Workers must reclaim stolen rights

Local
It was Karl Marx who once argued that capital and labour cannot cohabit, one must vanquish the other. Adam Smith, the father of economics saw an invisible hand that must determine the price, be it of a commodity or labour.

It was Karl Marx who once argued that capital and labour cannot cohabit, one must vanquish the other. Adam Smith, the father of economics saw an invisible hand that must determine the price, be it of a commodity or labour. This line of thinking supposed that when supply increases, the demand decreases and vice versa. However, this rule does not apply to all commodities.

By Moses Tshimukeni Mahlangu

The question to be asked is: Who decides to increase the supply or generate the demand? Organisation of Petroleum Exporting Countries is known for reducing oil production when prices are low and increasing the same when prices are good. Owners of the factors of production lines are the ones who make such decisions.

Employers given the leeway, as is the obtaining scenario, will go overdrive in oppressing and suppressing workers. The Labour Act, Constitution, International Labour Organisation Standards and Conventions are attempts to rein in the monster called capital. The government, under normal situations, is expected to regulate and be arbiter between relationships, be they social, economic or the employment one.

Conflicting pronouncements from government ministries

One would not be blamed for thinking that current ministerial positions are from different governments or countries.

Not long ago, Finance minister Patrick Chinamsa bragged that the informal sector was now the new economy. The NewsDay (31/07/2015) reported that the same minister was proposing the banning of second-hand clothes. Of course, this is an impulsive response to MP Priscilla Misihayirabwi-Mushonga’s band wagon of second-hand panties that were displayed in Parliament.

The same paper advised that government was in the process of retrenching approximately 1 000 workers. Churches were to be taxed (the profit-making projects of course). Duty on second-hand vehicles was to be increased. Rebates on groceries and fertiliser to be scrapped. Parliament came with blazing swords in defence of the importation of second-hand clothes. Labour minister Prisca Mupfumira was not to be outwitted as she rubbished the so called retrenchment of civil servants (NewsDay 03/08/2015).

simon-khaya-moyo-(4)

Economic Planning minister Simon Khaya Moyo admits that ZimAsset has failed. This is further buttressed by Chinamasa’s downward revision of the economic growth from 3,5% to 1,2%. on the other hand, Vice-President Emmerson Mnangagwa bemoaned that the country had lost 20 years of growth.

In the midst of this abject poverty, the army has acquired luxury cars in the sum of $50 million. The Zisco-Essar deal at one time it was called off, yet Commerce and Industry minister Mike Bimha insists it is still on. Jabulani Sibanda in Southern Eye (31/07/2015) argues: “The only thing remaining for the besieged nation is to come together, think together and move forward.” Gweru mayor Hamutendi Kombayi says vendors keep Gweru ticking (Southern Eye 31/07/2015).

Poor law drafting

John Makamure (NewsDay 31/07/2015) blames poor drafting as the cause for laws that militate against the Constitution. He cites limited capacity to craft good public policies and reluctance by policy-makers to embrace change in line with the Constitution. It’s two years since the Constitution came into force yet citizens are still grappling with the constitutionality of some provisions in various Acts of Parliament.

In a democracy, all pieces of legislation that contravene the Supreme Law are automatically discontinued on the day the Constitution is adopted. Terms in legal language may make a great difference. A good example — the words “may” and “shall” are not of the same import and force.

Judiciary rigidity

Following the Supreme Court judgment of July 17 2015, supporters of this decision say the bench simply interpreted the law. Words were given their literal meaning, the argument goes on. Is it fair, just and equitable to sacrifice 18 500 jobs (in two weeks) on the altar of semantics? Worse still, the Supreme Court is at liberty to review its own decisions (in this case the common law of once upon a time). This was a Master and Servant Act of 1934 and is resurrected in 2015.

After the Nyamande and Donga case came the National Railways of Zimbabwe (NRZ) and Hwange Colliery Company cases.

In the NRZ case, the Supreme Court ruled that allowances that are not part of the collective bargaining agreement are not a right. On the Hwange Colliery Company, the same court upheld the appeal against Francis Zambuko.

The family of learned minds, as Mnangagwa puts it, are expected to ventilate into the mischief that an ordinary mind cannot fathom into. Public policy and interest cannot be subordinated to selfish interest of capital which is here today and tomorrow is relocated. Labour is here to stay — it is the maker of the much bragged about wealth. According to Adam Smith: “Wealth is men’s lives spent in creating it.”

The deceitfulness of hypocrisy

The government is not coming out clean of the workers’ rights that have been flushed down the drain. Parliament has not been forthright in condemning this wanton exercise.

The judiciary has become the advocate for capital. The poor worker has been left in the cold, shelterless and shieldless. Who will protect the forsaken workers? Who will be the voice of the voiceless? Time has come for the workers and indeed the nation to pick itself up, to defend their hard won rights.

Defenceless and vulnerable they may appear, but the undying spirit and zeal will carry the day. Barefoot and shieldless, the capital monster will be faced. It will be a replica of a David and Goliath episode. True to the prevailing suspicions, the government has authorised the job cuts in the parastatals (NewsDay 06/08/2015).

Lawyers fraternity attitude

As to be expected, lawyers are also divided over this issue of casualisation. Some have chosen to stand with the voiceless. On the other hand, some in contrast to the biblical Moses, have chosen to enjoy the goodies of Egypt — for a short while though.

Workers shall overcome. Workers and citizens of Zimbabwe arise to vanquish neoliberalism in all its various strains.