Questions & Replies: Labour
2011-03-24
THIS FILE CONTAINS 25 REPLIES.
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QUESTION 3846
3846. Mr D C Smiles (DA) to ask the Minister of Labour:
(1) Whether she will reply to (a) all outstanding parliamentary questions and (b) the points contained in each question before parliamentary questions lapse in accordance with Rule 316 of the National Assembly; if not, in each specified case, (i) why not and (ii) which questions, by its allocated number, will not be replied to; if so, what are the relevant details in each case;
(2) whether it is the policy of her Ministry that she submit to the mechanism of parliamentary questions as a measure of constitutional accountability to the National Assembly; if not, why not; if so, what are the relevant details? NW4637E
The Minister of Labour's response
1. All Parliamentary outstanding questions will be answered before the due date of 13 December 2011.
2. The Minister is fully behind and supports Parliament holding the Executive accountable.
QUESTION 3815
3815. Mr P J C Pretorius (DA) to ask the Minister of Labour:
Whether any other persons have driven her official blue light fitted vehicle; if not, what is the position in this regard; if so, in each case, in respect of the (a) 2009-10 and (b) 2010-11 financial years, (i) what is each specified person's (aa) name and (bb) designation, (ii) which vehicle and (iii) why? NW4606E
Minister of Labour Replies:
The Minister's official vehicles for both Pretoria and Cape Town are driven by Protectors allocated by the Department of Police only.
QUESTION 3736
3736. Mr T D Lee (DA) to ask the Minister of Labour:
Whether her department has inspected any (a) hospital and (b) clinic with regard to (i) health and safety and/or (ii) occupational injuries and diseases; if not, (aa) why not, (bb) how often is her department obliged to inspect workplaces and (cc) by which date will every hospital and clinic in the country be inspected; if so, in each case, (aaa) which institution, (bbb) in which province is the institution situated, (ccc) on which date was the inspection conducted, (ddd) which legislative provision did the institution fail to comply with, (eee) what action was taken as a result and (fff) what follow-up inspection have been conducted to ensure that they subsequently adhere to the law? NW4525E
(aaa) Eastern Cape
| (aaa) Name of Institution | (ccc) Date of inspection | (ddd) which legislative provision did the institution fail to comply with (ccc) | (eee) what action was taken as a result | (fff) Follow up Inspections |
| Butterworth Hospital | 08 – 12 November 2010. | Hazardous Biological Agents | Contravention Notice issued | Scheduled for January 2012 |
| Thabalofefe Hospital | 08 – 12 November 2010. | General Safety Regulations, Electrical Machinery Regulations and Hazardous Biological Agents | Prohibition Notice issued | Scheduled for January 2012 |
| Titi Funerals | 08 – 12 November 2010. | Hazardous Biological Agents | Contravention Notice issued | Scheduled for January 2012 |
| Gwiliza Funeral Palour | 08 – 12 November 2010. | Hazardous Biological Agents | Contravention Notice issued | Scheduled for January 2012 |
| Kunene Funeral Palour | 08 – 12 November 2010. | Hazardous Biological Agents | Complied | Scheduled for January 2012 |
| Baziya Healthcare | 08 – 12 November 2010. | Hazardous Biological Agents | Contravention Notice issued | Scheduled for January 2012 |
| Madwaleni Hospital | 08 – 12 November 2010. | Hazardous Biological Agents | Contravention Notice issued | Scheduled for January 2012 |
| All Saints Hospital | 08 – 12 November 2010. | Hazardous Biological Agents, Driven Machinery Regulations, General Safety Regulations | Contravention Notice issued | Scheduled for January 2012 |
| Nelson Mandela Hospital | 08 – 12 November 2010. | Hazardous Biological Agents, Driven Machinery Regulations, & Noise Induce Hearing Loss | Contravention Notice issued | Scheduled for January 2012 |
| Duncan Village Day Hospital | 08 – 12 November 2010. | Hazardous Biological Agents, | Contravention & Improvement Notice issued | Scheduled for January 2012 |
| Grey Hospital | 08 – 12 November 2010. | Hazardous Biological Agents, Driven Machinery Regulations, | Contravention & Improvement Notice issued | Scheduled for January 2012 |
| Life Grey Monument Private Clinic | 08 – 12 November 2010. | Hazardous Biological Agents, Driven Machinery Regulations, | Contravention Notice issued | Scheduled for January 2012 |
| Bhisho Hospital | 08 – 12 November 2010. | Hazardous Biological Agents, Driven Machinery Regulations | Contravention Notice issued | Scheduled for January 2012 |
QUESTION 3730
3730. Dr S M van Dyk (DA) to ask the Minister of Labour:
(1) (a) How many (i) strikes have been reported by her department in 2010 and (ii) working days have been lost as a result of these strikes and (b) what is the (i) total estimated amount of money that has been lost to the economy as a result of these strikes and (ii) amount that has been lost in respect of workers' salaries;
(2) whether her department has any measures in place to ensure that strikes are limited to a minimum; if not, why not; if so, what measures? NW4519E
The Minister replied:
Question (1)
(a)(i) How many strikes have been reported by her department in 2010?
Based on the strike database in my department, we have reported 74 strike incidents in the 2010 Annual Industrial Action Report. The annual report has been launched and it provides detailed analysis on strike incidents in South Africa for 2010.
(ii) How many working days were lost as a result of these strikes?
Working days lost are calculated by multiplying the number of workers involved in strike incidents by the number of days that the strike lasted. Based on this calculation, the department is reporting a figures of 20 674 737 working days lost during 2010 as a result of strikes. The overwhelming majority of working days lost were recorded in the Community, Social and Personal Services sector where a total of 18 866 531 working days were lost. This was due to the public service strike during 2010, which lasted for approximately 20 days.
(b) What is the (i) total estimated amount of money that has been lost to the economy as a result of these strikes? (ii) amount that has been lost in respect of workers' salaries;
(i) The amount that has been lost in respect of workers salaries is not readily available from the Department of Labour. However, this amount can be estimated using the total number of employees involved multiplied by the total number of days that workers were on strike across all sectors in the economy.
(ii) In 2010 it was estimated that employees lost about R 407 million in wages as a result of engaging in strike action, since the 'no work no pay' principle applies during strikes.
(2) Whether her department has any measures in place to ensure that strikes are limited to a minimum; if not, why not; if so, what measures?
The right to strike is a constitutionally guaranteed right. The Labour Relations Act does contain certain limitations on the right to strike; for example, no person may take part in a strike if that person is bound by a collective agreement that requires the issue in dispute to be referred to arbitration. The limitations clause (section 65) does not limit the duration of strikes.
The Commission for Conciliation, Mediation and Arbitration (CCMA) does, however, monitor strikes very closely and will offer to appoint a commissioner to attempt to resolve a dispute through conciliation if the resolution of a dispute would be in the public interest.
QUESTION 3717
3717. Mr D A Kganare (Cope) to ask the Minister of Labour:
Whether the Unemployment Insurance Fund and the Compensation Fund are to be transferred from her portfolio to other institutions; if not, what is the position in this regard; if so, what are the relevant details? NW4499E
The Minister of Labour Replied:-
The Unemployment Insurance Fund, like the Compensation Fund are listed as public entities in terms of schedule 3 (a) of the Public Finance Management Act. Both these entities report to the Department of Labour, with the Accounting authority being the Director-General of Labour and the Executive Authority as the Minister of Labour. There are currently no plans to transfer either of these entities from the Department of Labour.
Currently the Inter-Ministerial Task Team on Social Security Reform, is reviewing a Comprehensive Social Security Policy for South Africa, it is expected that a number of recommendations will be made by the Task Team, but to date no recommendations have been received that the Funds must move out of the Department of Labour.
QUESTION 3703
3703: Dr C P Mulder (FF Plus) asked the Minister of Labour:†
If she and/or her Department has since 2006 (a) entered into any agreements with , (b) concluded any contracts with and/or (c) received any services from, Fever Tree Consulting; if so, what was the (i) nature of the (aa) agreement and\or , (bb) contract and/or (cc) the services, and (ii) the costs in each case? NW 4484A
Minister of Labour replied:
| ENTITY NAME | RESPONSE |
| NEDLAC. | Nedlac has not had any dealings with this company. |
| SHELTERED EMPLOYMENT FACTORIES (SEF). | SEF has never done business with the mentioned company. |
| COMPENSATION FUND (CF). | Kindly note that none of the service providers as listed in the attached document are listed in the supply chain management database. This means that the Fund has not made use of such service providers. |
| CCMA. | The Commission for Conciliation Mediation and Arbitration (CCMA) has not conducted any business with Fever Tree Consulting, and this company is not registered on the CCMA supplier database. |
| PRODUCTIVITY SA. | a) Productivity SA has not entered into any agreements with Fever Tree Consulting; b) Productivity SA has not concluded any contracts with Fever Tree Consulting; c) Productivity SA has not received any services from Fever Tree Consulting. |
| UIF. | The Unemployment Insurance Fund has NOT entered into any agreements with , or concluded any contracts with Fever Tree Consulting, neither has it received any services from Fever Tree Consulting. |
QUESTION 3596
3596. Mr A M Mpontshane (IFP) to ask the Minister of Labour:
(1) Whether any officials in her department (a) have been investigated, (b) are currently under investigation and (c) have been charged for alleged (i) corrupt or (ii) fraudulent activity; if so, what are the relevant details;
(2) whether any disciplinary action has been taken against employees of her department for (a) fraud and/or (b) corruption; if so, (i) how many instances of disciplinary actions have (aa) been finalised and (bb) not been finalised and (ii) in each case, (aa) what sanctions have been meted out and (bb) how long has it taken to finalise such disciplinary actions;
(3) whether she has found that her department has adequate investigative capacity inclusive of manpower and infrastructure in respect of disciplinary proceedings; if not, why not; if so, what are the relevant details? NW4373E
The Minister of Labour replied:
(1) The Department has (a) investigated 53 officials, (b) 16 officials are currently under investigation, c) (i) 8 officials have been charged for corrupt activities and (ii) 23 officials have been charged for fraudulent activities. The cases range from fraudulent UIF application, soliciting a bribe, petty cash theft, and misuse of state vehicles and colluding with medical doctors to submit fraudulent medical accounts.
(2) Disciplinary action have been taken against a) 23 officials for fraud, b) 8 officials for corruption, (i)(aa) 19 cases have been finalized, and (bb) 12 cases have not been finalized. (ii)(aa) Sanctions meted out ranged from discharge, final written warning and suspension without pay for 3 months. (ii)(bb) Cases were finalized within 1 month ranging to 3 months.
(3) The Department is experiencing a shortage of properly trained investigating officers. Investigators are internal staff members who also have to perform other duties. The Department however have dedicated and properly trained officials to represent the Department in disciplinary hearings. The necessary infrastructure and tools of trade are in place to perform duties.
QUESTION 3438
3438. Mr D J Stubbe (DA) to ask the Minister of Labour:
(1) (a) How many copies of each annual report that was produced by (i) her department and (ii) the entities reporting to her were commissioned for print in the 2010-11 financial year, (b) how many copies were actually printed and (c) what were the (i) total and (ii) individual costs of printing these reports;
(2) (a) who printed each specified report, (b) how was the specified printer decided upon and (c) on what date did the specified printer deliver the report to the specified entity;
(3) whether any of the specified reports that had been printed were found to be unsatisfactory; if not, what is the position in this regard; if so, in each case, (a) which reports, (b) for which entity, (c) by which printer, (d) what action was taken and (e) what were the costs? NW4124E
The Minister replies:
1. (a) 1.600 copies were produced by the Department. (b) 1600 copies were actually printed and (c)(i) the total cost was R122 924,83 and (ii) individual printing of these reports is R76,82c each.
2. (a) CTP Printers in Cape Town printed the reports, (b) The printer was chosen via Government Printing Works. (c) Reports were delivered to Parliament on the 31st August 2011 as requested, and they were tabled on time.
3. No reports were received in poor condition.
QUESTION 3487
3487. Mr G Mackenzie (COPE) to ask the Minister of Mineral Resources
Whether the Department will ensure that workers rights are protected and rights afforded to them by Pamodzi Gold are honoured if the proposed deal with China African Precious Mineral is to go ahead; if not; why not, if so, how and what are the further relevant details.
Minister of Labour replied:
Honourable Mackenzie please be well advised that it is the responsibility of the department to ensure workers rights afforded by legislation are protected in every workplace in South Africa where they are violated and Pamodzi Gold is not exception to the rule. If any entity wants to invest in South Africa, it will have to comply with all Labour Legislations and if not, the law will take its course.
QUESTION 3255
3255. Mr D A Kganare (Cope) to ask the Minister of Labour:
(1) (a) How many cases were handled by the Commission for Conciliation, Mediation and Arbitration (CCMA) in each province (i) in (aa) 2009 and (bb) 2010 and (ii) during the period 1 January up the latest specified date for which information is available and (b) what is the staff complement of each provincial office;
Figures below are for the calendar year/s
| Region/Province | 2009 Caseload | 2009 HR Capacity | 2010 Caseload | 2010 HR Capacity | January– September 2011 Caseload | January– September 2011 HR Capacity |
| Eastern Cape | 10061 | 30 | 9403 | 30 | 7219 | 37 |
| Free State | 7893 | 24 | 8096 | 24 | 5837 | 28 |
| Gauteng | 61549 | 133 | 57042 | 133 | 47375 | 144 |
| Head Office | 2449 | 98 | 3098 | 98 | 2192 | 108 |
| KwaZulu Natal | 22281 | 68 | 25327 | 68 | 19982 | 82 |
| Limpopo | 7977 | 22 | 7986 | 22 | 6659 | 23 |
| Mpumalanga | 9642 | 23 | 9226 | 23 | 7037 | 24 |
| Northern Cape | 3167 | 13 | 2886 | 13 | 2141 | 15 |
| North West | 7704 | 23 | 7898 | 23 | 6198 | 31 |
| Western Cape | 20544 | 45 | 21446 | 45 | 16216 | 57 |
| Total | 153267 | 479 | 152408 | 479 | 120856 |
(2) whether she has found that each specified provincial office has the staffing capacity to deal with the case load; if not, what is the position in this regard; if so, what are the relevant details? NW3871E
The CCMA has during its caseload climb period over the last few years adopted a going concern strategy, as well as a process for reviewing its business model to revaluate how its funding model operates. During this process a different strategy in utilising Commissioners was adopted. This enabled the organisation to meet its caseload demands and efficiencies. It is still in the process of evaluating the ongoing sustainability of the processes adopted. The organization employs both full time and part time commissioners.
QUESTION 3229
3229. Mr I.M. Ollis (DA) to ask the Minister of Labour:
(1) Whether any progress has been made to provide safety guidelines for children's playground equipment in terms of the Occupational Health and Safety Act, Act 85 of 1993 since the matter has been referred to the Advisory Council for Occupational Health and Safety which resolved that a technical team be established in order to look into the matter, if not, why not, what are the relevant details?
WRITTEN RESPONSE BY MINISTER OF LABOUR:
(1) A Technical Committee was established and has held several meetings to deliberate on the matter.
Research had to be done with regards to the practice in other countries across the world. The Department has also met with South African Bureau of Standards (SABS) to consider incorporating the SABS codes into the proposed Regulations.
The Technical Committee also developed a draft playground manual for consideration. It must be noted that the proposed Regulation will form part of the General Safety Regulations. This will be submitted to the Advisory Council on Occupational Health and Safety in the last quarter of this financial year, after which it will be submitted to the State Law Advisors for concurrence before it can be promulgated
QUESTION 3165
3165. Mr D A Kganare (Cope) to ask the Minister of Labour:
Whether her department (a) has identified and (b) is implementing (i) government interventions needed to increase skills development and (ii) monitoring programmes for potential science and engineering graduates; if not, why not, in each case; if so, what are the relevant details in each case? NW3692E
The Minister of Labour's Response:
For record purposes, skills development related matters have been transferred to the Department of Higher Education and Training from the 01st November 2009.
QUESTION 3164
3164. Mr D A Kganare (Cope) to ask the Minister of Labour:
Whether the employment equity legislation, which seeks improvements in (a) targeted groups and (b) black representation at all levels of company administration, is developing the skills of the previously disadvantaged; if not, why not; if so, what are the relevant details? NW3691E
Minister of Labour's response:
It is important to highlight that the objective of the Employment Equity Act, 1998 (the Act) is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination; and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups (black people, women and people with disabilities) to ensure their equitable representation across each occupational levels in the workplace. In order to achieve this objective, each designated employer is required by section 15 of the Act to implement affirmative action measures to redress or correct the imbalances of the past faced by previously disadvantaged groups or designated groups in the workplace. Included in the affirmative action measures or strategies to be implemented by employers is the skills development and training of those designated groups.
Furthermore, it must be noted that the skills development of the previously disadvantaged groups falls under the ambit of the Skills Development Act, which is now being administered by the Department of Higher Education.
QUESTION 3163
3163. Mr D A Kganare (Cope) to ask the Minister of Labour:
Whether her department has developed a programme to increase the number of skilled artisans, especially amongst previously disadvantaged groups; if not, why not; if so, what are the relevant details? NW3690E
Minister of Labour's response:
This function is now being undertaken by the Department of Higher Education and Training since the transfer of Skills Development functions as from 01st November 2009.
QUESTION 3040
3040. Mr J H Steenhuisen (DA) to ask the Minister of Public Works:
Whether her department's Disability Policy Guideline has established a monitoring and evaluation system for assessing the accessibility of the Government's (a) owned, (b) leased and (c) occupied buildings for persons with disabilities; if not, why not; if so, (i) which buildings and government departments do not yet comply with accessibility requirements for (aa) wheelchair-bound, (bb) visually impaired and (cc) hearing impaired persons and (ii) what actions are being taken to rectify accessibility constraints for persons with disabilities? NW3525E
Reply:
(a) Audits are conducted by relevant stakeholders within the Department to assess buildings for compliance and user departments are also required to indicate the accessibility of buildings in the User Asset Management Plans (UAMPs). The Department of Public Works (DPW) ensures that accessibility measures are included in the construction of new buildings and that existing State-owned buildings are prioritised for the installation of facilities for people with disabilities. The accessibility measures implemented in buildings include accessible routes, ramps, toilet facilities, parking facilities, signage and lift compliance, etc.
(b) The assessment of buildings to determine compliance is also done in leased buildings by DPW and the accessibility of such buildings should also be indicated by the user departments in the UAMPs. Landlords are required to carry out necessary modifications to make existing leased buildings compliant. The requirement for buildings to be accessible is included in the procurement of new leased accommodation.
(c) The assessment of buildings reflected in paragraph (a) and (b) above is also done in occupied buildings to determine compliance. For non-compliant State-owned buildings, DPW executes projects for the installation of facilities for people with disabilities in such buildings. With regards to leased buildings, landlords are required to undertake necessary modifications to ensure that such accommodation is compliant.
(i) A total number of 48 buildings has been identified asnon-compliant. The assessment of buildings is done on an ongoing basis and any new non-compliant buildings to be identified will be prioritised for the installation of facilities for people with disabilities.
(ii) Non- compliant State-owned buildings have been prioritised for the implementation of accessibility measures in the 2012/13 and landlords are also required to make leased buildings compliant.
QUESTION 3025
3025. Mr E J Marais (DA) to ask the Minister of Labour:
(1) Whether (a) her department and (b) any entity reporting to her was approached by a certain political organisation (name furnished) to contribute to its 66th birthday celebrations; if so, in each case, (i) which entities and (ii) what was the (aa) nature and (bb) value of the contribution that was requested;
(2) whether (a) her department and (b) any of the specified entities reporting to her agreed to the request; if not, what is the position in this regard; if so, in each case, (i) who approved the request, (ii) what was the justification for the agreement to the request and (iii) from which budget will the contribution be paid;
(3) whether (a) her department and (b) any of the specified entities reporting to her made financial contributions to the said political organisation without being approached for such financial contributions; if so, in each case, (i) what amount will be contributed, (ii) from which budget, (iii) who made the decision to provide the specified funds to the said political organisation and (iv) how is this (aa) decision and (bb) amount justified;
(4) whether (a) her department and (b) any of the entities reporting to her rely on any (i) statutory and (ii) policy provisions in (aa) agreeing and (bb) making such contribution; if not, in each case, what is the position in this regard; if so, in each case, what are the relevant details? NW3509E
Minister of Labour replied:
1. No, the Department of Labour and entities reporting to the Minister of Labour were not approached by the political party mentioned to contribute to the birthday celebrations.
2. No, refer to the response provided in paragraph number one (1)
3. No, the Department of Labour and entities reporting to the Minister of Labour did not voluntarily contribute funds to the political organization.
4. No, refer to response provided in paragraph number two (2).
QUESTION 2969
2969 Mr D A Kganare (Cope) to ask the Minister of Labour:
Whether, with reference to the concerns raised by a former Governor of the Reserve Bank (details furnished) about the suitability of skills that are taught by schools and universities, she intends to redirect the efforts and strategies of her department to produce a more employment-ready work force; if not, what is the position in this regard; if so, (a) what is the blueprint for the way forward with regard to commerce and industry and (b) are the further relevant details? NW3445E
The Minister of Labour Responds
The State President has by means of a proclamation transferred all the roles and responsibilities pertaining to Skills Development from the Department of Labour to the Department of Higher Education and training with effect from 1st November 2009.
QUESTION 2968
2968 Mr D A Kganare (Cope) to ask the Minister of Labour:
Whether her department maintains a register of the employment (a) opportunities in every Government department and (b) practices of every Government department; if not, why not, in each case; if so, how does her department (i) ensure compliance with specified labour legislation, (ii) register labour brokers dealing with Government departments, (iii) maintain a record of decent casual work opportunities in the Public Service and (iv) monitor compliance with minimum wage legislation? NW3444E
The Minister of Labour responds:
(a) No, the Department of Public Service and Administration is responsible for maintaining register of vacancies / opportunities in the Public service
(b) The department does not have a mandate and duty to maintain a register of employment practices of every government department. The employment practises of government departments are governed and guided by the Public Service Act and its regulations.The department through its Inspection and Enforcement Branch is empowered by law to inspect all workplaces including government departments for compliance to labour legislation.
(i) The department does not register Labour brokers dealing with other government departments.
(ii) Refer to (a)
(iii) The Inspection and Enforcement Services Branch through inspections of all employers monitors implementation of and compliance to all promulgated sectoral determinations, which set out minimum wages.
QUESTION 2956
2956 Mr D A Kganare (Cope) to ask the Minister of Labour:
Whether she has found that labour laws have been inflexible especially when it comes to various authorities implementing them; if not, why not; if so, what are (a) her recommendations in this regard and (b) the further relevant details? NW3431E
Minister of Labour response:
No. The labour laws are not inflexible.
There is currently a labour market review process underway in NEDLAC which will lead to amendments to labour legislation. These amendments may impact on discussions around labour law regulation.
QUESTION 2910
2910. Mr D C Ross (DA) to ask the Minister of Labour:
(1) Whether her department has placed any (a) companies or (b) persons on the List of Restricted Suppliers, thereby prohibiting the public sector to do business with them; if so, in each case, what is the (i) name of said entity or person, (ii) nature of their business, (iii) reason for restricting this service and (iv) date on which they were restricted;
(2) whether any of the implicated (a) companies or (b) persons have since been removed from the list; if so, in each case, (i) which entity or person, (ii) when and (iii) what is the reason for removing the specified company or person from the list;
(3) whether her department has conducted any business with any of the (a) companies that or (b) person who have been removed from the list; if so, in each case (i) with which companies or persons, (ii) with regard to which services, (iii) for which time period and (iv) why did her department engage the specified company or person despite previous conduct? NW3381E
THE MINISTER OF LABOUR's RESPONSE
(1) (a) & (b) No companies or persons have been placed on the List of Restricted Suppliers by the Department.
(i) None
(ii) None
(iii) None
(iv) None
(2) (a) & (b) No companies or persons have been removed from the List since there is none placed on the restricted list. (No implicated companies or persons)
(i) None
(ii) None
(iii) None
(3) (a) & (b) The Department has never conducted business with any companies or persons who have been removed from the list since National Treasury is consulted to ascertain if the company/ person is restricted or not before the Adjudication process of the Tender commence.
(i) No companies or persons
(ii) No services
(iii) None
(iv) The Departments has never engaged with companies or persons who have been removed from the list.
QUESTION 2738
2738. Mr D C Ross (DA) to ask the Minister of Labour:
(1) Whether her department has placed any (a) companies or (b) persons on the List of Restricted Suppliers, thereby prohibiting the public sector to do business with them; if so, in each case, what is the (i) name of said entity or person, (ii) nature of their business, (iii) reason for restricting this service and (iv) date on which they were restricted;
(2) whether any of the implicated (a) companies or (b) persons have since been removed from the list; if so, in each case, (i) which entity or person, (ii) when and (iii) what is the reason for removing the specified company or person from the list;
(3) whether her department has conducted any business with any of the (a) companies that or (b) person who have been removed from the list; if so, in each case (i) with which companies or persons, (ii) with regard to which services, (iii) for which time period and (iv) why did her department engage the specified company or person despite previous conduct? NW3381E
THE MINISTER OF LABOUR's RESPONSE
(1) (a) & (b) No companies or persons have been placed on the List of Restricted Suppliers by the Department.
(i) None
(ii) None
(iii) None
(iv) None
(2) (a) & (b) No companies or persons have been removed from the List since there is none placed on the restricted list. (No implicated companies or persons)
(i) None
(ii) None
(iii) None
(3) (a) & (b) The Department has never conducted business with any companies or persons who have been removed from the list since National Treasury is consulted to ascertain if the company/ person is restricted or not before the Adjudication process of the Tender commence.
(i) No companies or persons
(ii) No services
(iii) None
(iv) The Departments has never engaged with companies or persons who have been removed from the list.
QUESTION NO: 2649 (NW3101E)PUBLISHED IN INTERNAL QUESTION PAPER NO 28-2011 OF 9 SEPTEMBER 2011
MR LJ NGONYAMA (COPE) TO ASK THE MINISTER OF INTERNATIONAL RELATIONS AND CO-OPERATION:
1. Whether the Government is proactively taking steps to lobby fellow African countries to avert a full scale civil war in Libya: if not, why not; if so, what are the relevant details?
REPLY:
1. Throughout the conflict in Libya, South Africa adopted a firm and principled stance on the resolution of the crisis in Libya. We were guided by African Union's Roadmap. South Africa actively took part in the African Union (AU) ad-hoc High Level Committee on Libya which was established to find a lasting resolution to the Libyan conflict. Within the ambit of the AU Road map, we proactively sought to realise the peaceful resolution of the Libyan conflict.
QUESTION 2624
2624 Mr G G Boinamo (DA) to ask the Minister of Labour:
Whether there are any punitive measures to be borne by employers who are found to have employed illegal immigrants in his business; if not, why not; if so, what are the relevant details? NW3040E
The Minister of Labour responds:
The Department of Labour does not have punitive measures against businesses employing illegal immigrants. That mandate is for the Department of Home Affairs.
The Department of Labour enforces compliance with labour legislation by the employer regardless of whether or not the employee(s) in her/his employ is/are immigrant(s) or South African citizen(s).
Question 2553
Mr M R Sonto (ANC) to ask the Minister of Labour:
Whether (a) her department and (a) the entities reporting to her have implemented any energy-saving (i) practices or (ii) devices for buildings, offices and boardrooms in the 2010-11 financial year; if not, why not, in each case; if so, what are the relevant details in each case? NW2767E
Minister of Labour replied:
| ENTITY NAME | RESPONSE |
| Department of Labour (DoL). | 1. A circular was compiled with specific guidelines on how to implement energy-saving measures and this circular was circulated to all officials of the Department of Labour. The assistance of all officials was requested in this regard. 2. The Department of Public Works as custodian of all state-owned buildings initiated a project for the implementation of energy-saving devices in Laboria House and Concillium Building in Pretoria in the 2010/11 financial year. The first phase of replacing all light fittings with energy saving light fittings was completed in both buildings and the second phase to install timer/movement sensor switches in the two buildings is in planning phase. A service provider was also appointed by the Department of Public Works to establish the current utilization of energy in the buildings and to compile a report where possible further savings can be implemented. |
| NEDLAC. | (a)(i)Has implemented energy saving practices in the 2010 - 2011 financial year by:- · Switching off unnecessary lights in boardrooms and offices. · Opening the blinds in meeting rooms so that sufficient light comes through without having to use lights. (a)(ii)Implemented energy saving devices in in the 2010 - 2011 financial year:-
· 60% of the architecture in the NEDLAC building has been designed for the utilization/implementation of energy saving methods. |
| SHELTERED EMPLOYMENT FACTORIES (SEF). | (a)(i)& (ii)Did not implement energy saving practices or devices in the 2010 - 2011 financial year for the following reasons:-
· From a SEF point of view, there has been no project yet to implement energy saving at the factories. · The reason for this is lack of funding and also lack of guidance/instruction from relevant departments relating to energy saving. |
| COMPENSATION FUND (CF). | (a)(i)& (ii)Did not implement energy saving practices or devices in the 2010 - 2011 financial year for the following reasons:- · The Fund was in the process of appointing an Electrical Company during 2010/2011. An electrical service provider was appointed in May 2011 only after a proper bidding process was followed. · Currently the Compensation Fund has installed instruments to measure the consumption of the new energy saving lights compared to the previously installed lights. After the said exercise has been concluded a decision will be made and the energy saving devices will be procured in the near future. |
| CCMA. | (a)(i)Has implemented energy saving practices in the 2010 - 2011 financial year by:- · In the evening having established a system where only minimal lights are switched on and after every hour they go off, and if someone is in the office they have to be switched back on. · Automated the CCMA HR system, where paper has been reduced to the absolute minimum [cutting down electricity needs relating to printing] e.g. employees apply for leave online and payslips are also posted online. Outside of the Human Resources Programme and also to reduce the use of paper - if it is not necessary to print, read off the computer screen. (a)(ii)Implemented energy saving devices in in the 2010 - 2011 financial year by:- · CCMA only use low energy IT equipment - this includes servers, laptops and other peripheries. |
| PRODUCTIVITY SA (PSA). | The building that Productivity SA occupies is leased and therefore energy-saving maintenance is the responsibility of the lessor. |
| UIF. | The Unemployment Insurance Fund: - (a)(i)Has started with the implementation of energy saving practices subsequent to March 2011 and has embarked on a project during the new financial year 2011/12 to address all current building maintenance shortfalls. The implementation and compliance in terms of the energy-saving practices/devices forms a critical part thereof. (a)(ii)Implemented energy saving devices in March 2011: - The Building Automation System (BMS) was installed along with repairs/upgrade done to the air conditioner at the UIF Head Office to provide optimal start/stop times based on occupied temperatures and free cooling. The installation of the BMS commenced in March 2011 and is operationally to provide an easy to use time of day scheduling module which will regulate not only the air conditioning system but also the lights in the building. The module is to be customizable for after hour operations, holidays and exceptions. Time of day scheduling is to provide grouping facilities of multiple objects in different areas and zones. |
QUESTION NO: NW2783A
2392 Dr C P Mulder (VF Plus) TO ASK THE MINISTER OF LABOUR:
1) How many Zimbabwean Migrant workers were dismissed without the necessary severance packages being paid to them, financial claims instituted in terms of the Bilateral Agreement that was signed on 1 October 2004.
2) (a) In which industries were the migrant workers employed (b) what was the total amount paid to the workers (c) what was the total amount per industry paid to each Zimbabwean migrant worker.
3) Whether she or her Department instituted any steps to ensure that the correct procedure is followed when the services of migrant workers are terminated, if not, why not, if so a) what steps and b) what are the relevant details. NW2783A
MINISTER OF LABOUR RESPONSE:
Question 1
CCMA is the Department of Labour's entity, therefore information can be obtained from CCMA as the jurisdiction to deal with dismissals lies with the CCMA.
Question 2
Migrant Workers are found in almost all industries and sectors of the economy, specific information in this regard can be sourced from the Department of Home Affairs as they are responsible for issuing Migrant Workers' permits.
Question 3
The Department in its responsibility to ensure a right to fair labour practices for everyone, provides advice to both employers and employees about their obligations and rights irrespective of whether they are immigrants or South African citizens.
QUESTION 2292
2292. Mr G G Boinamo (DA) to ask the Minister of Labour:
Whether, with reference to the National Planning Commission's acknowledgement in its Diagnostic Overview that South Africa's strict labour laws have unintended negative consequences on the country's levels of unemployment, she has any plans in place to implement labour reforms; if not, why not; if so, what are the relevant details of such (a) plans and (b) reforms? NW2667E
Minister of Labour response:
As the Honorable Member is aware, the Diagnostic Overview released by the National Planning Commission is a basis for engagement with the public to secure broad agreement about the challenges the country faces.
The National Planning Commission will then take comment into consideration and will present its vision statement and final plan to Cabinet in November 2011.
Amendments to South African labour legislation are currently under consideration by the social partners in NEDLAC. The main focus of the amendments is not the three issues highlighted in the Diagnostic Overview of the National Planning Commission, although the final outcome may have a bearing on these issues.
In short, there is an extensive process of reform to labour legislation underway the outcome of which will be intended to have positive effects on the labour market.
QUESTION 2229
2229. Mr J Selfe (DA) to ask the Minister of Labour:
(1) Whether (a) she, (b) her deputy minister, (c) any specified officials and (d) any other persons have been issued with a government or official credit card during the period 1 April 2010 up to the latest specified date for which information is available; if so, what are the relevant details for her, her deputy minister and each holder of a credit card in respect of the (i) name, (ii) job title, (iii) credit limit, (iv) outstanding amount as at the latest specified date for which information is available, (v) monthly expenses incurred for each month since receiving the credit card, (vi) reason for such persons being issued with a credit card and (vii) uses that such a credit card is intended for;
(2) whether any such credit cards are over their credit limit; if so, (a) whose credit cards are over the limit and (b) what is the reason for the credit cards exceeding the limit;
(3) whether any action has been taken against such persons for exceeding their credit card limits; if not, why not; if so, what are the relevant details? NW2604E
MINISTER OF LABOUR REPLIED
(1) In accordance with the Ministerial Handbook – Annexure G 1(a), dated the 7th February 2007, the Department of Labour has withdrawn all Government issued credit cards and subsequently has not issued any official with a Government or official credit card.
(2) None – refer to response above.
(3) None – refer to paragraph one (1).
QUESTION NO: 1906
2436. Dr. DT George (DA) to ask the Minister of Labour:
(1) For the financial year 2010/2011, indicate by monthly breakdown the total amount of subsistence and travel (s & t's) (a) claimed by and (b) paid to Minister?
RESPONSE: MINISTER OF LABOUR:
(1) (a) The Department of Labour is currently utilising Travel with Flair (TWF) as its Travel Agent.
(b) (i) Travel with Flair facilitates the following activities on behalf of the Department;
- Accommodation bookings and payments;
- Air Transport bookings and payments;
- Food & Beverages;
- Car Rental for Minister; and
- Venues & Facilities.
Travel with Flair therefore facilitates the booking and payment of accommodation, air travel, food and beverages utilized at booked accommodation facilities and venues and facilities utilized by the department.
(2) (a) R854, 360.41 was paid for travel and subsistence by Travel with Flair on behalf of the Minister MMS Mdladlana. The monthly breakdown for April 2010 till October 2010 is as follows:
| Item | Air Trns (Forgn) | Accommodation (Forgn) | Food & Bever (Forgn) | Air Trns (Dom) | Accommodation (Dom) | Food & Bever (Dom) | Incidental Cost | Car Rental | Total |
| Apr-10 | R83, 188.00 | 0 | 0 | R17, 339.00 | 0 | 0 | 0 | 0 | R100, 527.00 |
| May-10 | R295, 223.00 | R8, 452.64 | R676.70 | R27, 814.00 | 0 | 0 | 0 | 0 | R332, 166.34 |
| Jun-10 | 0 | R21, 220.50 | 0 | R30, 504.00 | 0 | 0 | 0 | 0 | R51, 724.50 |
| Jul-10 | 0 | R7, 922.86 | 0 | R80, 692.00 | 0 | 0 | 0 | 0 | R88, 614.86 |
| Aug-10 | 0 | 0 | 0 | R26, 570.00 | 0 | 0 | 0 | 0 | R26, 570.00 |
| Sep-10 | 0 | 0 | 0 | R34, 301.00 | R4, 465.05 | R543.00 | 0 | R5, 479.00 | R44, 788.05 |
| Oct-10 | 0 | 0 | 0 | R182, 029.26 | R26, 594.40 | R1, 146.00 | R200.00 | 0 | R209, 969.66 |
| Total | R378, 411.00 | R37, 596.00 | R676.70 | R399, 249.26 | R31, 059.45 | R1, 689.00 | R200.00 | R5, 479.00 | R854, 360.41 |
(2) (b) R306, 782.66 was paid for travel and subsistence by Travel with Flair on behalf of the Minister MN Oliphant. The monthly breakdown for November 2010 till March 2011 is as follows:
| Item | Air Trns (Forgn) | Air Trns (Dom) | Accommodation (Dom) | Food & Bever (Dom) | Incidental Cost | Car Rental | Total |
| Nov-10 | 0 | R27, 884.00 | 0 | 0 | 0 | 0 | R27, 884.00 |
| Dec-10 | 0 | R27, 747.00 | R11, 727.85 | R1, 821.00 | R1, 326.00 | 0 | R42, 621.85 |
| Jan-11 | 0 | R30, 449.00 | 0 | 0 | 0 | 0 | R30, 449.00 |
| Feb-11 | 0 | R60, 696.00 | R20, 212.20 | R2, 335.00 | R301.00 | R2, 692.42 | R86, 236.62 |
| Mrc-11 | R72, 297.00 | R44, 196.00 | R3, 098.19 | 0 | 0 | 0 | R119, 591.19 |
| Total | R72, 297.00 | R190, 972.00 | R35, 038.24 | R4, 156.00 | R1, 627.00 | R2, 692.42 | R306, 782.66 |
QUESTION 2360
2360. MR S Z NTAPANE (UDM) TO ASK THE MINISTER OF LABOUR:
Whether she has taken any steps to ensure firm trade union leadership (details furnished) during industrial strikes in order to prevent (a) lawlessness, (b) violence and (c) public disorder; if not, why not; if so, (i) what steps and (ii) are the further relevant details? NW2736E
THE MINISTER OF LABOUR REPLIED:
The Honourable member is advised that my Department is amending the Labour Relations Act, Act 66 of 1995. The intention of amending section 150 of the Labour Relations Act is precisely to allow the Commission for Conciliation, Mediation and Arbitration (CCMA) to intervene in these kinds of disputes to endeavour to find a resolution speedily so as to minimise industrial actions.
It should be noted that the labour laws that regulate the right to strike also discourage and do not protect workers who get involved in acts of violence during industrial action. The Labour Relations Act does not protect criminal activities perpetrated under the guise of industrial action. Furthermore, the Bill of Rights states that although everyone has a right to assemble; demonstrate; and picket, it must be peaceful and unarmed. Everyone has a right to life and to be free from all forms of violence from either public or private sources. In instances where a strike takes the form of malicious damage to property, assault on non-striking employees and public violence, the South Africa Police Service (SAPS) has a constitutional duty to uphold the law and to protect property and lives. We all agree that acts of violence and intimidation during strikes are not acceptable.
I belief that the Honourable member will appreciate that I have personally made an impassionate plea to the social partners to do more in marshaling their members during industrial action and to respect the right of non-strikers and public property.
QUESTION 2332
2332 Mr M M Swathe (DA) to ask the Minister of Labour:
(1) Whether (a) her department and (b) any entity reporting to her was approached by a certain political organisation (name furnished) to contribute to its centenary celebrations; if so, in each case, (i) which entities and (ii) what was the (aa) nature and (bb) value of the contribution that was requested;
(2) whether (a) her department and (b) any of the entities reporting to her has a policy that provide for such funding; if so,
(3) whether (a) her department and (b) any of the specified entities reporting to her (i) agreed to the request and (ii) made financial contributions to the said political organisation; if not, why not; if so, in each case, (aa) who approved the request, (bb) on what grounds was the decision made, (cc) from which budget was it agreed to pay the contribution, (dd) what amount was paid, (ee) who made the decision to provide the specified funds to the said political organisation and (ff) how is this (aaa) decision and (bbb) amount justified? NW2708E
Minister of Labour replied:
| ENTITY NAME | RESPONSE |
| Department of Labour (DoL). | 1. DoL was not approached by the mentioned political party to contribute to the party's centenary celebrations. 2. DoL does not have a policy that provides for such funding. 3. DoL made no financial contributions to the mentioned political party's centenary celebrations. |
| NEDLAC. | 1. NEDLAC was not approached by the mentioned political party to contribute to the party's centenary celebrations. 2. NEDLAC does not have a policy that provides for such funding. 3. NEDLAC made no financial contributions to the mentioned political party's centenary celebrations. |
| SHELTERED EMPLOYMENT FACTORIES (SEF). | 1. SEF was not approached by the mentioned political party to contribute to the party's centenary celebrations. 2. SEF does not have a policy that provides for such funding. 3. SEF made no financial contributions to the mentioned political party's centenary celebrations |
| COMPENSATION FUND (CF). | 1. CF was not approached by the mentioned political party to contribute to the party's centenary celebrations. 2. CF does not have a policy that provides for such funding. 3. CF made no financial contributions to the mentioned political party's centenary celebrations. |
| CCMA. | 1. CCMA was not approached by the mentioned political party to contribute to the party's centenary celebrations. 2. CCMA does not have a policy that provides for such funding. 3. CCMA made no financial contributions to the mentioned political party's centenary celebrations. |
| PRODUCTIVITY SA (PSA). | 1. PSA was not approached by the mentioned political party to contribute to the party's centenary celebrations. 2. PSA does not have a policy that provides for such funding. 3. PSA made no financial contributions to the mentioned political party's centenary celebrations. |
| UIF. | 1. UIF was not approached by the mentioned political party to contribute to the party's centenary celebrations. 2. UIF does not have a policy that provides for such funding. 3. UIF made no financial contributions to the mentioned political party's centenary celebrations. |
QUESTION NO 2139 NW2448E
Mr K B Manamela (ANC) to ask the Minister of Labour:
What progress has been made by the National Economic Development and the Labour Council with regard to the amendment of (a) the Labour Relations Act, Act 66 of 1995, (b) the Employment Equity Act, Act 55 of 1998 and (c) the Basic Conditions of Employment Act, Act 75 of 1997? NO2448E
Minister of Labour replied:
The NEDLAC social partners are still busy negotiating the Labour Law Amendment Bills. Honourable Member will agree with me when I say that negotiations tend to be prolonged by divergent views of the parties particularly in the context of NEDLAC where the processes at NEDLAC are based on consensus seeking. Furthermore, what complicates the process is that when parties confront complex matters, they want the opportunity to consult with their respective constituencies for a mandate .However, I can assure the Honourable Member that NEDLAC has made substantive progress.
QUESTION NO:2019 (NW2265E)
Mr J Selfe (DA) to ask the Minister of Labour:
(a) At how many (i) international and (ii) domestic hotels/guest houses was she accommodated during the period 1 April 2009 up to the latest specified date for which information is available and (b) what (i) was the (aa) name, (bb) star rating and (cc) city location of each specified establishment, (ii) was the (aa) duration and (bb) purpose of the stay in each case and (iii)(aa) was the total cost of the accommodation and (bb) is the breakdown of the accommodation cost in each case? NW2265E
THE MINISTER REPLIED:
For Security reasons I cant divulge information about where I have stayed,that information will be sent to Deputy President who is the Leader of government busness.