• Introduction and Background
• Developments since the 2014 February CEC
• A need for a discussion regarding discipline of our unions and leaders
• Reaffirming the commitment to convene the Special National Congress
• Relevant COSATU Constitutional Prescripts to be considered
• Work plan towards the Special National Congress
_____
5 December 2014
Preparations towards the COSATU Special National Congress
Second Report by the COSATU President
Introduction
This is a second report on the preparations towards the Special National
Congress. It follows from the one which was presented at the 2013 November
CEC and it also follows from a number of deliberations which took place in
all the CECs which followed the 2013 November CEC up to 2014 February CEC.
This report was supposed to have been presented in the Special Central
Executive Committee meeting held on the 8th April 2014 which was adjourned
and whose agenda items included the President’s report on the Special
National Congress. It became part of the agenda items which were put in
abeyance to allow for the ANC Task Team intervention process.
The report was also prepared for the May CEC scheduled from 26th to 28th May
2014 but still could not be tabled.
Background
This report dates back to the 2013 September CEC which received a request
from 9 affiliates for a Special National Congress and agreed to have this
matter handled in terms of the constitution which gives the President
responsibility to consider the request.
On amongst others the 2013 September CEC agreed that when the president
considers the requests he should consider practicalities of convening a
congress which include among others costs and resources, timing of the
Congress, the state of readiness of the affiliates and the objectives of the
congress.
In the 2013 November CEC the president reported on these practicalities of
convening a congress. This CEC meeting engaged on the president’s report
agreeing on the constitutionality of convening the Special Congress but
could not agree on the rest of the items which included on among others the
agenda and date for the Special National Congress.
It was agreed to have this matter deferred to a meeting of NOBs and
affiliates’ presidents and general secretaries, then to the Special CEC, and
if the matter remained unresolved it was to be taken to the scheduled
February 2014 CEC. See the minutes of the 2013 November CEC.
Indeed a special CEC was convened on the 10th February 2014 and it received
a report on the developments since the 2013 November CEC.
Each and every COSATU union present at the 10th February 2014 Special CEC
presented its position on the call for the Special National Congress
regarding its timing, agenda and objectives, union’s readiness and resources
and funding.
In summary, on among others, the majority of the unions did not agree with
the objectives for which the Special Congress was being requested, they
indicated that they had other programmes scheduled throughout the year, that
2014 was the year of the Central Committee preceding the National Congress
where the issues identified as reasons for convening the Special Congress
could be addressed.
Based on these reasons the 10th February Special CEC declined the request
for a Special National Congress.
This CEC did so having noted the report presented by the President and with
a clear understanding of the constitutional directive on the matter.
All what was presented and which led to a decision to decline the request
were the practical limitations confronted by a majority of unions to have
such a Special National Congress being convened.
These reasons are contained in the minutes of the Special CEC held on the
10th February 2014.
The ordinary CEC which was held from the 24th – 26th February 2014 further
noted a report presented by the president in the 2013 November CEC which
affirmed the constitutionality of how the Special National Congress was
being convened and the practicalities which were to be considered if such a
Special Congress was to be convened.
It must be repeated that these practicalities include among others costs and
resources, timing of the Congress, the state of readiness of the affiliates
and the objectives of the congress.
This CEC which was held from the 24th -26th February 2014 debated the matter
until it was subjected to a vote based on the following motions:
a. Motion 1: The president has failed to convene the Special National
Congress in terms of the constitution and that CEC should appoint or elect
comrade Attwell Nazo as a convenor”.
Moved by FAWU and was seconded by SAMWU /NUMSA
b. Motion 2: The president has not failed to convene the Special
National Congress in terms of the constitution and that he should be allowed
to present his final report in the Special CEC.
Moved by NEHAWU and seconded by SATAWU
The voting results showed that one delegate voted in favour of a motion
which said that “the president had failed to convene the Special National
Congress and that CEC should appoint or elect comrade Attwell Nazo as a
convenor”.
31 delegates voted in favour of a motion which said that “the president has
not failed to convene the Special National Congress in terms of the
constitution and that he should be allowed to present his final report in
the Special CEC.”
Therefore the meeting agreed that the COSATU President had not failed to
convene the Special Congress. Instead all the deliberations which were
taking place regarding the Special National Congress were proceeding on the
bases of a report presented by him in the previous CEC. It was then agreed
that the President having considered all the deliberations and decisions by
the CEC, should be afforded an opportunity in the Special CEC to give his
final decision on the matter.
Developments since the 2014 February CEC
Attacks directed at the NOB Collective and the Court Papers Served on COSATU
It is disturbing to report that the federation and the COSATU president have
been served with court papers alleging that the president has failed to
convene the Special National Congress. These court papers have been served
to the federation despite the fact that all unions saw the agenda of the 8th
April Special CEC which included the item on the President’s report
regarding the convening of the Special National Congress.
These court papers were also served despite the fact that the matter about
the convening of a Special Congress was discussed in the 2014 February CEC.
This matter was subjected to a vote and the voting results confirmed that
the President of COSATU had not failed to convene the Special National
Congress and that he was to present his final report to the Special CEC.
Not only have the federation and the President been served with the court
papers but we have also suffered attacks directed at the COSATU NOB
collective with others being exclusively targeted.
In the process both the names of those leaders and the name of the
federation got tarnished.
All this has happened despite the decisions of the CEC instructing our
structures to desist from undermining the decisions of constitutional
structures, taking internal differences to the media and from engaging in
disruptive activities. As a result of this COSATU has been deliberately
presented to the public as a movement at war with itself.
Some media houses are conspicuously part of this campaign and their role is
to ensure skewed publicity for this negative campaign to get widely
published and to have its message repeated until society accepts it as the
only truth!
In the process the federation’s message gets cut off, systematically muted,
misquoted, distorted and openly shut off.
Whilst this may appear as serving this disruptive campaign but clearly its
broad strategic objective is to create an organisational and political
platform which has been calculated to dislodge the revolutionary forces
which include the SACP, ANC and COSATU.
These attacks have continued and remained sustained at the public level
despite the president having gone public to re-assure everyone that there
was no intention by himself or anyone to undermine the constitution and to
delay the convening of the Special National Congress.
In the letter sent to unions, the President emphasised the following and
continues to accentuate these even at this point:
a. That the COSATU Constitution is very clear on what is expected of
the COSATU President in executing his duties in terms of clause 3.3.2 of the
Constitution.
b. Commitment of the President and that of the NOB collective to
respect and uphold the COSATU Constitution at all times. This included the
commitment to implement the COSATU CEC decisions whenever one was directed
to do so.
c. It clarified the President’s understanding and that of the NOB
collective of the mandate that was given at the previous CEC and the
president remains committed to convene the Special National Congress as
directed to do so.
d. It reported progress on the preparatory work including the work that
was done in engaging the National Treasurer, comrade Freda Oosthuysen, to
determine the available resources to take the work forward. This included
the fact that some people had been approached for possible funding of the
Special National Congress.
e. The letter reported that the President was close to being in a
position to assess the nature of our resources and the need and extent for
additional funding for the convening of a Special National Congress.
f. It reported that work was already underway to enquire about the
availability of venues that were capable of accommodating the number of
delegates that normally attend a COSATU Congress, possible date, and the
number of days needed to hold such an event.
g. The letter also reminded affiliates that it was not the first time
that COSATU had to convene a Special National Congress. We pointed out that
there were issues that have to be considered when such a meeting has to be
convened. The September 2013 CEC highlighted some of them and these included
the fact that when the President issues a notice for such a Congress, the
notice must have an agenda, and deal with issues like the venue, times,
dates etc.
h. It also noted that the Unions that have requested a Special National
Congress had advanced different reasons for their requests, and in the
circumstances, a process had to be undertaken to assess whether the relevant
Unions and other Unions could reach agreement on a common agenda for the
Congress. In addition, all previous National Congress have had a theme,
reports, resolutions, details of credentials etc.
i. The letter clarified that for all these issues to be properly
considered and implemented would require input from the Affiliates through
the Central Executive Committee.
j. The letter emphasised that the COSATU President, had no intention
or interest to delay convening a Special National Congress.
k. It clarified that as part preparing towards the Special Congress the
president would be asking the Unions for relevant information relating to
their readiness for the Special National Congress in line with our standard
past practice in preparation for a National Congress, and as per the
directive of the September 2013 CEC.
A need for a discussion regarding discipline of our unions and leaders
The CEC will definitely need to have a deeper discussion about the
discipline of our unions and leaders. It cannot be left unattended. If we do
so we may create precedents for similar negative campaigning and incidents
in the future. Discipline is a mar or make of any organisation!
This matter must also be discussed because if left unattended we may find
ourselves allowing a culture to be imposed on the federation.
The fact of the matter is that we now have a section of our unions which in
the name of a call for a Special National Congress have formed themselves
into another organisation inside COSATU.
They have established their own vision, goals and objectives, they recruit
their own membership based on this strategic intent, and they have developed
their own modus operandi which includes convening their own exclusive
meetings and developing and funding their own programmes which includes
openly working to divide the membership.
All this is done outside the federation and in opposition to the federation.
The question which this CEC should ask as we attend to the preparations
towards the Special Congress is why these unions should continue to be
regarded as affiliates of COSATU when they can blatantly act to openly
undermine the federation and its leadership collective.
The Eastern Cape has become a stronghold and the launching ground of this
campaign. As we speak it has become an acceptable fact that the NOBs could
not address COSATU structures without the meeting being disrupted through
insults and singing and demanding the convening of a Special National
Congress. For the first time in history there are no go areas for COSATU
leaders deliberately created by our own unions.
If this alien behaviour is not corrected by the CEC, we can all rest assured
that a new trend will emerge in COSATU which will be characterised by having
no go areas for some serving leaders, there will be a total disregard for
democratic processes for as long as individuals and groupings know that they
have the capacity and resources to mount a campaign with the assistance of
the bourgeoisie media and some influential institutions and individuals who
have no interest of a united COSATU.
It will also mean that where the organisation cannot defend its leaders a
trend will emerge where leaders defend themselves as individuals using all
kinds of resources at their disposal.
The resultant effect of all this, will be that the constitutional structures
and its corresponding decisions will have no force and effect in the future,
thus raising a fundamental question as to why do we have constitutional
meetings and why do we continue to have COSATU or who else can take COSATU
serious if it cannot take itself serious.
This negative mobilisation towards a Special Congress continues and it must
be repeated that it also appears to be based on a mistaken belief that those
who requested a Special Congress are guaranteed to have it their way in the
congress. This belief includes waging and winning a battle at the congress
floor and it appears as if no thought is being made about the impact of a
possible counter offensive by other unions.
This means that there is a pre-occupation for victory by all means and at
all costs where no thought is given on what will be the impact of such an
action to the life of the federation. But instead there are known
preparations underway to effectively liquidate COSATU in case this scenario
is not realised.
The fact of the matter is that if this is not addressed by the CEC, it must
be repeated that it will not be COSATU that will be going to the Special
Congress as it had happened over the years when Special Congresses got
convened. Instead it is only those affiliates and leaders who saw it as
their victory that will be going to the Special Congress.
The danger with this approach is that it will rob the Special National
Congress of its potential to deal with real burning organisational issues
confronting the federation itself and strategic issues which confront the
workers and the working class struggles in general.
If this continues it also has a potential to rob the Special Congress of a
possibility to heal the divisions in the federation. Instead it may force
hardened positions amongst us which will leave the federation in the same
spot of deepened divisions even after the Special Congress.
The unions which have undertaken this campaign must come out to the open to
declare if they are still COSATU unions or not and if they are still COSATU
affiliates they should go public and apologise for their destructive actions
which practically put the name of the organisation into disrepute.
Reaffirming the commitment to convene the Special National Congress
The CEC must be assured that our eyes are focused on the Special National
Congress as duly requested. We therefore call on the CEC to avoid debating
the constitutionality of convening the Special Congress; such discussions
have been explored and exhausted.
The focus must now be on the operational issues which must facilitate the
actual sitting of the Special National Congress.
This report is therefore presented with one thing in mind – an intention to
convene the Special National Congress in terms of clause 3.3.2 which says
that “the President must call a special NC if not less than 1/3 of the
affiliates in good standing submit a written request to the General
Secretary for the attention of the President calling for the meeting.”
Let it be re-emphasised that once a matter is subjected to a COSATU
constitution or COSATU constitutional structures it becomes the property of
no single union or an exclusive group of unions but a matter for COSATU
which will be handled in accordance with COSATU constitution, principles,
policies, processes and procedures.
A request for a Special Congress is no exception. COSATU and not individual
affiliates or individual leaders will drive this process based on its own
rules and no other rules.
It must therefore be put clearly that the Special National Congress is a
COSATU Special National Congress and must be owned by the federation as a
whole. This includes its agenda and its objectives.
It is on the bases of this understanding that the following issues were
considered towards the convening of the Special National Congress.
Relevant COSATU Constitutional Prescripts to be considered
a. On convening the Special National Congress
Clause 3.3.2 says that the President must call a Special NC if the CEC
passes a resolution calling for the meeting; or if not less than 1/3 of the
affiliates in good standing submit a written request to the General
Secretary for the attention of the President calling for the meeting. This
means that the issue of whether the SNC will be convened is not in question.
Let it be re-emphasised that the President and the NOB collective respect
the constitution and there is a total commitment to convene the Special
National Congress.
b. The Agenda
What may have to be considered is the agenda for the SNC. Clause 3.3.2.3
says that the President decides on the notice period, but not less than 14
days written notice must be given to each affiliate and Clause 3.3.2.4 says
that an agenda must be attached to the notice. Connected to this, is clause
5.3.2 on Special meetings which says that the special meeting may only
discuss those issues which necessitated the calling of this meeting.
There are currently two sets of agenda items which were submitted by the
unions who had requested a Special National Congress. The first set is the
one which we said did not constitute a common agenda by affiliates who had
requested the SNC. The second one is a new revised set of items re-submitted
by all unions after the 2013 November CEC.
It must be noted that this revised set was submitted without withdrawing the
old set of items. This means that we come to this CEC with two sets of
agenda items.
In this context the CEC has a responsibility to discuss and agree on what
should be the items in the agenda for the Special National Congress.
Since this is now a matter in the hands of COSATU, it means that the CEC
must take responsibility of shaping the agenda and the corresponding
documentation that would go to the Special National Congress.
Clause 5.1 of COSATU constitution says that the Central Executive Committee
("CEC") manages the affairs of the Federation between meetings of the NC and
CC and has such powers and duties which customarily vest in an executive
body, which includes in relation to (among others) assisting the General
Secretary in the exercise of his/her duties and referring decisions having
major policy implications to the CC or NC.
This is proceeding from an understanding that there is an agreement about
this constitutional obligation. If there is no such, then clause 17 must
apply, which says that if there is any doubt as to the interpretation of any
provision of this Constitution then - the CEC may make an interim ruling;
and that the NC, by majority vote, must make the final ruling.
It must be emphasised that COSATU cannot convene a Congress to deepen
divisions but will do so to ensure that we build a united federation.
c. Proposed Theme
It will be impossible to propose the theme for the Special National Congress
in the absence of a common agenda.
d. Finances
Clause 12.2 says that the funds of the Federation must be applied solely in
furtherance of the Federation`s aims and objectives subject to the decision
of the NC, CC or the CEC and that the funds contributed for a specific
purpose must be used for that purpose and no other except as otherwise
decided by the CEC.
This means that the National office Bearers working with the CEC has a
responsibility to ensure that the Special National Congress is not convened
only to keep with the constitutional prescripts, but also that there is
value for the worker’s money that will be deployed in the convening of the
Special National Congress in terms of the quality of preparations, the
quality of inputs prepared for the Special National Congress and the
outcomes of the Special National Congress.
e. Date and Venue for the Special National Congress
Deciding on the date for the Special National Congress should be informed by
among others, that this is the year of the Central Committee. The other
consideration for the date will be the availability of venues.
It is proposed that the following date be considered for the Special
National Congress:
i. Date : The month of July 2015 - This will be a month
without significant activities such as 16th June, 27 April, 1st May, 7th
May, and will have to decide on the actual date based on the availability of
venues.
ii. Decisions of the Special CEC held on the 19th November
2014: The Special CEC held on the 19th November 2014 , have already agreed
that tentatively the Special National Congress be convened from the 13th to
the 16th July 2015 subject to the availability of the venue and the outcomes
of the Political process currently underway.
iii. The Special CEC noted that a normal National Congress
has been scheduled for 2015 and therefore further agreed that it did not
make economic and organisational sense to hold the Special national Congress
closer to the normal National Congress. In this context the next CEC will
discuss the possibility of bringing forward the Normal Congress and have it
to also integrate the agenda items which would have been intended for the
Special National Congress.
Work plan towards the Special National Congress
The work Plan will be informed by the following constitutional provisions
and other operational requirements as indicated by the September CEC and
reaffirmed by all subsequent CECs:
1. Clause 3.2.3.2 says that each affiliate must inform the General
Secretary (Acting General Secretary) [1]
<http://www.cosatu.org.za/show.php?ID=9815#1> of the Federation in writing
of the total number and the names of the delegates at least – one week
before a special congress.
2. The President decides on the notice period, but not less than 14
days written notice must be given to each affiliate and that an agenda must
be attached to the notice.
3. The state of Readiness by Affiliates which include the convening of
preparatory sessions.
4. Timely submission of draft resolutions and circulation of composite
resolutions.
If the date for the Special Congress is confirmed the following operational
items will be considered to develop work-plan towards the Special Congress.
Activity
Responsibility
Time lines
a. Circulation of the Notice for the Special Congress
NOBs
b. Issuing Invites
c. Possibility of a Special CEC , in preparations for the Special Congress
NOB
d. Submission of Draft Resolution by affiliates
Affiliates
Will be determined by the choice of a date for the Special Congress
e. Convening of the Resolutions Committee
NOBs
f. Appointing the Elections Management Service Provider in the case where
there will be elections
NOBs
g. Submission of delegates by Affiliates as per clause 3.2.3 which says that
each affiliate must inform the General Secretary of the Federation in
writing of the total number and the names of the delegates at least one week
before a special congress”
Affiliates
h. Circulation of the draft composite resolutions
Secretariat
i. Convening of the credentials committee
NOBs
j. Circulation of the credentials report to affiliates
NOBs
k. Circulation of Secretariat report to affiliates
NOB
l. Printing of documents
NOBs
m. Handing over of Congress packs to affiliates
NOBs
Conclusion
Everything has been done to ensure that a proper process is followed through
in the convening of the Special National Congress. Everything has been done
to follow all the constitutional provisions and to keep to all the required
operational pre-requisites towards the Special National Congress.
As we move towards the Special Congress we call on all affiliates to elevate
the primacy of the federation above all of us. All affiliates are expected
to observe the constitution and the code of conduct of the federation.
We will observe the conduct of leaders and members very closely during this
period and where we think we need to implement the code of conduct against a
certain leader and or affiliate we will not hesitate to do so.
No affiliate is expected to make media statements which will contradict the
decisions of the CEC with regard to the Special National Congress. No
concerns by affiliates or any leader should be raised in the media.
It is our understanding that this Special National Congress is not convened
to undermine the federation with regard to its constitution and it’s Code of
Conduct. Neither is this Special Congress convened to redirect the
federation towards a new ideological and political course.
We expect all our formations to ensure that upon the adoption of the plan
towards the congress all shall commence with preparation.
We repeat even that though it is specific affiliates who duly requested the
Special Congress but once the COSATU constitution becomes applicable the
whole process should be left on the hands of COSATU NOBs to take charge of
the process. In the process of executing their tasks the NOB collective must
be respected and supported.
We will soon issue a communiqué on the codes of conduct expected of all
affiliates and leaders during the period leading to and during the Special
Congress.
These discussions must be conducted informed by a simple understanding that
the reasons to convene a Special Congress is based on an understanding that
“frankly acknowledging a mistake, ascertaining the reasons for it, analysing
the conditions that have led up to it, and thrashing out the means of its
rectification - that is the hallmark of a serious party; that is how it
should perform its duties, and how it should educate and train its class,
and then the masses”.
Let the preparations towards the Special National Congress begin!
From: http://www.cosatu.org.za/show.php?ID=9815
--
--
You are subscribed. This footer can help you.
Please POST your comments to [email protected] or reply to this
message.
You can visit the group WEB SITE at
http://groups.google.com/group/yclsa-eom-forum for different delivery options,
pages, files and membership.
To UNSUBSCRIBE, please email [email protected] . You
don't have to put anything in the "Subject:" field. You don't have to put
anything in the message part. All you have to do is to send an e-mail to this
address (repeat): [email protected] .
---
You received this message because you are subscribed to the Google Groups
"YCLSA Discussion Forum" group.
To unsubscribe from this group and stop receiving emails from it, send an email
to [email protected].
For more options, visit https://groups.google.com/d/optout.
