They're attacking Amcu because we are fighting for black workers – Mathunjwa

Association of Mineworkers and Construction Union (Amcu) President Joseph Mathunjwa said on Friday that plans to deregister the union are driven by those who do not want to see a “genuine” movement improve the lives of the black working class.

Mathunjwa did not provide details on who he believed was behind the attempts, but described a long history of the mining sector's influence over politicians and attempts to destabilise militant labour movements.

“The timing of deregistration of Amcu, you can see clearly there's a hand of white minority capital 'cause they're trying to protect their interests if we engage them in economic emancipation of our members in the platinum sector,” he said, referring to the upcoming wage negotiations in the platinum sector.

Mathunjwa accused Registrar of Labour Relations Lehlohonolo Molefe of targeting Amcu for deregistration while not having done the same regarding other unions who flouted their own constitutions or the Labour Relations Act (LRA).

“The registrar is inconsistent and unduly interfering in the affairs of Amcu. The inconsistency of the registrar when it comes to the deregistration of trade unions leaves a lot to be desired. There are numerous examples of trade unions and trade union federations who have contravened many prescriptions including financial submissions they were never deregistered or threatened with cancellation of registration,” he said.

“Instead he chooses to focus on Amcu. This is clearly a political agenda,” said Mathunjwa, who was speaking at a press conference in Kempton Park.

Mathunjwa said Amcu would meet Molefe on Tuesday and would seek advice from its lawyers on its legal options.

Molefe published a notice in the Government Gazette on Wednesday announcing plans to deregister Amcu for failing to adhere to its own constitution and meet the requirements of the LRA.

Molefe said Amcu's last national congress was held in January 2011 while a special congress was held in January 2013. “Since 2015 up to 2018, there have been numerous letters to Amcu requesting the date of their National Congress without success,” he said in a statement.

Molefe accused Amcu of offering excuses when asked when it would hold another national congress. In April, Amcu told the registrar it would hold a national congress in September 2019.

Molefe said he does not believe the union will be ready to hold its congress in September. Even if it does it would be in breach of its duty to inform members six months in advance, he claimed.

Mathunjwa said Amcu had met all of its obligations under its own constitution and the LRA. He said a national congress was planned to be held in 2018, but due to the union's protracted strike at Sibanye-Stillwater, it was shifted to September 2019.

He said Amcu's audited financial statements were in order as per regulations.

“Amcu is being punished for being a genuine trade union. We are committed to transforming the lives of the black working class,” said Mathunjwa.

“If there's one thing that capital hates it's a strong, militant union like Amcu,” he continued.

“Capital doesn't want a genuine trade union which runs its affairs through the mandate of its members,” he said.

The trade union grew rapidly after the strike at Lonmin in Marikana in August 2012, where 44 people were killed over a week, and became the dominant union in the platinum sector, challenging Cosatu affiliate the National Union of Mineworkers (NUM) for membership across the mining industry.

In 2016, it was reported that former president Jacob Zuma and the State Security Agency were named in court papers as having attempted to establish the Workers Association Union, a trade union to rival Amcu's rise.

The EFF and the country's largest union, the National Union of Metalworkers South Africa, have both condemned the attempt to deregister Amcu.

Molefe said interested parties have 60 days to comment on the proposed deregistration. DM