Questions and Replies

Reply:

1. R110 Billion Portfolio

2. (a)(i) R1,577,304

 (ii) R801,126

(b)(i)The assumption is based on the Fund’s annual actuarial valuation report as at 31 March 2017. Additional allowance for unemployment claims were made due to higher expected future unemployment rates. As per the quarterly labour force survey of 2017 Q1, unemployment increased by 1.2% over most recent quarter (from 26.5% to 27.7%). It is expected that this trend will persist for another 4 quarters so that the total increase in unemployment benefits is likely to be around 5%. As unemployment represent 80% of the total benefits paid by the Fund, we expect a 4% increase in benefit payments overall.

(ii) The estimation in (a) above is based on the Monetary Policy Committee’s economic growth forecast made on 25 May 2017 that growth of 1% is expected for 2017 after which it is expected to increase to 1.5% in 2018. It was also assumed that total salaries on which contributions are based will increase at inflation plus the economic growth forecast as set out above.

Reply:

1. The Department funds entities under its purview and the entities do commission research from time to time as part of their operational requirements.

2. The department does conduct research on various topics that relates to operational requirements more so when developing policies.

3. The details of research that the department and its entities conduct, will find expression in the annual reports.

 

Reply:

1. The Registrar does not ‘audit’ trade union membership figures but does verify them in cases where trade unions may be parties to a bargaining council in terms of section 49 of the Labour Relations Act. The following figures are therefore the figures submitted by the respective trade unions to the office of the Registrar.

 

No	Name of Union	Membership Figures	Year of Submission
1	Health and Other Service Personnel Trade Union of South Africa (HOSPERSA)	1 462	2015
2	National Education Health and Allied Workers Union (NEHAWU)	19 910	2016
3	National Professional Teachers’ Associations of South Africa (NAPTOSA)	52 864	2016
4	National Public Service Workers Union (NPSWU)	9 757	2015
5	National Teachers Union (NATU)	30 979	2015
6	National Union of Public Service and Allied Workers (NUPSAW)	2515	2016
7	Public and Allied Workers Union of South Africa (PAWUSA)	10 938	2015
8	Public Servants Association of South Africa (PSA)	8778	2016
9	South African Democratic Teachers Union (SADTU)	248 364	2016
10	Suid Afrikaanse Onderwysers Unie (SAOU)	36 422	2016
11	United National Public Service Association of South Africa and Allied Workers Union ( UNIPSAWU)	225	2016
12	Academic and Professional Staff of the University of South Africa (APSA-UNISA)	663	2015
13	Academic Staff Association of Wits University (ASAWU)	757	2016
14	The University of Cape Town Academics' Union (UCTAU)	616	2015
15	Administrative, Library and Technical Staff Association (ALTSA)	526	2016
16	University of Kwazulu-Natal Staff Union (UKSU)	1216	2016
17	University of Cape Town Employees Union	1128	2016
18	University of Pretoria Workers' Organisation (UPWO)	534	2016
19	Union of Personnel of the University of the Free State (UVPERSU))	1022	2016
20	University and Allied Workers Union (UAWU)	248	2016
21	University of the Western Cape Employees Union (UWCEU)	575	2016
22	Cape Peninsula University Employees Union	526	2016
23	United Herzlia Schools Teachers Association (UHSTA)	199	2016
24	Private Schools and Allied Workers Union (PRISAWU)	104	2015
25	South African Abet Educators Union (SAAEU)	950	2015
26	Professional Educators Union (P.E.U)	10408	2016
27	College Workers Union of South Africa	80	2016
	TOTAL	441 766

2. There are no applications for registration is pending in the office of the Registrar.

3. The following trade unions, in the table below, have failed to submit annual audited financial statements for 2015.

No	Name of Union	Membership Figures	Year of Audit
1	Health and Other Service Personnel Trade Union of South Africa (HOSPERSA)	1 462	2015
2	National Public Service Workers Union (NPSWU)	9 757	2015
3	National Teachers Union (NATU)	30 979	2015
4	Public and Allied Workers Union of South Africa (PAWUSA)	10 938	2015
5	Academic and Professional Staff of the University of South Africa (APSA-UNISA)	663	2015
6	The University of Cape Town Academics' Union (UCTAU)	616	2015
7	Private Schools and Allied Workers Union (PRISAWU)	104	2015
8	South African Abet Educators Union (SAAEU)	950	2015

4. There are no registered trade unions in the teaching or education sector that have been declared insolvent, placed under administration and/or under business rescue in the past five years. (b) These cases are being attended to by the Registrar.

Reply:

Only the Commission for Conciliation Mediation and Arbitration (CCMA) appointed a transaction adviser for a tender in the period 01 January 2012 – 31 December 2012 and the details are as follows;

01 JANUARY 2012 – 31 DECEMBER 2012
		Who were the transaction advisors that were appointed for the tenders?	(b)(ii) For which tenders were they appointed.	(b) (iii) What was the pricing for the tenders in question.	(b) (iv) What amounts were the transaction advisors paid?
Commission for Conciliation, Mediation and Arbitration (CCMA)		Grant Thornton THL Consulting (Pty)	Share Point installation and utilisation. and Business Continuity Model.	R3 434 952.00. R2 724 372.00.	R74 856.96.

• For the period 1 January 2013 to 31 December 2016, there were No Transaction advisors that were appointed in any of the entities.

Reply:

1) As the Department of Labour, we have Advisory Boards.

Entity	(aa) when was each individual member appointed?	(bb) when is term for each board member lapsing?	(ii) (aa) how many board members are there in each board?	(ii)(bb) How many of those board members of each entity are female?
COMPENSATION FUND	01/2014	12/2017	16	3
UIF	10/2014 Chairperson 02/2016	09/2017 Chairperson 01/2019	13	1
NEDLAC	N/A	N/A	N/A	N/A
PRODUCTIVITY SA	11/2014 Chairperson 02/2015	10/2019 Chairperson 01/2020	7	4
Employment services board	07/2016	06/2021	13	3
CCMA	10/2014- 7members 12/2015- 1 member 04/2016- 1 member 05/2017- chairperson	10/2017 Chairperson 04/2020	10	1

2) (a) Advisory Boards are nominated through NEDLAC Constituencies and are appointed by the Minister.

Reply:

Entity	(aa) Names of staff members awarded contracts	(bb) Professional designation of the staff members awarded contracts	(cc) Details of the contract and/or agreements awarded	(dd) The total amount for each contract
2014/15 FINANCIAL YEAR
DEPARTMENT OF LABOUR	None	N/A	N/A	N/A
COMPENSATION FUND	None	N/A	N/A	N/A
UIF	None	N/A	N/A	N/A
NEDLAC	None	N/A	N/A	N/A
PRODUCTIVITY SA	Neo Lekaowa	Senior Business Consultant	Detergent Manufacturing Business	R8660
SEE	None	N/A	N/A	N/A
CCMA	None	N/A	N/A	N/A

Minister of Labour to respond:

Entity	(aa) Names of staff members awarded contracts	(bb) Professional designation of the staff members awarded contracts	(cc) Details of the contract and/or agreements awarded	(dd) The total amount for each contract
2015/16 FINANCIAL YEAR
DEPARTMENT OF LABOUR	None	N/A	N/A	N/A
COMPENSATION FUND	None	N/A	N/A	N/A
UIF	None	N/A	N/A	N/A
NEDLAC	None	N/A	N/A	N/A
PRODUCTIVITY SA	Neo Lekaowa	Senior Business Consultant	Detergent Manufacturing Business	R51 925
SEE	None	N/A	N/A	N/A
CCMA	None	N/A	N/A	N/A

Minister of Labour to respond:

Entity	(aa) Names of staff members awarded contracts	(bb) Professional designation of the staff members awarded contracts	(cc) Details of the contract and/or agreements awarded	(dd) The total amount for each contract
2016/17 FINANCIAL YEAR
DEPARTMENT OF LABOUR	None	N/A	N/A	N/A
COMPENSATION FUND	None	N/A	N/A	N/A
UIF	None	N/A	N/A	N/A
NEDLAC	None	N/A	N/A	N/A
PRODUCTIVITY SA	None	N/A	N/A	N/A
SEE	None	N/A	N/A	N/A
CCMA	None	N/A	N/A	N/A

Reply:

In the databases maintained by the Department of Labour the number of jobs lost specifically through automation is not indicated. However automation and digitisation, will certainly affect all workers in one way or the other, South Africa is no exception to this global trend.

Reply:

 

Ministry of Labour	(i)Yes (ii)No (iii)No (aa) VIP protection (bb) SAPS/DoL Ministry (cc) SAPS: Compensation DoL: Incidental costs
Deputy Ministry of Labour	(i)Yes (ii)No (iii)No (aa) VIP protection (bb) SAPS/DoL Ministry (cc) SAPS: Compensation DoL: Incidental costs
Heads of Entities or bodies	(c) None (aa) N/A (bb) N/A (cc) N/A

Reply:

Steps taken to assist the Compensation Fund to improve its service delivery include, but not limited;

1. The Introduction of CF-Filing;

The objective of the project improve the turn-a-round time for an employer to register with the Compensation Fund, submit Return of Earnings online, process an immediate online payment and receive the Letter of Good Standing. The project is at an advanced stage and will be launched before the end of 2017.

2. The Introduction of Online Claims System;

The Fund implemented a new claims management system in 2014. This has resulted in visible improvements in the Fund’s service delivery. The system provides an online platform for employers and medical service providers to submit claims on line which facilitates speedy adjudication of claims. Plans are in place to continue to enhance the system with the objective of improving the claims turnaround time.

3. Improving the Call Centre system;

A new and improved call centre system is in the process of being implemented. The objective is to implement a system that will ensure that the service from the call centre to the back office is well managed in order to ensure that inquiries are responded to in the shortest time possible.

4. Realigning the Compensation for Occupational Injuries and Diseases Act (COIDA) to enhance benefits and service delivery;

The process of aligning COIDA so that it is in-line with the 21st century environment in order to ensure that is capable of responding to the service delivery needs, is at an advanced stage. We will soon be asking Cabinet to give us approval to publish the draft COIDA Amendment Bill for public comment.

Reply:

a) 30;

b) All 30 relate to allegations of fraud;

c) 89

Reply:

1.  The 6% increase to Inspection and Enforcement Services was granted by National Treasury and not by the Department.

(2) No; the 6% increase for 2017/18 financial year is not sufficient to ensure that the labour inspectors are properly resourced and capacitated to ensure all labour market policies are complied with.

Reply:

1. The Department has not undertaken and/or intends to undertake studies to determine the viability of allocating more money directly to the Unemployment Insurance Fund because the Fund has always been self-funding and as such it does not require any form of funding from the Department.

2. Yes, the monitoring mechanisms are based on the current performance management system.

3. The Department took into consideration amongst other things the human resources required for the monitoring; and successful implementation of the National Minimum Wage agreement.

Reply:

Firstly it is important to correct the statement/perception that the increase for 2017/18 financial year for Public Employment Services is by 54%. The actual increase for is a mere 2%.

 a) R4, 438.00

 b) R3, 875.00

Reply:

1. (a) (i) No.

(a) (ii) No.

(aa) Not Applicable

(bb) Not Applicable

(cc) Not Applicable

(dd) Not Applicable

(ee) Not Applicable

(ff) Not Applicable

Reply:

(1) (a) The detailed breakdown of the 2014/15 and 2015/16 information can be gleaned in the Productivity South Africa’s Audited Financial statements and/or the Annual Reports that were tabled in Parliament in the periods in question.

(b) (i), (ii) & (iii) Detailed breakdown for 2016/17 is currently being audited and as such it will be premature and improper to provide such information at this stage. However the information will be provided in the Productivity South Africa/s Audited Financial Statements and/or in the 2016/17 Annual Report as prescribed.

(2) The projected budget for Productivity SA for 2017/18 Financial Year is in the region of R177 million.

(3) The staff complement of Productivity South Africa for the 2016/17 financial year is currently being audited and as such it will be premature to provide such information at this stage. However, the detailed information in this regard will be tabled in Parliament in August 2017 as prescribed.

Reply:

(a), (b), (c), (d), (e) and (f); The information that the Honourable Member is seeking is currently going through an audit process in order to ensure its accuracy. However, the Entities and the Department will gladly provide such information in their respective 2016/17 Annual reports which will be tabled in Parliament in August 2017 as prescribed in the PFMA.

Reply:

1. (a) The information that the Honourable Member is seeking is currently going through an audit process in order to ensure its accuracy. However, we will gladly provide such information in the 2016/17 Annual report which will be tabled in Parliament in August 2017 as prescribed in the PFMA.

(2) (a) The total budget for Supported Enterprises is R141 million and

(b) Marketing-advertising budgets is R4.4 million

Reply:

Minister’s Responses in Matrix;

	1) Whether there is any position of (a) chief executive officer, (b) chief financial officer and/or (c) chief operating officer that is currently vacant in each entity.
ENTITIES REPORTING TO THE MINISTER	(a) – CEO.	(1)(b) – CFO.	(1)(c) – COO.
NEDLAC.	No current vacancy.	No current vacancy	No current vacancy
(1)(i).	N/a.	N/a.	N/a.
(1)(ii).	N/a.	N/a.	N/a.
(2)(a) & (b).	N/a.	N/a.	N/a.
(3) (a), (b) & (c).	N/a.	N/a.	N/a.
CCMA.	No current vacancy.	No current vacancy	No current vacancy
(1)(i).	N/a.	N/a.	N/a.
(1)(ii).	N/a.	N/a.	N/a.
(2)(a) & (b).	N/a.	N/a.	N/a.
(3) (a), (b) & (c).	N/a.	N/a.	N/a.
PRODUCTIVITY SA.	No current vacancy.	No current vacancy.	No current vacancy.
(1)(i).	N/a.	N/a.	N/a.
(1)(ii).	N/a.	N/a.	N/a.
(2)(a).	N/a.	N/a.	N/a.
(2)(b).	N/a.	N/a.	N/a.
(3)(a), (b) & (c).	N/a.	N/a.	N/a.
COMPENSATION FUND.	No current vacancy.	No current vacancy.	Currently vacant.
(1)(i).	N/a.	N/a.	6 months.
(1)(ii).	N/a.	N/a.	Resignation.
(2)(a).	N/a.	N/a.	Advertised & interviews done.
(2)(b).	N/a.	N/a.	01 June 2017.
(3) (a), (b) & (c).	N/a.	N/a.	No acting appointment.
UNEMPLOYMENT INSURANCE FUND.	No current vacancy.	No current vacancy.	Currently vacant.
(1)(i).	N/a.	N/a.	4 months.
(1)(ii).	N/a.	N/a.	Promotion.
(2)(a).	N/a.	N/a.	Advertised & Interviews – 04 May 2017.
(2)(b).	N/a.	N/a.	01 July 2017 – anticipated.
(3)(a).	N/a.	N/a.	01 person acting.
(3)(b).	N/a.	N/a.	04 months.
(3)(c).	N/a.	N/a.	Yes – person acting has applied for this post.

Reply:

1. I am advised that the Workers Association Union (WAU) has since been deregistered

2. Not that I am aware of;

3. Not that I am aware of;

4. Not that I am aware of;

Reply:

1. No

2. No

Reply:

1. No services were procured from the above-mentioned service providers.

Reply:

 

1. In terms of the NEDLAC forensic investigation case no CAS132/1/015, NPA has informed NEDLAC that the matter is receiving attention and that the provisional report that was to be finalised on the 24th February 2017, has not been completed. The NPA has promised that NEDLAC will be advised in due course when the report is ready.

Reply:

The Department / Minister of Labour did not pay for any Member of Parliament.

Reply:

(a) Toyota, Audi & Jeep

(b) Fortuner 3.0 D. A 6 & Grand Cherokee 3.0 D

(c) Toyota Fortuner = R469 450.88, Audi A 6 = R513 508.08 and Jeep R899 241.00

(d) Toyota Fortuner 21 July 2014, Audi A 6 23 July 2014 and Jeep 21

February 2017

(i) Replacement of the Minister’s old vehicle

(ii) New vehicles for newly appointed Deputy Minister

(aa) (aaa) 2014 / 2015 Financial Year

(bbb) 2015 / 2016 Financial Year, there was not procurement done

(bb) Since 1 April 2016, Jeep Grand Cherokee for the replacement of the Minister’s old vehicle

Reply:

 

DEVELOPMENT CHAMBER DELEGATES

NO.	NAME & SURNAME	CONSTITUENCY	ORGANISATION
1	FaniXaba	Business	BUSA
2	Mpumalanga Myataza	Business	BUSA
3	ZinziMgolodela	Business	BUSA
4	Kevin Cowley	Business	BUSA
5	Nomsa Kula	Business	BUSA
6	SharnaJohardien	Business	BUSA
7	ThamiSkenjana	Business	BBC
8	Zama Ndaba	Business	BBC
9	TafadzwaMupeti	Business	BBC
10	Philip Maseko	Business	BBC
11	PhilaFakude	Business	BUSA
12	Herman Tsebe	Community	DPSA
13	Lucas Qakaza	Community	SANCO
14	Lawrence Bale	Community	SANACO
15	Laura Kganyago	Community	WNC
16	MaloseRamashala	Community	FSCC
17	ThulaneMabuza	Community	SANACO
18	Tumelo Zwane	Community	SAYC
19	ThethiswaMakaya	Community	DPSA
20	Adam Mthombeni	Government	DPW
21	Catherine Mavi	Government	DPW
22	NgubeThokwana	Government	DHS
23	NolwaziMgibe	Government	DPW
24	CJ Abrahams	Government	DPW
25	Devan Pillay	Government	DPW
26	Nyanisile Jack	Government	COGTA
27	Shirley Lloyd	Government	DHET
28	Matthew Parks	Labour	COSATU
29	Godfrey Selematsela	Labour	FEDUSA
30	Tom Bacote	Labour	NACTU
31	Busisiwe Mnisi	Labour	NACTU
32	MaloseKutumela	Labour	NACTU
33	LuthandoBrukwe	Labour	COSATU
34	LebogangMulaisi	Labour	COSATU
35	Mpho Kekana	Labour	NACTU
36	Brenda Modise	Labour	FEDUSA

LABOUR MARKET CHAMBER DELEGATES

NO.	NAME & SURNAME	CONSTITUENCY	ORGANISATION
1	KaizerMoyane	Business	BUSA
2	Elize van der Westhuizen	Business	BUSA
3	Jonathan Goldberg	Business	BUSA
4	Lucio Trentini	Business	BUSA
5	MotsamaiMotlhamme	Business	BUSA
6	Tommy Oliphant	Business	BBC
7	Elias Monage	Business	BBC
8	SharnaJohardien	Business	BUSA
9	NavishaMitoo (Alternate)	Business	BBCBE
10	Dr Thuthula Balfour-Kaipa	Business	CHAMBER OF MINES
11	Aruna Ranchod	Business	BUSA
12	Jesse Doorasamy	Business	Group Five
13	Thembinkosi Mkalipi	Government	DoL
14	David Khumalo	Government	DoL
15	Ian Macun	Government	DoL
16	Ntsoaki Mamashela	Government	DoL
17	Setsomi Molapo	Government	DoL
18	Stephen Rathai	Government	DoL
19	Mbongeni Magula	Government	DoL
20	Masilo Lefika	Government	DoL
21	MduduziMbongwe	Labour	COSATU
22	BhabhaliKaMaphikela - Nhlapo	Labour	COSATU
23	Patrick Phelane	Labour	COSATU
24	Johan van Niekerk	Labour	FEDUSA
25	MajakhunameMphahlele	Labour	COSATU
26	MartleKeyter	Labour	FEDUSA
27	TumedisoModise	Labour	NACTU
28	Matthew Parks	Labour	COSATU
29	ZanoxoloMpendu	Labour	NACTU
30	JanekWilimiec	Labour	UASA
31	Louisa Nett	Labour	COSATU
32	Mpho Kekana	Labour	NACTU

PUBLIC FINANCE AND MONETARY POLICY CHAMBER DELEGATES

NO.	NAME & SURNAME	CONSTITUENCY	ORGANISATION
1	Paul Bondi	Business	BUSA
2	Jeff Gable	Business	BUSA
3	Christo Van Der Reede	Business	BUSA
4	Olivier Serrao	Business	BUSA
5	Tyson Sibanda	Business	BUSA
6	StravrosNicolaou	Business	BUSA
7	SelloRasethaba	Business	BBC
8	George Sebulela	Business	BBC
9	Jesse Doorasamy	Business	BBC
10	SelvanNaicker	Business	BBC
11	Hamlet Hlomendini	Business	BUSA
12	Raymond Masoga	Government	National Treasury
13	OlanoMakhubela	Government	National Treasury
14	Basil Maseko	Government	National Treasury
15	Ismail Momoniat	Government	National Treasury
16	Sidney Kgara	Labour	NEHAWU
17	GodukileMacatha	Labour	NUM
18	Matthew Parks	Labour	COSATU
19	Jan Mahlangu	Labour	COSATU
20	Louise Nett	Labour	COSATU
21	SekgotaPhochana	Labour	NACTU

TRADE AND INDUSTRY CHAMBER DELEGATES

NO.	NAME & SURNAME	CONSTITUENCY	ORGANISATION
1	Johan Pienaar	Business	AGRISA
2	Nico Vermeulen	Business	BUSA
3	DanieJordaan	Business	BUSA
4	Michael Lawrence	Business	NCRF
5	John Purchase	Business	AGBIZ
6	HenkLangenhoven	Business	COM
7	DanisaBaloyi	Business	NBBC
8	Olivier Serrao	Business	BUSA
9	Tyson Sibanda	Business	BUSA
10	Kurt Moore	Business	SALBA
11	Gregory Mofokeng		BBC
12	Angela Dick	Business	TRANSMAN
13	Deidre Penfold	Business	CAIA
14	Zama Ndaba	Business	BUSA
15	MluGanto	Business	BUSA
16	Faried Adams	Government	DTI
17	Tendani Ramulongo	Government	DTI
18	Jan Magoro	Government	DTI
19	Niki Kruger	Government	DTI
20	TshifhiwaMahosi	Government	DTI
21	MzikayiseMgijima	Government	DTI
22	Tony Ehrenreich	Labour	COSATU
23	Ashley Benjamin	Labour	FEDUSA
24	Abraham Daniels	Labour	COSATU
25	Etienne Vlok	Labour	SACTWU
26	Tony Franks	Labour	NACTU
27	MpheaneLepaku	Labour	COSATU
28	MolefeRadinne	Labour	COSATU
29	NokanyoYolwa	Labour	COSATU

END

Reply:

I am not in a position to provide you with the cost associated with training of artisans in the country as I am no longer responsible for skills development. The function was transferred to the Department of Higher Education as from 01st April 2010.

Reply:

(1) No; because CEPPAWAWU complied with the Court Order handed on 09 October 2015. Therefore there was no compelling reason for the Registrar of Labour Relations to do so.

(2) whether she has taken any steps against the specified acting registrar for failing to take any remedial action in this regard; if not, why not; if so, what are the relevant details? NW3181E

MINISTER'S RESPONSE

(2) No; because there was no compelling reason for Registrar of Labour Relations to take any remedial action by approaching the court to enforce the Labour Court order handed down on 9 October 2015 against the leadership of the Chemical, Energy, Paper, Printing, Wood and Allied Workers’ Union for allegedly failing to table full, legally audited financial statements and minutes showing the adoption of such financial statements. Therefore there is no legal reason for me to take any steps against the Registrar of Labour Relations.

Reply:

(1) The following financial statements of CEPPWAWU were submitted and accepted by the Registrar of Labour Relations:

(a) 2010 - 2011

(b) 2011 - 2012

(c) 2012 - 2013

(d) 2013 - 2014 (under construction, therefore not yet submitted)

(i) not applicable

(ii) not applicable

(2) whether the specified acting registrar accepted the minutes of the meeting of the National Executive Committee of the CEPPWAWU held on 14 January 2016 where the financial statements were allegedly tabled; if so, (a) why did the acting registrar accept the minutes of the specified meeting despite the Labour Court judgment handed down on 15 April 2016 that the financial statements were not compliant with the CEPPWAWU’s rules and labour legislation and (b) what are the further relevant details;

MINISTER'S RESPONSE

(2) The Registrar of Labour Relations accepted the CEPPAWAWU NEC minutes of the meeting held on 14 January 2016.

(a) There was no reason compelling the Registrar of Labour not to accept or reject the minutes referred to. The minutes referred to were brought to the Registrar's attention during the course of February 2016. Therefore the Labour Court judgement of 15 April 2016 had no bearing on decision of the Registrar of Labour Relations whether to accept or reject the minutes of 14 January 2016.

(3) whether each of the financial statements were fully audited in terms of sections 25(5) and 98(2) of the Labour Relations Act, Act 66 of 1995, as amended; if not, in each case, why not; if so, did CEPPWAWU comply with its own constitution in this regard;

MINISTER'S RESPONSE

(3) In as far as it relates to the question and information submitted by CEPPAWAWU to the Registrar of Labour Relations, the financial statements submitted were fully audited in terms of section 25(5) and 98(2) of the Labour Relations Act 66 of 1995 and CEPPAWAWU complied with its own constitution.

(4) whether she has taken any steps against any member of the leadership of CEPPWAWU for allegedly failing to comply with Labour Court orders dated (a) 9 October 2015 and (b) 15 April 2016 in terms of failing to table full, legally audited financial statements and minutes showing the adoption of such financial statements; if not, why not; if so, what are the relevant details? NW3180E

MINISTER'S RESPONSE

Assuming that "she" refers to me, it important to note that in terms of the provisions of the Labour Relations Act 66 of 1995, the Minister does not have any legal powers to reprimand any registered Trade Union or Employer Organization other than engage the Trade Union or Employer Organization as a stakeholder.

However if the "she" refers to the Registrar of Labour Relations, it is important to note that the Registrar of Labour Relations is a "he".

(a) CEPPAWAWU complied with the Court Order handed on 09 October 2015. Therefore there was no compelling reason for me to engage the leadership of CEPPAWAWU or the Registrar of Labour Relations to take any steps against the leadership of CEPPAWAWU.

(b) In terms of the information submitted to the Registrar of Labour Relations during the course of February 2016, CEPPAWAWU tabled full, legal audited financial statements and minutes showing the adoption of such financial statements. During the course of February 2016 there was no compelling reason for me to engage the leadership of CEPPAWAWU or the Registrar of Labour Relations to take any steps against the leadership of CEPPAWAWU. However I am not suggesting that now there is such a compelling reason to engage or take steps against the leadership of CEPPAWAWU; because such a decision legally falls within the discretion of the Registrar of Labour Relations.

I am advised though that the Registrar of Labour Relations is awaiting the release of the transcript of the alleged judgement of 15 April 2016. Thereafter he will study the content of the judgement and take a decision on how to deal with the matter; because the alleged judgement deals with a number of issues which may or not directly/indirectly assist him in executing his duties in as far as it relates to the question raised.

Reply:

1. The appointment of the Chairperson of the Governing Body of the CCMA for a period of five years was done in error, and the matter was reported by the Department to the Portfolio Committee. The Department is aware that section 116 of the Labour Relations Act specifies a three year appointment period and steps have been taken to rectify the situation so as to bring the period of appointment in line with the Act.

2. The National Economic Development and Labour Council (NEDLAC) did nominate two candidates for the position of Chairperson of the CCMA Governing Body and requested the Minister to consider the nominees. This was done in writing by the Executive Director of NEDLAC in August 2013.

3. The mandate for the appointment of the Chairperson of the CCMA Governing Body is contained in section 116 of the Labour Relations Act. Further information relating to the functioning of the CCMA Governing Body is contained in Schedule 3 to the Labour Relations Act.

END

Reply:

1) A. Mr Kgomotso Letoaba.

2a.(ii) Yes. This was effected in accordance with the Foreign Service dispensation as determined by the Department of Public Service and Administration (DPSA).

2(aa). CHF 5 229..42 (once off)

2(bb). As above

2b. There was no need to procure new office furniture for the new Attaché. The furniture currently being used by the new attaché is the same used by the previous Attaché. There are therefore no costs associated with the matter.

Reply:

(a)  Yes,

(b) Yes

(i)&(II) Seen attached table for details,

(aa) See accompanying table

(bb) see accompanying table

(cc) see accompanying table

Reply:

With reference to her reply to question 1434 on 11 July 2016, what were the findings with regard to the structural damage? NW2487E

Investigation that was conducted on 21/10/2016 in Kempton Park at Edleen Primary School situated on corner of Klipspringer and Parklands drive in Ester Park. The inspector conducted an inspection at the above mentioned primary school at which there was a complaint of structural damage to the building. The main block, housing the boys toilets, have been locked due to a crack on the wall. Housekeeping of the store rooms in the classes is not being maintained and majority of classes have roof leaks. The inspectors were accompanied by the deputy principal Mr Ryno Rheeder and an employee, Mr Kennedy Ramoshaba, during the Inspection. Due to roof leaks, ceilings in various areas are no longer in a good condition. Toilet facilities were recently renovated and are in good condition, however, four of the toilets demarcated for the school boys are not in use due to cracks in the wall. There are five classes containing possible asbestos related material being used that are not in a good condition, the alleged asbestos walls are however painted, thus limiting the possible risk. The school needs to prioritise the assessment of those five classes containing alleged asbestos material. The School has been requested to furnish the inspector with an action plan that will be communicated to all the relevant stakeholders. A Contravention Notice has been issued relating to matters of non compliance. A follow up will be conducted in 30 November 2016 due to the fact that schools will be closed for December holidays.

Reply:

A Department of Labour Inspector visited Sebenza Police Station at 64 Mopedi Road, Sebenza, to conduct an inspection and the following was observed: the toilet facilities were in good order, General condition of offices were acceptable, electrical installation did not have exposed wires. It was however found that: there is no first aid box/kit and no competent person to administer first aid; the fire fighting equipment are not serviced; copy of the act (Occupational Health and Safety Act) was not accessible to staff and the user of the premises failed to provide certificate of compliance for electrical installation. A contravention notice was issued to the employer.

Reply:

(a) Yes 

(b) Yes  

(i) Safest method to build bridge not agreed to by all parties.

(ii) Waiting for outstanding information from the investigating team of the parties involved.  The second cause of delay is the non availability of the counsel team of the parties involved.

(iii) The Presiding Inspector

(iv) An agreement was reached between all parties relating to the new date for the appearance of the witness.

NW2117E

Reply:

The claim has been finalized

(a) Not applicable,

(b) Finalized and

(c) Finalized on 20 October 2016;
(i) Claim finalized on 10 October 2016
(ii) Yes and
(iii) Yes

Reply:

1. Yes
(i) None compliance with certain provisions of the Asbestos Regulations

Reply:

(a) The increase in expenditure in the 2015/16 financial year was mainly as a result of an increase of advertising for awareness campaigns in respect of Labour Laws.

(b)

PURPOSE	PAYMENTS RO GCIS
Campaign: Employment Equity Awards	1,240,969.63
Campaign: Employment Equity Phase 2	662,754.96
Campaign: Child Labour	1,199,876.44
Campaign: Employment Equity Road Shows	907,578.84
Campaign: Domestic Worker Increases	495,083.45
Campaign: Domestic Wage Increases	327,121.77
Campaign: Domestic Wage Increases	230,033.30
Campaign: Farm Worker Wage Increases	152,047.04
Campaign: Farm Workers Wage Increases	2,194,133.55
Campaign: Domestic Wage Increase	3,093,239.20
Campaign: Employment Equity awards	137,756.87
Campaign: Labour Law Amendments	374,806.60
Total	11,015,401.65

(2) Why did her department's operating lease increase by R34, 6 million from the 2014-15 to the 2015-16 financial year?

Response

The reason for the increase is attributed to the outstanding lease payments lo the Department of Public Works; which were paid during the 2015/16 financial year after the Department of Public Works and my Department performed a reconciliation of the account

Reply:

(a) Department of Labour

Reply:

Response regarding Performance Management of the Head of Department of labour (HOD)

1. (a) None

(i) 2015116

(ii) Satisfactory

2. None;

3. None

Reply:

(a)(i) Chief Financial Officers

Department and Funds	Qualifications
(aa) Department of Labour	Bachelor of Accounting Science
	Honours in Accounting and Finance
(aa) Unemployment Insurance Fund	Bachelor of Accounting Science
	Honours in Business Administration
(aa) Compensation	Bachelor of Accounting Science
	Honours Bachelor of Commerce
	Qualified as a Charted Accountant (SA)

(b) (i) Director General

Department and Funds	Qualifications
(bb) Department of Labour	National Diploma in Chemical Engineering
	Bachelor of Technology Degree in Chemical Engineering
	Bachelor of Technology Degree in Environmental Health
	Masters Degree in Business Leadership (MBL)

Reply:

(a) Yes

(b) Yes

(c) Yes

(i) Investigations in all respect on-going

(ii) Outcomes are pending

(iii) None

Reply:

1. During the inspection, the focus was on the complaints relating to structures, facilities and electrical installation. There were no records that were found at school indicating the presence of asbestos and the Deputy Principal also indicated that she was not aware of any presence of asbestos at the school

2. An inspection was conducted at Chloorkop Primary School in Kempton Park on the 25th of May 2016 by two Occupational Health and safety inspectors. Certificate of compliance could not be provided to the inspectors because the health and safety file of the school was in the possession Principal who was not present at the time of inspection.

3. Contravention and Improvement notices were issued to all areas of noncompliance that were identified and a follow up inspection was scheduled on the 25th July 2016 by a Senior Specialist in occupational health and hygiene.

Reply:

(a) The Department scheduled inspection 30 days after the schools re-opening.

(b) Lack of trained first aid teachers,

Lack of clean ablution facilities;

Lack of Certificates of compliance in electrical installation

(c) There are no specified timeframes but informed by risk assessments that are done by the department from time to time.

i) Occupational health and Safety Act

Reply:

ENTITIES REPORTING TO THE MINISTER OF LABOUR.	(a) (ii) ADVERTISING SPEND 2015/16.	(b) (ii) ADVERTISING BUDGET 2016/17.
UNEMPLOYMENT INSURANCE FUND.	R18, 638, 433.26.	R30, 542, 000.00.
PRODUCTIVITY SA.	R1, 537, 271.00.	R895, 000.00.
NEDLAC.	R55, 000.00.	R74, 000.00.
COMPENSATION FUND.	R55, 242, 874.00.	R60, 000, 000.00.
CCMA.	R2, 145, 285.09.	R715, 000.00.
DEPARTMENT OF LABOUR.	R 10 262 407.03	R 4 107 000.00

Reply:

(1)There were 300 unemployed persons trained on installation of solar energy systems during the mentioned financial year.

(2) the specified training of the specified unemployed persons has been completed with 294 trainees having received their certificates.

(3) the purpose of the training programme for the unemployed is to enhance their chances of integration into the labour market, however, efforts are being made to link the trained unemployed to available opportunities.

(4) the total training costs were R18,675 Million, the training has been co-funded by the Unemployed Insurance Fund (UIF) and Energy and Water Sector Education and Training Authority(EWSETA)

(5) statements were made during Budget Vote Debates both in the National Assembly and National Council of Provinces.

Reply:

(1)The Department of Labour was not approached by any political party for any form of funding (a) in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years and (b) since 1 April 2016;

(2)(a) The Department of Labour did not provide any form of funding to any political party in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-15 financial years and (b) since 1 April 2016.

(2)(b)The Department of Labour is funded by way of appropriation and therefore cannot fund any political party. NW1`687E

Reply:

1 (a) No inspection conducted at Chloorkop Primary School in Kempton Park, Gauteng.

   (b) Due to the fact that there was no inspection conducted, there are no findings.

   (c) There is no stipulation in the Occupational Heath and Safety Act regarding the frequency of inspections for any workplace and there is no other legislation.

(2) (a) Inspection will be conducted at end of May 2016.

(b) inspection reports are not made public in terms of Section 36 of the Occupational Health and Safety Act as amended.

Reply:

1. (a) There has been no inspection at Sebenza police Station.

    (b) Based on point 9a) above, there were no findings.

   (c) There is no stipulation in the Occupational Health and Safety Act regarding frequency of inspections for any workplace and there is no other legislation.

(2) (a) Inspection will be conducted on 24 May 2016.

(b) Inspection reports are not made public in terms of Section 36 of the Occupational Health and Safety Act as amended.

Reply:

(a)(i)(ii) Yes, Productivity South Africa does run developmental programmes for Small, Medium and Micro Enterprises (SMMEs), and Cooperatives.

(aa) The entity has developed action learning solutions to assist SMMEs and Cooperatives aimed at equipping them with the right skills, knowledge and attitudes to implement systems and procedures to improve productivity, profitability, growth and employment creation within these sectors.

The details of the program are as follows:

1. PHASE 1: Business Start-up Workshop (BSUW)

The objective of this phase is to cultivate productive behaviour and distribute productivity competencies among emerging entrepreneurs, including SMMEs and co-operatives. They are enabled to achieve the following learning outcomes:

• Demonstrate an understanding of productivity and its measurement.
• Define entrepreneurship and the characteristics of a successful entrepreneur.
• Demonstrate an understanding of business compliance.
• Identify sources of start-up capital.
• Demonstrate an understanding of the business plan guide/ template as a tool during implementation of action plans to establish a business.

    2. PHASE 2: Business Performance Improvement Workshop (BPIW)

The objective of this phase is to apply an action learning solution to assist SMMEs and co-operatives to implement systems and procedures that will result in:

• Wastage elimination
• Increased sales
• Reduced operational costs through speed and quality improvement
• Maximised profits
• An early warning system (EWS) to proactively detect distress.

1. PHASE 3: After-care and Coaching

The third phase of the programme assist delegates with practical assignments relevant to their own businesses in the form of coaching aftercare services. The practical implementation of the programme content facilitates the achievement of the following objectives:

• The assumption of entrepreneurial behaviour
• The ability to calculate basic productivity measurements
• The ability to establish and maintain critical business practices, such as cash-flow management, budgeting and inventory control
• Practical measurement of current productivity levels and setting of achievable improvement targets
• The ability to undertake practical productivity improvement projects based on set targets
• The ability to realise tangible financial savings from productivity improvement projects and improving profitability and growth.

The coaching component is applied throughout the programme as practical improvement projects are presented. Productivity advisors align activities according to the requirements of the group/cluster. The programme is concluded with a comprehensive stakeholder close-out report and entrepreneurs who complete their portfolio of evidence receive certification.

(bb) An amount of R6 277 116.00 has been budgeted for the 2016/17 financial year for this program.

(cc) A total 1 200 SMMEs and 4 300 Cooperatives will be assisted.

 

Reply:

1. The Department of Labour’s spent on SMMEs for 2015/16 accounted for 59.2% of the total procurement spent.

2. When taking all its entities into account, 29.6% accounted for SMMEs procurement.

3. Cooperatives accounted for negligible share and the Labour Activation Programme is focusing on Enterprise Development Programme with a special focus on Cooperatives.