Committee Reports

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Employment and Labour

19 February 2020
Chairperson: Ms M Dunjwa (ANC)
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Meeting Summary

The Portfolio Committee on Employment and Labour considered and adopted minutes of its meetings on 27 and 28 August, 4 September, 9,16, 23 and 30 October, and 6, 13, 20 and 27 November 2019, without amendments.

Two further issues were raised after the meeting’s formal agenda had been completed.

A Member complained about the poor planning of the Commission for Conciliation, Mediation and Arbitration (CCMA) workshop he had attended in Durban. He took issue with the accommodation arrangements, as he had been located too far from the venue and had wasted time commuting to and from the venue. He said the reason had been the failure of the Department in confirming their attendance, despite receiving their confirmation of attendance early.

Another Member raised concern over the mismanagement of the Compensation Fund, stating that businesses nationwide had not been able to receive their medical payments from the fund since September 2019. He proposed that the Committee Secretary should send a communication to the complainants to explain why the service providers had not been paid. The mismanagement of the fund was adding pressure to state hospitals, and physiotherapists had stopped treating patients.

Meeting report

The Chairperson opened the meeting with a clarification of the Committee’s mandate, stating that it must create a conducive environment for employment in the country by being proactive and going beyond the limits of the work of the Committee. By way of example, she illustrated this by citing the scenario of employment recruitment agencies that operate fraudulently by asking its members to pay fees, but fail to deliver the service they promised. She confirmed that it was the work of the Committee to investigate these types of cases to improve its legacy.

She explained the procedural formality of allowing new matters that were not reflected in the minutes to be raised only on the basis of urgency. She confirmed the sequence of the meetings as captured by the minutes.

Mr M Bagraim (DA) confirmed with the Chairperson that the minutes had already been circulated to the Members of the Committee at a prior stage, and put forth the motion that they should be addressed by focusing on the errors they may contain, rather than by each page in a sequential manner.

His motion was seconded by Ms N Nkabane (ANC), and it was adopted by the Chairperson on the basis that there were no objections to it.

Consideration of minutes

27 August 2019

The Chairperson proposed the consideration and adoption of the minutes from 27 August 2019.

The Committee did not find any errors in these minutes.

Mr S Mdabe (ANC) proposed the adoption of the minutes as they were.

Mr Bagraim seconded.

The minutes of 27 August 2019 were adopted without amendments.

28 August 2019

Mr Bagraim proposed for the adoption of the minutes as they were.

Ms N Nkabane (ANC) seconded.

The minutes of 28 August 2019 were adopted without amendments.

The Chairperson emphasised that when seconding the minutes, Members of the Committee must ensure that they were present at the meeting on the day of the relevant minutes being considered.

4 September 2019

Ms A Zuma (ANC) proposed the adoption of the minutes as they were.

Ms H Denner (FF+) seconded.

The minutes of 4 September were adopted without amendments.

9 October 2019

Mr Mdabe moved the adoption of the minutes as they were.

Ms Zuma seconded.

The minutes of 9 October were adopted without amendments.

16 October 2019

Mr N Hinana (DA) proposed the adoption of the minutes as they were.

The Chairperson advised the Committee that Mr Hinana was an alternate, and asked for confirmation that the two members of his party had attended the meeting on 16 October 2019.

Dr M Cardo (DA) and Mr Bagraim confirmed they had attended the meeting.

Ms Nkabane seconded the adoption.

The minutes of 16 October were adopted without amendments.

23 October 2019

Ms N Hermans (ANC) moved the adoption of the minutes as they were.

Mr Bagraim seconded.

The minutes of 23 October 2019 were adopted without amendments.

30 October 2019

Mr Mdabe proposed the adoption of the minutes as they were.

Ms Zuma seconded.

The minutes of 30 October 2019 were adopted without amendments.

6 November 2019

Mr Hinana moved the adoption of the minutes as they were.

Ms Nkabane seconded.

The minutes of 6 November 2019 were adopted without amendments.

13 November 2019

Mr Mdabe moved the adoption of the minutes as they were.

Ms Zuma seconded.

The minutes of 13 November 2019 were adopted without amendments.

20 November 2019

Ms Nkabane proposed the adoption of the minutes as they were.

Mr Bagraim seconded.

The minutes of 20 November 2019 were adopted without amendments.

27 November 2019

Ms Hermans proposed for the adoption of the minutes as they were.

Mr Bagraim seconded.

The minutes of 27 November 2019 were adopted without amendments.

Committee matters

The Chairperson stated that going forward they would attempt, as far as possible, to not have a backlog of minutes to be adopted when there were conditions beyond the Members’ control. She advised that the following week there would be a Portfolio Committee meeting that would commence 09h00, as the matter concerned a person who had submitted an amendment to elderly-care leave, and would make a presentation to the Committee. Thereafter the Committee would put forward questions, and after he left they would deliberate and take a decision. She anticipated the meeting to be adjourned by 10h00, after which the Committee would receive a briefing of the second quarterly report from the Department of Employment and Labour and the Compensation Fund. The Committee should receive the relevant documents related to the meeting by Friday. She emphasised that the matter required the Members to inform themselves on the Basic Conditions of Employment Act.

She informed the Committee that they were supposed to adopt the third and the fourth quarter reports at their present meeting, but she had requested the Secretariat to withdraw the reports, as there were areas of the reports that still needed to be looked into. Members could therefore expect there to be a third agenda item for the following week’s meeting.

The Members accepted the proposed agenda for the following week.

Mr Hinana raised an issue unrelated to the draft report concerning the poor planning of the Commission for Conciliation, Mediation and Arbitration (CCMA) workshop he attended in Durban. He took issue with the accommodation arrangements, as he had been located too far from the venue and had wasted time commuting to and from the venue. He said the reason had been the failure of the Department in confirming their attendance, despite receiving their confirmation of attendance early. He further lamented the poor planning of the transportation on departure, as he had had to settle his own transportation costs.

Mr Bagraim raised an issue unrelated to the draft report concerning the mismanagement of the Compensation Fund, stating that businesses nationwide had not been able to receive their medical payments from the fund since September 2019. He proposed that the Committee Secretary should send a communication to the complainants to explain why the service providers had not been paid. The mismanagement of the fund was adding pressure to state hospitals, and physiotherapists had stopped treating patients.

He said that the Department’s “Compeasy” payment system was ineffective. He proposed that the Committee Secretary should warn the complainants, and advised that the press would also be present to report on the mismanagement of the Compensation Fund and to establish what was being done about their inability to service the public.

Ms Denner seconded the proposal by Mr Bagraim, and cited examples from her own experience, where she had been inundated with complaints by service providers who had not received payment from the Compensation Fund. Some practices had been forced to discontinue their business, particularly those that specialised in Compensation Fund cases.

The Chairperson said she had taken note of Mr Hinana’s issue with logistics. The Ministry that oversaw the Department would liaise with the CCMA and Mr Zukasa regarding logistics, and would attempt to prevent the issue from happening again.

With regards to Mr Bagraim’s issue, she requested that a brief to be written addressing the issue so that it could be sent to the Department and Minister. She advised Members that on issues of that nature, they should not wait for the Committee’s formal meetings to address them, but to rather approach her, even when the Committee did not meet. She emphasised that that the urgency of the state of the Compensation Fund warranted addressing the matter before the Committee formally sat. She requested Mr Bagraim to send her a communication by the end of the day regarding the matter.

Mr Bagraim thanked the Chairperson for availing herself between meetings. He agreed to pass the matter on her via the Director General (DG). He asked whether the address of the next meeting was known, as the venue would need to accommodate many people as he had invited some of the complainants to attend the meeting.

The Chairperson confirmed the meeting would be in Goodhope Chamber, and that the minutes sent would reflect this.

The meeting was adjourned.

Documents

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