Questions and Replies

Reply:

1. The department has never appointed a white hat hacker, instead the department requested State Information Technology Agency (SITA) Information Asset/host Security (ISS) to perform a vulnerability assessment using an automated tools to identify weaknesses which can be exploited by hackers and unauthorised attackers on the network (servers, workstations, printers and switches operating asset/host and packaged applications).

2. The department has embarked on a process of appointing a service provider for Cyber Security Services instead of appointing a white hat hacker. The scope of the appointed service provider will include continuous assessment of the security status of our ICT environment with routine vulnerability scans.

The project is planned to commence from the 1st of April 2020 once the service provider has been appointed, meaning that the appointed service provider will provide the services of the white hat hacker and more.

Reply:

The Honourable Mr JJ Londt will recall that the Minister of Finance developed a policy discussion paper and promised to table it for discussions at NEDLAC. As soon as the Minister of Finance tables the paper at NEDLAC, NEDLAC, social partners, which includes Government, will engage with the issues raised in that paper as it relates to the labour market. The honourable member is also reminded of the fact that the development of labour market policy is predicated on social dialogue engagements amongst the social partners which include organized business and labour as well as Community at NEDLAC. Any amendment to labour law and policy will therefore have to be engaged with at NEDLAC.

Reply:

The honourable member should be appraised that the Department of Employment and Labour uses the official statistics as produced by Statistics South Africa. Thus, the response below is based on StatsSA data from the Quarterly Labour Force Survey. All reports are accessible through the StatsSA website

(a) What is the current percentage of the unemployed?

According to Statistics SA report (Quarterly Labour Force Survey Results) Quarter 4 of 2019, the current official unemployed rate was 29.1 percent.

(b) How many temporary employees were employed in all the sectors?

The Quarterly Labour Force Survey results show the number of employees who are employed on limited duration. The table below provides details on the number of employees who were employed on limited duration from 2013 to 2019 for all quarters.

Nature of Employment contract
Number of employees who are employed on limited duration (all sectors)
	Jan-Mar	Apr-Jun	Jul-Sep	Oct-Dec
Year	Thousand	Thousand	Thousand	Thousand
2013	1 655	1 700	1 848	1 975
2014	1944	2 001	2 019	2 010
2015	2 052	1 983	1 963	1 959
2016	1 859	1 775	1 928	1 890
2017	1 857	1 786	1 856	1 898
2018	1 936	1 858	1 827	1 961
2019	1 812	1 826	1 814	1 846

Source: Statistics South Africa; Quarterly labour Market Bulletin Quarter 4: 2013-19

Reply:

The honourable member should be appraised that the Department of Employment and Labour has continually published an annual analysis of the strike incidents (January to December) in the country. This is in line with the national and international requirements. The strikes information is based on the information supplied by the employers in the Labour Relations Act (LRA) Forms 9.2 after the strike incident ended in a particular work place. All industrial action reports are accessible through the DEL website (Noting that the 2019 Industrial Action results are still under development phase).

a) How many working days were lost as a result of strike actions in the (i) 2013/14, (ii) 2014/15, (iii) 2015/16, (iv) 2016/17, (v) 2017/18 and (vi) 2018/19 financial years,

Calendar year (January to December)

Year (January to December)	2013	2014	2015	2016	2017	2018
No. of Strikes and lockouts	114	88	110	122	132	165
Working days lost	1 847 006	10 264 775	903 921	960 489	946 323	1 158 945

b) which sectors experienced the highest rate of strike actions,

In all the years, the Community industry recorded the highest strike actions as per the DEL strike database.

Year (January to December)	2013	2014	2015	2016	2017	2018
Sector	Community	Community	Community	Community	Community	Community
Number of strike	34	30	34	47	58	77

c) how much was lost in wages in respect of strike actions for the said period,

Year (January to December)	2013	2014	2015	2016	2017	2018
Wages Lost (Rands)	6 732 108 487	6 176 768 282	116 546 293	161 049 109	251 409 542	266 898 061

 

(d) what was the employment-to-population ratio,

Year (January to December)	2013	2014	2015	2016	2017	2018
Employment to population ratio	43.3	43.0	44.2	43.5	43.1	43.3

(e) (i) how many low-skilled workers were employed for the said period and

According to Statistics SA report (Labour Market Dynamics), proportions of low skilled workers were published. However, the details could not be obtained at the time this reply was concluded.

Year	Low- skilled occupation	Semi- Skilled Occupation	Skilled occupation
2013	42,8	45,2	12,0
2014	28,2	47.2	24.6
2015	30.2	47.6	22.3
2016	29,7	46,9	23,4
2017	29,5	47,0	23,5

(ii) Which sector was the largest component that employed such workers?

The largest component of low-skilled workers were employed in the construction industry but the domestic sector is another sector where low-skilled workers are also employed.

Reply:

The Department of Employment and Labour is not in a position to respond to the question as it falls under the Department of Justice and Correctional Services. The duty of the Department of Employment and Labour is to refer all non-compliant employers to the Commission for Conciliation, Mediation and Arbitration (CCMA) after the amendments to the Basic Conditions of Employment and to the Labour Courts for all matters that were not yet filed with Labour Court when the amendment took effect.

Reply:

(a) The total number of work seekers with disabilities registered on the Employment Services System South Africa (ESSA) during 2017/18 was 6 197 and the total opportunities registered were 131 994.

(b) The total number of registered people with disabilities during 2018/19 were 6 307 and the total opportunities registered were 172 814.

(i) The total number of registered people with disabilities placed during 2017/18 were 594 and;
(ii) the total placed during 2018/19 was 604.

Reply:

DEPARTMENT OF EMPLOYMENT AND LABOUR

“RESPONSE TO PARLIAMENTARY QUESTION”

(a) inauguration of the President of the Republic, Mr M C Ramaphosa, held in Pretoria on 25 May 2019 and

(b) State of the Nation Address held in Cape Town on 20 June 2019; if so, in each case

(a) Attending the Inauguration of the President of the Republic held in Pretoria on 25 May 2019	(i) what costs were incurred and	(ii) for what reason?
	Nil	Nil
(b) State of the Nation Address held in Cape Town on 20 June 2019; if so, in each case,
	R93 156.95	Flights and Accommodation

Reply:

 

NAME OF THE PUBLIC ENTITY	DATE	WHETHER EXTERNAL OR INTERNAL FORENSIC REPORT?	NAME OF FORENSIC REPORT(ii)(aa)
Head Office	2016/05/17	Internal	Misconduct by officials
	2014/03/20	Internal	Unethical Conduct
	2015/05/17	Internal	Corruption
	2016/02/09	Internal	Fraud
	2016/06/06	Internal	Fraud
	2016/06/06	Internal	Fraud
	2016/07/11	Internal	Fraud
	2016/07/11	Internal	Corruption
	2017/04/17	Internal	Corruption
	2017/07/13	internal	Fraud
	2017/08/02	Internal	Fraud
	2017/11/11	Internal	bribe
	2017/12/14	Internal	bribe
	2018/07/06	Internal	Fraud
	2018/07/10	Internal	Misconmduct
	2018/07/25	Internal	unethical Conduct
	2018/07/26	Internal	Unethical Conduct
	2019/07/06	Internal	Misconduct by officials
	2019/07/11	Internal	Unethical Conduct
	2019/07/16	Internal	Unethical Conduct
NEDLAC	Sep-18	Internal	Special Investigation by ORCA
CCMA	2015	External (commissioned in 2015)	Sekela Xabiso ForensicReport
PSA	04 April 2018	External	NEXUS UIF Final Report - Productivity SA Investigation (Turnaround Solutions Project)
UIF	2016/07/08	External	Fraud & Corruption
	2017/08/17	External	Compliance
	2016/06/20	External	Fraud & Corruption
	2016/11/17	External	Fraud & Corruption
SEE	None	None	None

Find here: NAME OF THE PUBLIC ENTITY

Reply:

(1) Report attached herewith;

(2) The matter was referred to the Office of the Public Prosecutor in Kempton Park.

Reply:

The bulk of expenditure incurred by the Department for advertising is procured through Government Communication and Information Services (GCIS), in terms of Cabinet Memo 8 of 1998, therefore the Department is unable to provide a comprehensive list of services procured from black-owned media companies.

The difference, as listed in the table below, is procurement done in accordance with Government Supply Chain Management prescripts.

The Department incurred the following expenditure for advertising:

Financial Year	Total Expenditure - GCIS	Total Amount Disclosed in the Annual Financial Statements (AFS)	Difference between AFS and GCIS Expenditure
2016-17	R 6 938 289.21	R   9 882 088.97	R 2 943 799.76
2017-18	R 12 422 862.89	R 14 430 741.57	R 2 007 878.68
2018-19	R 10 787 411.66	R 14 919 240.30	R4 131 828.64

DEL PROCUREMENT
	HEAD OFFICE	LIMPOPO	FREE STATE	MPUMALANGA	GAUTENG	EASTERN CAPE	NORTHERN CAPE	WESTERN CAPE	KZN	NORTH WEST	TOTAL PER YEAR
2016/17	R 615 742,00	R 0,00	R 35 200,00	R 0,00	R 1 820 219,00	0	0	R 0,00	R 0,00	R 8 750,00	R 2 479 911,00
2017/18	R 265 668,00	R 0,00	R 6 999,00	R 12 500,00	R 1 937 992,60	R 26 058,00	R 0,00	R 0,00	R 9 539,84	R 62 450,00	R 2 321 207,44
2018/19	R 1 524 850,00	R 0,00	R 103 029,84	R 53 014,90	R 3 377 709,20	R 175 577,00	R 0,00	R 0,00	R 367 610,00	R 192 335,64	R 5 794 126,58
TOTAL	R 2 406 260,00	R 0,00	R 145 228,84	R 65 514,90	R 7 135 920,80	R 201 635,00	R 0,00	R 0,00	R 377 149,84	R 263 535,64	R 10 595 245,02
	GCIS HEAD OFFICE
2016/17	R 650 000,00
2017/18	R 1 000 000,00
2018/19	R 600 000,00
TOTAL	R 2 250 000,00

DEL PROCUREMENT- ADVERTS
2016/17
AMOUNT	SERVICE PROVIDER	BEE STATUS	BEE STATUS	OFFICE
R 23 175,00	Foxcom Enterprises	100%	1	H/O
R 341 250,00	Zeina Projects and Consultancy CC	100%	1	H/O
R 222 000,00	Foxcom Enterprises	100%	1	H/O
R 9 000,00	Blackpage Marketing	100%	1	H/O
R 20 317,00	ECM Group	100%	1	H/O
R 9 100,00	MASE METHE TRADING	100%	1	FS
				FS
R 2 850,00	MOKOPANE ENTERPRISE	100%	1	FS
R     6 669.00	MONG KA BATHO	100%	1	FS
R 23 250,00	BAZIX FIRST	100%	1	FS
R 216 500,00	Yabalasha youth Projects	100%	1	GP
R 460 989,00	T&T Nkosi Trading	100%	1	GP
R 320 500,00	Keashuma	100%	1	GP
R 279 800,00	Cutting Plate and projects	100%	1	GP
R 201 000,00	Soweto Guardian	100%	1	GP
R 28 092,23	Radio Zibonele	100%	1	WC
R 8 750,00	Village FM	100%	1	NW
R 19 000,00	Patshimo Trading	100%	1	ON BAS
R 85 500,00	Radio River	100%	1	ON BAS
R 460 989,00	TNT Nkosi Trading	100%	1	ON BAS
R 136 800,00	Mabs Consulting Group	100%	1	ON BAS
R 34 200,00	Alfred Nzo Community Radio	100%	1	ON BAS
R 21 978,00	Radio NFM	100%	1	ON BAS
R 10 670,40	Pondo News	100%	1	ON BAS
R 2 935 710,63
2017/18
AMOUNT	SERVICE PROVIDER	BEE STATUS	BEE STATUS	OFFICE
R 30 424,00	Gijima Holdings	100%	1	H/O
R 250,00	Government Printing Works	100%	1	H/O
R 105 850,00	Avant-Garde Data Consulting Solutions	100%	1	H/O
R 66 870,00	Mamoletu Communications	100%	1	H/O
R 62 274,00	Rocam Trading	100%	1	H/O
R 6 999,00	Artikulay	100%	1	FS
R 3 000,00	KANYAMAZANE COMMUNITY RADIO	100%	1	MP
R 9 500,00	SKANDI MANAGEMENT CONTRACTORS	100%	1	MP
R 87 332,00	Mogohle Morofane Trading	100%	1	GP
R 30 231,60	Lesegomo Trading	100%	1	GP
R 61 560,00	GNG Risk Management	100%	1	GP
R 216 125,00	Boshiwe Trading and Projects	100%	1	GP
R 9 970,00	AJS Events & Projects	100%	1	GP
R 483 910,00	Loxion Scamtho	100%	1	GP
R 368 694,00	Pondile Multi Trade	100%	1	GP
R 195 170,00	Sirakhulo DDD Enterprise	100%	1	GP
R 485 000,00	Boikhutso Development	100%	1	GP
R35 400.00	Lathi-Thaa Community Radio Station	100%	1	EC
R8 600.00	Smart Job Suppliers	100%	1	EC
R25 000.00	Alfred Nzo Community Radio	100%	1	EC
R45 936.00	Qaukeni Peoples Organisation	100%	1	EC
R 58 050,86	Radio Zibonele	100%	1	WC
R 21 000,00	Elgin FM	100%	1	WC
R 10 000,00	Elgin FM	100%	1	WC
R 25 138,95	Radio Zibonele	100%	1	WC
R 18 469,92	Plainsman	not on CSD		WC
R 3 144,87	Art Spectrum	100%	1	WC
R 494,97	Bidvest Walton	51%	2	KZN
R 5 900,00	Honbu Trading	100%	1	KZN
R 19 200,00	Domofun	100%	1	NW
R 15 500,00	Aganang Community Radio station	100%	1	NW
R 12 150,00	DE Glamory	100%	1	NW
R 15 600,00	Mahikeng FM	100%	1	NW
R 4 093,00	AJS Events & Projects	100%	1	ON BAS
R 6 091,43	Eden FM	100%	1	ON BAS
R 29 794,00	Eden FM	100%	1	ON BAS
R 2 467 787,60
2018/19
AMOUNT	SERVICE PROVIDER	BEE STATUS	BEE STATUS	OFFICE
R 16 471,00	.0..	100%	1	HO
R 138 100,00		100%	1	HO
R 155 000,00	Mokgalakgate Trading	100%	1	HO
R 90 896,00	Protea Leather Natal (Pty) Ltd	100%	1	HO
R 494 478,00	Foxcom Enterprises	100%	1	HO
R 6 555,00	Phomolo Enterprises	100%	1	HO
R 153 000,00	Alexander Forbes	51%	2	HO
R 470 350,00	Euro Blitz 1190 CC	100%	1	HO
R 22 170,68	LETLAKAMEDIA	100%	1	FS
R 4 663,18	LETLAKAMEDIA	100%	1	FS
R 17 548,86	CALVARY ENTERPRISEE	100%	1	FS
R 11 648,12	LETLAKA COMMUNICATIONS	100%	1	FS
R 6 999,00	ARTKULAY	100%	1	FS
R 40 000,00	TPM MUSIC PRODUCTION	100%	1	FS
R 36 419,00	MBAWULA TRADING & PROJECTS	100%	1	MP
R 16 595,90	NOMBUSO COMMUNICATIONS	100%	1	MP
R 194 470,00	Tshepo-Entle Trading	100%	1	GP
R 185 000,00	Moshaati	100%	1	GP
R 229 000,00	Genesis Innovations Projects	100%	1	GP
R 168 000,00	Cutting Plate and projects	100%	1	GP
R 282 900,00	RA Productios	100%	1	GP
R 6 000,00	Avant -Garde data	100%	1	GP
R 219 200,00	Genesis Innovations Projects	100%	1	GP
R 395 000,00	Namhla Communications	100%	1	GP
R 216 951,00	Yabalasha youth Projects	100%	1	GP
R 390 050,00	Presh World	100%	1	GP
R26 716.80	Vukani Community Radio	100%	1	EC
R148 860.00	Nomhas Kitchen & Bakery	100%	1	EC
R 47 610,00	Alert Stationers CC	100%	1	KZN
R 320 000,00	032 Investment & Projects	100%	1	KZN
R 171 350,00	Motswako Media Group	100%	1	NW
R 95 400,00	Domofun	100%	1	NW
R 71 450,00	Star FM	100%	1	NW
R 1 900,00	Rocom Trading	100%	1	ON BAS
R 4 675 175,74

Public Entities reporting to the Minister of Employment & Labour:

NAME OF ENTITY	UNEMPLOYMENT INSURANCE FUND
	2016-17 (aa)	2017-18 (bb)	2018-19 (cc)
Advertising Expenditure (1)(a)(ii)	R0.00	R0.00	R0.00
Total Expenditure incurred (2)(b)	R0.00	R0.00	R0.00
Of which:
(2)(b)(i) Specified black-owned media company	R 1 486 638.08	R 879 504.94	R 186 709.80
(2)(b)(ii) Outdoor advertising	R 24 272 162.33	R 13 824 620.78	R 7 468 905.35
Outdoor Advertising spent (2)(c)	R0.00	R0.00	R0.00
Of which:
(2)(c) Black-owned media company	R0.00	R0.00	R0.00

NAME OF ENTITY	COMPENSATION FUND
	2016-17 (aa)	2017-18 (bb)	2018-19 (cc)
Advertising Expenditure (1)(a)(ii)	R 46 935 415.19	R 76 513 374.09	R 95 492 011.13
Total Expenditure incurred (2)(b)		R0.00	R0.00
Of which:
(2)(b)(i) Specified black-owned media company	R0.00	R0.00	R0.00
(2)(b)(ii) Outdoor advertising	R0.00	R0.00	R0.00
Outdoor Advertising spent (2)(c)	R0.00	R0.00	R0.00
Of which:
(2)(c) Black-owned media company	R0.00	R0.00	R0.00

NAME OF ENTITY:	SUPPORTED EMPLOYMENT ENTERPRISES
	2016-17 (aa)	2017-18 (bb)	2018-19 (cc)
Advertising Expenditure (1)(a)(ii)	R 260 890.41	R 554 688.63	R 4 571 080.34
Total Expenditure incurred (2)(b)	R 131 054.40	R 170 164.61	R 311 826.36
Of which:
(2)(b)(i) Specified black-owned media company	R 131 054.40	R 135 546.00	R 5 914.86
	Government Printing Work - R 10 250,01 – Government Highbury Safika Media (Pty) Ltd R 119 586,00 – White owned Ndalo Media (Pty) Ltd - R 58 140,00 – Black owned TJT Media T/A Indwe - R72 914,40 – Black owned	African Directory Services (Pty) Ltd 28 443,00 White African Energy Indaba (Pty) Ltd 110 200,38 White Bohlale Tebogo Trading and Projects 135 546,00 Black Dressmaker Dolls 116 571,04 White Government Printing Work 1 755,00 Government National Small Business Chamber 57 456,00 White Reed Exhibition T/A Thebe Reed Exhibition (Pty)Ltd 34 618,61 White Outdoor Scan Display Solutions 51 870,00 White TJT Media T/A Indwe 18 228,60 Black Owned	Batlhalefi Holdings 5 914,86 - Black Government Communication & Information 4 259 253,98 Gov Manufacturing Indab 305 911,50 White Outdoor
(2)(b)(ii) Outdoor advertising	R 0.00	R 34 618.61	R 305 911.50
Outdoor Advertising spent (2)(c)	R0.00	R0.00	R0.00
Of which:
(2)(c) Black-owned media company	R0.00	R0.00	R0.00

NAME OF ENTITY	PRODUCTIVITY SA
	2016-17 (aa)	2017-18 (bb)	2018-19 (cc)
Advertising Expenditure (1)(a)(ii)	R 18 749.99	R 16 780.00	R0.00
Total Expenditure incurred (2)(b)	R 16 780.00	R 16 780.00	-
Of which:
(2)(b)(i) Specified black-owned media company	R0.00	R0.00	R0.00
(2)(b)(ii) Outdoor advertising
Times media	R 18 749.99	R 16 780.00	R0.00
Outdoor Advertising spent (2)(c)	R 18 749.99	R 16 780.00	-
Of which:
(2)(c) Black-owned media company	R 18 749.99	R 16 780.00	-

NAME OF ENTITY	Commission for Conciliation, Mediation and Arbitration (CCMA)
	2016-17 (aa)	2017-18 (bb)	2018-19 (cc)
Advertising Expenditure (1)(a)(ii)	947 990,66	247 920,00	1 173 463,98
Total Expenditure incurred (2)(b)	947 990,66	247 920,00	1 173 463,00
Of which:
(2)(b)(i)Specified black-owned media company	947 990,66	247 920,00	1 173 463,00
Human Communications	256 664,41	75 773,91	218 874,92
Ayanda Mbanga Communication	122 150,92	68 923,63	-
Basadzi Personnel	184 881,31	33 293,36	-
Ebus-Tech Consulting	-	-	319 940,36
Kone Staffing Solution	183 953,18	-	-
Multilead Consulting	-	-	615 950,76
Ultimate Recruitment	200 340,84	69 929,10	18 696,96
(2)(b)(ii)Outdoor advertising	N/A	N/A	N/A
Outdoor Advertising spent (2)(c)	N/A	N/A	N/A
Of which:
(2)(c) Black-owned media company	N/A	N/A	N/A

NAME OF ENTITY	NEDLAC
	2016-17 (aa)	2017-18 (bb)	2018-19 (cc)
Advertising Expenditure (1)(a)(ii)	R 74 640.00	R 12 500.00	R 1 765.00
Total Expenditure incurred (2)(b)	R 74 640.00	R 12 500.00	R 1 765.00
Of which:
(2)(b)(i) Specified black-owned media company	R 64 640.00	R 1 500.00	R 1 765.00
Human Communication (BEE Level 1)	R 28 900.00
Basadzi Personnel (BEE Level 1)	R 33 990.00
Government Printing Works	R 1 750.00	R 1 500.00	R 1 765.00
(2)(b)(ii) Outdoor advertising	R0.00	R0.00	R0.00
Outdoor Advertising spent (2)(c)	R0.00	R0.00	R0.00
Of which:
(2)(c) Black-owned media company	R0.00	R0.00	R0.00

Reply:

The Compensation of Injuries on Duty Amendment Act has been finalised and will be presented to Parliament. The definition of ‘employee’ has been amended to include that of domestic workers. The revenue model included private household as a surplus’

Reply:

All registers and Logis were checked and these names could not be found or traced on any of the Departmental registers or the Central Supplier Database.

It is therefore not clear if these are Sole Proprietors or shareholders in companies, as there were no companies registered under these names perhaps because they are not companies, but directors. Perhaps if the company names can be given that may enable the department to verify the directors/ownership.

Reply:

Skills Development and learnership programmes were transferred to the Department of Higher Education and Science and Technology through a Presidential Proclamation in 2009 from the Department of Employment and Labour.

The Department of Employment and Labour provides free employment services to work-seekers and can extend these counselling services to those who are still within the schooling system. We will collaborate with the Department of Basic Education through these programmes to assist young people intending to join the labour market post Grade 9 to make better subject choices.

Having stated the above, there is no skills certification for Grade 9, what is being proposed is General Education Certificate which basically opens a way for career pathing.

Government is moving towards the creation of different paths for learners after they have obtained General Education Certificate. The plan whose trial is scheduled to be completed at the end of July 2020, is aimed at moving away from a single narrow path for learners, but opening up three streams model which have the academic, technical/ occupational pathways.

It is important to equip the learners with values, knowledge and skills that will enable or enhance their meaningful participation in society, to contributing towards developing sustainable communities, provide basis for further education and training and establish a firm foundation for skills development that must prepare learners for labour market.

Reply:

Whilst the criticism is acknowledged, it should be noted that these social partners together with civil society and government constitute what is NEDLAC and therefore such criticism could be regarded as criticism of our collective contribution towards the success of NEDLAC.

NEDLAC and its constituent parties has worked endlessly to address the efficacy as well as the relevance of the organization in the current debates whether economic, developmental and Labour issues. The honourable member needs not be reminded that the organization is currently seized with trying to address a number of critical issues such as the Presidential Jobs summit, the Eskom Leadership task team, amongst others. The honourable member should also take note that these social partners are also busy addressing governance structures and underlying founding documents in order to position the organization to go beyond being representative but also systematized such that it is more responsive and more agile to tackle emergent issues.

The question therefore as to whether the organization is fit for purpose should therefore be answered in the affirmative. As has been pointed out the organization is currently engaged in a governance discussion. Currently it is loaded with the task of being a designated home of the Presidential Jobs Summit, that is amongst other.

Reply:

1. Creating jobs and reducing unemployment are key socio-economic imperatives to promote South African inclusive growth and economic transformation. Among others, this will be achieved through transformation of labour market. Positive relationship between employers and employees lead to alleviation of poverty and inequality thereby producing economic growth. Since the inception of Employment Equity Act (EEA) 21 years ago, employers that employ 50 or more employees and those that employ between 0-49 employees but their annual turnover threshold is equal or above the prescribed one in Schedule 4 of the EEA, always had regulated powers to self-regulate their Employee Equity targets and EE Numerical Goals in their EE Plans in relation to how they wish to implement Affirmative Action in their workplaces.

The Labour Relations Act (LRA) is also premised on regulated flexibility. The bargaining council formation is a voluntary system which is decided upon by parties for their specific sector. They determine the conditions of employment and wages which are appropriate for their sector without any government intervention. The LRA requires that before bargaining councils could require the Minister to extend their collective agreements to non-parties within their sector, they should be sufficiently representative of that sector. There is no collective agreement that can be extended by the Minister of Employment and Labour if such a collective agreement does not take into consideration the affairs of small business within the sector, this is stipulated in our Labour Laws. Non-parties can apply to the council to be exempted from a collective agreement and if not happy about the decision of the bargaining council, they appeal to the exemption independent appeal body.

All what one is trying to demonstrate above without exhausting the list is that what is contained in the proposed economic recovery plan of Minister of Finance, Mr T T Mboweni in relation to employment and labour is mostly already found in our labour laws, regulations and policies and not only that, it is practiced, reviewed, amended as and when the need for that arises.

2. Yes, the Department of Employment and Labour has submitted inputs through our internal government coordination structures at Directors General Cluster and Ministerial Cluster Cabinet Committee levels.

3. The Department of Employment and Labour has a number of programmes that are creating employment opportunities and assisting our country’s economic recovery plans. These programmes are being reviewed to maximise their impact, improve efficiency and to take them to scale. The Department of Employment and Labour’s programmes have as their central theme, employment and they complement each other in both creation and preservation of employment. These programmes and interventions include the following:-

1. Public Employment Services Branch provision of free employment services to the public i.e. work seekers and employers in areas of registration, work opportunities registration, counselling services and placement in registered opportunities
2. Unemployment Insurance Fund / Compensation Fund investments in State Owned Enterprises through the Public Investment Cooperation and the Independent Development Cooperation
3. UIF/CF/PES Labour Activation Programme and Employment Schemes that are placing people in employment.
4. DEL Entities interventions such as Productivity SA: Assistance to companies to Turn Around their situations, establishment of workplace forums to improve productivity and to withstand competition,
5. NEDLAC initiatives aimed at broadening social dialogue and consultation on a range of matters to maintain peace and stability in their labour market.
6. CCMA dispute resolutions interventions to maintain work place peace and prevention of loss of production.
7. Promotion of employment of people with disabilities though Employment equity enforcement, subsidies to 13 Supported Employment Enterprises factories that we own and other 10 other organisations that employ new people with disabilities.
8. Inspection and Enforcement interventions that are aimed at ensuring that minimum standards are maintained in the work places and to prevent occupational injuries and deceases.
9. UIF and CF Payments that are made to beneficiaries to provide income replacement in instances of loss of employment or occupational injuries and deceases

Reply:

No, Honourable Member, there is no intention of reviewing the labour legislation that provides for equal pay for work of equal value. The rationale not to review is informed by the fact that the current provisions of equal pay for work of equal value in Sections 6(4) and 6(5) of the Employment Equity Amendment Act, 2013, read with the Employment Equity Regulations, 2014 already protect all employees against unfair discrimination in relation to pay and benefits.

In fact, all employers are prohibited to unfairly discriminate directly or indirectly on one or more of the prohibited grounds listed under Section 6(1) of the EEA against any employee in relation to terms of conditions of employment, inclusive of pay; between employees of the same employer performing the same work or substantially the same work or work of equal value.

These provisions protect the rights of all employees against unfair discrimination in pay and benefits irrespective of their employment status or work arrangements. Irrespective of whether an employee is temporary for a period of less than 3 months, or an employee works more than 3 months on a fixed term contract, the principle of equal pay for work of equal value must be applied fairly without any prejudice or unfair discrimination.

It is important to highlight that all disputes of equal pay for work of equal value must be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) or to the Labour Court in terms of Section 10 of the Employment Equity Act.

Reply:

It is important to highlight that in order to expedite the pace of transformation and address non-compliance with the requirements of the Employment Equity Act (EEA), there are proposed amendments in the EE Amendment Bill, 2019, which include progressive measures that will be undertaken by Government to address non-compliance. The EE Amendment Bill will be tabled in Parliament for deliberation probably before the end of this year.

Noteworthy is that, the primary objectives of these amendments are two-fold:

(i) to empower myself as the Minister of Employment and Labour to regulate sector specific numerical EE targets, which must be complied with in order to accelerate transformation in various economic sectors because the current self-regulated EE targets did not yield positive results over the 21 years of the EEA; and

(ii) to enable the promulgation of Section 53 of the EEA that deals with the issuing of an EE Certificate of Compliance as a prerequisite for accessing State Contracts and to do business with the State.

This is a punitive measure to all those organisations that are non-compliant to stop them from continuing to reap financial benefits in doing business with the State.

Noteworthy is that, even those non-compliant organisations that do not necessary depend on State Contracts for their business, will still have to face consequences by being referred to the Labour Court for a penalty to be levied against them as per Schedule 1 of the EEA.

Reply:

We know that the call Centre (business process outsourcing) industry employs 54000 people. However, the department does not have a breakdown of how many of the 54000 are South Africans.

Reply:

(a) R 57 549 018,59 total for (aaa) 2017/18 financial year

(i) (aa) Cleaning services R12 072 641.88

(bb) Security services R36 778 192.43

(cc) Gardening services R 301 669.55

Entities

(ii) (aa) Cleaning services R 5 875 417,37

(bb) Security Services R 2 409 742,36

(cc) Gardening Services R 111 355,00

a) R 73 632 992,87 total for (bbb) 2018/19 financial year

(i) (aa) Cleaning services R14 351 278.43

(bb) Security services R46 012 132.71

(cc) Gardening services R 456 801.36

Entities

(ii) (aa) Cleaning Services R 6 604 433,82

(bb) Security Services R 6 208 346,55

(cc) Gardening Services R nil

(b) Please see attached spread sheets for 2017/18 and 2018/19 financial years with details of payments to each service provider and;

(c) Total amount per service provider.

Reply:

a) Employment equity profile of the Western Cape provincial departments as reported in the 2018 EE Reporting period is as follows:

b) Western Cape Provincial Government Departments’ EE profile (2018)

1.1 Please report the total number of employees (including employees with disabilities) in each of the following occupational levels: Note: A=Africans, C=Coloureds, I=Indians, W=Whites
Occupational Levels	Male	Female	Foreign National	Total
	A	C	I	W	A	C	I	W	Male	Female
Top Management	376	1053	304	7369	163	603	157	1811	260	49	12145
	3,1%	8,7%	2,5%	60,7%	1,3%	5,0%	1,3%	14,9%	2,1%	0,4%	100,0%
Senior Management	1383	3185	821	10525	763	2232	528	5402	499	191	25529
	5,4%	12,5%	3,2%	41,2%	3,0%	8,7%	2,1%	21,2%	2,0%	0,7%	100,0%
Professionally qualified and experienced specialists and mid-management	7503	12301	2262	20588	7045	12178	1967	17647	1694	674	83859
	8,9%	14,7%	2,7%	24,6%	8,4%	14,5%	2,3%	21,0%	2,0%	0,8%	100,0%
Skilled technical and academically qualified workers, junior management, supervisors, foremen, and superintendents	40246	47550	3583	25291	37418	46330	4083	31329	3901	1762	241493
	16,7%	19,7%	1,5%	10,5%	15,5%	19,2%	1,7%	13,0%	1,6%	0,7%	100,0%
Semi-skilled and discretionary decision making	111512	76404	2659	9772	147124	90216	3830	17667	6374	2368	467926
	23,8%	16,3%	0,6%	2,1%	31,4%	19,3%	0,8%	3,8%	1,4%	0,5%	100,0%
Unskilled and defined decision making	87594	48332	558	1854	85155	46576	503	1076	5182	2146	278976
	31,4%	17,3%	0,2%	0,7%	30,5%	16,7%	0,2%	0,4%	1,9%	0,8%	100,0%
TOTAL PERMANENT	248614	188825	10187	75399	277668	198135	11068	74932	17910	7190	1109928
	22,4%	17,0%	0,9%	6,8%	25,0%	17,9%	1,0%	6,8%	1,6%	0,6%	100,0%
Temporary employees	31628	17085	347	2693	33034	22001	407	3368	4321	2613	117497
	26,9%	14,5%	0,3%	2,3%	28,1%	18,7%	0,3%	2,9%	3,7%	2,2%	100,0%
GRAND TOTAL	280242	205910	10534	78092	310702	220136	11475	78300	22231	9803	1227425

Western Cape Provincial Government Departments’ EE Profile for Persons with Disabilities Only (2018)

1.2 Please report the total number of employees with disabilities only in each of the following occupational levels: Note: A=Africans, C=Coloureds, I=Indians, W=Whites
Occupational Levels	Male	Female	Foreign National	Total
	A	C	I	W	A	C	I	W	Male	Female
Top Management	6	23	8	84	1	22	3	22	2	0	171
	3,5%	13,5%	4,7%	49,1%	0,6%	12,9%	1,8%	12,9%	1,2%	0,0%	100,0%
Senior Management	11	54	12	140	2	38	8	60	2	1	328
	3,4%	16,5%	3,7%	42,7%	0,6%	11,6%	2,4%	18,3%	0,6%	0,3%	100,0%
Professionally qualified and experienced specialists and mid-management	43	150	27	262	35	111	21	187	11	3	850
	5,1%	17,6%	3,2%	30,8%	4,1%	13,1%	2,5%	22,0%	1,3%	0,4%	100,0%
Skilled technical and academically qualified workers, junior management, supervisors, foremen, and superintendents	256	583	47	403	220	434	46	387	12	3	2391
	10,7%	24,4%	2,0%	16,9%	9,2%	18,2%	1,9%	16,2%	0,5%	0,1%	100,0%
Semi-skilled and discretionary decision making	755	843	40	261	875	837	47	268	10	5	3941
	19,2%	21,4%	1,0%	6,6%	22,2%	21,2%	1,2%	6,8%	0,3%	0,1%	100,0%
Unskilled and defined decision making	812	546	20	87	862	420	7	64	7	6	2831
	28,7%	19,3%	0,7%	3,1%	30,4%	14,8%	0,2%	2,3%	0,2%	0,2%	100,0%
TOTAL PERMANENT	1883	2199	154	1237	1995	1862	132	988	44	18	10512
	17,9%	20,9%	1,5%	11,8%	19,0%	17,7%	1,3%	9,4%	0,4%	0,2%	100,0%
Temporary employees	203	97	6	17	231	89	5	10	1	0	659
	30,8%	14,7%	0,9%	2,6%	35,1%	13,5%	0,8%	1,5%	0,2%	0,0%	100,0%
GRAND TOTAL	2086	2296	160	1254	2226	1951	137	998	45	18	11171

c) Employment equity profile of the Western Cape municipal councils as reported in the 2018 EE Reporting period is as follows:

Please report the total number of employees (including employees with disabilities) in each of the following occupational levels: Note: A=Africans, C=Coloureds, I=Indians, W=Whites
Occupational Levels	Male				Female				Foreign National	Total
	A	C	I	W	A	C	I	W	Male	Female
Top Management	6	21	0	9	5	8	0	4	0	0	53
	11.3%	39.6%	0.0%	17.0%	9.4%	15.1%	0.0%	7.5%	0.0%	0.0%	100.0%
Senior Management	13	50	6	57	7	12	4	15	0	1	165
	7.9%	30.3%	3.6%	34.5%	4.2%	7.3%	2.4%	9.1%	0.0%	0.6%	100.0%
Professionally qualified and experienced specialists and mid-management	198	694	41	607	160	350	26	277	19	6	2378
	8.3%	29.2%	1.7%	25.5%	6.7%	14.7%	1.1%	11.6%	0.8%	0.3%	100.0%
Skilled technical and academically qualified workers, junior management, supervisors, foremen, and superintendents	1164	3274	44	868	1252	1826	28	504	34	9	9003
	12.9%	36.4%	0.5%	9.6%	13.9%	20.3%	0.3%	5.6%	0.4%	0.1%	100.0%
Semi-skilled and discretionary decision making	2067	4302	31	344	1583	2634	39	443	7	4	11454
	18.0%	37.6%	0.3%	3.0%	13.8%	23.0%	0.3%	3.9%	0.1%	0.0%	100.0%
Unskilled and defined decision making	2570	3687	11	75	1173	1177	3	15	8	0	8719
	29.5%	42.3%	0.1%	0.9%	13.5%	13.5%	0.0%	0.2%	0.1%	0.0%	100.0%
TOTAL PERMANENT	6018	12028	133	1960	4180	6007	100	1258	68	20	31772
	18.9%	37.9%	0.4%	6.2%	13.2%	18.9%	0.3%	4.0%	0.2%	0.1%	100.0%
Temporary employees	303	327	0	25	202	248	1	31	0	0	1137
	26.6%	28.8%	0.0%	2.2%	17.8%	21.8%	0.1%	2.7%	0.0%	0.0%	100.0%
GRAND TOTAL	6321	12355	133	1985	4382	6255	101	1289	68	20	32909

Western Cape Municipal councils’ EE Profile for Person with Disabilities Only (2018)

Occupational Levels	Male				Female				Foreign National	Total
	A	C	I	W	A	C	I	W	Male	Female
Top Management	0	0	0	0	0	0	0	1	0	0	1
	0.0%	0.0%	0.0%	0.0%	0.0%	0.0%	0.0%	100.0%	0.0%	0.0%	100.0%
Senior Management	0	2	0	2	0	1	0	0	0	0	5
	0.0%	40.0%	0.0%	40.0%	0.0%	20.0%	0.0%	0.0%	0.0%	0.0%	100.0%
Professionally qualified and experienced specialists and mid-management	2	24	1	24	3	6	0	5	0	0	65
	3.1%	36.9%	1.5%	36.9%	4.6%	9.2%	0.0%	7.7%	0.0%	0.0%	100.0%
Skilled technical and academically qualified workers, junior management, supervisors, foremen, and superintendents	15	71	3	37	12	49	1	31	3	0	222
	6.8%	32.0%	1.4%	16.7%	5.4%	22.1%	0.5%	14.0%	1.4%	0.0%	100.0%
Semi-skilled and discretionary decision making	30	75	0	18	19	61	2	31	0	0	236
	12.7%	31.8%	0.0%	7.6%	8.1%	25.8%	0.8%	13.1%	0.0%	0.0%	100.0%
Unskilled and defined decision making	31	93	0	3	12	24	0	3	0	0	166
	18.7%	56.0%	0.0%	1.8%	7.2%	14.5%	0.0%	1.8%	0.0%	0.0%	100.0%
TOTAL PERMANENT	78	265	4	84	46	141	3	71	3	0	695
	11.2%	38.1%	0.6%	12.1%	6.6%	20.3%	0.4%	10.2%	0.4%	0.0%	100.0%
Temporary employees	0	3	0	0	0	0	0	0	0	0	3
	0.0%	100.0%	0.0%	0.0%	0.0%	0.0%	0.0%	0.0%	0.0%	0.0%	100.0%
GRAND TOTAL	78	268	4	84	46	141	3	71	3	0	698

Reply:

The question is replied to by means of a Spreadsheet with three pages attached.

Page one deals with the number of disputes referred breaking them down to CCMA centres.

Page two deals with the statutory provision the disputes are based on.

Page three breaks down issues and provides figures.

Please note that information furnished here has been so from 1st January to 30 January 2019

 

Reply:

PERSONS EMPLOYED IN THE TRADE SECTOR IN SOUTH AFRICA

PROVINCE	TOTAL_ACTIVE_EMPLOYEES (AS ON 23-JUN-2019)
GAUTENG	2 029 714
WESTERN CAPE	1 212 098
KWAZULU NATAL	695 013
MPUMALANGA	293 531
EASTERN CAPE	258 762
FREE STATE	107 266
NORTH WEST	69 609
LIMPOPO	67 714
NORTHERN CAPE	48 163
GRAND TOTAL	4 781 870

Source: UIF Operations system

According to the operations system of the UIF more than 4.7 million people are employed in the trade sector in South Africa. The provinces of Gauteng, Western Cape and KwaZulu-Natal has 82% of the employees with Gauteng alone contributing 42% of the total employees. The Northern Cape has the least number of employees at just over 48 000.

Reply:

a) The Department of Employment and Labour under the Employment Services Act provides free recruitment and placement services to employers and work seekers alike.

220,851 work seekers were registered by Department of Employment and Labour centres during Quarter 1 of 2019, against an annual target of 700,000.

Through various partnerships with employer organizations a total of 52,894 employment opportunities were registered by Department of Employment and Labour centres during Quarter 1 of 2019, against an annual target of 90,000.

The department also profiles and assess competencies of registered work seekers to shorten employer recruitment and selection process. During Q1 a total of 70,086 work seekers were provided with employment counselling by against an annual target of 210,000.

The counselling services are an important step in identification of work seekers for referral for selection and placement by various employers or for further training in various training institutions. 18,126 registered employment opportunities were filled during Quarter 1 of 2019 against an annual target of 45,000.

b) The Department of Employment and Labour through the Unemployment Insurance Fund (UIF) has partnered with about 32 State Owned training providers and institutions to implement training of UIF beneficiaries. The intention is to pilot the project with training of over 160 000 learners over a period of three years. The training will vary from Skills Programme to Learnership to Artisan. The projected budget for the intervention is estimated at R7.9 billion over the period of three years.

Through this intervention 6000 artisans will be trained at the cost estimation of over R800 million. Learnership will take about 67 000 learners at an estimated cost of R3.7 billion. There are 400 of the claimants who have skills and need to be assisted with certification through Recognition of Prior Learning(RPL), at a cost of R15 million. A further 81 000 of the learners will be taken through the skills Programme at a cost of about R2.5 billion to enable them access to training and possible job placement. The final leg is the introduction of enabling entrepreneurship through enterprise development and training. Just over 1 400 will be trained in this area with the intention of absorbing trainees from other Programmes and linking to the market.

As at quarter 1; 20 000 people are in training with over 75% being young people and more 50% of the total being women.

The intervention is expected to grow over time to an extent that as and when a claimant visits the Department of Employment and Labour to claim for unemployment an opportunity will be ready for the claimants to link up the benefit payment with training thereby reduce cost on paying stipend.

Reply:

Unemployment Insurance Fund

1. Project Development Partnership(PDP)

The Department of Employment and Labour through PIC and the UIF launched the Project Development Partnership (PDP) Fund on the 14 December 2018. The Fund is aimed at supporting and creating jobs through creating and funding early-stage businesses. An allocation of R2bn is directed towards the PDP Fund, and this allocation is funded by the UIF. The PDP Fund is specifically directed at performing the following roles:

• Offering funding to create and grow small businesses, therefore creating new companies.
• The PDP Fund would fund companies in sectors such as Agribusiness and Bio- science, Mining and beneficiation, Manufacturing and ICT, social infrastructure, Water and related services, financial services, and Youth innovation.
• President Ramaphosa highlighted the importance of South Africa’s participation in the 4th Industrial Revolution and emphasized the need to move with greater focus and urgency to develop the skills, human capital, institutions and strategies that are required to seize the advantages of this technological change. The PDP Fund echoes the sentiments of our President and will focus on investing in projects which are solving SA socio-economic challenges through investment projects which are aligned to 4th Industrial Revolution.
• The PDP Fund is expected to create and support over 10 000 jobs (direct and indirect), particularly ensuring Future of Work opportunities are utilized

The PDP fund allocation of R2bn will be split into two investment streams. A portion will be invested by PIC directly into early-stage businesses and projects. The other portion of the R2bn allocation will be allocated to black-owned fund managers with an intention to transform the asset management industry in South Africa.

Progress since the launch:

• 194 applications were received for funding from the PDP fund, 85% have been screened. 73 were received from the public application process
• Request for proposals (RFP) were completed and processed for the appointment of the fund managers, and 5 managers have been shortlisted.
• All 5 fund managers are Black-owned and have excellent pipeline that includes projects that offer key unlocks for the South African economy and align well with employment creation targets

Project Bokamoso, the agricultural high-value land development flagship project, is progressing well and is in the Due-Diligence stage of the investment process. Other direct large-scale projects in pipeline includes:

• • Project Energise – beneficiation/ rural electrification / local manufacturing
  • Project Hope – High-tech satellite manufacture / agriculture / water
  • 2 Education / Healthcare project under consideration
  • 2 Primary agricultural development projects e.g. Macadamia Co-op (Eastern Cape and Limpopo)
  • 2 manufacturing projects under consideration – both targeted in SEZs for export market
  • Bonds4Jobs – youth skills development and employment placing
  • Mining and rehabilitation – high-tech/ low-cost minerals extraction

2. High Social Impact Portfolio(HSIP)

The aim of the Fund is a first step to put into effect the newly signed Unemployment Insurance Act as Amended 2017 Section 5(d) which states that: “Financing of the retention of contributors in employment and the re-entry of contributors into the labour market and any other scheme aimed at the vulnerable workers”. The purpose of the HSIP was born out of the above mentioned section and is just but one of the intervention the Department of Employment and Labour has embarked on to pro-actively intervene in the market where it’s possible to do so.

Purpose: The HSIP aims to fund interventions in entities in order to ensure job preservation and creation. It will target transactions where the current risk of significant direct job losses is high.

Social Impact Criteria and Expectations: Minimum social return of X% of the investment amount based on the value to the UIF of the primary social impacts. The primary social impacts that will be measured are related to the expected jobs saved at the target entity or that can be proven downstream:

• Saving of claim payments;
• Retention of UIF contributions;
• Impact on the Fiscus (e.g. PAYE)

Investment Criteria: The investments should contribute to the preservation and creation of sustainable job opportunities in particular for women, youth and other designated persons.

Progress to Date

• HSIP was only launched in February 2019
• The Department through UIF set aside R3 billion for the portfolio
• R1.2 billion was invested in Edcon acquiring a stake of 19% and in the process saving about 140 000 direct and indirect jobs. This investment also avoided stores; farms; and other stores downstream from closing.
• Overtime staff ownership will be worked into the formula of investment

3. Training Layoff Scheme and now Temporary Employee/Employer Relief Scheme(TERS)

The Department of Employment and Labour has swiftly implemented the job summit resolution on reviewing the Training Layoff Scheme process to ensure speedy intervention for the companies in distress. The intention of the review was in line with the newly reviewed UIF Act which emphasise the need to fund the retention of contributors in employment.

In the line with the Job Summit resolution the following has been implemented:

• The numerous decision making platforms have been reduced to one committee centralised at the CCMA which enables speedy decision making.
• As a result of the centralisation of the committee the following successes has been registered:

1. The committee has met 22 times since October 2018
2. 30 companies considered
3. 27 companies recommended and approved
4. Those 3 companies that have not been recommended have been advised to address compliance issues
5. A total of 2 929 jobs preserved
6. Just over R52 millions spent to date to preserve the jobs

Compensation Fund

1. Rehabilitation and Return to Work

The Compensation Fund introduced a Rehabilitation and Orthotics unit in 2018 with the aim of implementing a Rehabilitation and Return to Work programme for the injured workers. Injured workers who are assessed to be permanently disabled would usually leave the labour market thus contributing to the unemployment rate. The Rehabilitation unit introduced at the Compensation fund focuses on three forms of rehabilitation, the traditional clinical rehabilitation we have always provided injured workers with and the newly introduced social and vocational rehabilitation.

Vocational Rehabilitation is aimed at assisting the injured workers with reskilling for reintegration back into the labour market. Through the Vocational Rehabilitation Programme, the Compensation Fund seeks to remove barriers to accessing or returning to employment or other useful occupation by providing developmental opportunities to maximise performance, employability or participation in the country’s economy.ositiveegan in 2017on coperates ls that ensure employability t and also focus on development in rural areas pertainign le with The Programmes objectives are

• To support tertiary students who require financial assistance and are pursuing a tertiary degree
• To encourage the participation of previously employed persons who suffered occupational injuries or diseases resulting in a disability by providing training and development initiatives to enable them to be reintegrated back to work or become self-sustainable;
• To build a talent pipeline of a pool of capable candidates who are readily available for the labour market;
• To leverage on opportunity creation initiatives to assist unemployed workers who suffered occupational injuries resulting in a disability and Persons with Disabilities to achieve economic self-sufficiency; and Vocational Rehabilitation comprises of various sub programmes. In order to enable a successful Return to work programme for injured workers that now have a disability, the Fund has a Vocational Rehabilitation Bursary Scheme aimed at assisting the injured beneficiaries to acquire skill(s) that will enable them to be returned to work post the injury. Injured workers are among the most vulnerable in society and tend to be mostly blue collared workers with no matric or tertiary qualifications.

As a pilot, we are currently funding upper limb amputees enrolled for electrician and welding course, tertiary degrees and on entrepreneurship programmes.

In addition to promoting the employability of persons living with disability as a result of occupational injuries, the Compensation Fund currently runs a tertiary bursary programme which began in 2017 that is aligned to some of the scarce skills identified in South Africa. The bursary programme is an intensive programme which entails an online support programme and on site mentoring coaches at universities which monitor not only the academic performance of the student but also addresses social issues considering that some of our students are from rural areas in South Africa.

As at the beginning of 2019, this programme has 327 students pursuing a tertiary degree at various universities in the following fields:

• Nursing
• Medical Orthotics and Prosthetics
• Occupational Therapy
• Information Communications Technology
• Physiotherapy
• Accounting Science
• Actuarial Science and Financial Mathematics
• Medicine and Surgery

The Rehabilitation and Return to work programme will require participation of both the public and private sectors to be successful. As part of the Social Rehabilitation programmes we will be embarking on initiatives that are aimed at promoting social entrepreneurship for those who have been reskilled and successfully rehabilitated. We will outline the details of these programmes in the near future.

2. Socially Responsible Investments

The Compensation Fund has set aside 10% of its investment portfolio for investment in unlisted investments with job creation potential. These investments are made across various sectors of the economy.

Reply:

1. The Department of Employment and Labour did not host an event or function related to 2019 Budget Vote Debate.

a) Falls away

b) Falls away

c) Falls away

2. There was no event hosted and therefore there were no gifts exchanged

a) Falls away

b) Falls away

Reply:

The workers under the Expanded Public Workers Programme are already included within the scope of the National Minimum Wage Act albeit at a lower tier/percentage of the NMW as is the case for domestic and farm workers. The minimum wage for these workers has been set at R11 per hour or 55% of the national minimum wage as contemplated in item 2 (c ) of Schedule 1 of the Act, taking into account the ability of the State to fund these work opportunities, retain the number of participants and provide some level of income security as an integral part of the Governments plans to address poverty alleviation. Section 4 (3) of the Act provides that the minimum wage in respect of these workers will be increased proportionally to any adjustment of the national minimum wage

Just as any other piece of labour legislation it is the employer’s responsibility to implement and comply with it. The Department is enforcing the NMW in all its facets.

 

Reply:

a) There is an Employer Registration Form. This is referred to as W. AS.2 Form. An employer who wishes to register with the Compensation Fund must duly complete this form. There are documents that must accompany a correctly completed W. AS. 2 Form. These documents vary depending to the business type. In case of companies and close corporations the registration form must be accompanied by Companies Intellectual Property Commission (CIPC) issued registration certificate, the certified Identity Documents (IDs) of Owners and certified copies of IDs of Directors.

In case of Sole Proprietors, Partners in Partnership must attach copy of Partnership Agreement and certified copies of all Partners IDs.

Non-Profit Organisations (NPOs) must attach copies of NPO Registration Certificate issued by the Department of Social Development and certified copies of IDs of the responsible persons.

In case of Trusts, the Registration Form must be supported by an Appointment Letter issued by Magistrate Office and certified copies of all Trustees IDs.

Compensation Fund has the online platform option, Employers may go to https://www.cf-filing.co.za to register

b) It takes an average of 10 days to finalise a manual new registration form which have complete information from the date the complete documents were received by the Processing Office.

It takes on average one calendar day to finalise a new registration through the online compensation filling platform.

c) The following are reasons causing unnecessary delays on finalising the new Employer Registration:

1. Multiple entries for manually submitted registration forms, such as Compensation Fund (CF) Call Centre, Labour Centres and Provincial Offices which all expected to forward the received documents over to the Processing Centre in the CF Head Quarters (HQ) in Pretoria.

2. Employers failing to provide complete documents and/or information required in the registration form as listed in (a) above.

3. A duplicate registration by employer to avoid paying for outstanding assessment

4. Employer declaring their industry classified code that is inconsistent with the actual industry they are operating in in order to reduce the levies payable.

Reply:

Annually, there are several standard meetings which the Ministry is obliged to attend. These include the Arlac Governing Council, SADC Labour and Employment Ministerial Meetings, G20 Labour and Employment Ministerial Meetings, BRICS Labour and Employment Ministerial Meeting (LEMM), ILO Governing Body and International Labour Conference, possible BI-National Commissions held at Head of State level and whose programme is determined by Dirco and departmental bilateral engagements which are determined on an ongoing basis.

Apart from the ILO meetings which are permanently held in Geneva, venues for other meetings are determined by the rotating hosts and this information is only available as the hosts take over the Presidency. The rotating Presidency of these meetings makes it difficult to deduce any costs associated with attendance until the venue and hosting city is decided and communicated.

For example, Saudi Arabia will host the 2019 G20 and the venue of the LEMM is unknown till possibly next year March. Russia will take over the Presidency of BRICS; similarly, the venue of the LEMM will be communicated sometime next year. For the Geneva meetings, the costs of accommodation are negotiated annually via our Embassy and this normally takes place towards the end of the year.

It should also be noted that attendance of Departmental delegations to these meetings is determined by agenda issues for consideration. As such, it is currently impossible to determine the number of delegates nor associated costs.

Further it should be noted that there are obligatory statutory requirements to cover the costs of participation of the business and labour constituencies to some of these meetings. Again, the numbers are determined by the technical issues under consideration.

 

Reply:

No, because of the provisions of section 36 (Disclosure of Information) Occupational Health and Safety Act 85 of 1993 (“The Act”), which prohibits disclosure of any information concerning the affairs of any other person obtained in carrying out any function in terms of the Act.

 

Reply:

a) otal number of employees who are being paid whilst they are on suspension are two (2)

b) R31 974.22 (cost of suspension of less than a year) and R33 821. 04 (total cost of suspension)

 

Reply:

(a) The number is twenty (20).

(b)

Employee Figure	Cost
1	R98 597
2	R947 415
3	R80 403
4	R303 233
5	R491 458
6	R902 912
7	R167 690
8	R175 274
9	R90 231
10	R81 244
11	R243 470
12	R174 013
13	R141 024
14	R25 496
15	R618 468
16	R60 575
17	R143 218
18	R75 905
19	R158 417
20	R687 020
TOTAL	R5 666 063

 

Reply:

(i) 824

(ii) 

PROVINCE	Number	Entity or Agency	Number
Eastern Cape	46	Supported Employment Enterprises (SEE)	31
Free State	12	Compensation Fund (CF)	195
Gauteng	138	Unemployment Insurance Fund (UIF)	60
Kwa-Zulu Natal	49
Limpopo	66
Mpumalanga	66
Northern Cape	31
North West	29
Western Cape	46
SUB-TOTAL	483	SUB-TOTAL	286
GRAND TOTAL	769

(b) By end of Financial Year

 

Reply:

(a) i Please refer to Annexure A&B

ii Please refer to the Annexure A&B

iii Please refer to the Annexure A&B

(aa) 36

(bb) 203

(b) i Please refer to Annexures A&B

ii Please refer to Annexures A&B

iii Please refer to Annexures A&B

(c) i Please refer to Annexures A&B

ii Please refer to Annexures A&B

iii Please refer to the attached spreadsheet

Reply:

1. Government delegates and social partners from 187 member states of the International Labour Organization (ILO) gathered for a historic session of the annual International Labour Conference as the Organisation celebrated 100 years (centenary) in Geneva from 10 – 21 June 2019. This very important session was also graced by 40 Heads of State and Government who came to not only congratulate the organization on this milestone but to also assist in providing direction and guidance for the future using as their base document the report of the Global Commission on the Future of Work.

2. H.E. President C.M Ramaphosa participated at this event as he formally submitted the report of the Global Commission on the Future of Work that he co-chaired with the Prime Minister of Sweden, H.E. Stephan Lofven to Conference.

3. The Minister of Employment and Labor, H.E. Thulas Nxesi, accompanied the President and also led the tripartite delegation that participated in different committees of the conference and plenary discussions that discussed the report of the ILO Director-General.

4. In accordance with Article 26(13.2) of the ILOs Constitution, Member States are obliged to cover the costs of participation of the Social Partners (Organised Business and Organised Labour) in annual Conferences. Due to the special nature of this International Labour Conference (ILC) (discussions on the future of work), the former Minister had agreed to also include representatives of the Community sector from NEDLAC as they participated in all national consultative meetings on the same. Furthermore, departmental entities also participate in the ILC sessions dependent on specific issues of interest.

5. It should be noted that payment of attendance costs for Social Partners is only related to the annual International Labour Conference (and not other ILO meetings) and includes flights, accommodation and subsistence allowances. The number of Social Partner delegates attending each ILC is determined by sitting Conference Committees at that particular year, that is, if there are four technical meetings, the Department is constitutionally obliged to cover the costs of 1 + four (Delegate and four advisors). Each advisor will then be dispatched to a specific committee.

6. Over the years and due to heightened interest on the importance of issues under discussion at the ILC, Social Partners have increased the number of participating delegates covering the full cost of such participation.

NB: It should be noted that the ILC also serves as a convenient platform for bilateral meetings as MOST Ministers and entities converge in Geneva during this period.

Response to A(i): 54 South African Delegates attended the 108th Session of the ILC. Dates of each delegates attendance is outlined in the excel spreadsheet annexed as A.

Response to A (II) (aa) and (bb): The South African delegation (names and designations) and committees attended are indicated hereunder:

	DELEGATE	DESIGNATION	CONFERENCE COMMITTEE	THEMATIC SESSION	HIGH-LEVEL SESSION
1.	NXESI Thulas, HE	Minister of Employment and Labour			X
2.	LEWIS Dr Jonathan	Advisor to the Minister			X
3.	BARLOW Albertina T. Ms	Personal Assistant of the Minister.			X
4.	LAMATI Thobile, Mr	Director-General, Labour.		X	X
5.	NDEBELE Sipho, Mr	Chief Director, International Relations	Rapporteur Committee of the Whole		X
6.	SEAFIELD Virgil, Mr	Deputy Director-General, Labour Policy & Industrial Relations	Committee of the Whole		X
7.	NTLEKI Malixole, Adv.	Director, Office of Director-General.	Committee on the Application of Standards		X
8.	MOROTOBA Sam, Mr.	Deputy Director-General, Public Employment Services		X	X
9.	MOILOA Aggy, Ms	Deputy Director-General, Inspections and Enforcement Services	Committee on the Application of Standards		X
10.	SEWLAL Varsha, Ms	Chief Legal Officer	Committee on the Application of Standards
11.	BRONKHORST Martha, Ms	Chief Operating Officer		X	X
12.	MARUPING Teboho, Mr	Commissioner, Unemployment Insurance Fund		X	X
13.	DOUW-JACK Nomfundo, Ms	Chief Director Provincial Operations (CDPO)	Committee on Violence and Harassment against women and men at the workplace		X
14.	MAMASHELA Ntsoaki, Mrs	Director, Employment Standards	Committee on Violence and Harassment against women and men at the workplace		X
15.	PETERSON Georgina, Ms	Deputy Director, International Relations.	Committee on Violence and Harassment against women and men at the workplace		X
16.	OLIVIER, Henrieta, Ms	DD Labour Market Information and Statistics (N. Cape)	Rapporteur Committee of the Whole		X
17.	MONYANE Motselisi, Ms	DD Labour Market Information and Statistics (Free State)	Rapporteur Committee of the Whole		X
18.	MAGAKWE Mishack, Mr	Provincial Communications Officer and Cameraman (Gauteng)	X	X	X
19.	CINDI Sibusiso, Mr	Director, Communications	X	X	X
20.	MOLAPO Batho, Mr	Assistant Director, Department of International Relations and Cooperation.	Committee on Violence and Harassment against women and men at the workplace		X
	COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION (OWN ACCOUNT)
21.	MORAJANE Cameron, Mr	Director, CCMA	Committee on the Application of Standards		X
22.	VAN NIEKERK, Wilbur, Mr, CCMA.	Legal Researcher, CCMA Officer of the Director	Committee of the Whole		X
23.	LEDWABA, Makhulu, Mr,	Chairperson, CCMA Board	Committee on Violence and Harassment against women and men at the workplace		X
	PRODUCTIVITYSA (OWN ACCOUNT)
24.	MOTHIBA Mothunye, Mr	CEO, ProductivitySA.	Committee on Violence and Harassment against women and men at the workplace		x
25.	TSHIFULARO Justice, Mr	Executive Manager for the Turnaround Solutions, ProductivitySA.	Committee of the Whole
	EMPLOYER DELEGATES (BUSINESS UNITY SOUTH AFRICA)
26.	MDWABA Mthunzi, Mr		Overall Coordinator
27.	MOYANE Kaizer, Mr		Committee on the Application of Standards
28.	DE VILLERS Jahni, Ms		Violence and Harassment against women and men at the workplace
29.	MOABALOBELO Sinovuyo, Ms		Committee of the Whole
30.	JAMES Cheryl, Ms		Violence and Harassment against women and men at the workplace
31.	MANYONI Tilson, Mr		Committee of the Whole
32.	SERRAO Olivier, Mr		Committee on the Application of Standards
	ORGANIZED LABOUR
33.	NTSHALINTSHALI Bheki, Mr	General Secretary, Congress of South Africa Trade Unions (COSATU).	Committee of the Whole		X
34.	LOSI Zingiswa, Ms	President, COSATU.	Committee on the Application of Standards		X
35.	MULAISI Lebogang, Ms	COSATU	Committee of the Whole		X
36.	FAKUDE Xolani, Mr	COSATU			X
37.	MTSHWENI, Getrude, Ms	COSATU	Violence and Harassment against women and men at the workplace		X
38.	WITBOOI, Myrtle, Ms	COSATU	Violence and Harassment against women and men at the workplace		X
39.	MABIZELA, Nhlanhla, Ms	COSATU	Violence and Harassment against women and men at the workplace		X
40.	LEKOTA, Malesela Moses, Mr	COSATU	Committee of the Whole		X
41.	SOOBRAMONEY, Myan, Mr	COSATU	Committee of the Whole		X
42.	SELEMATSELA, Godfrey, Mr	President, Federation of Unions of South Africa	Committee on the Application of Standards		X
43.	MPHELA, Pat, Mr	President, NACTU	Committee on the Application of Standards		X
44.	MODISE, Brenda, Ms	FEDUSA	Violence and Harassment against women and men at the workplace		X
45.	AJAM, Riefdah, Ms	FEDUSA	Committee of the Whole		X
46.	NDHLOVU, Dorothy, Ms	Vice President, FEDUSA	Violence and Harassment against women and men at the workplace		X
47.	KEYTER, Martle, Ms	Vice President, FEDUSA	Violence and Harassment against women and men at the workplace		X
48.	OLIVIER, Ruby, Ms	FEDUSA	Committee on the Application of Standards		X
49.	FREDERICKS, Ivan, Mr	Vice President, FEDUSA	Committee of the Whole		X
	COMMUNITY CONSTITUENCY
50.	MATLAKALA, Conti, Ms	Woman's National Coalition	Violence and Harassment against women and men at the workplace	X	X
51.	JOSOPU, Thembinkosi, Mr	South African Youth Council Principal	Violence and Harassment against women and men at the workplace	X	X
52.	BALE, Lawrence, Mr	South African National Apex Cooperation Principal	Committee of the Whole	X	X
53.	NZIMANDE, Mbuzi, Mr	Disability People of South Africa	Committee of the Whole	X	X
54	RADEBE, Tebello, Mr	Financial Sector Coalition Campaign Principal	Committee of the Whole	X	X

OTHER ENGAGEMENTS:

45B AFRICAN REGIONAL LABOUR AND ADMINISTRATION COUNCIL (ARLAC)

• Ms Georgina Petersen

BRICS Employment Working Group

• Mr Thobile Lamati
• Mr Sipho Ndebele

G20 Employment Working Group

• Mr Sipho Ndebele
• Mr Kgomotso Letoaba

Productivity SA

Held consultative meetings with key stakeholders, similar institutions alongside the side-lines of the ILC with a view to forming strategic partnerships and alliances to promote productivity and competitiveness, both in South Africa and in the African continent in collaboration with the Pan African Productivity Association (PAPA)

The institutions which were consulted included:

• The ILO Team (Vick van Vuuren, Director: Enterprise Department and Cynthia Samuel-Olonjowun, Regional Director for Africa) reflecting on issues of full and productivity employment and decent work including support that can be provided to South Africa (Productivity SA as a conduit into providing support to Africa/PAPA) and the African Continent regarding the productivity movement and support to SMEs.
• World Intellectual Property Organization (WIPO) – Green Economy and SME divisions to reflect on possible collaboration on creating an eco-system for SMEs in South Africa in collaboration with the CSIR/NCPC and CIPC.
• World Economic Forum (WEF) – The team participated in the WEF Round Table /Meeting of Labour Ministers reflecting on the Global Platform for Shaping the Future of Inclusive Economies and Societies, and held a meeting with the Experts at the Centre for the New Economy and Society reflecting on possible collaboration of enhancing the capacity of Productivity SA in particular to strategically develop models and standards to address issues identified in the WEF Competitiveness Index as well as advancing dialogues and cooperation between stakeholders in South Africa.
• The Institute of Management Development (IMD) – The team met with the Researchers who are responsible for developing the IMD Competitiveness Report to reflect on possible collaboration and wide stakeholder engagement on the productivity and competitiveness issues as well as building our Research and Knowledge Management respond to these issues.

CCMA

 

• The CCMA also engaged in bilateral discussions with various key departments and people within the ILO structures which will benefit the labour market in South Africa, Southern Africa and beyond.

• The CCMA delegation also met with the Chairperson of the Freedom of Association Committee and the Chief of the Freedom of Association Department to discuss collaborative training possibilities to capacitate the labour market in South Africa and Southern Africa.

• The CCMA delegation met with the Director of the International Labour Standards (ILS) Department of the ILO to discuss collaborative contribution of the CCMA to the broader work of the ILS Department in its global development and application of labour standards.”

NB: List of South Africans accredited (in the list) but did not travel to Geneva. These delegates accreditation was requested by their Constituencies who were to cover the cost of their attendance.

• Mr Vuyo Mafata: Commissioner, Compensation Fund
• Ms Brenda Madumise: President, Interim Gender Based Violence Steering Committee
• Ms Nobuntu Sibisi, NEDLAC
• Ms Thandeka Msibi, COSATU
• Ms Patricia Snyman, COSATU
• Mr Bones Skulu, COSATU
• Mr Mike Tau, COSATU
• Mr Lucus Ramathlodi, COSATU

Response to (b) number of days the delegation stayed in Geneva and (c) details of the (i) total cost and (ii) breakdown of the costs incurred by the department in terms of accommodation, flights and daily allowances for each person in the delegation are outlined in the excel spreadsheet.

• NB: In line with Article 26(13.2) of the ILOs Constitution, the Department, over and above the departmental delegates, covered the cost of 5 Employer and 6 Worker delegates.

• The new Minister of Department of Employment and Labour (DEL) has charged his department with the task of reviewing the current policy on the composition and costs of overseas delegations with a view to containing and cutting costs of future delegations, whilst ensuring the effective participation and engagement of South Africa in ILO fora.

 

Reply:

I reply to both (a) and (b) based on information at our disposal currently. The current system that we use is making the attached information available to the Honourable Member.

Reply:

The Honourable Member is referred to the Annual Report of the Department of Labour and to the previous reply of the Minister of Labour.

Reply:

Trade Name	Employees Declared
FOSCHINI RETAIL GROUP PTY LTD	21 771
FOSCHINI LTD	9
FOSCHINI INVESTMENTS PTY LTD	1 310

Reply:

The Department does not have artwork under its curatorship.

Reply:

1. (a) Yes, I have studied the Equality Report of the SA Human Rights Commission; and

(b) (i) I have already received an Advisory from the Commission for Employment Equity (CEE), which is a statutory body established by the Employment Equity Act, 1998 (EEA) to provide me with policy advice on any matter relating to the EEA. The Advice provided by the CEE was informed by their deliberations on the findings and recommendations contained in the report, including their discussions held with the author of the Equality Report.

2. In view of the fact that the Department has filed Answering Affidavit to oppose the Solidarity case in the Labour Court and the Hearing date for this case is still pending, I will not be commissioning any investigation into the matter.

3. No statement will be issued until the Labour Court Judgement is made on this matter.

Reply:

As the Minister of Labour, I do not participate on tender matters.

Reply:

(a)(i) No

(ii) No

(aa) No

(bb) No

(cc) No

(b) No

Reply:

1. The Parliament Travel Privileges Facilities for Members makes provision for Travel Privileges for Members of Parliament of National Assembly and Permanent Delegates to the National Council of Provinces.

2. According to Members Facilities Section of Parliament, the facility is responsible for all Members except for Members of Cabinet.

3. Chapter 10 Section 1.1 indicates " The Travel Privileges, administered and paid by Parliament, of former Ministers/Deputy Ministers and their spouses come to effect on the first day following the date on which they relinquish their office, excluding the journeys made when vacating State Owned residence to the place where they intend to settle."

Reply:

The Department of Labour:

• The Department of Labour did not borrow money from entities within the People’s Republic of China

Public Entities reporting to the Minister of Labour:

NAME OF ENTITY	AMOUNT BORROWED FROM ANY ENTITY IN THE PEOPLE’S REPUBLIC OF CHINA (a)(ii)	NAME OF LENDER IN THE PEOPLE'S REPUBLIC OF CHINA (b)	BORROWINGS IN THE PAST THREE FINANCIAL YEARS (aa)	BORROWINGS SINCE 01 APRIL 2018 (bb)	CONDITIONS ATTACHED TO EACH LOAN (c)	REPAYMENT PERIODS FOR EACH LOAN (d)
Commission for Conciliation, Mediation and Arbitration (CCMA)	R0,00	N/A	R0,00	R0,00	N/A	N/A
Compensation Fund (CF)	R0,00	N/A	R0,00	R0,00	N/A	N/A
National Economic Development and Labour Council (NEDLAC)	R0,00	N/A	R0,00	R0,00	N/A	N/A
Productivity South Africa	R0,00	N/A	R0,00	R0,00	N/A	N/A
Sheltered employment Enterprises (SEE)	R0,00	N/A	R0,00	R0,00	N/A	N/A
Unemployment Insurance Fund (UIF)	R0,00	N/A	R0,00	R0,00	N/A	N/A