The policy briefing examines the institutional factors that contributed to this tragedy and that remain in urgent need of reform. It argues that current institutional arrangements – especially labour legislation – create strong incentives for rival unions to value violence over co-operation. An effective prisoners’ dilemma (PD) exists. Mining companies simply cannot afford to offer the kind of wage increases that are being demanded.
Competing unions refuse to temper their demands, as they cannot risk being seen as weaker than the other for credibility’s sake. For mining firms and unions to revise their dominant strategies, a number of policy interventions are required to transform the PD into an assurance game (AG). The latter requires a focal point around which stakeholders can converge. The briefing proposes that a strengthening of the Council for Conciliation, Mediation and Arbitration (CCMA) to punish illegal or violent strikes by removing an offending union’s bargaining rights may constitute such a focal point. It also offers a number of other key recommendations to prevent further labour unrest and consequent mining industry decline in South Africa.