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08 August 2019 | Story Leonie Bolleurs
Zama Zama
Michelle Goliath played a major role in establishing the first ethically sourced, fair, women-owned, artisanal diamond process.

Michelle Goliath, a PhD student in the Department of Urban and Regional Planning at the UFS, has a passion for helping the most vulnerable people in society who have run out of conventional employment options. 

“My research includes ‘Zamaism’ psychology, a philosophy which looks at the contestation of space and rules, how people navigate the illegal when they are faced with desperate choices,” she explains.  

Michelle has been working with approximately 3 000 diamond mining ‘Zama Zamas’ (criminal miners) over the past three years. Together, they negotiated an agreement with private sector mining and public sector stakeholders to include the Zama Zamas as legal artisan miners in the formal mining economy.

One of the highlights of her career so far was being part of a big first: the complete, ethically sourced, fair, women-owned, artisanal diamond process.

Michelle explains: “A rough stone includes the story of the women who dig it from the earth, legally (under permit), ethically sourced. Instead of being exploited, the same women now sell their diamonds for full value to a legal tender house through a legal buyer or directly to the cutter and polisher. The cutter and polisher also train the women to cut and polish the stones themselves. The women then sell the stones to jewellery gold- and silver-‘smiths’ who artisanally craft this into an engagement ring or ‘Wakanda gem spear’, to be sold in the open market locally and internationally.”

She believes these products will become priceless works of art. “Like Picasso paintings, they are each uniquely produced by hand with a story and Kimberley process certificates,” she adds.

The story of the women

This project had a big impact on Elisa Louw, a former street seller and domestic worker. She tells her story: “I was tired of domestic work and decided to work at the mines as a Zama Zama. I began with nothing and had to borrow tools and learn from others.”

Elisa started working in the mines in 2013; in 2014, she found her first 75-pointer diamond which she sold for R1 500 on the black market. “The black market was good then,” she said.

She later recruited other Zama Zamas to register and obtain legal permits for mining. Elisa mined from 08:00 to 12:00 and from 13:00 to 16:00 she recruited people to start a legal mining co-op. “It was difficult then. People did not understand what it meant to be legalised,” Elisa explains.

But she worked hard and at the end of 2016, the Batho Pele Primary Mining Cooperative was established.

However, it was a hard and difficult journey before they were given their permits early in 2017. The mines took their IDs and issued them with eviction letters. “They called us names – terrorists, robbers, rapists, etc. But in a meeting with the South African Police Service, the Department of Mineral Resources, the Sol Plaatje Municipality, and the international Swedish Housing Company, Michelle spoke for us.”

“She represented the Swedish Housing Company and we thank the Lord for sending her to us. She informed all parties that we did not want to fight, but that we were looking for a licence to work. She helped us to obtain our legal permit to mine.”

“It was such a relief when we received the permit. I could go home and sleep without worrying about the safety of the old people and children who are mining.

“The permit changed my life as a woman. My voice is heard; my words count. I am proud of myself,” says Elisa. 

The two cooperatives they created, Batho Pele Primary Mining Cooperative and the Women in Artisanal Scale Mining, have already signed agreements with Canada and the USA for the export of fair-trade-certified gem products.

Blood, sweat and tears

The journey towards this big achievement took two years of literally blood, sweat, and tears. “Society labels Zama Zamas negatively as terrorists. In a way, you become a Zama at heart once you live with people every day who are fighting for economic inclusion. You fight the illegal diamond trade that exploited people as digging slaves. You fight formal mining, which is a difficult sector to enter as a woman. You literally fight others with stones for territory. You fight political fights, land fights, the system at every level, to seek an existence,” Michelle explains.

She believes the mining industry can be a tough environment. “It is exploitative at many levels. It showcases rare talent, but under duress. At artisanal scale it is even worse. The only future women have, is to lead themselves, to create their own fairer system, to redesign a full value chain that allows broader participation,” states Michelle.

News Archive

Workplace discrimination and unfair practices explored in new book
2017-09-13

 Description: Denine read more Tags: Denine Smit, Labour law, employee relations, bullying, vulnerability, research, Damain Viviers 

Dr Denine Smit
Photo: Supplied

Two law scholars, Dr Denine Smit and Dr Damian Viviers, from the Faculty of Law at the University of the Free State (UFS) recently launched a book titled Vulnerable Employees, which was inspired by their interest in researching, creating awareness and providing a legal exposition in relation to employees who are vulnerable and experience prejudice and dignity violations in the workplace. These include workplace bullying, appearance-based discrimination, those who are gender fluid or have mental-health conditions.
“Dr Viviers, who is also a former student of mine, and I, have been working together for years and share a common understanding in relation to our various topics of interest. We often share the same train of thought. This is how we came to work together to produce this book,” said Dr Smit.


Research focused on employee challenges in the workplace

The book expands on the field of knowledge regarding certain categories of employees who, as a consequence of various mutable, immutable and semi-immutable characteristics, as well as behavioural experiences, are rendered vulnerable in their employment relationships. The book draws on various social, psychological and other empirical considerations, as well as comparative legal research from foreign and international law, in order to expand on the legal position under the South African legal framework governing these conditions. While the book first and foremost constitutes a compendium of research to be used for this purpose, it also serves as a practical guide for all legal practitioners, human resources managers, other labour stakeholders and the judiciary.

Book draws strength in other academic fields
Vulnerable Employees was launched on 28 July 2017 at the UFS library, to an audience of academics and students, with a panel discussion made up of the authors and two other panellists. One of the panellists was Dr Katinka Botha, a leading psychiatrist in the Free State who has a wealth of experience in this field. “Her selection as a panellist was motivated by the various significant inter-disciplinary considerations and intersections between psychology, psychiatry and law, contained in the book,” said Dr Smit. 
“Dr Botha’s expertise was invaluable in shedding light on mental-health considerations during the panel discussion.” 
Mr Lesley Mokgoro, the other panellist, is a leading labour law practitioner, as well as director and head of the Dispute Resolution Practice Group at Phatshoane Henney Attorneys. “His years of experience working with all role players in the employment domain, as well as his extensive legal knowledge and expertise, made him uniquely qualified to serve on the panel and deliver an opinion of the practical and academic value of the book,” said Dr Smit.


Workplace policies key to securing employee rights

There are a number of growing trends in the workplace that could shape the practice of labour law or workplace policies. Dr Smit said the need for employers to regulate workplace culture, particularly in relation to bullying, harassment and unfair discrimination, in line with the South African legal framework, was a fundamental need in all workplaces. Effective workplace policies may be used to clearly outline the relevant “dos and don’ts” to employees, as well as the procedures and processes that may be followed in order to address such conduct. Workplace policies serve to advance legal certainty and efficiency, since the rights and obligations of all role players are clearly demarcated, or should be, in terms of a well-drafted and considered policy. 
The book is one of several publications produced by Dr Smit in collaboration with Dr Viviers on the topic of workplace discrimination and the law. The two scholars are working on another book to be published at the end of 2017.

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