Questions & Replies: Labour

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2014-03-27

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Reply received: December 2014

3019. Mr I M Ollis (DA) to ask the Minister of Labour:

Whether, with regards to the implementation of the Usage of Official Language Policy Act, Act 12 of 2012 and since the reply of the Minister of Arts and Culture to question 990 on 6 June 2013, her department implemented the Act; if not, when will the Act be implemented; if so, which languages have been adopted as official languages of her department ? NW3663E

Minister's Response

There is no language unit in the Department of Labour currently, but a proposed structure for such is part of the organisational redesign of the Department in the form of Project Shanduka. The Department uses English as it's primary means of communication, but advertisements in local newspapers and on local radio stations with other languages than English, are routinely translated for the local audiences.

Examples include:

· Domestic Workers and Farm Workers izimbizo were popularised in the various provinces using e.g. isiZulu, Afrikaans, isiXhosa and Setswana.

· The Taxi Sectoral Determination hearings were popularised in isiXhosa

· The Employment Equity Act and the deadline for submission of reports were popularised in all 11 official languages using local SABC Radio Stations.

Reply received: December 2014

2856. Mr IM Ollis (DA) to ask the Minister of Labour:

With reference to her reply to question 1769 on 4 November 2014, (a) why were statistics on (i) protected and (ii) unprotected strikes not collected before 2012, (b) where did her department get its data from on strikes before 2012 and (c) did any (i) other government department or (ii) entity reporting to her collect data on strikes before 2012; if so, which (aa) departments or (bb) entities?

REPLY BY THE MINISTER OF LABOUR:

(a) (i) (ii) Strike statistics, including information relating to protected and unprotected strikes, have been collected prior to 2012, but the information was not analysed. The reply to question 1769 erred in not distinguishing between collection and analysis.

(b) The source of data relating to strikes has always been an official form published together with the Regulations to the Labour Relations Act. In terms of section 205 (3) (a) of the Labour Relations Act, employers are required to keep a record of any strike, lock-out or protest action involving its employees. They do so by recording the required information on form LRA 9.2 which is submitted to the Department of Labour.

(c) (i) (ii) As far as the Department of Labour is aware, other government departments and entities that report to the Department do not collect strike statistics on a regular and systematic basis.

Reply received: December 2014

2819. Ms D Carter ( Cope) to ask the Minister of Labour:

Whether her department has won full support from all labour organisations to facilitate the implementation of the National Development Plan (NDP) ; if not, what has her department done to accommodate the misgivings or counter proposals of labour in order to amend the NDP with the support of other partners to find broad consensus necessary for its successful implementation; if so, what are the relevant details ? NW3460E

Minister of Labour's response;

The consultations with stakeholders on the National Development Plan were led by the National Planning Commission therefore I am not in a position to respond to your question.

Reply received: December 2014

2744. Adv H C Schmidt (DA) to ask the Minister of labour:

Did (a) her department and/or (b) any entity reporting to it owe money to any Gauteng municipalities at the end of the 2013-14 financial year; if so, in respect of specified municipality (i) what is the name of municipality, (ii) what was the total amount owed, (iii) what was the nature of the debt, (iv) for long has the debt been outstanding and (v) what plans are in place to recover the debt owed to the municipality by (aa) her department and/or (bb) any entities reporting to it ? NW3393E

Answer:

The Department together with its entities did not owe money to any municipality at the end of the 2013-14 financial year.

Reply received: December 2014

QUESTION: 2633

2633. Mr I M Ollis (DA) to ask Minister of Labour:

Whether she will indicate how many incidents of (a) violence, (b) intimidation, (c) vandalism and (d) injuries to the (i) members of the public and (ii) members of SA Police Service (SAPS) have been reported to the SAPS in each year since 2000 as a result of or connected to labour strike actions? NW3277E

Minister of Labour to reply

The Department of Labour is not responsible for monitoring or dealing with incidents of violence, intimidation, vandalism and injuries. It is the responsibility of the South African Police Service to deal with these incidents therefore the question is misplaced.

Reply received: December 2014

2632. Mr IM Ollis (DA) to ask the Minister of Labour:

With reference to her reply to question 1537 on 21 October 2014, (a) what information of a personal nature may be asked by the Registrar of Labour Relations to specifically verify the bona fides of a new trade union, (b) what measures are in place to prevent the Registrar of Labour Relations from pursuing personal or political agendas in (i) frustrating, (ii) deferring or (iii) unduly delaying registration of new trade unions and (c) what limits are there on the powers of the Registrar of Labour Relations to protect the right to privacy of leaders or members of new trade unions when asked for access to their private information?

REPLY BY THE MINISTER OF LABOUR:

The statutory requirements for registration of a trade union are found in section 95 and 96 of the Labour Relations Act (no 66 of 1995). In addition Guidelines for registration of trade unions were published in the Government Gazette on 25 July 2002 that are to be applied by the Registrar of Labour Relations in determining whether an applicant for registration is a genuine trade union or not. In addition, the Registrar may require further information in support of the application for registration. (Vide section 96(2))

a) The Act does not prescribe what additional information may be requested by the Registrar. In practice the Registrar will require information that will enable him to arrive at a decision taking into consideration the Guidelines and the requirements for registration. Information of personal nature that may be required by the Registrar is inter alia information relating to the employment status of office bearers and officials of the applicant. This information is required to prevent, inter alia, unemployed persons or labour consultants who are not entitled to establish or join a trade union from becoming involved in trade unions. These individuals are also not eligible to be elected into leadership positions in a trade union. Questions are always related to individuals who place the genuineness of the trade union in doubt.

(b)(i)(ii) and (iii)

The Act and the Guidelines were designed to clearly outline the powers and functions of the Registrar so that he does not have unfettered discretion. Internal processing measures have been introduced to finalize applications for registration within 90-days of receipt by the Registrar. For the past 12 months only 2 out of 139 applications took longer than 90-days to be finalized. This is a clear indication that there is no room for frustrating, deferring or unduly delaying registration of new trade unions. Within the constraints mentioned above there is little or no room for pursuing personal or political agendas.

It should also be pointed out that any person who is aggrieved by a decision of the Registrar may appeal to the Labour Court against such decision.

(c) The private information that is required from new applicants for registration is to enable the office of the Registrar to determine whether the union is in fact independent as required in terms of section 95 of the LRA or to determine whether individuals are using the trade union as a vehicle to enrich themselves.

Information of trade unions is generally regarded as confidential information by the office of the Registrar. Section 110 of the Labour Relations Act, however, gives the public right to access certain information. The information that may be accessed by the public is only documents like constitutions, certificates of registration auditor's reports, names and work addresses of office bearers and the addresses of any registered labour organisation.

Any other information other than that mentioned above is regarded as private information and cannot be accessed by the public.

Reply received: December 2014

2631. Mr I M Ollis (DA) to ask the Minister of Labour:

1) How many labour inspectors (a) are there at present and (b) were employed by her department at the end of the (i) 2000-01, (ii) 2001-02, (iii) 2002-03, (iv) 2003-04, (v) 2004-05, (vi) 2005-06,(vii) 2006-07, (viii) 2007-08, (ix) 2008-09, (x) 2009-10, (xi) 2010-11, (xii) 2011-12, (xiii) 2012-13 and (xiv) 2013-14 financial years;

The Minister of Labour responds:

The complement of labour inspectors for the period in question is set out in the table below:

Province

2006

2007

2008

2009

2010

2011

2012

2013

EC

110

92

83

76

88

102

111

108

FS

84

66

62

69

77

74

79

78

GP

254

195

191

220

216

221

234

236

KZN

191

153

139

150

206

221

208

215

LP

78

62

66

77

83

90

94

91

MP

78

54

55

68

78

72

74

81

NC

41

30

33

41

88

44

42

39

NW

70

52

50

58

71

66

67

64

WC

110

99

98

95

107

105

110

109

TOTAL

1016

803

777

854

966

995

1019

1021

Please note that the Human Resource Management system prior to 2005 has not allowed Departments to keep records differentiated at this level.

2) What (a) is the (i) position and (ii) number of staff employed as specialist labour inspectors currently employed by her department and (b) special categories or levels of employment apply in each case or category ? NW3275

The Minister of Labour replies:

Specialist inspectors have been appointed at salary level 12 in the 9 provincial offices in three major categories:

a. Occupational Health and Safety Specialist

b. Basic Conditions Employment Act Specialist

c. Employer Payroll Auditors

These three categories have different needs in terms of the expertise required commensurate with the area of work.

Currently the department has appointed 27 Specialist.

Reply received: December 2014

QUESTION 2391

2391. Mr I M Ollis (DA) to ask the Minister of Labour:

with regards to her reply to question 1536 on 29 August 2014, what (a) are the names of trade unions , (b) number of meetings took place, (c) are the dates on which such meetings took place and (d) was the main purpose of each meeting?

The Minister of Labour reply:

Meetings with trade unions and employer organisations are to build trust and strengthern industrial relationship, the Honourable member may be aware that trade unions and employer organisation are stakeholders in Nedlac.

Reply received: December 2014

2339. Mr I M Ollis (DA) to ask the Minister of Labour:

(a) In the (i) 2011-12, 2012-13 and 2013-14 financial years, (aa) how many times has her department received a request from the SA Human Rights Commission (SAHRC) in accordance with section 184(3) of the Constitution of the Republic of South Africa, 1996,to provide a report on measures taken by her department towards a realisation of the rights in the Bill of Rights concerning housing, health care, food, water, social security, education and the environment and (bb) how many times did her department submit a report to the SAHRC in this regard and (b) in each case , the report(i) made readily available to the public or (ii) tabled in Parliament ? NW2926E

The Minister of Labour to reply:

(a)

(i) 2011-12 no request

(ii) 2012 -13 no request

(iii) 2013-14, once

(bb) it was not a report, the Department was requested to appear before the SAHRC and do a presentation on its role in curbing illegal mining.

Reply received: December 2014

2213.Mr I M Ollis (DA) to ask the Minister of Labour:

(1) With regard to the budget for the Inspection and Enforcement Services division being reduced by R59.5-million or 13.6% of the previous budget, (a) what (i) services, (ii) staff, (iii) vehicles, (iv) equipment or (v) other cost items will need to be cut in order to balance the budget with reduced funding, (b)(i) what services will be cut in order to make up the shortfall in the budget and (ii) in which provinces and (c) will any staff be (i) retrenched, (ii) retired, (iii) fired or (iv) redeployed elsewhere in order to make up this budget shortfall;

The Minister of Labour replies:

The R59.5 million by which the budget was reduced during the previous financial year was earmarked for building capacity within the inspectorate with regard to the specialisation/professionalization of the inspectorate. This allocation was divided into R28 million for the first year of implementation and R32 million as a carry through amount ( in order to finance the costs for the second year).

The R59 million was earmarked for the compensation of employees only and was not intended to cater for the concomitant operational costs.

(2) what impact will this large budget reduction for the Inspection and Enforcement Services division have on service delivery such as the (a) number of workplaces to be inspected, (b) notices issued, (c) fines imposed or (d) legal and court action taken by her department;

The Minister of Labour replies:

Since the R59 million was earmarked only for the compensation of employees and not for operational costs (goods and services), the budget cut would at a first pass not have affected the operational costs and thus impacted on service delivery. However the Department had already started with the filling of the newly created posts. This therefore had the effect that the cut would impact on these posts that were already filled when the budget cuts were affected It would therefore also impact on the remaining compensation of employees budget as well as the operational costs since the internal savings that were realised in the department would not be able to cover the compensation of employees going forward.

(3(a) how many vacancies were there in the Inspection and Enforcement Services at the beginning of the 2014-15 financial year,

150 posts

(b) at what level is each of these vacant positions,

SR3 – 3 pupil inspectors

SR5 – 6 administration clerks

SR6 – 35 Inspectors

SR7 – 7 Inspectors and 8 administrative support staff

SR8 – 53 Inspectors and Team Leaders

SR9 – 5 Principle Inspectors

SR10 – 15 Principle Inspectors

SR11 – 4 Specialist inspectors

SR12 – 11 Specialist Inspectors

SR13 – 2 Directors

SR14 – 1 Chief Director

(c) why were these vacancies not filled,

33 posts were newly created posts where the recruitment process were not yet finalised or the appointed candidate did not yet resumed duty. 68 posts were vacated between December 2013 and March 2014 due to promotions, transfers, resignations, retirement and deaths. 49 posts were vacant for longer than 90 days.

(d) how many vacancies currently exist within the Inspection and Enforcement Services division and

There were 147 vacant posts as at end of October 2014.

(e) when will each of the current vacancies be filled;

Some of the vacancies are in the process of being filled – this could mean that the posts were advertised and waiting for the closing date of the advertisement, some posts the offices are busy with shortlisting of suitable candidates, some offices are busy holding interviews, some offices are awaiting approval to appoint the best suitable candidate, some offices are busy to issue appointment letters to best candidates, some offices are waiting acceptance from the candidate or waiting for candidate to finish notice period at current employer and in some offices the official assumed duty but information not yet captured on PERSAL as the notice did not reach the Provincial office in time.

The effect of the budgets cuts would mean that some of the vacant posts would be frozen

4) is there a shortage of (a) vehicles, (b) computer equipment, (c) safety equipment or (d) any other tools of trade in the Inspection and Enforcement Services division; if not, why not; if so, what has been done to alleviate each of the specified problems;

The Minister of Labour replies:

(i) services,

The Inspection and Enforcement Services conducts its business outside the office, in other words the inspector has to visit companies in order to conduct inspections. It is imperative that the Department therefore looks at how they plan its works and its deliverables. In addressing these issues the Department therefore wishes to address these concerns in the following manner.

(ii) staff,

The department is not currently intending to retrench the employees but to manage the filling of all vacancies.

(iii) vehicles,

The department has limited resources of vehicle even before the cutting of the budget as most of our inspectors are sharing vehicles. This has an impact on service delivery in addition to the performance of the inspectors.

(iv) equipment

Whilst the Department will not expose its workers to hazards, we will manage this aspect of the work more carefully.

(v) other cost items will need to be cut in order to balance the budget with reduced funding,

In order to meet our commitments we have looked at how we manage the following cost centres:

· Telecommunication

· Workshops

· Internal and external training

· Travelling, etc

(5) what facility is available to staff of the Inspection and Enforcement Services division to raise their concerns with (a) the Director-General of her department, (b) the Acting Director-General of her department, (c) the Deputy Director-General of her department and/or (d) her?

The Minister of Labour replies:

The Department of Labour has a number of mechanisms to deal with concerns from staff.

At an institutional level, the Department has a departmental bargaining chamber, whilst at an organizational level there are a number of mechanisms where these issues are dealt. Further the IES branch has established a task team to deal with matters concerning the branch.

Reply received: December 2014

2212. Mr I M Ollis to ask the Minister of Labour:

1. Which companies have been contracted to provide information technology (IT) services for (a) (i) her department and (ii) each of its entities reporting to her, (b) the Compensation Fund, (c) the Unemployment Fund (UIF), (d) Sheltered Employment Factories, (e) Productivity SA, (f) The Commission for Conciliation, Mediation and Arbitration (CCMA), (g) the National Economic Development and Labour Council (Ndlac) and (h) the Inspection and Enforcement Services, among others;

2. What amount has been paid to each of the IT services providers listed above over the past 10 years to provide (a) IT services, (b) hardware, (c) software and (d) support services;

3. Which brands or types of software were implemented by (a) (i) each contractor and/or (ii) her department directly and (b) in each specified case, what was the total amount spent on each type or brand of software or system including, (i) the Systems Applications Products (SAP), (ii) Rand Mutual software system, (iii) Siemens Software, (iv) Microsoft products, (v) case management systems and (vi) accounting software systems;

4. Which entities in (a) her department and (b) its subdivisions (i) use each of the brands or types of software and (ii) from date of commencement ;

5. In each of the specified cases which (a) official, (b) accounting officer, (c) departmental head or (d) political oversight authority authorised the procurement for (i) software, (ii) hardware or (iii) support services?

The Minister to reply:

The Department of Labour, the Funds and entities have all submitted their reports and the Portfolio Committee on Labour has been briefed on IT related matters. The Honourable member is aware of the status of IT system in the Department.

Reply received: December 2014

2211. Mr I M Ollis to ask the Minister of Labour:

(1).(a) Which (i) societies for disabled persons, (ii) societies for the blind , (iii) nongovernmental organisations (NGOs) and (iv) trade unions were supported by his department with (aa) financial grants , (bb) sponsorships, (cc) aid and (dd)any other form of financial support and (b) what amount was paid for each of the specified societies, organisations and trade unions in the (aaa) 2000, (bbb) 2001, (ccc) 2002, (ddd) 2003, (eee) 2004, (fff) 2005, (ggg) 2006, (hhh) 2007, (iii) 2008, (jjj) 2009, (kkk) 2010, (lll) 2011, (mmm) 2012 and (nnn) 2013 calender year;

(2). (a) which of the specified societies , organisations and trade unions have not been given (i) grants and (ii) financial support in the (aa) 2013-14 and (bb) 2014-15 financial years (b) in each case, for what reasons are the specified societies and organisations no longer receiving the financial support they have been receiving since the 2000 year;

(3). (a) which of the specified societies, organisations and trade unions have received reduced financial support for the 2014-15 financial year when compared to the amounts of previous financial years and (b) what is the reason this reduced support in each case? NW2755E

The Minister to reply:

The Annual Report tabled in Parliament in September 2014 also reflect expenditure in the Department, the Honourable member is advised to go through the mentioned report. It is my understanding that these questions were raised when the Department appeared in Parliament to brief the Portfolio Committee on Labour.

Reply received: December 2014

2170. Mr B H Holomisa (UDM) to ask the Minister of Labour:

(1). Whether with regard to the new information technology (IT) system dubbed Umehluko which was deployed by the Compensation Fund of her department since 4 August 2014 (details furnished), she has approved the permanent deployment of this IT system; if not, on what legislative provisions did she rely when she allowed a certain official ( name and details furnished) to approve the permanent deployment of this IT system on his own; if so, what are the relevant details;

(2). did she approved a pilot deployment of the Umehluko IT system for six months; if not, what is the position in this regard; if so, what are the relevant details;

(3). Why (a) was the system procured through a closed tender, (b) the State Information Technology Agency( Sita) was not consulted and (c) other IT providers were not given an opportunity to bid as well;

(4). (a) Why did Compensation Fund had to pay R 13 million monthly for an indefinite period to a certain company ( name furnished) and (b) what is the (i) breakdown of the monthly payments to the specified company and (ii) duration of the contract;

(5). Why (a) did a certain official (details furnished) decided on another IT system whereas the SAP system that was implemented in October 2011 is still new, (b) was the SAP system enhanced to accommodate electronic submission of claims, particularly medical claims and medical reports, (c) was the Umehluko IT system not tested and customised before being deployed to avoid non-payment of compensation benefits and non registration of government claims which were not catered for on the Umehluko IT system?

The Minister of Labour reply:

The Compensation Fund look after injured workers and a number of systems has to be put in place in order to better the service, a lot of information has to be gathered in order to give a comprehensive reply to the question. The Minister will come back to the Honourable member at a later stage.

Reply received: November 2014

QUESTION 1904

1904.Mr H C C Krüger (DA) to ask the Minister of Labour:

Have any (a) small, medium and micro enterprises (SMMEs) and/or (b) cooperatives been closed down because of the breakdown of the collective bargaining system in the (i) 2009-10, (ii) 2010-11, (iii) 2011-12, (iv) 2012-13 and (v) 2013-14 financial years; if so, how many (aa) SMMEs, (bb) cooperatives and (cc) jobs were lost in each case? NW2286E

Minister of Labour repied:

The Department of Labour does not have information of small,medium and micro enterprises SMMEs)and/or cooperatives that have closed down because of the breakdown of the collective bargaining system. As Government we do have intervention strategy for companies in distress Through Productivity SA.

Reply received: December 2014

1787. Mr I M Ollis (DA) to the Minister of Labour:

With reference to her to question 430 and 908 on 19 August 2014 regarding the Special Audit investigation into irregularities at the National Economic Development and Labour Council (Nedlac), (a) how many staff members or officials were implicated in (i) mismanagement, (ii) fraud or (iii) authorising irregular expenditure and (b) what are the names of the individuals who have been subjected to (i) censure, (ii) disciplinary action, (iii) termination of contractor (iv) civil or criminal charges being laid against them as the result of the findings of investigations around the specified investigation into Nedlac?

The Minister reply:

There are still other procedural processes that need to be observed, the Honourable member should wait for such processes to be finalised.

Reply received: December 2014

1786.Mr I M Ollis (DA) to ask the Minister of Labour:

(1) With regard to inspection and enforcement services, (a) how many site visits/inspections were carried out by labour inspectors on farms in each of the provinces in (i) 2004, (ii) 2005, (iii) 2006, (iv) 2007, (v) 2008, (vi) 2009, (vii) 2010, (viii) 2011 (ix) 2012 and (x) 2013 and (b) how many labour inspectors are currently deployed in each province; NW2158E

The Minister of Labour replies

(a) The information on inspections conducted during the financial years in question is set out in the annual reports submitted by the department on an annual basis.

(b) The complement of labour inspectors for the period in question is set out in the table below:

Province

2006

2007

2008

2009

2010

2011

2012

2013

EC

110

92

83

76

88

102

111

108

FS

84

66

62

69

77

74

79

78

GP

254

195

191

220

216

221

234

236

KZN

191

153

139

150

206

221

208

215

LP

78

62

66

77

83

90

94

91

MP

78

54

55

68

78

72

74

81

NC

41

30

33

41

88

44

42

39

NW

70

52

50

58

71

66

67

64

WC

110

99

98

95

107

105

110

109

TOTAL

1016

803

777

854

966

995

1019

1021

(2) with regard to the budget of the inspection and enforcement services having been cut by over R59 million in the 2014-15 financial year,

(a) What spending cuts will be implemented to ensure that this division does not overspend its budget in the 2014-15 financial years?

The Minister of Labour replies:

(a) The branch will introduce cost containment measures such as;

i. Reduction of travel and subsistence expenditure

ii. Rationalize the number of Training workshops and seminars

iii. Freezing of filling of non-critical vacancies

(b) Is the budget for inspection and enforcement in the 2014-15 financial years

sufficient for this division to carry out its mandate?

The Minister of Labour replies:

The budget allocation for 2014 – 2015 will not be enough.

(c) Why was the budget for inspection and enforcement services cut in the

2014/15 financial year?

The Minister of Labour replies:

I am advised that the information on this matter is provided in the 2013/14 Annual Report

Reply received: November 2014

Question 1769

1769. Mr I M Ollis (DA) to ask the Minster of Labour :

(1) How many (a) protected labour strikes (b) unprotected strikes in each of the calendar years from 1994 up to the latest specified date for which information is available? NW2140E

Minister of Labour replied:

1. The Department of Labour is mandated to collect statistics on strikes, with critical issues including reasons for protected and unprotected strikes using the LRA 9.2 form.

2. Whiles the forms are received at the department, they are captured and analysed into the Annual Industrial Report following a financial year period.

3. Regarding the number of protected and unprotected labour strikes, it must be noted that data was only collected from the years 2012 and 2013. Data collected and analysed during the last two financial year is tabled as follows:

2012 Number)

2013 (Number)

Protected

54

54

Unprotected

45

60

Total number of strikes

99

114

Reply received: October 2014

QUESTION 1730

1730. Mr I M Ollis (DA) to ask the Minister of Labour:

(1) With reference to her reply to question 430 on 19 August 2014, has anyone been charged ( a) criminally or (b) civilly for the financial irregularities contained in the special audit investigation into the National Economic Development and Labour Council ( Nedlac) ; if not, why not;

(2) are any of the persons referred to in this regard being considered for the position of Director-General of Labour;

(3) what controls specifically were lacking at Nedlac leading to the (i) financial mismanagement and (ii) irregularities referred to in the special audit investigation? NW2094E

Minister's Reply

(1) (a) No

(b) No

(c) The processes have not been finalised as yet.

(2) No

(3) These will become clear when all the processes have been completed.

Reply received: December 2014

QUESTION 1729

1729. Mr I M Ollis to ask the Minister of Labour:

With reference to her reply to question 921 of 19 August 2014, (a) what is the gross cost to company salary package paid to a certain employee (name furnished) per annum in the (i) 2010-11, (ii) 2011-12, (iii) 2012-13 and (iv) 2013-14 financial years, (b) what was total remuneration for each specified financial year and (c) by what date is it expected that all disciplinary processes instituted by her department will be concluded? NW 2093E

Minister of Labour reply:

The Honourable member will recall that Department of Labour has tabled its Annual Report to Parliament where Finances spent reflected including compensation to employees. Further more, the Department of Labour has already appeared before the Committee in relation to Annual Report.

With regards to disciplinary processes, the member may be aware that the LRA require procedurally and fair processes to be followed, as such, we are unable to say when disciplinary processes will be concluded.

Reply received: October 2014

QUESTION 1587

1587.Mr J S Malema (EFF) to ask the Minister of Labour:

Whether she has found that the level of wages paid to mineworkers is commensurate with the risk of working in high-risk underground mines?

Minister of Labour replied:

The wages in the mining sector are determined by a process of collective bargaining which happens either at industry and/or sectoral centralised bargaining, plant and/or at enterprise level. It is the Employers and Worker representatives, through collective bargaining, that set wages for mine workers.

Reply received: October 2014

QUESTION 1538

1538.Mr I M Ollis (DA) to ask the Minister of Labour:

(1) With regard to a certain company (name furnished), on what dates in the (a) 2011-12, (b) 2012-13 and (c) 2013-14 financial years have labour inspectors inspected this company's facilities with regard to (i) Occupational Health and Safety and (ii) workers having appropriate (aa) gloves, (bb) boots and (cc) other safety clothing;

The Minister of Labour Responds:

a) The company was inspected on the 16 May 2011 and 18 October 2011

b) The company was not inspected in 2012 -13

c) The company was not inspected in 2013-14

i. Yes labour inspectors inspected the company with regards to Occupational Health and Safety

ii. A contravention notice was issued in terms of General Safety Regulations 2(2) relating to the failure by the company to provide employees with boots, gloves, and other safety clothing. The company was given 60 days to comply with this notice. The notice was duly complied with (follow up inspection was done on the 19 and 22 December 2011)

(2) will another inspection be carried out in the next 12 months; if not, why not;

The Minister of Labour Responds;

ü No. The company is not in the list of companies to be inspected in this financial year. An exception could be made when there is a valid complaint from the workers. Our focus is on those companies that we have not inspected in the recent past.

(3) have labour inspectors, in conjunction with the SA Maritime Safety Authority (SAMSA) officials inspected the labour based facilities of this company to enforce (a) labour laws and (b) Occupational Health and Safety issues; if not, when will such an inspection be carried out; if so, what were the findings;

The Minister of Labour Responds;

Labour inspectors have not done any inspection in conjunction with the SA Maritime Safety Authority. There are clear separation of responsibilities in as far as labour laws are applied. Our inspectors are responsible for anything that happens offshore including the processing facilities. SAMSA is responsible for everything that happens in the waters of the Republic of South Africa (with an exception of commercial diving activities). We have inspected the company independently of SAMSA and the following are our findings;

ü The company was found to be compliant with all the provisions of the Basic Conditions of Employment Act.

ü The company was find to be in contravention of the following OHS Act regulations;

o General Administrative Regulations (GAR), Sub section 9 relating to recording and investigation of incidents

o General Safety Regulations(GSR), Sub section 2 (2) relating to the provision of personal safety equipment and facilities

o A Prohibition Notice was served for i) containers which were used for overnight sleeping facilities and ii) the smoking of illegal substances leading to intoxication whilst on duty in the workplace.

(4) has any of the staff from this company approached the Commission for Conciliation, Mediation and Arbitration (CCMA) with regard to (a) unfair labour practices or (b) inappropriate dismissal; if so, (i) how many staff members approached the CCMA, (ii) please provide the same specified information about each case of each specified staff member and (iii) what were the findings of the CCMA;

The Minister of Labour Responds;

As far the CCMA is concerned, no cases of unfair labour practice have been reported by employees from Commercial Cold Storage with regards to;

a) unfair labour practice

b) inappropriate dismissal

(5) is she aware of any attempts by the specified company to (a) avoid implementing all labour laws or (b) unfairly dismiss any employees? NW1908E

The Minister of Labour Responds;

The Minister of Labour is not aware of any attempts by the company to

a) Avoid implementing all labour laws or

b) Unfairly dismiss any employees

Reply received: October 2014

QUESTIONS 1537 FOR WRITTEN REPLY

1537. Mr I M Ollis (DA) to ask the Minister of Labour:

(1) Will she indicate what the full list of requirements are for a new trade union to (a) formally register and (b) get approval to operate as a trade union from her department;

(2) (a) does the Registrar of Labour Relations have any discretion with regard to the formal registration and approval of a new trade union or (b) is he merely required to apply legislated criteria with which to (i) approve or (ii) decline the registration of a new union; if so, what are the relevant details;

(3) Does the Registrar of Labour Unions ask office bearers of new trade unions to supply any (a) personal information or (b) documents in order to register new trade unions; if so, what specific (i) documents or (ii) personal information is required and (iii) which act, or regulation requires such information to be provided by such individuals;

(4) is she aware of any new trade union's application for registration that has unduly been delayed for any reason; if so, (a) please indicate which trade unions have been delayed and (b) what are the reasons for the delays? NW1907E

Minister of Labour replied:

(1) (a) The statutory requirements for registration of a trade union are found in section 95 and 96 of the LRA. In terms of section 95 (8) of the Act, the then Minister of Labour has issued Guidelines for registration of trade unions in consultation with NEDLAC which were published in the Government Gazette on 25 July 2002 that are to be applied by the Registrar of Labour Relations in determining whether an applicant for registration is a genuine trade union or not. In addition the Registrar may require further information in support of the application for registration.

(b) There is no approval required from the Department for a trade union to be established or to operate as an unregistered trade union.

(2) (a) Yes the Registrar has discretion. See response to (1) above. The Registrar must take all factors into consideration.

(b) (i) The Registrar must take all factors into consideration and the applicant must comply with the registration requirements of the Act.

(ii) The Registrar must take all factors into consideration and must be satisfied that the union does not comply with the registration requirements of the Act in order to decline the application for registration.

(3) (a) The Registrar may require further information in support of the application for registration. (Vide section 95(2)). Yes the Registrar sometimes asks questions of a personal nature to determine whether the applicant is a genuine trade union and whether the facts that are supplied are correct in terms of the guidelines.

(b)(i), (ii) and (iii) See all above.

(4) The Minister is not aware of any recent application for registration of an applicant trade union that was unduly delayed. In terms of internal processes the Department attempts to deal with applications of this nature within 90 days from the date the application is received.

Reply received: October 2014

QUESTION 1536

1536. Mr I M Ollis (DA) to ask the Minister of Labour:

(1) With reference to the trade unions or federations of trade unions she met with in the past 24 months, what are the (a) names of the trade unions, (b) number of meetings which took place, (c) dates on which such meetings took place and (d) what was the main purpose of each of the meetings;

(2) (a) what steps did she take to resolve the violent strike at Marikana in 2012, (b) which of the entities in her department were involved in these steps and (c) what are the relevant details in each case;

(3) what steps did she take to resolve the (a) platinum industry strike and (b) metal and engeering industry strike in 2014;

(4) (a) what plans does she have to (i) prevent and (ii) ameliorate violence associated with (aa) strikes, (bb) pickets, (cc) gatherings and (dd) other activities associated with labour relations disputes in future and (b) what are the specific (i) steps and (ii) details of these plans? NW1906E

THE MINISTER OF LABOUR TO REPLY

(1) I and other Government Ministers as well as the Deputy President of the Country we were constantly in touch with parties advicing them to act with the ambit of the law. We facilitated a peace agreement between parties whereby parties committed themselves to act with the ambit of the law. Although all concerning parties signed the peace agreement, AMCU did not sign. Despite this, they committed themselves to work for peace and act within the framework of the law.

(2) The issue of platinum mines and metal and engineering worker strikes were matters of collective bargaining between parties which is protected by the Constitution of the Republic of South Africa. The only problem with these strikes , particularly the one of the platinum mines, was its violence nature and was also protracted strikes which became a

national interest and warranted the intervention of Government. Despite our intervention, we cannot impose solutions to parties involved in the collective bargaining process. I had several meetings with the negotiating parties, at some stage with individual parties to intercede with them to engage each other with the spirit of altruism and genuinely consider each other's offer. Furthermore, Government raised its concern over the length and violence in the strike. In terms of the entity that is empowered by legislation to assist parties to resolve their disputes, is the Commission for Conciliation Mediation and Arbitration which was instrumental in facilitating and mediating these disputes.

(3) I guess that Honourable Ollis is aware that in this house I have on several occasions raise the matter of the Labour Relations Indaba where the Government and social partners among other things they will deal with the nature of violent strikes and what causes these strikes. The Deputy President of the Republic has already announced the date for the Labour Relations Indaba where social partners will have to come-up with concrete proposals and solutions. NW1906E

Reply received: December 2014

QUESTION 1515

1515. Mr M W Rabotapi (DA) to ask the Minister of Labour:

Whether (a) her department and/or any entities reporting to her sponsored political party (i) advertisements, (ii) events and/or (iii)paraphernalia in the (aa) 2011-12, (bb) 2112-13 and (cc) 2013-14 financial years: if so, (aaa) for which political party and (bbb) what was the monetary value of the sponsorship in each case? NW1884E

Minister of Labour reply:

To the best of my knowledge, None

Reply received: November 2014

QUESTION 1485

1485. Mr J H Steenhuisen (DA) to ask the Minister:

What is the quantum of funds spent by her department on all advertising for each financial year between 1 April 2010 up to the latest specified date for which information is available?

The Minister of labour to reply:

The Department and its entities submit Annual Reports to Parliament not later than 30 September each year. Following submission to parliament, the Portfolio Committee on Labour invite the Department and its entities for briefing.

Reply received: December 2014

QUESTION 1452

1452. Mr D America (DA) to ask the Minister of Labour:

(a) Which travel agent has her department used during the period 1 April 2012 up to the latest specified date for which information is available and (b) what is the quantum of funds spent with each of the specified travel agents in the specified period? NW1818E

THE MINISTER'S RESPONSE:

a) The Department of Labour utilised Travel With Flair (TWF) to book and pay for air travel, accommodation, car hire and meeting venues for the period 01 April 2012 to 30 September 2014.

b) The expenditure incurred for the mentioned periods are as follows:

· 2012-13 financial year: R85,613,142.88

· 2013-14 financial year: R85,776,388.33

· 01 April to 30 September 2014: R52,048,397.81

Reply received: October 2014

QUESTION 1189

1189.Mr I M Ollis (DA) to ask the Minister of Labour:

1. Whether (a) she and (b) the Deputy Minister has each employed a ministerial special advisor; if so,

2. (a) what is the name of the special advisor, (b) when was the advisor appointed, (c) what are the duties of the advisor, (d) at what post level was the appointment made, (e) what is the salary level of the advisor, (f) what is the duration of the employment contract entered into with the advisor and (f) why was it necessary to appoint this advisor? NW1427E

Minister of Labour Reply:

a) Yes, the Minister has employed a Ministerial Special Adviser as provided for in Section 12A of the Public Service Act of 1994 as amended.

b) No Adviser has been appointed for the Deputy Minister.

Reply received: November 2014

QUESTION 947

947. Adv A de W Alberts (DA) to ask the Minister of Labour:

How many workers in total were in the employ of all government departments, public entities and institutions appointed in terms of the policy of affirmative action at the latest specified date?

The Minister of Labour replied:

All Government Departments submit their employment status to Parliament, the Department of Labour is responsible labour market related matters. The Honourable member can ask this question to the Minister of Public Service and Administration. NW1096E

Reply received: August 2014

QUESTION 922

922. Mr I M Ollis (DA) to ask the Minister of Labour:

(a) What amount of money is in the Training Layoff Scheme fund

Minister of Labour reply:

The Training Layoff Scheme is not a separate fund. The UIF has set aside budget over the MTEF period for the Scheme.

The UI Board recommended to the Minister of Labour who approved on 23 September 2009 to commit R1.2 billion of the

Funds money for the "Training Layoff Schemes".

Initially the committed R1.2 billion was budget for expenditure over the following years:-

  • 2011: R200 million
  • 2012: R400 million
  • 2013: R105 million
  • 2014: R120 million
  • 2015: R180 million
  • 2016: R195 million
  • Description

    Actuals 2013/14

    R'000

    Original Budget 2014/15

    R'000

    Revised Budget 2014/15

    R'000

    Proposed

    Budget

    2015/16

    R'000

    MTEF

    Budget

    2016/17

    R'000

    MTEF

    Budget

    2017/18

    R'000

    Unemployment alleviating Schemes

    87 990

    550 000

    550 000

    695 000

    731 836

    772 087

    Due to slow take-up in the scheme, the budget had to be provided for in future years. The 2015 MTEF budget reflects the following provision for the scheme:-

    (b) what amount was distributed per annum from the date of commencement of the fund,

    Minister of Labour reply:

    2010/11

    R'000

    2011/12

    R'000

    2012/13

    R'000

    2013/14

    R'000

    2014/15…

    R'000

    TOTAL

    R'000

    Training Lay-off Schemes Expenditure

    6, 333

    3, 272

    3, 126

    7, 325

    0.00?

    20, 056

    (c) what individual payments have been made from the fund in the past 12 months for training and related activities

    Minister of Labour reply:

    The R1.2 billion committed by UIF for the Training Layoff Scheme is specifically for training allowances (stipends) to be paid to the

    employees that have been put on training. The UIF does not fund any training costs to training providers in this scheme.

    and (d) to whom were these payments made?

    Minister of Labour reply:

    As the UIF did not make payment for any training cost, no training providers were appointed and paid by the UIF.

    Reply received: August 2014

    QUESTION 921

    921. Mr I M Ollis (DA) to ask the Minister of Labour:

    (1) Whether a certain person (name and details furnished) is still employed by her department; if so, (a) what is the specified person paid per month, (b) what is the status of the specified person and (c) what is the status of any investigation(s) into the specified person;

    (2) whether the specified person is currently on suspension; if so, how long has the specified person been on suspension? NW1014E

    The Minister of Labour reply:

    (1) Yes he is still employed by the Department.

    (a) He is on precautionary suspension pending the finalization of the disciplinary processes which are monitored by the Public Service Commission

    (b) The investigation has been finalized and the disciplinary hearing is on-going.

    (2) He has been on suspension for two years and nine months.

    Reply received: August 2014

    QUESTION 908

    908. Mr I M Ollis (DA) to ask the Minister of Labour:

    Question (1) (a) What are the contents of the special audit investigation into Nedlac in the 2011-12 financial year/

    Minister of Labour reply:

    The report identified irregular expenditure and pointed to systemic weaknesses including, inadequate oversight, major policy gaps and poor financial controls as major contributory factors. It recommended that urgent attention be given to strengthening NEDLAC's financial governance, policy environment and systems and controls. Significant progress has been made thus far in addressing these systemic issues.

    Question (b) when will she release the report into this audit?

    Minister of Labour reply:

    This decision will be taken at the conclusion of all processes pertinent to

    audit in question.

    Reply received: November 2014

    QUESTION 865

    865.Mr A P van der Westhuizen (DA) to ask the Minister of Labour:

    (1) For each of the past three financial years, how many farms, where people benefitted from land restitution projects of the Department of Rural Development and Land Reform, have been visited by her department in order to assist emerging farmers to comply with labour legislation and labour regulations;

    The minister of labour responds:

    (1) When the inspectors conduct inspection they do not make a distinction on whether a farmer benefitted from the Land Restitution Program or not. The inspectors have, as part of their responsibility, a duty to educate both the employers and employees irrespective of the type or nature of the ownership of such a business or entity.

    Reply received: August 2014

    QUESTION 812

    812. Mr D America (DA) to ask the Minister of Labour:

    (1) Whether (a) she, (b) the Deputy Minister, (c) the Director-General or (d) any of her staff (i) attended, (ii) accepted an invitation and/or (iii) received tickets to the 2014 Soccer World Cup in their official capacity; if so, what are the relevant details including the (aa)(aaa) names and (bbb) positions of those who attended and (bb) breakdown of the amounts spent by her department on (aaa) travel, (bbb) accommodation, (ccc) entertainment and (ddd) any further specified expenses;

    (2) what is the breakdown of the amount spent by her department or any persons accompanying (a) her, (b) the Deputy Minister, (c) the Director-General or (d) any of her staff to attend the 2014 Soccer World Cup including (i) travel, (ii) accommodation, (iii) entertainment and (iv) any further costs? NW899E

    Minister of Labour reply:

    There were no invitation and/or tickets.

    Reply received: August 2014

    QUESTION 763

    763: Mr D America (DA) to ask the Minister of Labour:

    (a) How many (i) judgments and (ii) court orders were made against her department in the (aa) 2010-11, (bb) 2011-12, (cc) 2012-13 and (dd) 2013-14 financial years and (b) in each case, (i) how many of these (aa) were implemented and (bb) await implementation by her department and (ii) what was the nature of the (aa) judgment and/or (bb) court order?

    NW850E

    The Minister of Labour of responded:

    (a) (i) The following Judgements and court orders were made AGAINST the Department of Labour excluding its entities:

    (aa) One(1) during 2010/11

    (bb) One (1) during 2011/12

    (cc) Nothing (0) during 2012/13

    (dd) Two (2) during 2013/4

    (b) (i) (aa) Three(3) judgments were implemented and

    (bb) One(1) is still pending.

    (ii)(aa) 1. During 2010/11 and 2013/14 respectively the Labour Court ordered reinstatement of two (02) employees who were dismissed for misconduct.

    2. During 2013/14 the Labour Court set aside the Chief Inspector's decision to set aside a prohibition Notice. It was then followed by an urgent application prohibiting the Department of Labour from occupying the Labour Centre in Johannesburg pending the finalization of the Appeal.

    3. During 2011/12 the judgment was to upgrade officials salaries.

    Reply received: August 2014

    QUESTION 729

    729. Mr I M Ollis (DA) to ask the Minister of Labour:

    Has her department implemented adequate information technology (IT) systems required by the Compensation Fund; if not, why not; if so, (a) what was the cost of the system, (b) at what cost was the system implemented, (c) what time frame was there between the contract being concluded and the implementation of this system and (d) what was the projected date of implementation of this IT system? NW813E

    Minister of Labour reply:

    The Compensation Fund has not implemented any information technology system. The only systems implemented were implemented in 2011 and that related to the SAP systems which included SAP Integrated claims Management, SAP Financial Management systems.

    (a) (b) This was contracted for as part of the Siemens PPP contract which covered the whole department of the labour and entities.

    (c) These System were implemented immediately November 2011 after it were handed over by the contractor

    (d) These Systems are still operational and will be replaced in due course.

    Reply received: October 2014

    QUESTION 725

    725.Mr I M Ollis (DA) to ask the Minister of Labour:

    (1) Whether her department has entered into any contract with a certain company (name furnished) in the past three financial years; if so, what is the value of any such contracts between her department and the specified company;

    (2) Whether any other companies bid for this contract; if not, why not; if so, which companies;

    (3) whether there is any conflict of interest by virtue of her being related to any senior employee at the specified company; if not, has this been confirmed by any investigation made by her department into the employees of the specified company; if so, (a) to whom is she related and (b) what is their position(s) at the specified company? NW809E

    Answers:

    (1) (a) Yes, the Department of Labour had entered into a contract with Accenture in 2011, (b) R 45,625,404.39

    (2) (a) Accenture was the preferred service provider and a request for a deviation from the normal bid procurement procedure was approved.

    (3) No

    Reply received: October 2014

    QUESTION 623

    623. Mr I M Ollis to ask the Minister of Labour:

    (1)How many (a) international and (b) domestic hotel bookings were made by (i) her ,(ii) her predecessors and (iii) department officials attending (aa) workshops, (bb) seminars, (cc) oversight visits or (dd) any other relevant meetings of the portfolio committee in Parliament from 1 April 2013 up to the latest specified date for information is available;

    (2).In respect of each specified booking, what was the (a) date, (b) name of the hotel, (c) number of delegates, (d) cost of the hotel booking for each delegate and (e) the nature of the relevant portfoil business dealt with?

    The Minister of Labour Replied.

    1. The nature of the Department of Labour's work is such that officials at National Provincial level have to travel to various communities to assist our Labour Centres in addressing various service delivery issues. This therefore means that on a daily basis, they have to travel and be accommodated in a hotel overnight where it is not possible to return to their areas of residence overnight. These information volumes containing travel and accommodation bookings has been made available to the Auditor-General and the audited Annual Report for the said period will be tabled to Parliament not later than September 2014.

    Reply received: August 2014

    Question 430

    430. Mr. A P van der Westhuizen (DA) to ask the Minister of Labour:

    (1) With reference to the her reply to question 3358 on 14 December 2012, (a) what were the (i) findings and (ii) recommended actions contained in the forensic audit report of the audit committee of the National Economic Development and Labour Council (NEDLAC) and (b) what were the amounts involved;

    (2) whether any disciplinary actions were taken against any persons named in the report; if not, why not; if so, what were the relevant details;

    (3) did the report recommend that any findings be reported to the SA Police Service; if so, (a) was this done and (b) what (i) is the case number and (ii) are the further relevant details? NW512E

    The Minister of Labour reply:

    The report identified irregular expenditure and pointed to systemic weaknesses including, inadequate oversight, major policy gaps and poor financial controls as major contributory factors. It recommended that urgent attention be given to strengthening NEDLAC's financial governance, policy environment and systems and controls. Significant progress has been made thus far in addressing these systemic issues.

    Further findings and actions relating to allegations of irregular expenditure against specific individuals are still under consideration by the Minister as the Executive Authority of the Institution concerned. The individuals that are fingered in the report of wrong-doing have been asked to comment on the allegations before the Minister could take a view on the matter.

    Reply received: July 2014

    Question 430

    430. Mr A P van der Westhuizen (DA) to ask the Minister of Labour:

    (1) With reference to the her reply to question 3358 on 14 December 2012, (a) what were the (i) findings and (ii) recommended actions contained in the forensic audit report of the audit committee of the National Economic Development and Labour Council (NEDLAC) and (b) what were the amounts involved;

    (2) whether any disciplinary actions were taken against any persons named in the report; if not, why not; if so, what were the relevant details;

    (3) did the report recommend that any findings be reported to the SA Police Service; if so, (a) was this done and (b) what (i) is the case number and (ii) are the further relevant details? NW512E

    The Minister of Labour reply:

    (1) The report identified a number of systemic weaknesses including, inadequate oversight, major policy gaps and poor financial controls as major contributory factors. It recommended that urgent attention be given to strengthening NEDLAC's financial governance, policy environment and systems and controls. Significant progress has been made thus far in addressing these systemic issues. Further findings and actions relating to specific individual are still under consideration by the NEDLAC Executive Council. For the three year period under investigation an amount of 7,6 million rand was estimated as irregular expenditure of this an amount of 1,9 million rand was estimated as possibly misappropriated and potentially recoverable.

    (2) The former CFO was placed on cautionary suspension on the 17th of November 2011 but subsequently resigned. Other persons named in the report, who may have been subject to disciplinary action,were no longer in the entity's employment at the time of the investigation.

    (3) This matter is still under consideration by the NEDLAC Executive Council and the Executive Authority will thereafter take a decision on the course of action to be taken.

    Reply received: October 2014

    QUESTION 420

    420. Ms D Kohler (DA) to ask the Minister of Labour

    1.Whether the educational requirements for appointment as director-general in her department have changed in the five past financial years; if so, how have they changed?

    The Minister of Labour Replied

    1.The Department advertised the position of Director-General in terms of the Public Service Act and Regulations.

    Reply received: March 2014

    QUESTION NO:380

    380. Mr D A Kganare (Cope) to ask the Minister of Labour:

    (1) Whether she has a record of how many labour strikes took place in 2013; if not, why not; if so, how many of these (a) were and (b) were not procedural strikes;

    (2) how many of these strikes were resolved through the intervention of the Commission for Conciliation, Mediation and Arbitration (CCMA)? NW434E

    Minister of Labour reply:

    My Department maintains a database of calendar year annual strike statistics database. The January to December 2013 labour strikes statistics will be finalised end of May 2014. The report will contain the numbers of strikes that were procedural or not including the entities involved in the resolution.

    Amongst the reasons why the report is not immediately available after the calendar year end is the compilation and finalisation process. This process includes identification of strikes through various channels that includes the media, internet and newspapers on daily basis. Allocated staff following up with the affected companies in order to complete strike information on the LRA 9.2 FORM that is submitted within 7 days after the strike is concluded.

    For information on previous year published reports, honourable members can download them from the department website (www.labour.gov.za).

    Reply received: April 2014

    QUESTION 350

    350. Mr T D Harris (DA) to ask the Minister of Labour:

    (1) Whether she has found that her department's website is working properly for the registration of employees with the Unemployment Insurance Fund (UIF); if not, (a) how does she intend to remedy the situation and (b) in what time frame; if so, how does she explain the fact that (i) it is currently impossible to register with the UIF online or by telephone and (ii) Form UI-19 (details furnished) is sometimes not available for download;

    (2) (a) how many domestic workers (i) are currently registered with the UIF and (ii)were registered with the UIF in the past 12 months and (b) what is her estimate for the number of domestic workers who should be registered with the UIF, but who are not? NW403E

    Minister of Labour reply:

    1. Yes, the Department's ufiling system allows for registration of employees on the website and is working fairly well.

    a. Not applicable. The system is working properly

    b. Not applicable. The system is working properly, and UIF is currently enhancing the system further to make service delivery even more easier

    i. Employers can only register with the UIF by submitting their registration details at any of the 125 Labour Centres or sending them directly to the UIF Head Office. Once an employer is registered, he/she can create his/her profile on the ufiling website and can then register his/her employees.

    ii. The UI-19 is available on the Department to Labour's website for those employers who do not wish to utilise the ufiling system.

    2. (a). As at 28 February 2014, there were 661,658 domestic workers registered with the UIF. (b) In the past 12 months the UIF registered 8,492 domestic workers. (c) UIF does not keep these statistics, however the current compliance levels with regard to registration of domestic employers indicate that majority of employees are registered. The Department's Inspection and Enforcement Services continues to monitor and enforce compliance to all labour laws including the UIF legislation.

    Reply received: August 2014

    344. Mr I M Ollis (DA) to ask the Minister of Labour:

    (1) What are the details of all flowers purchased by her department for each year between 1 April 2009 up to the latest specified date for which information is available;

    (2) what are the details of (a)(i) the address and (ii) the name of the office where the specified flowers were displayed, (b) for whose benefit were the flowers purchased and (c) what was the purchase value of the flowers for each office where it was displayed;

    (3) in respect of flowers purchased for individuals, (a) what is the (i) name and (ii) relationship of the person to (aa) her and (bb) the Ministry and (b) what is the cost of each purchase;

    (4) what are the details of any (a) contractual arrangements and (b) plans to purchase flowers in the future? NW426E

    Minister of Labour reply:

    The Department of Labour does not own pot plants. In offices where there are pot plants, those plants are owned and maintained by the Department of Public Works.

    Reply received: April 2014

    QUESTION 316

    316. Mr R B Bhoola (MF) to ask the Minister of Labour

    Whether the inequalities in society and the rising cost of living are taken into consideration with the restructuring of unskilled personnel in the mining industry, as it is estimated that each miner has between 7 and 12 dependents? NW369E

    Minister of Labour to reply

    When companies intent to restructure, there are three pieces of legislation that are critical for consideration, and that is the Labour Relations Act; the Employment Equity Act; and the Skills Development Act. The Labour Relations Act dictates to employers to consult trade unions or employees who will be affected by restructuring if there are no trade unions. The intention is to ensure that the process of restructuring is fair and if there are any job losses, they should be minimal as possibly.

    Premised on the employment equity legislation, employers should ensure that the process of restructuring does not reverse the gains made for the purpose of advancing previously disadvantaged groups in addressing the past imbalance. The Skills Development Act is also critical, the issues of skills are of paramount important to the profitability of business. But also of paramount importance is the training of employees who were previously disadvantaged so that they should be retained and respond to business needs when the employer considers restructuring.

    Reply received: July 2014

    QUESTION 311

    311. Mr I M Ollis (DA) to ask the Minister of Labour:

    (1) What are the details of office furniture ordered and or purchased for the use of her and/or her staff since 1 May 2014;

    (2) in respect of each piece of furniture, (a) what is the description, (b) what is the breakdown of the costs, (c) where will each piece of furniture be used and (d) who will use each piece of furniture;

    (3) what are the details of furniture disposed of;

    (4) in respect of each piece of furniture disposed of, (a) what is the description, (b) original purchase costs and (c) on what date was it purchased;

    (5) (a) how was this furniture disposed of, (b) what disposal method was used, (c) what is the name and contact details of person/s to whom it was disposed and (d) at what price was it disposed of? NW392E

    Minister of Labour reply:

    The Ministry of Labour has not ordered and or purchased any furniture for her use and/or her staff during the period in question.

    The Ministry of Labour has not disposed of any furniture during the period in question.

    Reply received: July 2014

    QUESTION 277

    277. Mr I M Ollis (DA) to ask the Minister of Labour:

    (1) What are the details of motor vehicles ordered and/or purchased for her use since May 2014;

    (2) (a) what is the (i) make, (ii) model, (iii) total cost and (iv) breakdown of the cost of each motor vehicle and (b) where will each motor vehicle normally be stationed? NW357E

    Minister of Labour reply:

    (1)

    There are no new vehicles ordered or purchased for the Minister for the period in question.

    Noting however, that in May 2014 the President of the Republic appointed a Deputy Minister for the Department and as such a process of purchasing vehicles for the newly appointed Deputy Minister, in line with the relevant prescripts, has commenced.

    (2)

    The questions in paragraph (2) are ill-timed at this stage.

    Reply received: March 2014

    QUESTION NO: 216

    216. Mr A P van der Westhuizen (DA) to ask the Minister of Labour:

    (1) (a) What are the reasons for the former Director-General of her department (name furnished) vacating his post and (b) in what position is he currently serving;

    (2) are any internal steps being taken which will determine the future of the said person in the public service; if so, (a) what are the relevant details and (b) when can the outcome of these steps be expected;

    (3) what steps are being taken to ensure that the said person's abilities are, in the interim and while he is still employed, being fully utilised and that the interests of taxpayers are best served;

    (4) has a request for the payment of a severance package for the said person been received and considered; if so, (a) for what amount, (b) what was the response and (c) why was this response considered the best option? NW265E

    Minister of Labour reply:

    1. My answer to the same matter on question NO.234E by Honourable Mr A P van der Westhuizen (DA) refers.

    2. The Director General of the Department has been seconded to the Department of Public Service and Administration and has been assigned to a special project that is in line with his skills and level without any loss of his benefits.

    Reply received: August 2014

    PARLIAMENTARY QUESTION 187 NW357E

    187: Ms Z Jongbloed (DA) to ask the Minister of Labour:

    (1) What are the details of all the cost of the maintenance of the pot plants in her (a) departmental offices and (b) official residence (i) in the (aa) 2009-10, (bb) 2010-11, (cc) 2011-12, (dd) 2012-13 and (ee) 2013-14 financial years and (ii) since 1 April 2014.

    (2) In respect of the pot plant maintenance, (a) what is the (i) address and (ii) name of the office where they were/ are displayed, (b) for whose benefit are these pot plants, (c) what was/ is the value of maintenance for each office and (d) what are the details of any contracts and/ or plans for the maintenance of these pot plants in the future?

    NW236E

    Minister of Labour's Response:

    (1) The Department of Labour does not own pot plants in the Ministerial offices and residences and as such has not incurred any costs. Pot plants that exist at offices and residences are owned and maintained by the Department of Public Works.

    (2) Not applicable

    Reply received: March 2014

    QUESTION 173

    173. Mrs A T Lovemore (DA) to ask the Minister of Labour:

    (1) Whether her department actively enforces the requirements of the Occupational Health and Safety Act, Act 85 of 1993, and of the regulations promulgated in terms of this Act in schools; if not, why not; if so, what are the relevant details, including (a) details of inspections carried out and (b) action taken to correct noncompliance;

    The Minister of Labour reply:

    The Department enforces the Occupational Health and Safety Act in schools:

    a. A great deal of preventative work is being done in provinces with the removal of Asbestos during the renovation of schools. This is done in the planning stages of the renovation process so that the asbestos removal exercise is done under controlled circumstances and by a registered asbestos remover.

    Province

    Number of Schools inspected

    Major incidences

    Outcome

    Gauteng

    31

    Electrical certificate of compliance;

    First Aid Box;

    Housekeeping;

    Servicing of fire- fighting equipment.

    Contravention notices

    Prohibition notices

    Improvement notices

    Western Cape

    1

    Asbestos removed by a non authorized person

    Prohibition notice. Asbestos removal work stopped

    Northern Cape

    3

    3 Prohibition notices issued

    KwaZulu Natal

    183

    Asbestos work

    Absence of Health and Safety committee and competent First Aider

    Inadequate suitable firefighting equipment

    Compliance orders (125)

    Contravention notices (72)

    Improvement Notices (12)

    Prohibition Notices (17)

    North West

    12

    Asbestos work

    Absence of Health and Safety committee and competent First Aider

    Inadequate suitable firefighting equipment

    Prohibition notices served

    Improvement notices

    Correction notices

    Eastern Cape

    1

    Electrocution (fatality)

    Matter continuing

    b. In the instance where inspections are conducted as well as where there are reactive inspections done, all instances of non compliance are dealt with in terms of the Act:

    QUESTION 2

    (2) (a) whether her department was officially informed by the Limpopo Department of Education of the death of Michael Komape after he fell into a pit toilet and (b) has her department launched an investigation into the causes of his death; if not, why not; if so, what are the relevant details of the investigation;

    The Minister of Labour reply:

    The Department was not officially informed of the death of Michael Komape. No investigation was conducted.

    QUESTION 3

    (a) whether her department was officially informed by the Mpumalanga Department of Education of the injury of a pupil of Mjembeni Primary School in Nkomazi in 2013, caused by a water tank falling on him and

    (b) has her department launched an investigation into the causes of his injury; if not, why not; if so, what are the details of the investigation carried out into the causes of the injury;

    The Minister of Labour reply:

    The Department of Labour was not informed of the incident at Mjembeni Primary School. The Department of Labour however has initiated an investigation into the matter. As soon as the investigation has been concluded a report will be provided if so required.

    QUESTION 4

    (4) whether her department (a) has investigated or (b) is currently investigating the causes of any other injuries or deaths at schools over the past three financial years; if not, why not; if so, what are the relevant details;

    The Minister of Labour reply:

    There are a number of investigations being conducted at schools where instances of injury or fatalities occurred.

    Incident investigations were conducted at Laerskool Kwaggasrand, and Botlhehadi Primary School.

    a) A fatality was investigated ( child was run over by a lawn mower) at Dikgabane Primary School and the matter is still under investigation

    QUESTION 5

    (5) has her department ever (a) held any person accountable for negligence leading to an injury or death at a school or a school event or (b) criminally charged any such person since 11 May 2009; if not, why not; if so, what are the relevant details? NW179E

    The Minister of Labour reply:

    Revamping Work at a primary School in Athlone was stopped when an inspector of the Department of Labour issued a prohibition notice. The revamping work includes inter alia the removal of asbestos. All work relating to the removal of asbestos has been stopped. The primary reason is that he contractor is not registered as an asbestos remover by the Department. We are awaiting the contractor's response and submit his proof of appointment as an asbestos remover. This matter will be taken further

    Reply received: October 2014

    QUESTION 153

    153. Greyling (DA) to ask the Minister of Labour:

    (1) What are the details of all expenditure that was found to have been (a) irregular and (b) wasteful in her department for each year from 1 April 2009 up to the latest specified date for which information is available;

    (2) in respect of each such finding of (a) irregular and (b) wasteful expenditure, (i) what (aa) is the description thereof, (bb) is the value thereof and (cc) action has been taken against the persons accountable thereof and (ii) how much thereof (aa) has been recovered and (bb) from whom? NW166E

    Minister of Labour reply:

    This information will be contained in the Auditor General's report which forms part of the Audited Annual Reports of the Department and the latest information on these matters will be tabled in Parliament when the Department presents its annual report.

    Reply received: July 2014

    QUESTION 121

    121. Mr E J Marais (DA) to ask the Minister of Labour:

    (1) What are the details of official credit cards issued to (a) her and/or (b) her staff;

    (2) in respect of each credit card, (a) what is the (i) name and (ii) organogram position of the user, (b) what is the (i) maximum permissible value of each purchase and (ii) total credit limit of the card, (c) what are the details of permissible purchases for which the credit cards may be used and (d) may alcoholic beverages be purchased;

    (3) in respect of purchases made with each credit card during the period 8 May 2014 and/or thereafter up to the latest specified date for which information is available, (a) what is the (i) name and (ii) organogram position of the user, (b) what is the (i) value of each purchase made, (ii) what are the details of each item purchased and (iii) for what purpose was each purchase made and (c) were any alcoholic beverages purchased; if so, (i) what are the (aa) details and (bb) value of these purchases and (ii) for what purpose was each purchase made? NW131E

    (4)

    Minister of Labour reply:

    1. (a) The Minister of Labour has not been issued with an official credit card.

    (b) No staff serving the Minister has been issued with official credit cards.

    2. Not applicable.

    3. Not applicable.

    Reply received: November 2014

    QUESTION 88

    88. Mr A M Figlan (DA) to ask the Minister of Labour:

    (1) How many (a) international and (b) domestic flights were undertaken bi (i) her and (ii) her predecessors using (aa) aircraft operated by the military, (bb) aircraft chartered by the military or (cc) commercial aircraft during the period 1 April 2013 up to the latest specified date for information is available;

    (2) in respect of each specified flight, what was the (a)(i) date and (ii) place of (aa) departure and (bb) arrival and (b) (i) total cost and (ii) breaf down of such costs? NW96E

    The Minister of Labour Reply:

    There are Annual Reports that are presented to Parliament on 30 September each year, the Honourable Member can consult Departmental Annual Report which has been presented to the Portfolio Committee on Labour.

    Reply received: July 2014

    QUESTION 10

    10. Rev KRJ Meshoe (ACDP) to ask the Minister of Labour:

    Whether there is any notable evidence that both platinum producers and the AMCU union have been negotiating in good faith as they attempt to resolve the five month strike that threatens to pull our economy into recession?

    If yes, which offer did platinum producers make in the beginning of the negotiation that they have now improved on, and what salary demands did AMCU make at the beginning of the strike that they have amended?

    If not, what is government doing to ensure that the two parties are negotiating in good faith? NW14E

    Minister of Labour reply:

    The question has been overtaken by events in that the wage dispute in the Platinum sector has been resolved and workers are back at work. Unless if the Honourable Meshoe insist on a comprehensive reply notwithstanding this fact.