Questions and Replies
01 August 2024 - NW23
Ntshingila, Mr EM to ask the Minister of Employment and Labour
(1) Whether her department has any plans to facilitate the implementation of the declaration to scrap experience for an entry level position; if not, why not; if so, what are the relevant details; (2) whether the specified declaration was a stunt for political point scoring that creates false hope for the poor people of the Republic; if not, what is the position in this regard, if so, what are the relevant details; (3) to what extent does her department consider supporting industrialisation in the minerals sector in order to create factories for purification and the entire value chain thereof which would create thousands of job opportunities; (4) whether her department has explored any concept aimed at creating household employment to ensure that each household has a breadwinner; if not, why not; if so, what are the relevant details?
Reply:
- The Department of Employment and Labour has implemented the no work experience requirement in entry level posts and will continue advocating for more learnerships and internships to ready entrants into the labour market.
- No, this was not a stunt or political point scoring as Government has ensured that learners can gain valuable skills and experience without personal financial burden. The learner-ships and apprenticeships assist learners to align with industry needs, equipping them with the necessary skills for employability.
- As much as the competency and responsibility of supporting industrialisation in the minerals sector in order to create factories for purification and the entire value chain does not rest with the Department of Employment and Labour, work in this space falls into the collaboration commitment with sister departments, that Department of Employment and Labour (DEL) is very much keen on. We plan to lead DEL to upping the ante pertaining to coordination work of all job creation initiatives, interventions, creativity and innovations that are found in various government departments, spheres of government as well as public agencies.
- The Department of Employment and Labour through the Unemployment Insurance Fund (UIF) supports numerous initiatives under its Labour Activation Programme (LAP) aimed at stimulating employment and ensuring employability. Moreover, through the UIF that works closely with Public Investment Company (PIC), the Department has supported different sectors of our economy to create employment.
END
12 April 2024 - NW704
Bond, Mr M to ask the Minister of Employment and Labour
Whether he will furnish Mr M S Bond with a (a) list and (b) full description of all events planned by his department to take place before 29 May 2024 in celebration of the 30 years of democracy in the Republic, including the (i) projected total cost or expenditure of each event and (ii) breakdown thereof in terms of expenditure for (aa) catering, (bb) entertainment, (cc) venue hire, (dd) transport and (ee) accommodation; if not, why not; if so, what are the relevant details?
Reply:
The Department of Employment and Labour will celebrate 30 years of democracy, just like any government department. However, the celebration will be aligned with the Department's mandate. The Honourable Bond knows that the Department of Employment and Labour receives its funding through voted funds to implement its mandate.
The Department consistently have funds that are used to assist registered trade unions.
In the celebration of this important milestone, the Department is planning to leverage on the existing May Day commemoration to celebrate 30 years of democracy as a cost effective way. By aligning the celebration with May Day, the Department intents to reach a broader audience and generate greater awareness about the milestone of 30 years of democracy.
Simultaneously, the Department is planning build-up activities towards celebration of 30 years of democracy within its mandate and aims to utilise existing resources and budget allocations for these activities without attracting additional cost.
Given that May Day is an event that has been commemorated every year, the difference this year is that the focus is on celebrating 30 years of democracy, its cost is R R2 550 000,00
END
12 April 2024 - NW641
Mkhonto, Ms C N to ask the Minister of Employment and Labour
Considering that the Reimagined Citizen-Led Service Transformation of the Compensation Fund and the Unemployment Insurance Fund is led by an Acting DirectorGeneral and an Acting Compensation Fund Commissioner, what plan does his department have in place to ensure that individuals who will be appointed in the positions on fulltime basis will advocate, own and execute the plan successfully?
Reply:
Indeed, Hon. Mkhonto, repositioning and restructuring of both Compensation Fund and Unemployment Insurance Fund (UIF) are essential and momentous. This is a project that needs to be carried through to its logical conclusion with zeal, verve and foresight.
We made Portfolio Committee on Employment and Labour and Hon. Mkhonto aware that in September 2021 we started an architectural review process which was intended to determine the fit for purpose of the Compensation Fund structure, systems, personnel capacity and processes to the mandate of this entity.
We also shared with the Portfolio Committee on Employment and labour the outcomes of the fit for purpose exercise that was completed in September 2023. Currently we are solidifying the setting up of the Project Management Office, which will be responsible for implementation of the recommendations, including setting up the new structure and recruitment of senior executives for the CF, including the Commissioner.
The reason that we are not approaching the filling of the two vacancies with haste is that we want to get individuals that are fit for purpose. Importantly, though they must arrive at an environment where formidable foundation has been put in place, and get into the moving train on its long journey, that has left the station and cannot make a U-Turn.
Furthermore, we intend that both the Department and Compensation Fund get the Director General (DG) and Commissioner respectively, who would have outside-in perspective, who think expansively in their consideration of the broader context, ambitious and who are able to cultivate agile team culture. They will have to excel in problem solving, planning and communicating. In addition, they must have fortitude to motivate, guide others and more importantly uphold strong ethical standards.
12 April 2024 - NW544
Mkhonto, Ms C N to ask the Minister of Employment and Labour
Whether his department has started the process to fill the two senior positions that became vacant after the resignations of the former Director-General and the Compensation Fund Commissioner; if not, why not in each case; if so, (a) by what date will the process be finalised, (b) what number of critical posts are vacant (i) in his department and (ii) entities reporting to him, (c) what are the details of the specified critical positions, (d) what is the total number of budgeted posts that are vacant in the organogram of his department and (e) by what date will the specified budgeted vacancies be filled?
Reply:
1. Upon the resignation of the Director General of DEL Mr. Thobile Lamati in October 2023, I appointed the Acting DG Dr. Alec Moemi who acted from the 01 November until 31 December 2023. On the 01 January 2024 I appointed Acting DG Ms. Onke Mjo for a period of 12 months or until the Director General for the Department of Employment and Labour is appointed, whichever comes first.
2. The Acting Commissioner of the Compensation Fund Ms. Farzana Fakir has been extended for further 6 months:
a) As you are aware in September 2021 we started an architectural review process which was intended to determine the fit for purpose of the CF structure, systems, personnel capacity and processes to the mandate of CF.
b) As you are now all aware the outcomes of the fit for purpose exercise was completed in September 2023.
c) We are currently in the process of setting up the Project Management Office, which will be responsible for implementation of the recommendations, including setting up the new structure and recruitment of senior executives for the CF, including the Commissioner.
14 March 2024 - NW594
Bond, Mr M to ask the Minister of Employment and Labour
With reference to his reply to question 83 on 11 April 2023, what are the details of the (a) make, (b) model, (c) year of manufacture, (d) date of purchase and (e) purchase price paid for each vehicle purchased by his department for (i) him and (ii) the Deputy Minister since 8 May 2019?
Reply:
Office |
Financial year |
(a) Make |
(b) Model |
(c) Year Model |
(d) Cost |
(e) Purchase date |
Minister |
2019/ 2020 |
N/A |
N/A |
N/A |
N/A |
N/A |
2020/ 2021 |
N/A |
N/A |
N/A |
N/A |
N/A |
|
2021/ 2022 |
N/A |
N/A |
N/A |
N/A |
N/A |
|
2022/ 2023 |
N/A |
N/A |
N/A |
N/A |
N/A |
|
2023/ 2024 |
Audi |
Q5 TDI Quattro |
2023 |
R799,999.01 |
31/10/2023 |
|
Deputy Minister |
2019/2020 |
N/A |
N/A |
N/A |
N/A |
N/A |
2020/2021 |
Audi |
Q5 TDI Quattro S Line |
2020 |
R 748 353.50 |
18 October 2021 |
|
2021/ 2022 |
N/A |
N/A |
N/A |
N/A |
N/A |
|
2022/ 2023 |
N/A |
N/A |
N/A |
N/A |
N/A |
N.B
- The Minister and Deputy Minister of the Department of Employment and Labour were appointed to their portfolios on 01 June 2019. (Refer to applicable date above: Q83 (iv)
- Minister- did not purchase any car up until a Jeep Grand Cherokee that he was using experienced mechanical problems, and in 2023 got replaced by Audi Q5 TDI.
- DM- used an Audi A6 2.0 TDI which ended up being uneconomical to repair, and it got replaced by Audi Q5 Quattro, in Pretoria.
07 March 2024 - NW333
Bond, Mr M to ask the Minister of Employment and Labour
What are the full details of all (a) sponsorships, (b) donations and (c) financial transfers provided for lawfare and/or any other purposes to (i) him, (ii) his department and (iii) officials of his department by any (aa) Qatari, (bb) Iranian and/or (cc) Russian organ of state, organisation and/or resident since 1 January 2021 up to the latest date in 2024 for which information is available?
Reply:
Please note that NO gifts or donations were received from any of these countries for the period stated.
END
23 February 2024 - NW212
Ceza, Mr K to ask the Minister of Employment and Labour
What strict enforcement measures has his department taken to ensure that there is vigorous monitoring of the National Minimum Wage Act, Act 9 of 2019, with severe penalties for noncompliance in relation to domestic workers, petrol attendants, security guards and cleaners?
Reply:
Domestic Workers:
There are inspections that are carried out to test compliance with the National Minimum Wage. These inspections are mostly reactive. In instances where there is non-compliance, notices are issued out. The noncompliant employers are provided with 14 days to comply. If an employer does not comply within the set time frames, there is referral to the CCMA for prosecution. The issuance of notices and referral for prosecution result in recoveries of monies in the form of underpayments. These are then handed to the workers who had been underpayment.
Petrol attendants, Security Guards and Cleaners:
These belong to relevant Bargaining Councils (BC’s) that deal with all matters that are related to Employment Standards. The BC’s have their own Agencies that have similar powers to those of Labour inspectors. They would therefore enforce compliance within these sectors. This would include compliance with the National Minimum Wage.
23 February 2024 - NW211
Ceza, Mr K to ask the Minister of Employment and Labour
In light of section 198(b) of the Labour Relations Act, Act 55 of 1995, which provides for the deeming provision and that employees must be provided with equal access to opportunities, what preventive measures has his department taken against whiteowned companies who extend fixed-term contracts for a period as long as 20 years, thereby avoiding the deeming provision and circumventing the national minimum wage legislation and making sure that the bargaining power remains in their hands?
Reply:
Honourable Ceza, any contract of employment that exceeds three months, the law deems such an employee as permanent. All the rights and obligations other employees are entitled to, such an employee is also entitled to these rights and obligations. Should such an employee be dismissed for unjustifiable reasons or denied the same right that other permanent employees have, they have a recourse through the CCMA despite the nature of their contract.
The law is clear that there is no worker or employee in this country who must be paid below the national minimum wage despite the nature of their contract. The national minimum wage is the floor right that no employee or worker should be paid below it.
The law stipulates that bargaining councils cannot negotiate wages below what the national minimum wage prescribe. Their wage negotiations start from what the national minimum wage prescribes and can only be negotiated upwards and not downwards. It is important for the Honourable member to note that our collective bargaining system is based on improving the basic conditions of employment and the national minimum wage ups.
END
19 February 2024 - NW47
Mkhonto, Ms C N to ask the Minister of Employment and Labour
(1)What (a) steps of intervention has he taken to resolve the labour disputes between Impala Bafokeng Platinum Mine and its 2 000 employees and (b) was the root cause of the disputes; (2) has the labour union registrar had any engagements with the National Union of Mineworkers and Association of Mineworkers and Construction Union to avoid potential violence amongst workers; if not, why not; if so, what are the relevant details? NW48E
Reply:
1. Honourable Mkhonto, I am aware of the matter you are raising. Our labour laws are thoroughly crafted to deal with matters of this nature. We all want peace, stability, harmony and acceptable working conditions in the workplace. But when the instability of whatever nature rears its ugly head, our laws must kick in and the institutions that are a creature of these laws must then be activated to dive in, when those situations emerge.
Honourable Mkhonto, you will also appreciate the fact that even Minister himself or herself must act in a manner that is consistent with our laws. He or she cannot intervene in disputes in a manner that is outside legal framework, in other words, in contravention of labour laws.
Now, what have I done that is within the parameters of the law? I have met with the trade unions and the employer in the company. This was done through the consensus of the parties. I have appealed, encouraged and nudged parties to reach a settlement on the matter in dispute.
The law has articulated a mechanism on how parties can deal with their impasse. Legislation has established CCMA as a primary institution and impartial entity to deal with workplace disputes. Labour Relations Act, among others, in an attempt to protect politicians from accusation of interfering, meddling in and tampering with the system and of taking sides, does not permit the Minister of Employment and Labour to encroach the zone of workplace disputes between parties.
2. The issues of NUM and AMCU is outside of the mandate of Registrar of Labour Relations. The functions and the parameters of the Registrar of Labour Relations are clearly articulated in the Labour Relations Act. The issue between NUM and AMCU is about recognition in the workplace, whether the other party meets the requirement of being recognised as the negotiating partner with the employer.
The law is very clear that if parties cannot reach a consensus on the matter of the representivity threshold in the workplace, they should approach CCMA to conduct representivity and determine whether the aggrieved party has reached the necessary threshold. Even the CCMA has offered to intervene and assist in resolving the dispute. However, the parties are vacillating on this matter which frustrates the CCMA’s intention to intervene.
The Government is concerned about how parties conduct themselves even on matters that the law has offered dispute resolution mechanisms. To add to the work that, we’ve already done, we are envisaging meeting the sector to engage on the conduct of parties.
END
21 December 2023 - NW4092
Loate, Mr T to ask the Minister of Employment and Labour
(1)Whether the Government’s negotiations at the National Economic Development and Labour Council in respect of the social compact has progressed substantially in the past 21 months, since the President, Mr Cyril M Ramaphosa, announced the urgent need in his State of the Nation Address in February 2022; if not, why not; if so, (2) how much progress has the Government registered since February 2022 in (a) visibly building a better and more inclusive society, (b) growing the economy, (c) creating jobs and (d) tackling crime and corruption with the help of partners from organised business, Labour and communities in society at large? NW5373E
Reply:
1. There are some imperatives that must be understood by all when it comes to Social Compact and Social Compacting. Among these, are the following:
- Social Compacting is both a process and an institutional framework.
- Social Compact traverse on the social dialogue path, it then progresses through collective bargaining processes
- Social Compact requires elements of societal partnerships.
- Given what is stated above and below, it therefore stands to reason that, Social Compacting is about Unity in Diversity, where common interests are maximised in a principled manner.
- Social Compacting is premised from a firm belief that working together, coordinating, collaborating, cooperating, converging, co-creating, networking and building trust between important groupings in society will lead to better socio-economic outcomes than each working separately.
2. The dynamic process of Social Compact is advancing, recognising changing conditions, adapting to them, acknowledging different and/or conflicting interests, navigating through them. It should be stated that some of the elements that are listed on this question may not fall under the ambit of Social Compact, whilst others can be grouped together, and as such are globally responded to.
- Emerging consensus was achieved on key binding constraints to economic growth and what should be done especially in relation to energy and freight.
- Understanding of the nature of the ESKOM crisis and links to the energy crisis was developed
- Signing of the social compact to support ESKOM
- The implementation plan has been regularly reviewed and updated making the Social Compact a living and interactive process
- Birthed the work of Operation Vulindlela, the National Electricity Crisis Committee (NECOM) and the Operational Partnership between business and government.
- Changing nature of NEDLAC Energy Work Stream when NECOM was set up.
- Set up co-ordinating structures including a 7-a-side of the leadership of social partners and government.
- Improve the eco-system for small business
- The structures set up under the Economic Recovery and Reconstruction Plan (ERRP) were consolidated into NEDLAC Chambers and Task Teams.
- Establishment of the Presidential Climate Change Commission
13 December 2023 - NW3884
Nolutshungu, Ms N to ask the Minister of Employment and Labour
What (a) is the (i) total number of persons who are contributing towards the Unemployment Insurance Fund and (ii) average amount that the specified persons contribute on a monthly basis and (b) total amount does his department collect from the (i) employees and (ii) employers on a monthly basis?
Reply:
(i) 10 247 739 persons are contributing to the Unemployment Insurance Fund
(II) Average amount that the specified persons contribute on a monthly basis R 185.12 per month
(i) Total amount the Unemployment Insurance Fund collect from the employee’s average is R 1,003,043,006.29
(ii) The total amount collected from employer’s monthly average is R 1, 003, 043, 006.29
Note: both employer and employee contribute 1% each, which makes a total of 2% towards the Fund.
11 December 2023 - NW4168
Luthuli, Mr BN to ask the Minister of Employment and Labour
What (a) is the estimated number of (i) farm workers and (ii) domestic workers in each province and (b) are the new stringent measures to ensure strict adherence to labour laws?
Reply:
(a) IES does not collect statistics regarding the number of workers, including farm and domestic workers.
(b) Apart from the Labour Inspectors conducting regular labour inspections across South Africa, the Department of Employment & Labour has constituted a special Provincial and National Roving Teams to undertake Blitz Inspections in workplaces to ensure that non-compliant employers are identified and dealt with in line with our enforcement mechanisms. The nation-wide Blitz Inspections have yielded positive results to date and will be intensified henceforth.
11 December 2023 - NW4117
Ngcobo, Mr SL to ask the Minister of Employment and Labour
Whether his department has adopted any step-by-step measures to ensure that (a) formal and (b) informal businesses enforce and implement the National Minimum Wage as adopted; if not, why not; if so, what are the relevant details?
Reply:
The Inspections & Enforcement Services Branch of the Department of Employment & Labour conduct proactive and reactive inspections pertaining to compliance with the National Minimum Wage Act 9 of 2018 across all 9 Provinces. All formal businesses and workplaces across all economic sectors are inspected in this regard by Labour Inspectors. For the Financial Year 2023/24, we have set a country wide national target of conducting 168 864 NMW related inspections. As per the end of the second semester; we had managed to conduct 81 722 NMW inspections countrywide. Advocacy Sessions in the form of Seminars, Workshops, Information Sessions and shop floor awareness sessions are held to raise the awareness of the National Minimum Wage.
With regards to labour inspection in the informal economy, the Department of Employment & Labour is currently piloting a project of undertaking research-based inspections in the informal business sector in all Provinces with the aim of conducting labour inspections in the informal economy within the next 2-3 years. This Pilot Project has yielded valuable data thus far with regards to the specific dynamics of the informal economy which will assist the Department in tailor-making a unique approach for the provision of Inspection and Enforcement Services in the informal economy.
11 December 2023 - NW4033
Ngcobo, Mr SL to ask the Minister of Employment and Labour
Whether the total cost of departmental end-of-year functions has been budgeted for in the current financial year; if not, from what budget line item will the funding be sourced; if so, (a) what amount has been budgeted, (b) from what budget line item will it be incurred and (c) what are the further relevant details?
Reply:
No, the department does not budget for end-of-year functions and there is no expenditure for the current financial year. Where branches/programmes wish to have year-end functions, employees make personal contributions (it’s completely private).
- N/A
- N/A
- None
11 December 2023 - NW4187
Cardo, Dr MJ to ask the Minister of Employment and Labour
Whether he will furnish Dr M J Cardo with a granular level breakdown of the Quarterly Labour Force Survey data of the third quarter of 2023 released on 14 November 2023, up to a municipal level, including (a) the number of the (i) employed and (ii) unemployed and (b) the labour force participation rate for each municipality, specifically the municipalities of (i) Oudtshoorn (ii) Swellendam and (iii) Nama Khoi; if not, why not in each case; if so, what are the detailed statistics for each specified municipality in each specified category?
Reply:
In the country, Statistics South Africa (Statssa) is the primary official statistical agency in line with the Statistical Act. Every quarter, it releases the Quarterly Labour Force Survey (QLFS) results that provide statistical information on the changes in labour market activities both quarter to quarter and year on year changes. In QLFS 3 of 2023, the labour market activities were based on a sample size that was approximately 30 000 dwelling units. In this context, the response rates are only estimated at the provincial and metropolitan areas.
Regarding the granular level breakdown for all indicators mentioned by Honourable Dr M J Cardo, it is safe to indicate that such level of data details is not published in the QLFS. One key reason is associated with the sample size that is too small for reliable estimates in particular for all values of 10 000 or lower. This means each specified municipality for each specified group could not have reliable estimates because of the low response rates in each case. Thus, the granular level breakdown up to the municipality results are not estimated and released.
END
11 December 2023 - NW3937
Chetty, Mr M to ask the Minister of Employment and Labour
Whether (a) he, (b) the Deputy Minister and (c) any other official in his department attended the Rugby World Cup final in France in October 2023; if not; what is the position in this regard; if so, what (i) are the relevant details of each person in his department who attended the Rugby World Cup, (ii) is the total number of such persons and (iii) were the total costs of (aa) travel, (bb) accommodation and (cc) any other related costs that were incurred by his department as a result of the trip(s)?
Reply:
Minister did not attend the Rugby World Cup in France in October 2023.
Deputy Minister did not attend Rugby World Cup in France in October 2023.
04 December 2023 - NW3986
Hendricks, Mr MGE to ask the Minister of Employment and Labour
When will the requirement to state one’s race be removed from labour legislation and, where necessary, be limited to black and white only instead of stating ‘coloured’ and ‘Indian’?
Reply:
It is fundamental for all us to recall that all the painful injustices and inequalities of the past apartheid system were racially driven. In fact, race was a key determining factor in relation to how all resources and opportunities were distributed to the citizens of this country being its finances, education, employment, housing, energy, water, health, just to mention a few. Therefore, in order to protect the human rights to equality, human dignity and fair treatment, including access to equal opportunities in all spheres of life, section 9 of the Constitution is explicit that measures must be taken by enacting legislation to ensure that no person is directly or indirectly unfairly discriminated against based on any of the prohibited grounds listed, which are inclusive of race.
It is against this backdrop of section 9 of the Constitution, the ‘Equality clause’ that various legislation, in particular the Employment Equity Act, 1998 (EEA) was enacted. The primary purpose of the EEA is to promote equity through the elimination of unfair treatment and unfair discrimination in employment policies and practices;
and the implementation of affirmative action measures to redress the imbalance of the past suffered by the previously disadvantaged groups, that is black people; women of all racial groups; and persons with disabilities irrespective of their race and gender. In fact, the section 1 of the EEA defines black people as a generic term that means Africans; Coloureds and Indians. It is important to highlight that this definition and section 6(1) of the EEA, which lists all the prohibited grounds of unfair discrimination, inclusive of race has not been amended. In fact, it is crucial to note that these listed prohibited grounds of unfair discrimination in section 6(1) of the EEA mirrors those listed in section 9 of the Constitution. In context of the objectives of both section 9 and that of the EEA, if ‘race’ as a classification should be removed as a prohibited ground for unfair discrimination, amendments should be considered not only for the EEA, but for the Constitution; including other legislations that make reference to the race classifications.
END
04 December 2023 - NW3997
Le Goff, Mr T to ask the Minister of Employment and Labour
Whether, with regard to the administrative burden placed on businesses by the Unemployment Insurance Fund (UIF) insofar as it relates to the inefficient collection of UIF submissions through payroll extracts and the uFiling portal, he will undertake to cut red-tape for businesses and construct a joint implementation agreement with the SA Revenue Service (SARS) to eliminate the UIF reporting burden by incorporating it into the SARS EMP201 and EMP501 processes, which already collect the information in a vastly more comprehensive manner; if not, why not; if so, what are the relevant details?
Reply:
This is an excellent and progressive question which will take the Fund far if implemented and agreement between the two entities are secured. At one level it increases compliance and also ensure that UIF has the necessary data at the time of claim processing.
In terms of status, 98% of UIF contribution is already collected by SARS and this is managed through service level agreement. The only remaining part of the agreement is the sharing of data contained in the EMP201 and EMP501.
The Acting Director General, Dr Moemi has already started engagement with the SARS Commissioner to consider a number of options including discussions around the mainframe and data sharing mechanism while mindful of the POPIA requirements.
04 December 2023 - NW3996
Cardo, Dr MJ to ask the Minister of Employment and Labour
What is the status of the Draft Employment Equity Regulations gazetted on 12 May 2023?
Reply:
It is important to highlight that firstly, the Draft Employment Equity Regulations gazetted on 12 May 2023 were published as part of preparations for the implementation or commencement date of the Employment Equity Amendment Act, No. 4 of 2022 (EE Amendment Act, 2022), which was assented into law in April 2023. These Draft Regulations with proposed sector EE targets were published for public comment to gather more information and public input aimed at enhancing the content of the final EE Regulations, which will only be published for implementation upon the publication of the commencement date of the EE Amendment Act, 2022.
Secondly, it is critical to note that having considered all the written public comments received, the Commission for Employment Equity (CEE) and the Department are in the process of finalizing the revised Draft EE Regulations on the proposed sector EE targets, which will then be re-published for further public comment in order to enhance the consultation process and also to enrich the content of the final sector EE targets Regulations for future implementation.
END
04 December 2023 - NW3990
Ngcobo, Mr SL to ask the Minister of Employment and Labour
(1)Whether, with regard to the struggling domestic employment sector where it is still over 150 000 jobs short of full recovery since COVID-19, his department has plans to address the challenges of private firms operating in failing municipalities; if not, what is the position in this regard; if so, what steps has he taken to assist these businesses to mitigate the negative impact of the quality of public services in these municipalities in order to sustain employment for domestic labour; (2) whether his department has specific measures in place to encourage job creation for domestic employment through legislative reforms within the sector; if not, what is the position in this regard; if so, what are the relevant details? NO5245E
Reply:
(a) According to the latest Quarterly Labour Force survey released by Statsa, South Africa's unemployment rate dipped again in the third quarter of 2023, to 31, 9%.
That's a decrease of 0,7 of a percentage point from 32,6% in the second quarter of the year indicating that there is a recovery of employment levels since Covid -19 period.
It has been noted that service industries that were heavily affected by COVID-19 are gradually recovering, and these are largely labour-intensive. There was a level of increase in employment, to pre-COVID-19 levels in the labour market.
The Statistician General has indicated that "Employment gains were observed among all sectors with the highest in the formal sector (up by 287 000), followed by the Agricultural sector (up by 61 000), Informal sector (up by 29 000) and Private households (up by 22 000) in Q3: 2023."
Government has undertaken a number of steps to assist private firms and businesses, including the provision of stimulus through tax incentive, small business development activities to help firms recover and massive injections by the Department of Employment and Labour through its entities like UIF and initiatives like Turnaround Programmes of Productivity SA, and CCMA interventions to help prevent job losses.
(b) The Department has extended legislative coverage to all employees, including domestic employment, as demonstrated by the changes to National Minimum Wage, extension of UIF coverage and more recently extension of coverage by the Compensation Fund.
The Department is also introducing a National Labour Migration Policy whose main objective is to protect lower level workers from unfair employment completion. The Employment services Amendment Bill will regulate the manner in which foreign nationals can be employed, it imposed conditions or obligations to transfer skills during the limited employment duration,
it will restrict the total numbers of foreign nationals that can be employed at any point in any establishment and will strengthen the role of both Employment Inspectors and Home Affairs Immigration Officers in addressing the problem of undocumented foreign nationals employed in various sectors of the economy.
The Department of Small Business Development working with Provincial and Municipalities are also tightening operations of foreign nationals in the informal sector as we believe that millions of South Africans can create self-employment in those sectors.
The Department of Home Affairs has also released a white paper that seeks to address the inconsistencies that we have since identified in the Refugees Act, the Citizenship Act and the Immigration Act.
04 December 2023 - NW3979
Wolmarans, Mr M to ask the Minister of Employment and Labour
Whether there are any critical skills that he has identified as skills the Republic seeks to benefit from migrants; if not, why not; if so, which (a) skills and (b) sectors of the economy will benefit the most from the labour migration policy?
Reply:
(a) The Republic of South Africa, like all other countries throughout the world does experience scarce and critical skills in those job types for where employers cannot find suitably qualified or experienced employees. One of the alternatives of deploying these skills in the labour market is to source them from foreign nationals. To ensure the orderly and transparent manner to address this problem and to prevent the abuse of this “shortage” or displacement of citizens from employment, government has introduced different mechanism that are consistent with other practices in other countries.
The Government, led by the Department of Home Affairs publishes a scarce skills list that foreigners can accommodated in or provided with corporate or individual work visa if they find employment locally and an employer can provide evidence that they could not find an equally suitably qualified and or experienced South African in the applicable category.
The Department of Higher Education and Training leads in the research process to publish and receive public comments on the National Scarce Skills List. The National Development Plan, the National Infrastructure Plan, Industrial Policy Action Plan and the Sector Education and Training Authorities (SETAs) Scarce Skills Lists, which indicates shortages in certain career fields, are used to determine the skills that are needed.
(b) According to research, economic sectors within South Africa that are affected the most by skills shortages are those sectors that South Africa benefits most from skilled migrants and include:-
- Information Technology
- Business and Management
- Design
- Engineering
- Financial Sectors
- Marketing
- Medical and Health
- Arts and Media
The Department of Employment and Labour, assist with the negotiations and approval of such a list at NEDLAC. We also provide recommendations to Home Affairs with regards to availability of such skills in the country as we process Corporate and Individual Work Visas on behalf of the employers.
We have also developed a National Labour Migration Policy and the Employment Services Amendment Bill to amongst others, regulate the manner in which foreign nationals can be employed in the South African labour market, transfer of skills to locals, setting of quotas in those low and mediums skills levels where we may employ foreign nationals because of various circumstances, the employment of South Africans abroad and the types of Bilateral Agreements that will have to be concluded in these regard.
24 November 2023 - NW3914
Cardo, Dr MJ to ask the Minister of Employment and Labour
Whether he has brought criminal charges against a certain person (name and details furnished); if not, why not; if so, what are the relevant details?
Reply:
Firstly, I suspended a project that involved Thuja Holdings Proprietary Limited, Unemployment Insurance Fund (UIF) and Department of Employment and Labour, (DEL) whilst doing that I also instituted an investigation into Thuja Project before it kicked off. Mthunzi Mdwaba is a CEO of Thuja Holdings Proprietary Limited. Mthunzi Mdwaba was the Chairperson of the Productivity SA Board.
The investigation that I instituted was completed. The findings of it came out. Currently, I am busy processing these findings of the investigation. Thus far, among others, these findings have led to Mthunzi Mdwaba being relieved of his position as the Chairperson of the Productivity SA Board.
Mthunzi Mdwaba continues to react to the actions occasioned by the findings of the investigation in the manner that he does. On my side I am very busy processing the findings of the investigation that I instituted.
On 23 – 11 – 23 I signed affidavit in support of various orders, chief amongst being the setting aside of the agreement. I have brought the application on an urgent basis. In that affidavit I challenge Mthunzi Mdwaba to present his evidence in support of his allegations that he levelled against me.
20 November 2023 - NW3810
Ngcobo, Mr SL to ask the Minister of Employment and Labour
What are the relevant details of how his department contributed to the (a) creation of youth employment and (b) support of youth entrepreneurship to curb rising poverty rates in the past three financial years?
Reply:
The Department registers more than1 million work seekers, provides career counselling to more than 300000 work seekers, and has placed about 60000 work seekers into employment, annually. For the period ending September 2023, 69% (32 816) of work seekers placed are young people aged 15-35 years and 31% (14 687) aged 36 years and above.
Through job creation investments the COIDA has created 1,325 additional jobs. The CCMA also assisted with the prevention of job losses. Between April 2023 and October 2023 more than 6000 jobs were saved.
Productivity SA’s Competitiveness Improvement Services (CIS) programme enhances the appropriate capacities of SMMEs and Co-operatives, targeting those in the productive or priority economic sectors to adopt world-class productivity enhancement best practices, focusing on products, processes and people. In Quarter 1 of 2023/24, CIS supported 420 enterprises within 20 districts contributing to 3500 jobs. Trained a total of 667 Entrepreneurs, managers and workers, and capacitated 247 Productivity Champions.
The UIF through Labour Activation Employment Programmes has placed 8 523 beneficiaries into employment opportunities and over 5 723 are youth and people belonging to vulnerable groups.
Labour Activation Programme is continuously placing beneficiaries in pursuit of the UIF annual target of 75 000 job opportunities for the 2023/24 financial year.
The Department also co-ordinates the Pathway management network, and contributes more than R 372 million annually to this process. Through the Pathway management network, more than 108,061, earning opportunities have been secured by youth, during the first quarter of 2023. Through the Youth Employment Service, which is a private sector initiative, more than 10695 youth secured workplace experience opportunities, through the revitalised youth service, more than 47000 youth gained insight into different fields of work. In collaboration with the Department of Higher Education and Training the Pathway Management Network has placed more than 16437 TVET graduates in opportunities.
Activities relating youth entrepreneurship, is also provided by the Department of Small Business Development and the National Youth Development Agency (NYDA).
10 November 2023 - NW3552
Mkhonto, Ms C N to ask the Minister of Employment and Labour
Before accepting the recent resignation of his department’s Director-General, Mr Thobile Lamati, what specific precautions have been taken to ensure that he does not escape accountability?
Reply:
Hon. Mkhonto, let me repeat what I stated in the Portfolio Committee meeting. On Wednesday, afternoon of 18 October 2023, I received the letter of intention to resign by the 30 November 2023 from the department’s Director General.
I have then processed the letter containing the intention to resign from the position of the Department of Employment and Labour Director General by and from Mr Thobile Lamati.
The Director General was then informed to expect the evolution of his letter with the intention to resign.
10 November 2023 - NW3554
Mkhonto, Ms C N to ask the Minister of Employment and Labour
(1)What total number of officials have been subjected to disciplinary proceedings directly related to the poor performance of the (a) Unemployment Insurance Fund and (b) Compensation Fund; (2) what specific steps have been taken to ensure that the former Commissioner of the Compensation Fund is not redeployed to other government departments and entities while the investigations about his alleged role in the poor performance of the Fund are underway?
Reply:
UNEMPLOYMENT INSURANCE FUND
During the period 2022/23 the Unemployment Insurance Fund issued Intent to Discipline letters to eight (8) SMS members for the Fund’s poor performance in Quarter 2 (decline in performance from Quarter 1 to Quarter 2). This resulted in improved performance in Quarter 3. In addition, one (1) SMS member was disciplined for poor performance and dereliction of duties and issued with a Final Written Warning.
COMPENSATION FUND
For the current financial year 2023/2024, the Fund routed two separate submissions to the DG to approve the intention to institute progressive discipline action against two Senior Managers found to be performing poorly in their respective responsibilities. As per the disciplinary protocols in public sector the disciplinary letters will inform the employees of the respective charge and will afford them right of reply. The reply will be reviewed and further action will be taken. The compensation fund is awaiting the approval of the submission. The Fund has also had a 50% resignation of Chief directors and Directors end of 2022 before disciplinary action could be taken for poor performance
In terms of the Chapter 7 of the senior management handbook and the Public Service Act. The pieces of legislation do not make provision for the employer to take steps to ensure that no person is employed pending investigation. The only issue that is commonly practiced in the public service is that once the investigation is complete with recommendations to institute disciplinary action against the said officer, the report should be forwarded to a new employer to implement the recommendations or to request that the new employer continue with the investigation if the process of investigation was not completed by the former employer due to the officer resigned. When the former Commissioner resigned there was no investigation into his performance.
03 November 2023 - NW3508
Ngcobo, Mr SL to ask the Minister of Employment and Labour
What was the total (a) number of (i) unsuccessful and (ii) successful applications for Unemployment Insurance Fund in the 2021-22 and 2022-23 financial years and (b) expenditure in this regard?
Reply:
The table below shows the total number of unsuccessful and successful UIF applications and expenditure for the financial years 2021/22 and 2022/23.
FINANCIAL YEAR 2021/22 |
FINANCIAL YEAR FINANCIAL YEAR 2022/23 |
||||
Number of successful UIF Applications |
Number of unsuccessful UIF Applications |
Expenditure |
Number of successful UIF Applications |
Number of unsuccessful UIF Applications |
Expenditure |
1 073 548 |
207 299 |
R22 599 302 590.69 |
982 124 |
185 284 |
R15 648 732 618.33 |
The number of claims was high in the 2021/2022 financial year and have started to decline in the 2022/2023 financial year.
a) The table below depicts the expenditure of all benefit types for 2021/2022 and 2022/2023 financial years.
Benefit payments to beneficiaries |
2021/2022 Financial year |
2022/2023 financial year |
COVID |
R4 534 768 051.07 |
R449 587 581.73 |
WABU |
R14 148 233.36 |
R7 657 043.20 |
BEN-Unemployment |
R14 976 052 618.47 |
R12 417 076 372.27 |
BEN-Reduced Work Time |
R294 161 421.79 |
R 321 199 678.30 |
BEN-Illness Benefits |
R394 575 411.48 |
R395 953 173.85 |
BEN-Maternity |
R1 625 630 329.92 |
R1 503 523 855.80 |
BEN- Parental Paternity |
R3 797 326.54 |
R3 352 519.75 |
BEN-Adoption |
R465 723.40 |
R416 574.00 |
BEN-Dependants Benefits |
R755 703 474.66 |
R549 965 819.43 |
Total |
R22 599 302 590.69 |
R15 648 732 618.33 |
NB: In the 2021/2022 financial year the UIF paid a high number of companies Covid-19 TERS and WABU benefits, which significantly decline in the 2022/2023 financial year, as businesses started showing signs of recovery from the impact of the pandemic and returned to normal business operation.
30 October 2023 - NW3372
Ngcobo, Mr SL to ask the Minister of Employment and Labour
Whether his department has any records of the total number of government officials who are involved in labour dispute matters such as suspensions and dismissals; if not, why not; if so, what is the breakdown of the total number in terms of (a) each department and (b) in each province?
Reply:
Hon. Ngcobo, there is a Department that is known as Department of Public Service and Administration (DPSA). It is the DPSA that may have the information that you are looking for. Information on all Government officials and all the departmets are collected and collated by the DPSA. My genuine and sincere advice is that kindly consider asking this question to DPSA.
19 October 2023 - NW3168
Ngcobo, Mr SL to ask the Minister of Employment and Labour
Whether his department has any new and/or functional strategies for curbing high unemployment and/or creating sustainable jobs; if not, why not; if so, what are the relevant details?
Reply:
The Department of Employment and labour does have new and existing strategies to curb unemployment in the country. These include:
1. The developed a National Employment Policy (NEP) in line with the ILO Employment Convention No C122 and Employment Policy guidelines with 09 intervention areas. The Draft policy is currently under consultations within government Departments and will be soon tabled to Cabinet before it is formally released for public comment.
2. The Draft National Labour Migration Policy and the Employment Services Amendment Bill to give effect to the policy have been finalised and are to be submitted to Cabinet once all the applicable certificates are obtained during November 2023
3. The mandate that we are executing on-behalf of the President to coordinate the National Pathway Management Network, that is bringing a range of actors in youth employment under a single roof. To give effect to this, we have contracted GTAC to assist us in managing this massive program that is working with the Presidential Youth Employment Initiative. This program has already delivered more than 800 000 employment opportunities for young people.
4. The Department also co-ordinates the Pathway Management Network, and contributes more than R 372 million annually to this process. Through the Pathway Management Network more than 108 061 earning opportunities have been secured by youth, during the first quarter of 2023. Through the Youth Employment Service, which is a private sector initiative, more than 10 695 youth secured workplace experience opportunities, through the revitalised youth service, more than 47 000 youth gained insight into different fields of work. In collaboration with the Department of Higher Education and Training the Pathway Management Network has placed more than 1 6437 TVET graduates in opportunities.
5. The work we do on daily basis throughout our 126 offices, mobile units and online to assist work seekers to access work opportunities. For the period April 2023- August 2023, the Department registered more than 334, 088 new work seekers on its ESSA database. More than 77 357 work opportunities were registered by employers with the Department. And 32 444 work seekers were placed into employment opportunities. A further 142 648 work seekers were provided with life skills interventions and employment counselling interventions to help them transition to the labour market.
6. The Compensation fund has created 1,325 additional jobs. The Compensation Fund's provide bursaries that are intended to impact on the workforce by assisting those in need, creating job opportunities, and empowering marginalised youth.
7. The CCMA also assisted with the prevention of job losses. Between April 2023 and July 2023 more than 6000 jobs were saved.
8. Productivity SA’s: In Quarter 1 of 2023/24, supported 420 enterprises within 20 districts contributing to 3500 jobs. Trained a total of 667 Entrepreneurs, managers and workers, and capacitated 247 Productivity Champions. Demographics of Entrepreneurs, Workers and Managers trained indicates that of the 667 people trained, 201 are youth, 289 are women and 487 are Black Entrepreneurs as per information reported. The Business Turnaround and Recovery Programme has intervened in 30 new companies from April 2023 to date and saved 2076 jobs of which 1088 (52%) are youth.
9. The UIF through Labour Activation Employment Programmes has placed 8 523 beneficiaries into employment opportunities and over 5 723 are youth and people belonging to vulnerable groups.
10. The Department is an advocate of employment equity legislation and continues to do everything it can to change the employment demographics patterns in the broader economy. The amendments to existing legislation and the Regulations that have been published as part of our further consultations, are intended to accelerate the rate of transformation and employment of blacks in various positions.
11. The Department has 13 Factories across the country that provide employment to more than 1000 People with Disabilities. We also provide income subsidies to 9 Designated organisations on a rotational 3 years circle who employ people with disabilities within their ranks.
21 September 2023 - NW2591
Denner, Ms H to ask the Minister of Employment and Labour
(1) What number of complaints were lodged with the Inspection and Enforcement Services (IES) of his department in the Western Cape regarding the issuance of the Regulations for Hazardous Chemical Agents (HCA) since 1 January 2021; (2) whether any alleged noncompliance with the HCA regulations specifically on farms in the specified province have been reported; if not, what is the position in this regard; if so, what are the relevant details; (3) what number of (a) reactive inspections into alleged noncompliance with the HCA regulations on farms have been conducted and (b) proactive inspections were conducted by the IES in the province; (4) following the specified inspections, what number of (a) findings of noncompliance on farms in the Western Cape were made by the IES inspectors and (b) written directions to comply were issued to employers where noncompliance with the provisions were found; (5) what (a) number of and (b) sanctions, as contemplated in Section 16 of the regulations, were issued to employers for noncompliance? NW2974E
Reply:
(1) Only one complaint was received from an organisation representing women in farming. The Organisation is of the view that certain chemicals are banned in Europe and is lobbying very hard to have the same chemicals banned in South Africa as they argue it has disastrous effects even with PPE.
(2) Yes – we received complaints regarding non adherence to our legislations including use of hazardous chemical agents from:
a) Worker in the agriculture sector
b) Non-profit organisation and
c) Labour unions
Farmers are encouraged to conduct the spraying before the wind reaches a certain strength and that normally happens at night and Organisations are of the view that some farmers are not concerned about the wind which then contribute to higher exposure especially to residents staying close to the farms.
(3) Re-active inspections conducted = 109
Compliant = 92
Non – compliant = 17 (All served with enforcement notice)
Proactive inspections = 1319
Compliant = 686
Non-compliant = 633 (All served with enforcement notice)
(4) Findings – These vary from each workplace (farm), when inspectors visit workplaces; they typically wouldn’t just concentrate on one area but they would cover all our employment laws. Even when an inspection would be triggered by a complaint relating to use of hazardous chemical agents, the inspector verifies level of compliance on all regulations that are applicable to that particular workplace.
(5) 20 employers (farms) failed to comply with the served enforcement notices and prosecution was recommended.
21 September 2023 - NW2933
Le Goff, Mr T to ask the Minister of Employment and Labour
What total number of Unemployment Insurance Fund (UIF) COVID-19 Temporary Employer-Employee Relief Scheme claims remain unprocessed by the UIF?
Reply:
There is a total of 215 557 claims across all the different lockdown periods that are unprocessed, these are all claims that have been processed however failed validations and verifications due to missing employee’s records/ information. These Covid-19 claims are processed upon correction by employers.
21 September 2023 - NW2916
Mkhonto, Ms C N to ask the Minister of Employment and Labour
What consequence management steps will he take against the commissioners of the Unemployment Insurance Fund and the Compensation Fund for not submitting on time the annual financial statements of the two entities to the Auditor-General for the 2022-23 financial year?
Reply:
The Director General will evaluate the impact that the approved delay in the submission of the 2021/22 financial statements (which impacted the submission of the 2022/23 annual financial statements) has yielded on the control environment of the Compensation Fund’s control environment, the audit outcome and service delivery performance.
There will be feedback sessions conducted with all stakeholders (management, audit committee, Auditor General) to reflect on the outcome. Thereafter a corrective action and accountability will be enforced.
21 September 2023 - NW2932
Le Goff, Mr T to ask the Minister of Employment and Labour
On what date is it envisaged that the Unemployment Insurance Fund (UIF) will address the extensive backlogs in the processing of UIF COVID-19 Temporary Employer-Employee Relief Scheme claims?
Reply:
The Unemployment Insurance Fund processed all the Covid-19 claims for all the lockdown periods. The outstanding applications are those applications that were processed by UIF and were never paid as they failed validations and verifications. UIF is currently re-processing Covid-19 applications that were corrected and updated by employers or where employers have submitted any missing information.
This continuous processing is done by UIF to ensure that all the employers and employees receive their due benefits upon correction from employers.
The timeframe of when all these applications will be paid is heavily dependent on employers providing complete, accurate and corrected employees’ information.
21 September 2023 - NW2917
Mkhonto, Ms C N to ask the Minister of Employment and Labour
What total number of officials of his department have been found guilty of collusion with employers in defrauding the (a) COVID-19 Temporary Employee Relief Scheme and (b) Unemployment Insurance Fund during the 2022-23 financial year?
Reply:
a) The total number is three (3) based in Kwazulu Natal province, all officials are dismissed from the Department;
b) Five officials were dismissed as follows;
1 Gauteng
1 Northen Cape
1 Western Cape
2 North West
21 September 2023 - NW2598
Ngcobo, Mr SL to ask the Minister of Employment and Labour
With reference to unemployment in the Republic standing at 32,9% with 62,1% of youth between 15 and 25 being unemployed, what number of permanent and sustainable jobs has his department created in the past three months for the youth who are excluded from participating in the labour market and who live without dignity?
Reply:
The Department of Employment and Labour (DEL), through its offices and entities, is actively involved in a number of interventions aimed at assisting work seekers to access employment opportunities, creating public employment, saving employment, providing income support, employment safety and employment peace and dialogue as all these complements employment creation.
The Department of Employment and Labour assists work seekers particularly young people to access work opportunities through its 126 labour centres and employment centres, 450 visiting points that we use mobile units to access them. As from the 1st April 2023 to end of July 2023, Public Employment Services registered 334, 088 new work seekers on its ESSA database and 77,357 work opportunities. A total of 32,444 work seekers were placed against registered opportunities.
A further 142,648 work seekers were provided with life skills and employment counselling interventions to help them transition to the labour market.
A total of 995 People with Disabilities were retained across 12 Supported Employment Enterprises that we have across the country through the transfers that we made and sale of goods that they manufacture during the 1st Quarter of the year, to provide special employment to People with Disabilities
A total of 1056 People with Disabilities were also retained across 09 Designated National Organizations and Workshops for People with Disabilities that we subsidize
Working closely with the Presidency in its employment drive, we have concluded a partnership agreement with the Government Technical Advisory Centre (GTAC) towards the implementation of the National Pathway Management Network to make more opportunities available to unemployed young people.
A total of 108,061, earning opportunities have been secured for youth. The partners that we also work closely with, the Youth Employment Service, a private sector initiative, placed 10 695 youth in workplace experience opportunities, and further 47 000 youth gained insight into different fields of work through the revitalised youth service. A total of 139 young interns were retained within the Department to support other work seekers as part of the Presidential Youth Employment Initiative,
The Compensation Fund also actively contributes to the workforce by providing financial assistance to those in need through bursaries. In the current fiscal year alone, . The Compensation Fund has successfully paid bursaries for 1 865 students who cover diverse range of this entity’s beneficiaries, and People with disabilities, an initiative aimed at integrating them into employment.
A total of 1 325 new employment opportunities were created through the COIDA investment arm.
The Presidential Comprehensive Youth Employment interventions have also contributed to job creation, specifically 135 jobs.
The Compensation Fund's provision of bursaries has made a tangible impact on the workforce by assisting those in need, creating job opportunities, and empowering marginalised youth.
The CCMA also assisted with the prevention of 6008 job losses, against a total of 16 239 workers likely to be retrenched and a total of 9 754 that were ultimately retrenched.
2023/24 |
YTD |
APR |
MAY |
JUN |
JUL |
AUG |
SEP |
OCT |
NOV |
DEC |
JAN |
FEB |
MAR |
Employee Likely To Be Retrenched |
16239 |
4433 |
3491 |
3854 |
4461 |
||||||||
Job Saved |
6008 |
1825 |
1347 |
964 |
1872 |
||||||||
Total Retrenchments |
9754 |
2347 |
2061 |
2823 |
2523 |
||||||||
% |
37% |
41% |
39% |
25% |
42% |
Productivity South Africa’s Competitiveness Improvement Services (CIS) supported 420 enterprises within 20 districts contributing to 3500 jobs. Trained a total of 667 Entrepreneurs, managers and workers, and capacitated 247 Productivity Champions. Demographics of Entrepreneurs, Workers and Managers trained indicates that of the 667 people trained, 201 are youth, 289 are women and 487 are Black Entrepreneurs.
The Business Turnaround and Recovery, Productivity SA Programme has intervened in 30 new companies from April 2023 to date and saved 2076 jobs of which 1088 (52%) are youth.
The Unemployment Insurance Fund (UIF) through its Labour Activation Programmes has placed 8 523 beneficiaries into employment opportunities. 5 723 of them were youth and people belonging to vulnerable groups.
The Department of Employment and Labour has convened a number of Intergovernmental Collaboration Sessions with other government departments in an attempt to mobilise and to effectively utilize the limited available resources to place more unemployed people into employment and to assist others to start their own enterprises.
21 September 2023 - NW2597
Ngcobo, Mr SL to ask the Minister of Employment and Labour
What steps has his department taken to ensure that (a) domestic and (b) farm workers are paid a minimum wage as most of the specified workers are in remote areas that do not have easy access to the services of his department and most are unable to access the assistance of the Commission for Conciliation, Mediation and Arbitration due to various reasons?
Reply:
The Department of Employment and Labour undertakes labour inspections at all workplaces including domestic households and on farms and agricultural establishments. Such labour inspections are undertaken on a pro-active basis as well as re-active basis (based on complaints received).
Advocacy initiatives are undertaken using local newspapers and radio stations (in the local languages) across all Provinces in South Africa where compliance to the National Minimum Wage (NMW) is advocated and where awareness is raised about the rights of workers.
Effective stakeholder relations are also fostered where the Department also participates in local and regional structures (District Development Model – DDM) where compliance to the NMW is advocated to various government departments and municipalities stakeholder programmes. Imbizos by traditional leadership are also one forum where the NMW is advocated and awareness raised to communities and workers. Furthermore, the department adopts a joint stakeholder approach to communicate its message to workers and the community.
The Department also have a programme called “Taking Services to the People” where all employment and labour legislation including the NMW are advocated to both urban, semi-rural and rural communities.
The Department has signed a MOU with the South African Domestic Workers Union (SADSAWU) to undertake joint advocacy programmes within the domestic workers-sector. To this end, a number of advocacy sessions have already been held throughout the country.
Further efforts and special focus is on the agricultural sector where the NMW is currently being advocated to farmers / employers.
There are constant ongoing advocacy and stakeholder partnerships being fostered to mainstream the NMW into the consciousness of the South African Labour Market. Strategic Stakeholder Partnerships with universities deemed to be in rural provinces are currently being entered into where Law Students will be utilised to advocate compliance to the NMW in rural areas thus raising awareness of the NMW in rural areas of our country.
In instances whereby there’s no compliance with employment laws (including the NMWA); notices are served to employers. In instances where employers fail to honour these notices; the inspectorate would refer such to the CCMA for prosecution.
15 September 2023 - NW2719
Le Goff, Mr T to ask the Minister of Employment and Labour
(1) What total number of the (a) Unemployment Insurance Fund (UIF) and (b) COVID-19 Temporary Employer/Employee Relief Scheme (TERS) claims that were lodged currently (i) in the process of being audited and (ii) are awaiting auditing; (2) what (a) is the total number and (b) are the full details of the backlog of claims lodged by employers for the COVID-19 TERS Relief Scheme initiated in 2020 remain unprocessed? NW3110E
Reply:
(1) (a) 1 646 966 UI Act claims applications were lodged from the 1st of April 2023 to date; and
(b) 138 337 COVID-19 Temporary Employer/Employee Relief Scheme (TERS) claims applications were lodged from the 1st of April 2023 to date.
(i) 10 644 COVIDTERS claims were allocated to the audit firms and 4 384 were audited so far; and
(ii) 6 260 COVIDTERS claims are still to be audited;
(2) (a) 161 COVID-19 TERS Relief Scheme were processed (from 2020), declined and unpaid due to the following reasons:
2 (b) The applications where previously processed and declined due to various validation reasons. The applicable response errors were communicated (automatically) with employers to rectify the relevant applications so that the system can re-adjudicate (again) so that employees’ benefits can be approved and paid-out. It should be noted that ALL the application within different iterations were processed and currently UIF is re-processing any updated/ corrected employer applications. Out of the total applications received for the period above, the outlined below provides the breakdown of incorrect employer application errors:
- 22 are not paid due to invalid ID numbers;
- 30 are not paid due to unverified foreign nationals
- 45 are not paid due to Employees not declared.
15 September 2023 - NW2720
Le Goff, Mr T to ask the Minister of Employment and Labour
(1) With regard to the (a) Unemployment Insurance Fund (UIF) and (b) COVID-19 Temporary Employer/Employee Relief Scheme (TERS) Programme, what total number of (i) claims for payments to be made to employees remain unprocessed and (ii) employees are still awaiting payment since the start of the COVID-19 pandemic; (2) on what date does he envisage that all outstanding (a) UIF and (b) COVID-19 TERS claims and payments will be fully processed to finalisation and be fully paid out? NW3111E
Reply:
1 Total Number of unprocessed Payments
(a) (i)Unemployment Insurance Fund (UIF) = 89366
(b) (i)COVID-19 Ters = 215557 (Includes corrections and unqualified)
(ii) Employees still awaiting payment since start of Covid-19 Pandemic-
From first month of Pandemic – Mar/Apr 2020 – 3259 employees were never paid due to incorrect applications.
(2) (a) It should be noted that UIF processed all the applications for all the lockdown periods and the outstanding applications are those that were rejected as the applications failed validations and awaiting corrections from employers. UIF payments have turn around to be finalised within 3 days and this turn-around is always achieved for over 95% of the payments. However, payments with outstanding information leverage delays and a guaranteed date to finalise such payments are difficult to commit.
(b) COVID-19 TERS – Applications that were corrected by employers are currently being processed and paid. This continuous processing is done by UIF to ensure that all the employers and employees receive their due benefits upon corrections from employers. The time-frame of when all these applications will be paid is heavily dependent on employers providing accurate and corrected employees information.
17 July 2023 - NW2428
Abrahams, Ms ALA to ask the Minister of Employment and Labour
(1)With reference to the Fourth Quarter Report for the 2022-23 financial year of the Department of Social Development which indicates that primarily the National Treasury and the Department of Employment and Labour need to provide comments and inputs before Cabinet is requested for approval to regazette the Green Paper for public comments (details furnished), (a) what are the reasons that his department has not provided comments and input on the presentation as it appears to be delaying the development of the green paper on Comprehensive Social Security and Retirement Reforms and (b) on what date does his department envisage to provide their comments and input on the green paper; (2) what is his department’s position on the (a) Green Paper and (b) National Social Security Fund within the Green Paper; (3) what are the full and relevant details of the comments and input that his department intend to provide on the Green Paper?
Reply:
The Department has provided comments prior to the recent workshop held in April 2023. After attending the April 2023 workshop, the Department through Compensation Fund identified fundamental issues that need to be resolved before providing additional comments.
In the recent document provided by DSD for comments it is apparent that the social security provided by The Compensation Fund is not fully understood e.g. the contributions are not paid from employees and are from employers with a risk based classification model. We therefore await further discussions because the paper does not fully cover the plight of injured workers considering the Compensation Fund is mandated to cover medical costs and ensure injured workers return to work
The may be further comments that the Department may wish to make, however we recommend that DSD hold another discussion where the fundamental issues that were raised at the April session are addressed
The department acknowledges the support for the Green paper and National Security Fund. The complex functions of one of our entities in having a risk based collection from employers and contributing to improved occupational health together with an integrated approach of providing medical care, return to work and temporary and long term benefits that aim to address the unique health and pension needs of the injured worker must be noted and these are aspects that must be considered.
As the Green Paper evolves and some of what the Department has raised in its comments, further input would then be depended on the nature of the new text.
17 July 2023 - NW2088
Ngcobo, Mr SL to ask the Minister of Employment and Labour
With reference to the road and freight industry being dominated by foreign nations despite his acknowledgement that there is no shortage of skilled truck drivers in the Republic, as a result the inter-ministerial committee, consisting of the Ministries of Employment and Labour, Transport, Home Affairs and the Police, together with relevant stakeholders have come up with an action plan to address the grievances of local truck drivers who have continued to block national roads, what (a) is the time frame and/or number of years of implementation of the 11-stages action plan signed by the Road and Freight InterMinisterial Committee and the road and freight industry stakeholders, (b) total amount of investment has already been made to the plan and (c) are the details of the progress made to date in its implementation?
Reply:
Hon. Ngcobo, the Inter-Ministerial Committee continues to be hard at work into resolving issues around road freight industry. As you are perfectly aware, because part of what you have stated in your question is that indeed we have multiple stages of implementations.
These will always be in various stages of progress. There are some that would be progressing quite well and there would be those that will continue to need a lot of engagement time with all the stake-holders. Negotiations with the relevant stakeholders, especially those who see stakes being too high, would always be a bit sticky and riddled with manifold intricacies. This is the reason why it would not be possible to then say on this particular time and date all will be well and good.
The other issue which is connected with this is that we are avoiding the issue of piecemeal publication of progress that we are making, when some of these areas are intertwined. But having stated that, in the area of persuading different groupings who ordinarily ought to be a single one, given their common interests, there is much focus in it. Yes, sometimes, the progress can easily be seen as the back and forth one, in the sense that, one time there is an agreement, in the next time others define themselves outside of what you would have thought has been dispensed with.
In the area of Employment and Labour, we are also pushing very strongly for the holistic resolution into the matter. Yes, we are very much aware that some of the challenges that we face as the country is economy that is not rising, in cases where it does, it is not necessarily inclusive. Remember, economic growth will lead to employment. So, hence we are pushing for the Labour Migration Policy, which is one leg of the Employment Policy. But even there, it is not in our plans to push a policy that may be quickly be found to be inconsistent with the country’s constitution – that is one. But, two, the one that is full of unintended consequences. And three, the one that adding to the challenges than solving them. So, we are so focused, meticulous and diligent in the work that we do.
14 July 2023 - NW1931
Mkhonto, Ms C N to ask the Minister of Employment and Labour
Following the visit of the Portfolio Committee of Employment and Labour to the Eastern Cape where the issue of unsafe queue conditions was raised, what steps has he taken to improve and/or remedy the situation, specifically at labour centres where persons are subjected to queueing on busy streets and must stand for long hours?
Reply:
Honourable Mkhonto, firstly, let me indicate to you that on this matter we do share the same concern. Secondly, let me thank you for making follow up on this issue after the Portfolio Committee on Employment and Labour conducted an oversight visit to the Eastern Cape Province. Sometimes, matters of this nature benefit from progress after the investment of some consistency on them.
It is also important to state, adding to our shared view above, that as a Minister of Employment and Labour, I consistently visit all our Labour Centres found in every corner of our country. And as I supposed to do, I intervene in so many matters, some of them right on the spot.
I must say that there are many of those that are a model in particular for the Department, in general for the government and the country. But as you perhaps know by now, that we are so transparent and open that we hide no weaknesses, that may hold back the progress that we all must work towards.
I happen to know one of the Labour Centres where you witnessed, what is in your question. In the East London Labour Centre the route of getting sponsorship from business became unviable. Then, in that Labour Centre, they started a procurement process for 3m x 6m Heavy Duty PVS Gazibo x 8. This happened in October 2022. As the procurement process was underway budgetary constraints held it back. But it has now resumed in 2023/2024 Financial Year. Administrative and operational processes of that are at an advance stage, to such an extent that 500 chairs for those whom the Department has to provide services to, have been procured and distributed to all Labour Centres, including East London Labour Centre.
On days when there is inclement weather, the East London Labour Centre accommodates workers and others at the basement. Let me conclude replying to your question by stating that, for me the approach on many of these matters is not one of dealing with the symptoms but the other of digging deep up until the root-causes are found and uprooted, and more often than not, this particular course necessary and desperately needed as it might be, seldom deliver immediate desired results, with outcome and impact that would have been envisaged. One of its challenges is that some parts of the solution lie on partners that can only be persuaded to cooperate. But with all of that stated, we are on course Honourable Mkhonto.
Once again, thank you for your question.
12 June 2023 - NW1842
Abrahams, Ms ALA to ask the Minister of Employment and Labour
With reference to the local office of the Department of Labour located at 10 Molteno Street, Goodwood, Cape Town, what are the relevant details of the (a) contact details of the office manager, (b) queue management system in place, (c) booking system used, (d) mitigation plan to shield clients from load shedding, (e) date by which the office will be receiving an alternative power supply, (f) form of assistance provided to clients in the queue during load shedding, (g) total number of fixed to establishment personnel, versus actual personnel, (h) total number of vacancies and the job title of each specified vacancy and (i) total number of backlogged applications for each category?
Reply:
- Hon. Abrahams, the Department of Employment and Labour has 9 Provincial Offices, which are equivalent to the number of Provinces that the country has. This is so, even because this particular Portfolio does not have concurrence function when it comes to other spheres of government.
- Over and above that the Department of Employment and Labour has about 126 Labour Centres across the country. In this number please add about 30 Satellite Offices again country wide.
If you travel around the country, you will also notice that the Department of Labour is having 41 Thusong Services Centre as well as 447 Visiting Points in the Republic.
- This is the infrastructure or footprint if you like that the Department of Employment and Labour is having to ensure that citizens of this country have access to the services that we render. And I have not even spoken about one of the programmes that we have of Taking Services To the People or Road-Shows as others would prefer to call them. They normally take place outside of the cities like Cape Town, due to the fact that we need not to leave anyone behind, even those who are in the country-side must be provided with the decent public services that other fellow South Africans enjoy.
- The office that you are refereeing to at No. 10 Molteno Street, Goodwood, Cape Town is not even a Labour Centre. It is a Satellite Office, with the supervisor Mr Thembekile Hoza – [email protected]. He is ably assisted by five (5) other officials. It is operating from 07h00 up until 16h00. Nearby Goodwood in Bellville the Department of Labour has the Labour Centre, which is more capacitated than the Satellite Office which is only having 6 personnel. There are no vacancies in there are no Labour Satellite Office, situated at No. 10 Molteno Street, Goodwood, Cape Town.
- In the private sector the booking system may work fairly well, due to a limited number they are dealing with, but in the public sector the same system may just be creating some mayhem, disorder, havoc, chaos and confusion, thereby defeating the same objective that you wanted to achieve. And again this is due to the number of people that public sector is dealing with, nature of the services they look from in as far as public facilities are concerned. So, for now, the Department find it better to serve people as they come and just find a way of managing the queues if they are there in a more orderly manner.
- And yes, forms get received, assessed and processed further to the payment of claims in the event where they meet all the required particulars. It may be confirmed that screening of applications, prioritisation of claims per benefit types maternity application, sick applications, elderly 60+, physically challenged are served first every morning.
- Sometimes, the Department remains not sure when one is asking about the backlog. Because this may mean so many things. As it is indicated above correctly filled out claim forms after received, assessed and processed further when they meet all the known and communicated requirements. In the event where those forms have outstanding information, then applicants have to furnish that which is still required.
- The Department is still exploring possible ways to mitigate challenges of load-shedding, with our sister Department of state assets, the Department of Public Works and Infrastructure. Thank you!
05 June 2023 - NW2069
Cardo, Dr MJ to ask the Minister of Employment and Labour
(1)What are the detailed statistical methodologies that were used in establishing the racial benchmarks under the Employment Equity Amendment Bill [B14-2020]; (2) whether the methodologies were subjected to rigorous scientific validation to ensure their reliability and accuracy; if not, why not; if so, what are the details of the outcomes of such validation processes?
Reply:
- Hon. Cardo, fortunately we no longer have the racist apartheid government that use to establish the racial benchmarks. Secondly, there is no Employment Equity Amendment Bill [B14 – 2020] that is currently deliberated in Parliament.
- Given what is outlined in (1) above, the second part of your question falls off!
05 June 2023 - NW2071
Cardo, Dr MJ to ask the Minister of Employment and Labour
(a) What steps were taken to factor in the unique characteristics and challenges of different industries, as well as the differences between urban and rural areas, in the calculation of the racial benchmarks in the Employment Equity Amendment Bill [B14-2020] and (b) how does the methodology accommodate the inherent variability and complexity of the socio-economic landscape of the Republic?
Reply:
There is no Employment Equity Amendment Bill [2020] be that as it may, our laws do contain checks and balances of different nature. In some instances, they may not be the one that some people desire, but they would certainly be the ones that will ensure that we are consistent with our beloved Constitution which was adopted by the Constitutional Assembly of the Republic of South Africa on 8th of May 1996 and signed by the first President of our Democratic South Africa, His Excellent Nelson Rholihlahla Mandela in Sharpville on the 10 December 1996.
05 June 2023 - NW2193
Cardo, Dr MJ to ask the Minister of Employment and Labour
(1) Whether he will furnish Dr M J Cardo with the specific steps taken to validate the methodology used to set the racial benchmarks under the Employment Equity Amendment Bill; if not, why not; if so, what are the relevant details;
Reply:
Dr M J Cardo, currently there is not Employment Equity Amendment Bill that is before Parliament, none whatsoever!
Secondly, Dr M J Cardo, kindly find within yourself the ability to understand that this current democratic government is formulating laws having been instructed by the Constitution of the Republic. These are the laws that are all aimed to correct all that was wrong in our terrible and horrible past, before our democratic breakthrough. Our Constitution instructs us to redress the imbalances of the past.
Lastly, once again I state Employment Equity Amendment Bill all Members of Parliament deliberated on, including yourself Dr M J Cardo aims at ensuring the reflection of South African demographics in all societal facets including at the workplace. Reason being, the apartheid racist South Africa empowered only a single racial group, and the current government has the task of developing, uplifting, empowering and heartening all who live in this country.
05 June 2023 - NW2070
Cardo, Dr MJ to ask the Minister of Employment and Labour
With regard to the formation of the racial benchmarks in the Employment Equity Amendment Bill [B14-202], (a) what specific data sets were employed and (b) how were the data sets (i) sourced, (ii) checked for accuracy and (iii) adjusted to account for potential statistical bias and/or anomalies?
Reply:
I sincerely have no details of the Bill that I have no knowledge off. In the Department we are currently busy looking as some gaps that may be there in some of our labour laws. These have not reached Parliament yet. As they are busy deliberated at NEDLAC level. Once those deliberations are accordingly processed, I have no doubt in my mind that they will reach Parliament and at that stage you will once again have an opportunity of adding your voice Hon. Cardo. When it comes to Employment Equity Amendment Bill [B14 – 202…]
there is none that is currently debate in Parliament or anywhere for that matter and therefore, I am not clear what you are referring to.
02 June 2023 - NW1930
Mkhonto, Ms C N to ask the Minister of Employment and Labour
What permanent plan does he have to improve the situation of long queues at the labour centres across the Republic?
Reply:
The Department is in the process of implementing a number of long term strategies to reduce the length of queues at the labour centers. These are:
- The appointment of queue marshals to direct the clients efficiently to the correct service area
- The appointment of more than 2500 client service officers to deal with UIF applications and payments more effectively
- The upgrade of ICT-systems to enable clients to register as work seekers, be referred for employment and other income generating opportunities on-line
- The implementation of a UIF USSD and mobile application that allows all UIF clients to apply on-line and submit payment continuation forms, any other required documents and make enquiries online, thus finalising their claims, without having to visit the labour center at any time. This service is available at no cost to the clients
29 May 2023 - NW1693
Chetty, Mr M to ask the Minister of Employment and Labour
Whether he will furnish Mr M Chetty with a comprehensive breakdown of the procurement allocation of (a) his department and (b) every entity reporting to him in terms of the percentages allocated to (i) small-, medium- and micro-enterprises, (ii) cooperatives, (iii) township enterprises and (iv) rural enterprises with a view to evaluating the effectiveness of the set-aside policy of the Government in fostering an inclusive and diverse economic landscape (details furnished) in the (aa) 2021-22 financial year and (bb) since 1 April 2023?
Reply:
There was no spending/Allocation on (ii) cooperatives, (iii) township enterprises and (iv) rural enterprises during FY 2021/22, 2022/23 and 2023/24 (April 2023)
Below is a summary of spending on SMME’s:
2021/23 |
2022/23 |
2023//24 Current |
|
(i) small-, medium- and micro-enterprises |
32% |
2.3% |
0% |
In a drive to transformation, the department has amended and implemented in its policy and processes, the allocation of points through specific goals based on the new regulation (PPR 2022).
Goal |
Points |
Motivation |
Women |
5 |
In recent years, the President announced that Government allocated budget ought to be channel to women owned businesses. Allocating 5 points to all the Departmental procurement will address this requirement. |
SMMEs |
6 |
Promotion of businesses with an annual turnover of less than R10M |
HDI |
4 |
Promotion of companies that are owned by historically disadvantaged individuals |
Disability |
3 |
Granting opportunities to persons living with disability |
Locality |
2 |
The locals ought to be given the first preference on procurement of goods and services happening in their area. |
The table below depicts the allocation of specific goals where SMME`s have been allocated the highest points:
2. CCMA
The Commission for Conciliation, Mediation & Arbitration spent thirty-five (35) percent of the total supplier expenditure to SMMEs. There was no expenditure relating to cooperatives, township enterprises and rural enterprises. The organisation did not implement the set-aside policy, however implemented preferential procurement policy provisions.
3. NEDLAC
2021/22:
i: 97%
ii: 0%
iii: 0%
Note: The remainder was awarded to entities larger than SMME.
2022/23:
i: 99%
ii: 0%
iii: 0%
Note: The remainder was awarded to entities larger than SMME.
2023/24 thus far:
i: 84%
ii: 0%
iii: 0%
Note: The remainder was awarded to entities larger than SMME.
4. SEE
Comprehensive breakdown of the procurement allocation for SEE entity in terms of the percentages allocated (2022/23 financial year):
- 62.06% business was awarded to small -enterprises
- 9.93% business was awarded to medium -enterprises
- 8.86% business was awarded to micro -enterprises
- 17.73% business was awarded to Cooperatives
- 1.42% business was awarded Township and Rural enterprises
Of the above categorises 1.42% business was awarded to people with disabilities.
Since 1 April 2023 till 19 May 2023:
- 83.33% business was awarded to small, medium and micro -enterprises
- 16.67% business was awarded to Cooperatives
- 0% business was awarded Township and Rural enterprises
Of the above categorises 2.78% business was awarded to people with disabilities.
Of the above categorises 58.33% business was awarded to Women.
Of the above categorises 13.89% business was awarded to youth.
5. PRODUCTIVITY SA
There were no spending on (ii) cooperatives, (iii) township enterprises and (iv) rural enterprises during 2021/22, 2022/23 and 2023/24 (April 2023)
Below is a summary of spending on SMME’s and other service provides: Detailed list is on excel.
2021/23 |
2022/23 |
2023//24 Current |
|
(i) small-, medium- and micro-enterprises |
3% |
9% |
6% |
Other |
97% |
91% |
94% |
6. UIF
i. Small-, Medium- and Micro-enterprises
(aa) (2021/ 22 Financial year)
- Procurement allocation to Small-, Medium- and Micro-enterprises is 100%.
- Unable to separate allocation percentage between Rural and Township due to system limitations.
(bb) 1 April 2023 until 31 April 2023
- The procurement allocation is 100%. However, we are unable to separate allocation between rural and township due to system limitations.
ii. Cooperatives
(aa) 2021/ 22 Financial year- procurement allocation is 0%.
(bb) 1 April 2023 until 31 April 2023- Procurement allocation is 0%.
iii. Township and Rural enterprises
(aa) (2021/ 22 Financial year)
- Unable to separate procurement allocation due to system limitations.
(bb) 1 April 2023 until 31 April 2023
- Unable to separate procurement allocation due to system limitations.
7. Compensation Fund
For the 2021/22 financial year, R767 million was allocated for the procurement of goods and services including capital assets. Whilst in April 2023 financial year a total of R13 million from the Fund’s operational budget was allocated for the procurement of goods and services including capital assets.
The Fund’s Procurement is done in terms of the Preferential Procurement Policy Framework Act. In terms of this Act for procurement less than R50 million, bids are scored at a maximum of 20 points for Historically Disadvantaged Individuals while for procurement more than R50 million at the maximum score is 10 points.
For Procurement less than R50 million the maximum 20 points are allocated as follows: Woman 8 points
Youth 6 points
People living with disability 1 points
Locality 5 points
For procurement above R50 million the maximum 10 points is allocated as follows:
Woman 4 points
Youth 3 points
People living with disability 1 points
Locality 2 points
26 May 2023 - NW1722
Ngcobo, Mr SL to ask the Minister of Employment and Labour
Whether, in light of illegal and/or undocumented foreign workers who get arrested every year as employers take advantage of lenient and sometimes the inconsistent legislation and labour practices, his department intends to put in place new and/or stricter legislation to ensure strict adherence to legislation that prohibits the hiring of undocumented foreign workers; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
The Department of Employment and labour has already initiated a process to ensure that the hiring of foreign nationals is done in an orderly and regulated manner that is consistent with our constitution, the International Treaties and Regional and SADC Protocols that are in existence or that we have signed.
We have already released for public comment, a Draft policy and the proposed Employment Services Amendment Bill that seeks to repeal the current sections 08 and 09 of the Employment Services Act with a comprehensive new chapter in the Act.
The Chapter has includes provisions that allows the Minister of Employment and Labour to introduce regulations around limits or quotas on the number of foreign nationals that can be employed in specific sectors of our economy.
The Draft Policy and the proposed Bill are currently at NEDLAC for consultations with Social Partners in terms of the NEDLAC Act for the next two months. We will finalize the government internal processes thereafter to receive the necessary certifications during August/September. Our plans are to approach Cabinet to approve the Bill for tabling in Parliament during October this year.
19 May 2023 - NW1446
Mkhonto, Ms C N to ask the Minister of Employment and Labour
What monitoring tools does his department have to ensure that private companies underwrite and comply with the provisions of the Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993, thereby serving workers in accordance with the specified Act?
Reply:
The Compensation Fund systems ensures employers register with the Fund and submit compensation claims for their workers.
The Fund’s monitoring tools for employers’ compliance are the following:
- Flagging of employers on the system with discrepancies in returns of earnings
- On site auditing of employers’ Return of Earnings for accuracy and completeness.
- Inspectors conducting on site visits to determine validity of submitted information
- Telephonic and onsite engagements to verify information
19 May 2023 - NW1295
Ceza, Mr K to ask the Minister of Employment and Labour
What (a) local economic activities have recently been developed in rural municipalities such as the (i) Dr J S Moroka Local Municipality, (ii) Ngqushwa Local Municipality, (iii) Victor Khanye Local Municipality, (iv) Emakhazeni Local Municipality, (v) City of Matlosana Local Municipality, (vi) Maluti-a-Phofung Local Municipality and (vii) Nkomazi Local Municipality to discourage the influx of job seekers into urban areas and (b) is the time frame in this regard?
Reply:
PUBLIC EMPLOYMENT SERVICES
Public Employment Services (PES) is established by Section 5 of the Employment Service Act of 2014.
- The Department of Employment and Labour must render the following services free of charge to members of the public:
- Register work seekers on ESSA (Employment Services System of South Africa).
- Register learning or work opportunities received from employers.
- Match work seekers to opportunities and produce qualifying work seekers as per criteria requested by employers.
- Facilitate the placement of the work seekers into opportunities.
- Provide career counselling, life skills, psychometric assessments, and employability enhancements.
- Regulate private employment agencies
- Make recommendations to DHA before work visas are issued.
2 Labour centres in the Free State fall under Maluti-a- Phofung Local municipality. For the 2022/2023 financial year, their performance on registration of work and learning opportunities is as displayed below:
From the opportunities registered in 2022/2023 financial year. The 2 Labour centres placed work seekers into work and learning opportunities as displayed below:
LABOUR ACTIVATION PROGRAMME:
- 2 Companies were assisted for BUSINESS TURN AROUND AND RE-ENGINEERING: MALUTI- A- PHOFUNG LOCAL MUNICIPALITY
- ENTRAKO(PTY) LTD: 75 Jobs were Preserved and 14 new employees were appointed. Overall 89 jobs were preserved.
- ENTRAWOOD CC: 115 Jobs were preserved and 4 were created. Overall 119 jobs were preserved.
MEMORANDUM OF UNDERSTANDING
- The PES embarks to build upon a partnership strategy involving prospective actors in the labour market with the common objective to reduce unemployment, poverty and inequality in South Africa.
- This Memorandum of Understanding (MoU) aims to create a partnering- relationship between The Department of Employment and Labour through its Public Employment Services branch and stakeholders in order to promote co-operation and achieve employment objectives
- In 2022/2023 financial year, the department of Employment and Labour has entered into Memorandum of understanding with two stakeholders in the Maluti-a- Phofung Local municipality:
- MALUTI TVET COLLEGE
- MALUTI –A – PHOFUNG LOCAL MUNICIPALITY
Eastern Cape
It is very important to note that the Department of Employment and Labour does not create employment opportunities or develop Local Economic activities for job seekers but creates an enabling environment for a labour market that is conducive to investment, economic growth, employment creation and decent work. This is done by partnering with other Government Departments, Local Government, Government Entities including Institutions of Higher Learning and Private Sector in support of initiatives that assist in bringing in investment, economic growth, employment creation and decent work in the labour market and that is done through the main services as provided by the Department’s Public Employment Services (PES) as follows:
• Work seeker registration – Registration of work seeker in the Employment Services South Africa (ESSA) database
• Employment Counselling – Empowerment of work seekers with job hunting and job readiness counselling programmes
• Recruitment and Selection – Registration of employment and learning opportunities received from employers with the purpose of recruiting suitable candidates from the ESSA databased based on the selection criteria specified by the employer
• Placement – Placement of suitable candidates into registered job or learning opportunities based on the employers’ selection preference using the ESSA system.
• Labour Activation Programme (LAP) – UIF funded programme aimed at funding labour activation initiatives for training and placement of UIF beneficiaries back into the labour market.
(a) In Ngqushwa Local Municipality, through the Labour Activation Programme funding was awarded to Walter University, 50 young people have been skilled in Animal Production and New Venture Creation with the purpose of encouraging self-sustainability and self-employment with potential to develop into entrepreneurship and employment of other young people. The 50 young people were recruited from the villages of Ngqushwa Local Municipality.
For this financial year 2023/2024, Ngqushwa Local Municipality, through its Local Economic Development Unit, is going to partner with the Department in recruitment, selection and placement of young people in their approved planned projects as per their IDP which are as follows:
• Bee keeping and honey processing
• Livestock movement project with feedlot and abattoir
• Training of young people in Traffic related opportunities
• Life guards for the 42km coastal area
These young people from all the villages of Ngqushwa Local Municipality will be encouraged to register in the ESSA database so that they can be recruited and placed in these opportunities. The ESSA database ensures that only people from that particular municipality are recruited according to the specification of the employer. The selected young people will also be provided with work ethics training and other life skills training such as financial management skills.
The Department continuously engages with other social partners to ensure more opportunities are marketed to local young people ensuring that they benefit from opportunities in their regions thus avoiding their influx into urban areas.
(b) The identified project and partnership is for this current financial year i.e. 2023/2034
City of Matlosana Local Municipality
The Department of Employment and Labour through its Labour Activation Programme (LAP) implement various projects to enhance the employability of the unemployed, to enable entrepreneurship and preserve jobs by integrating the unemployed people back to the labour market. This is achieved through entering into partnerships with both private and public sector entities to implement job creation initiatives and training of the unemployed and underemployed for the purpose of re-integrating them with labour market and economic transformation.
In the City of Matlosana, the LAP has implemented the following interventions since 2021:
Sector |
Intervention |
No. of Learners |
Area of Training |
Employer |
Project Status |
MICT SETA |
Learnership |
27 |
Film and TV Production |
Platinum NW TV |
Completed in 2021 |
MICT SETA |
Learnership |
3 |
System Support |
52 Benji |
Completed in 2021 |
MICT SETA |
Learnership |
1 |
System Support |
Sediko Primary School |
Completed in 2021 |
MICT SETA |
Learnership |
1 |
System Support |
Hotspot Café Internet and Business Solution |
Completed in 2021 |
MICT SETA |
Learnership |
1 |
System Support |
REX Building |
Completed in 2021 |
THENSA(Technological Higher Education Network South Africa) |
Learnership |
9 |
Environmental Practice |
A & P Scrap Metal Paper and Waste |
Project put on hold in 2021 due to contractual issues. To resume in 2023 |
TOTAL |
42 |
The following interventions are in the pipeline for implementation during 2023/2024 financial year
Sector |
Area |
No. Learners |
Project Status |
Media |
Matlosana |
300 |
Submission on route for DG approval |
Agriculture |
Matlosana |
7000 |
Submission on route for DG approval |
Hospitality, Sports, Media, Health, Textile |
Matlosana |
1000 |
Submission on route for DG approval |
Total |
|
8300 |
In addition, the DEL through Public Employment Services (PES), plays a significant role in coordinating programmes that contribute towards the reduction of unemployment, poverty and inequality across four districts in the North West Province. For the City of Matlosana, 1770 work seekers have been placed on various opportunities through the PES Programme since 2017:
Placement Opportunity Type |
Sector |
Area |
No. Workseekers |
Formal Job |
Various |
Matlosana |
588 |
Internship |
Various |
Matlosana |
46 |
Learnership |
Various |
Matlosana |
243 |
Projects |
Various |
Matlosana |
867 |
Total |
|
1770 |