Questions and Replies

Reply:

Response;

The information is as follows;

DoL / Public Entity	(a)(i)(aaa) What is the total number of employees that have been outsourced from private companies and/or contractors in the past three financial years	(a)(i)(bbb) What is the total number of employees that have been outsourced from private companies and/or contractors since 1 April 2018	(a) (ii) What is the name of each company or contractor	(b) what amount is each employee paid
DoL	None	None	None	None
CCMA	Fourteen (14)	Nine (9)	1. Multilead 2. ebustech-consulting 3. Human Communication	1. 2 x P03 (R1 805 012.94 pa) 2. 4 x P06 (R 699 155.12 pa) 3. 1 x P07 (R 561 386.32 pa) 4. 2 x P08 (R454 297.90 pa
UIF	None	None	None	None
CF	None	None	None	None
NEDLAC	Six (6)	Two (2)	Thokazani Ntshingila	R30 000.00 per month ( 2015/2016)
			Tiaan Rosslee	R30 000.00 per month (2015/2016)
			Modiegi Mooko	R20 000.00 per month (2016/2017)
			Portia Kekana	R72 430.66 per month (2017/2018)
			Lorraine Mofokeng	R55 000.00 per month (2017/2018)
			Tidimalo Chuene	R78750.00 per month (2017/2018 & 2018/2019)
			Clarinda Simpson	R104 000.00 per month (2018/2019)
SEE	None	None	None	None
PSA	None	None	None	None

Reply:

Minister of Labour’s Response;

1. At the disposal of the current management of the province, there is no record of the initial response to the 2016 enquiry. The current senior management started after the initial query and was not able to retrieve the original response. Notices were served on the school in June 2018 and a follow up inspection conducted in August 2018.
2. The structural damage has not been repaired. The structural damages and the non-repairs pose a danger to both the learners and the staff.
3. The roof does not seem to have been repaired and is still leaking, alternatively it is still not maintained as the whole asbestos block is affected.

WAY FORWARD

Prosecution will be recommended to the NPA for non-compliance.

Reply:

I am still studying the report together with seeking advice from relevant labour market institutions, including the Commission for Employment Equity.

 

Reply:

1.  All members of the Senior Management Services declared their interests for 2016/17 financial year. For 2017/18, all SMS members declared their financial interests.

2. Only 13 SMS members were disciplined for late submission for 2016/17. Disciplinary process is in progress for late submission for 2017/18.

3. (a) There are no employees on pre-cautionary suspension.

(b) Not applicable.

4. No costs as there are no employees that are suspended by the Department.

Reply:

None.

Reply:

1.  Yes, I requested the Director General of the Department of Labour to investigate the matter. The Inspection and Enforcement Services conducted the investigation. The investigation referred to above revealed that the complaint falls under the SASSA National Bargaining Forum and the Commission for Conciliation, Mediation and Arbitration.

2. Yes, I commit to take steps to address the complaints and the alleged injustices caused to the specified employees in as far the complaints and/or the alleged injustices fall within the legal mandate and/or Constitutional mandate of the Department of Labour. In order to illustrate my commitment, the investigation conducted by Inspection and Enforcement Services is already testimony of my commitment.

3. No, because the action referred to falls outside legal and/or Constitutional mandated as well as that of the Department of Labour.

4. No, because the action referred to falls outside legal and/or Constitutional mandated as well as that of the Department of Labour.

Reply:

Feedback from Chloorkop Primary School:

(1) Whether with regard to her reply to question 2165 on 28 October 2016, she will provide Mr M Waters with the full report; if not, why not;

Response:

A report can be made available to Mr Waters.

 

(2) what steps have been taken to ensure that the school adhered to the Asbestos Regulations;

Response:

The case was referred for prosecution. The Department is still waiting for a final outcome from the Department of Justice regarding the case.

(3) have the (a) parents and (b) teachers and other workers at the school been informed of the non-compliance with the Asbestos Regulations; if not, why not; if so, on what date were they informed? NW2154E

Response

The principal was made aware, and, as part of their health and safety policy such communication should be done through school internal structures.

 

Noordgesig Primary school

 

1995. Mr M Waters (DA) to ask the Minister of Labour:

(1) Whether with regard to her reply to question 2165 on 28 October 2016, she will provide Mr M Waters with the full report; if not, why not;

Response

A report is available if required.

 

(2) what steps have been taken to ensure that the school adhered to the Asbestos Regulations;

Response

The matter was then referred for prosecution.

 

(3) have the (a) parents and (b) teachers and other workers at the school been informed of the non-compliance with the Asbestos Regulations; if not, why not; if so, on what date were they informed? NW2154E

Response:

The meeting was urgently held between the School SGB, high ranking official’s from Department of Education and infrastructure on the 20 September 2016. The parents were refusing to accept the prohibition notice and asking the inspector to revoke the notice. It was during that meeting that all members were given information regarding the risk associated with asbestos.

Currently a notification was received from Zendasat (Pty) Ltd Reg No: RAC 2017/OHH/CI-173 relating to the removal and ethical disposal of asbestos-cement wall cladding and roof sheeting at the Noordgesig Primary School, Soweto is scheduled to commence on 18 July 2018 and be completed by 22 August 2018.

 

 

Reply:

a) (i) In line with the Executive Authority (Minister) to Head of department (DG) and also Head of department (DG) to other performer levels delegations in terms of Public Service Regulations and Public Service Act, the Director- General is delegated to make appointments at SR 13-14.

(ii) For the past financial year 2017/2018 the Director- General made 20 appointments at SR 13-14.

b) List attached annexure A

c) List attached Annexure A

​d) List attached Annexure A

 

 

Reply:

The department owns 32,213 m² of land where our existing offices are located and two sites where the land is being developed to house the Department of labour entities.

Location	Size of each specified plot of land
Bisho	826 m²
Pretoria Central	8 454
Midrand	12 468 m²
Thohoyandou	3 251 m²
Pretoria Sunnyside A	2 519 m²
Pretoria Sunnyside B	4695 m²

2. No land is leased out for private use.

Reply:

Department of Labour

(1) NIL

(2) NIL

PRODUCTIVIVTY SOUTH AFRICA

(1)     NIL

(2)     NIL                                      

Supported Employment Enterprises

 

(1) NIL

(2) NIL

CCMA

(1) NIL

(2) NIL

 

Compensation Fund

(1) NIL

(2) NIL

UIF

(1) NIL

(2) NIL

 

NEDLAC

(1) NIL

(2) NIL

Reply:

o The Compensation Fund referred eighteen (18) Cases to the South African Police Service from 2013- 2018 financial years.

o Referred fourteen (14) Cases to Directorate for Priority Crime and Investigation (DPCI)

o (10) cases were referred to Commercial Crime Unit and four (4) cases to Serious and Economic Offences Unit.

Progress Cases (DPCI) - Serious and Economic Offences Unit

• Four (4) Cases has been referred and are being attended to by the DPCI.

• Progress on 10 cases in the Commercial Crime Unit.

• There are eight (8) Cases finalized by DPCI and SAPS to date.

Reply:

Government Policy prohibits Government Officials from doing business with the Government.

The Public Service Commission is responsible to investigate whether that is happening. Therefore the Honourable Member should refer the matter accordingly.

Reply:

a) Leaking roof, which was subsequently repaired.

 

Reply:

The Department of Labour has more than 22 Labour Centres. All Buildings / leases are acquired through the Department of Public Works. Therefore the Honourable Member must direct the question to the Minister of Public Works.

Reply:

The Honourable Member must read the Annual reports which were tabled in Parliament for the past five financial years. Further read the Members Facilities / Privileges which govern the travelling of spouses including the Ministerial Handbook.

Reply:

The Member should refer to the Annual Reports fo the Department of Labour for the required information.
	Vehicles used for Service delivery in the Department are fitted with a tracking devices.

Reply:

1. The targets were reduced to align with the reduction of the operational budget of Branch that was effected by the National Treasury.

2. (a) The Department has placed 40,078 work seekers into different employment on a daily basis from the various Labour Centers during the 2014/15 and 2015/16 financial years and records of placements were audited by the Internal Audit and the Auditor General. The placement during 2017/18 still to be audited stands at 21,076.

(b) Placement happens on a working daily basis and dates are linked to individual records.

(c) The Department has not conducted tracer studies to determine those that remain employed 3 years after placement.

3. The Employment Services Board is still busy discussing Regulations and I will publish them as soon as they are certified by the State Law Advisors.

Reply:

(1)

(a) The Department does not have job centres and/or mobile job clinics operational in Provinces; it has Labour Centres and 2 Mobile Buses.

(b) N/A

(c) N/A

(d) N/A

(e) N/A

2.

(a) The Department will not be opening any job centres and/or job clinics in the 2018/19 financial year. However, the Department intends to pilot Youth Employment Centres in the existing Labour Centres and the Compensation Fund intends to introduce 4 multipurpose mobile units and 4 mobile clinics to take services closer to the people.

Reply:

a) There were no grievances filed against the Department due to irregular appointments.

b) n/a.

Reply:

a) Disciplinary action was taken against Mr N Lubelwana.

b) Disciplinary action was taken due to a salary overpayment to an official that resigned with immediate effect.

c) The official was issued with a written warning.

Reply:

(1) The officials were removed from their positions following disciplinary steps taken against them.

(2) (a) The officials were removed from their positions following an investigation and discplinary hearings that were convened.

(2) (b) Mr T Thejane was issued with a final written warning and suspended without pay for one (1) month. Ms A Bobani was issued with a final written warning, suspended without pay for one (1) month and demoted from the level of Deputy-Director to Assistant-Director.

(2) (c ) Mr T Thejane is currently employed as the Chief Director: Communications and Ms A Bobani is employed as the Assistant-Director: UIF.

(2) (d) The salary of Mr T Thejane did not decrease but the salary of Ms A Bobani decreased from the level of Deputy-Director to Assistant-Director.

Reply:

Yes; the Department has an operating Employment Equity Plan.

a) The Department’s Employment Equity Plan has been in operation since 01 September 2015.

b) The Department’s Employment Equity Plan was last reviewed on 27 February 2018.

c) The Department’s Employment Equity Plan has been in operation for 2 years 8 months.

d) Yes; the copy of the plan is attached herewith.

Reply:

a)  Productivity SA’s mandate is not to create jobs. It is important to carefully note that Productivity SA’s mandate is to assist companies in distress through its programmes, such as Work Place Challenge and Turn Around Solutions to sustain and save jobs. Therefore, there are no jobs created by Productivity SA in the past 3 financial years.

b) In the past 3 financial years Productivity SA had a total of 1 797 (One Thousand Seven Hundred and Ninety Seven) companies ranging from small to large corporates participated in the Workplace Challenge Programme and managed to assist in sustaining just over 143 429 (One Hundred and forty Three Thousand Four Hundred and Twenty Nine) jobs.

Furthermore during the period in question Productivity SA assisted just over 163 (One Hundred and Sixty Three) companies through the Turnaround Solutions Programme and managed to save a total of 20 251 (Twenty Thousand Two Hundred Fifty One) jobs.

Reply:

a) The Department has installed Kiosks in 22 sites by March 2018. There are further 40 sites that have equipment that are awaiting cabling.

b) The total cost for equipment for the 62 sites was around R12 million.

c) The Labour Centers that are currently live are:

Alberton

Atteridgeville

Benoni

Bethlehem

Boksburg

Bloemfontein Labour Centre

Cape Town Labour Centre

East London

Giyani

Hazyview

Kimberley

Lephalale

Mokopane

Mahikeng

Oudsthoorn

Port Elizabeth

Potchefstroom

Richard's Bay

Soweto

Upington

Verulam

Kempton Park

d) The Kiosks offer the following functions:

1. Registration of work seekers
2. Searching for job opportunities
3. Registration of job opportunities
4. Application for UIF benefits
5. Letters of Good Standing for the Compensation Fund
6. Career Interest Assessments

e) As at 31 March 2018, the detailed statistics relating to usages for all services was not available as the landing page is being enhanced.

Reply:

(a)(i) The required qualification for the Deputy Director: Risk Management is a 3 year relevant Tertiary qualification in Risk Management/Financial Management or Equivalent qualification.

(a)(ii) The specified person has equivalent qualification and the requisite functional and management experience required as specified in the advertisement

(b) The person was appointed because he met the requirements of the position as specified in the advertisement

Reply:

Department of Labour
(b)(i)	(b)(ii)	(b)(iii)(aa)	(b)(iii)(bb)	(b)(iii)(cc)	(b)(iii)(dd)
ERNST AND YOUNG ADVISORY SERVICES	RESEARCH ON RME AGENDA PROJECTS	01/02/2018	1 year	R 3 355 374.54	Ms Tendani Ramulongo - Director: Research, Policy and Planning Unit
TRI DEV WORKS AFP	RESEARCH ON RME AGENDA PROJECTS	01/02/2018	1 year	R 1 346 112	Ms Tendani Ramulongo - Director: Research, Policy and Planning Unit
DATACENTRIX	Procurement of PL/SQL and Quality Assurance/Testing Resources and Services	01/06/2017	6 months	R 4 156 771.97	Samuel Morotoba (Acting-Director-General)
Dimension Data	SAP Maintenance and Support	01/10/2014	4 years	R 63 876 807.53	Thobile Lamati (Director-General)
CCMA
IE Communications	Annual Report, Editing, Layout and Printing	01/07/2017	3 years	615 898.12	Cameron Morajane (Director)
Tourvest Holdings (Pty) Ltd	Travel Management Services	01/10/2017	3 years	1 019 242.08	Cameron Morajane (Director)
Ebus-Tech Consulting	Panel of Recruitment Agencies	01/01/2018	2 years	As & when Service is rendered	Cameron Morajane (Director)
Human Commutations	Panel of Recruitment Agencies	01/01/2018	1 year	As & when Service is rendered	Cameron Morajane (Director)
Wozani Recruitment Agency	Panel of Recruitment Agencies	01/10/2017	3 years	As & when Service is rendered	Cameron Morajane (Director)
Kudsiya Cassim & Associates cc trading as the Renaissance Network	Mid-Term Impact Assessment of the Organisational Strategy	01/11/2017	Once off Project	1 231 200.00	Cameron Morajane (Director)
Careways Wellness (Pty) Ltd	Psychologist/Employee Wellness	01/12/2017	1 year	384 708.28	Phetsile Magagula (CFO)
Ngubane & Co (Johannesburg) Inc	Corporate Governance Audit Services	03/01/2018	6 months	251 942.04	Phetsile Magagula (CFO)
Continuity SA (Pty) Ltd	Business Continuity Management Services	01/05/2018	7 months	474 958.00	Bridgette Mbolekwa (Acting CFO)
UIF
True South  Actuaries	Actuarial Services	15/05/2017	3 years	R2 485 529.00	Francois Hugo (Executive Manager)
Nexus Lexus	Forensic Investigation Services	09/06/2016	3 years	R36 042 628.00	Mary-Anne Whittles (Director)
IAC	Investment Advisory Services	17/07/2017	3 years	R2 784 974.00	Asim Gani (Managing Director)
SizweNtsaluboGobodo	Internal Audit Services	12/02/2018	3 years	R 7 771 245.12	Patrick Ganesan (Director)
SAB&T	Grap Standards Services	29/05/2017	28/05/2020	R1 020 793.00
COMPENSATION FUND
Skynet (RT5-2013)	Courier Service	01/02/2016 01/06/2016 01/10/2016	4 months 3 months 3 years	as per egreed tariffs	Commissioner V Mafata
Interfile	Internet filling	01/03/2014 28/08/2017	3 years 1 year	29959590.00 46247914.45	Director General
Delta Facilities Management	Cleaning Services	01/01/2016	2 years	4 003 005.95	Commissioner V Mafata
C-Track Mzansi	Tracking of Funds vehicles	06/06/2016	3 years	184 529.52	Commissioner V Mafata
Sysman Public Saftey System	Remrad System	01/03/2017 01/03/2018	1 year 1 year	15408.24 16397.76	Commissioner V Mafata
Phamacy Direct	Distribution of chronic medication to COIDA patients	27/09/2016	3 years	R17.20 medication charged at SEP & dispensing fee per line item	Commissioner V Mafata
Transunion	Pre-screening system	12/10/2016	3 years	500 000.00	Commissioner V Mafata
View Fron Solutions	car wash	22/05/2017	1 year	42 820.00	Commissioner V Mafata
Vodacom	mobile commucation network services	01/05/2017	1 year	91 577 625.00	Commissioner V Mafata
HAB flire & Security	X-Ray machine	01/10/2017	3 years	80 850.35	Commissioner V Mafata
HISSCO	X-Ray machine	01/10/2017	3 years	644 392.36	Commissioner V Mafata
Lothlorein Recyling	Recyling of waste paper services	29/11/2017	2 years	payment per kg	Commissioner V Mafata
Uni-life	plumbing services	20/11/2017	4 months	90 135.66	Commissioner V Mafata
Cardura Trading Enterprise	Private security	08/12/2017	6 months	469 500.00	Commissioner V Mafata
Travil with Flair	travel and accommodation	11/01/2018	3 years	343 656.30	Commissioner V Mafata
Medikredit	nappi file	01/03/2017	3 years	1 491 735.90	Commissioner V Mafata
Linhleko Marketing	printing services	19/03/2018	3 years	as per bill of quantity	Commissioner V Mafata
DPW	RENTAL OF INCOME Bisho building	01/05/2014	4 years	5 276 199.32	Director General
First Property Trust	Taaljaartpark properties	01/10/2015	2 years	7 881 677.04	Commissioner V Mafata
Vuani Property (JHI)(Kuperlengh property management	Benstra lease	01/04/2014 01/04/2017	3 years 6 months	992 886.24	Commissioner V Mafata
(Travalgar -new management		01/10/2017	1 year	1 155 078.84	Commissioner V Mafata
Konika Minolta	6 photocopies	01/10/2015	3 years	1 990 237.10	Commissioner V Mafata
Konika Minolta	12 photocopier Machines	03/10/2016	3 years	1 188 743.04	Commissioner V Mafata
Konika Minolta	48 photocopier Machines	01/06/2017	3 years	5 027 433.12	Commissioner V Mafata
Rand Mutual Assurance	Support & maintenance of RMA Claim processing system	01/08/2014 01/08/2015 15/12/2016	1 year 15 months 1 year	11310750.00 11310750.00 90840874.50	Director General
Delta Heights	Leasing of Building	01/09/2017	3 years	2017104.60 ( @ escalation of 7.5 per year	Director General
Nashua Communications	Install contract centre system and maintenance	01/06/2017	3 years	1 094 681.79	Commissioner V Mafata
KPMG Services	Fraud Prevention and Detection Services - RFQ 9 2015/16	23-Mar-16	8 months	1 282 849.00	Commisioner V Mafata
	Extention no 1	22-Oct-16	6 months
	Extention no 2	22-Apr-17	7 months
	Extention no 3	N/A	N/A	45 600.00	Commisioner V Mafata
	Extention no 4	20-Nov-17	6 Months
PWC / LIGWA	Limited Forensic Investigation services - RFQ 15 2015/16	09-May-16	08-Sep-16	980 913.00	Commisioner V Mafata
	Extention no 1	09-Sep-16	07-Mar-17
	Extention no 2	08-Mar-17	07-Aug-17
	Extention no 3	08-Aug-17	07-Aug-18
Grant Thornton	Advisory to provide Litigation support services	23-Jun-16	12 Months or completion of litigation	396 460.00	Commisioner V Mafata
Kago Solutions Advisory	Assist with year end process and financial statements - TCF 11 2015/16	20-Sep-16	1 year	20 458 029.60	Director-General
Deloitte and Touche	Enterprise wide risk management - TCF 2 2016/17	20-Feb-17	1 year	25 372 543.00	Director-General
QED Actuaries and Consultants	Actuarial services - TCF 04 2016/17	29-Mar-17	3 years	5 024 760.00	Commisioner V Mafata
Consumer Profile Bureau	Tracing of beneficiaries	01-Jun-17	1 year	R19 per trace limited to R5000000	Commisioner V Mafata
Nexus Forensic and UIF	Forensic Services	29-May-17	1 year	R4 947 212.24 R742 081.83	Commisioner V Mafata
Selekane Asset consultant	Investment Advisory services - TCF 05 2016/17	12-Jun-17	3 years	Not exceeding R7million	Commisioner V Mafata
Dimension Data (Participation of a DOL ICT Contract)	SAP Service	18 November 2014 (original contract)	3 years	11 824 060.39	Director-General
	Additional SAP Service
	SAP Legal Case Management System			10 388 009.24
	MSO and Bank Reconciliation
NEDLAC
Phuthumani IT Solutions	Support services for the Sage evolution system	01-Jan-18	2 years	Rate based contract. Depending on usage (annual average = R75 000)	Mododa Vilakazi: Executive Director
Outsourced Risk and compliance Assessment (ORCA)	Internal Audit Services	01-Apr-18	3 years	1 183 824.00	Mododa Vilakazi: Executive Director
PRODUCTIVITY SA
None	None	None	None	None	None

Reply:

a) The Department does not own any land.

b) However the following entities do own land;

ENTITY	(i) LOCATION	(ii) SIZE	(iii) PURPOSE FOR WHICH IT IS USED
CF	Corner Southspansberg & Hamilton street, Arcadia, Pretoria. ERF 252 Phalo street, Bisho	10584 square meters 801 square meters	Compensation Fund Head Office The land is leased to Public works in order to build offices.
UIF	ERF 895 Phalo Avenue, Bisho ERF 43 Corners Garden road & Post office street, Thohoyandou ERF 834, 20 Trevenna Street, Pretoria	826 square meters 1200 square meters 2519 square meters	Undergoing refurbishment Undergoing refurbishment Undergoing refurbishment
ENTITY	(i) LOCATION	(ii) SIZE	(iii) PURPOSE FOR WHICH IT IS USED
	ERF 3384, 94 WF Nkomo Street, Pretoria	8454 square meters	Undergoing refurbishment
NEDLAC	ERF 2015 Rosebank	1613 square meters	Nedlac Office

Reply:

The information on the employment percentages in the public services should ideally be sourced from the Department of Public Service and Administration. Public service employees are employed in terms of the public service act which does not reside within the department of Labour’s remit.

Reply:

1. The Department has a sexual harassment policy.

(b)(i) Investigating officers are appointed to investigate allegations of misconduct. Reports are submitted to the delegated authority.

(b)(ii) On the basis of the investigation report the official will be charged and subjected to a disciplinary hearing. Sanctions that can be issued are written warning, a final written warning, Suspension without pay ranging from one (1) to three (3) months, demotion and dismissal.

2. 3 cases

(a)(i) 2016/17 – 1 case, 2015/16 – 2 cases, and 2014/15 – 0 cases.

(ii) Nil.

(b)(i) 2 cases

(ii) one case

(iii) none

(c) Final written warning and two months’ suspension

Reply:

a) The Expanded Public Works Programme is a programme that falls under the Department of Public Works’ remit therefore I would not be qualified to respond to this question.

b) Same as Above

c) Same as Above.

Reply:

a) 

	Compensation	Goods & Services
	Budget R’000	Expenditure R’000	Budget R’000	Expenditure R’000
(aa)2014/2015 2015/2016 2016/2017	9 400	7 734	9 542	8 262
	14 066	9 209	18 395	10 941
	15 971	10 327	16 217	9 613
(bb)2017/2018	22 659	9 638	8 494	5 444

 

(b) The Ministerial Handbook provides guidelines on the appointment of the staff in the Private Office. It equally provides the recommended salary levels of each post. The salary levels are adjusted on an annual basis as prescribed in the Public Service Regulations.

The Office of the Minister has a staff complement of Nine (09) officials in line with the Ministerial Handbook. In line with the Protection of Personal Information Act (PoPi) and the Basic Conditions of Employment Act, I am unable to provide the members with such confidential information in the manner it is requested.

I however draw the honourable members to the department’s Annual Report wherein the organogram of the department provides the information required. Should it be insufficient, the department will make the personal files of the officials available for further scrutiny by the Auditor General as prescribed by the Act.

Reply:

What amount did (a) her department and (b) each entity reporting to her spent on the promotion or celebration of the Year of O R Tambo on the (i) Africa News Network 7 channel (ii) SA Broadcasting Corporation (aa) television channels and (bb) radio stations, (iii) national commercial radio stations and (iv) community (aa) television and (bb) radio stations since 1 January 2017? NW347E

Entity Name	(b)(i) Africa News Network 7 Channel	(b)(ii) SA Broadcasting Corporation	(aa) television channels	(bb) radio stations	(iii) national commercial radio stations	(iv)(aa) community television	(iv)(bb) community radio stations
DoL	NONE	NONE	N0NE	NONE	NONE	NONE	NONE
CCMA	NONE	NONE	NONE	NONE	NONE	NONE	NONE
UIF	NONE	NONE	NONE	NONE	NONE	NONE	NONE
CF	NONE	NONE	NONE	NONE	NONE	NONE	NONE
NEDLAC	NONE	NONE	NONE	NONE	NONE	NONE	NONE
SEE	NONE	NONE	NONE	NONE	NONE	NONE	NONE
PSA	NONE	NONE	NONE	NONE	NONE	NONE	NONE

Reply:

a) The building started not to be compliant during 2009 when the landlord started renovations in a building; attempts by the Department of Labour to the Department of Public Works to acquire alternative accommodation were not successful

b) Due to the service rendered by the Department and the clients the Department serves, the Department did not want to break the services to the community. This was solely for the purpose of business continuity.

c) The infrastructure is being attended to however a suitable building has been identified by the Department of Public Works and will be available in April 2018.

Reply:

1. In South Africa, though, not only did gender limit opportunities, but so too did

race. Aligning itself with our Constitution, which guarantees non-discrimination on the basis of race, gender, age, political opinion and religious beliefs, amongst other things, employment equity’s overarching aim is to ensure equal opportunity for all, and, in so doing, ensuring that the discriminatory approach and practices of the past aren’t continued or repeated in future. These ideals of non-discrimination and equal opportunity are encapsulated in the Employment Equity Act, No. 55 of 1998, and as further amended in the Employment Equity Amendment Act, No. 47 of 2013.

Affirmative action falls under the Employment Equity Act but, unlike employment equity which takes the long-term view, affirmative action can be described as a short-term labour policy which is aimed at redressing the inequalities of the past and, in so doing, achieving a transformed workplace which is representative of the greater South African population. In short, the Employment Equity Act provides a framework for implementing affirmative action.

(2)      Equality will always be an integral policy indicator with affirmative action being one of the key ingredients for its achievement, especially with the Equality Principle entrenched in our Constitution. Every policy is subject to periodic

Review, so is the Affirmative Action

(3)      None of the above

(4)      None of the above

 

Reply:

The call by the President to create 1 million jobs in three years will involve multi-faceted government strategies covering a range of initiatives such as, sector-specific interventions in sectors like agriculture, forestry, clothing, tourism and aquaculture as key growth sectors and programmes such as the recent Youth Employment Services.

The full time equivalent jobs to be created under the Expanded Public Works Programme and other initiatives across other Departments may very well be part of the equation.

 

Reply:

Government was represented in all the engagements towards establishing the modalities of a national minimum wage and this by extension included all departments.

The intended coverage of the National Minimum Wage of R20 per hour is intended for all workers in South Africa with the exception of Farm, Forestry, Domestic and Expanded Public Works Programme (EPWP) workers.

If Community health workers/ community caregivers are not under the EPWP programme, then they are covered.

END

Reply:

Skills development is no longer under the Minister of Labour’s remit, but that of the Department of Higher Education and Training.

Reply:

Pay grades in the mining sector are by and large the function of Collective bargaining processes either at sectoral level or enterprise level. As such the detailed information is in the public domain and these can either be accessed through the trade unions, the mining sector employer bodies and mining enterprises.

 

Reply:

Call centres are registered with the Department of Trade and Industry.

Reply:

a) The Department does not own any land.

b) However the following entities do own land;

ENTITY	(i) LOCATION	(ii) SIZE	(iii) PURPOSE FOR WHICH IT IS USED
CF	1. Corner Southspansberg & Hamilton street, Arcadia, Pretoria. 2. ERF 252 Phalo street, Bisho	1. 10584 square meters 2. 801 square meters	1. Compensation Fund Head Office 2. The land is leased to Public works in order to build offices.
UIF	1. ERF 895 Phalo Avenue, Bisho 2. ERF 43 Corners Garden road & Post office street, Thohoyandou 3. ERF 834, 20 Trevenna Street, Pretoria	1. 826 square meters 2. 1200 square meters 3. 2519 square meters	1. Undergoing refurbishment 2. Undergoing refurbishment 3. Undergoing refurbishment
ENTITY	(i) LOCATION	(ii) SIZE	(iii) PURPOSE FOR WHICH IT IS USED
	4. ERF 3384, 94 WF Nkomo Street, Pretoria	4. 8454 square meters	4. Undergoing refurbishment
NEDLAC	ERF 2015 Rosebank	1613 square meters	Nedlac Office

Reply:

Minister’s response:

The Department conducted inspections in each of the following sectors as follows;

Mining: 1190 Inspections were conducted in the sector for the period in question. The total of 77 were found to be non-compliant

Manufacturing: 32 Inspections were conducted in the sector for the period in question.

The Honourable Member is referred to the Annual Reports of the Department of Labour for further information.

Reply:

 

Minister’s Response: 1. The Department procured travel related services through Travel with Flair (PTY) Ltd). These included, but not limited to;  (i) Air Travel domestic and International (ii) Air Travel Insurance (iii) Car Hire (iv) Accommodation (v) Foreign exchange (vi) Airport Connection Services These are done within the well-defined treasury prescripts and within the confines of the current austerity measures. 2. The Department always opts for the most cost effective travel routes without compromising the need for officials’ state of readiness to participate and contribute meaningfully in the conferences, meetings for which the travel was intended. All personal and officials that undertake travel are chosen on the strength of their capabilities and value addition. Notwithstanding that the question is by and large open-ended in terms of defining the period for which the information is required, all officials who travel, do so within the limits of the budget.

Reply:

Compensation Fund has only one outstanding invoice to the value of R76 402, 80

CCMA has two outstanding invoices to the value of R75 019.61

Reply:

1. 

Cycle	No officials applied	Approved/Not Approved
2014/2015	100	Not approved
2015/2016	59	Approved
2016/2017	49	Approved

2. None were approved

 

Reply:

1. (a) All our service providers are listed on the National Treasury Data-Base, their details and rank.

(b) The details and rank of all service providers that provided services to the department are enlisted in the National Treasury data base.

2. (a) All Services that are provided by our service providers are operational in nature.

(b) Amounts paid to each service provider vary depending on the size and nature of services they provide.

3. (a) Substantial number of suppliers are Black Empowered and those who aren’t; empowerment becomes one of the conditionalities for being awarded the contract.

(b) The amounts paid to each black owned service provider is determined by the value of each contract.

 

Reply:

The term labour broker does not exist in our current legislation. What we have is Temporary Employment Services and or Private Employment Agencies (PEAs/TES) that are registered with the Department of Labour in terms of Section 24(1) of the Skills Development Act, 1998 as Amended as part of our transitional process.

(a) A total of 492 private employment agencies/temporary employment services were registered with the Department of Labour as at 30 September 2017.

(b) Currently we do not have data as that will only become possible once PEAs/TES regulations are finalized and gazetted. The Department

of Labour will as soon as the regulations are finalised, keep records

on who uses PEAs/TES and statistics of people employed, placed or assisted across all sectors by these agencies.

(c) Covered above.

Reply:

1. Minister of Labour to respond:

As the Department of Labour we have two CEO’s, two Commissioners and two Executive Directors.

Entity	(a) Chief Executive Officers, Commissioner’s and Executive Directors.	(b) Chief Financial Officer employment status
COMPENSATION FUND	Permanent (Commissioner)	Permanent
UIF	Permanent (Commissioner)	Permanent
NEDLAC	Fixed term contract (Executive Director)	Permanent
PRODUCTIVITY SA	Fixed term contract (CEO)	Permanent
SEE*	Fixed term contract (CEO)	Permanent
CCMA	Fixed term contract (Executive Director)	Permanent

• *SEE is not listed as a public entity, operates as a trading entity within the Department of Labour2. 

2. Minister of Labour to respond:

Entity	(a) Names of each Officer	(b)(i) When was Officer employed?	(b)(ii) When will each Officer’s contract end?
COMPENSATION FUND	Mr. Vuyo Mafata(Commissioner) Mr. Abraham J Modiba(CFO)	01 April 2016 16 September 2013	Permanent Permanent
UIF	Mr. Teboho Maruping(Commissioner) Ms Fezeka Puzi(CFO)	01 December 2016 01 April 2016	Permanent Permanent
NEDLAC	Mr Madoda P Vilakazi(EX Director) Mr Mfanufikile Daza(CFO)	01 April 2016 15 December 2014	31 March 2021 Permanent
PRODUCTIVITY SA	Mr Mothunye Mothiba(CEO) Dr Sibusiso Sabela(CFO)	01 April 2016 01 August 2017	31 March 2020 Permanent
SEE*	Mr. Silumko Nondwangu(CEO) Mr. Spheni Ngcongo(CFO)	31 August 2017 15 December 2015	31 August 2018 Permanent
CCMA	Mr. Cameron Morajane(Director) Ms Phetsile Magagula(CFO)	01 April 2016 03 April 2017	31 March 2021 Permanent

• * SEE is not listed as a public entity, operates as a trading entity within the Department of Labour

Reply:

(a) The Department of Labour does not use call centre agents services

 (i) Not applicable

(ii) Not applicable

(b) none

Reply:

1. In terms of section 23 of the Constitution of the Republic of South Africa, every worker has the right to strike. The right to strike is regulated by the Labour Relations Act which sets out the procedures for orderly strike action as well as limitations on the right to strike. Therefore any steps taken by Government in relation to strike action must be cognisant of the constitutional and legal framework surrounding strikes.

2. In February 2017, after lengthy engagement in the National Economic Development and Labour Advisory Council (NEDLAC), Government, organised business, organised labour and the community constituency signed an agreement on labour market stability and wage inequality. One of the elements of the agreement is an Accord on Collective Bargaining and Industrial Action in which all social partners commit to taking steps to prevent violence, intimidation and damage to property and to improve the capacity of the social partners and other agencies to resolve disputes peacefully and expeditiously.

3. Another outcome of the NEDLAC engagements has been a number of proposed amendments to the Labour Relations Act. One of these amendments is a provision for advisory arbitration to endeavour to resolve strikes or lockouts that are intractable or may cause a local or national crisis. Once the amendments to the Labour Relations Act are promulgated, Government together with the Commission for Conciliation Mediation and Arbitration (CCMA) will implement them to contribute to greater labour market stability.

4. Already the Commission for Conciliation Mediation and Arbitration is implementing a CCMA-specific dispute and strike prevention programme and is already bearing the desired results.

END

Reply:

1. With respect to sub-questions (a), (b) the response is “NONE”.

2. With respect to the remaining sub-questions, kindly be advised that the information that the Honourable Member seeks is contained in much greater details in the 2016/17 Annual Reports of the Department and its entities. Accordingly I respectfully refer the member to the annual reports mentioned above. NW3196E