'Labour law isn't right' - Herman Mashaba
THERE needs to be a "drastic" change in current labour legislation if South Africa wants to win the fight against unemployment.
Call like this has been common in the business community - but it remains the only way to summarise an interview Sowetan had with businessman Herman Mashaba.
Mashaba is the founder of hair product brand Black Like Me (established in 1984) and executive chairman of Lephatsi Investments.
He recently launched his autobiography, Black Like You, in which he tells how he struggled to succeed in life and speaks about the mistakes he made as a young man.
"I wanted young black kids to learn from the struggles I faced. The book is also for the young white generation to know the struggles of the past."
Mashaba began by selling, among other things, insurance, linen, glasses, fire detection systems and finally, his haircare products. That was when the Black Like Me idea started.
As someone born into poverty, creating employment in the black community is still close to his heart.
He admires the government's focus on jobs but questions the way it hopes to achieve it. This issue has made him even consider taking the matter to the Constitutional Court.
"I do not believe you can develop entrepreneurs with the current labour system, particularly not black ones. It's not possible.
"If you want to start a business in the township, you face the complex labour laws. If you can't afford to hire labour experts, you are going to get into trouble in the end ... someone takes you to the CCMA."
Mashaba said black businesspeople were treated as enemies by the CCMA and "they have to prove their innocence".
"Something drastic must change in labour legislation," he said. "If that does not happen we must accept that we are not going to have black entrepreneurs.
"We must accept that unemployment is going to rise and will one day come back to bite us.
"No one will start a business to fire people. What we are saying is that if it is so easy for people to just walk away from you, why should you be forced, as a businessman, to keep someone (employed)?
"I say let us find an equitable way that will allow our people to work."
Other issues that hamper employment, he added, were an inferior education and the crime rate in the townships.
"This economy also needs creativity. It needs industrialists and they are not going to come out of government tenders," he said.
- penwelld@sowetan.co.za
OUTSPOKEN: Black Like Me's Herman Mashaba dislikes reliance on tenders. PHOTO: JEREMY GLYN
Comments
t-naslerethe
black like you ka perm,the interview he had on E tv with justice was out of dis worldReport Abuse
maneater
PURE ORIGINAL GANGSTER I TELLYOU. HE STARTED FROM SCRATCH IN THE DARK APARTHEID DAYS NO TENDER OR NOTHING JUST PURE HARD WORK. I TAKE OUT MY HAT TO YOU SIR. O BOSSO!!Report Abuse
DjEp
It was one of the most selling brand of our time back then, competing with the likes of Score,Dan Hands and OK. well done Mr Mashaba, they turned your workshop in Mabopane industrial site to be a social welfare department, previously it was horror affairs, but thanks to you Sir.Report Abuse
MicaParis
A true businessman who never got a Government tender or fat post to be where he is. I can afford to listen to a realist like Mashaba not some big mouth Comrades what what who stole from Government coffers for self enrichment. The Labour Relations Act will need to be amended to cater for the suggestions Mr Mashaba has raised. It must be noted however that in order for that to happen will it not amount to unfair labour practice, which means we need to amend the Constitution first to allow that change to happen, because giving employers a leverage to hire and fire on the basis of failure of business or incapacity might be suicide to black masses. The problem is that, how do we close a gap of opening a can of abuse especially from Private Companies? I cannot trust that no abuse will happen seeing what is happening in our Mining, Textile and Fishing industry let alone what is happening to domestic workers despite having those legislation Mr Mashaba is crying foul of. A quick solution will be a development of many SMME as possible to cater for a back log of thousands of Graduates who are on the street. Let the Government run those SMME together with lots of graduates who are having good qualifications in Economics and Business Management precicely on a 50/50 basis, I see lots of CV with Masters in those fields and think if these people can be grouped together and be given a certain big Government project to run will they really fail? If we do not support this Graduates they will never go any where because they do not have enough funds to start their own businesses. Our good Lord will be with them to succeed , there is no use to ignore the situation, let us use the unemployed youth who are on the street! NYDA should be stripped of its huge budget because they only help ANCYL connected comrades so they will never take us any where. Please let our Government invest too much on Agriculture to strengthen our tax base for SME development, there is nobody who is not eating all over the world so Agric Products will always sell. Let us trust in our Youth Graduates with very experienced people like Mr Mashaba next to them as mentors I do not think these people will fail, they are rich in theory which must be put to use in practice!.Report Abuse
ZUMAMUSTGO
A true Enterpreneur with the likes of Maponya these are legends, however Mr. Mashaba needs to do a course on labour relations listening to him yesterday on Etv i was not impressed, after all you cannot know each and everything.Report Abuse
Zwanga
I am definately going to buy his book, the man is an inspiration to many. He has a story to tell, from the humble beginnings to where he is today.......As a business man, I fully concur with Herman, to open a business in South Africa, you must go through a lengthy process, that is, DTI, CIPRO. After that, you must register with Department of Labour, UIF. Register with the industry statutory bodies, then SARS, by the time you finish............your employees are on strike for salary increase.........you face COSATU, CCMA, ShopStewards, etc. Whatever product you are selling, Consumer Commission is on your case...........Labour brokers? No, they are not wanted........Youth Wage Subsidy? Nobody knows..............I personally believe that President Zuma should at least say in his State of the Nation address:"we are going to produce 1 000 000 entrepreneurs" instead of promising people jobsReport Abuse
TKay
So...where do we start Mr MashabaReport Abuse
Sepoko21
Now bra Herman, that's what i call comradeship. not this nonentities who have friends in the govt & get tenders through unholly ways, then they think they are entrprenuers. We've been dilebarating on the issue for quite sometime, but the "comrades" in govt seem to hear nothing maybe because they are not business inclined. What they know is bribe,nepotism & calling people "chiefs". They are not helping @ all. Zwanga I like that. Let's create entreprenuers, that way we'll create jobs. SO "COMRADES", SCRAP OFF THE RED TAPES. We want 2 build our economy.Report Abuse
JANEL
Herman I so agree with you. There's no prtection for the businesses, only for the employee. As a business owner you are guilty until proven innocent under Labour Law. When staff are absent without permission, no one thinks of the business that suffers due to work not done. They do everything possible to protect the staff. With this said and done I admit that I think twice, thrice before adding to staff. Labour Law = Far Less Jobs.Report Abuse
cornelius
Bravo Mr Mashaba - I wish you could talk some sense into the koppe of people like Vavi, Ehrenreich, Nzimande, and the whole SACP and COSATU crowd about how to create employment. Government cannot reaaly create jobs - that is not the core function of a government - its jobs is to create the right environment for the economy to grow. First step is to relax these labour laws which are the most onerous ( on employers) in the world.Report Abuse
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