Oversight responsibility of Employment and Labour Portfolio Committee
The Employment and Labour Portfolio Committee is responsible for oversight of the Department of Employment and Labour (DEL) as well as the following statutory entities:
Advisory Council for Occupational Health and Safety
Supported Employment Enterprises
Committees conduct their business on behalf of the House and report back on matters referred to them.
Learn more about the work of this Committee: Legacy Reports
The role and functions of Committees in Parliament (provided by Parliament)
In accordance with the powers given to it by the Constitution, the National Assembly establishes a range of committees with assigned powers and functions. The committees are required to report regularly on their activities and to make recommendations to the House for debate and decision. A large part of the Assembly’s role in the law‑making process happens in committees and much of its oversight over the executive is also done through committees, particularly the portfolio committees.
There is a portfolio committee for each corresponding government department. The composition of the committees reflects, as far as is practicable, the numerical strengths of the parties represented in the Assembly. That committee will deliberate on bills covering that department’s area of jurisdiction and scrutinise and report on its annual budget and strategic plan. As the people’s representatives, members of the committees determine whether government departments are delivering on what they promised and whether they are spending the public money they receive in a responsible manner. As part of their oversight work, committees may also do site visits where they find out directly from the people at ground level whether the government is delivering on its promises.
If a committee reports on a matter and makes certain recommendations, that report will be debated in a full sitting or plenary to give other members of the House an opportunity to engage with the content of the report. Once the report has been debated, the House decides whether to adopt the committee’s recommendations. The House may also decide only to note the report or it may refer the report back to the committee with an instruction to do further work
Broadly speaking, the mandates of Committees are to consider and process legislation referred to it; exercise oversight over the Department and entities reporting to it; consider international agreements referred to it; consider the budget vote of the Department and its entities; facilitate public participation in its processes; and to consider all other matters referred to it in terms of legislation and the Rules of Parliament
Working in Committees allows Parliament to:
-Increase the amount of work that can be done
-Ensure that issues can be debated in more detail than in plenary sessions
-Increase the level of participation of Members of Parliament (MPs) in discussions
-Enable MPs to develop expertise and in-depth knowledge of the specific Committee's area of work
-Provide a platform for the public to present views directly to MPs, something which is not possible in a plenary sitting of Parliament
-Provide an environment for Parliament to hear evidence and collect information related to the work of a specific Committee
Rule 167 of the National Assembly Rules (9th Edition) say that for the purposes of performing its functions committee may, subject to the Constitution, legislation, the other provisions of these rules and resolutions of the Assembly –
-Summon any person to appear before it to give evidence on oath or affirmation, or to produce documents
-Receive petitions, representations or submissions from interested persons or institutions
-Permit oral evidence on petitions, representations, submissions and any other matter before the committee
-Conduct public hearings
-Consult any Assembly or Council committee or subcommittee, or any joint committee or subcommittee
-Determine its own working arrangements
-Meet at a venue determined by it, which may be a venue beyond the seat of Parliament
-Meet on any and at any time, including –
- On a day which is not a working day
- On a day on which the Assembly is not sitting
- At a time when the Assembly is not sitting, or
- During a recess
-Exercise any other powers assigned to it by the Constitution, legislation, the other provisions of these rules or resolutions of the Assembly
Committee membership is distributed among the parties roughly in proportion to the seats they get in Parliament, so if a party wins 20% of the seats, its MPs will occupy about 20% of committee positions.
The NA Rules Committee agreed that all Committees will be comprised of 11 Members: ANC – 6; DA – 2; EFF – 1; other parties – 2.
Where it is practicably possible, each party is entitled to at least one representative in a Committee.
Committees in Practice
With the agreement of members, the Committee staff sets the dates and times of committee meetings. The frequency of committee meetings is determined by a committee’s work programme but it is normal for a committee to meet weekly. From time to time, committees can meet more than once a week if they work programme so demands.
Section 59(1)(b) of the Constitution requires that the National Assembly and it’s committees conduct their business in an open manner and hold their sittings in public. Section 59(2) states that the National Assembly may not exclude the public or the media unless it is ‘reasonable and justifiable to do so in an open and democratic society’. Rule 184(2) of the Rules of the National Assembly further require that any decision to exclude the public from a committee meeting or part thereof must be taken ‘after due consideration’ by that committee
Who attends Committee Meetings?:
MPs (those assigned to the committee and if they so wish, any other MP)
Committee Staff: Committee Secretary, Committee Assistant, Researcher, Content Advisor
Departments, entities, organizations, individuals and experts who are invited by the Committee to speak and be questioned
Parliamentary Legal Advisor (from time to time)
THE DIFFERENT COMMITTEES OF PARLIAMENT
The National Assembly (NA) appoints from among its members a number of Portfolio Committees to shadow the work of the various national government departments.
The National Council of Provinces (NCOP) appoints from its permanent members a number of Select Committees to shadow the work of the various national government departments and to deal with Bills.
Because only 54 of the 90 NCOP Members are permanent delegates compared to the 400 of the NA, the Select Committees oversee the work of more than one national government department.
Public Accounts Committees
The National Assembly Standing Committee on Public Accounts acts as Parliament's watchdog over the way taxpayers' money is spent by the Executive. Every year the Auditor-General tables reports on the accounts and financial management of the various government departments and State institutions.
Heads of government departments and institutions are regularly called by this committee to report and account for expenditure. The Committee can recommend that the National Assembly takes corrective actions if necessary.
The National Assembly has a number of internal committees that deal with matters affecting the running of Parliament. The Committees normally consist of senior Members of Parliament. The Rules Committee and its sub-committees deal with House rules. There are structures to deal with support for Members, internal arrangements, disciplinary matters and powers and privileges of members. Other internal Committees are the Programme Committee that plans the work of the Assembly, the Disciplinary Committee, and the Committee of Chairpersons.
The National Council of Provinces also has its own domestic Committees. The Rules Committee and its subcommittees deal with the NCOP rules. There are structures to deal with support for Members, internal arrangements, disciplinary matters and powers and privileges of members. The Programme Committee plans the work of the NCOP and the Committee of Chairpersons make recommendations about the functioning of Committees and other NCOP forums.
Ad hoc Committees
Parliament or one of its Houses may appoint an ad hoc (temporary) Committee when a special task must be done. When the task is complete, the Committee is dissolved.
The National Assembly and the National Council of Provinces together appoint a number of joint committees.
There are six Joint Committees:
- Constitutional Review Committee
- Joint Standing Committee on Intelligence
- Joint Standing Committee on Defence
- Committee on Multi-Party Women’s Caucus
- Joint Standing Committee on Financial Management of Parliament
- Joint Standing Committee on Ethics and Members’ Interests
The committees play a very important role in the process of building democracy and involving the public in the processes and activities of Parliament.
|NW2720 by Mr T A Le Goff - (1) With regard to the (a) Unemployment...|
|NW2719 by Mr T A Le Goff - (1) What total number of the (a) Unemployment...|
|NW2428 by Ms A L A Abrahams - (1)With reference to the Fourth Quarter Report...|
|NW2088 by Mr S L Ngcobo - With reference to the road and freight...|
|NW1931 by Ms C N Mkhonto - Following the visit of the Portfolio Committee...|
|NW1842 by Ms A L A Abrahams - With reference to the local office of the...|
|NW2069 by Dr M J Cardo - (1)What are the detailed statistical...|
|NW2071 by Dr M J Cardo - (a) What steps were taken to factor in the...|
|NW2193 by Dr M J Cardo - (1) Whether he will furnish Dr M J Cardo with...|
|NW2070 by Dr M J Cardo - With regard to the formation of the racial...|
|NW1930 by Ms C N Mkhonto - What permanent plan does he have to improve...|
|NW1693 by Mr M Chetty - Whether he will furnish Mr M Chetty with a...|
|NW1722 by Mr S L Ngcobo - Whether, in light of illegal and/or...|
|NW1295 by Mr K Ceza - What (a) local economic activities have...|
|NW1446 by Ms C N Mkhonto - What monitoring tools does his department have...|
|NW1425 by Ms C N Mkhonto - What total amount has his department spent on...|
|NW1418 by Dr M J Cardo - With reference to the March 2023 South Africa...|
|NW1417 by Mr M Bagraim - Whether he has been advised that the...|
|NW1006 by Ms P Madokwe - (a) What is the reason that his department has...|
|NW226 by Mrs H Denner - (1) Whether, with reference to the alleged...|
|NW83 by Mrs N I Tarabella Marchesi - What are the details of the (a) make, (b)...|
|NW193 by Mrs N I Tarabella Marchesi - (1)What are the details of the (a) destination...|
|NW462 by Mrs W R Alexander - What (a) is the salary of each (i) chief...|
|NW844 by Mr M K Montwedi - What total number of electricians are...|
|NW848 by Mr S Tambo - Whether he has been informed of the total...|
|NW705 by Mrs H Denner - (1)Whether research has been done on the...|
|NW299 by Mr S L Ngcobo - Whether, with reference to a study titled...|
|NW4396 by Mr E J Marais - What is the (a) total number of staff employed...|
|NW4684 by Mr M M Chabangu - (a) What (i) steps of intervention has he...|
|NW4465 by Mrs H Denner - Whether the (a) Compensation Fund (CF) and (b)...|
|NW4531 by Mr S L Ngcobo - Whether, with reference to community health...|
|NW4014 by Mrs H Denner - (1)What (a) total number of (i) civil claims...|
|NW3070 by Ms C N Mkhonto - What total number of farm worker cases of the...|
|NW2994 by Mr C H H Hunsinger - Whether he and/or his department submitted a...|
|NW3216 by Mr S L Ngcobo - (1)What steps is his department taking to...|
|NW3131 by Mr H C C Krüger - What total number of strikes occurred in the...|
|NW3071 by Ms C N Mkhonto - By what exact date will labour inspectors’...|
|NW3069 by Ms C N Mkhonto - What measures have been put in place to ensure...|
|NW2924 by Mr S L Ngcobo - What (a) has he found to have been the effect...|
|NW2923 by Mr S L Ngcobo - Considering the 2022 SweepSouth Report on Pay...|
|NW2769 by Mr N P Masipa - (1) What (a) is the breakdown of labour...|
|NW2516 by Mrs H Denner - (1)(a) What (i) total number of employees of...|
|NW2665 by Mr E J Marais - (1)On what date did he last attend a meeting...|
|NW2175 by Dr M J Cardo - Whether he and/or his department hosted a...|
|NW2235 by Ms C N Mkhonto - What total amount (a) has the (i) department,...|
|NW2176 by Dr M J Cardo - What incentives, since 29 May 2019, has his...|
|NW2237 by Ms C N Mkhonto - (1)Whether, with reference to his reply to...|
|NW2177 by Dr M J Cardo - Whether any of the existing (a) functions, (b)...|
|NW2236 by Ms C N Mkhonto - What (a) is the total number of identified...|
|NW2320 by Mrs C C S Motsepe - Whether his department has undertaken a study...|
|Bill name||Date introduced||Number||Status|
|Compensation for Occupational Injuries and Diseases Amendment Bill||10 Sep 2020||B21-2020||The bill has been signed into law.|
|Employment Equity Amendment Bill||21 Jul 2020||B14-2020||The bill has been signed into law.|
|National Minimum Wage Amendment Bill||19 Mar 2019||B9-2019||Act commenced|
|Basic Conditions of Employment Amendment Bill||24 Nov 2017||B30-2017||Act commenced|
|Labour Relations Amendment Bill||24 Nov 2017||B32-2017||Act commenced|
|National Minimum Wage Bill||24 Nov 2017||B31-2017||Act commenced|
|Labour Laws Amendment Bill (originally introduced as PMB 5 of 2015)||26 Nov 2015||B29-2017||Act partially commenced|
|Unemployment Insurance Amendment Bill||13 Oct 2015||B25-2015||Act commenced|
|Labour Relations Amendment Bill - Mr I Ollis (DA)||18 Feb 2015||PMB1-2015||Withdrawn|
|Unemployment Insurance Amendment Bill||12 Mar 2014||B7-2014||Lapsed|
|Employment Services Bill||06 Nov 2012||B38-2012||Act commenced|
|Employment Equity Amendment Bill||19 Oct 2012||B31-2012||Act commenced|
|Labour Relations Amendment Bill||23 May 2012||B16-2012||Act commenced|
|Basic Conditions of Employment Amendment Bill||17 May 2012||B15-2012||Act commenced|
|Skills Development Amendment Bill||17 Jun 2008||B49-2008||Act commenced|