Social dialogue is like cooking. It’s an art that requires skill.
Tito Mboweni, who died suddenly on Saturday, not only had a passion for cooking but also for bringing together organised business, labour and the government at the dawn of our democracy to agree on a new legal architecture for the labour market and institutionalise social partner decision-making on socioeconomic matters.
The formation of the National Economic Development and Labour Council (Nedlac) was one of the contributions that Mboweni made as the first minister of labour in the democratic era.
In putting together this tribute, I have drawn from the recollections of those who initiated the journey of social dialogue with him: former department of labour deputy director-general Les Kettledas and director-general Sipho Pityana, former minister and trade unionist Ebrahim Patel and former executive director of Nedlac Jayendra Naidoo.
This is Nedlaç’s 30th year and at our annual summit in September we invited former Nedlac leaders to celebrate this milestone.
Kettledas recalled that in 1994, after SA restored its membership to international bodies, Mboweni led a tripartite delegation to the 81st session of the International Labour Conference (ILO) in Geneva, where the 75th anniversary of the creation of the ILO was celebrated.
“Inspired by the event’s significance, minister Mboweni told the gathering that ‘we in SA are mapping our own future. The ILO principles of tripartism, social responsibility and social justice are our compass’,” he recalled.
[Mboweni] ensured that the aspirations of the workers’ many decades of struggle as part of the liberation struggle were honoured.
— Sipho Pityana, former department of labour director-general
However, as deputy head of the department of economic policy in the ANC, Mboweni was no stranger to matters of social dialogue and the labour market when he became minister of labour.
According to Patel, then a Cosatu leader, “Our discussions started around 1992 on institutionalising social dialogue, drawing on the experience with the National Economic Forum. I recall many engagements on SA’s labour market dynamics with Tito, who was fond of late-night meetings.”
The National Economic Forum and the National Manpower Commission were tripartite structures initiated by, or forced to include, the progressive trade union movement, which was demanding not only labour rights but also participation in our country’s economic transformation in the run-up to the democratic transition.
On Mboweni’s return from the ILO in Geneva, a group of senior officials proceeded to draft the Nedlac bill, which, according to Naidoo, was the first piece of legislation passed by the new democratic parliament. It was unique in many ways.
While most tripartite institutions only have business, labour and government representatives, Nedlac included organisations representing community and development interests.
Naidoo says this could have been due to the influence of the former minister in the RDP office, Jay Naidoo, who, while also from the labour movement, was now seized with establishing more inclusive democratic participation to implement the Reconstruction and Development Programme (RDP).
The second unique aspect of Nedlac was that the government was obliged through Nedlac not merely to consult or be advised by social partners but also to negotiate labour legislation.
Thus, Nedlac’s first task was to facilitate the negotiations of new laws to regulate labour relations, basic conditions of employment and employment equity. These laws extended rights to millions of workers and enabled blacks, women and people with disability to break through racially imposed ceilings in workplaces.
These negotiations were tough, resulting in many overnighters between industry captains of industry, such as Bobby Godsell and Raymond Parsons, and trade union leaders, including Mbazima Shilowa and Patel.
“He partnered labour and business on a unique journey: to craft labour legislation by consensus. He brought that characteristic blend of charm and pressure to help move the talks beyond the inevitable sticking points,” remembers Patel.
The current Nedlac social partners are again seized with amending labour laws and aligning them with new circumstances. Indeed, there have been a few rounds of amendments, and there remains contestation between business and labour as to the flexibility or otherwise of labour laws, but the fundamental rights and framework have stood the test of time. A country rarely has the opportunity to review its legal framework significantly, and it is a tribute to Mboweni that he moved speedily and inclusively to do so.
As Pityana said: “He ensured that the aspirations of the workers’ many decades of struggle as part of the liberation struggle were honoured.”
Mboweni did not envisage a role for Nedlac only in the labour market. The founding document of Nedlac — signed by himself, John Gomomo from labour, and David Brink from business — commits Nedlac to address the three defining challenges of the time: sustainable economic growth, social equity and increased participation by all major stakeholders in economic decision-making.
Today, for better or worse, our country faces the same challenges of growth and equity, but the participation of major social partners in decision-making is secured.
Social dialogue has become an important feature of SA socioeconomic life. Social partners have come together through Nedlac to address job creation crises, the financial crash in 2009, and the Covid-19 pandemic. For this, we have Tito Mboweni’s foresight to thank.
• Seftel is the executive director of Nedlac.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.