3.4.1 Collective bargaining
3.4.2 Legal
3.4.3 Retirement funds
3.4.4 JB Marks
3.4.5 Stakeholder management
3.4.6 Service evaluation per sector
3.4.6.1 Mining
3.4.6.2 Construction
3.4.6.3 Energy
3.4.7 ESOP
3.5 Membership analysis
3.5.1 Recruitment
3.5.2 Challenges and competitors
3.5.3 Award winners
3.6 Policy matters
3.6.1 Energy
3.6.2 Environment
3.7 Investments and social responsibility
3.7.1 MIT
3.7.2 MIC
3.7.3 MDA
3.7.4 NUMProp
3.7.5 EBMTC
3.8 Top risks and mitigation action plan
3.9 Summary

Section C

4. Economic section
4.1 The global economic outlook
4.2 SA economic outlook
4.3 Economic sector analysis
4.4 State intervention
4.5 Policy options and related challenges
4.6 Required interventions

4.7 Employment prospects up 2025

Section D

5. Political section
5.1 Introduction
5.2 Thirty Years of heroic Struggle
5.3 The Centenary of the ANC
5.4 State of Our democracy
5.5 Balance of Forces and possibilities to advance the democratic agenda
5.6 The democratic movement at the cross roads
5.7 The ANC
5.8 The SACP
5.9 COSATU
5.10 Tripartite Alliance
5.11 Civic Movement

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5.12 The Youth and Other democratic movements
5.13 Vision and long term development plan

Section E

6. Environmental case
6.1 The state of the environment
6.2 The impact of the state of the environment
6.3 The international and national responses to environmental challenges
6.4 The NUM and the environment

Section F

7. International section
7.1 Introduction
7.2 Minerals as drivers of development
7.3 Analysis of the NUM’s International Program and the Nature of International Work
7.3.1 Solidarity programmes in Africa
7.3.2 Global Solidarity and International Work
7.3.3 Global Union Federations
7.4 Global Union federations and non-Affiliates
7.4.1 ICEM
7.4.2 BWI
7.4.3 Our relations with Non-Affiliates
7.4.3.1 Southern African Energy network
7.4.3.2 Mining Maritime
7.4.3.3 World federation of Trade Unions
7.5 The United Nations COP Negotiations on Climate Change
7.5.1 Climate Change
7.6 In Conclusion

Section G

8. Conclusion
8.1 Commitment to serve the NUM members
8.2 Revolutionary morality, discipline and unity
8.3 The Three Years Programme of Action: 2012-2015
8.3.1 Three Year Physical Budget
8.3.2 Other proposed action plans
8.3.2.1 Organisational renewals
8.3.2.2. Socio economic issues
8.4 Members first, in everything we do.
8.5 The worst employer
8.5.1 Local Worst employer candidates
8.5.2 Global worst employer candidates
8.6 Finally

Section H

9. Annexures


004 Secretariat Report to the 14th National Congress 2012.

01 The 30th
Anniversary
Message from the President

As we celebrate our 30th birthday, we and less skilled and therefore competed
salute the founding fathers of the National with black labour. This takes us back to
Union of Mineworkers (NUM). We hail the the infamous ironic slogan of the 1921
mineworkers living, departed, maimed by miners’ strike “Workers of the world unite,
the rock fall, poisoned by the inhalation and fight for a white South Africa.” From
of dust and destructive chemicals. They its establishment, the NUM’s membership
came from all the corners of Southern grew at an unprecedented pace as the
Africa: South Africa, Malawi, Mozambique, conditions compelled workers to join the
Zimbabwe, Botswana, Lesotho and as far union. NUM cadres’ work was at the heart
north as Tanzania. of the struggles against apartheid. Some
like Selby Mayise and Sam Tambane
Despite the cultural and language gave the ultimate sacrifice, their lives.
differences of these mineworkers, the Some found themselves on death row
NUM became a uniting factor, the glue for activities associated with the union.
that gave them a home, away from home. The crushing of the 1946 strike by the Jan
This was an industry that was the hub of Smuts government was a clear indication
racism, buttressed by the Colour Bar Act of the determination of the authorities to
which was instituted to address the ‘poor suppress and sacrifice the rights of black
whites’ problem. This served to reserve people for artificial industrial peace.
jobs for whites that were less educated

005 Secretariat Report to the 14th National Congress 2012.

So as we celebrate 18 years of democratic South African Trade Unions – COSATU.
rule, we salute and pay tribute to the
families of mineworkers who still, to this day, In our relatively short history, we have
are uncertain about the lives of their loved achieved a lot to transform the lives of
ones who work underground in the mines. our members and our society. Since
Each time they say goodbye, they don’t the advent of democracy and our
know if they could be saying goodbye for government’s commitment to ensuring
the last time. The mining industry continues our people’s access to electricity, our
to devalue the life of an African. The mine members have been an integral part
owners are not moved by the fatalities that of this transformation. As South Africa
continue to blight our work in the mines. develops, members of the NUM have been
They are not moved by the indignity they responsible for the construction of new
continue to perpetuate by forcing black roads and ports. Having won the Health
men to sleep together in one room. Up and Safety Act, we have proceeded to
to this day most mineworkers, unlike most ensure the implementation of the Mining
industries, are still separated from their Charter, which seeks to ensure that
families. mineworkers are meaningful beneficiaries
of the wealth they create and live in
As we celebrate three decades of decent housing. We have made strides
sweat, tears and sacrifice, we say: “The and continue to do so daily. Yet more still
struggle continues, Aluta Continua!” Our needs to be done.
success will be measured by the safety of
mineworkers, a dignified dwelling, and the As we celebrate the 30 years of our gallant
ability to live with loved ones. Our success struggles, let us remember our humble
will be measured on the basis of advances beginnings and not forget where we
we make in ensuring that all our members come from. Let us remember the African
earn a living wage. Mineworkers Union and all those other
unions which preceded them, standing
Mineworkers have been the backbone out as a beacon for us to fight against
of South Africa’s economy for the last racist exploitation and oppression. As we
century till today. They bore the brunt of celebrate, let us mark the victories we
apartheid; forced off their land to work have won against intransigent mining
in the mines in order to fulfil the strong bosses and the apartheid state. Let us
hunger for industrialisation and racist celebrate the advances we made for our
capitalist greed. These are the workers members since we took on the industry in
and members who have made the NUM the 21 days that shook the Ming Chamber
what it is today: the biggest, strongest, in 1987. As we celebrate, let us evaluate
most revolutionary union in the country. our position and sharpen ourselves for the
struggles ahead.
The NUM was the first union to adopt
the Freedom Charter. Led by a visionary At all times, let us endeavour to ensure that
leadership, it became the catalyst to the NUM remains a united, ever-growing,
the formation of the giant trade union revolutionary union.
federation in our country, the Congress of

006 Secretariat Report to the 14th National Congress 2012.

SECTION A AN ABRIDGED OVERVIEW

007 Secretariat Report to the 14th National Congress 2012.

02 An Abridged
Overview
by the General Secretary

2.1 The National Congress Theme: “30 helped transform the landscape of
trade unionism in South Africa. We
years of Unbroken Revolutionary made an immense contribution in
the formation of COSATU in 1985.
Trade Unionism Struggle” We were a pioneer on many fronts
including but not limited to cadre
At this 14th national congress, the development, education, training
NUM will for four days, 23-26 May 2012, and development. We also set
engage in our business and discuss the up good social governance
theme chosen by the National Executive structures, investments, health and
Committee: “30 Years of Revolutionary safety, job security and fought
Trade Unionism Struggle” against discrimination and racism.

• Revolution, what is a revolution? As we gather here comrades, we
salute our founders, forebears,
It is social change which always leaders and other members who
signifies a transition from one sacrificed, some with their blood,
socio-economic formation to life and limb for this mighty union
another, often occurring after a which turns 30 this year. We salute
bitter struggle. The NUM is not only our predecessors for the vision
a gumboots and helmet union. It and commitment to free us from
has been actively involved in the the bondages of workplace and
broader political struggles locally political oppression. We salute our
and internationally. We were the former leaders for understanding
first union to adopt the Freedom fully The Law of Sacrifice which is
Charter as a political guiding better explained by John Maxwell;
document. We were the first union “Sacrifice is an on-going process,
to elect President Nelson Mandela not a one-time payment”. He
as the Life Honorary President of further says; “when you become
the NUM. We played a critical role a leader, you lose the right to
on the release of political prisoners think about yourself”. We thank
and applied pressure in “the valve” you Ntate Motlatsi, Oom Barayi,
that forced the apartheid regime to Comrade Cyril and many other
let go political power. It is for this founding leaders.
reason that we chose the theme:
“30 years of Revolutionary Trade A word of appreciation to the late
Unionism Struggle.” Cde Lazarus Ditshwene, the former
Rustenburg Regional Chairperson
• Trade Unionism for his dedication and hardwork.
May his soul rest in peace.
Trade unionism in South Africa
dates back to 1880s. The NUM was
formed in 1982 and its contribution

008 Secretariat Report to the 14th National Congress 2012.

Special appreciation to the Deputy a detour through a poem by
President, Cde Thamsanqa Piet Comrade Lindiwe Mabuza, about
Matosa who sustained life time the formation of the ANC;
injuries and once more apologise
and thank him for his continued But I’m an extraordinary spirit
dedication and leadership role he A power, a force, a home
has continued to show despite the A shield
circumstances. A spear
A child
And to all the leaders who in the call Yes a child born with stubborn
of duty experienced attack from leopard spots of racism
our competitors and never stopped All over
in their hard work, we encourage But born nonetheless
them to continue their struggle in Breathing, kicking, stretching
improving the lives of our members. Into the future
Breathing heavily
2.2. Our purpose With the hearts of leopards and lions
Plus all the known
Comrade President, delegates and And unbroken courage and triumphs
guests, it is important we remind one Of Africa
another about the NUM’s purpose and For I was born
main task. As prescribed in our founding At a gathering of the brave!
document, our purpose is;
And
• To recruit and unite all workers into the What’s my name?
NUM (i.e mining, construction The African National Congress
and energy); Of South Africa. Born January 8, 1912
I gave birth to Umkhonto We Sizwe on
• To enhance members economic the 16th December 1961
and social welfare;
Comrades and delegates, as we
• To protect the job security of evaluate the NUM and its progress
members; over the last 30 years, let us also
reflect and take courage from
• To improve wages, salaries and ANC’s 100th birthday on the 8th
conditions of service; January 2012. Long live the ANC!
Long Live!
• To network with other organisations
with shared purpose; 2.3.2 Key achievements

• To raise the members levels of class President and delegates, the
consciousness. NUM is alive and sound. We can
declare in this 14th National
2.3 The NUM organisation

2.3.1 Poem on the ANC

Before reflecting on the state of
the NUM organisation, let us take

009 Secretariat Report to the 14th National Congress 2012.

Congress that, the NUM is indeed finalised recently will
in a good state of health. We will capture the work taking
unpack both the milestones and place in the regions, where
challenges confronting this giant after we will have to decide
organisation. how to introduce it in the
branches, if possible The
Let me remind you: constant but improving
success rate is as a result
(i) The NUM has a clear vision; of the following :

(ii) We have a set of 13 values; • Legal officers who have
stabilised in the last three
(iii) We have a ten-year plan; (3) years;

(iv) We have a three-year • Examination of cases
budgeting process; before escalating them
to a higher level;and
(v) Our membership is
ever-growing; • Confidence gathered
through experience in
(vi) We continue to defend our rejecting nonmeritorious
members and advance cases and informing
their socio-economic branches/regions
interests; accordingly.

(vii) We are a voice for the 2.4 What impact has NUM made in your
voiceless in our industries; life?

(viii) We have established We posed this question to a few of our
relationships with comrades and this is what they had to say:
organisations which
share our aims, objectives (i) “In 1987 I was a mine security
and political aspirations; guard and we were badly treated. But
the moment I joined the NUM, I had my
(ix) We have continued to rights as a worker and expressed my
provide solidarity support dissatisfaction against ill-treatment.’’
locally and abroad. Viva (Cde Thabiso Tedeli).
NUM! Viva!
(ii) “I am what I am because of NUM.
(x) Notwithstanding The NUM developed me academically
retrenchments, dismissals and made me to be able to formulate an
and deaths; opinion and debate with others.” (Cde
Matseleng Sifume).
(xi) Our membership has
increased, we are just over (iii) “The NUM improved my skills, it
320, 000 members. changed my life style and my family
benefited as a whole.” (Cde Salae).
(xii) We have a success rate for
2011 of 82% in terms of (iv) “It is because of NUM that, I’m known
the Legal cases that in Lesotho, Tanzania, Mozambique and
reached Head Office. This
percentage excludes cases
which are concluded at
regional and branch levels.
The Pro Legal system

010 Secretariat Report to the 14th National Congress 2012.

many parts of South Africa. The NUM Albu “If the native can save £20 a year, it is
changed my life for the better. Thank almost sufficient for him to go and live on
you NUM. Ndiyabulela.” (Cde Nqakala). the fat of the land”

(v) “It changed my life in a big way, it Albu continues “I would make African
developed me. It made me to discover labour compulsory... Why do nothing?”
myself and my rights at work and in
society.” (Cde Diatile). Commissioner “If a man can live without
work, how can you force him to work?”
(vi) “I am what I am because of NUM.
The NUM developed me academically Albu “Tax him then”
and made me to be able to formulate
an opinion and debate with others.” Commissioner “Then you would not allow
(Cde Matseleng Sifume). the Kaffir to hold land in the country, but
he must work for the white man to enrich
(vii) “NUM made me to discover that, him?”
I’m not alone. I know that with NUM
I’m protected. It gave me a sense of It is recorded history that, the Chamber
belonging” (Cde Emma Mtupa). of Mines played an instrumental role in
some of the apartheid laws such as;
(viii) “For the first time I found myself in amongst others,
an aeroplane. It was because of the
NUM that I slept in a hotel for the first o Pass Laws
time in my life. I became a leader in
my branch and region because of the o Master and Servant Act, this was
NUM.’’ (Cde Hlaele). to prevent mineworkers deserting
work and made breaching their
(ix) “The NUM changed my entire employment contract a criminal
life, and also brought some degree of offence.
respect. When we had to appear in
a DC hearing, we had to appear in a o The Native Land Act, which Sol
window type space and not sit together Plaatjie described as; “Africans
in one room with the complainant and had fewer rights than wild animals
chairperson. One white miner, who was and the insects of the field. The
disciplined for calling a black worker a foxes have holes and the birds of
kaffir was so upset and said in Afrikaans; the fields have nests; but the son
“Ek het net een jaar geloop, ‘n kaffir was of man hath not where to lay his
‘n kaffir as ek terug kom ‘n kaffir is nie weer head.” (Flynn, 1992:204).
â kaffir”meaning (I have just been away
for one year from this mine, but only to 2.5 Special tributes (Forebears and
discover that we don’t have black kaffirs Founding Members)
any more). (Cde Zisiwe Majola)
In the year in which NUM turns 30, we
(x) The NUM in its 30 years of existence cannot ignore and fail to pay special
had to undo what had been in place tribute to our forebears who sacrificed
for over 90 years. The founder of the their lives and jobs and formed this giant,
Chamber of Mines (General Mine) a the NUM. We applaud the work of Jeffrey
certain Mr George Albu, as reflected Njuza, George Nkadimeng, Elijah Barayi
in the work of Laurie Flynn, once said and Jan Selepe.
during a commission of enquiry;

011 Secretariat Report to the 14th National Congress 2012.

In the mining, construction and energy 2.7%. Clearly we are growing
sectors, we pay special tribute to the men below potential, and slower than
and women, young and old who have the region.
perished in the workplace over the years.
We say, let your blood not be in vain, we 2.6.2 Socio Economic
salute you as true working class heroes.
Former German politician Otto
We also recognise our members who were von Bismarck put it very neatly:
dismissed fighting for their rights and were “Politics is the art of the possible”.
never re-employed because of labour laws It is an environment which is very
which protected the interests of capitalists. fluid; a comrade in arms can see
an enemy out of another comrade
2.6 The external environment over-night. We have seen and
witnessed an abundance of
2.6.1 The Global economy prevarication, severe insincerity
amongst our own comrades and
While the International Monetary deficit of class consciousness,
Fund last month (April 2012) raised spiced by corruption and self-
its 2012 global growth forecast to enrichment. That said, our
3.5 percent, and to 4.1 percent democracy is stable and there
next year, the global economy is no threat to our democratic
is yet to fully recover from the political environment save for
2008 recession. Economists point high unemployment, poverty and
to slowing growth in China, the inequality.
world’s second-largest economy,
which has largely driven world We will discuss this subject in
growth in the past few years. At more detail under the political
the time of preparing this report, section.
China had just reported that
its first quarter growth was the 2.6.3 Arab Spring
slowest pace in three years, while
U.S. growth slipped to 2.2 percent As we are gathered at this
from 3 percent. Major European 14th National Congress, let
economies including the United us remind ourselves that over
Kingdom and Spain are in seven million South Africans
recession. As one economist put remain unemployed. Many
it; “the global economic recovery more have given-up hope of
is stalling, the best case scenario finding any employment in their
is a delayed resumption and a life time. Poverty, unemployment
slower subsequent pace”. The and inequality remain the key
global economic challenges disturbing feature in our 18 year
have a direct impact on the old democratic South Africa.
economies of the developing
countries including our own. The 2.6.4 Pamdozi/Aurora
IMF last month projected a 5.4%
real GDP growth for Sub-Saharan We have convened post the
Africa in 2012 up from 5.1 percent waves of uprisings across the
in January whereas South African Middle East, uprisings which
growth is seen expanding at were dominated by the youth.
We are meeting in a world with
no Muamar Gadhafi, Saddam
Hussein, the ailing Mubarak

012 Secretariat Report to the 14th National Congress 2012.

is having his day in court. As (iii) Pamodzi Orkney
Bismarck said; “Politics is the art
of the possible”. It is not part of Simmer and Jack made an
the grade one school syllabus. It
is a very complex discipline full of offer to buy the Pamodzi Orkney
uncertainties.
mine for R120 million during 2009
2.6.5 Pamodzi/Aurora
and the offer was not accepted
(i) Introduction
by the then joint provisional
Pamodzi Gold Free State, Pamodzi
Gold East Rand and Pamodzi liquidators. The provisional
Gold Orkney were placed in
provisional liquidation during liquidators appointed JIC to do
April 2009. Six liquidators were
appointed to administer the Free contract mining to which we
State and East Rand estates and
three of the six were appointed to objected and the appointment
administer the Orkney estate. The
liquidation of the Pamodzi Gold was reversed. The provisional
Mines led to major job losses and
loss of economic activities with liquidators appointed Standard
the biggest impact on the East
Rand and the Klerksdorp area Bank as transaction advisors and
where the mines have not yet
been sold. embarked on a tender process.

(ii) Pamodzi Gold Free State Aurora was selected as preferred

ThePamodziGoldFreeStatemines bidder during September 2009
were sold to Harmony Gold for
R400 million and the transaction and was appointed manager
was finalised during December
2009. The Industrial Development of the mine under the terms of
Corporation advanced the mines
R45 million to cover wages and an interim agreement. However
care and maintenance during
May 2009. The IDC also agreed Aurora did not comply with
that the workers could receive a
portion of their claims from the the terms of the agreement
proceeds of the sale of the mine
which potentially could have and mismanaged the mine
meant the IDC could receive a
reduced amount in respect of resulting in major losses and a
their secured claim. The workers
were paid the preferential portion deterioration of the assets.
of their claims during December
2009. The administration of this The Master (of the High Court)
estate is still in progress. The mine conducted an enquiry during
is operational. May 2011 which ended with
the removal of Enva Motala as
provisional liquidator of Orkney.
Two other provisional liquidators
were appointed in his place.
The provisional liquidators
immediately cancelled the
Aurora contract, took control
of the mine and embarked
on a process to market the
mine. However the provisional
liquidators found little interest in
the mine except China African
Precious Metals which was duly
selected as preferred bidder. On
16 August 2011 the High Court
approved the sale of the mine
subject to certain conditions
precedent. The provisional
liquidators have expressed
concern around the delay in
finalising the implementation
of the agreement. Whilst China

013 Secretariat Report to the 14th National Congress 2012.

Africa Precious Metals expressed The Master conducted an enquiry
commitment to finalise the into the conduct of the liquidators
implementation of the transaction, we and Motala and Gainsford were
will see in the next few weeks whether removed as provisional liquidators
the transaction will be implemented. by the Master during May of 2011.
The remaining provisional liquidators
(iv) Pamodzi Gold East Rand immediately cancelled the Aurora
contract, took control of the mine and
The Hypo-und Vereins Bank (HVB), a embarked on a process to market
German Bank which is the secured the mine. During December 2012 the
creditor of this mine advanced R50 provisional liquidators announced
million during May 2009 to enable that a preferred bidder had been
the provisional liquidators to place selected. The joint provisional
the mine on care and maintenance liquidators reported last month that
and to continue with limited mining negotiations with a preferred bidder
operations. Of the R50 million, R22 to buy certain assets are being
million was utilized by the provisional finalised in a matter of days. The mine
liquidators, with the consent of HVB, is plagued by illegal activity and it
to pay pre-liquidation arrear salaries has been reported that 20 miners
of the workers during May 2009. involved in illegal mining activities
Standard Bank was also appointed died during March 2012.
as transaction advisor and none of
the major gold mining companies
showed any interest in buying the
mine. Aurora was selected as the
preferred bidder and was appointed
to manage. Large scale theft,
destruction and removal of assets
took place whilst Aurora was in
charge of the mine and the mine was
flooded.

014 Secretariat Report to the 14th National Congress 2012.

SECTION B ORGANISATIONAL
SECTION

015 Secretariat Report to the 14th National Congress 2012.

03 Organisational
section

The new era is already here: Furthermore we have documented evidence
Here the new time begins anew. of compliance with principles of social
The new era happens every day; governance which include the implementation
Every day is a new world, of congress resolutions, policy matters,
A new calendar. members’ services and support, and social
All great moments, all great eras, investments. It is important that we appreciate
Are just every moment the various forms of governance in order that
And every day writ large. we all have an appreciation for the relevant
Thousands of years of loving, failing, killing, application of social governance for the NUM.
Creating, surprising, oppressing, Corporate governance as guided by the King
And thinking ought now to start Code, affects corporate entities whilst Public
To bear fruit, to deliver their rich harvest. governance affects state institutions and Social
Will you be at the harvest, governance is what governs non-government
Among the gatherers of new fruits? organisations and or institutions such as
Then you must begin today to remake ourselves.
Your mental and spiritual world,
And join the warriors and celebrants 3.1 The NUM’s historical 30 years
Of freedom, realisers of great dreams. perspective

You can’t remake the world Our historical perspective in the past
Without remaking yourself. 30 years has been one of revolution; a
Each new era begins within. struggle which has changed the lives of
It is an inward event, mine, energy and construction workers
With unsuspected possibilities as well as influenced world working class
For inner liberation. solidarity. We celebrate three decades
of change and a revolutionary struggle
Ben Okri : Turn on Your Light which started first in mining and later in
the energy and construction sectors.
This section provides a historical retrospective
whilstdealingwithcontemporaryachievements The extension of the NUM scope in 1985
and challenges facing the organisation. The to cover energy workers - Eskom in the
evolution of the NUM as evidenced through main - and the integration between the
the following phases: recruitment, mobilisation, NUM and the Electrical Workers Union as
survival, consolidation, maturity and articulation well as the merger with the Construction
is reflected on briefly. and Allied Workers Union in 2000 were
important steps within the true sense
of worker solidarity. Through these
measures we sought to consolidate

016 Secretariat Report to the 14th National Congress 2012.

workers’ issues and package them for of Mineworkers and phases
a sustained struggle in the context of of our struggles. Ahead of the
working class power in our sectors and celebration of 30 years of our
at the work place. existence, we declared in the
2011 Central Committee that the
This helped the NUM to focus its energies current story telling of our history
on fighting the transformation of, first, is informed and guided by a
the mining sector, and later the energy Ghanaian proverb which says:
and construction sectors. Our role and “Until the lions have their own
the submissions we made during the historians, tales of the hunt will
Gold Crises Committee in 1996- 1999, always glorify the hunter”.
the promulgation and enacting of
the Minerals and Petroleum Resource In analysing the evolution of the
Development Act, the formulation of the NUM we link this evolution to the
Mining Charter, the Construction Charter, history of the mining sector itself
the Skills Development Act, amendment to and how the first mineworkers
the Health and Safety Act and inputs to the came into contact with the
Labour Relations Act attest to the quality economy.
of our contribution to the socio-economic
transformation in the three sectors. The discovery of mineral resources
in South Africa starting with
On the political front, many of our diamonds in Kimberley in 1871,
current and former leaders played key gold in Barberton, Mpumalanga
roles in municipalities, provincial and in 1884, and coal in Transvaal
national government departments. The and Natal in 1889 and 1895
consecutive conveyance of national respectively, was the beginning
leaders such as Secretary Generals to the of the industrialisation of our
ruling African National Congress gives resources in South Africa’s
practical examples to this 30 year journey. economy. It was inevitable that
sooner or later workers would
The formation of the NUM and the organise themselves as a
impact it made to mineworkers is well force to challenge the growing
articulated by Laurie Flynn in the chapter: tendencies of exploitation by
“Conspiracy of Hope: the Rise of NUM”. those who placed themselves as
superior to other workers.
“The National Union of Mineworkers,
would establish a powerful presence The organisation of the South
on many mines and become the fastest African people has its own
growing union in the country. A new phases such as around 1817
day was dawning and a new cry was when communities rose against
beginning to be heard throughout the the occupation of resourced
beloved country-“Viva, NUM, viva!” After land by the settlers and the rise
nearly a century of exploitation endless of Zulu speaking peoples under
washing had not only softened the stone King Shaka during the same year.
it had begun to break.” The circumstances that forced
people to organise themselves
3.1.1Phases of the NUM Evolution in 1817 informed the struggles
which were to follow in the South
Linked to the above is the African mining workplace.
evolution of the National Union

017 Secretariat Report to the 14th National Congress 2012.

The establishment of the African 3.1.1.3 Phase 2: Mobilization Phase:
Mineworkers Union led by John 1985-1987
Beaver (JB) Marks – later crushed
by the apartheid state – was This phase was, in the main,
among the first attempts by blacks focusing on educating workers
to form unions and organise about their rights. Workers were
mineworkers. When the NUM was made aware that the power of a
eventually formed in 1982 it drew union is a function of unity and the
the cue from the experiences ability of workers to fight for their
of the AMU leadership. The rights.
apartheid government could not
stop the mineworkers then as they The success of this phase was
responded to racist workplace evidenced in a series of strikes
practices. that culminated in the 1987
strike popularly known as “the 21
We continue to reflect the phases days that rocked the Chamber
of evolution that informed today’s of Mines”. It is this strike that
NUM. The NUM, like the AMU unmasked the supposedly “liberal”
before it, was also relentlessly Anglo-American Corporation,
attacked by the apartheid demonstrating that tempering with
government. The following are their profits uncovered their true
painful but memorable phases colours. The union came out of this
we went through as we grew from battle injured but not defeated. The
strength to strength: industry was once more covered
with fear as employers tried hard
The NUM has gone through to reverse the conditions to the pre-
various phases of growth, 1982 situation.
namely:
3.1.1.4 Phase 3: Survival Phase:
3.1.1.2 Phase 1: Recruitment Phase: 1987-1992
1982-1985
In this period the union was faced
In this phase the focus was on with the threat of total extinction.
building the organisation. In 1982 It had to re-instil confidence
the giant was formed. At the amongst members who were
inaugural congress in December suspicious and frightened. The
that year the union had already membership had dropped from
built a strong base and was in 269,000 to 205,000 following mass
a few regions. Our strategy was dismissals by the employers,
built around agitating on Health particularly Anglo-American.
and Safety issues following the
successful engagement of ISCOR The employers were on the
over the Hlobane disaster in 1983. offensive. They worked hard for
During this phase the NUM was a repeat of 1946, where the strike
recognised as one of the fastest marked the death of the African
growing unions in the world. Miners Union. The NUM survived
this attack.

018 Secretariat Report to the 14th National Congress 2012.

3.1.1.5 Phase 4: Consolidation Phase: • Permanent citizenship for
1992-2000 workers from neighbouring
countries;
Having survived the offensive
from capital and our membership • 12 Public Holidays for
having recovered, we had to mineworkers;
consolidate our organisation. The
union started building a sound • Labour Relations Act;
resource base. The first union-
owned training centre was built • Labour market Commission
while investment in leadership (Social Plan);
development was increased.
Militancy of our union returned • Skills Development Act;
and members once more started
taking up issues backed by • Employment Equity Act;
action. Operational structures
were reorganised, helping the • Basic Conditions of
organisation move towards a Employment Act.
leaner head office and self-
contained regions. This was a By the end of this phase the union
conscious attempt to take the was confident and in a strong
capacity to service close to the position.
workers.
3.1.1.6 Phase 5: Maturity Phase:
The union participated in the 2000 - 2006
transition between apartheid
and democracy. This transition The maturity of the union can
included the pre-1994 political be witnessed in the strategic
negotiations and the post 1994 interventions it has made. The
Government of National Unity impact of these interventions is
period. The NUM is proud of seen in various aspects of the life of
the role it played in ensuring a workers and in the broader society.
resounding victory for the ANC-
led democratic forces in the first • Full-time office-bearers at all
democratic elections. The visible levels of the union;
participation of union members
in local government structures • Gold Crisis Committee / Gold
reinstated the 1987 slogan; Summit;
“Mineworkers take control”.
• Systematic dealing with
The gains made during this counter-revolutionary focus
phase took us beyond just on an on-going basis;
consolidation. These included
but were not limited to: • International work:
o Role and contribution within
• The Leon Commission into The International Federation
Health & Safety in the mines; of Chemical, Energy, Mine,
General Workers’ Unions (ICEM)
• Mine Health and Safety Act; o Structured international work
o Ability to host international
• Commission into the Vaal congresses;
Reefs Disaster;
• Implementation of the COSATU
resolution of 1997 on building
a super union

019 Secretariat Report to the 14th National Congress 2012.

• Capacity building society both locally and abroad,
o Continuous improvement of because of its foresight and vision,
the skills profile strength of character and the
ability of a successive leadership
o Building a sound resource base collective to advance the strategic
vision of the workers.
o Focused leaders development
At regional, continental and global
o Continuous improvement of level, the NUM has ensured that
mining is profiled strategically in
our infrastructure network terms of the development agenda,
o Development of women particularly as a strategic sector
for the development of Southern
• 1999 Central Committee Africa and the African continent.
resolution; The United Nations World Summit
on Development’s Johannesburg
• Formation and development plan of action has included
of women’s structures; mining in its thematic areas whilst
the NEPAD programme of the
• Long-term strategic planning; African Union has integrated the
mining sector in their strategic
• Deployment strategy; development plans.

• Leadership development- Construction and Energy sectors
based succession planning. also reflect and confirm the
articulation footprint of the NUM.
Our maturity continues to be tested In the current conjecture, the
and reinforced by events in the union has been able to engage
industry and in society. Our focus and influence discussions on
on building and strengthening nuclear energy and exploration.
of structures continues to be our It has also advanced the
main saviour. This fighting union discourse on renewable energy
will continue to grow. to consolidate energy resources
in the country for sustainable
3.1.1.7 Phase 6: Articulation Phase: development. Historically this
2006 - To date would have been the terrain of
the private and public sectors with
The National Union of Mineworkers’ labour normally at the margins.
evolution as a leading and strong Through dedication, unions like
ever-growing revolutionary trade NUM play a critical part in energy
union has reached the stage of and nuclear policy development
articulation. It is a trade union as formidable stakeholders.
confident in its identity and in the
intervention it constantly makes; At the local level, the NUM is one
convinced in the progressive of the few COSATU affiliates that
positions it takes at all levels of has a permanent commanding
the labour market locally and presence in the corridors
globally as well as in the socio of parliament. Through the
political milieu. parliamentary office, the NUM
ensures constant intervention
The NUM has evolved into an in the legislative process to
institution that is at the front of advance and defend the interest
thought leadership in modern
trade unionism but has not forsaken
its revolutionary credentials. It is a
trade union that is admired, revered
and envied across all sectors of

020 Secretariat Report to the 14th National Congress 2012.

of its members. This is part of without its lighter moments. Below
the articulation phase where are just a few incidents that have
the NUM is a recognised de made us chuckle;
facto stakeholder that has gone
beyond agitating for a place on (i) One comrade we know lost
the table. a potential girlfriend when his
undisclosed armband fell out of
• International work his pocket. He had delayed the
o Leadership position by the NUM truth and claimed to be working
in ICEM and Building and at OK Bazaar Warehouse.
Woodworkers International (BWI)
o Building Strong unions in Africa (ii) We are told that some
o Influencing a progressive members of NUM, on their first
agenda on the global labour hotel experience, when ordering
movement breakfast were asked “How many
eggs sir?” The response would
• Political Work be “six.” That’s a half a dozen
o Influencing the political shift eggs!
to the left
o Human Resources Investment (iii) Mine bosses were known
o Leadership Investment for having total disregard for
o Financial Investment workers families granting unpaid
family leave in case of death.
• Accountability One comrade had to go home
and told his shift boss that he’d
• Capacity Building lost his mother “lo mama ka mina
yena file.” This particular boss
• Continued investment for remembered that it was for the
sustainability third time this worker had made
o Human Resources Investment a similar request and then asked;
o Leadership Investment “Mangaki lo mama ka wena?”
o Financial Investment (how many mothers do you
have?)
3.1.2 Some humorous aspects of
miners’ lives and struggles

The lives of our members are not

3.2 Key areas of output since 2009

Resolution Action Required Monitoring Status

Future of Women Constitutional amendments Ensure the amendments Done
structure are correct and constitution
-Adopted All NUM collective bargaining distributed after the NEC Done
structures to have women approval
Participation of cadres Improved participation
women in collective of women in collective
bargaining bargaining processes
-Adopted

021 Secretariat Report to the 14th National Congress 2012.

3.2 Key areas of output since 2009 (cont.)

Resolution Action Required Monitoring Status

Fulltime Regional Each region to deal with the Regional Committees Partial
Office Bearers release of ROBs Deepening class Done
Unity and Cohesion Education Unit and the consciousness within the
within the Union SACP to work out a clear Union Done
-Adopted education plan to deepen Improvement on the current Done
class consciousness in both system Done
Accidents and elected leaders and non- Fines increased from R200 Withdrawn
Fatalities elected officials of the union 000 to R1 million for first time
-Adopted Submit a motion through offenders Done
Mine Health and Safety Labour Brokers ban in South Ongoing
Mine Health and Council Africa Struggle
Safety Fines - Engage the Department of
-Adopted Mineral Resources Public campaign of NUM
Engage the Department of Awareness within NUM
Labour Brokers Justice and Constitutional members on the challenges
-Adopted Development and facing the Swaziland
Department of Mineral Revolution
Constitutional Resources
Amendments- NUM made submission to
COSATU Constitution: Parliamentary process
Provincial Deputy -This resolution was submitted
Secretary position to COSATU’s 10th Congress
-Adopted and adopted
50th Anniversary of This resolution was submitted
the Cuban Revolution to COSATU 10th Congress
-Adopted and NUM was requested to
Democracy and withdraw the resolution on
Freedom in Swaziland the basis of affordability by
-Adopted the federation
Development of joint
campaign plan with FOCUS
around the blockade and
release of the Cuban Five
NUM to participate in the
COSATU programme and SSN
actions

3.3 Social governance (iii) Risk assessment and mitigating plan
in place;
We are proud to declare to this National
Congress that we have the key aspects (iv) Constitutional structures are meeting
of good social governance in place. in accordance with the constitution;
These include but are not limited to;
(v) The NEC is effective and functioning
(i) Annually audited financial statements; as dictated by the constitution.

(ii) An effective and functioning Audit 3.3.1 Central Committees
Committee; (2010 and 2011)

022 Secretariat Report to the 14th National Congress 2012.

3.3.1.1 2010 Central This CC concluded
Committee (CC) its business and took
certain resolutions in an
This CC was convened attempt to build the
under the following theme; mighty NUM.
“A revolutionary union for
a conscious membership”.

Section of Resolution / Man- Implementation Status
Report date
10 Year Plan adopted with Done
Ten Year Plan 10% Remove the section that talks the removal of the 10% Done
Branch Allocation of a 10% branch allocation branch allocation Done
SATAWU Strike Communicate messages of
CC supports workers support with SATAWU Done
2010 World Cup organised by SATAWU and
other unions who are striking Region to monitor ticket
Plight of Aurora and against TRANSNET distribution
ex Pamodzi Workers CC congratulates
construction workers for their Donations distributed.There
contribution on infrastructural are still those who want
development for the World to donate and details are
Cup. being provided to them
CC calls on NUM to mobilise
resources on behalf of
the mineworkers who are
subjected to capitalist greed

CC mandates NEC
to develop policy on
humanitarian intervention

CC mandates NEC to engage
COSATU, Minister of Labour
to fast track issues including
role of major unions in
appointment of liquidators;
contribution by employers to a
special account to take care
of workers during liquidation

3.3.1.2 2011 Central Committee anniversary”. This CC concluded
its business and took the following
The CC was convened under resolutions ensuring the building
the following theme: “A living of the mighty NUM.
wage and unity towards the 30th

023 Secretariat Report to the 14th National Congress 2012.

Area Activities Status

Living wage and unity Socio-economic research in the 3 sectors Done
30th anniversary Campaign and demands on living wage Done
celebrations NEC to prepare for the 30th anniversary celebrations Ongoing
Leadership Code of Done
Conduct The declaration of commitment should be explained to
all members before nominations and elections in all the Done
Expenditure of legal structures of the union, Started in
case Before closure of any conference, the elected leaders 2012
should sign the declaration Proposal
Health and Safety Development and co-ordination of para-legal training in all being
Mining recruitment: branches developed
dangers of bana ba Ensure that there is balance between employment of staff Ongoing
mmu (regional and national) and referrals to outside lawyers. Legal firms
Karee crisis are being
Ensure that appointment of lawyers gives preference to appointed
Youth recruitment local firms in various
and development Appointment of lawyers/legal firms should comply with the regions
procurement policy Partial
Done
The NEC to roll-out a campaign on mourning
The NEC to coordinate a symposium which would act as a Partial
platform to create a common and shared vision on mining Done
employment Done
Induction of newly elected branch committee members Ongoing
Continuous delivery of education on the constitution and Ongoing
operational procedures Ongoing
The NEC to develop recruitment and organisation building
strategies Ongoing
Regions to develop recruitment plans for the youth Ongoing

The Secretariat to work with the SACP to develop an Ongoing
ideological manual for younger workers
The history of the mining industry and the role of NUM must
form an integral part of political education for younger
workers
Company skills development and employment equity plans
should address youth needs
Branches to ensure availability and co-ordination of
recreational facilities and activities in all our residential
places
National youth development indaba to discuss and
develop a strategy on youth employment and development

024 Secretariat Report to the 14th National Congress 2012.

Area Activities Status

Wellness campaign Youth employment to be an integral and constant part Ongoing
One industry and one when bargaining with employers Ongoing
federation: COSATU The NEC to develop an organisational plan on; No progress
founding principle HIV and AIDS, healthy living style, debt management, at all
recreational facilities No progress
Energy Policy and The NEC to engage COSATU NOBs to coordinate and Ongoing
Nuclear Energy facilitate a discussion between NUM and NUMSA NOBs on Done
Merger talks the handover of Eskom members from NUMSA to NUM. And Done
Climate changes NUMSA to withdraw from organising mineworkers Ongoing
Retirement/Provident Proposition of the establishment of the COSATU CEC task Done
funds team to ensure that affiliates are organisationally aligned to Referred to
their scope of organising COSATU
Nationalisation COSATU NOB’s to continue with engagements with other
Poverty, three labour federations on the need to have organisational Ongoing
unemployment and talks towards one country, one federation
inequality The NEC to organise regional workshops on the energy Done
Amendments to LRA, policy
sec 197 The NEC to continue engaging within Tripartite Alliance/ Done
Compensation government and other platforms on the best policy option Ongoing
for South Africa with regards to an energy policy
The NEC to engage with NUMSA, CEPPHAWU and SACTWU
on the federations (ICEM, IMF and ITGWF) merger and also
on the possibility of a merger of the four unions
Public and civil society discussion on climate change and
the consequences of the commitments made by South
Africa on climate change
The NEC to engage with the Finance Minister to ensure that
the debate takes historical evolution and significance of all
funds
Prior to the approval of the policy, the Finance Minister
should investigate the following matters; changing of jobs,
unemployment, divorce and retirement
CC supports the current process (research including
research team and the reference group) to prepare for the
policy position to the ANC policy conference and then a
formal policy decision taken in 2012 national conference
The NEC to engage the Alliance on the need for the New
Growth path to encapsulate an agenda of fighting poverty,
unemployment and deliberate policy intensions to close the
gap on inequalities
The NEC to submit a resolution to COSATU CC on the need
to amend the LRA, section 197:
mergers and acquisitions going concern
The NEC to explore an analysis of both ODMWA and COIDA
on best benefits available for members
Speedy process to merge ODMWA and COIDA

025 Secretariat Report to the 14th National Congress 2012.

Area Activities Status

Support to Ex- Public campaign on compensation and procedures Partial
Mineworkers suffering Engage the ex-mineworkers associations in order to assist Partial
from Occupational former mineworkers to claim compensation benefits which
diseases could not be claimed Partial
Capacity and The NEC to ensure that the programme that supports
refocusing MDA and former mineworkers suffering from occupational diseases is Ongoing
the merger with Teba extended to all dominant mining provinces and other SADC
Development countries
NUM Political plan The NEC to engage on possibilities of refocusing the MDA
Corruption and its capacity

Alliance The MDA should develop its own internal capacity to have Ongoing
Civil Servants vs focused after care programmes in the SADC region Ongoing
government as an All structures of the NUM to continue to educate members Done
employer on NUM’s political policy Done
The NEC to coordinate an Alliance campaign to fight
ANC 2012 corruption. Toll free number Done
Conference Launch an organisational campaign to uproot corruption Ongoing
and bribery tendencies by medical aids, retirement fund
administrators and catering companies tendering for Ongoing
hostels
Government to intervene at local government level on the
need to re-instate dismissed whistle blowers
The NEC to engage COSATU affiliates on the organisational
and political need to preserve the unity and cohesion of
the Alliance
The NEC to sponsor a resolution for the incoming COSATU
CC that centers but is not limited to the following:

(i) Theory of the state and class character of the state Ongoing
(ii) The state as an employer and the ANC as the ruling Ongoing
party
(iii) Need to improve salary levels and conditions of service Ongoing
of civil servants
(iv) Type and mentality of the civil service cadre Ongoing
(v) Efficiency and quality service in public institutions Ongoing
(vi) (vi) Management of disputes and dealing with Ongoing
consequences of industrial action
Management of relations post disputes Ongoing
Call on ANC members to desist from engaging in Ongoing
nominations of ANC NEC candidates without the necessary
linkage to their organisational performance once elected
and their ability to implement conference resolutions/
programmes

026 Secretariat Report to the 14th National Congress 2012.

Area Activities Status

Xenophobia Urge our members who participate in ANC structures Ongoing
to support ANC leaders who uphold the policies and Done
The future and role of principles of the ANC
provinces Call on the South African Department of Home Affairs Ongoing
and International Relations to run a campaign that would
Information Bill explain the different categories of foreigners and their Done
Removal of the economic rights Ongoing
economic blockade Call on all municipalities to ensure that planning Ongoing
Release of Cuban departments are always zoning businesses and that no one Ongoing
Five and Closure of should be allowed to operate a business without proper Ongoing
Guantanamo Prison zoning Ongoing
Japanese Tsunami Call on the Alliance to have an Alliance mass education Ongoing
Crisis in Libya: on the need for South Africans to appreciate and embrace
Democracy in people from outside South Africa in the spirit of Ubuntu Ongoing
Swaziland and call Call on the ANC to facilitate an Alliance deliberation on
for the release of provinces to focus on the following; Done
comrade Amos Budgetary and service delivery objectives between Done
Mbedzi provinces and the national government? or provinces and Done
local governments Done
Historical perspective on the establishment of provinces
and the future of provinces
Methodology / the purpose of the number of provinces
The NEC to engage COSATU in order to have a public
campaign to reject any attempt to give powers to
individuals a sole right to declare the status of information
Call on the UN to remind the U.S.A. President on the
necessity to uplift the illegitimate economic blockade
imposed against the revolutionary peace loving and
humanitarian people of Cuba
Through a joint public campaign with FOCUS, call on the
U.S. president to ensure the release of the Cuban Five and
the closure of Guantanamo Prison within his term of office
before the next U.S. elections
NUM should as part of its humanitarian value donate at
least R100, 000 to the devastation experienced by the
Japanese people in 2011
NUM calls on the Libyan government to ensure the
discovery and return home of the body of Hammel
The NUM opposes the regime change effected through a
U.N. resolution on Libya
NUM calls for the immediate release of Comrade Amos
Mbedzi who is currently incarcerated in a Swaziland prison

027 Secretariat Report to the 14th National Congress 2012.

Area Activities Status

Vale North East and Highveld regions to work with PUDEMO, Partial
SNN and Mbedzi family to ensure a clear campaign on
Comrade Mbedzi’s release Done
Mandate the NEC to discuss with the SACP PB on what
possible and organisational capacity and assistance we Done
can give to SSN
CC calls on ARM to display seriousness in their fight against
the tendencies of Vale
The NEC to lodge rigorous objections to various government
/international institutions and engage COSATU and ICEM
on possible results of the impending sale of Metorex and
develop an NUM campaign on rejecting or prolonging the
sale of Metorex

3.3.2 National Executive Committee (NEC) and generate written material
or responses is not adequate.
3.3.2.1 General impressions
• The NEC members need to be
Highlights objective in their leadership
role and avoid creating an
• The NEC meets and forms a impression of block positions
quorum as per the scheduled or stances.
year planner. The attendance
is good. • There is room for improvement
whenitcomestoaccountability.
• The NEC is robust.
3.4.2.2 Meeting attendance
• The NUM has grown under the
leadership of this NEC. The table below provides the trends
in attendance for NEC members
Lowlights during the year 2009- 2011.

• The ability to read documents

Name 2009 2010 2011 Total Attended

President (6 Meetings) (5 Meetings) (5 Meetings) 71%
D President 83% 80% 50% 75%
General Secretary 66% 80% 80% 100%
D General Secretary 100% 100% 100% 81%
Treasurer 83% 80% 80% 86%
National Chair Education 100% 60% 100% 93%
National Sec Education 100% 100% 80% 94%
National H&S Chair 83% 100% 100% 81%
National H&S Sec 83% 100% 80% 100%
100% 100% 100%

028 Secretariat Report to the 14th National Congress 2012.

Name 2009 2010 2011 Total Attended

Women Structure Chair 100% 100% 100% 100%
Women Structure Sec 83% 60% 80% 74%
Carletonville Chair 100% 60% 40% 66%
Carletonville Sec 100% 60% 100% 86%
Eastern Cape Chair 100% 60% 40% 66%
Eastern Cape Sec 83% 60% 100% 81%
Free State Chair 100% 100% 40% 80%
Free State Sec 100% 80% 80% 86%
Highveld Chair 100% 100% 60% 86%
Highveld Sec 100% 100% 100% 87%
Kimberley Chair 83% 80% 100% 87%
Kimberley Sec 100% 80% 80% 86%
KZN Chair 100% 100% 100% 100%
KZN Sec 66% 80% 100% 82%
Matlosana Chair 83% 80% 100% 87.6%
Matlosana Sec 83% 100% 100% 94%
North East Chair 66% 80% 100% 82%
North East Sec 100% 100% 80% 93%
PWV Chair 83% 80% 100% 87%
PWV Sec 100% 100% 100% 100%
Rustenburg Chair 83% 80% 40% 67%
Rustenburg Sec 100% 40% 80% 73%
Western Cape Chair 66% 80% 40% 62%
Western Cape Sec 100% 100% 100% 100%

3.3.2.2 Accountability 3.3.3 NEC Sub-Committees

There is inconsistency on 3.3.3.1 Women Structure (W/S)
accountability as reflected earlier and the Youth Forum
in this report. This is an area where
we can improve and account This structure held its National
without losing our status or egos. Conference in March 2012
When comrades account or report at the Birchwood Hotel. This
on their assignment it is not a sign conference elected the following
of weakness but a sign of respect comrades to lead the structure;
to the NUM organisation. Failure to o Lydia Makhubelo
account is a sign of disrespect and NationalChairperson.
a sign that one is not fit for office. o Nobonginkosi Xhamlo
Deputy National Chairperson

029 Secretariat Report to the 14th National Congress 2012.

o Faith Letlala Highlights
National Secretary
o Priscilla Mcoyana • The successful integration of
Deputy National Secretary this structure in the overall
o Selloane Thom NUM organisational framework
National Treasurer is adequate

At the 2009 National Congress, • There are high levels of energy
before deciding on constitutional from a number of women
amendments to accommodate
the women structure, we made the • We are seeing great leadership
following options for discussions; qualities emerging

(i) Extend the trial period for • There is improved participation
another three years; of women in constitutional
structures
(ii) Make constitutional
amendments for a provision of a • There is improved women’s
women’s structure at all levels; participation in collective
bargaining activities
(iii) Dissolve the structure and
establish a gender sub-committee Unfortunately there still exists
at NEC and RC with a gender certain challenges that pose a
coordinator at national level; risk to the effective execution of
the mandate of the structure.
(iv) Amend the constitution and
elect a gender secretary at national 3.4.3.2 Lowlights
and regional level while retaining
the women structure at branch • The structure does not have a
level. focused approach and activities
are not aligned as one would
The National Congress resolved expect from other similar sub-
that we should: structures of the NEC

(i) Maintain the structure and • There is a potential danger
where individuals’ aspirations
(ii) Make constitutional supersede organisational
amendments for provision of a interests
women’s structure at all levels
• The structure can do well to
We are reporting that the maximise the strength of the
constitution has been amended organisation through unity
to accommodate the women
structure at all levels. However, • Some leaders are abusing
we expected regional leadership the women structure as a
to handle the release of regional springboard to the main
chairpersons and secretaries at structure even before end of
that level. terms

There have however been several 3.4.3.4 Challenges and a way
highlights during the reporting forward
period, including but not limited
to: We also believe that organisationally
the structure should take seriously
the campaigns on the challenges
facing our female comrades in our
sectors particularly in mining and

030 Secretariat Report to the 14th National Congress 2012.

construction. In the 2009 Congress B. Capacity Building
Secretariat report we identified
the following challenges facing The structure should conduct a
women: needs analysis for its national and
regional leadership and draw up
o Abuse and oppression capacity building programmes
o Discrimination at the workplace on the following areas:
o Violence and rape
o Collective Bargaining
It is tragic that in 2012 a female o Leadership
comrade (Binky Moisane) was o Project management
killed in one of the platinum o Financial skills
mines in the Rustenburg region.
This incident also follows research Coupled with the above we should
conducted by SWOP in 2010 (not receive from the women structure
the one commissioned by NUM) a detailed analysis of the women
on the harsh working conditions structure particularly at branch and
faced by female comrades in regional levels. We should monitor
the mining and construction the work of this structure closely so
sectors. We propose the following that we assist the structure to move
programme of the women structure toward the next maturity level. This
in the next three years: structure if well capacitated and
supported at all levels has the
A. Campaigns potential to change the behaviour
of many male comrades in our
o The women structure leadership workplaces and can help transform
should conduct a thorough the three sectors.
analysis within six months after
this congress on the harsh working However, the above does not
conditions faced by our female suggest there hasn’t been any
comrades in the three sectors progressive work done by the
within which the NUM organises; structure in the past three years.
The structure experienced its
o The analysis should be used to own challenges in the past but
identify at least three campaign we believe the leadership at all
themes for the next three years; levels is gradually moving away
from being a complaint desk
o The structure should unleash a to becoming a structure that is
series of campaigns coupled with beginning to focus and engage
protest marches in the three on organisational matters.
sectors both at national and We have seen a few focused
regional levels; campaigns at regional level and
this should be commended.
o The Congress should mandate
the first NEC after this congress All the regions have elected
to approve a focused budget for leadership and we hope this
women structure campaigns leadership will remain in office for
subject to the structure submitting their full term until the next regional
a budget proposal which is conference thus minimising and
focused, realistic and has clear avoiding the need to co-opt new
projected outcomes.

031 Secretariat Report to the 14th National Congress 2012.

leaders. The reports from regions C. Wage agreements on woman
show improved performance to related benefits
just above average.
We have signed a number
We have been struggling in the of agreements during wage
past months to appoint a Women negotiations with the employers.
and Youth co-ordinator at head The table below illustrates
office. The comrade who was achievements on issues
recommended and approved specifically relating to women’s
for appointment by the NEC later conditions of employment.
withdrew her acceptance letter
and joined the ruling party’s
Gauteng legislature caucus. We
are working on this appointment
and hope that by the time the
National Congress sits, a decision
would have been taken.

Wage Agreements for Women 2009-2011

2009 2010 2011

1. SAFCEC 1. Quality Reef Services 1. JIC Mining Services
Maternity leave Maternity leave Maternity Leave
- Receive 20% for 4 months - Receive 33.3% for a period of - 4 to 5.4 months for 2011 - 2013
provided she has been 3 months or request annual
employed for 2 years before leave or unpaid leave for the 4 2. Simmer and Jack –
the expected birth and must month Buffelsfontein Mine
remain in service for 1 year 2. Shaft Sinkers Maternity Leave
after birth. Maternity leave - 2 months full pay and
2. Anglo Platinum Limited - Increased from 100% of basic company shall pay the
Maternity Leave salary for 3 months to 100% of employee only the union
- Increase to 5 months for basic salary for four months membership, leaving out
employees who qualify. whilst on maternity leave. allowance and mine workers’
Ladies underwear provident fund for the remaining
- R300 allowance increase per 3. WCM Plant Hire 2 months.
month. - Implement a policy of at least
- Female employees working 10% of female appointments 3. Crown Gold Recoveries (PTY)
underground will be provided in the company, subject to the Ltd East Rand Proprietary Mine
with sanitary towels. availability of suitable qualified Ltd and Ergo Mining
- Female employees entitled to applicants and operational Maternity Leave
protective clothing as a result requirements. - 2 years 4 months
of their occupation would be
provided with two pieces of
protective clothing.
3. Stedone Mechanicos
Building (Pty)Ltd
Maternity Leave
- 30% pay for 4 months.

032 Secretariat Report to the 14th National Congress 2012.

2009 2010 2011

4. Samrec (Pty) Ltd 4.Redpath Mining SA (PTY) Ltd 4. Chamber of Mines
Maternity Leave -Women in mining – 2.7% Women in Mining
- 4 months paid leave. - Process of regular consultation
with female reps at mine level
5. Royal Sechaba – - Conducive working
Rustenburg environment for women
Maternity Leave - Sexual policies to be reviewed.
- 4 consecutive months at 33% 5. Shaft Sinkers
for 3 months and 1 month Maternity Leave
unpaid for the fourth month - 100% basic salary for five
6. JIC Mining Services months
Maternity Leave
- Category B: 3 months full pay 6. Murray and Roberts
having completed a qualifying Cementation
12 months period as an Pregnant Women
employee. - Move them from risk positions
into non-risk positions during
7. Murray and Roberts the pregnancy but will forfeit
Cementation their production and/or safety
Women in Mining bonuses.
- Working committee to be 7. Assmang Limited Iron Ore and
established to deal with this Manganese Mines
challenge Maternity leave
- 70%, 75% and 80% respectively
for 2012,13 and 14

8. Exxaro Namakwa Sands
Maternity Leave
- Full pay for 88 working days.

3.3.3.1.4 Point to Ponder However, the person recommended
for appointment was offered
(i) Is there a need to review the employment in the legislature
structure or not? caucus in Gauteng and
withdrew her acceptance
3.3.3.1.5 Youth Desk letter. We therefore delayed the
appointment of an incumbent
The 2010 Central Committee on the understanding that this
endorsed the NUM President’s position needed a rounded
proposal to establish a youth cadre who should understand
desk which would help the both the issues of young people
organisation to coordinate and and those of women. At the time
understand the youth challenges of writing this report we were at
and formulate responses thereto. an advanced stage to appoint
We reported progress in the an experienced comrade who
subsequent Central Committee also worked in this field within the
in 2011 and hoped that we would broader labour movement.
have appointed an incumbent in
the position by November 2011.

033 Secretariat Report to the 14th National Congress 2012.

We launched the Youth Forum in Committee which would work
September 2011 with the following on the preparations towards the
comrades who were elected to Youth Summit sometime in 2012.
serve in the Interim Co-ordinating

3.3.3.2.1 Youth Forum Regional Representatives

Name and Surname Region Gender

1.Vuyo Bangani Carletonville Male
2.Vuyisa Konzani Eastern Cape Male
3. David Mosesi Free State Male
4.Tshilidzi Mathava Highveld Male
5. Lebogang Sehong Kimberley Male
6. Zithulele Zungu KZN Male
7. Keorapetse Moabalebelo Matlosana Female
8. Pace Maloma North East Male
9. Mzwandile Msindwana PWV Male
10. Nene Malepe Rustenburg Female
11. Sonwabile Fisa Western Cape Male

The NUM is committed to ensuring I. High impatience and
that there is representativity in intolerance of other people’s
terms of the gender balance of views;
this forum; the aim is to have a
minimum 50:50 split. II. Demand for quick results on their
demands without appreciating
The NEC will develop guidelines difficult and at times complex
which will be used to guide our processes including strategies
youth when engaging in this very and tactics of engagements;
complex political environment.
As reported in the 2011 Central III. Claims of knowledge based on
Committee, the decision to levels of literacy but which have
establish the Youth Forum took not been practically tested;
cognizance of the fact that our
membership base is increasingly IV. High levels of aspirations for
becoming younger. We reported power and leadership, or
that about 54% of our members moving to other rival unions if
are between the ages of 19 and they are not elected into
41 years old. leadership positions

The young people today have V. Quick to make allegations
characteristics that have to be and accusations without
managed maturely. They include proper communication and
the following: understanding of issues.

034 Secretariat Report to the 14th National Congress 2012.

3.3.3.1.5.1 Functions of the employment equity and skills
NUM Youth Forum
development plans are
• We need to ensure that the
Youth Forum is a progressive, adhered to.
effective and efficient platform
for youth development; 3.3.3.1.5.2 The age bracket
determining
• Monitor the implementation qualification to
of the NUM youth development be covered
strategy that should incorporate under the
and respond to challenges Youth Forum
faced by young workers in the
three sectors within which Members who are between the
the NUM is organising. The ages of 18 and 35 fall into the
canvasing and implementation category of young members
of the strategy should form a and would be covered by
programme of campaigns the programme of the NUM
and bargained with employers Youth Forum. This would not
in these sectors; mean that the union has two
tier membership system, i.e.
• The forum would focus on one covering young people
advocacy and campaigns on and the other covering older
youth issues and transformation; members. The NUM has a
single membership system
• Recruit and educate young where all members account
workers about NUM, COSATU, to one constitution, one set of
ANCYL and YCL SA; resolutions and the established
structures in terms of the NUM
• Work with JB Marks on constitution. The formation
marketing, distribution and of the Youth Forum and the
return to the fund of JB Marks development of a youth forum
bursary forms; programme will be done to
support the overall work of the
• Through the branch/regional union and not in parallel or
committees ensure accessibility opposing the overall direction
of company bursaries or study of the union.
loans by correct and deserving
students; 3.3.3.1.5.3 Levels of the NUM
Youth Forum
• Work with employers, NYDA,
South African Youth Council We propose two levels of the
and Municipality youth offices NUM Youth Forum; the national
for youth development level Youth Forum which would
programmes; receive direct support and
guidance from the NEC and
• Work with employers, the other at the regional level
organisations such as Love which we would set up with
Life and HIV/Aids councils on the assistance of the national
teenage pregnancy, family Youth Forum and receive
planning and HIV/Aids direct support, supervision and
programmes; guidance form the Regional
Committee.
• Through the branch/regional
committees ensure that

035 Secretariat Report to the 14th National Congress 2012.

The regional co-coordinating one of the critical pillars of our
team will replicate the national campaigns. We organised one
one with four coordinating of the best attended strikes
team members. on safety in the history of the
mining sector in South Africa
3.3.3.1.5.4 NUM Youth Forum on October 4, 2011. Whether
Supporting the employers were part of the
structures/units march or not was immaterial.
It was a case of if they couldn’t
Although the Women and beat us then they had to join us.
Youth appointed co-ordinator
would report to the production We have to take note that
pillar head, the Youth Forum the number of fatalities has
would work very closely with the dropped and over the years
educationunitandprogrammes continues to drop gradually
of the Youth Forum would be albeit at a slow pace. We
supported by the Education, believe even one dead
Sub-Committee of the NEC and miner is one too many! We
Regional Committee. appreciate initiatives taken by
Anglo American in partnership
3.3.3.1.5.5 Meetings of the with the NUM regarding
Youth Forum mechanisms to bring down
the number of fatalities in its
The Youth Forum Co-ordinating operations.
Team/ Steering Committee will
have at least five meetings However, we must take the
per annum which would safety issues to new heights.
be budgeted for under the We must go back to basics
Production Pillar. in arguing that the most
critical challenge facing
The regional Youth Forum will us is to understand the
have at least four meetings statistical levels of incidents,
per annum per region and the the nature of incidents
budget for the forum would and the reporting thereof.
be managed by the specific Members must understand
region. risks associated with those
incidents and the turnaround
3.3.3.1.5.6 The budget time for accounting officers to
address them. We should be
The budget for both the asking whether the manner in
national and regional Youth which incidents are reported
Forums would cover transport, helps the industries to respond
accommodation, workshops, effectively in managing the
food and the research risks identified from the analysis
and development of policy of the reported incidents.
intervention.
Historically, it has been proven
3.3.3.1 Health & Safety (H & S) that out of 1,000 incidents
which take place and are not
The Health & Safety Committee addressed in time there will
is chaired by Peter Bailey. The be 100 accidents, 10 of which
health and safety work remains

036 Secretariat Report to the 14th National Congress 2012.

could be serious resulting in 1 streets but also created space
fatal accident in each case. for us to engage strategically
The following scale illustrates on policy direction resulting in
this point plainly: the amendment of the Mines
Health and Safety Act between
• For every 1,000 incidents 2008 and 2009. Despite the
reported but not addressed, employer’s threats to cut off
a 100 accidents occur labour, the enforcement of
Section 54 of the Act coupled
• For every 100 accidents that with the stricter imposition of
take place, 10 are serious fines on employers is beginning
to pay off. These campaigns
• For every 10 serious have resulted in the bosses
accidents, one is fatal taking our concerns on safety
seriously.
This therefore means that the
most effective way of bringing Our regions responded very
down accidents is to pay a well to the NUM President’s
high level of attention to the call to embark on regional
incident reporting system and and national protest marches
the response to the reported immediately after the Central
incidents. We receive reports Committee meeting in June
from our structures that fatal 2011. Ten regions organised
accidents are always preceded their protest marches except
by similar accidents. North East which by agreement
participated only in the national
In July 2009, about two march. However, the intensity
months after our National of mobilisation for the protest
Congress, nine workers were marches and participation by
killed at Impala Platinum in our members varied from region
the Rustenburg operations. to region. But we note that these
We have continued to witness protest marches highlighted
a number of fatal accidents to the highest degree possible
thereafter at our workplaces issues of safety in our workplaces.
albeit on a reduced scale.
We have taken health and Status Report on the Mine
safety very seriously during the Health and Safety Council
year under review and have (MHSC) Award Scheme
revived our campaign modes.
It is heartening to note that The committee is created by
our regions have responded the MHSA through section 43
positively to our call to and 44 of this Act. Its duties are
mobilise against fatalities in the following:
our workplaces.
• Advise the Minister on health
Our national strikes in 2006 and & safety matters in the mines;
2011 respectively on health and
safety issues triggered national • Co-ordinate the activities of
and international messages its committees;
of support. Our campaign
has not only taken us to the • Liaise with other statutory
bodies concerning matters

037 Secretariat Report to the 14th National Congress 2012.

relating to health and safety 3.3.3.2.1 The Anglo Tripartite
in the industry; Steering Group

• Promote a culture of health The Anglo and NUM health
and safety awareness in the and safety summit held in
industry; 2008 identified six task areas
to improve health and safety
• Arrange/coordinate a in the company’s operations:
bi-annual summit;
• Bonuses and alignment - the
• Perform every duty required impact of bonuses on health
by the Act. and safety of workers;

The MHSC consists of • Capacity building and
representatives from the training of health and
state, employers and labour. safety reps;
Representation from labour is
divided amongst representatives • Organisational culture;
of the NUM and UASA and
this is replicated in other • Company standard
MHSC committees e.g. Mining procedure and code of
Regulatory Advisory Committee practices that impact of
(MRAC), Mining Occupational health and safety;
Health Advisory Committee
(MOHAC) and Safety in Mines • Visible and felt leadership;
Research Advisory Committee
(SIMRAC). • Stakeholder engagement
and relationships.
The following mines achieved
the MHSC safety awards: Out of the six areas
identified, four task teams
• Alexcor –two thousand fatality were established. The teams
free production shifts on 2 distilled the information from
June 2011 the international study tour,
experiencesandbestpractices
• Impala Platinum 20 Shaft – into a common Declared
1 million fatality free shifts on Future for Anglo American,
3 June 2011 and in time, the South African
mining industry. The theme
• Kopanang Mine - 1 million of the task teams’ work is “to
fatality free shifts on 3 June 2011 develop breakthrough actions
to make a goal of Zero Harm
• Modikwa Platinum - 8 million achievable and sustainable”.
fatality free shifts on 21 June 2011
The following task teams’ focus
• Bafokeng Rasimone Platinum - on the underlined actions:
1 million fatality free shifts on
22 June 2011 a. Stakeholder engagement
(Convened by Mziwakhe
• Sedibeng Diamonds - Nhlapo – NUM)
8 thousand fatality free shifts
on 24 June 2011 b. Capacity Building
(Convened by Abe
• Goedehoop Colliery – Thebyane- Anglo Platinum)
2 thousand fatality free shifts
on the 24 June 2011 c. Extended Visible Felt Leadership
(Convened by Philip
Williamson – Anglo Coal)

038 Secretariat Report to the 14th National Congress 2012.

d. Aligned Approach to • Standard operating procedures
Standards (Convened by o wned by all parties and
Noel Williams) jointly applied and reviewed

e. Health & Wellness (Convened • No non-standard workplaces
by Charles Mbekeni)
• Investigation and analysis of
The following campaign incidents – no repeats
elements will inform the
Declared Future for Anglo • Regular feedback on, and
American Operations in South implementation of, industry
Africa in 2010: best practice

• Zero facilities • Aligned incentives to safety
goals
• Zero LTIs (Lost Time Injuries)
• Skilled and motivated workforce
• Visible felt leadership
• Capacity in place in all
• Dignity, care, and respect for stakeholders
workers and communities
• Responsible corporate citizen
• Management, workers, unions,
supervisors and contractors At the time this report is read
at one for the National Congress a
training programme for health
• Broad stakeholder engagement and safety representatives
on all aspects of health and would have been launched.
safety

The table indicates the number of fatalities from 2000-2011

Fatalities

Gold 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Coal 172 179 172 149 109 105 114 114 85 81 62 51
Platinum 31 19 21 24 20 16 20 15 20 18 12 12
Other Mines 45 49 53 58 65 47 40 53 36 41 34 37
TOTAL 34 38 44 40 53 32 26 38 29 28 19 23
DMR Statts 282 285 290 271 247 200 200 220 170 168 127 123

The table indicates the number of fatalities from 2000-2011

Injuries

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Gold 3548 3367 3276 3074 2859 2334 2315 2272 1937 1751 1376 1497

Coal 219 179 161 187 187 181 266 205 331 295 272 240

Platinum 634 797 661 741 898 1155 1344 1227 1209 1294 1514 1254

Other Mines 334 383 351 298 317 309 255 263 257 300 271 275

TOTAL 4735 4726 4449 4300 4261 3979 4180 3967 3734 3640 3433 3266
DMR Statts

039 Secretariat Report to the 14th National Congress 2012.

Gold, Coal, Platinum and Other Miness: Actual Fatalities 200 -2011

DMR Statts

Gold, Coal, Platinum and Other Miness: Actual Injuries 200 -2011

DMR Statts

040 Secretariat Report to the 14th National Congress 2012.

3.3.3.2.2 Compensation
training manual

Differences between ODMWA and COIDA

Cover ODMWA COIDA

Follow-up of ex- (administered by Dept of Health) (administered by Dept of Labour)
employees Mining related occupational lung
Low-fence for diseases Accidents and occupational diseases
compensable only (mining and industry) except for
lung disease Biennial and free that covered by ODMWA (miners only).
Maximum
earnings for Nil
calculation of
benefit 65% lung function (i.e. 35% loss) 80% lung function (i.e. 20% loss)
Lump sum
benefits paid R2,354 – R2,500 R 261,893 per annum as from
1st April 2010
Min
First degree: R47,000 (Max) › 30% disability = % disability/30 * 15 *
Max salary pm

Pensions Second degree: R105,000 (Max) ‹ 30% disability = (0.75 * salary pm)*
Medical costs %disability (pension for life)

Funeral costs Not paid Pension paid for life
Post mortem
benefits Life-long costs, paid by owner of Maximum of two years costs, paid by
mine, for occupational lung disease the COIDA fund
diagnosed in service

Nil R12,000 (Max)

Routinely provided for and free. Not provided routinely. Compensated
Compensation paid, irrespective of only if occupational disease caused
cause of death death

We have developed a comprehensive • Benefits payable for diseases and
compensation educational manual in accidents and disabilities;
2010 for leaders and organisers. This is
a tool to be used by all persons dealing • Relevant sections of the Acts;
with compensable occupational injuries
and diseases, and cover the following • A Guidebook for occupational injuries;
issues:
• Compensation for deceased miners
• Types of disabilities and sections and ex-miners.
of the Acts followed on claims for
such disabilities;

041 Secretariat Report to the 14th National Congress 2012.

3.3.3.2.3 Capacity Building

The priority is developing capacity amongst our leadership at national, regional and
branch levels.

Participants at the IHRG training that focused predominantly on the construction sector. Health
and safety reps with their certificates

I. Two national workshops on CCOD, MBOD and NIOH – this
compensation were conducted group of stakeholders also
which included other stakeholders. presented at various workshops.
They also addressed the
The main objective of inviting challenges we face with regard
other affected organisations to ODMW Act and lung diseases
was to highlight the fact that in the mining sector. They also
this is not only a workers issue: made inputs on the impact the
employers and government are Act has on their operations.
also negatively affected by the
compensation system. II. Three national workshops
on compensation were held
RMA, DOL and FEMA– this group during the last three years; the
of stakeholders presented participants were mostly regional
at different NUM workshops leaders and newly elected
(national and regional). As health and safety leaders. This
much as they were introducing initiative assisted in getting a new
how they administer the COID perspective on people who have
Act, they also made significant never had previous encounters
input on the challenges that they with the compensation systems.
are faced with the law. These Through the workshops they
organisations also provided input could provide input on how we
on the positive or negative impact can improve on it.
of the Act on their operations.

042 Secretariat Report to the 14th National Congress 2012.

III. One day’s compensation hopefully through this interaction
workshops were held at every we will get to a position where we
regional health and safety have drawn a broader experience
workshop and a better understanding of
how the regions are intervening
Each region ideally should in this matter.
have two regional health and
safety workshops each year and

National training Regional training Accredited training

+-85 shop stewards trained at +-250 trained compared to 163 40 paralegals, organisers, legal,
EMBTC in 2008 benefits and H & S unit attended
the training on the 7th to 11th
Dec 2009

Total trained for 2009 375

Our training programmes were intensive while at the same time we managed to train more leaders
as indicated in the table above.

IV. Information gathered from of action as to how we
all these engagements with intensify implementation of the
leadership and NUM officials will recommendations. We should
result in the development of a also work out an effective roll out
NUM aligned draft policy but most programme to other regional/
importantly a recommendation provincial structures and relevant
for the Compensation Indaba stakeholders throughout the
to be held in order to influence country. This should be in line with
legislative change. The indaba the influence being intensified at
will involve most of the COSATU tri-partite structures that the NUM
affiliates and the administrators of and all parties concerned are
the funds on compensable injuries participating in.
and diseases i.e. RMA, DOL, MBOD,
CCOD, CF. This would ideally involve It is in this light that we would like to
some of the leading or influential reemphasise the NUM resolution from
stakeholders within the business the 2006 congress that stipulated that
and government sectors. the two laws, (COIDA and ODMWA)
be merged into one comprehensive
V. The compensation indaba would compensation legislation for the
have to highlight the importance of country.
the recommendations taken at all
workshops and get to interrogate The number of cases reported for
at a much more senior level. It will occupational lung diseases at the
also attempt to get a buy-in from National Institute for Occupational
the federation on the changes we Health has been on a steady decline
envisage should be taken with regard to about 20% per annum. Also, the
to the failing of the compensation submission of x-rays by the mines has
system to our members and the been decreasing. Seemingly there
working class in general. is a lot that still needs to be done in
terms of advocacy by all stakeholders
VI. From the indaba we should when it comes to occupational lung
have developed a programme diseases.

043 Secretariat Report to the 14th National Congress 2012.

NB: over 1300 workers die from accidently went through his left
occupational lung diseases every eye. But because there was no
year and their pay-out does not visible bleeding, he was forced to
consider the cause of death as an sit until the shift was done in order
occupational disease. to get medical care.

3.3.3.2.4 Practical case Above ground, eye drops were
on COIDA claim the only medical care that he
by a mineworker received when he finally got to
the medical station. After months
Compensation of workers always with an itching eye he was finally
becomes a marathon when it sent to a proper hospital where it
comes to the payment of what is was diagonised that the damage
due to workers by companies. The had been done. He went through
NUM achieved a major victory in the a number of operations but
epic case involving Hlokomelang unfortunately lost sight in both
Mohapi and Evander Gold Mines. eyes. Cde Mohapi is today blind
as a result of a mine accident.
Mohapi was eventually awarded
100% permanent disability after “After 12 long years of battle with
his claim had been continuously the Rand Mutual Assurance in
rejected for almost 11 years. After his proving that he was injured on duty
`day in court’ Mohapi paid a visit and through the National Union
to the NUM Head Office, to humbly of Mineworker’s health and safety
say “thank you” to the organisation unit’s commitment in assisting its
after many years of struggle. members at all costs, Mohapi was
finally awarded 100% permanent
He was employed by Evander disability.”
gold mine from 15 October 1996
but unfortunately within four He will now be receiving a pension
months of employment he had for life as he is unable to work. His
an accident that left him blind. lump sum payment was back
Whilst underground, mesh wire dated to 1998 when the case was
first reported to the RMA.

Hlokomelang David Mohapi on his visit to the NUM Head Office after the success of his claim.

044 Secretariat Report to the 14th National Congress 2012.

3.3.3.2.5 Awareness government institutions were invited
Campaigns to participate in the campaign:

In 2010 we embarked on another • National Institute for
ambitious mission to reach out Occupational Health (NIOH)
to as many workers as we could
with regard to the dissemination of • Medical Bureau for
information. This process was meant Occupational Health
to reach out to communities, NUM (MBOD)
members and any other interested
members of society. • Compensation Commissioner
for Occupational Diseases
The pilot awareness campaign was (CCOD)
started in our Carletonville region
at Anglo-Gold Ashanti’s Mponeng • Department of Labour
mine operations. The following (Compensation Fund)

• Rand Mutual Assurance (RMA)

Stalls that were established for the departments at the awareness campaign

One of the main intentions of affecting mine output. This is an
taking the awareness campaign indication that in collaboration
to mine hostels was to reach out to with all stakeholders we can be
workers who were on their way to able to reach out to as many
and from work without negatively workers as practically possible.

Members on their way to work but we ensured they would still get the information they needed.

045 Secretariat Report to the 14th National Congress 2012.

Statistics on occupational lung diseases

JANUARY FEBUARY MARCH APRIL MAY JUNE TOTAL
78 72 0 53 115 12 330
4 5 0 3 4 0 16
0 0 0 0 1 0 1
0 0 0 0 0 0 0
3 1 0 2 1 0 7
0 2 0 2 2 0 6
15 10 0 5 14 0 44
22 7 1 9 14 6 59
0 0 0 0 0 0 0
0 0 0 1 0 0 1
36 19 0 15 23 2 95
1 1 0 0 0 0 2
13 2 0 2 4 1 22
2 0 0 1 0 0 3
1 0 0 1 4 0 6
2 1 0 2 9 0 14
2 1 0 4 0 1 8
1 0 0 1 1 0 3
5 3 0 4 3 0 15
185 124 1 105 195 22 632

046 Secretariat Report to the 14th National Congress 2012.

Below are the tabular findings with regard to the reported cases for occupational lung
diseases for the past 7 years

FINDINGS 2004 2005 2006 2007 2009 2010 TOTAL
NCD 420 237 0 0 991 651 3119
2T 270 90 0 0 403 238 1368
TONLY 65 57 0 54 40 274
Tcant 32 11 0 0 44 18 142
TB as Before 0 0 0 0 166 124 423
1st ASB P +I 0 0 0 0 0 0 0
1st T 0 0 0 0 0 2 4
1Sil 15 13 0 17 15 77
1Oad 3 7 0 0 4 4 27
1Asb 21 10 0 0 21 18 80
1Oad+Sil 2 2 0 0 2 0 7
1st CWP +OAD 0 0 0 0 0 0 1
1st Cwp 0 1 0 0 0 1
1st as before 0 0 0 0 293 79 467
2ASB 1 7 0 0 0 10 19
2ASB Ca 15 9 0 28 24 90
2nd ASB+(P+I) 0 0 0 0 2 10 16
2nd ASB CA+T 0 0 0 0 28 24 53
2nd T+Sil 102 30 0 0 69 63 329
2nd ASB + T 0 0 0 0 20 6 32
2nd T+OAD 0 0 0 0 4 0 5
2nd T+Sil+OAD 0 0 0 0 0 0 1
2ASB M 18 2 0 0 33 22 86
2Oad+Sil 3 2 0 0 0 0 6
2OAD 3 1 0 0 1 7 13
Defer 64 8 0 0 44 32 175
TOTAL 1034 487 0 0 2224 1387 6815

There has been a steady incorporated the education
decline with regard to the of occupational health within
reporting of occupational lung their induction processes.
diseases for the past 10 years.
The awareness levels have The other challenge that we
been very low and this can be are faced with is that there
attributed to the fact that the are mines that are still not
mines do not seem to have submitting lungs of deceased

047 Secretariat Report to the 14th National Congress 2012.

workers to the NIOH. These It is our contention that the
mines should be reported to number of autopsies received
the DMR and other relevant by the NIOH has been
monitoring and enforcement declining due to low levels of
institutions. awareness among workers
and their dependents.

Numbers of autopsy cases received at NIOH, 1975 - 2010

Even though the number of tuberculosis in black miners
reported cases has drastically between 1975 and 2010.
declined, it is evident that there
is an increase in the diagnosis The two graphs below show this
of silicosis in gold mines trend of increasing detection as
and other active pulmonary sourced from the NIOH report:

Silicosis at autopsy in gold miners, 1975-2010

048 Secretariat Report to the 14th National Congress 2012.

Active pulmonary tuberculosis in Black miners at autopsy, all
commodities, 1975 - 2010

Integration of ODMWA and COIDA impact across the board, including industries
and the government.
The NUM at its 2006 national congress adopted
a resolution to demand that the COID Act and The process will unfold in various fora
ODMW Act be integrated into one compensation including compensation Indabas and other
system. That resolution still stands. initiatives by industries and government. The
NUM should then intensify the processes in
Through various engagements with different order to ensure that integration is effected no
stakeholders it has been established that later than the end of 2013 or the beginning
this is not only a NUM issue but has negative of 2014.

Statistics in the Construction Sector from 2009 to 2011

ALL REGIONS % # of Fatality Permanent Permanent Lost Days Average
CAUSES Accidents Accidents Disabilities Disabilities cost per
not resulting in Accident
resulting in Pensions
Pensions

2011 1.10 57 0 24 0 12 34,467
6.54 338 1 10 0 1,194 11,024
Accident type 0.48 25 1 00 189 31,197
n.E.C. 1.34 69 0 30 341 16,570
Caught
in,on,between
Contact with
electric current
Contact with
temp extremes

049 Secretariat Report to the 14th National Congress 2012.

Statistics in the Construction Sector from 2009 to 2011 (2011-2010)

ALL REGIONS % # of Fatality Permanent Permanent Lost Days Average
CAUSES Accidents Accidents Disabilities Disabilities cost per
not resulting in 3,827 Accident
Fall on to different 12.55 648 2 resulting in Pensions
levels Pensions 384 22,877
Fall on to same level 4.36 225 1 1 10
Inhalation, absorptn, 0.99 51 0 19 9,395
ingestn 0 2,063 4,743
Motor vehicle 12.66 654 19 3 0
accident 0 912 34,422
Slip or over-exertion 8.56 442 0 3 1,020
Striking against 11.15 576 1 16 4,391 8,204
Struck by 40.19 2,076 5 0 0 6,771
Unclassified-not suff. 0.08 4 1 1 0 13,713
Data 12 2 14,343 2,578
100% 5,165 31 40 1
2010 0 428 16,130
1.85 167 3 7 5,892
Accident type n.E.C. 7.39 669 1 128 32,042
Caught 1 528 14,019
in,on,between 0.52 47 1 67 4
Contact with electrc 68 860 60,518
current 1.49 135 1 0
Contact with temp 6 17,840 16,409
extremes 12.92 1,169 9 0
Fall on to different 6 3,715 33,689
levels 5.60 507 1 6 86
Fall on to same level 0.99 90 2 73 9,390
Inhalation, absorptn, 0 11,335 20,960
ingestn 10.86 983 63 17 0
Motor vehicle 2 3,027 54,358
accident 7.37 667 0 10 4,390
Slip or over-exertion 11.08 1,003 1 45 18,208 9,218
Striking against 39.89 3,610 10 0 54 6,668
Struck by 0.03 3 0 17 0 66,363 8,669
Unclassified-not suff. 28 2 8,594
Data 100% 9,050 92 121 0
0 18,056
23
450

050 Secretariat Report to the 14th National Congress 2012.