COIDA Bill: finalisation; with Deputy Minister
Employment and Labour
31 August 2021
Chairperson: Ms M Dunjwa (ANC)
Meeting Summary
The Committee met on a virtual platform to adopt the Compensation for Occupational Injuries and Diseases Amendment Bill and its report on the Compensation for Occupational Injuries and Diseases Amendment Bill [B21-2020]. Members conducted a clause-by-clause reading of the Bill
The Bill was put forward by the Committee and adopted with objections on Clause 20, 26, 28, 43, 51, 53, 54, 61 and 63 by the DA and FF+. The objections on the clauses and the report are based on the fact that they extend restrictive labour legislation. The Committee adopted the Compensation for Occupational Injuries and Diseases Amendment Bill and its report on the Compensation for Occupational Injuries and Diseases Amendment Bill [B 21—2020].
The Chairperson requested the postponement on the first and second quarterly performance reports on the Performance of the Department. She emphasised that departments and their entities must adhere to submission timeframes on reports and presentation.
Meeting report
Opening Remarks by the Chairperson
The Chairperson opened the virtual meeting, greeted Members and the support staff. She requested the Secretary take a roll call.
The Secretary noted the attendance of Members, as well as Adv. Nathi Mjenxane, Parliamentary Legal Advisor, Mr Thobile Lamati, Director-General of the Department of Employment and Labour, introduced the Deputy Minister and delegates from the Department. Guests introduced themselves.
The Chairperson indicated there are two issues that she has to reflect on. One is that the ANC Whip of the Committee has been redeployed and Mr M Nontsele (ANC) was appointed as the Whip. The second matter relates to the late submission of reports and presentations. The quarterly performance presentation of the Department was circulated to the Committee, on the previous day, and this is unacceptable. How did the Department expect Members of the Committee to go through the report in a meaningful way? She asked the Department to kindly adhere to timeframes on submissions. Members did not have much time to consider the presentation contents. The first- and second-quarterly reports on the performance of the Department will not be discussed during this sitting.
Mr M Nontsele (ANC) accepted the postponement on the quarterly performance presentations of the Department and Ms C Mkhonto (EFF) seconded the motion.
The Committee decided that the performance reports should be postponed discussed at an appropriate time.
Deputy Minister's Overview
The Deputy Minister greeted the Committee and acknowledged the presence of the Director-General of the Department. Se extended an apology from the Minister, who was attending a special Cabinet meeting. She apologised for the late submission of the presentation of the performance reports. This hampers and can compromise the work and the democracy of the oversight role of the Executive. The report was done on the last Friday and had to be amended and adopted by the management. The Department takes full responsibility and apologises for the delay. It is no excuse, but the Committee should consider the implications of the current COVID-19 pandemic. The Department was called to work on an expended scale regarding occupational health and safety as well as the provisioning of Unemployment Insurance Fund (UIF) benefits linked to COVID-19. The Department had to cut back on set targets to focus on expended work that does not reflect in the report. The Department had to increase online service to expose the new areas being addressed. It developed a plan to address the shortcomings in quarter one, which contributed positively to quarter two. The Compensation for Occupational Injuries and Diseases Amendment Bill forms part of the national security system to support and protect workers on their vulnerable points. The amendments put forward are to ensure inclusivity and to strengthen legislation.
The Chairperson excused the Deputy Minister and her team for the late submissions.
Adv. Mjenxane introduced the Compensation for Occupational Injuries and Diseases Amendment Bill and explained that it will be conducted clause-by-clause. He indicated that words that are in bold font and enclosed in square brackets are omitted from the Bill, and those that are underlined are the new insertions. The long title of the Bill will be dealt with after the reading of the Bill clause-by-clause.
Consideration of the Compensation for Occupational Injuries and Diseases Amendment Bill
Clause One
The Committee adopted clause one.
Clause Two
The Committee adopted clause two.
Clause Three
The Committee adopted clause three.
Clause Four
The Committee adopted clause four.
Clause Five
The Committee adopted clause five.
Clause Six
The Committee approve clause six.
Clause Seven
The Committee adopted clause seven.
Clause Eight
The Committee adopted clause eight.
Clause Nine
The Committee adopted clause nine.
Clause 10
The Committee adopted Clause 10.
Clause 11
The Committee adopted Clause 11.
Clause 12
The Committee adopted Clause 12.
Clause 13
The Committee adopted Clause 13.
Clause 14
The Committee adopted Clause 14.
Clause 15
The Committee adopted clause 15.
Clause 16
The Committee adopted Clause 16.
Clause 17
The Committee adopted Clause 17.
Clause 18
The Committee adopted Clause 18.
Clause 19
The Committee adopted Clause 19.
Clause 20
The Committee adopted Clause 20, with rejections from the DA and FF+.
Clause 21
The Committee adopted Clause 21.
Clause 22
The Committee adopted Clause 22.
Clause 23
The Committee adopted Clause 23.
Clause24
The Committee adopted Clause 24.
Clause 25
The Committee adopted Clause 25.
Clause 26
The Committee adopted Clause 26, with objections from the DA and FF+.
Clause 27
The Committee adopted Clause 27.
Clause 28
The Committee adopted Clause 28, but the DA and FF+ rejected it.
Clause 29
The Committee adopted Clause 29.
Clause 30
The Committee adopted Clause 30.
Clause 31
The Committee adopted Clause 31.
Clause 32
The Committee adopted Clause 32.
Clause 33
The Committee adopted Clause 33.
Clause 34
The Committee adopted Clause 34.
Clause 35
The Committee adopted Clause 35.
Clause 36
The Committee adopted Clause 36.
Clause 37
The Committee adopted Clause 37.
Clause 38
The Committee adopted Clause 38.
Clause 39
The Committee adopted Clause 39.
Clause 40
Clause 41
The Committee adopted Clause 41.
Clause 42
The Committee adopted Clause 42.
Clause 43
The Committee adopted Clause 43, but the DA and FF+ rejected it.
Clause 44
The Committee adopted Clause 44.
Clause 45
The Committee adopted Clause 45.
Clause 46
The Committee adopted Clause 46.
Clause 47
The Committee adopted Clause 47.
Clause 48
The Committee adopted Clause 48.
Clause 49
The Committee adopted Clause 49.
Clause 50
The Committee adopted Clause 50; the DA rejected the clause.
Clause 51
The Committee adopted Clause 51, but the DA and FF+ rejected it.
Clause 52
The Committee adopted Clause 52.
Clause 53
The Committee adopted Clause 53; the DA and FF+ rejected the clause.
Clause 54
The Committee adopted Clause 54, but the DA and FF+ rejected it.
Clause 55
The Committee adopted Clause 55.
Clause 56
The Committee adopted Clause 56.
Amendment of section 90 of Act 130 of 1993
Clause 57
The Committee adopted Clause 57.
Clause 58
The Committee adopted Clause 58.
Clause 59
The Committee adopted Clause 59, 93A – 93G.
Clause 60
The Committee adopted Clause 60.
Clause 61
The Committee adopted Clause 61, but the DA and FF+ rejected Clause 61.
Clause 62
The Committee adopted Clause 62.
Clause 63
The Committee adopted Clause 63, but the DA and FF+ rejected it.
Clause 64
The Bill was put forward to the Committee, and adopted with objections on clauses 20, 26, 28, 43, 51, 53, 54, 61 and 63 by the DA and FF+.
Report of the Portfolio Committee on Employment and Labour on the Compensation for Occupational Injuries and Diseases Amendment Bill [B 21 – 2020]
The Committee adopted the report, with objections by the DA and FF+. The objections on the clauses and the report are based on the fact that it extends restrictive labour legislation.
Concluding Remarks
Ms C Mkhonto (EFF) sought clarity on the objection of the report, by the DA and the FF+. The report indicated the activities conducted by the Committee and, if rejected, it is deemed as not a true reflection.
The Chairperson explained that the report reflected discussions on the Bill. This will be tabled if the report is adopted. Political parties will unpack in detail if there are objections when debated in the House; the report will then be accepted or rejected.
The Chairperson said that this was a long but necessary session. She thanked all Members for their tolerance and commitment.
The meeting was adjourned.
Audio
Documents
Present
-
Dunjwa, Ms ML Chairperson
ANC -
Bagraim, Mr M
DA -
Cardo, Dr MJ
DA -
Denner, Ms H
FF+ -
Makhubele-Marilele, Ms PP
ANC -
Mdabe, Mr SW
ANC -
Mkhonto, Ms C N
EFF -
Moloi, Ms BE
ANC -
Ngcobo, Mr SL
IFP -
Nontsele, Mr M
ANC -
Wolmarans, Mr M
ANC -
Zuma, Ms AS
ANC
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