Just imagine the Minister of Labour telling the Constitutional Court that she fully supports and endorses a law that was the brainchild of Jan Smuts in 1924. His motive was purely political and was meant to be a vote-catching ploy. He deliberately created a racially divided labour dispensation by excluding all pass-carrying citizens (African males) from the law. To make it worse in 1995 big business and Cosatu accepted the principle of extending collective agreements. The LRA forces the Minister to extend bargaining council agreement to non-parties. In other words the Minister seems to welcome being bound and having her hands tied and being deprived of any discretion. She is refusing to fight for her right to exercise a discretion and consider the impact of the agreement on 8.3 million unemployed voters in South Africa. When will right-minded South Africans see through her stubborn opposition to the court application of the Free Market Foundation and Herman Mashaba? Listen to two-part Justice Factor interview with Herman Mashaba below:
This is an interesting interview that Justice Malala had with Herman Mashaba, an outstanding South African. He admits that he was ‘exploited’ when he first starting working for Spar and regarded it as his opportunity to exploit the job. It enabled him to get his feet on the ladder and look where he is now as one of the most successful entrepreneurs in South Africa. He also makes the point that the minimum wage does not mean anything to anyone looking for a job.