Hansard: NCOP: Motion
House: National Council of Provinces
Date of Meeting: 25 Apr 2013
Summary
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Minutes
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 66
"National Council of Provinces Main",Unrevised Hansard,03 May 2013,"Take 66 [National Council of Provinces Main].doc"
"National Council of Provinces Main",Unrevised Hansard,25 Apr 2013,"[Take-66] [National Council of Provinces Main][90P-5-085b][ct].doc"
START OF DAY
THURSDAY, 25 APRIL 2013
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____________
The Council met at 14:00.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
NOTICES OF MOTION
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 66
START OF DAY
Ms B V MNCUBE: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move:
That the Council ‑
(1) debates the fraudulent practices of certain construction companies and contractors in the construction and building industries which have colluded and defrauded the government and the fiscus for their own gain and benefit, thereby having directly and/or indirectly deprived poor people of much needed services;
(2) calls on the government to urgently take appropriate steps to ensure that these practices are swiftly and thoroughly investigated;
(3) ensures that the perpetrators are brought to book;
(4) further ensures that damages are recovered from the guilty parties;
(5) even further ensures that appropriate measures are implemented to prevent arecurrence of these practices; and
(6) also ensures that guilty parties are blacklisted to prevent them from doing business with government again.
I thank you.
The CHAIRPERSON OF THE NCOP: Hon members, I must congratulate all of you because yesterday you did very well in moving your motions. Everyone was spot on and we saved time. As a result I could allow a lot of members to move their motions. So, I hope we will do likewise today.
Mr D A WORTH
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 66
Ms B V MNCUBE
Mr D A WORTH: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move on behalf of the DA:
That the Council ‑
(1) notes that the Acting MEC for Health in the Free State province, Mr Mosebenzi Zwane, has confirmed that the Health department has overspent its budget by some R300 million in the previous financial year on medicines and equipment that had not been budgeted for;
(2) further notes that state hospitals such as Bongani Regional Hospital in Welkom, Katlehong Provincial Hospital in Virginia and hospitals in Bothaville and Hoopstad owing, this one district alone, some R55 million to service providers;
(3) notes even further that this places great pressure on the budget for health services in the current financial year as any deficit from last year will be deducted from the new budget;
(4) also notes that for many years this department has only had an acting department head;
(5) recognises that the Standing Committee on Public Accounts in the Free State province has had assurances that in future it will not take so long to fill vacant posts;
(6) further takes note that the department is presently getting its priorities in order; and
(7) sincerely hopes that this is indeed so for all the patients and staff concerned.
I thank you.
Mr F ADAMS
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 66
Mr D A WORTH
Mr F ADAMS: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move:
That the Council ‑
(1) notes with concern the dismal conditions at three primary schools in Mitchells Plain, in Cape Town, where classrooms are overcrowded, there are no libraries, equipped laboratories, halls, playgrounds, sportsfields, and no or inadequate security, broken toilets and the like;
(2) further notes that these schools are located in areas which are overcome by poverty, gangsterism, crime and drug abuse;
(3) notes even further that these schools are located in areas where poor people rely on school feeding schemes, if and when available, for their only meal on any day while their families are unable to pay their school fees;
(4) also notes that despite this dismal state of affairs, the DA-led Western Cape provincial government and its provincial department of education do not respond to the outcry of these desperate pupils and schools, but instead remain silent; and
(5) takes this opportunity to call on the Minister of Basic Education and her department to intervene, as a matter of urgency, and come to the rescue of these communities and schools.
I thank you.
Mr J M BEKKER
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 66
Mr F ADAMS
Mr J M BEKKER: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move on behalf of the DA:
That the Council ‑
(1)notes that hon Annette Steyn, the DA's shadow Minister of Agriculture, Forestry and Fisheries, asked Tina Joemat-Pettersson, the Minister of Agriculture, Forestry and Fisheries, if she allocated money to the Black Association of the Wine and Spirits Industry, Bawsi;
(2)further notes that the reply of the Minister of Agriculture, Forestry and Fisheries, Tina Joemat-Pettersson, reply was yes and that an amount of R4,1 million was deposited into their account on 8 October 2012;
(3)also notes that Nosey Pieterse, the Western Cape Secretary of the Bawsi Agricultural Workers Union also thanked the Minister on his blog;
(4)notes even further that this transfer was just before the strike of farm workers in the Western Cape;
(5)therefore, the DA will ask the Public Protector, Adv Thuli Madonsela and the Auditor-General, Terence Nombembe, to investigate the reason for these funds going to Bawsi; and
(6)requests the Council to debate irregular, fruitless and wasteful expenditure in government.
I thank you.
Mr M J R DE VILLIERS
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 66
Mr J M BEKKER
Mr M J R DE VILLIERS: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move on behalf of the DA:
That the Council ‑
(1)notes that the George Mukhari Hospital in the North West of Gauteng is having financial administrative problems due to the ANC-led Gauteng provincial government's financial problems;
(2)further notes that the George Mukhari Hospital cannot sustain its food and dietary programmes for patients as planned by the criteria of Health's responsibilities;
(3)also notes that the hospital was robbed due to the nonpayment of the security firm, which had stopped its services to the hospital;
(4)notes even further that this hospital and other health institutions will run into big problems relating to safety and health risks if this situation is not adequately addressed by the Minister of Health, Dr A Motsoaledi, sooner or later; and
(5)debates the financial sustainability in the health sector.
I thank you.
Mrs R M RASMENI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 66
Mr M J R DE VILLIERS
Mrs R M RASMENI: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move:
That the Council ‑
(1) notes with concern the outcome of an audit of health centres carried out by the Department of Health in preparation for the roll-out of the National Health Insurance scheme;
(2) further notes that the audit revealed that at many clinics, community health centres and districts, regional and tertiary hospitals, there are various challenges including, but not limited to a lack of adequate or any security, lack of waste management facilities, lack of adequate water and/or electricity supply, infection control measures that are questionable and the like;
(3) notes even further that in the Western Cape some 21 health facilities managed by the DA-led City of Cape Town could not be audited as the city refused to allow such audits to be carried out;
(4) acknowledges that this negative and obstructive actions and attitudes by the DA are not only highly irresponsible and negating the principles of intergovernmental relations, but it is also clearly politically inspired and do not serve the best interest of the people of Cape Town and, in fact, deprive them of a better life; and
(5) calls on the DA to stop its obstructive and irresponsible actions and to co-operate in improving the lives of all the people, especially the poor.
I thank you.
Ms M P THEMBA
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 66
Mrs R M RASMENI
Ms M P THEMBA: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move:
That the Council ‑
(1) notes that the 13th annual report of the Commission for Employment Equity has again exposed the DA as undermining the collective efforts of the ANC government to accelerate transformation when the commission, for the second consecutive time, found that the Western Cape, under the control of the DA, is the worst performing province;
(2) also notes that while the DA is maliciously campaigning against what they refer to as "cadre deployment" by the ANC, they are removing almost all black heads of department and senior managers with the necessary expertise and capacity from their positions;
(3) further notes that this practice by the DA of marginalising Africans, Indians and coloureds is also manifested in the DA's recent attempts to close black schools, as well as in the composition of the Western Cape Executive Council which predominantly consists of white males; and
(4) takes this opportunity to call on the ANC government to intervene appropriately in order to end the perpetuation of the apartheid policies and injustices of the past by the DA.
I thank you.
Mr K A SINCLAIR
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 66
Ms M P THEMBA
Mr K A SINCLAIR: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move on behalf of the Cope:
That the Council ‑
(1) notes that the political landscape in the Northern Cape is systematically changing;
(2) also notes that this is confirmed by the fact that an independent candidate, Mr Paul Vries, with the support of Cope and the DA won the ward election in the Kheis Municipality in the Northern Cape against an ANC candidate yesterday; and
(3) notes even further that by winning this by-election the Cope, DA and Independent councillors will take control of the municipality and ensure that quality services will be delivered to all the people and citizens of the area.
I thank you.
Ms B P MABE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 66
Mr K A SINCLAIR
Ms B P MABE: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move:
That the Council ‑
(1)debates the serious consequences of acid mine drainage, not only on the environment and the resources but also on the health and quality of life of South Africans, especially those affected by it;
(2)calls on the government to urgently take appropriate steps to develop appropriate legislation and to impose stringent measures to ensure that mining companies are compelled to satisfactorily manage and deal with acid mine drainage in order to prevent it from polluting the environment and resources or to pose a health risk and otherwise;
(3)further calls for appropriate guarantees to be obtained in this regard and for the rehabilitation of mines before any mining licences are issued or before mining operations may start or proceed;
(4)notes that stringent and severe penalties should be imposed in the event of noncompliance; and
(5)also notes that stringent measures must be imposed against polluters in general.
I thank you.
MOTIONS_WITHOUT_NOTICE ///NPM (IsiZ & Engl//LIM CHECKED// END OF TAKE
UNREVISED HANSARD
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Thursday, 25 April 2013 Take: 67
Ms B P MABE
"National Council of Provinces Main", Unrevised Hansard,25 Apr 2013,"[Take-67] [National Council of Provinces Main][90P-5-085b][ct].doc"
NOTICES OF MOTION
INTEGRATED BUSINESS PARK IN GAUTENG
(Draft Resolution)
Mr B A MNGUNI: Chairperson, I hereby move without notice:
That the Council ‑
(1) notes the recent announcement by the Premier of Gauteng that a R1,6 billion industrial hub that will be South Africa's first fully integrated business park, will be developed in Diepsloot, Johannesburg;
(2) further notes that in the said area the unemployment is on the rise and people on average spend half their monthly income on transport to get to and from their workplaces;
(3) also notes that this project will bring much needed job opportunities nearer to the people and will be a major injection for economic development in the area;
(4) further notes that the project will have a commercial component that will provide approximately 19 000 job opportunities, as well as a large SMME incubator that will take business from Diepsloot and surrounding areas and provide training, as well as technical support in order to allow them to progress into full-scale businesses; and
(5) and takes this opportunity to commend the premier, the Gauteng government, business sector and all other role-players on this remarkable project on their continued efforts to promote and enhance economic development and job creation, especially in the poorer areas.
Motion agreed to in accordance with section 65 of the Constitution.
Mr B A MNGUNI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 67
Mrs A N D QIKANI
ADVERSE WEATHER CONDITIONS IN THE EASTERN CAPE
(Draft Resolution)
Mrs A N D QIKANI: Chairperson, I hereby move without notice:
That the Council ‑
(1) notes that the adverse weather conditions and floods last weekend in the Eastern Cape have wreaked havoc in the eastern parts of the province, where several people, including children, have lost their lives;
(2) further notes that homes collapsed or were swept away by the swollen rivers, while hundreds were left homeless and lost all their possessions;
(3) expresses its heartfelt condolences to the families who have lost loved ones in the floods and also to the families who have lost their possessions or were left homeless; and
(4) takes this opportunity to call on the provincial government and all relevant municipalities to assist the affected communities and displaced families.
Motion agreed to in accordance with section 65 of the Constitution.
Ms M G BOROTO
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 67
Mrs A N D QIKANI
REMEMBERING COMRADE OLIVER REGINALD TAMBO
(Draft Resolution)
Ms M G BOROTO: Chairperson, I hereby move without notice:
That the Council ‑
(1) notes that yesterday, 24 April, marked the 20th anniversary of the passing away of Comrade Oliver Reginald Tambo, who died on 24 April 1993 at the age of 75;
(2) further notes that Comrade Oliver Reginald Tambo, along with former President Nelson Rolihlahla Mandela and Walter Sisulu, founded the ANC Youth League in 1943, became the first National Secretary, and a member of the National Executive in 1948;
(3) also notes that in 1955, he became secretary-general of the ANC after Walter Sisulu was banned by the South African government under the Suppression of Communism Act;
(4) further notes that in 1958 Comrade Oliver Reginald Tambo became Deputy President of the ANC and acted as the President of the ANC after the death of Chief Albert Luthuli;
(5) also notes that in 1985 he was re-elected as President of the ANC; and
(6) takes this moment to pay a glowing tribute to this great stalwart of the national liberation movement and one of the ANC's towering giants of the struggle for freedom and democracy, a unifier and selfless leader who dedicated his life to the people of South Africa.
Motion agreed to in accordance with section 65 of the Constitution.
Mr V M MANZINI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 67
Ms M G BOROTO
RAPE ACTIVIST RECEIVES GAY GAMES SOCIAL JUSTICE LEGACY AWARD
(Draft Resolution)
Mr V M MANZINI: Chairperson, I hereby move without notice:
That the Council ‑
(1) notes that Ndumie Funda, a prominent activist against corrective rape and founder of Luleki Sizwe, a Gugulethu lobby group, has been awarded the Federation of Gay Games Social Justice Legacy Award for the 2011 games;
(2) further notes that Ndumie Funda first came into contact with the federation in 2008, when she was a volunteer at its conference in Cape Town;
(3) also notes that although Funda could not go to the official ceremony in Toronto last month, she appreciated that people were noticing her work;
(4) further notes that the federation was launched in 1982 and is held every four years, that the games are the world's largest sporting event for the LGBT, lesbian, gay, bisexual, and transgender athletes, artists and musicians;
(5) notes that while her life is in constant danger, Funda is determined to empower those who have been tortured, assaulted or disowned by their families because of their sexual orientation; and
(6) acknowledges that perceptions need to change and communities need to be educated and our justice system must improve in this regard.
Motion agreed to in accordance with section 65 of the Constitution.
Mr G G MOKGORO
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 67
Mr V M MANZINI
DESMOND TUTU ADMITTED TO HOSPITAL
(Draft Resolution)
Mr G G MOKGORO: Chairperson, I hereby move without notice:
That the Council‑
(1) notes that Archbishop Emeritus Desmond Tutu was admitted to hospital yesterday, 23 April, with a persistent infection;
(2) further notes that Archbishop Tutu underwent several tests to discover the underlying cause of the infection; and
(3) takes this opportunity to wish Archbishop Tutu a speedy recovery.
Motion agreed to in accordance with section 65 of the Constitution.
Mnu L P M NZIMANDE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 67
Mr G G MOKGORO
KWAZULU-NATAL'S EXCELLENT SERVICE DELIVERY RECORD
(Draft Resolution)
IsiZulu:
Mnu L P M NZIMANDE: Ngiphakamisa isethulo ngaphandle kokwazisa:
Ukuthi le Ndlu‑
(1)ibongele uhulumeni wakwaZulu-Natali ngokuthi uMkhandlu wase-Dannhauser ufinyelele kumaphesenti ayi-100 ngokuphakela amanzi, ugesi nokuhlinzeka ngezindlu;
(2)iphinde ibongele abantu base-Dannhauser ngoba bakuthole konke okukhombisa ukuthi isiFundazwe sakwaZulu-Natali, sibambisene neminyango kazwelonke, sikwazile ukunakekela umkhandlu osemaphandleni esigodini saseMajuba ukuze ukwazi ukuthola izidingo abazidingayo; kanye
(3)iphakamise ukuthi lo mkhandlu ubahalalisela.
Ngiyabonga.
Motion agreed to in accordance with section 65 of the Constitution.
Mr L MABIJA
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 67
Mnu L P M NZIMANDE
SUSPENDED SABC EXECUTIVES RECEIVE FULL BENEFIT PAYMENTS
(Draft Resolution)
Mr L MABIJA: Chairperson, I hereby move without notice:
That the Council ‑
(1) notes with utmost concern reports that suspended SABC Head of News, Phil Molefe, was paid full benefits amounting to R2,2 million and Chief Financial Officer, Gugu Duda, was paid R1,5 million while being at home since last year;
(2) further notes that the Minister of Communications has confirmed that these payments would continue until their disciplinary processes have been completed;
(3) takes this opportunity to condemn in the harshest possible terms this blatant abuse of the hard-earned taxes of our people; and
(4) and calls on the Minister of Communications to ensure that the investigations concerning the two staff members are expedited and if not, that these staff members return to work so that they work for the money that they are paid while the investigating processes take their course.
Motion agreed to in accordance with section 65 of the Constitution.
Mrs C DIKGALE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 67
Mr L MABIJA
NUMBER OF UNEMPLOYED GRADUATES HAS DOUBLED IN SOUTH AFRICA
(Draft Resolution)
Mrs M C DIKGALE: Chairperson, I hereby move without notice:
That the Council‑
(1) notes and welcomes the results of the recent study into graduate unemployment released by the Centre for Development and Enterprise;
(2) further notes that the study, which was published in a report entitled "Graduate Unemployment in South Africa", shows that the number of graduates in South Africa has more than doubled since 1995, increasing from 465 000 graduates in 1995 to 1,1 million graduates in 2011 and that black graduates now account for half of those figures;
(3) also notes that the report dispels the myth that South Africa is plagued by a large number of unemployed graduates and states that less than 5% of all graduates, or approximately 50 000 graduates out of the total population of 1,1 million university graduates, are unemployed;
(4) acknowledges that this study calls into question the often touted paradigm that there is a skills mismatch in the economy and that the output of our tertiary institutions is not aligned to the needs of the economy;
(5) states that while much more still needs to be done to ensure universal access to higher education for all South Africans, particularly the poorest of the poor, the conclusions reached by the study are an affirmation of the success of the policies and programmes of the ANC-led government in higher education and should provide the impetus to do even better moving forward; and
(6) and takes this opportunity to reaffirm its call to young people to pursue their studies because education remains the key to breaking the cycle of generational poverty.
Motion agreed to in accordance with section 65 of the Constitution.
Ms M G BOROTO / EKS/ LIM (IsiZulu)//LIM CHECKED// END OF TAKE
UNREVISED HANSARD
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Thursday, 25 April 2013 Take: 68
"National Council of Provinces Main",Unrevised Hansard,26 Jun 2013,"Take 68 [National Council of Provinces Main].doc"
"National Council of Provinces Main",Unrevised Hansard,25 Apr 2013,"[Take-68] [National Council of Provinces Main][90P-5-085b][ct].doc"
Mrs M C DIKGALE
ESTABLISHMENT OF AN AD HOC COMMITTEE IN TERMS OF RULE 160 OF THE COUNCIL RULES
(Draft Resolution)
Ms M G BOROTO: Chairperson, on behalf of the Chief Whip of the Council, I move:
That the Council –
(1) establishes an Ad Hoc Committee in terms of Rule 160 of the Council Rules to consider the General Intelligence Laws Amendment Bill [B 25B - 2011], the Committee to -
(a) consist of 10 members, constituted as follows: ANC 6, DA 1, COPE 1, IFP 1 and ID 1;
(b) exercise those powers in Rule 103 of the Council Rules that may assist it in carrying out its task; and
(c) report by no later than 30 May 2013.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion agreed to in accordance with section 65 of the Constitution.
Ms M P THEMBA / JN / END OF TAKE
UNREVISED HANSARD
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Thursday, 25 April 2013 Take: 69
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"National Council of Provinces Main",Unrevised Hansard,25 Apr 2013,"[Take-69] [National Council of Provinces Main][90P-5-085b][ct].doc"
The CHAIRPERSON OF THE NCOP
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LABOUR AND PUBLIC ENTERPRISES - LABOUR INSPECTION CONVENTION, 1947 (NO 81)
Ms M P THEMBA: Hon, Chairperson, the Labour Inspection Convention, 1947 (No 81) on the Order Paper appears as 1974, yet it is 1947. Chair, the main objectives of the provisions of the convention seeks to address the working conditions of workers and their protection while on duty, applying their trade.
The core provisions of the convention include the following: Firstly, the functions, duties and responsibilities of labour inspection systems; secondly, the requirements for recruiting staff; thirdly, the resources for inspectors and, lastly, the powers and obligations of inspectors.
According to the convention's provisions, each member state of the International Labour Organisation shall maintain a system of labour inspection in industrial workplaces. The system shall apply to all workplaces in respect of which legal provisions relating to conditions of work and the protection of workers engaged in their work are enforceable by labour inspectors.
These provisions set out the responsibility of labour inspectors to enforce provisions on matters such as working hours, wages occupational safety, health and welfare of workers as well as child labour.
Article 6 of the convention maintains that inspectors must be officials assured of the stability of their employment and be independent of changes of government and improper external influences. This includes promoting co-operation with other government services and private institutions engaged in labour protection, as well as with employers and workers and their unions for an effective implementation of the convention's provisions.
This is important as sound labour administration and inspection systems are fundamental for good labour market governance, equitable economic development and the effective implementation of international labour standards. Labour inspection is an essential part of the labour administration system, enforcing the fundamental function of labour law enforcement and effective compliance. It ensures fairness in the workplace and consequently leads to sustainable enterprise and economic growth.
The committee in its consideration of the Labour Inspection Convention, 1947 (No 81), noted that the real impact of labour inspectors has often been limited to the employees in the formal economy and has met challenges among vulnerable or hard to reach groups in the informal economy.
The committee, however, trusts that the Labour Inspection Unit established by the Department of Labour two years ago will address this matter for the benefit of all our workers who ply their trade within the borders of this country. Of note, however, is that our own Constitution, especially the Bill of Rights, already gives guidance on workers' rights and this makes it relatively easier for the Labour Inspection Convention to be implemented.
To date, about 143 countries have ratified the Labour Inspection Convention and for us as a country to maintain our international status as the most progressive country in dealing with labour matters and the Select Committee on Labour and Public Enterprises, after considering the Convention on Labour Inspection, 1947 (No 81) recommends the ratification of the Labour Inspection Convention, 1947 (No 81). I thank you, Chair.
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
Ms M P THEMBA / AZM MNGUNI/ END OF TAKE
"National Council of Provinces Main",Unrevised Hansard,26 Jun 2013,"Take 70 [National Council of Provinces Main].doc"
UNREVISED HANSARD
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"National Council of Provinces Main",Unrevised Hansard,25 Apr 2013,"[Take-70] [National Council of Provinces Main][90P-5-085b][ct].doc"
Ms M P THEMBA
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LABOUR AND PUBLIC ENTERPRISES ON INTERNATIONAL LABOUR ORGANISATION RECOMMENDATION CONCERNING HIV AND AIDS AND THE WORLD OF WORK (No. 200) (RECOMMENDATION, 200) AND SOUTH AFRICAN CODE OF GOOD PRACTICE ON HIV AND AIDS AND THE WORLD OF WORKS, 2012 (HIV CODE), INCLUDING ITS TECHNICAL ASSISTANCE GUIDELINES (TAGs) (ATC - 21 FEBRUARY 2013. p 271)
Ms M P THEMBA: Chairperson, the Select Committee on Labour and Public Enterprises considered the recommendation concerning HIV and Aids and the World of Work (No 200) on 20 February 2013.
The purpose of the recommendation concerning HIV and Aids and the World of Work is to protect workers against discrimination based on their HIV/Aids status. The recommendations are not binding and are only meant to guide International Labour Organisations' member states such as South Africa on how to deal with such matters.
The recommendations are the culmination of the International Labour Organisations' Code of Good Practice on HIV/Aids and the World of Work that was adopted in 2001. The code's primary objective is to set out guidelines for employers and trade unions to implement the guidelines so as to ensure workers who are HIV-positive are not unfairly discriminated against in the workplace. This includes the following provisions the creation of a non-discriminatory work environment; dealing with HIV testing as it pertains to confidentiality and disclosure; dealing with dismissals; and managing grievance procedure.
The Code of Good Practice and the recommendation concerning HIV and Aids in the World of Work recognises that the majority of people living with HIV/Aids are in their most productive years and yet many are forced out of employment owing to stigma and discrimination.
The International Labour Standard on HIV and Aids, especially Recommendation No 200, establishes principles to protect and safeguard workers living with HIV and Aids, and such protection measures, include the following there should be no discrimination or stigmatisation of workers on any grounds, real or perceived status; workplaces should facilitate access to HIV prevention, treatment, care and support; privacy and confidentiality should be ensured with regard to HIV status; there should be no mandatory HIV testing or screening for employment purposes; and the workplace response should constitute part of national policies and programmes, including those related to labour, education, social protection and health.
The Recommendation No 200 is thus built on and reinforces the principles and guidelines of the International Labour Organisation's, Code of Good Practice.
From our country's perspective, existing legislation such as the Employment Equity Act, No 55 of 1998, already makes it illegal to discriminate against any employee on the basis of his or her HIV status. Furthermore, the Department of Labour's HIV and Aids Technical Assistance Guidelines, adopted in 2000, has been revised in 2012 to give effect to the HIV and Aids Code of Good Practice in order to realise the objectives and principles contained in the recommendations concerning HIV and Aids in the World of Work, especially unfair discrimination and stigmatisation of employees living with HIV and Aids.
In its consideration of the recommendations concerning HIV and Aids, the committee noted that all the relevant stakeholders were party to the adoption of the recommendations, and that the Department of Labour adopted the recommendations in consultation with its constituents and relevant stakeholders at the National Economic Development and Labour Council.
Overall, Recommendation No 200 constitutes an unequivocal commitment by the International Labour Organisation's constituent member states and the representatives of employers and workers, in close collaboration with organisations of people living with HIV and international organisation, to tap into the immense contribution that the World of Work can make to ensuring universal access to prevention, treatment, care and support.
For these reasons, and after diligent consideration by the Committee of Recommendation No 200, the Department of Labour's Code of Good Practice on HIV and Aids as well as the HIV and Aids Technical Assistance Guidelines, the committee recommends that the Council ratify the HIV and Aids and the World of Work No 200.
I thank you, Chairperson. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
The MINISTER OF LABOUR /Mohau END OF TAKE
"National Council of Provinces Main",Unrevised Hansard,06 May 2013,"Take 71 [National Council of Provinces Main].doc"
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
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Ms M P THEMBA
ADVANCING OUR COLLECTIVE EFFORTS TO PROMOTE SOCIAL AND ECONOMIC EQUALITIES IN OUR SOCIETY
(Workers' Day debate)
The CHAIRPERSON OF THE NCOP: To those of you who are not aware, the Minister is a product of this House. [Applause.]
The MINISTER OF LABOUR: Chairperson, I was also going to say that since I am the product of this House, I believe that you will allow me to finish my speech. [Laughter.]
The CHAIRPERSON OF THE NCOP: Yes, I will allow you. [Laughter.]
The MINISTER OF LABOUR: Chairperson, hon members, ladies and gentlemen, firstly, let me congratulate this House for ratifying Conventions 81 and 200. These conventions will further improve the conditions of workers. I hope that since we will be attending the International Labour Organisation Conference, ILO, in June this year, you will also allow the members of the select committee to participate, since they were participating in these conventions when they were discussed there in 2011. I must say that the two conventions were sponsored by the South African member state. Therefore, it is very important that the members of this House participate.
It is appropriate that we should be debating the promotion of social and economic equalities as we approach May Day, which is really a day of solidarity amongst workers. It is also a day on which trade unions around the world celebrate their achievements. In our beloved country, May Day celebrations come hot on the heels of Freedom Day. Clearly, the two days complement each other.
I don't think anyone can contradict us when we boldly state that the achievement of our freedom was to a large degree predicted on the involvement of trade unions in not only shaping our new labour dispensation, but also recognising that workers' rights are human rights.
Workers were part of the collective that congregated in Kliptown to define what has now become a blueprint of the life of our young nation. These freedom-loving citizens set about charting the way forward; and they produced the Freedom Charter, a document that is just as relevant today as it was then.
As government and the Department of Labour in particular, we understand the exhortations by our forebears to mean that no one should be left behind. It means that where possible the state should make it its business to correct the imbalances of the past and bring everyone into a social net whereby no one is left to starve.
Our forebears said, and I quote:
All who work shall be free to form trade unions, to elect their officers and to make wage agreements with their employers; the state shall recognise the rights and duty of all to work and draw full unemployment benefits; men and women of all races shall receive equal pay for equal work; there shall be a 40-hour working week, a national minimum wage, paid annual leave, sick leave for all workers and maternity on full pay for all working mothers; miners, domestic workers, farm workers and civil servants shall have the same rights as all others who work; and child labour, compound labour, the tot system and contract labour shall be abolished.
That is why the democratic government has moved swiftly, not only to put into practice these exhortations, but to continue to refine the system to ensure that we are true to our promise of giving a better life to all. As you are aware, the Department of Labour has submitted a number of amendments to the founding pieces of legislation, namely; the Basic Conditions of Employment Act and the Labour Relations Act. As the ANC, this is also in line with our election promise in 2009, when we said, and I quote:
In order to avoid exploitation of workers and ensure decent work for all workers, as well as to protect the employment relationship, we will introduce laws to regulate contract work, subcontracting and outsourcing; address the problem of labour broking and prohibit certain abusive practices. Provisions will be introduced to facilitate unionisation of workers and conclusion of sectoral collective agreements to cover vulnerable workers in these different legal relationships and ensure the right to permanent employment for affected workers. Procurement policies and public incentives will include requirements to promote decent work.
The thread that runs through the Freedom Charter and our election manifesto finds particular resonance with our Constitution, which upholds the values of human dignity, equality, freedom and social justice in a united, nonracial and nonsexist society, where every South African may flourish. Section 9 of the Constitution provides for the enactment of national legislation to prevent or prohibit unfair discrimination and promote the achievement of equality.
The amendments, especially when they deal with issues of contract work and temporal employment services - labour broking, if I can just use the term that is being used presently - seek to do away with abuses in relation to the following: Labour brokers rolling over contracts of employees, thereby making workers permanent temporal employees; workers employed by a temporary employment agencies, earning less than their counterparts employed by clients, while doing the same job; workers employed by temporary employment agencies who are often unable to take up their dismissal cases with the Commission for Conciliation, Mediation and Arbitration, CCMA, and the Labour Court and are not able to enforce decisions because they are unclear about who their employer is; and that workers employed by the temporary employment agencies often do not have access to social benefits such as the Unemployment Insurance Fund, compensation and retirement funds.
Surely, it cannot be correct that some people work for food retailers for 10 years and retire with nothing to show for their sweat, or the fact that they have no medical aid or other critical benefits. It was also with the due regard to the Freedom Charter and our Constitution that we have passed the Employment Equity Act of 1998. This marked a turning point in our history as the first equality legislation that sought to contribute to the restoration of human dignity and human rights of the majority of South Africans were deprived promoting equal opportunities and fair treatment in employment through the elimination of unfair discrimination; and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups - black people, women and people with disabilities in the workplace.
Therefore, employment equity is not only a moral and human rights imperative, but a precondition for the achievement of sustainable development, economic growth and equality in the country, which should be supported by decent work initiatives. Proactive measures are required by organisations to develop and harness an inclusive and diverse workforce that is free from unfair discrimination and is reasonably demographically representative.
However, 19 years after democracy and 15 years into the implementation of Employment Equity Act, this is still not the case. It is very clear from the Employment Equity data that was presented in the 13th Annual Report of the Commission for Employment Equity released last week that white people, males in particular, continue to dominate in positions at the top and senior management levels of organisations in this country.
Figures show that whites occupy 72% of all positions at top management level. White males in particular account for 80% of top jobs. At senior management level, whites and males account for 62% and 69% of all positions respectively. This is made worse by the fact that this group is also more likely to be recruited and promoted when compared to any other group.
Progress on the employment of women, particularly black women, and people with disabilities, still remain dismal as compared to the other designated groups at the strategic decision-making levels of power. It is worth mentioning that there are positive signs at levels of professionally qualified, middle and skilled technical and junior management, where equitable representation is likely to take place in terms of black people and women if current trends continue.
It is important that as we reflect on this data that is contained in the commission's report, we bear in mind the fact that this information has been consulted upon with employees, verified, approved and signed off by chief executive officers of companies and directors-general of government departments before submission to the Department of Labour for analysis by the commission.
That fact exposes the untruth made public recently by some parties in the media, particularly the DA here in the Western Cape, that wanted to question the integrity of the data. To even question the data, which is uploaded by 90% of companies themselves through the Employment Equity Online Reporting, is even more ludicrous. It gives new meaning to the expression clutching at straws.
Therefore, it is critical to highlight that although at the inception of the Employment Equity Act we foresaw, or at least expected, some resistance from the private sector, but resistance to the Employment Equity was not expected from any level of government. However, figures from a report received shows that amongst all of the nine provinces, the Western Cape province is the worst performing when it is compared to all others in terms of race and gender at nearly every occupational level.
Data also shows that the Western Cape is also amongst the worst performing provinces in relation to black women, when taking into account their provincial economically active population demographics, both in the public and private sectors. The number of reports received from the Western Cape, both from the public and private sectors, amounted to 4 629, which is approximately 21% of 22 012 reports analysed that were received from all employers in the country.
Government accounted for 28 reports and the private sector for 4 601 that were analysed from the Western Cape. The economically active population in the Western Cape comprises of coloureds at 51%, Africans at 33,9%, whites at 14,8% and Indians 0,3%. Therefore, one would have expected that these demographics would start showing throughout the representation of various groups across each occupational level. However, this is not the case.
The reason why I am raising this is that it was only the Western Cape that was in the media before the report was even tabled before the Employment Equity indaba. The Premier of the Western Cape was saying that they were doing better than reported by the media. Therefore, we want to appeal to the delegates from the Western Cape that, firstly, they must come out clearly if they are contesting that particular report; secondly, what informed their contestations; and thirdly, also look at what is happening at government level. It would probably be better if the select committee could invite the Employment Equity Commission to come and present the full report before the committee. [Applause.]
At the professionally qualified level in the Western Cape, Africans accounted for 12,8%, coloureds 28,1 and whites 52,3%. Therefore, at the professionally qualified level, whites are dominant in seven of the nine provinces, with the exception of Limpopo and the Eastern Cape. However, the representation of whites is more than double their economically active population, in most of the provinces.
The best performing province in terms of gender equity appears to be the Eastern Cape when taking the EAP of the various groups into account. Analyses of the skilled level show that representation in terms of race and gender has been relatively reasonably in proportion to the representation of various groups in all provinces.
In summary, a few interesting observations can be made from the analyses of the provincial breakdown of race and gender, focusing on the uppermost levels, top and senior management, where the decisions are made and resources managed. If you are a black African, you stand a better chance of being in the top management in Limpopo, where this designated group constitutes 19,4% of top management. The highest percentage representation of females in top management is in the Free State, at 9,1%. [Applause.]
Indian males and females are in the lead in KwaZulu-Natal with respect to the top management representation, where they constitute 16% and 4,5% respectively. The Eastern Cape can be very proud of the fact that black people and coloureds, in particular, are very well represented at the senior management levels. [Applause.]
In the Eastern Cape, coloured males constitute 5,8% of senior management, whilst coloured females constitute 2,7%. Last week we had an Employment Equity indaba, where all the National Economic Development and Labour Council constituencies participated. With the resolutions that were taken at that particular indaba, I do believe that the report will be tabled before the select committee as well.
Nineteen years into our democracy, the effects of apartheid are still there for all to see. It is not yet noon and some among us are already talking of the sunset clause. The public sector has managed to transform, unlike some in the private sector, who seem to still flounder at implementing employment equity. For many employers, it is business as usual.
There is an urgent need for collaboration with all stakeholders to address the issues of transformation in our country. The employment equity roadshows conducted by the Department of Labour, on an annual basis provide a platform for employers to raise any concerns, or areas of compliance that they may need assistance with. Furthermore, the slow pace of transformation is one of the reasons why we have introduced amendments to the Employment Equity Act.
We believe that the amendments will not only fast-track transformation, but will also enable us to achieve our constitutional mandate by clearly defining who the beneficiaries of affirmative action are; eliminating unfair discrimination in terms of pay equity on the basis of race, gender and disability - when we were proposing that, we needed to have equal pay for the work of equal value; providing better dispute resolution mechanisms by facilitating access to the Commission for Conciliation, Mediation and Arbitration, CCMA, and Labour Court for arbitration on unfair discrimination, irrespective of whether you are a permanent or contract worker; and strengthening compliance mechanisms in the Act, including shortening the process of enforcing compliance for labour inspectors for noncompliance.
Best practice organisations value people and cultivate an environment where cultural awareness, sensitivity, fairness and integrity prosper. All employees believe that they can progress if they are qualified, motivated and work hard. This will mean that human and financial resources must be devoted to a programme that includes a formal process that is dedicated to the management of employment equity and diversity.
Let me take this opportunity to call upon all stakeholders to support the amendments to the Act, because the more we resist, the more people will persist in calling for change and transformation, not only in our labour market, but society as a whole.
I urge members of this august House also to pass the Domestic Worker Convention 189. This convention will, among other things, extend coverage for compensation for occupational injuries and diseases to domestic workers and enhance their general protection.
It goes without saying that each one of us needs to be alive to the needs of our domestic workers. I urge those who have not registered them with the Unemployment Insurance Fund to do so. Again we are proposing changes to the Unemployment Insurance Act, so that we can improve benefits for beneficiaries, as well as bringing domestic workers into the maternity benefit framework that is enjoyed by most workers in this country. Proposed changes to the Compensation for Occupational Injuries and Diseases Act, Coida, will also mean that farm workers are now covered.
If we accept that domestic workers play a crucial role in the running of our households, what follows is that we need to value their contribution and the least we could do is to give them the necessary protection. Domestic workers, like farm workers, are some of the most vulnerable workers. It is in the spirit of the Freedom Charter and the Constitution to ensure that they are protected.
In this regard, government has also used sectoral determinations as a mechanism to establish minimum wages and conditions for workers in sectors where there are few trade unions and low levels of representation of workers' interests. The process of establishing minimum wages through sectoral determinations includes public hearings. In certain sectors inputs are received inputs from collective bargaining forums that have been established by employer organisations and trade unions.
Sectoral determinations and the processes through which they are arrived at promote greater equality by lifting the wages of the most vulnerable in the labour market. At the end of the day, our overriding objective must be to reduce inequalities. Collective bargaining is a critical mechanism for achieving this.
It is our belief that constructive negotiations amongst workers, their unions, employers, and their associations are the best way to steer a path between regulations by the state, on the one hand, and relying simply on market forces on the other. There are some who will continue to advocate unchecked free market systems as the way of determining the most appropriate conditions of employment for South African workers, including the level of wages and extent of wage differentials.
This is an extreme that runs contrary to the policies of the present government. It also shows little sensitivity for the history of labour relations in South Africa, and the rights that have been won by trade unions through many years of struggle under the apartheid dispensation. More recently, we have seen another extreme, consisting of unorganised workers, expecting to gain increases on their wages through unprocedural strikes and protest action. Such actions run contrary to the policy framework of labour relations in this country.
It is not a sustainable form of engagement and will most likely have negative consequences for workers and the security of their employment. At times like these, organised labour and business have to step up and support systems of orderly collective bargaining. They also have to assist government to combat violence in public protest and industrial action.
As we prepare to celebrate May Day, let us reaffirm our support for trade unions in South Africa and internationally. They play an important role in society and in contributing to the fight of achieving greater social and economic equality. I thank you.
Ms M P THEMBA / LMM/.../TM / END OF TAKE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 72
"National Council of Provinces Main",Unrevised Hansard,29 Apr 2013,"Take 72 [National Council of Provinces Main].doc"
"National Council of Provinces Main",Unrevised Hansard,25 Apr 2013,"[Take-72] [National Council of Provinces Main][90P-5-085b][ct].doc"
The MINISTER OF LABOUR
Ms M P THEMBA: Chairperson, hon Minister and hon members, we passed the consideration of the International Labour Organisation's, 189th convention concerning decent work for domestic workers on Tuesday. The Constitution of the Republic of SA sums up the type of society we ought to build. Our struggle is about constructing a humane, caring, open, democratic, nonracial and nonsexist society. These are the norms and values that many have shed their blood for.
The experience of our democracy over the past 19 years has taught us that it is one thing to proclaim the ideal and quite another to achieve it. In the past 19 years, we have striven to fulfil the aspirations of our struggle for human dignity, freedom and equality. We can be proud as a nation of our accomplishments in such a fairly short space of time in the history of a new nation.
The challenges are clear. Many of our people are still trapped in poverty, unemployment and destitution and the levels of income inequality have, in fact, deepened. This widening inequality that has come to characterise South African society threatens all our hard-fought democratic gains. This relates to both the 10-year and the 15-year reviews conducted by the Presidency. Relative deprivation is one of the common features that characterise service delivery protests.
Decent work is one of the foundations of human rights and the fight against poverty and inequality and its promotion is the cornerstone of all our efforts. Decent work embraces both the need for more jobs and for better quality jobs. The creation of decent work and sustainable livelihood is central to the ANC government's agenda to make the creation of decent work opportunities and sustainable livelihood the primary focus of our economic policies.
The labour legislation that we have fought for and that regulates the labour market needs to be defended. It protects the rights of workers who produce the wealth of the country. The perspective of the ANC recognises the entrenched legacy of discrimination and segregation particularly in the areas of education and the economy. This implies that the imbalances of the past should be addressed as a constitutional imperative and a means towards realising the objects of the national democratic society.
As far back as the 2005 ANC National General Council, the ANC took a decision to accelerate the economic development and empowerment of poor and working class women for them to participate effectively in the economy. In this regard, women emancipation requires, inter alia, empowerment through education of women in particular.
It is noticeable that more women than men are unemployed and women-headed households are generally poorer. In this regard, building a nonsexist society is a complex social process which is not without challenges. Ensuring equal opportunities for all women entails addressing their socioeconomic challenges and needs. These include, inter alia, access to basic services such as housing, water, affordable energy, health and education.
The ANC government's wealth redistribution through policy instruments such as black economic empowerment, BEE, and affirmative action has had significant effects. We have engaged ourselves on these policy matters at the 53rd ANC National Conference in Mangaung. In this regard, patterns of income distribution and ownership not only reflect racialism but also resemble gender inequalities. The participation of African women in the economy still faces many challenges despite our having passed legislation and policies aimed at empowering women.
Women continue to dominate in the low-skilled and poorly-paid jobs. In the private sector, African women continue to account for a small figure of top management positions. In the public sector the figures are significantly better. Women empowerment is fundamental to human development. Targeted actions aimed at empowering women and fighting gender inequalities in the economic and education spheres must be undertaken. In this regard, policies and programmes seek to reverse gender imbalances, thus, making women empowerment a reality.
The issues of women economic empowerment do not take place in a vacuum. There is a global economic balance of forces at play. In this regard, we must strive to ensure equity, equality and empowerment for women. The integration of gender equity measures into the mainstream of government programmes has had a marked impact. It will thus ensure that women access socioeconomic developmental opportunities.
Part of the empowerment of women seeks to build more gender-sensitive communication skills and empower women with life skills through targeted training and support programmes. The struggle for gender equality and women empowerment is key to social transformation. The right to equality not only protects women, but makes women empowerment a state obligation.
The ANC Strategy and Tactics, 2007, document states that:
Our strategies for social transformation must seek to empower people to lift themselves out of poverty while creating adequate social nets to protect the most vulnerable in our society.
It is this approach that informs how we deal with the theme of today's debate. This approach requires that we mobilise society behind a common identity, heritage and programme; promote an active citizenry and social inclusion; embrace the interrelationship and mutual reinforcing nature of social and economic outcomes and recognise the democratic developmental state as a cardinal lever to addressing the challenges of unemployment, poverty and underdevelopment.
Our approach to promoting economic equalities in our society is informed by the ANC's vision, that creates decent, productive employment and thereby fights poverty, inequality and exclusion; promotes a complementary relationship between social forms of ownership – eg co-operatives and public ownership - and the private sector, which is geared towards the attainment of our economic transformation objectives; develops an integrated industrial base that delivers basic goods and services to the majority; is labour intensive and overcomes balance of payments problems; eliminates the spatial disparities within our country; and integrates our communities in the mainstream of economic activity.
The ANC's approach in building the developmental state seeks to guide government to introduce a clear programme of action to overcome our developmental challenges. In his 2010 state of the nation address, President Jacob Zuma emphasised the need to create sustainable jobs, provide opportunities for women and ensure rapid service delivery for marginalised areas.
Our strategy and tactics, as adopted at the 52nd ANC National Conference in Polokwane in December 2007, states that:
We shall strive for a macroeconomic balance that supports growth and development balances as requirements to ensure higher rates of growth, labour absorption and poverty reduction.
Taking forward our programme of economic transformation requires united action by all sectors of the South African society. We need social dialogue and agreements to advance our strategic objectives. The social partners need to work together to define the common interests of the nation and identify the sacrifices required of themselves towards realising this vision. The ANC plays the role of catalyser and leader in the process of bringing these partners together. I thank you.
Mr V M MANZINI /Mosa//A N N(ed)/ END OF TAKE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 73
Ms M P THEMBA:
"National Council of Provinces Main",Unrevised Hansard,25 Apr 2013,"[Take-73] [National Council of Provinces Main][90P-5-085b][ct].doc"
Ms M P THEMBA
Mr V M MANZINI: Hon Chair, today we are talking about Workers' Day as it is a national public holiday in South Africa. Since 1994, it has been celebrated on the first of May each year. The day has its origins within the historical struggles of workers and their trade unions internationally for solidarity between working people in their struggle to win fair employment standards and more importantly establish a culture of human and worker's rights; and ensure that these are enshrined in the international law and the national law of those countries align to the international labour organisation.
In pre-1994 South Africa, the demand for the annual observance of the day as a public holiday became a rallying point for workers and their trade unions, and was one of a number of annually significant days to symbolise and mobilise resistance to the apartheid government and its racial policies. The day serves as a stark reminder to government of the power of the working class. Workers are the lifeblood of the nation and building blocks of any country. They work collectively to promote socioeconomic equalities in our nation and society at large. The Nobel Peace Prize Laureate Albert Luthuli said: "What we need is the courage that rises with danger."
If our workers stand together and have the courage, they will achieve their goals. The Bible tells us in the book of Joshua, chapter one, verses seven to eight:
Only be strong and very courageous... For then you will make your way prosperous, and then you will have good success.
Yes, we can and we will succeed.
Hon Chair, workers protested for a better living wage, access to better health and wealth redistribution – relevant and urgent problems that still impair our country. The DA is not simply a party for minorities, and must never be. We will work every day to redeem the trust that these workers have placed in us, and we will push hard for their rights and interests. What is good for South Africa must be good for the DA. The nationwide farm workers' strike was seen as the beginning of a nonviolent revolution that will redistribute income. That was spoiled by those who were not workers indeed!
Hon Chair, Martin Luther King, Jr said:
The curse of poverty has no justification in our age... The time has come for us to civilise ourselves by the total, direct and immediate abolition of poverty.
The income disparities in South Africa have continued to widen in the last five years. Private corporations and the government have continued to concentrate wealth into the hands of the opulent minorities through remuneration packages, chief executive officers, CEOs, and senior personnel that are taking off like rockets while workforce remuneration packages remain fairly static. It is obvious that workers are going to be disgruntled. Loss of jobs adds to their discontent. Income inequalities in our society has widened to a point where South Africa is the world's most unequal society. This is happening under the ANC-led government that promises a better life for all.
When coming to statistics, the Commission for Employment Equity, CEE, report points out that six out of nine provinces were found to have over 70% white representation in top management positions. This is the public and private sector combined. Accordingly, here are the statistics: When coming to the Western Cape, the top management is 79% ... [Interjections.]
Mr T L MAKUNYANE: Hon Chair, will the member be prepared to take a question?
Mr V M MANZINI: Unfortunately, I am not prepared!
The TEMPORARY CHAIRPERSON (Mr F Adams): Unfortunately, hon Makunyane, he is not prepared to do that.
Mr V M MANZINI: ... the senior management service is 68%; and 52,9% are professionally qualified. In the Eastern Cape, top management is 71,9%; senior management service is 60,4; and 27,3% is professionally qualified. In the Northern Cape, top management is 66,1% compared to 60,8% of senior management service. Then ... [Interjections.]
AN HON MEMBER: But, what are you comparing?
Mr V M MANZINI: I am talking about the CEE report. You have to listen. When coming to the Western Cape, we have this occupational level where the top management's compared salary bands are between 15 and 16.
Mr M J R DE VILLIERS: Chairperson, on a point of order: Is it parliamentary for other members to talk while the speaker is on the podium?
The TEMPORARY CHAIRPERSON (Mr F Adams): Order! That's not a point of order, hon De Villiers.
Mr V M MANZINI: Hon Chair, George Orwell, in his book Animal Farm said: "All animals are equal, but some are more equal than others."
Something has to be done to contain salary packages in order to reduce income disparity increase economic opportunity for all and to allow social justice to prevail. The masses are waiting to see how the ANC tackles these issues. Teachers ... [Time expired.]
The TEMPORARY CHAIRPERSON (Mr F Adams): Hon member, unfortunately your time has expired. I've given you an extra minute, but you've gone over that.
Mr V M MANZINI: Thank you for just disturbing me!
Mr M P JACOBS / KC//A N N(ed) / END OF TAKE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 74
"National Council of Provinces Main",Unrevised Hansard,26 Apr 2013,"Take 74 [National Council of Provinces Main].doc"
"National Council of Provinces Main",Unrevised Hansard,25 Apr 2013,"[Take-74] [National Council of Provinces Main][90P-5-085b][ct].doc"
The TEMPORARY CHAIRPERSON (Mr F Adams)
Mr M P JACOBS: Chairperson, hon Minister, and all protocol observed, let me pay my respects to the leadership collective in this august House. As we will be celebrating Workers' Day, we need to take stock and reflect on the role played by the working class in bringing freedom and democracy to this country.
The history of this country will not be complete without mentioning the workers' struggle. Let me remind those who have forgotten that it is the workers under the umbrella of the SA Congress of Trade Unions, Sactu, and Cosatu who fought side by side with the liberation movement to break the shackles of apartheid oppression. It was these workers who became the voice of those who were silenced. It was these workers who took to the streets, demanding the release of our leaders. It was these leaders who came face to face with the enemy. It was Cosatu that mobilised the workers to defy the apartheid regime. It was Cosatu that cried for the unbanning of the leaders and the release of the leaders from prison. How can dare we today forget the sacrifices made by these workers? How can we forget such an ally?
We don't need a divided Cosatu, nor do we need a divided ANC or SACP. The culture of debate has been the backdrop of our movement. We allow comrades to debate and differ, because it allows us to understand ourselves and what we need to achieve. The culture of debate has been with us, and will be with us, for some time to come. We allow ourselves to debate and differ, but those debates are not endless. There comes a time when we have to subject these debates to the will of the majority. These trends have been with us and will be with us for some time to come. We also allow dissenting voices, but these also are not endless. Those who take dissenting to the extreme are allowed to seek greener pastures, as it happened with the PAC, UDM, and Cope.
I am fully in agreement with Cosatu when it says that the workers of this country have not yet fully benefited from the wealth of this country. The wealth is still with big business and capitalists that are protecting the spoils with impunity. The wealth of this country is still in the hands of the few who are not prepared to share it with the majority. The land and its resources are still in the hands of the few. How can we not listen to the voice of reason, our ally, when it cautions us about these defects? Our theme is more than relevant, because we need to advance our efforts with speed to bring socioeconomic quality in our society. The wealth, the land, must reflect the demographics of this country. Chairman Mao said:
Our duty is to hold ourselves responsible to the people. Every word, every act, and every policy must conform to the people's interest and, if mistakes occur, they must be corrected – that is what being responsible to the people means.
The criticism does not mean that the ANC-led government has done nothing for the workers of this country. The workers enjoy sound, progressive labour laws that allow them to seek better salaries and working conditions in their quest for a just society. Our public sector is competing with the private sector. This has led to the emergence of the black middle class coming from this sector. The government is committed to improving their socioeconomic conditions. The ANC-led government has introduced a gap market subsidy to accommodate those workers who cannot get Reconstruction and Development Programme, RDP, houses and, at the same time, cannot get loans from the banks.
We are challenging big business to play a role in uplifting the conditions of its workers. The government is playing its role, and big business should also play its role. It takes two to tango. Workers should not be used as tools to generate big profits for them. They are human beings who must be assisted to improve their socioeconomic conditions, by paying decent wages, subsidising them in acquiring houses, and assisting them to own their own businesses. It is a wrong notion that workers should work until their pensionable age. Hon Minister, we need to put into legislation a law that will allow big business to accredit workers who had been with the company for six years with a certificate with the assistance of the Sector Education and Training Authority, Seta. Gone are the days where workers will only be "handlangers" [helpers] for the rest of their lives.
As I conclude this debate, I want to make a special plea to big business, the captains of industry, to be patriotic. The ANC has shown its patriotism by sharing the political freedom with every South African, black and white. Big business must also show that patriotism by sharing its wealth with every South African, irrespective of colour or creed, in order to advance their socioeconomic conditions equitably. Comrade Patrice Motsepe has shown the way – how to share this wealth – with ordinary, poor South Africans. Now it is your turn.
I conclude by quoting myself in a message sent to my comrades on New Year's Eve:
It is a long, road to a better life. It is a road which is thorny, filled with bitterness, poverty, greed, selfishness, and hopelessness. As a revolutionary cadre, as you enter the new year, may you assist to bring change in other people's lives.
Big business, may you assist in bringing change in other people's lives. I thank you. [Applause.]
Mr Z MLENZANA/Mia / END OF TAKE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 75
"National Council of Provinces Main",Unrevised Hansard,25 Apr 2013,"[Take-75] [National Council of Provinces Main][90P-5-085b][ct].doc"
Mr M P JACOBS
Mr Z MLENZANA: Chairperson, traditionally Workers Day in South Africa is a national public holiday to celebrate and commemorate the struggle of the working class. The South African Communist Party, SACP, and the labour unions did stunning work to fight and systematically transform the unfair labour practices of the apartheid regime. Workers Day is commemorated by more than 80 countries in the world. All have the same quest at heart, which is to fight for fair labour practices and employment standards. Cope urges all interested parties in this country to unite and fight for macro-economic stability and sustained economic growth.
Government is doing something but it is too little to secure the rights of workers. Definitely, we can do more in this beautiful country for our patriots. Cope calls for improved working conditions where incentives may better the quality of workers' lives. We need a social plan that addresses the needs of retrenched workers; that workers can find decent work near their homes; that the poor transport issue be addressed.
The National Development Plan, NDP, must be implemented, but workers need creative solutions. Workers can no longer afford window-dressing. We can't continue having the best policies in the world whilst poverty is increasing due to lack of implementation, arrogance and poor service delivery. We need a firm hand in addressing wasteful and fruitless expenditure and unaccountability.
Cope calls for more funding and grants to make the proudly South African campaign realisable so that workers can benefit from the country resources. Cope argues for the fair distribution of wealth. We have mineral resources, but we export the bulk. Workers are not sufficiently incentivised and motivated to start their own enterprises using raw material from our own soil. Workers' rights must be defended and the ruling party must address this concern, for the bulk of the voters voted for it ...
IsiXhosa: 15:33:13:13
... ukhe ubeve kaloku, bathi balawula ngesininzi, wonke umntu wavotela bona ...
English:
... but that does not mean workers must be taken for granted. The ANC is failing the workers. The ANC is offering empty promises and nothing more. We can go to town, the Marikana massacre, the e-tolls, the De Doorns farm workers' issues are just but a few examples which show that the majority of the South African electorate are taken for granted by the ruling party.
Cope calls for a united front to give dignity back to workers because they keep the economy running. Without these workers streets will be dirty, our children will be sick, and without these workers our children will be uneducated, hence workers are the diamonds of this country. We have a responsibility to look after them. Thank you. [Applause.]
Mr R J TAU / JN / END OF TAKE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 76
"National Council of Provinces Main",Unrevised Hansard,13 May 2013," Take 76 [National Council of Provinces Main].doc"
"National Council of Provinces Main",Unrevised Hansard,25 Apr 2013,"[Take-76] [National Council of Provinces Main][90P-5-085b][ct].doc"
Mr Z MLENZANA
The HOUSE CHAIRPERSON (Mr R J TAU): Hon Chairperson, hon Minister, I think we all agree that today is a very important day or we are having an important debate. However, it's also quite unfortunate for us to then grandstand and not want to deal with the real issues that are confronting workers.
We all know that the struggle of workers was not a mechanical process. It was not something invented by the ANC, but something that evolved as a result of an economic system that brought about clashes between two classes. In this instance, it was the working class and the capitalist class, the bourgeoisie against the working class, the working class fighting for its freedom. It is not the ANC. It is not this government.
And, lest we forget what had happened in 1922 in this country, with the Rand Revolt, where the state unleashed the army, not even the police, but the army, to kill workers. It was in defence of the interest of the capitalist system, and they have found it necessary to suppress workers in order for them to be able to maximise their profits.
And, lest we forgot what happened early in the 1970's with the Potato Boycott. Who will forget the name such as the "Lion of the North", a leader from the East was led the struggle against the exploitation of farm workers, farm children and farm women? Lest we forget that, because we are quick to pass the buck and blame the ANC.
Lest we forget even that our struggle, up to the point where we were able to then have our democratic breakthrough, came as a result of a massive organisation called the United Democratic Front, the UDF - the formation thereof and how it was able to play a central role that led to the formation of Cosatu. And we want to divorce these things and attribute them to the ANC. How opportunistic we are. How do we find ourselves being so comfortable and wanting to block and blame the ANC?
The ANC has put in place all the pieces of legislation, including the very important one, the Labour Relations Act, which seeks to protect workers, extend workers' rights, and protect workers' rights to organise, mobilise and bargain. We don't see this as an effort by the ANC to improve and better the lives of workers, but we are rather quick to say that the ANC has failed our people.
Who is the DA representing in any case? It represents monopoly capitalism; it represents the very same farmers that let conditions being the way they are currently in De Doorns. What has the DA done to improve the lives of our people in De Doorns?
Instead, when the Minister intervened and tried to put up a system wherein there shall be determination, who was the first to make noise around the issue? It was the shop stewards of monopoly capitalism, which operates within the farming environment. Again, you come back and want to grandstand and say the ANC has failed our people. How come? How opportunistic are you in relation to those kinds of things?
In actual fact, it would have been so interesting to hear us in this current epoch of the workers' struggle that we work collectively as political parties. Now, we should be calling on monopoly capitalism to strengthen and ensure that worker organisations are united and strengthened because we are now seeing a pattern that is creeping in.
What is this pattern doing? It places workers against workers. It has now shifted the attention from the clashes of the bourgeoisie and the working class to the interest of the working class. Instead, the pattern is now playing itself out, where workers are now beginning to clash amongst themselves. Who is celebrating? Is it government that is celebrating? No, it cannot be the government; the government has tried to put systems in place to ensure that there is no unrest within the labour industry in South Africa.
Government has put systems in place for us to build a state that would be able to unlock the available economic interests and absorb the young people who are unemployed - that army of unemployed people - as we speak. Our government has put such systems in place, but we want to come here and grandstand that our government has failed workers, without giving any facts, without supporting your argument - be it an ideological or opportunistic argument. [Interjections.]
The TEMPORARY HOUSE CHAIRPERSON (Mr F Adams): Order, order hon members!
Mr Z MLENZANA: Chairperson, I'm just checking if the hon member is ready to take my question.
The HOUSE CHAIRPERSON (Mr R J Tau): Most definitely. [Interjections.]
The TEMPORARY CHAIRPERSON (Mr F Adams): Put your question, hon member.
Mr Z MLENZANA: Hon Chairperson, I want to check with the hon member if the ANC-led government is implementing the Labour Relations Act to the fullest? If yes - because I know that you are going to say yes ...
The TEMPORARY CHAIRPERSON (Mr F Adams): No, no, ask your question, don't ...
Mr Z MLENZANA: ... why does the Minister of Basic Education renege on the Labour Council's decisions?
The HOUSE CHAIRPERSON (Mr R J Tau): Unfortunately, the question is irrelevant to what we are engaged with here. But, for your benefit, the Minister has not said that she was not prepared to engage with the labour unions. The Labour Relations Act creates that environment - a platform for collective bargaining.
The Minister has gone out publicly to say: I am prepared to engage with the department - with the trade union movement. I am prepared to share ideas on how best we can bring stability within the education sector. She never said unions were talking nonsense. I have not heard our Minister saying that. I hope that will assist in responding to your question, if it was a question. [Applause.]
The HOUSE CHAIRPERSON (Mr R J Tau): In conclusion, today the main issue that we need to be preoccupied with is the extent to which we need to close the gap in inequality. It's the way in which we will be going out there as public representatives to ensure that, in our constituencies, we work with the trade union movement, we mobilise the trade union movement and seek to strengthen them in order for them to continue fighting for their rights. It is only by doing that and by working together with the department that we shall build a better South Africa.
We heard a Minister, who had come to us and said:
I want to work with you; I cannot do it alone as a Minister, but through you and with you as public representatives, I can be a better person and my department will therefore be a better department that will work towards ensuring that the lives of our people improve.
[Applause.]
The MINISTER OF LABOUR / Kn/ARM (Edited)/ END OF TAKE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Thursday, 25 April 2013 Take: 77
"National Council of Provinces Main",Unrevised Hansard,03 May 2013,"[Take 77 National Council of Provinces Main].doc"
"National Council of Provinces Main",Unrevised Hansard,25 Apr 2013,"[Take-77] [National Council of Provinces Main][90P-5-085b][ct].doc"
Mr R J TAU
The MINISTER OF LABOUR: Thank you, Temporary Chairperson firstly, I just want to start by assisting hon Mlenzana. In terms of training of retrenched workers, we have skills development in this country, and the skills fund is under the Department of Higher Education and Training. It is specifically to train those who were retrenched so that they can re-enter the labour market.
Secondly, the hon member says the ANC is offering empty promises. He quoted the issue of Marikana and De Doorns. I just want to assure the hon member that what happened in Marikana was outside the ambit of the Labour Relations Act. It was the committee of workers who decided to leave the strike, which is why there is a Farlam Commission. Perhaps the hon member will have to wait for the outcome of that commission. Some of us attended those particular events. The reason why there was such labour unrest is precisely because the company negotiated outside the ambit of the bargaining agreement that was on the table and which had already been signed by the relevant unions that are recognised in terms of the Labour Relations Act. I do not want the members to use these particular incidents because they were out of context in terms of the labour relations of this country.
On the issue of De Doorns, the strike that happened was mobilised by the farm workers themselves and the employers and the workers called the Minister of Labour to tell her to review the sectoral determination. That is why I had to review that sectoral determination; because the signatories had agreed to do so. It was in the context of the Labour Relations Act. Therefore, whatever the hon member is saying must be aligned with the laws of this country.
The other issue concerns the fact that the people shall share the minerals of this country. We have the legislation that talks about mineral beneficiation. For the first time in this country, we have that particular legislation.
We also have a Mining Charter that deals with the living conditions of the mineworkers. What is happening particularly in terms of the conditions of the Rustenburg mine, where you saw "lawo matyotyombe" [those shacks]? "Lawo amatyotyombe" [Those shacks] were erected there by other people. Neither the municipality nor the mining companies erected them. The workers demanded to get a living out allowance because it is cheaper to rent "amatyotyombe walapha" [those shacks]. Therefore, that issue is outside the ambit of this Mining Charter of ours, and that is why we are still having discussions with the mining industry, saying that they, including the unions that are recognised in terms of the Labour Relations Act, must consider the living out allowances, and whether they should not allow the municipality to offer rental accommodation to workers rather than preferring "amatyotyombe" [shacks]. Their argument is that they have homes where they come from, and the majority of them come from the Eastern Cape.
The last issue that you have raised is that of the Minister of Basic Education reneging on the bargaining agreement. Sadtu is not striking on the bargaining agreement. The issue they are raising is that there were negotiations for the increase for only those teachers who were marking the matric exams, and not for the whole education sector. Therefore, it is outside the ambit of the bargaining agreement. The bargaining agreement of the members of sector education is also part of the Public Service as a whole, not specifically on that particular one. I think you must get the facts straight before you say anything.
Hon Manzini, I want to congratulate you for embracing what the president of the ANC, Chief Albert Luthuli, said. It is clear that probably – okay, let me say this - in this country, we have people who are members of the ANC, and when they don't get positions in the ANC, the majority of them go to other political parties , so that they can be recognised. However, I am not saying that you are one of them, but it is up to you, [Laughter.] It is up to you to review yourself whether you are in the DA wholeheartedly or if you are there for a certain purpose. By the way ...
The TEMPORARY CHAIRPERSON (Mr F Adams): Hon Rantho, no running commentary! Can we listen to the Minister, please!
The MINISTER OF LABOUR: By the way, in the ANC, we are elected through the structures of the ANC, unlike the other political parties, where you have to apply and be interviewed. Those are the differences. However, I also want to challenge you when you say the DA is not the party of the minorities; that they support the workers. I want to challenge you, hon member. When we deal with the amendment on the coming Labour Relations Amendment Bill, Basic Conditions of Employment Amendment Bill and Employment Equity Amendment Bill, you will be the first ones to support those particular pieces of legislation because they speak exactly about the benefits of the workers of this country. I hope you have committed the DA; that you are going to vote for those pieces of legislation.
At the same time, I hope you will be able to support the Employment Services Bill, 2010. This new legislation will deal with the issues of retraining and encouraging retrenched people and those who were injured at work to re-enter the labour market.
However, on the issue of the employment-active population, particularly here in the Western Cape, I can argue, we want to see the majority of the employment active population in the Western Cape on the top level, in terms of their majority, and those are the coloured people. When you go to the private sector or the public sector, you will not find any coloured person in top management. What is the meaning of that? Perhaps we must really go through that report. Perhaps somebody has summarised it for you. Just go through the report and read it carefully. I also want to remind you, as it seems you were once a member of the ANC, probably as a youth league member, Amilcar Cabral said, "tell no lies, and claim no easy victories".
On the issue of education and economy, I must say, I want to assure this House that we are funding training programmes for workers through the workers' college. However, the workers' college at present is in KwaZulu-Natal only. We are reviewing whether we cannot expand it to other provinces. We also have the training lay-off schemes to avoid retrenchments. We are also working together with the Department of Higher Education and Training through the Skills Development Programme to support those workers who are classified as unqualified artisans.
When we talk about resistance to transformation, there are workers who do the artisans' work, but, because they do not have certificates, they are supervised by certain people who are classified as qualified artisans while they are classified as unqualified artisans. Therefore, we have agreed with the Department of Higher Education and Training, through Comrade Blade Nzimande, that he should prioritise those workers so that they can have certificates to qualify them as artisans. They are approximately 69 000 from the mining and steel industry. You will find that certain companies practice this deliberately so that they do not form part of the top management.
In addition, we are reviewing the way in which sheltered employment factories work, because they were, developed only for certain categories of people who were injured when they were in the defence force and the mentally retarded people. Now we want to transform it by integrating those who are injured at work so that whatever compensation money we pay to those factories benefits everybody in this country. Thank you very much, Chair. [Applause.]
The TEMPORARY CHAIRPERSON (Mr F Adams): Thank you, hon Minister. On behalf of the Chairperson of the Council, I want to thank you for leading the Worker's Day debate.
Debate concluded.
The Council adjourned at 15:54.
C.I/ END OF TAKE
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