Employment Equity Amendment Bill: finalisation

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Employment and Labour

25 August 2021
Chairperson: Ms M Dunjwa (ANC)
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Meeting Summary

Tabled Committee Reports
ATC210708: Report of the Portfolio Committee on Employment and Labour on the Public Hearings held on the Employment Equity Amendment Bill, Dated 7 July 2021

In this virtual meeting, the Committee considered the Employment Equity Amendment Bill clause-by-clause with the assistance of the Parliamentary Legal Advisor. The Committee also considered the Report of the Portfolio Committee on Employment and Labour on the Employment Equity Amendment Bill.

The Committee adopted the B-version of the bill as well as the accompanying report. The Democratic Alliance and Freedom Front Plus rejected Clauses 1, 4 to 13 and 16. The Democratic Alliance objected to both the Bill and the Report. A member from the DA described the Bill as ‘social engineering at its worst’. The Freedom Front Plus objected to both the Bill and the Report.

The report will be sent to the NA House for consideration.

Meeting report

The Chairperson said that the Committee was in the final leg of ‘cleaning up’ the Employment Equity Amendment Bill. The Committee would go through the Bill clause-by-clause, line-by-line so that everything was in the Bill as had been agreed. The Committee would be led by the legal advisor who had been dealing with Bill. The Committee was also supposed to be dealing with the Compensation for Occupational Injuries and Diseases (COIDA) Bill but unfortunately Adv Nathi Mjenxane would not be able to attend the meeting. She had decided to not get in someone who had not been journeying with the Committee and the deliberations on the Bill. The Committee would have to reschedule COIDA for next week when Adv Mjenxane would be available. The Committee would identify a time and date. Today the Committee would be dealing with the Employment Equity Amendment Bill.

The Chairperson noted that the Whip had been redeployed. She was now the Deputy Minister of the Department of Mineral Resources and Energy. The Committee welcomed the appointment. The Chairperson knew that she would be equal to the task and wished her well. As a result, the Committee was joined by an alternate member.

The Chairperson noted that it was a very difficult period and hoped that the members were staying safe and adhering to all the protocols. All the members were now in the age group for getting the vaccine. The Chairperson would be receiving her vaccination in the afternoon after the meeting. She hoped that communities and families were going to acknowledged and accept that Covid-19 was real. There were many theories out there. People had a democratic right because South Africa was a constitutional democracy. It was important for individuals to protect themselves and by doing that they would be protecting other people. She encouraged members to take the vaccine. The members were to lead by example in the face of the conspiracies that were out there. All parties had been busy this weekend in preparation for local government elections. She also hoped that in that space parties were going to take care so that when 27 October came everyone was ready within the protocols of the Covid-19 regulations. She welcomed everybody to the meeting. She asked the Committee Secretary to read through the apologies.

Mr Zolani Sakasa, Committee Secretary, noted the apologies of the members. The Minister and Deputy Minister would not be attending the meeting as they had other engagements.

The Chairperson asked who was present in the meeting from the Department?

Mr Thembinkosi Mkalipi, Chief Director: Labour Relations for the Department of Employment and Labour, introduced himself and another colleague from the Department.

The Chairperson said that Ms Isaac would take the Committee through the Bill clause-by-clause. After that the Committee would formally move to adopt the Bill.

Reading of the Employment Equity Amendment Bill [B 14B—2020] clause-by-clause

Ms Sueanne Isaac, Parliamentary Legal Advisor, Parliament’s Constitutional and Legal Services Office, said that the purpose of today’s meeting was for the Committee to consider the Bill for the purposes of adoption. She explained the process. She would go clause-by-clause through the Bill and then it would be put to the members to support or reject it. At the end of the Bill the whole Bill will be put to the Committee for adoption.

The long title of the Bill was ‘To amend the Employment Equity Act, 1998, so as to amend a definition; to insert certain definitions, to substitute a definition and to delete a definition; to provide for the Minister to identify sectoral numerical targets in order to ensure the equitable representation of suitably qualified people from designated groups; to provide criteria for the Minister to issue certificates; and to provide for matters connected therewith’.

Employment Equity Amendment Bill – Adoption of clause 1 - 16

Clause 1

The Committee approved Clause 1. However, the DA and FF+ objected.

Clause 2

The Committee approved Clause 2.

Clause 3

The Committee approved Clause 3.

Clause 4

The Committee approved Clause 4. However, the DA and FF+ objected.

Clause 5

The Committee approved Clause 5. However, the DA and FF+ objected.

Clause 6

The Committee approved Clause 6. However, the DA and FF+ objected.

Clause 7

The Committee approved Clause 7. However, the DA and FF+ objected.

Clause 8

The Committee approved Clause 8. However, the DA and FF+ objected.

Clause 9

The Committee approved Clause 9. However, the DA and FF+ objected.

Clause 10

The Committee approved Clause 10. However, the DA and FF+ objected.

Clause 11

The Committee approved Clause 11. However, the DA and FF+ objected.

Clause 12

The Committee approved Clause 12. However, the DA and FF+ objected.

Clause 13

The Committee approved Clause 13. However, FF+ objected.

Clause 14

The Committee approved Clause 14.

Clause 15

The Committee approved Clause 15.

Clause 16

The Committee approved Clause 16. However, the DA and FF+ objected.

Adoption of the long title of the Bill

The Committee adopted the long title of the Bill. The FF+ objected.

Adoption of the Employment Equity Amendment Bill [B 14B—2020]

The Committee passed the Employment Equity Amendment Bill without amendments. The DA and FF+ objected.

The Chairperson said that the Committee had come to the completion of their work regarding this Bill. Next week the Committee would be dealing with COIDA. She reminded members that the Committee also had to support a report in this process.

Consideration of the Report of the Portfolio Committee on Employment and Labour on the Employment Equity Amendment Bill [B 14B—2020], dated 25 August 2021

Mr Sakasa read through the Report. Section B of the Report dealt with the minority views expressed in the report. Mr Sakasa asked if the Democratic Alliance and the Freedom Front Plus objected to both the Bill and the Report?

The Democratic Alliance objected to both the Bill and the Report because it was social engineering at its worst.

The Freedom Front Plus objected to both the Bill and the Report.

The Report was adopted with amendments.

The Chairperson thanked Ms Isaac for her work. She had sacrificed her leave for the Committee. The Committee appreciated it. She thanked the members for being patient and for raising their issues whether they were accepting or rejecting which was their democratic right. She thanked the staff for being patient with the Committee. She acknowledged all the guests and everyone who had shown interest in the Bill. The Committee appreciated all oral and written submissions. It was a process that was empowering to both communities and to the members of Parliament. She thanked the Ministry and the Department led by Minister Nxesi and the Director-General for journeying with the Committee. She hoped that the Department had been empowered as the Committee had been empowered.

The chairperson said an amendment of an Act was not a small matter. Members needed to take it very seriously because it spoke to the communities that the members represented. As soon as the Bill is enacted by the President the Committee would conduct oversight on its implementation. The Committee would have to conduct its oversight based on what was being outlined in the Bill. It was an important legislation in the context of transformation in the workplace and generally in the country. The Committee was dealing with transformation and she hoped that members of the Committee, the Department and stakeholders were listening to what was taking place in the hearings in the sporting code of Cricket. What was transpiring there and exposed there took place in the country. The issue of transformation was the most difficult struggle. As public representatives, the members had the responsibility to transform the workplace of the country. By so doing it would transform the country. It was not easy but the members had to. It was not about what individuals or parties wanted. The members had the responsibility of ensuring of coming together and soldiering on for the benefit of the country. What came first was the country and its people. She thanked the members in the meeting. Unfortunately, the Committee would have to wait for Adv Mjenxane who was present in the journey of COIDA. She thanked Mr Mkalipi for being patient with the Committee.

The meeting was adjourned.

 

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