Tagged as South Africa

The South African Competition Tribunal hearings, which ended on Monday, offered enough proof to the South African Competition Commission that it reversed its earlier decision to recommend the Walmart deal for Massmart go through without conditions.

The Commission now says that if the merger is approved, a condition should be applied compelling Walmart to reinstate the 503 retrenched workers that Massmart cut in anticipation of the merger. It also recommends a condition stating that existing labour agreements with Massmart must be honoured for three years.

Explaining the turnaround, the Commission said there were many documents that it hadn’t seen when it made its original recommendation to the Tribunal that Walmart enter the market without conditions. After listening to the evidence and seeing various documents through the discovery process, it formed a new conclusion.

In the hearings, when questioned directly by the Competition Tribunal Chair, Massmart CEO Grant Pattison offered to sit down and discuss with the union the possibility of offering preferential re-employment on new terms and conditions. This is much weaker than the Competition Commission’s recommendation to reinstate the workers in their old jobs. Massmart could offer new jobs to the workers based on its own discretion and could walk away from talks if the union doesn’t accept their offer.

“What Massmart has offered so far is an insult to South African workers,” said Bones Skulu, General Secretary of the South Africa Commercial, Catering and Allied Workers Union (SACCAWU). “We won’t accept a shallow, noncommittal offer that only gives workers the possibility of being hired for new jobs without any guarantee of their former positions and working conditions. We expect the Tribunal will take this into account as it deliberates.”

Walmart has offered a few voluntary conditions on the deal that fall far short of what trade unions are calling for. The company has also threatened to walk away from the deal or take the Tribunal to court if it imposes stronger conditions.

“The Walmartization of Massmart has already begun,” said UNI Global Union General Secretary Philip Jennings. “Before the offer was finalized, Massmart was already changing its corporate behaviour to entice Walmart and it was workers who were hurt in the process. This deal should only go through if there is protection for local workers and the local economy.”

SACCAWU, UNI Global Union, and the United Food and Commercial Workers International Union (UFCW) of North America, who have formed a global coalition to contest the merger, say that if the deal is approved, strong conditions are necessary to ensure that there’s not further bad news for South African workers. This is echoed by COSATU, FAWU and NUMSA who are in support in the application. COSATU has in advance filed a section 77 notice with NEDLAC in preparation for rolling mass action should the tribunal in its findings not include conditions as put forward by the Unions and the three Government Ministries.

“At the hearings Walmart unsuccessfully tried to run from its record in the USA and Canada,” said Michael Bride of the UFCW. “This should send a clear message to Walmart that our global union network will ensure that an assault by Walmart on workers’ rights in one country shall be known by those in all countries.”

The Competition Tribunal has day 10 days to issue a decision on whether it will approve the merger or not and, if so, what conditions it places on the deal.

As the South African Competition Tribunal wound down hearings on the proposed merger of Walmart and Massmart on Monday, the country’s Competition Commission changed its recommendation on the deal. The Competition Commission said the merger should only go through if Walmart hires back 503 workers fired by Massmart as it prepared for Walmart’s offer.

The global coalition of trade unions contesting the merger have demanded that if the Tribunal approves Walmart’s entry it should only do so with strict, enforceable conditions that promote the interests of domestic suppliers and place the interests of Massmart workers at their core. Central to this are the reasonable demands for post-transaction group centralized bargaining, a closed shop and reinstatement for dismissed workers.

During the hearings, Walmart repeatedly refused to make any commitments on its post-merger behavior but on Monday it offered a few. The multinational said it wouldn’t cut staff for two years; it would honor labor agreements for a period assigned by the Tribunal, and after the merger it would volunteer 100 million rand ($US 14 million, or about 0.003% of annual sales) to develop a three-year program to develop local suppliers, with trade unions sitting on the committee.

“It’s a positive step that Walmart recognizes that it needs to accept conditions on the deal,” said Christy Hoffman, deputy general secretary of UNI Global Union, which is part of the global union coalition. “While welcoming the commission’s recommendation, we question how serious Walmart is when it puts an offer on the table that falls far short of what is needed to ensure local procurement and protection of union and workers’ rights.”

The South African Competition Tribunal heard the final arguments today as it considers whether or not to allow retail giant Walmart to buy local chain Massmart and enter the African market. If it allows the deal to go through, it can decide what conditions are necessary to protect the local economy.

Walmart said on Monday that it will appeal any conditions set by the Tribunal or walk away from the deal, according to media reports.

Throughout the weeklong hearing, a global coalition of trade unions is contesting the merger – South Africa Commercial, Catering and Allied Workers Union (SACCAWU), UNI Global Union, and the United Food and Commercial Workers International Union (UFCW) of North America— supported a call to block Walmart’s entry into South Africa. They presented testimony on Walmart’s anti-union and anti-worker policies in other parts of the world, most notably the USA, with the company attempting to explain these away by virtue of “”cultural norms.”

“Walmart cannot run from its history or current anti-worker behavior in many parts of the world,” said Michael Bride of UFCW. “What it is finding as it continues to try and expand business in urban centers in the US and other countries around the globe is that its anti-worker stance is not serving it well.”

The announcement from the Competition Commission was a notable reversal after it originally recommended the deal proceed without restriction.

“”We were heartened to discover that the Competition Commission, having weighed the evidence, changed its recommendation on the basis that it now agreed with the union’s consistent view that the retrenchment of workers prior to the merger was connected with the merger, contrary to the claims of Walmart and Massmart,” said Bones Skulu, SACCAWU General Secretary.

The coalition says that the Tribunal should not be bullied into accepting the deal. Their responsibility is to protect the local economy and to encourage Foreign Direct Investment that will develop the economy in a positive way for the benefit of all South Africans.