Home / Knowledge / News / Apparel/Garments / SACTWU calls court judgment hollow victory
SACTWU calls court judgment hollow victory
Mar '13
Judge J Koen has ruled that the Minister of Labour’s decision to extend the 2010 clothing industry wage agreement to companies not party to the clothing industry bargaining council should be set aside. That is all.

Yet, there has been widespread misreporting about the actual content and effect of the judgement and people’s imaginations are running wild!

The Southern African Clothing & Textile Workers Union (SACTWU) says - It is a hollow victory for non-compliant employers. It has now only hardened SACTWU’s attitude towards them, the opposite effect of what they expected.

It is not true that the judgment has the effect of setting aside the clothing industry minimum wage regime. There is still a gazetted and extended industry-wide minimum wage agreement in place, despite the setting aside of the 2010 extension.

This covers all clothing employers and clothing workers in every part of the country. All employers are required to comply with their obligations legislated in this agreement, including the payment of legal minimum wages.  SACTWU expects them to do so, and will do everything in its power to compel them to do so.

It is not true that the Judge has ruled that non-compliant, non-party companies now have the right to negotiate outside of the bargaining council system. This is nowhere to be found in the written judgment. The bargaining council remains the only place where it intends to bargain. There will be no negotiations outside this forum.

It is not true that the judgment means that the bargaining council is prohibited from executing writs of execution against non-compliant companies. Only those writs held against the now set aside 2010 extended agreement is now held in abeyance.

But the vast majority of writs still remain legally valid, as these have been issued against many other legitimate agreements, other than the 2010 extension. We will now step up our fight against illegality, by ensuring that legitimately secured writs are executed as speedily as possible.

It is not true that the Minister will no longer in future be able to extend a bargaining council agreement to non-parties. The judgment has only identified an administrative error in the manner in which the Minister has extended the 2010 wage agreement. The judgment does not remove this power from the Minister. SACTWU will work with the Minister to strengthen extension capacity.

It is not practically and legally possible for employers to now “take back” increases granted to workers, in consequence of the 2010 extended agreement. It will unleash widespread and spontaneous industrial unrest.

Southern African Clothing & Textile Workers Union (SACTWU)

Must ReadView All

Textiles | On 24th Oct 2016

Baba Ramdev’s Patanjali to enter textile manufacturing

Patanjali Ayurved, an enterprise initiated by yoga guru Baba Ramdev,...

Textiles | On 24th Oct 2016

German technology to help in energy saving in textiles

German technology can play a major role making the environment...

Courtesy: Trupik

Apparel/Garments | On 24th Oct 2016

Virtual 3D fitting rooms revolutionising online shopping

Virtual fitting rooms meant to bridge the gap between e-commerce...

Interviews View All

Claudia Kersten
Global Organic Textile Standard

‘GOTS is a very efficient supply chain management tool, especially for...

Abhimanyu Singh Rathore & Barbara Anna Kosiorek

‘Blending cultures is the true beauty of fashion, where one’s imagination...

Abhishek Ganguly
Puma India

‘As a brand, Puma is always looking for new and innovative ways to inspire ...

Eric Scholler

The Indian market has huge potential in technical textiles, and by far,...

Suresh Patel
Sidwin Fabric

Sidwin Fabric is a manufacturer and exporter of polypropylene textiles and ...

Mark Paterson
Technical Absorbents Ltd

Mark Paterson, R&D manager of Technical Absorbents Ltd talks about Super...

Yash P. Kotak
Bombay Hemp Company

One of the directors of Bombay Hemp Company, Yash P. Kotak, speaks to...

Bani Batra

Bani Batra’s couture wedding collection is inspired by traditional Indian...

Sonam & Paras Modi

Sonam and Paras Modi's Sva Couture is synonymous with head-turning...

Press Release

Press Release

Letter to Editor

Letter to Editor

RSS Feed

RSS Feed

Submit your press release on


Letter To Editor

(Max. 8000 char.)

Search Companies

October 2016

October 2016

Subscribe today and get the latest update on Textiles, Fashion, Apparel and so on.


Browse Our Archives


Advanced Search