Friendships forged across battle lines of labour law

Cape Town - Michael Bagraim, from Bagraim's Attorneys. His column is titled Love thy labour and appears every Wednesday in the Cape Argus. - Photographer - Tracey Adams / ANA

Cape Town - Michael Bagraim, from Bagraim's Attorneys. His column is titled Love thy labour and appears every Wednesday in the Cape Argus. - Photographer - Tracey Adams / ANA

Published Jul 16, 2023

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Looking back at my involvement with the trade union movement over the years, I think it is important to record some of the most delightful individuals I have met and still, to this day, have contact with.

The Wiehahn Commission, named after Professor Nic Wiehahn, from the University of Port Elizabeth, was a groundbreaking move in industrial relations in South Africa.

Before the commission, workers of colour had next to no rights and were not recognised in the business community.

The commission was the first nail in the coffin of the apartheid government. With the advent of at least some rights for workers, we saw the first green shoots of fair industrial relations and the forerunner to labour law under our democratic dispensation.

When I started practising labour law, I met some interesting, entertaining and fine individuals. In my fledgling practice, I was representing small businesses that were, for the first time, facing small and independent trade unions. The early encounters are worth retelling, and in particular, it is worth introducing you to some of the interesting characters I met.

I have chosen four people, not because they were different from the others, but because I built a lifetime relationship with them and they have remained good and steady friends. They have not been alerted to this story and will probably tackle me head-on when they read this. They entered into the trade union movement in the early days of the new industrial relations arena.

One of the first people I had an encounter with was Terence Lategan, who was an organiser for the Furniture Union. My first encounter with him was tempestuous. The employer had sat with me and explained the nightmarish situation of trying to negotiate with Terence.

The first few clashes are indelibly engraved in my mind, causing sleepless nights for my clients. I went out of my way to endear myself to the person causing the nightmare. We have worked together in fantastic harmony for more than 30 years.

The second person is Pieter Cloete, whoworked in the Jewellery and Goldsmiths Union and, although not loud or aggressive, he was persistent. Pieter would never let go and would carefully pursue justice for his members, even if it took him years. I came to admire and respect Pieter for his persistence and loyalty to his members. He managed to avoid dismissals and, in most instances, was able to create peace in the workplace. Our friendship has lasted more than 30 years, and today, Pieter practises as a labour consultant and keeps in touch with me regularly.

The third person is trade unionist Dale Fish, a founding members of an independent trade union which he runs. Even though I was mostly on the opposite side of the fence, the friendship grew in leaps and bounds over many years. Dale has shown that if you are an employee and you need representation, it is always fantastic to have him at your side.

The fourth person is trade unionsit “Ma Baker”, who I met under negative circumstances. Jean has always shown that she will fight to the last drop of blood. I have always opposed her, but if I needed anyone by my side, I would choose her. Members of her union can rest assured that she will stop at nothing until they are treated fairly.

All four of these people hail from the Cape Flats and were brought up in the dark days of apartheid. All four have embraced me and trusted me even though we have sat on opposite ends of the negotiating table. They have all shown they are true South Africans fighting for justice and fairness above all else.

* Michael Bagraim.

** The views expressed here are not necessarily those of Independent Media.

Cape Argus

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