THE WESTERN CAPE FARM WORKERS STRIKE AND SALIENT ISSUES TO TAKE NOTE OF PRESENTATION COMPILED AND PRESENTED BY: MOKUTULE JOE KGOBOKOE DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES TEL: FAX:

THE JULY 2010 HISTORIC NATIONAL VULNERABLE WORKERS SUMMIT IN THE WESTERN CAPE AND THE RESOLUTIONS ADOPTED CONTEXT AND OTHER PERSPECTIVES

Damning Human Rights Watch Report of 2011: Working conditions of Farm Workers in WC CONTEXT AND OTHER PERSPECTIVES

WESTERN CAPE PROVINCIAL DEPT OF AGRICULTURE What is the role of the established Farm Workers Unit? CONTEXT AND OTHER PERSPECTIVES

ABOUT DE DOORNS Small table grape farming area some 150km east of Cape Town Incorporates an information settlement with great number of foreigners from Lesotho and Zimbabwe – Seasonal Workers in the area High level of unemployment Glaring problems of poverty, unemployment and inequality Lack of Municipal Service Delivery

DE DOORNS FARM WORKERS STIKES 01 NOV 2013 Low Minimum Wage of R69-39 Poor Municipal Service Delivery Cost of Electricity Labour Brokers 20 other things in the MOD Application of Rent THE DEDOORNS FARM WORKERS STRIKES AND DOCUMENTED REASONS

FACILITATIVE ROLE OF BLACK ASSOCIATION FOR WINE AND SPIRITS INDUSTRY (BAWSI) Human Rights NGO Working on wine farms in the WC DAFF NGO DATABASE National Print Media Advert early in 2012

FACILITATIVE ROLE DURING STRIKES Constructive Engagement with Employer Calmness during the strikes Safety, Health, Security of farm workers Distributio n of food parcels Organizing of farm Workers

05 NOV st DAY BAWSI Farm Workers Farmers (Employer) DEADLOCKED 07 NOV nd DAY BAWSI CCMA Farm Workers Farmer (Employer) NGOs DEADLOCKED 09 NOV rd DAY Minister (observer) CCMA BAWSI Employer Official: DAFF Labour (observers) Others DEADLOCKED DEADLOCKED NEGOTIATIONS FACILITATD BY BAWSI AND CCMA

MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES INTERVENES ? R80 offer rejected Deadlocked negotiations of 05 th and 07 th Nov 2013 Blockading of N1/Looting Escalating Strikes and turning Violent Bad media Publicity Leadership Image of the country and sector Internationally Extra-ordinary situation requiring extra- ordinary Action

DATE AND PLACE OF NEGOTIATIONSCONTENT ELEMENTS OF NEGOTIATIONS OUTCOME Friday 09 November 2012 Kleinplaas, Worcester -CCMA: Facilitator Employer Standpoint: No mandate to negotiate wages for farm workers Wage negotiations be done on a farm basis The offer of R80 a day Standpoint of Farm Workers Offer of R80-00 a day not acceptable Negotiations on individual farm basis not acceptable Deadlock Saturday 10 th November 2012 Cape Sun Hotel, Cape Town Meeting facilitated by Minister DAFF Extended high level meeting COSATU, FAWU, Farm Workers Representatives, Dept of Labour, Provincial Dept of Agriculture, Commissioner of Police, AgriSA (WC), CCMA, AFASA, Dept Minister Trade and Industry and BAWSI Deadlock (Intransigence of the Employer) (No Mandate to negotiate wages for farm workers)

DATE AND PLACE OF NEGOTIATIONS CONTENT ELEMENTS OF NEGOTIATIONSOUTCOME Monday 12 th November 2012, DAFF Offices, Pretoria Meeting facilitated by Minister: DAFF Another high level meeting AgriSA (National)  NAFU  AFASA  TAU  Dept of Labour  DAFF  CCMA Possibility of wage offer so that farm workers could return to work Establishment of Inter-Ministerial Committee led by Labour Need for a new Sectoral Determination Tuesday 13 th November 2012, De Doorns Stadium Minister DAFF addresses approximately 7000 farm workers at the De Doorns stadium. Commended farm workers for standing for their rights and taking their future in their own hands Government was to initiate a new sectoral wage determination The address by Minister proved catalytic and indispensable Successfully brokered the impasse

DATE AND PLACE OF NEGOTIATIONSCONTENT ELEMENTS OF NEGOTIATIONS OUTCOME Call to desist from acts of violence With this address the farm workers agreed to end the strikes Wednesday 14 th November 2012, Imbizo Hall at Parliament Government Joint Press Conference Minister DAFF Acting Minister Labour Minister Trade and Industry FAWU Announcement of a possible review of the existing Sectoral wage determination of R Publishing of a notice to cancel the existing Sectoral determination Announcement to establish the Inter-Departmental Task Team on ethical trade With this announcement the farm workers strikes were suspended for two weeks

DEPRIVED AND STARVING FARM WORKERS Vicious circle Reports of hunger, starvation, intimidation, evictions by the NGOs working in the WC

7 500 food parcels distributed at the cost of R10.0 m Food parcels distributed to households at all areas affected by the strikes De Doorns Touws River Avian Park Grabouw Villiersdorp Franschoek Simonsdium Wellington Citrusdal Broodkraal Riebeck Kasteel DAFF INTERVENTION

Minister of Labour makes an announcement on 04 February 2013 on the revised Sectoral Determination of R105 Minimum Wage to be effective on 01 March JAN 2013 Good Christmas for Farm Workers Families RESUMPTION OF THE STRIKES

DIALOGE WITH THE FARMING SERCTOR FOR THE ADVANCEMENT OF SUSTAINABLE RURAL DEVELOPMENT AND SOCIAL COHESION 12 FEB 2013, VAL DE VIE, PAARL, WC GOVERNMENT Dep President of the Republic Minister: DAFF Minister: DRDLR Minsiter: DTI Dep Minister: DIRCO MEC: WC Provincial Department of Agriculture LABOUR COSATU & Members FAWU & Members BAWUSA & Members FARM WORKERS SA & Members FARM WORKERS Little over 1000 farm workers from all areas affected by Strikes (14h00-17h00) EMPLOYER AgriSA AgriSA (WC) AFASA TAU Unity Forum NAFU (09h00-13h00)

KEY DECISIONS AND PROGRESS TO-DATE KEY DECISIONPROGRESS 1.DAFF to facilitate the establishment of an Inter-Departmental Task Team on farm workers and farmers dialogue. Done. The first meeting of the Vulnerable Workers Delivery Forum is scheduled for Wednesday 20 th March 2013 at Fisheries Building (Foretrust Buildings), Cape Town 2.DAFF to lead in investigating the impact of the new Sectoral Determination Minimum wage of R105 per DAFF in consultation with NAMC, has come up with proposed options in dealing with this. Establishment of a fund where a tax percentage of the Wine and spirits may used towards wages. Fully fledged Study on the impact of the R105 (Industry to Industry).

KEY DECISIONS AND PROGRESS TO-DATE KEY DECISIONPROGRESS Wage Subsidy for Seasonal Workers (CEO Forum) Diesel rebate – Increase the rebate Electricity rebate – increase the rebate Application for exemption (Dept of Labour has to-date received 1500 applications for exemption) 3.Initiation of a NEDLAC process on the social compact and the facilitation of Government District Imbizos Work still at a preliminary stage. Meeting of 20 th March 2013 will give impetus to this 4.DTI to lead in the establishment of Ethical Trade DTI is currently working on this. There is a national summit planned for this year on this subject

LATEST DEVELOPMENTS Vulnerable Workers Delivery Forum Meeting on 20 th March 2013, WC Planned March by Farm Workers on 23 March 2013 in the WC Planned visit of the Deputy President to De Doorns