Minister of Labour Budget speech & response by DA & ANC
10 May 2016
Minister of Labour, Ms Mildred Oliphant gave his Budget Vote speech on the 10 May 2016
Ongqonqgoshe kanye Namasekela abo ahloniphekile,
Amalunga Alendlu ahloniphekile,
Abaholi Bemibutho Esibambisene nabo,
Mqondisi Jikelele kanye nethimba lakho lomnyango,
Izivakashi zethu ezihloniphekile,
Abasebenzi bonke basemzansi-Afrika,
Mangithathe lelithuba lokubonga uNkulunkulu ukuthi sikwazile ukuma phambi kwenu namhlanje, ukuzothula uhlahlo-zimali loMnyango wezabasebenzi. Mangisho-ke ukuthi isisekelo saloluhlahlo-zimali, izibopho esazenza siwumbutho kakhongolose uma siya okhethweni langonyaka ka 2009 kanye no 2014.
Sikwazi kahle kamhlophe ukuthi abantu bakulelizwe banika uKhongolose igunya lokubusa izwe ngoba bewazi umlando walombutho, futhi, bayakholwa ukuthi siyokwenza lokhu esikushoyo. Loluhlahlo-mali angeke luqale izinto ezintsha ezingekho ohlwini lwezibopho esazenza siwu-Hulumeni kaKhongolose ngesikhathi sithatha izintambo zombuso, kodwa sizoqhubeka lasagcinakhona ngonyaka ofile.
Umsebenzi wethu omkhulu ukuvikela abasebenzi ukuthi bangaxhashazwa emisebenzini. Lokhu sikwenza ngokushaya imithetho ebhekele inhlalakahle kanye nentuthuko yabasebenzi. Uma sishaya lemithetho, siyaqiniseka ukuthi loko akuthikamezi imizamo yokukhulisa umnotho nalezo-zinhlelo zokuvula amathuba emisebenzi. Lokhu sikwenza ngokubambisana nabaqhashi kanye nezinhlangano zabasebenzi.
Isisekelo sako konke esikwenzayo, uMqulu weNkululeko owathathwa indibano yabantu base-Mzansi Afrika, E-Kliptown ngo-1955.
Unyaka ofile ube unyaka unempumelelo eyisimangaliso emnyangweni wezabasebenzi. Osaziwayo umhlaba wonke bathi akukaze kwenzeke emlandweni wamazwe ukuthi uhulumeni ophethe, acushise izichibiyelo zemithetho yabasebenzi eyevile kwemibili, iminyaka emibili ilandelana. Ngisho nozakwethu bamazwe omhlaba laphaya enhlanganweni yabasenzi yomhlaba, abawuvali umlomo.
Lokhu kuyajabulisa kakhulu ngoba kwenzeka onyakeni la-sigubha iminyaka engamashumi amabili kwamukelwa umthetho-sisekelo walelizwe. Futhi lona unyaka wamashumi ayisithupha nambili abantu basemzansi Afrika bethula izifiso zabo mhla-behlangene eKliptown ngo 1955.
Labo abalithandayo iqiniso, bayavumelana nathi ukuthi cishe konke okwathulwa indibano yabantu eKliptown, nezibopho esazenza masiya okhethweni lukazwelonke luka 2009 kanye no 2014, uHulumeni kaKhongolose ukulandela njengoba kunjalo.
Yonke imithetho yabasebenzi yakulelizwe, ngaphezu kokuthi ithathelwa kumthetho-sisekelo walelizwe, ihamba ezinyathelweni zoMqulu weNkululeko, kanye nezibopho zokhetho luka Khongolose.
Umqulu weNkululeko uthi uhulumeni wentando yeningi, uyothi uma uthatha izintambo zombuso, ashaye imithetho eyonika ilungelo elithi “Bonke abasebenzi bayokhululeka ukusungula izinyunyana zabo, ukukhetha abaholi babo nokwenza izivumelwano zamaholo nabaqashi babo;
Sihlalo namalunga ahloniphekileyo, akukho noyedwa kulendlu ongaphika ukuthi lohulumeni kaKhongolose ukwenzile lokhu ngale kwamathandabuzo, futhi nabasebenzi bakwazi kamhlophe lokho.
Umqulu wenkululeko uphinde uthi:“ Uhulumeni uyokwenza kube ilungelo labo bonke abasebenzi ukuthi bathole ukunxephezelwa uma belahlekelwe imisebenzi”;
Kuyaziwa-ke ukuthi sinesikhwama esibhekene nalombandela, abanye bathi iBlue Card, abanye bathi Upoyinandi. Okungijabulisa kakhulu, ukuthi, ngisho nabasebenzi basezindlini nasemapulazini imbala, nabo sebayahlomula kulesisikhwama. Kuningi-ke nokunye okuhlongozwa yilesi-sichibiyelo-mthetho okuzokwenza izimpilo zabasebenzi kanye nemindeni yabo ibengcono kakhulu.
Siyathemba-ke ukuthi lendlu izokuphuthumisa ukuchibiyela lomthetho ukuze abasebenzi nemindeni yabo bahlomule. Kulonyaka, isikhwama sesibeke imali engango 9.2 billion wamaRandi ukuhlangabezana nokukhokhela abasebenzi okungenzeka balahlekelwe imisebenzi kulonyaka njengoba isimo somnotho womhlaba sintengantenga.
Umqulu uphinde ugunyaze uhulumeni ukuthi ubeke imithetho ezoqiniseka ukuthi - Abesilisa nabesifazane bazo zonke izinhlanga bayakwamukeliswa amaholo afanayo uma benza imisebenzi ofanayo;
Sizokhumbula ukuthi lokhu kuke-kwaba yindaba egudwini ngesikhathi sichibiyela umthetho wokuqeda ubandlululo ezindaweni zemisebenzi. Bebekhona-ke ebebeshaya phansi ngonyawo bethi akusoze kwenzeka lokhu, kodwa amathe abuyela kwasifuba ngoba ukhongolose, ekhokhelwa Umqulo wenkululeko ka 1955, wawushicelela lomthetho.
Umqulu wenkululeko uphinde uthi “Kuzosetshenzwa amahora-amane ngesonto, abasebenzi bazokwazi ukuhlaba ikhefu elikhokhelwayo emva kokusebenza unyaka, futhi bayobanelungelo lokukhokhelwa uma bengakwazi ukuya emsebenzini ngenxa yokugula , kanye nabesimame uma beyobeletha nabo bayonelungelo lokuhlaba ikhefu elikhokhelwayo ukuze bakhulise izinsana zabo, futhi kuyoba neholo likazwelonke.
Ukhongolose usekwenzile okuningi ngalombandela, futhi sonke siyazi ukuthi uma ungaphilanga usuyakwazi ukuthi utshele umqashi ukuthi angeke ukwazi ukuya emsebenzini ngoba uyagula. Uma ulovile emsebenzini ngoba ugula, wawukhishwa ngesango mhlazane ubuya. Yayingekho futhi indaba yokuthi uzohamba uthi uyophumula emva kokusebenza unyaka ucabange ukuthi uzokhokhelwa, kodwa namhlanje konke lokhu sekulawulwa umthetho njengoba sikhuluma nje.
Abasebenzi besimame sebayakwazi ukuyobeletha bahlale emakhaya izinyanga okungenani izinyanga ezine bekhokhelwa. Abasebenzi bababazi kahle kamhlophe ukuthi ukukhulelwa kwakusho ukulahlekelwa umsebenzi. Siyabonga kuhulumeni kaKhongolose, abanamehlo bayibona imisebenzi yakho emihle. Akugcini nje lapho, Umqulu wenkululeko uphinde uthi “Abavukuzi, abasebenzi basemasezindlini, abasebenzi basemapulazini kanye nabasebenzi bakahulumeni bayoba namalungelo afana nabo bonke abasebenzi”; Bonke abasebenzi banamalungelo afanayo kulolonke lelizwe.
Kuthe uma senza izichibiyelo zokuthi abasebenzi bezinkontileka nabo babenamalungelo afanayo nabobonke abasebenzi, amanye amaqembu aphikisayo ashaya phansi ngonyawo, bethi lingawa licoshwe ‘zinkukhu, angeke kwenzeke lokho. Umbimbi wabasebenzi, amadlandawonye kanye nenhlangano yezakhamuzi beholwa uKhongolose, balwa ukuthi leziziphakamiso zibe umthetho.
Uyasho futhi Umqulu wenkululeko ka 1955 ukuthi “Ukugqilazwa kwabasebenzi, uhlelo lokuholela abasebenzi ngotshwala, izinkontileka zabasebenzi zamatoho ezingenamalungelo, kuyoqedwa.”
Siyazi-ke ukuthi ukhongolose useshaye imithetho ekuqeda nya ukuxhashazwa kwabasebenzi besikhashana kanye nalabo bezinkontileka zesikhashana. Yize kusekhona abathi lokhu akwanele, inkinga yabo ukuthi bayakhohlwa ukuthi imithetho yabasebenzi ithi umsebenzi ngamunye uqashwa ngokulawulwa imithetho yezabasebenzi.
Okusho ukuthi imithetho ayikuvumeli ukuthi umsebenzi ahlukunyezwe noma ngabe uqhashwe ngaphansi kwayiphi imigomo.
Futhi umthetho uthi bonke abasebenzi banelungelo lokuvula icala kwi- Khomishane yokuxazulula izinkinga nokuqondisa izigwegwe. Uma benganelisiwe izinqumo zaleKhomishana, abasebenzi bayakwazi ukudlulisa izikhalo zabo baziyise ezinkantolo zabasebenzi. LeKhomishana yabelwe u 770 million wamaRandi ukuze yenze umsebenzi wawo osuthe xaxa, ngenxa yezichibiyelo zemithetho yakabusha.
Ngingakubeka ngembaba nje ukuthi thina siwuKhongolose, ikakhulukazi siwuMnyango wezabasebenzi, cishe sesikwenze konke umqulu wenkululeko othe masikwenze, kanjalo nezibopho zokhetho esazenza ngo 2009 nango 2014. Lokho esingakakuqedi, okufana neholo likazwelonke, kuyaziwa ukuthi senzani ngakho.
Sihlalo ehloniphekileyo, njengamanje siphezu komshikashika okwenza izichibiyelo emthethweni wokunxephezela labo abasuke belimale emsebenzini nalabo abathole ukugula ngenxa yemisebenzi abayenzayo. Kelezichibiyelo sifuna ukuthi abasebenzi basezindlini nabo banxeshezelwe uma belimala noma bethola izifo ngenxa yemisebenzi abayenzayo.
Sifuna futhi ukuthi kube nezinhlelo zokulekelela labo abesuke belimele ukuthi bakwazi ukubuyela emisebenzini ngokushesha. Abanye, sibanika amakhono amasha ukuze babesemathubeni angcono okuthola eminye imisebenzi noma baziqalele amashishini abo.
Besicela-ke Sihlalo Ohloniphekileyo ukuthi, uma lomthetho-sichibiyelo ufika kulendlu ube ingxenye yezinto yezinhlelo eziphuthumayo ukuze abasebenzi bahlomule. Abanye babo sifuna ukubaqhasha thina siwumnyango embonini yethu yalabo abaphila nokukhubazeka. Injongo yethu ukuthi lezizichibiyelo zithulwe kulesiShayamthetho ungakapheli lonyaka ophezulu.
Kubalulekile-ke ukuthi sikusho lokhu. Yonke imithetho yezabasebenzi ikhandwa yithi sonke ngokubambisana nezinhlangano zabaqashi, izinhlangano zabasebenzi kanye nenhlangano yezakhamuzi uzwelonke. Kanjalo nomphakathi-jikelele uyanikwa ithuba lokuphawula ngeziphakamiso zethu. Lokhu kubalulekile kakhulu ngoba, esikhathini esiningi kuye kubekwe sengathi uhulumeni uvele athi makwenziwe zinto ngale kokubonisana nezinhlangano ezithintekayo.
Lokhu sikwenza eMkhadlwini wezokuxoxisana kazwelonke. Kulonyaka ophezule lomkhandlu wabelwe u 31 million wanmaRandi ukuze ukwazi ukwenza imisebenzi obekelwe yona.
Malunga Ahloniphekileyo; Kunezinhlelo eziningi esizenzayo ukusiza abasebenzi uma belahlekelwa imisebenzi, noma, kutholakala ukuthi izimboni abasebenza kuzona, zizithola zinengcindezi.
Sinezihlelo lapho izimboni zithola khona usizo lokugwema ukuthi zivalwe; sinohlelo lapho sibambisana nezimboni ukuze sivimbe ukudilizwa kwabasebenzi, uma behlangabezana nemigomo ethile.
Okokuqala kumele ukuthi umqashi osuke ebika ingcidenzi, aveze ubufakazi okuqandikhanda ngokuvula izincwadi zakhe zezimali zicutshungulwe ukuze kubonakale ukuthi ngempela lokho akushoyo kuyiqiniso, futhi kumele kube nobufakazi bokuthi uyayigcina yonke imithetho yezwe. Ngale kwalokho, kuye kube inkinga ukuthatha imali yabasebenzi kusizwe umqashi ubengabakhathelele abasebenzi, futhi ongayigcini nemithetho yezwe.
Ezinye izinto ebisethe sizozenza, Usekela-Mphathiswa womnyango, Inkosi Holomisa uzonika imininingwane nanokuthi sihambe safika-phi. Sihlalo Ohloniphekile, Isikhwama esibhekele ukunxephezela abasebenzi uma belimala emsebenzini, noma bethola izifo ngenxa yemisebenzi abayenzayo, sesibeke imali engango R5,2 billion wamaRandi ukuthi mawutshalwe ezintweni ezizovula
amathuba emisebemzi. Kuze kube manje, cishe imali egango R1,9 billion wama-Randi isitshaliwe emshikashikeni wokuvula amathuba emisebenzi.
Ngenyanga edlule, ngibe nethuba lokuyovula Isakhiwo laphaya eWelkom eFree state esinemibhede eyikhulu namashumi amabili esizosiza abasebenzi abesuke belashwa emva kokulimala noma ukuthola izifo emisebenzini. Lesakhiwo esiqale ukusebenza ngenyanga edlule, sizosiza kakhulu ekutheni abasebezi abasuke belimele bakwazi ukusimama ngokushesha ukuze babuyele emisebenzini ngokushesha.
Futhi bengishilo ukuthi lesisiKhungu sokubhekela abasebenzi abasafumana ukwelashwa, sizophinda siqeqeshe abasebenzi emakhonweni adingwa umnotho okuyinto esihlongoza ukuyifaka kulomthetho-sichibiyelo ozayo.
Umqondisi Jikelele womnyango kanye noKhomishani, benza konke okusemandleni ukushintsha isimo salesisikhwama, Ngenxa yezinkinga ebesibhekene nazo.
Sizoqhubeka nokwenza konke okusemandleni ethu ukuthi uma siphinda sibuya sizobika lapha, sinitshele okungcono kunayizolo.
Njengoba-ke imithetho siyichibiyele ngempumelelo, amandla ethu sizowabhekisa ekutheni lemithetho iyagcinwa. Sizoqinisa isandla kulabo abaqhubeka ngokungayishayi-ndiva lemithetho. Emasontweni amabili edlule besithula umbiko wokuthi uguquko luhamba kanjani ezindaweni zemisebenzi. Ikhomishani ebhekele uguquko ezindaweni zemisebenzi lukubeke kwacaca ukuthi inqubekela phambili ayigculisi nakancane.
Lokhu sekuholele ekutheni sithi labo baqashi abaqhubeka nokungayishayi-ndiva imithetho yabasebenzi, kumele balutheze olunenkume. Kudala sibanika ithuba lokwenza okumele bakwenze ngaphandle kokubaphoqa singuhulumeni, kodwa kusobala ukuthi abazimisele ukuguqula isimo.
Sekufike lapho kubonakala sengathi ukungayi landeli imithetho yabasebenzi sekuhlangene nokubukela phansi umnyango. Angikubeke ukuthi, labo abaqhubekayo nokwenza ushintsho olubonakalayo, sizoqhubeka nokubakhuthaza, kodwa ondlebekazizwa bazohlangana nezimbila zithutha, ziholwa emhlophe phambili.
Abahloli bezokugcinwa kwemithetho yabasebenzi bazophuma umkhankaso wokuzingela labo abayiziphula mthetho ukuze bajeziswe ngendlela ebafanele. Isebe labahloli lizohlomula izigidi ezingamakhulu amahlanu amaRandi (R500million) kulonyaka ukuze bakwazi ukuphakamisa izinga lokugcinwa kwemithetho.
Uhlelo lwethu lokuqeqesha abasebenzi abasuke belahlekelwe imisebenzi, lunikwe amandla athe thuthu esabelweni sezimali salonyaka. Futhi selungcono kakhulu ngoba kusukela onyakeni ophelileyo, izinhlelo seziqeqesha abantu emakhonweni anezikhala zemisebenzi.
Kunabasebenzi njengoba sikhuluma nje, abaqeqeshwayo ukuze bakwazi ukushayela amabhanoyi kanti futhi kunabanye abafundiswa ukutshuza ukuze bakwazi ukufumana imisebenzi ezindaweni ezifana nasemtateni, noma emachwebeni alelizwe. Loku sikwenza ngoba silungiselela ukuthi uma uhlelo luka Mongameli wezwe, Iphakisa – emnothweni wasolwandle, sibe sesikulungele ukuqhasha abantu bethu.
Sesitshale futhi izimali ezishisiwe ekulolongeni amakhono okwakha, lokhu sikwenza nezikole eziqeqesha amakhono kuzona zonke izifundazwe zalelizwe. Nalo loluhlelo lubekelwe imali eyizigdi ezingamakhulu amahlanu zamaRandi, (R500million). [Building and Civil Construction]
Okusho ukuthi uma umuntu eqeda ukuqeqeshwa, ungena emsebenzini. Lokhu sikwenza sibambisene neminye iminyango kahulumeni. Izinhlelo zikahulumeni zokugwema indlala, sezizoba seqophelweni eliphezulu njengoba sihlongoza ukuthatha labo abasuke beqeda ezinhlweni ezifana ne Expanded Public Works Programme, sibafake ezinhlelweni zokuqeqeshwa ezizobanika amakhono adingekayo emnothweni. Abanye sibafake ezinhlelweni ezizobaqeqesha emakhonweni okuphatha amabhizinisi kanye namaCo-operatives. Inqobo-nje uma kunobufakazi bokuthi abasebenzi abathintekayo bake bathela esikhwameni sokunxephezela abasebenzi abalahlekelwe imisebenzi.
Lokhu kuzoqiniseka ukuthi, uma abantu bethu bephuma kwi EPWP, ababuyeli endlaleni, kodwa banikwa amathuba okubuyisa izithunzi zabo futhi bakwazi ukuziphilisa, ngokuthi bathole imisebenzi, noma babe usomabhizinisi ngokwabo.
Lolu kuzoba uhlelo lukazwelonke, kodwa luzoqala kulezozifundazwe eseziqalile ukwenza loluhlobo lomsebenzi njengasesifundazweni sase North West, nalezo esezikulungele ukuqala. Ukwakha izivumelwano phakathi kweminyango eyahlukene sekuqalile ukuze lezinhlelo zihambe ngokushesha.
Sihlalo ohloniphekile, Yize isabelo sethu sezimali sehlile kulonyaka kunaleso esasiphiwe sona ngonyaka odlule, futhi sincane kakhulu uma siqhathanisa nezinto okumele sizenze, kodwa sizozama konke okusemandleni ethu ukuthi izinhlelo zethu ziphumelele. Kuthiwa-ke kubongwa okuncane, kubongwe okukhulu.
Ngivumele Sihlalo ohloniphekile, ukuthi ngibonge amalunga ahloniphekile alendlu ngokusixhasa nokusinika umkhombandlela kuyoyonke imizamo esiyenzayo yokuthuthukisa lelizwe lethu. Ngivumele futhi ngibonge Usekela-Mphathiswa weSebe Labasebenzi, Inkosi Holomisa ngoxhaso nokubambisana nathi sonke, ukuze siphumelele kukho konke esikwenzayo.
Ngibonge nabaholi bezinhlangano zabaqashi, izinhlangano zabasebenzi kanye nezinhlangano zezakhamuzi ngokubambisana nathi kukho konke esithi makwenziwe. Ngidlulisa ukubonga ku Mqondisi-Jikelele Womnyango nethimba lakhe.
Ontamo-lukhuni ebebezama ukucekela phansi uhlelo lokuxoxisana phakathi kwasebenzi kanye nabaqashi ngamaholo, luqunjwe phansi inkantolo enkulu ngesonto elendlule. Lawa ngamalungelo abasebenzi abawalwela, kukubi eminyakeni yobandlululo. Abanye babebhandle emajele kanti abanye balahlekelwa imiphefumulo yabo, belwela lamalungelo. Kuyajabhisa ke ukuthi, kukhona abafuna ukuwacekela phansi lamalungelo. Kuzomele abasebenzi basukume ngazo-zombili ukuvikela amalungelo abo.
Ngithi kini nonke, Ukwanda kwaliwa umthakathi. Uthixo anisikelele.
Ngibeka phambi kwenu Uhlahlo-Mali loMnyango Wezabasenza luka 2016/17 – olungu 2.8 billion wama-Randi ukuthi nilwamukele.
Nkosi Sikelela Umzans’ iAfrica.
SPEECH BY THE DEPUTY MINISTER OF LABOUR, NKOSI PHATHEKILE HOLOMISA (AH! DILIZINTABA), ON THE OCCASION OF THE 2016/17 BUDGET VOTE OF THE DEPARTMENT OF LABOUR TABLED IN THE NATIONAL ASSEMBLY, CAPE TOWN ON TUESDAY, 10 MAY 2016
Honourable Minister of Labour
Honourable Ministers and Deputy Ministers
Leaders of our Social Partners
Fellow South Africans
Ladies and gentlemen;
It is a singular honour for me to once more stand before you on the occasion of the presentation of our budget vote to this august house. Ndima apha ndinelunda ngendima enkulu edlalwa leli Sebe ekukhuliseni uqoqosho, ekulolongeni izakhono nasekukhuseleni amalungelo abasebenzi. Le migudu ijolise ekubeni kudaleke amathuba emisebenzi, ingakumbi ukuhlangabezana nolutsha kwintswelo-ngqesho egqubayo, ndawonye nokuphucula impilo kubantu boMzantsi Afrika jikelele.
As a governing party, as a department, we recognize our role of regulating the labour market, to ensure stability, and a vibrant economy that yields tangible benefits, including job creation. The commitments that we are making today, are aimed at improving the socio economic conditions of our people, be it in urban areas, farm dwellings, townships and far flung rural settings. For people to continue to have confidence in our government, regardless of where they live, we need to demonstrate that we are a caring government, which places a high premium on their day to day needs, their trials and tribulations, their hopes and aspirations.
Honourable Chairperson, one of my responsibilities in the Department is to ensure that all our offices have the necessary infrastructure, human resources and tools of trade to deliver services to the public. In my visits to the Provincial Offices and Labour Centres throughout the country, I have witnessed the conditions under which our Client Service Officers work. I have witnessed with my own eyes the difficulties that our offices have in meeting the public expectations as a result of inadéquate human resources, especially at the front line offices and in our inspectorate, where we interact directly with members of the public.
Honourable Members, since the dawn of democracy, government has underscored rightfully, the need to increase access to public services and the Department of Labour is no exception. Whilst we have managed to achieve this, through the building of new Labour Centres, introducing Satellite Offices and visiting points; it is also true that concomitant human and financial resources are required to ensure we deliver a professional and effective service to our people on the ground. Another area of focus for the Department going forward, is that of Inspectorate and Enforcement Services (IES). Needless to say it would be foolhardy and naïve for us to enact progressive laws that are aimed at transforming our work places, if we do not have the requisite capacity to inspect and enforce the laws, thereby ensuring compliance. Our Inspectorate and Enforcement Service is receiving attention precisely to increase its capacity, in order to hold truant employers accountable and to protect workers who are susceptible to employer malpractices and the violation of our labour laws.
Ladies and Gentlemen, protection of vulnerable workers and promotion of decent work, requires the state to have officials, who will ensure that the law is upheld and complied with. If this number is inadequate, as is the case presently, the state in its quest to enforce these laws will not have the desired impact. The dwindling financial resources as highlighted by the Minister do place an undue pressure on our officials, as the demand for our services increases on a daily basis.
Honourable Members, it is against this background, that as a department, we record and highlight the incongruence of the scope of our work, the set of objectives, versus the financial envelope to realize them. We remain hopeful that the Committee responsible for allocating budgets will consider and confront these realities over time. However, we are determined and resolute that, with the allocation at hand we shall, within the set parameters, make meaningful strides to improve the working conditions of officials in the frontline. I thought Honourable Chairperson it would be important to preface my speech with this reality.
I am, therefore, particularly pleased to share with you our achievements as per the commitments we made last year. Firstly, over the last financial year, we have improved the overall performance of the department from the dismal 42% reported in our 2014/15 annual report. I am happy to indicate that, at least for the 2015/16 financial year, we are poised to improve that to just around 62%. Secondly, we are poised to receive an unqualified audit finding from the Auditor General.
This is a clear indication of the extent to which we have improved our performance information and financial management systems. There is, of course, room for improvement.
Our ultimate goal in the outer years is to achieve a clean audit. Credit must go to our officials and the oversight structures for keeping management in check and for ensuring that we improve our systems and internal controls.
Honourable Chairperson, it is common cause that our economy is facing serious strains due to negative global and local economic factors. Each one of us in this house, every member of society and every sector of our economy, is as concerned about the state of our economy as we all are. Those of us in the world of work have to use the labour market instruments at our disposal wisely and monitor trends and indicators closely.
To this end, Productivity South Africa's efforts to improve the employment and re-employment prospects of employees facing retrenchments, as well as support for initiatives aimed at preventing job losses, is commendable. Productivity SA through the Turnaround Solutions in partnership with the Unemployment Insurance Fund, as well as the Workplace Challenges Programme of the Department of Trade and Industry.
These have done sterling work to intervene and provide sustainable solutions to a number of entities and organizations in distress this last financial year.
Productivity SA promotes employment growth and workplace productivity, thereby contributing to South Africa's socio-economic development and economic efficiencies. Its achievements in the 2015/16 financial year include supporting 4,872 Small Micro and Medium Enterprises (SMMEs), 934 Workers and 205 Managers with Productivity Improvements Solutions.
This has been achieved through exposing them to workshops focusing on Business Start-up, Business Performance Improvement, Coaching and After-care, as well as Virtual Incubation.
Honourable Chairperson, it is common knowledge that social protection plays a very important role in fighting poverty. Our social protection strategies are a crucial element of our government's effective response to adverse economic conditions. These strategies are aimed at addressing not only vulnerabilities caused or exacerbated by our slow economic growth, but also increasing preparedness for future uncertainty.
The Compensation Fund, for instance, plays a vital role in cushioning workers from the after effects of occupational injuries and diseases. It is, therefore, in the best interests of everyone that this Fund provides the best care possible to injured workers and those who are diseased.
I am pleased to announce that the Action Plan that has been implemented by the Fund in the last financial year is starting to show positive results.
For the financial year ending 31 March 2016, the Compensation Fund paid R 2,8 billion in medical claims compared to R1,3 billion in 2014/15, R137 million in compensation benefits compared to the R 103 million paid in the previous year and R968 million in pension payments compared to R671 million paid in the preceding year.
Significant progress is also being made in ensuring that we deal with claims received within a short period of time. Over the next Medium Term Expenditure Framework (MTEF) period, the Fund has set itself the target to process and authorise payment of claims within 60 days of their receipt. Whilst we have set a time-frame of 60 days, we are employing systems and processes that will ensure that we reduce this turnaround time even further.
Ladies and gentlemen, It has been proven world-wide that in times of slow economic growth, public employment programs work better, at not only equipping the unemployed with skills to survive, but also to afford them the opportunity to better their prospects of finding employment.
Our public employment services programmes are beginning to give hope to the unemployed through the vocational counseling services provided by the Department. During the past year 634 504 work seekers were registered on the Department's database, and more than 208 861 were provided with employment counselling and advice by our employment counsellors. During 2015/16 financial year this programme has ensured that 10 927 work seekers were placed in employment.
Honourable Chairperson, persons with disabilities continue to experience discrimination and are least likely to get employment opportunities in the labour market. An amount of R135 thousand and 50 million rand was allocated to the Supported Employment Enterprises in order to accelerate employment opportunities for persons with disabilities during 2015/16. These Enterprises have, despite numerous challenges, been able to achieve a Gross Profit Margin of 33% from sales revenue for the 2015/16 financial year and also improved their Supply Chain Management processes.
Honourable Chairperson, it is worth mentioning that our department plays a very important and catalytic role internationally on matters relating to the world of work. South Africa is counted as one of the key contributors and enablers to the programmes of the International Labour Organisation (ILO).
Honourable Chairperson, I'm proud to share with this house that South Africa, in the person of the Minister of Labour, Mrs Nelisiwe Oliphant, has been asked to preside over the International Labour Conference scheduled to take place in Geneva, Switzerland, next month. This is a show of confidence in our ability as a nation not only to represent the interests of our country but those of the continent as a whole.
Honourable Members, our government is a caring government and no amount of hoodwinking or misrepresentation, will detract from that. Our track record speaks for itself. Siyaqhuba!!
One of the benefits of this democracy is the right accorded to people to march and assemble in front of Parliament. Over the last few weeks we have had to contend with an unfortunate situation, where senior citizens have been camping in front of Parliament to demand pension fund monies and unemployment insurance benefits.
In our engagements we agreed with the leadership of the ex-employees from the then Ciskei Transport Corporation that the process of verification of their claims would have been concluded by the 5th of May 2016, on condition that everyone had submitted the necessary application for benefits. We are working together with other government departments such as Trade and Industry, and Public Enterprises to look into this matter to ensure they get their due benefits. The processing and payment of benefits to the qualifying claimants has commenced and some have already been paid. The Department of Labour is playing a facilitating role to ensure that the matter is concluded to the satisfaction of all who are affected.
Mhlali-ngaphambili obekekileyo, xa ndizakwehla, manditsho ndithi ucuntsu akafani noshici. Nangona oko sikunikiweyo kungonelanga, sizakuzama ukukusebenzisa ngobulali obukhulu, ukuze abantu bakuthi baqhubekeke bexhamla umvuzo wenkululeko. Nathi siyathembisa ukuba siyakuthi sizilungise iziphene ezikhokelele ekubeni singaphumeleli ekwenzeni konke ebesizimisele ukukwenza.
Ngoko ke ndingavuya ukuba olu hlahlo-lwabiwo mali lungafumana inkxaso yawo onke amaQela.
Mhlali ngaphambili obekekileyo, ndivumele ndidlulise umbulelo ongazenzisiyo kuMphathiswa weli Sebe ngenkxaso nangentsebenziswano engummangaliso endiyifumanayo kuye njengeSekela lakhe? KwiKomiti ejongene nezabasebenzi ekhokelwa nguMamZangwa sithi, "Ngxatsho ke, tshotsho nibekho". Okokugqibela ndithanda ukubulela uMlawuli-Jikelele kunye nawo onke amagosa nabasebenzi beSebe ngenkxaso nangendlela abawuthathela phezulu ngayo umsebenzi wabo.
Ndibamba ngazibini nangenkxaso endiyifumana lusapho lwam lukhokelwe nguMamTipha, Ah! Nosimanye.
UMphathiswa sele ewenzile umkhomba ndlela, ngoko ke ikhwelo lityala. Masingen'entsimini!
Minister Oliphant’s political protectionism will derail our economy: Ian Ollis DA Shadow Minister of Labour
Unfortunately for South Africa, the honourable Minister of labour is running a series of protection rackets, which are helping derail our economy! Let me explain:
Protection racket number 1 – The Nedlac Corruption Case:
Today I have tabled the Nedlac corruption report with the Public Protector and asked her to investigate the lack of action of the Minister in this regard. The Minister refuses to institute a disciplinary enquiry into the conduct of Mr. Mkhize, even though she has been given a forensic report into the corruption under his watch. Instead of suspending Mr. Mkhize, she promoted him as her special advisor at an increased salary, after he used Nedlac Credit cards to buy himself computer games, nappies, business class tickets for his wife, clothes from the Ferrari shop, services and tires for his wife’s car and more to the value, according to the report of R 1, 512, 649. 17
The DA has brought this to the attention of the Parliamentary Labour Committee, but chairperson, Ms Yengeni, appears to be in on the deal, and has point blank refused to have the Minister ever come to Parliament to answer questions on this corruption. It is significant that the case was also reported to the police in Rosebank, Johannesburg – Case number: 123/1/2015 on 26 Jan 2015 and there has been no action by the police either. The SAPS involved the Hawks in this case and the investigation has gone as dead as the ANC’s moral compass. Mr. Mkhize has never answered the charges to anyone so far.
Protection racket number 2:
The Ceppwawu case is legendary. The Minister never interfered with the work of the Registrar of Labour relations, until now. When unions from Fedusa, Nactu or others were taken to court by the Registrar, the minister was as quiet as a mouse, quite happy to let the registrar do his job. However, as soon as corruption is exposed implicating the leadership of Ceppwawu aka Cosatu, the Minister suddenly breaks all the rules to protect another racket.
The registrar asked the court to intervene in the Ceppwawu case, as his job requires. Ceppwawu had broken all regulations governing trade unions including failing to submit audited financial statements three years in a row, and mismanagement involving workers funds as reported in the media.
Suddenly at a Cosatu special CEC meeting on 26th May 2015, Cosatu decided that they will get rid of the registrar. Let me quote from the Minutes:
“By the next CEC both the Registrar and Mkalipi should not be where they are… If the Minister is in charge she must show us she is in charge by treating us as an Alliance partner.”
There is “Nothing also to stop an approach direct(ly) to the Minister of Labour to withdraw Mkalipi – he and the Registrar must be dealt with…”
After a quick meeting in Geneva, the ever-compliant minister then suspends the Registrar, in the words of the court: “Without applying her mind”.
But we shouldn’t be surprised. If one considers the Free Market Foundations case on extending collective bargaining agreements, one realises that the minister actually went to court in that case asking the court not to allow her to apply her mind!
After the court instructs the minister to re-instate the Registrar of Labour Relations, she appeals the judgement and appoints an Interim registrar, who has no experience and is quite happy to take instructions from Cosatu and buy into the protection racket over Ceppwawu. This has got to stop!
Protection Racket number 3: The case of the new mysterious Workers Association Union. (Wau). Fully aware of the fact that Cosatu is falling apart, apparently Number 1 has decided to form a new trade union and according to media reports, to covertly arrange the funding himself.
The only problem of course, is that the new union, Workers Association Union (WAU) does not comply with the legislation on trade union formation. Their application has been turned down three times, on 16 July 2013, 9 October 2013 and 29 February 2014 respectively. They were refused due to, among other matters, their office bearers not even being members of the supposed union.
Today the DA can reveal that the President himself interfered in the independence of the Registrar of Labour Relations also! The Minister summoned departmental officials to Cape Town and issued instructions to immediately register the WAU even though they do not comply with legal requirements for a union, because “Number 1 wants it done”! Next morning, hey presto, the Workers Association Union gets the rubberstamp and are duly registered as a functional trade union, no matter what the law says about it. Now that’s a WAU for you!
Let’s not forget that this Union will in future trade with workers money while being controlled remotely by secret hands. Factions in the ANC, and in Cosatu are cannibalising the Department of Labour and the Minister is facilitating it!
The ANC are failing on jobs, employment equity and uplifting the youth too:
Let me give you the lowlights:
The Quarterly Labour Force Survey revealed that unemployment increased to a record high with 8.9 million South African people, unemployed in the first quarter of 2016. Under the ANC, a staggering 355 000 people lost their jobs in 3 months.
The 16th Annual Employment Equity Report is another disaster for the ANC Propaganda Machine, but there is a lie in all the hype.
We were told: “There has been no progress on Employment Equity in the past year.” Let me expose that lie. Page 78 of the 16th CEE report, tells us that for the first time in our history, Black South Africans at the Professionally qualified level outnumber their white colleagues this year and the ANC says there is no progress! Progress is being made. The ANC tells these lies because it’s election year of course and they want to pit black and white South Africans against each other.
There is however, failure pointed out in the report too: Top Management, Senior Management and people with disabilities show almost no change from last year’s employment equity figures.
This is another colossal ANC failure. The ANC form of BEE is just not working. The minister thinks the solution is a 6 month warning to business, before punishments ensue. That’s like beating a horse that won’t cross a dangerous ravine on a rickety plank. Fix the plank Minister!
Let me give you a DA perspective on the issue:
- You need to grow the economy to improve Employment Equity results
You simply cannot drive transformation when there are even fewer jobs than last year.
2 Fix the legislation to make it easy for companies to change
The ANC thinks that by beating the nervous horse harder, you will get it to risk its life, and walk on the broken plank. Minister, like those disastrous Visa regulations, you need to fix the legislation bridge including BEE codes and you will see better results.
- Grow the black skills pipeline:
Take Civil Engineering for example. Minister, your colleagues in education have so stuffed up the education pipeline in civil engineering for the construction industry, that there are fewer black engineering graduates in this field coming out of our key universities. But you want specialist engineering companies, to now comply with new onerous BEE codes. Where must engineering companies find the black graduates to fill these positions? The few certified black engineering graduates that there are, are recruited now at salaries higher than their white colleagues, because there aren’t enough of them in the entire country. Beating the horse harder won’t help, minister, supply the black talent!
South Africa urgently needs a new government with new policies to take South Africa forward!
No Man’s Life, Liberty or Property is Safe While The Legislation is in Session: Michael Bagraim DA Shadow Deputy Minister Of Labour
We have seen the latest report from the Statistician General that youth unemployment was strongly linked to those who had not completed matric, with 57% without a job compared to 38% unemployed matriculants. We also saw that less than 20% of black Africans between the ages of 25 – 34 are in skilled occupations. Happily the study found the youth in the Western Cape were unlikely to move to other provinces and that employment was at its best in the Western Cape.
We are sitting on a powder keg whilst the Honourable Minister Oliphant is in wonderland. With deference to Alice in wonderland our Minister, the Queen of Hearts who is aloof, haughty and arrogant has not only been wholly absent from some of our major strikes but has been completely hands off in the disastrous situation at the Compensation Fund.
“If you go down to the woods today be sure of a big surprise” – Walking through the Auditor General’s report on the Compensation Fund is like a journey through the hundred acre wood looking for “Pooh’s house”. The entity did not maintain proper accounting records relating to the movement in the provision for outstanding claims and, I quote, the root cause “is the lack of understanding and proper implementation of accounting standards by management”. Furthermore the Auditor General Eeyore’s reading that “there’s a lack of management oversight to ensure that adequate and effective controls are in place to detect and prevent errors in financial information”leaves one depressed.
The fund has outstanding claims in excess of ten years and many in the medical profession have just refused to see any further compensation fund patients as they just never get paid. We are all living in Neverland. Nothing seems to get done.
This leads us to the land of Oz where we all start looking for the Wizard, the new Commissioner for the Fund. The Auditor General said “as a result of insufficient records, we were unable to verify whether the amount disclosed as impairment allowances was accurately calculated and disclosed”. I am however pleased to report that the new Commissioner, Mr Mafata, presented a plan of action for the Compensation Fund which seems to be taking us somewhere. Only time will tell. The ANC government has let the Compensation Fund implode to the extent that for four months last year no payments were made at all. The entire workforce of South Africa was exposed to both poverty and degradation.
The real Cinderella of the Department, the Commission for Conciliation, Mediation and Arbitration CCMA), which is in fact the jewel of the crown of the entire Department, is performing admirably.
Another issue to raise is the Unemployment Insurance Fund (UIF). Despite the enormous funds readily available in the Fund the public receives a run around with massive queues, lost papers and every excuse in the book provided in order to not to have to pay. Hopefully, this too will see some improvement with the proposed amendments in the offing.
Cruella de Vil comes to mind when we understand the lack of attention to job creation and certainly the onerous labour legal environment placed on business and in particular small business. The 101 Dalmatians are nothing compared to the millions who are hopelessly in the job seeking queues.
The Big Bad Wolf (our esteemed President) cannot tolerate any rules and regulations and clearly has complete disdain in most of the Ministries and in particular the Department of Labour. Despite the fact that Red Riding Hood has voiced her opinion loudly and plaintively the Big Bad Wolf tends to merely huff and puff.
In a Pollyanna story telling type fashion we keep hearing that our ANC government has a good “story to tell”. Despite the fact that we are going backwards everyday vis a viz unemployment and the only jobs that are available are those for pals. One hopes and prays the citizens of our country stand at the polling booths on the 3rd of August and understand that the current dispensation will not change unless they place their cross to allow for a DA dispensation that will move us away from a cocktail of disasters.
In an interesting Supreme Court of Appeal case against the Department of Labour, Judge Maya following to say, “it shows the utter disdain of the Commissioner, a Senior State Official entrusted with a vitally important social welfare responsibility and vast public funds (unnecessarily wasted by his persistently contemptuous conduct) for the Court, its procedures and its orders. The worst affront to the Court is that he could not even be bothered to explain himself why he repeatedly failed to comply with this order. ….. I can only agree with the appellant that the Commissioners conduct was scandalous and deserving of the strictest censure possible. It proved its case warranting his committal to prison beyond a reasonable doubt”.
The Labour Department must try to ensure there is an enabling environment for job creation and must move away from a plethora of stringent labour laws, regulations and red tape. The time to vote for the DA is now urgent as the only difference between Alice in Wonderland and South Africa is that the ANC-led government is falling down the rabbit hole to nowhere very fast.
Speech by Hon Fezeka Loliwe during the Budget Vote on Labour (ANC)
10 May 2016
Members of Parliament
There are those who would like us to believe that the past does not exist. South Africa needs a government that understands the needs of the future because it really experienced the neglect and divisions of the past.
The ANC supports each and every move aimed at improving the lives of the working class and poor. That is why we always urge workers to acquaint themselves with these pieces of legislation. One of the most important pieces of legislation is Unemployment Insurance Fund (UIF).
The UIF assists those who lose their jobs and those who stop receiving their wages for a period of time, such as during maternity leave, illness and taking care of an adopted child. Dependents can also benefit from the UIF if a breadwinner passes on. This means that there are five benefits of the UIF, namely: unemployment benefits; illness benefit; maternity benefits; adoption benefits and dependent benefits. The UIF is managed by the Public Investment Corporation (PIC).
UIF has introduced a program in which beneficiaries of UIF are trained in order to improve their skills such that they respond to the labour market. We are also about to finalise amendments to the UF Act so that they respond to the needs of the workers especially those in the vulnerable sector.
It is reported that by February 2015 the UIF had investments amounting to about R112 billion in cash and assets. It is worrying that about 80% of the domestic workers and all farm workers and their dependents do not yet benefit from the UIF because their employees continue to refuse to register. Female workers in domestic and farm employment are the most disadvantages as they cannot benefit from the fund during maternity leave.
Nginesiqiniseko sokuthi bonke abasebenzi base Ningizimu Afrika bangakujabulela ukufakwa kwi UIF ukuze bahlomule ngesikhathi bengekho emsebenzini noma bephelelwa umsebenzi.
ANC ibeka abantu kuqala, ANC ayisayi kuphumla de abantu base SA bathole ukunethezeka. Baningi abavumayo ukuthi i ANC umbutho wesizwe; umbutho onakekela amalungelo abasebenzi, bambalwa abayiphikayo.
03 August Local Elections
Speech by Hon Lindiwe Mjobo during the Public Committee Meeting: Portfolio Committee for Labour ANC
10 May 2016
As the ANC we support this budget.
In 2014, many political parties tabled their manifestos to the South Africans affording them an opportunity to assess and decide on whom to trust with the mandate to better their lives. The ANC emerged victorious as we secured the highest votes. This meant that we had a responsibility to ensure that every sphere of government prioritizes the needs of the people.
We are here to account to the nation that gave us a mandate to alleviate poverty, and redress the imbalances of the past among other things. We understand our responsibility as a committee to be monitoring over the department. We agree with the NDP, which warrants an increase in job creation. In the same vein, we believe in sustainable jobs. As a PC on Labour we also have to maintain labour peace. This cannot be achieved if the parties in an employment relationship continue to flout the stipulations of the employment contract.
The Department of Labour is one of the role players in job creation though that is not its sole mandate. In its quest to improve the lives of the citizens of this country, the department, through its service arms, has contributed in improving lives of the people.
Kulilishwa ukufumanisa ukuba abantu belizwe lethu abayiqhwabeli zandla indima nomgama osele uhanjiwe yiANC ekubancedeni,ibasusa kwimbandezelo. Mhlawumbi, balahlekiswa kukuba kukho abantu abaphikele ukuthi gqolo bephikisana nayo nayiphina inkqubela kuba besazi ukuba iza kuveza izikhewu ezazishiwe ngurhulumente wobandlululo. Wena uthe awaziqaphela inkqubo zorhulumento nazi ezinye phakathi kwenkumbula yezinto eziluncedo ezixhanyulwa ngabantu kweli lizwe:
In all our manifestos, as the ANC we are consistent in pledging to create jobs and promote job retention. DoL strives to achieve this through among others Productivity SA. Productivity SA is responsible for improving productivity of the country through providing training to SMMEs, cooperatives, managers, professionals as well as come with turnaround solutions to prevent job losses. It has capacitated more than 4800 cooperatives and SMMEs on productivity improvement projects. Our plea is that the institutions that have benefited from this capacity building should ensure that they apply the skills acquired so that they businesses thrive. We understand that in cooperatives membership may change but the skill should be shared so that it is not lost.
The mostly poverty stricken areas are the rural areas than the urban areas. The work of this entity should be extended to the rural provinces because currently it has well- established offices in Cape Town, Durban and Gauteng. The funding model for this entity may be a deterrent to its growth. It relies on funding from DTI and DoL, to an extent that 89% of its funding is from transfers. We want to encourage government department to consider using the services of Productivity SA so as to reduce its dependency on grants for survival. The growth of this entity depends on its revenue generation, which currently is only 11%. We also encourage the entity to market itself as much as they can. Despite all these the entity has managed to impact on 6500 jobs in 2015/16.
The ANC respects and value workers because they play a pivotal role in the economy of the country. We support the pieces of legislation which are in place as a safety valve should a need arise warranting the compensation of workers. One such is Compensation Fund. Compensation fund administers Compensation for Occupational Injuries and Diseases (COIDA). Many workers across sectors are exposed to dangers in their lines of duty. COIDA provides compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees, or for death resulting from such injuries or diseases as well as matters connected therewith.
Lao Tzu once said ," Be careful what you water your dreams. Water them with worry and fear and you will produce weeds that choke the life from your dream. Water them with optimism and solutions and you will cultivate success. Always be on the lookout for ways to turn a problem into an opportunity for success. Always be on the lookout for ways to nurture your dream". I chose this quote because Compensation Fund has been engulfed with challenges. It has not been performing well for some time now. As the ANC we never lost hope that it will improve. We were always criticizing it constructively within the relevant structures. We can now boldly say in our committee we were all impressed by the turn around plan that they presented. We want to indicate that as the ANC we expect full implementation of the plan, nothing less.
Employers must ensure that they pay the expected levies as this is part of the revenue of the fund. We also encourage the continued investments by the fund to boost their revenue.
All South Africans will once more cast their votes on the 3rd August 2016. I want to strengthen all those who respect democracy by quoting Luar Makhutaar, " When it is full moon, all the dogs keep barking at the moon, but the moon neither loses its light, nor moves a bit from its place." Keep on doing the good work of bridging the gap between the "haves" and "have nots".
Thank You !!!!
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