Question NW1060 to the Minister of Public Enterprises
02 August 2021 - NW1060
Van Minnen, Ms BM to ask the Minister of Public Enterprises
(a) Is Denel undergoing a section 189 process with regard to its employees and (b) is it able to pay severance packages to employees?
Reply:
According to the information received from Denel:
(a) In October 2020, Denel gave s189 notices to Organized Labour as well as the relevant applications for Commission for Conciliation, Mediation and Arbitration (CCMA) facilitation on the process in two (2) of its divisions and one (1) subsidiary on operational requirements. The CCMA facilitated process has been carried out in line with the provisions of the Labour Relations Act no 66 of 1995.
(b) Denel is fully aware of its obligation to pay severance pay as stipulated in the Labour Relations Act. Section 189(3) of the Labour Relations Act stipulates matters of consultation, which among others include Severance Pay. To the extent that the consultation process has not been concluded, Denel is unable to state if it is able to pay the Severance Packages, which are still the subject of consultations.
Recognizing the liquidity challenges that Denel continues to experience to date, and, in the event the consultation process is concluded, the parties may have to consult and reach consensus on the period within which severance pay may have to be paid.
Remarks: Reply: Approved / Not Approved
Kgathatso Tlhakudi P J Gordhan, MP
Director-General Minister of Public Enterprises
Date: Date: