Committee Oversight Reports and Programme: meeting adjourned due to lack of quorum

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Employment and Labour

11 October 2018
Chairperson: Mr BL Mashile (ANC)
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Meeting Summary

The Committee planned to consider two reports, minutes and its fourth term programme but its quorum collapsed and the meeting was adjourned. The Committee had made amendments to the report on its oversight visits to Gauteng and the Free State but processes were halted as there was no quorum.

The Committee agreed that those who attended the oversight visits had to be present to adopt the report but only one Member who had attended was present. Similarly, the other items on the agenda for consideration such as the minutes needed Members that were present at the time to verify its contents. It was thus determined that even if the Committee found alternative members to form a quorum it was not a suitable approach.

It was determined that the meeting be adjourned and the items on the agenda be moved to the following week. There was displeasure raised about the conduct of the Members who had confirmed attendance but sent apologies and the Member who had left the meeting unceremoniously. The matter would be taken further to the appropriate parliamentary and political structures.  

Meeting report

Mr D America (DA) said that some of the reports related to oversight visits and Members that were not at the visits could not approve the reports similarly the contents of the quarterly reports required certain Members. This was the dilemma he had even if two other members of parliament were found to create a quorum. He would have a problem with that approach if it was taken.

The Chairperson said that he heard Mr America’s concern but it was allowed according to the rules. The Committee was not looking for multiple members that were not part of the Committee as it was only looking for one person. If the Committee went with the view raised by Mr America, then Members present that had not gone on the oversight visit were present for no reason but this was not the case as other Members still had a role to play in ensuring protocol and compliance.

The Chairperson said as was agreed the previous day the meeting would be held today to deal with outstanding reports. In the view of other reports that would be coming before the Committee it was important to deal with these reports. He welcomed Members to the meeting. The Committee would deal with the minutes, the report on oversight to Gauteng and Free State, the Quarter four expenditure report and the programme for the fourth term in the meeting. If there were changes to the programme there had to be collaboration with the Chair of Chairs.

The Committee Secretary had requested leave and therefore was not available and had asked his colleagues to stand in for him. The Chairperson hoped headway would be made under these circumstances.

There were apologies for Ms LN Mjobo (ANC), Ms TMA Tongwane (ANC), Mr M Bagraim (DA), Mr P Moteka (EFF) and Mr WM Madisha(COPE). Ms F Muthambi would be joining the meeting late.

Ms SR Van Schalkwyk (ANC) moved for the agenda in the following order: the oversight report, minutes, quarter four report and then the Committee programme.  She was seconded by Ms LC Theko (ANC).

Consideration of Oversight Report

The Chairperson said that the oversight report was on the oversight visits to Gauteng concerning the horse racing industry and the Makro store and a hotel in the Free State.

The report was read to the Members. The report covered the Committee’s visits to Randjesfontein Country Estate, Midrand; Randjesfontein North Rand Training Centre, Sibanye Stillwater Mine in Beatrix, Free State; Protea Hotel, Bloemfontein; Makro Store, Bloemfontein; Lohan Civil Construction project in Bergman Township, Bloemfontein and its observations and recommendations for each visit.

The Chairperson asked for suggestions on how the Members wanted to deal with the report.

Ms Van Schalkwyk suggested that the Members who had attended the oversight visits be allowed the opportunity to reflect on the observations and recommendations and then propose a mover and seconder for the adoption of the report.

The Chairperson agreed but said that the body of the report had to be considered as well and if Members who were not part of the visits wanted to make corrections it was allowed.

The Chairperson went through the report page by page and outlined the grammatical and formatting errors that had to be corrected in the report.

Ms Theko said that on page two the Board Member’s name from Randjiesfontein Country Estate (Midrand) had to be included in the report and not just his title.

The Chairperson said that the name would be inserted.

Ms Theko requested that the same be done throughout the report for all the individuals the Committee had met.

The Chairperson agreed.

Ms Theko asked if the section should include mentioning “Indians” specifically.

The Chairperson said that there was a discussion about women needing to be employed in the horse racing industry and mining. But in the Human Resource Report specific mention was given to “Indians”. He said that it could be toned down but the meaning must not be lost.

Ms Theko said that on page seven the recommendations of the Committee had to be included as the Committee had made recommendations and that was why the processes had unfolded.

The Chairperson asked if what the Chief Director did on the inspection had to be included.

Ms Theko said that the first sentence about arrival was fine but the section about the Provincial Department of Labour had to be included under recommendations as it was a recommendation.

The Chairperson said that the Provincial Department had to provide a preliminary as requested the day after the visit.

Ms Theko said that the Committee had requested that a full detailed report be drafted as well and forwarded to it. The preliminary report was received on the 16th. The expected reports had to be attached to the report.

The Chairperson confirmed the amendment.

Ms Van Schalkwyk suggested that a breakdown of the racial demographics be included in the report on page eight as it referred to “Indians” and “Africans” but “Black” included “Indians”.

Ms Theko said “Africans” was broad and it had to be made more specific and state “Black” as this was what was reported in the meeting. The sentence had to be redrafted.

The Chairperson asked if the Committee observations were in order.

Ms Theko said that the observation was that the availability of services from the Department of Health as ambulances took hours to arrive in Gauteng and Free State and thus the recommendation was for the Department of Labour to engage the Department of Health so that services were provided.  This amendment was added.

The Chairperson asked for further recommendations.

Ms Theko said that the report was in order except for that it needed attachments that were promised in August. She was not sure if it was necessary to attach according to the reporting style. The report had to state which reports were submitted.

The Chairperson said that the requested reports would not be attached. When the reports were sent to the Committee it would be further processed. This report was on the period of the visit. If required when the reports were presented further recommendations would be made. He asked if the recommendations were in order with amendments.

Ms Theko confirmed that the report was correct and said that the oversight visits were well organised.

The Chairperson said that at Makro the fire extinguishers were received on the day that the Committee visited which meant it was not compliant before the visit. He was unsure if an observation about this had to be included in the report.

Ms Theko said it would be difficult to prove as Makro was a big retail store and it could have been a delivery.

The Chairperson said that the delivery bakkie with fire extinguishers came in front of him.

Ms Theko said that everything was in place at the Makro visit. The Department also had to ensure compliance and provide the Committee with a report. When the fire extinguishers had arrived would be included in that report.

Discussion

The Chairperson asked for guidance from Ms Van Schalkwyk as two Members were missing.

Ms Van Schalkwyk said that the Committee was in a difficult position because the current state of affairs was that the Committee could co-op outside members. It was not a compliance issue because the reality was that the Members who were on the oversight visit had to adopt the report. Mr America had left unceremoniously without an apology or reporting to anyone. This created a difficult situation as only Ms Theko was present to adopt the report.

In moving forward, the Committee needed a quorum of at least six Members present. Again, it was important not to co-op members as the Members of the Committee were needed to approve the items on the agenda. For example, with the minutes, the Committee needed Members that were present at the meeting to adopt the minutes. She said that the Committee did not have any other choice but to adjourn the meeting and postpone all the items on the agenda to next week Wednesday as there was not a quorum to adopt the items at hand. 

The Committee had to register its disappointment in the occurrences that transpired in the meeting because the administrative team had done its part and Members confirmed attendance but dropped out at the last minute including the DA Member which had just left the meeting. The Committee had to register the conduct of the Committee which caused fruitless and wasteful expenditure in this instance. She proposed that the meeting be adjourned and that all the agenda items be moved to the following week. She asked if the other Members had opinions on the matter.

The Chairperson said that two matters had been raised and it appeared that there were no options to get out of the situation. The Committee could not approve anything as the quorum had been collapsed. He said it was clear that the meeting had to be adjourned and the items had to be processed in the next meeting. He asked if there were any further comments.

Ms Theko said that a quorum was needed unless the Committee adjourned and found Members to reconvene with.

The Chairperson said that the meeting had to be adjourned. Some Members had promised their availability for the meeting but did not attend such as Mr Madisha and Mr America who had just left and collapsed the quorum. The concerns raised by Ms Van Schalkwyk were heard and it was fruitless expenditure as there had been catering for the meeting. What had transpired would be communicated to the Chief Whip’s office and political parties. Members of Parliament were expected to behave and not commit acts tantamount to sabotage.

Ms Van Schalkwyk said that she agreed with the Chairperson and added that the Chairperson raise the matter with his superiors as well so that the Chair of Chairs could take the matter further to management of parliament.

The meeting was adjourned.

 

 

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