Hon Chairperson, hon Members of Parliament, distinguished guests, ladies and gentlemen, fellow South Africans ...
Ziyalila iinkedama, bayajweda bembhombholoza abahlolokazi, bayangqukruleka abahlolo, bonke bexhalatyiswa kukungaziboni iziphumo zenkululeko esiyikhumbulayo kule nyanga kaTshazimpunzi. Ukuzoba kakuhle oku u-L M S Ngcwabe ku Khala Zome, kumbongo othi: Ingoma yeenkedama:
Ngathi wemka nokonwaba; Namhl'iingxaki yinyhikityha Neenkathazo ngumdolomba Buya mama buya.
Sasikhwaza ngamazwi amakhulu sisithi: Mayibuye i-Afrika! Bayabuza ke abasebenzi beli lizwe, ngakumbi ezifama ... (Translation of isiXhosa paragraphs follows.)
[Orphans are crying, widows are crying out loud, widowers are crying from their hearts; all of them are worried because they do not see the results of freedom which we celebrate in this month of April. Mr L M S Ngcwabe in his anthology of poems "Khala Zome" describes the pain so vividly in the poem entitled Ingoma yeenkedama (The song of orphans):
Ngathi wemka nokonwaba; Namhl'iingxaki yinyhikityha Neenkathazo ngumdolomba Buya mama buya.
We were calling with loud voices saying: Restore Africa to its rightful owners. The workers of this country, more especially farmworkers, are asking ...]
Hon Minister, it's not your fault, but the interpretation seems not to be coming through to the hon members. I have just been made aware of that technical glitch.
Your clock has also already taken 12 minutes off my time. [Interjections.] Therefore you have many faults, Chairperson.
We will take cognisance of those minutes; don't worry, Minister.
We are reliably informed that the interpretation services are operational. I hope hon members will get the right channel. Apologies to you, hon Minister. You can continue with your speech.
UMPHATHISWA WESEBE LEZABASEBENZI: Bayabuza, ngakumbi ezifama, ukuba ide ibuye nini na kubo le Afrika. Isizathu kukuba bona bavuka ngonyezi, baqhuqhe bexhinile bethobele ukukhonza. Betsho ngezo zifutyana zithe ga ngaphandle, benxibe ezo mpahla zingamadlavana, ilanga lithe nka, loo mabunzi ezizithukuthuku. Iinyawo zabo zilele intsente, iintamo zigqolile zixel' ekaxam, izisu zithe nca emqolo yindlala. Batyatyekwa ngezithuko imihla nezolo, balulame, bazole, bangathethi. Anisiva na esi sikhalo nesi simbhonono: Asinamali! Asinamali! Asinamali! (Translation of isiXhosa paragraph follows.)
[The MINISTER OF LABOUR: They are asking, more especially farmworkers, when Africa will be restored to its rightful owners. Their reason is that they wake up in the wee hours of the morning, rush to work being obedient to serve. This they do with their chests out, their worn-out clothes, under the extremely hot sun and their foreheads sweating profusely. Their feet are caked with dirt, their necks resemble those of a leguan and their stomachs are so empty because of hunger. They are being insulted everyday but are still expected to be obedient, calm, and hold their peace. Don't you hear this wailing: We do not have money! We do not have money! We do not have money!]
Such was the cry of the workers in 1957, under the banner of the then South African Congress of Trade Unions, the predecessor to Cosatu: Asinamali [We have no money.] The workers' cry continued:
One pound a day for the factory worker who today cannot buy what he makes. One pound a day for the miner who earns his tuberculosis, and goes home broken, to die. One pound a day for the farm labourer who today ploughs the bitter furrow of misery. One pound a day for the builder of mansions who lives in a shack. A minimum wage of one pound a day for all the workers in the land. One pound a day. Five pounds a week. Asinamali ... though we work and are labelled as workers.
As democrats we have faith in human beings. And here springs our belief that working together as citizens of South Africa we can restore the human dignity of the downtrodden in this land of our forebears.
Hon members, today I have not come to lament the economic crisis whose root causes have neither been foreseen nor fathomed by scholars and those who occupy the corridors of political power the world over. Today I have not come to talk about freedom sans emancipation - a phenomenon that is beginning to loom large in the present world that we live in. Nor have I come to talk about the tragedy of colour zoning that continues to mar every aspect of life in our society. I have not come to talk about the assassins who stand in dark corners sharpening daggers, ready to take human life, including those of their own brothers and sisters. In short, I have not come to talk about the society we are fast becoming, a society of decadence.
Today I have come to talk about those who go to sleep with an empty stomach and go barefoot while others around them are exaggeratingly rich. Today I have come to talk about those of our own who are less fortunate. Today I have come to restate the clarion call that working together we can restore the human dignity of all those who have been deprived of this basic human right.
Decent work remains a dream, a dream that we must strive to fulfil. How can we not strive for decent work when over 800 000 jobs were lost last year alone largely owing to the global economic meltdown. How can we rest when unemployment levels rose to the highest levels in five years? Even among those workers who remain in employment, many are in temporary and casual jobs. Many workers feel caught in a race to the bottom and believe that the current period is exerting downward pressure on working conditions and labour standards. The bargaining strength of labour is being weakened.
Informal jobs in all industries are on the rise, except mining, utilities and trade. How can decent work be achieved if fundamental principles and rights at work are not respected; employment and income opportunities for women are not created; social protection is not extended to all workers; social dialogue is not promoted and institutionalised; and basic human rights at work are not promoted?
How can we not strive for decent work when farmworkers are exposed to hazardous pesticides; farmworkers are not allowed to enjoy the right to freedom of association; and farmworkers are not allowed to form and join trade unions? Workers do not enjoy the right to fair labour practices, and casual workers are suffering employment insecurity and are denied benefits. These developments cannot be left unattended, for our people are restless. People are very angry. People are demanding services from government. They are demanding better quality jobs from employers. They are demanding protection and defence of their bread-and-butter issues from trade unions. The cry "Asinamali" is becoming louder and louder. With increasingly nothing to lose, our people call on all of us to make South Africa a better place to live and work in.
I have said many times before that when the ladder which we are all climbing starts to be shaken, what will matter will no longer be who is on top, but how each one of us hits the ground. Let us not wait for the ladder to shake, but work together to improve the conditions of our people.
One of the critical pillars of our policy interventions is the enforcement of labour laws. It does not matter how good a piece of legislation passed by this House is, if it is not complied with, we are all engaged in a futile exercise. We are not in the habit of settling for futility. In fact, we have started acting in the most befitting manner to address compliance.
To this end, we started revamping our inspectorate into a specialised body of professionals. When this process reaches completion, our inspectors will comprise generalists, specialists and experts. In the course of 2009 we established a national roving team made up of 47 inspectors. The team has the agility to move from province to province within a short space of time and do inspections in different sectors. We have branded them "inspectors without boundaries".
In preparation for this work, the team went through an intensive training programme which encompassed all aspects of the legislation administered by the department. We trained 30 inspectors to specifically focus on the director-general reviews in terms of employment equity. We have narrowed the space for noncompliance in the area of the Unemployment Insurance Fund, UIF, by appointing a team of experts to focus on payroll audits. This will, among other things, ensure that UIF revenue streams are enhanced while compliance, equally, is upheld.
The improved quality of work of our inspectorate enables the department to know facts about the state of compliance. It also enhances our ability to plan better for the future. With confidence we can say that daily and blitz inspections conducted during the year 2009 took our inspectors to 108 961 workplaces. At face value, the levels of noncompliance are alarming; yet the reality drawn from our inspection data shows that 80% of the workplaces visited do comply. Equally important is to note that incidents in the high- risk areas were reduced by 63% from the figures of the previous year. On the basis of statistics from the Compensation Fund and the Federated Employers Mutual Association, we were able to determine that high-risk sectors that include iron, steel, construction and the chemical industries have a combined accident cost value to the economy of R2 billion.
On our agenda for 2010, we have made the implementation of employment services in South Africa a strategic intervention to integrate active labour-market measures, inclusive of job placement services, job search training, career guidance and skills development. When the employment services' potential has been fully unleashed, it will have links with the UIF, the Compensation Fund and the public works programmes. May I say that this is not in the far distant future. As we speak, 47 career counsellors have been deployed at some of our labour centres, and a total of 41 210 people have benefited from their guidance services and career information.
The employment services' IT system has been rolled out to all 125 labour centres. As at the end of December 2009, a total of 476 006 workseekers were registered on the Employment Services of SA, Essa, system and a total of 21 074 job opportunities were registered on the same system. Using the job matching services of Essa, the first 6 845 job opportunities were filled. This is a taste of the good things to come. We are beginning to call the unemployed "baye kwaLabour" [... to go to the Department of Labour.]
We are aware of the complexity and the magnitude of the work that still needs to be done, but we are equally convinced that no single entity, acting in isolation, will be able to deal with the problems of unemployment and poverty in South Africa.
It is in this context that our approach is to embrace strategic partnerships that cut across political mandates, partnerships that embrace collaboration with private sector and nongovernmental organisations. For this to succeed, we must be bold enough to put aside those who draw satisfaction out of paper pushing, and give responsibility to those who have a burning desire to restore the human dignity of all the people of our country.
Hon Chairperson, allow me to refer to skills development, a function that now resides with the sister Department of Higher Education and Training. Up until 31 October 2009, when skills development was transferred to the Department of Higher Education and Training, a total of 10 885 learners, against a target of 18 902, were registered in various artisan trades. More than 75 300 workers registered during the previous year and completed training in scarce and critical skills through learnerships, apprenticeships and other learning programmes. During the same period, a total of 39 207 unemployed people, against a target of 26 000, were assisted through the National Skills Fund to enter learning programmes.
What we have learnt in the past decade of administering the Skills Development Act is that there is a huge potential to create employment for those who have gone through training. Our mistake is to focus on employment at the expense of self-employment. Entrepreneurial awareness is vital in this regard.
In line with the ANC government call to focus on rural development, there is a window of opportunity for us, working together, to open wide any door left ajar. This would allow our rural communities to start co-operatives and other rural enterprises suitable for their environment. Often, those who complete their training become stranded with skills as they have no employer to engage them. On the other hand, they get no support to start businesses. This is where South Africa has dismally failed to conquer unemployment and poverty.
Through the envisaged partnerships when learners complete their training, exit strategies should include the possibility of creating self-employment vehicles which will be supported with the necessary resources for a given period of time to ensure sustainability. The Gauteng pilot project, to which I will refer later, will assist us to test new ideas. It will also assist us to learn more as we brave our way through the unknown in search of new pathways to contain unemployment and poverty.
In the past year ending February 2010, there were 158 000 more contributors on the database of the Unemployment Insurance Fund as compared to the end of March 2009. The difference amounted to 7,7 million workers. However, the Unemployment Insurance Fund paid benefits to 746 352 beneficiaries in the total amount of R5,3 billion - a 71% increase in unemployment benefit payments compared to the previous year. This is a clear indication of the impact of the current economic crisis and the job losses of the past year, as indicated earlier.
Furthermore, in the coming year my Ministry intends to improve the benefits from eight to 12 months. We also intend to consider the inclusion of public servants in the Unemployment Insurance Fund, hoping that the hon members will support those Bills when they come before Parliament.
We have also committed to saving jobs and finding alternative employment pathways for those workers who are unfortunate enough to be retrenched. Working together with our social partners through Nedlac, we have put in place a training lay-off scheme. The training lay-off scheme was launched jointly last September with the Commission for Conciliation, Mediation and Arbitration, the CCMA. The Unemployment Insurance Fund and the National Skills Fund jointly committed funds for the scheme in the amount of R2,4 billion. The UIF alone contributed more than R670 million for the training of the unemployed, R40 million of which has been allocated for 2009-10, R200 million for 2010-11, R210 million for 2011-12 and R219 million for 2012-13.
The UIF has also allocated a sum of R2 billion to the Industrial Development Corporation to enable it to assist companies in distress. As of March 2010, my department had concluded four training lay-off agreements covering 2 100 workers in the engineering, auto and mining sectors. We will need to do more if we are to cover the 800 000 more workers who lost their jobs in the past year. We need both business and labour in this regard.
The Department of Labour also adopted some short-term measures to lessen the impact of the global economic crisis. We initiated a pilot project in Gauteng to test the concept of retraining the retrenched workers that were receiving Unemployment Insurance Fund benefits, including those who have exhausted their UIF credits for alternative employment.
The learners were enrolled as from 1 April 2009 in different accelerated artisan training programmes lasting between eight and 18 months. These learners were registered with the Merseta - the Manufacturing, Engineering and Related Services Sector Education Training Authority - and the Construction Seta. The project is going well. I personally conducted an inspection of the project on 5 March 2010. Government departments, such as the Gauteng department of local government and the Gauteng department of infrastructure development, and companies such as Bytes Technology, Direct Channel Holdings, Munich Basson and da Gama, Super Group, Unitrans and Imperial Logistics are providing work experience opportunities to these learners and have also guaranteed them full employment on completion.
Since 2004, we have conducted a lot of research into the labour market in an attempt to better understand and increasingly appreciate the evolving labour market trends in the country. In the year of action, more research is not required. We now know from the research conducted by Jan Theron that their analysis "confirms the earlier findings about the application of the legislation concerning unfair dismissals to the temporary employment services situation".
The conceptual problems that were identified can be categorised as follows: the difficulty in identifying the correct employer, the related difficulty of identifying the correct procedure, the difficulty in defining dismissal, and the difficulty in determining the reason for dismissal. We also know from research conducted by the Sociology of Work programme at Wits University that their report proposes:
... the outlawing of this labour broking phenomenon. The workers are calling. Since 1957 they continue to chant:
More food to eat, clothes, warmth. A little light in the deep night of poverty. Freedom from pass laws, freedom from the midnight police terror. Freedom from the ghost squads haunting the street corners. Freedom from prison and forced farm labour - the horned fingers and welts ploughed into sorry flesh. Freedom to walk without fear as the companion of the heart.
My answer to the workers is simple: This is the government that knows where people live, that listens, and that is committed to what it said in its manifesto. We have listened. And in the year of action, we must act on issues raised by our people. This is the year of action. Yes, we shall address the problem of labour broking, and the problem shall exist no more. Yes, we shall prohibit the abusive practices. Yes, we shall introduce provisions to the law to facilitate the unionisation of workers.
We are dealing with the unintended consequences of our own law passed by this Parliament, hence the major review of our labour law. Section 198 of the Labour Relations Act has created a lot of confusion. Our labour legislation has not impeded the growth of the temporary employment agencies or services. Bargaining councils have tried to regulate this terrible tendency of abusing and exploiting workers without success. The 2002 amendments and the rules that exist thus far have not assisted either. Therefore, the coming amendments will provide clarity in dealing with who the employer must be so as to effectively remove the difficulty of identifying the correct and the real employer.
The amendments will make it easy for the CCMA to determine whether a dismissal has taken place. The Constitution of the Republic gives every worker the right to form and join a trade union, and also the right to strike. This right is for everyone and every worker, whether temporary, permanent or on contract. We are on course. All of the Bills will be in Cabinet for amendments in due course: the Labour Relations Act, the Basic Conditions of Employment Act, the Employment Act, the Unemployment Insurance Fund Act, the Occupational Health and Safety Act and the Compensation for Occupational Injuries and Diseases Act. This is the year of action; there shall be dust. Hallelujah!
As part of our efforts to improve the status of vulnerable workers, we are investigating the possibility of establishing provident funds in a sectoral determination for farmworkers and domestic workers in 2011. Discussions with service providers and stakeholders are already under way to develop specifications for the funds. In the past year we have also concluded sectoral determinations in the private security, contract cleaning, civil engineering, and the wholesale and retail sectors.
In conclusion, allow me to say: we look to the future with confidence and great optimism. South Africans are people of unlimited capabilities that are often noticed by those who are far beyond our borders. Often we allow ourselves to be consumed by self-hatred. We are also ravaged by propaganda that focuses exclusively on all that is negative about South Africa.
Ndivumele ke ndicaphule kuNozulu, uMpafana, imbongi u J J R Jolobe kumbongo othi: UKwenziwa Komkhonzi. [Allow me to quote J J R Jolobe in his poem entitled: UKwenziwa Komkhonzi.]
Andisenakubuza ndisithi kunjani na Ukukhanywa yintambo yedyokhwe emqaleni Kuba ndizibonele kwinkabi yomqokozo, Ubumfama bamehlo busukile ndagqala Kuba ndikubonile ukwenziwa komkhonzi Kwinkatyana yedyokhwe.
Yab'igudile intle, izalelw'inkululeko Ingaceli nto mntwini izingca ngobunkomo. Uthe umntu mayibanjwe iqeqeshwe ithambe, Ezilungiselela ukonga ukunga uyasiza, Kuba ndikubonile ukwenziwa komkhonzi Kwinkatyana yedyokhwe.
Is it not high time we stood our ground and defended what we are and what we stand for? Is it not high time that we communicated the good news about the good things that South Africans do? Let us unite and work together and restore our dignity.
In closing, allow me to thank the members of the Portfolio Committee on Labour, especially the chairperson, Mrs Lumka Yengeni, for the selfless support they give to me and my department. Sometimes they even counsel me. I don't have a mother so I enjoy being counselled. [Laughter.] By the way, even the members of the DA, who are members of this committee, counsel me. I've just met one of my brothers outside, and we were counselling each other, isn't that so? [Laughter.] Probably their Chief Whip doesn't know that. They must communicate what they do in counselling me. Thank you. [Time expired.] [Applause.]
Hon Minister, to allow you to finish I took two minutes from your 10 minutes that are meant for your response at the end of the debate, unless somebody saves it for you again. But, for now, you are minus two minutes for your response at the end of the debate.
Mhlalingaphambili, Mphathiswa wezeMisebenzi ohlonophekileyo, Mnu Mdladlana, maLungu ePalamente, ziphathamandla zeSebe lezeMisebenzi, nazo zonke iindwedwe ezikhoyo apha kule Ndlu yoWiso-mtheho ngokwezihlalo zazo, ndifuna ukukhumbuza le Ndlu yoWiso-mthetho ngomxholo wePalamente walo nyaka othi: (Translation of isiXhosa paragraph follows.)
[Mrs L E YENGENI: Chairperson, hon Minister of Labour, Mr Mdladlana, hon Members of Parliament, hon members in the Ministry of Labour and all the guests in the National Assembly, all protocol observed. I want to remind the National Assembly about this year's theme which says: ...]
... to celebrate the legacy and contribute to nation-building.
Ukubaluleka kwalo mxholo kusikhumbuza iminyaka engama-20 emva kokukhululwa kuka Tata Nelson Mandela kwezimnyama zona izisele. Kukhululwa oko kuka Tata Mandela nabanye kunye nokubuya kwababebhacile kwenze utshintsho olukhulu kwezopolitiko loMzantsi Afrika.
ISebe lezeMisebenzi linoxanduva lokujongana nempatho yabasebenzi kwiindawo zabo zokuxelenga. Kufuneka eli sebe lijongane nokuphathwa kwabasebenzi ukuze bangacinezelwa ngobuhlanga nangesini sabo. Kodwa zisekhona iingxaki kumaziko okusebenza ezibhekisele kwezi zinto ndizikhankanyileyo. Lusekhona ucalucalulo lwabasebenzi ngokobuhlanga. Abasebenzi abamhlophe basafumana imivuzo ephezulu kuneyabantu abamnyama, ingakumbi emigodini, kubakhi beendlela nabezindlu.
Abantu abamhlophe basebaninzi kwizikhundla eziphezulu nezithabatha izigqibo ngabasebenzi. Maxawambi ufumana umphathi wenkampani, iCEO ukutsho oko, ingumntu omnyama, sibe isininzi sabaqhubi nababhexeshi baloo nkampani ingabantu abamhlophe; le nto kuthiwa yi "window dressing". Yingxaki ke leyo. Abantu abamnyama nabantu abakhubazekileyo kuse kude engqinibeni ukuba bafumane umongo wezoqoqosho kweli lizwe. Enye yeengxaki elijongene nazo isebe yeyokuba abaqeshi batshintsha iimeko zokusebenza ezisisigxina benze abasebenzi amakhesela; kungenjalo babasebenzise ngeemini ezithile evekini, "part-time" ukutsho oko, okanye ngamaxesha athile enyakeni, le nto kuthiwa zii "seasonal workers".
Ingxaki yesibini, kukukhutshwa kwemisebenzi eyinxalenye yenkampani inikwe abanye abaqeshi, nto leyo ebizwa ngokuba yi "outsourcing and sub- contracting". Zezo meko ke ezithe zaqandusela unaniselwano ngamandla abasebenzi, "labour broking" ukutsho oko. Ukuncedisana nokukhululwa kwabasebenzi kwezi meko zobukhoboka ndigqiba kuzichaza, emveni kokuba ikomiti yePalamente ijikeleze ilizwe lonke ithethathethana nabasebenzi malunga nokunokwenziwa ngalo mba, siyiKomiti yePalamente yaBasebenzi senze izicelo, esiye sazithumela kuMphathiswa kunye nesebe lakhe, sisebenzisa iPalamente, zokuba azibhangise ze azincothule neengcambu iintshukumo zobuqhophololo nobukhoboka bokunaniselana ngamandla abasebenzi leli qumrhu labaqeshi lingoonomgogwana abangacacanga noovukengceni, ii"labour brokers" ukutsho.
Ingxaki yesithathu elijongene nayo eli sebe, kukubuyisela isidima sabasebenzi xa bebonke, ingakumbi abasebenzi basezifama kunye nabasebenzi basemakhitshini. Ukufa kwenkokheli yoontamo-lukhuni ababumbene ngobuhlanga lwamaAfrikana kwenze ukuba abo babevale iindlebe namehlo ngentlalo nempatho- mbi yobukhoboka kwabasenbenzi basezifama, ngamafama, baqonde ukuba ikrele lokubulala alijongisanga kubasebenzi basezifama kuphela, koko namafama ngokwawo angaba ngamaxhoba xa le ngxubakaxaka yempatho-bukhoboka ingaselwa so. Kudala abasebenzi bezi fama bebulawa nje ngezilwanyana ngabantu abazibiza ngokuthi bangamaKrestu, abasithela ngebhayibhile kweli.
Ukunikhumbuza ngeziganeko zokubulawa kunye nenkohlakalo yabaqeshi basezifama, kukho umama okanye intombazana enguJohanna, nakundixokela kuba isiSotho sam sizakungalungi, Leshomolekae owafunzwa ze waqwengiswa ngezinja kuba umfama ecinga ukuba sisilwanyana. Kukhona nomnye umfama kwidolophu yaseLichtenburg ekude kufuphi neVentersdorp owabetha waswantsulisa abasebenzi ngolunya.
Nkqu yena umfi lo obeyinkokeli yoontamo-lukhuni unembali yokuswantsulisa abasebenzi. Ushiye imbedlenge ephilayo engazi nokuba kuyasa nokuba kuyahlwa. Le ndlela yokuphathwa gadalala nangolunya kwabasebenzi basezifama ibonakalisa iingcambu zobuhlanga nentiyo engekasombululeki, ingakumbi kwesiya sixekwana saseVentersdorp; bemi bayo ingabantu abamhlophe abajongela phantsi urhulumente okhokelwa ngabantu abamnyama.
UMphathiswa kunye nesebe lakhe banoxanduva lokwenza ubomi baba bantu basebenza ezifama bube nesidima nesithozela, kuba umfama okanye umqeswa; nokuba unemali okanye ulihlempu; nokuba umhlophe okanye umnyama; ubomi bakhe mabuhlonelwe. Bakwanoxanduva lokujonga ukuxhatshazwa kwabantwana kwiifama. Abantwana abasezifama bemhlophe okanye bemnyama banamalungelo afanayo adandalaziswe nakuMgaqo-siseko welizwe. Kulapho ke aza kusinceda khona la mapolisa ezemisebenzi, ukujonga apho imithetho yezemisebenzi ingalandelwayo nalapho yaphulwa khona.
Ngomhla we-12 kwinyanga yeSilimela kulo nyaka, ihlabathi liza kubhiyozela ukulwisana nokusetyenziswa kwabantwana ngokungekho mthethweni. Loo nto iya kube isandulela inkomfa eza kubanjwa ngomhla we-10 ukuya kowe-11 kuCanzibe kulo nyaka, eNetherlands. Okubalulekileyo kukuba ngomhla wama-22 kwinyanga yeSilimela, apha ekhaya siza kube sibhiyozela iminyaka engama-55 okuzalwa koMqulu weNkululeko, phantsi komxholo othi: (Translation of isiXhosa paragraphs follows.)
[The importance of this theme reminds us that it has been 20 years since the release of Mr Nelson Mandela from prison. His release and that of others and the homecoming of people who were in exile brought about an immense change in South African politics.
The Department of Labour has the responsibility of safeguarding the interests of workers in the workplace. This department must guard against the discrimination of workers with regard to race and gender. There are still problems in the workplace as far as the above-mentioned issues are concerned. Discrimination on the basis of race still exists in the workplace. White workers still get higher salaries compared to blacks, especially those in the mining, the road and housing construction industries.
There is still a large number of white people in higher positions who are taking decisions about other workers. Sometimes you find a black person as the CEO of the company whilst the majority of people in managerial positions are white people, and that is what we call "window dressing". That is a problem!
Black people and people with disabilities still have a very long way to go to become economically emancipated in this country. One of the problems that the department is faced with is that the employers change the workers' status from that of being permanent workers to that of being casual workers or else they make them part-time or seasonal workers.
The second problem is the outsourcing and subcontracting of work. It is these conditions that have resulted in labour broking. In order to help in freeing workers from these unjust practices I have mentioned, the Portfolio Committee on Labour made recommendations to the Minister and his department through Parliament for the acts of corruption and labour broking to be abolished. We made these recommendations after the committee consulted with workers all over the country in trying to find solutions to the issues mentioned earlier.
The third problem facing the department is the restoration of the dignity of workers, especially farmworkers and domestic workers. The death of the leader of the conservative oppressors who are united on narrow racist tendencies, the Afrikaners, made those who turn a blind eye to the atrocious treatment of farmworkers by farm owners realise that it is not only the workers who are affected by it, but the farm owners themselves may be affected by it, if it is not attended to.
The farmworkers have long been brutally murdered in this country by the people who claim to be Christians, who hide their cruel deeds by using the Bible. To remind you about the atrocities of the farm owners, you will remember the incident of Ms Johanna Leshomolekae - pardon me for the wrong pronunciation - who was maimed by dogs because they thought that she was an animal. There is also another farmer from Lichtenburg near Ventersdorp who chased and assaulted workers.
Even the deceased, who was a leader of the conservatives, has a history of assaulting farmworkers. He left a person brutally paralysed and mentally handicapped. The atrocious treatment of farmworkers shows unresolved racism and deep hatred, especially in that small city of Ventersdorp, where its white residents undermine the government which is led by black people.
The Minister and his department have the responsibility of making the lives of farmworkers more dignified. The life of a farm owner or a farmworker, whether rich or poor, white or black, must be respected. They also have the responsibility of looking at child abuse on the farms. Children on the farms have the same rights, whether they are black or white, as enshrined in the Constitution of the country. This is where these labour cops will help in determining whether the laws have been adhered to or transgressed.
On 12 June this year, the world will celebrate the fight against illegal child labour. The celebrations will be preceding the Global Child Labour Conference this year in the Netherlands. What is important is that on 22 June, we will be celebrating 55 years of the Freedom Charter under the theme ...]
The people shall share in the country's wealth.
The ANC-led government will leave no stone unturned to protect the rights of workers in general and farmworkers and domestic workers in particular.
Upapasho-nkqubo lwe-ANC luthembisa abasebenzi imisebenzi ekhuselekileyo nenesidima eza kube ijongene namalungelo abo. Ukuphunyezwa kwesi sithembiso kuseyingxaki kuba asinawo amapolisa ezemisebenzi akwizinga eliphezulu ngenxa yemali engonelanga awayifumana kwiSebe lezeMisebenzi. Ayaqhawula, ayahamba, afuna amarhiwu aluhlaza.
SiyiKomiti yePalamente yabaSebenzi senze isicelo kuMphathiswa wezeMali sokuba liphiwe uchatha iSebe lezeMisebenzi ukuze umba wemisebenzi ekhuselekileyo nenika abasebenzi isidima sobuntu iphunyezwe. Ukuba uMphathiswa wezeMali angasabela, ukuxhatshazwa nokungakhuseleki emisebenzini kuya kuba yimbali yamandulo. Kwaye izingqi zamapolisa ezemisebenzi zakukwaziwa nanguthathatha, kuba aza kuluma abe nobuhlungu obogqitha izinja zamafama nezoongxowa.
Lo mhla woHlahlo-lwabiwo Mali weSebe lezeMisebenzi wenzeka ngexesha elibuthathaka kwimeko yezoqoqosho kwihlabathi liphela. Meko ezo zishiye izigidi ngezigidi zabantu zibethwa linxele likakhetsekile. Zimaxongo zinjalo ezo meko, olu lwabiwo luzisa ithemba kubasebenzi belizwe, kuba nangona uqoqosho lwethu beluthwaxeke kanobom, oovimba bethu babonisa ukuqingqa. Kuqingqa oko phofu kuxhentsela kude neenxili zabasenzi.
Minyaka le eli Sebe lezeMisebenzi lisoloko lixulutya ngamatye, lityatyekwa izityholo zokuba amasebe alo awasebenzi, awazizisi iinkonzo eluntwini. Nto leyo ibonakele ngeziphumo ezingentlanga kubahloli beemali zamasebe karhulumente. Sinethemba, siyiKomiti kaNdlunkulu yoWiso-mthetho ejongene nabasebenzi, lokuba ezi zityholo nezoo ziphumo sele ndizikhankanyile nazo ziya kuba yimbali yamandulo. Siyanibona nisiza ngenqwelo yamahashe, hayi iqwelo-moya. Ukutyunjwa kombhexeshi weli sebe kuNdlunkulu walo kwenze umahluko omkhulu, kuba siyamazi umntu ekufuneka axhaphe amagwebu xa isebe lingatsaleli goqweni. Onke amasetyana eli sebe, nhoko achacha kuhle; ukhona umahluko. Bayawalungisa amadlala esiwahlabileyo. Sinikhuphela iitshefu ezimhlophe. Sithi whuntshu kuMphathiswa nesebe lakhe, ninokwenza ngcono kunakaloku nje. I-ANC iyaluxhasa uHlahlo-lwabiwo Mali. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)
[The ANC's manifesto promises workers job security and decent jobs which will cater for their rights. It is still a challenge to achieve this promise because we do not have highly skilled labour cops because of the insufficient salaries paid by the Department of Labour. They leave for greener pastures.
We appealed to the Minister of Finance to increase the budget allocation to the Department of Labour so that the issue of job security and decent jobs can be addressed. If the Minister of Finance can respond positively to that, then being taken advantage of and being unprotected at your workplace will be a thing of the past. Also the work of the labour cops will be known to everybody because they will bite more than the dogs of the farmers and those of the capitalists.
This Budget Day of the Department of Labour takes place at a time when economic conditions in the whole world are very critical. Those conditions left billions of people in poverty. Gloomy as those conditions are, this budget brings hope to workers of the country, because even though our economy has been severely affected, our reserves show stability.However, the stability is not towards the coffers of labour.
The Department of Labour has always been criticised on an annual basis, being accused of having sections that are not working and that there is no service delivery. That resulted in the interdepartmental finance auditors of the government coming up with a report that is not satisfactory. We have hope in the Portfolio Committee on Labour that these allegations and the results of the auditors already mentioned will be a thing of the past. We can see that you are coming up with false accusations when we put facts on the table.
The election of the chairperson of this department in the National Assembly made a huge improvement, because we know the person will give an account if there is no progress in the department. All the sections of this department are improving; there is a difference. They are implementing the changes that we have recommended and we commend you for that. We congratulate the Minister and his department; you can do much better than this. The ANC supports the Budget Vote. [Applause.]]
Hon Chairperson, hon Speaker and hon Minister, this afternoon we will be referring to matters of the heart. Minister, unemployment knows no race, it sees no colour, but it affects all of us, irrespective of your background in society. It is, however, unacceptable to see how tenderpreneuring enriches the ANC elite, while the rest of the people, especially the poor, have to suffer owing to unemployment.
In his Budget Speech, the hon Minister of Finance highlighted the key spending priorities of government to create a better life for all. One of the main focus areas raised by the Minister is job creation. The Minister quite correctly said that one in four adults seeking work is unemployed and almost half of our young people have not found work.
The DA agrees with the Minister that job creation is of the utmost importance. This is because not only will people with jobs be able to look after themselves and their families financially, but they will also be afforded the opportunity to contribute to tax revenue, create wealth in the economy, look forward to better schooling opportunities for their children, and build a sense of self esteem. The proposed allocations of R52 billion over the next three years for the Expanded Public Works Programme are therefore disconcerting. Although the aim is to create 4,5 billion job opportunities, the jobs are unfortunately of a short-term nature and, as a result, no or very little skills transfer takes place. The DA is of the opinion that the funds provided by the Expanded Public Works Programme should rather be used to extend the youth unemployment programme and to grant more assistance to small and medium enterprises.
The DA has said in the past and we will say it again: the Setas do not work. Instead, we need a system that incentivises on-the-job training and apprenticeships. Therefore, the DA urges the government of the day to reopen all nursing colleges, teaching colleges and apprenticeship training centres in order to create an environment for young people to become self- sufficient and to restore the pride of all our young people. By doing this, our skills shortage will automatically be addressed.
The fact that 267 000 South Africans lost their jobs in the first quarter of 2009, according to Statistics SA, was a clear signal that the ANC's stance on labour policy is misguided and ultimately destructive to employment creation. Meanwhile, the increase in unemployment of 31,1% in the third quarter was a clear and urgent signal to the ANC government that the status quo on labour regulation is neither workable nor sustainable.
That said, the results for the fourth quarter of 2009 further demonstrated that President Zuma failed dismally in his promise to create 500 000 job opportunities by the end of last year. Instead, under the President's administration, about half a million jobs have been lost, and during the whole of 2009 the South African economy shed 870 000 jobs. The creation of real jobs and the eradication of poverty is one of the primary challenges South Africa faces. The solution to this problem lies in embracing the free market, relinquishing control over certain key aspects of the economy, and establishing an environment in which investment is encouraged, entrepreneurship rewarded and small and medium-sized businesses supported and allowed to grow.
Unfortunately, this government is moving in the opposite direction. Under the auspices of the developmental state, it is seeking to maintain its control and, indeed, if the new industrial policy is anything to go by, increase it. This is wrong. Central to arresting this approach is the realisation that the market, and not the state, is best placed to generate prosperity and wealth.
The Compensation Fund urgently needs to get its house in order and deliver on its mandate of compensating injured workers instead of allowing fraud and corruption to run rife. Last year, the Compensation Fund received a disclaimer of opinion from the Auditor-General. However, this year it seems that the fund is not making any progress in the processing of claims. Instead, the Department of Labour has admitted before the Standing Committee on Public Accounts, Scopa, that the fund has been defrauded to the tune of R24,6 million in false claims. The Compensation Commissioner told Members of Parliament that medical doctors colluded with staff to create these false claims and that 11 staff members have been arrested and prosecuted in this regard.
However, R57 million remains unaccounted for in the financial year statements. Yet, millions of prospective beneficiaries in South Africa are going without food on a daily basis due to the frustrations created by this Compensation Fund. As a matter of interest, this morning, dear Minister, a member of the public in the Western Cape wanted to commit suicide as a result of frustrations encountered owing to claims that were never resolved.
In fact, in response to a parliamentary question posed by the DA, it has been revealed by the Minister of Health, Dr Aaron Motsoaledi, that the Commissioner for Occupational Injuries and Diseases has processed less than 17% of all claims it has received in 2009, and this has been the pattern for most of the past five years.
The commission is supposed to provide cover for medical expenses of workers injured on duty. All employers contribute to the fund. This reply is therefore a shocking indictment of a government institution mandated to protect workers. There is no defence for this shocking level of neglect of such a vulnerable group. The applicants were injured while contributing to society.
The excuse, that literacy levels are to blame, is invalid. There are multiple ways to contact an injured worker and the commissioner should use creativity and initiative to do so instead of simply accepting the problems as fact. This is his job, after all. The response just goes to show that actual service delivery is nowhere on the priority list of this department.
The Minister of Labour should help those who can't help themselves by transforming the currently inaccessible system of the Compensation Fund into one characterised by a caring environment in which claims are processed in a quick and user-friendly manner.
It is clear that Cosatu is only interested in one thing: increasing their influence in the labour market and securing monthly membership fees. The real concerns of the unemployed and those who do suffer at the hands of rogue labour brokers are not a priority at all.
It is now clear that our Minister of Labour, Mr Mdladlana, has been forced by the weight of evidence to rethink his promise to ban labour brokers. In response to a series of parliamentary questions posed by the DA, nine government departments admitted to making use of labour brokers, at a cost of R123 million. This is no surprise, but the reasons given supply overwhelming evidence as to the necessity of labour brokers. The figures also show that they are necessary for the efficient running of government, which poses further questions around why certain government departments flatly deny making use of their services.
It seems as if the appeasement of Cosatu does have its logical limits. One cannot blindly reject the solid facts and reasonable arguments that show that labour brokers do have a role to play in the labour market.
The Minister of Labour has never uttered a single word on concrete policy suggestions. He only threatens to ban labour brokers. The empty rhetoric and rabid threats by the Minister have now been exposed for precisely what they are: a cheap trick to shore up support with Cosatu members ahead of the 2009 national elections, even while knowing that those threats would never have materialised.
If our Minister had been serious about the abuse taking place on the periphery, then there would have been a clear and level-headed debate. Instead the abuse of workers has been used to promote the ANC, rather than address the real issues. The DA has proposed a comprehensive plan on the problem of workers' abuse on the fringes of the labour-market industry.
The DA urges all parties, especially the backbenchers of the ANC, to properly consult in terms of the DA's proposals which are based on best practices. I thank you. [Applause.]
Chairperson, I rise on a point of order. I did not want to disturb the DA speaker. Is it parliamentary for anyone to make this gesture? This is because when the DA member was speaking about labour brokers the Minister made this gesture. [Interjections.] Is he saying that they should be killed? I want to know if it is parliamentary to do that? Will he please apologise for making that gesture?
Hon member, I will investigate that. However, a gesture could also be an exclamation. I will investigate it.
Hon Chairperson and members, Cope is extremely concerned about the economy's massive unemployment rate. Even though our economy is formally categorised as an upper middle-class economy, it has one of the highest unemployment rates in the world. Unemployment figures from government say that 24,3% were unemployed by the end of last year. However, if we include discouraged potential workers, then the figure is closer to 40%.
Last year, there was a net loss of 423 000 jobs in the formal sector alone, comprising trade and manufacturing. However, considering the overall economic situation, more than 870 000 jobs were lost, bringing the total number of the unemployed in the country to more than 4,165 million. That shows that the government made false promises to the electorate in their election manifesto and state of the nation address.
The country has a problem related to the inefficiency of the Commission for Conciliation, Mediation and Arbitration and of the labour courts. Annually, between 80 000 and 90 000 dismissal cases are referred to the CCMA. Approximately 18 000 of those who bring their applications to the CCMA receive arbitration awards. Matters that are taken to the labour courts are generally only settled a year after the hearings. Sometimes it takes even longer. This is a problem that has to be tackled urgently, as it is imperative that labour disputes are settled quickly and expeditiously.
Our labour laws should be continually updated on the basis of the jurisprudence arising from the CCMA and the labour courts, both to reduce their burdens and to refine the laws. If pre-dismissal procedures are properly clarified, it will help both the employer and the employee to achieve better results.
Government must hasten to reduce unnecessary costs for all parties involved in unfair dismissal disputes by introducing legislative reforms covering pre-dismissal, conciliation, arbitration and probation. Such reforms will lead to greater efficiency and effectiveness in labour-market institutions, such as the CCMA, the labour courts and the bargaining councils.
On labour-market programmes, Cope as a proponent, of course, of the activist state ... [Interjections.] ... obviously supports an active labour- market programme, as this can support opportunities for unemployed workers. The programme includes a wide range of activities that can stimulate employment through, inter alia, retraining and reskilling; creating a physical labour market in each municipality; facilitating their job search by improving the matching of workers to jobs and vacancies to individuals; and helping workers improve their work habits or increasing motivation and confidence.
On the issue of the public employment services, Cope would like the Minister to outline when a public employment service policy and the establishment of the employment services board are likely to emerge. The department should be proactive by immediately setting up the envisioned database to provide integrated employment information.
Cope is anxiously awaiting the amendments to the Skills Development Act of 1998 so that the country can have proper progress in labour.
On the inspection and enforcement services, Cope is concerned about the lack of progress in the proposed introduction of the inspection and enforcement services. Cope would like to know how far the department is in this regard. We are encouraged by some of the developments, but we are very concerned that the government has just not been able to stimulate the economy sufficiently to create better labour-market conditions. Government knows the significance of job creation, but seems not to have the answers. Meanwhile, the unemployed are languishing in casual jobs or in despair. This government has made extraordinarily huge promises, but its delivery on those promises has been miniscule. This suffering of the people must be brought to an end through effective stimulation of the labour market.
Finally, we welcome the ANC government's U-turn in their stance regarding the total removal of labour broking without any proper national debate, because there hasn't been any. We are delighted by this move. We are prepared to work together with you, as we want to see the industry regulated, jobs protected and the creation of new jobs. To simply rise and say that you are removed without any scientific way forward will altogether not help the country. We therefore say that we should sit down and talk about these things, so that you don't simply go out and open your mouths when you know that the antithesis is the case. Thank you very much. [Applause.]
Just a minute, hon Ndlovu. Hon members, I want to sort out the objection from the hon member on the left regarding the gesture made by the hon Minister. I want to point out that gestures and expressions may only be unparliamentary when directed at other members, not in the air. [Laughter.]
Threatening gestures are generally unparliamentary when directed at members specifically. It is not my understanding, hon member, that the Minister, in particular in this sitting, did what he did with the intention of offending the hon Louw as the target. However, I would like to caution all members in this House to desist from making these gestures, because they waste a lot of time.
Chairperson, labour is the aggregate of all human physical and mental effort used in the creation of goods and services within a country. In other words, labour is the backbone and driver of the economy.
The IFP considers labour as one of the country's most precious resources, but like any precious resource, labour must be protected from exploitation and ill treatment. It must be nurtured in such a way that it grows strong, thereby ensuring high levels of productivity and economic growth within our country.
Our key focus areas must be on sustainable job creation. Whilst we applaud the department on its creation of the public employment service programme, we also note that it has only received 15,7% of the budget. Is this sufficient in terms of the objectives and goals of this programme? The answer is no.
The IFP also urges the Minister to take cognisance of international measures in addressing the current labour and economic crisis, such as the International Labour Organisation's Global Jobs Pact. The retraining and reskilling of workers is paramount if we are to emerge from this current economic crisis in a position of economic strength.
The unlawful and unregulated labour broking practices remain a grave concern of the IFP, and we task the Minister with taking the necessary steps in order to bring these abusive practices to an end. Legislation must be enacted or there must be prohibitions that will create a standard code of practice within this industry. There must be a standard code of practice.
The CCMA is currently overburdened with its caseload owing mainly to our current economic crisis. The CCMA should be sufficiently resourced and assisted to a greater extent by the department, as it plays a vital role in successful labour dispute resolution in South Africa. The IFP commends the CCMA on the 14 430 jobs that it recently helped save in terms of the section 189(a) facilitation process. We do, however, also condemn the use of the CCMA by certain individuals who seem to be using it as a scapegoat for their own private agendas [ukweba imali yabantu] to steal people's money. We say: let the workers be represented properly without fear or favour.
Child labour, which is especially rife within our rural communities, must be eradicated. It not only undermines a child's physical, mental and spiritual development, but also interferes with their school schedule or forces them to leave school earlier because they have no time for their studies. Our children are the leaders of tomorrow and must be equipped with the necessary skills base that schooling provides in order to succeed in life. Uneducated children are truly the loss of a nation, as opposed to ill- disciplined children who are the waste of a nation. You know who I'm talking about. [Interjections.] The IFP strongly urges the department to take this matter very seriously and to be proactive in this eradication.
We believe that the goal of sustainable job creation must be given the highest priority within the department. A country whose workforce is active is a successful country; it is a country with low levels of crime and poverty. And we therefore task the Minister with advancing the creation of decent jobs and the kinds of economic and working conditions that give working people and businesspeople a stake in lasting peace, prosperity and progress. We do understand what the Minister talks about. Thank you. [Applause.]
Sihlalo ohloniphekileyo, Ngqongqoshe Wabasebenzi, malungu ePhalamende ahloniphekileyo, abasebenzi boMnyango ngokwezikhundla zabo. (Translation of isiZulu paragraph follows.)
[Ms F E KHUMALO: Hon Chairperson, Minister of Labour, hon Members of Parliament, workers of the department in their different portfolios.]
In 1994 the ANC government inherited a society that was underdeveloped by international standards and characterised by policy gaps, duplication in delivery and fragmented institutions. A social protection system did not exist and vulnerable groups faced risks such as poverty, ill health, disability, unemployment, injury on duty, etc. This resulted in their effective exclusion from participating in society.
Broadly speaking, South Africa has adopted a redistributive approach to labour market reform during its transformation to democracy since 1994. This approach is the result of the notion of equality, as contained in the Constitution. The adoption of the democratic Constitution, Act 108 of 1996, and specifically Chapter 2, sought to guarantee the rights of all citizens, including workers, and accorded a set of rights which cannot be tampered with albeit through a set of constitutional amendments. Constitutionally, the general rights afforded to citizens apply equally to workers' rights.
It is against this background of ANC policy and policy that has influenced the crafting of the Constitution of the Republic of South Africa that the Compensation Fund must be looked at. The ANC's approach to compensation, therefore, is a deep and fundamental approach of looking at workers' environmental conditions in a holistic manner and providing the necessary protection.
The legislative mandate that informs our engagement is the amended Compensation for Occupational Injuries and Diseases Act of 1997. Historically, the introduction of the Act in 1993 was part of the rich influence of the ANC's 1992 policy document "Ready to Govern", which looked at a number of social protection measures and compensation measures that needed to guide the labour market.
The first years of its operational functioning brought many challenges and, of necessity, brought about the amendments of 1997. Even at this stage the stakeholders that were invited to the public hearings on the then Bill contested a number of issues, all of which directly arose from their experience of working with the 1993 Act. Considerable restructuring of this fund has taken place since 1997, yet much more needs to be done.
Last year the Minister, in his Budget Vote speech, had this to say:
Whilst there has been a number of changes to the fund, I am not satisfied. There is a lot of dirt, and a lot of sweeping will have to take place at the Compensation Fund. The portfolio committee must still assist me to do this.
This was the challenge and a reflection on how far we have come over the past 12 months in achieving the necessary changes. The impact of the changes to the management structure and the piloted decentralised model of the Coida - Compensation for Occupational Injuries and Diseases Act - operations in the Eastern Cape and Limpopo needs examination.
Certainly, we welcome the fact that all Coida payments are being made electronically rather than by cheque. The Compensation Fund claims settlement rates still remain too low. Integrating compensation and health and safety competencies across government has continued, but some areas still need to be worked on.
The ANC sees the key challenges as administrative interventions. The impact assessment of these interventions needs to be debated. What was intended by these administrative interventions was agreeable. The impact assessment is what needs further review. Improving and aligning the administration in accordance with all related regulations and the fund's strategic objectives have been central in all of this.
The upgrading of the Compensation Fund's financial system so as to improve both the claims settlement rate and the turnaround times should, equally, be assessed, as must the progress in registering pharmacists, medical orthotics, prosthetic practitioners and designated providers on the Compensation Fund's database.
The measurable objectives of the Compensation Fund are the turnaround time for occupational injuries or diseases within 90 days of receipt of full documentation. These measurable objectives remain a challenge. Over the next 12 months we will need the close attention of this committee.
We welcome the increased number of compensation claims that have been finalised. One of the key challenges remains the turnaround time of medical aid claims. The ANC has, however, moved way beyond the legalities and the process administrative challenges.
The introduction of national health insurance will bring to an end the medical aid sector as we know it, and claims will be processed far easier through the streamlined national health insurance system.
As part of the overall ANC developmental policy perspective on comprehensive social protection, the development and implementation of the rehabilitation and reintegration policy framework is greatly welcomed. For those who suffer the pain of injury at work, this offers a way back into the labour market as a corrective measure, rather than a fatalistic approach of injury being a final and determining factor in ending a worker's life within the world of work.
Part of strengthening social protection must be the paying of attention to the strengthening of the institutional capacity of the Department of Labour. Central to this is not just an inward-looking approach on systems and structures, but an outward-looking approach which deals with the workplace environment. The necessary capacity-building in the terrain is highly technical and critical. It is an environment in which the wrong calculations can lead to someone who has already suffered physical injury further suffering financial loss. Clearly, for the Compensation Fund to offer the best service to those injured at work, its financial viability must be secured.
Proposals around increasing assessment revenue and increasing the number of registered employers, as well as better debt collection, will assist in securing the financial stability of the Compensation Fund in future.
Oversight of organisational restructuring will be necessary to ensure that the ongoing amendments to the organisational system and structures will bring about the stated outcomes and intentions. Equally, the committee will need to carefully monitor the decentralisation of the Coida services to provinces.
The Compensation Fund must be seen against the seven priorities of government, which include health. Occupational health and safety and the Compensation for Occupational Injuries and Diseases Act are priorities that form part of the ANC's priorities arising from the 2009 election manifesto.
The continued integration of the Compensation Fund with comprehensive social security reforms reflects an ANC decision. We welcome this progressive move and are very mindful of the fact that as the legislative arm of the state we are going to have to make necessary amendments to the Compensation for Occupational Injuries and Diseases Act. This must form part of the programme of this committee for the Fourth Parliament.
In conclusion, the Compensation Fund and the Budget Vote that we are considering today must be viewed against the department's purpose "to provide protection to the unemployed and the injured". It is this that must determine our views on the Budget Vote through a proper assessment of its performance. As the ANC, we support the Budget Vote. I thank you. [Applause.]
Chairperson, I do not have enough time to speak to all the issues, so I will take a holistic view. It is trite to say that an economy is built around people. Depending on how people are treated and how much initiative they show, an economy will grow or die. It is the FF Plus' view that an economy must be free from state intervention and that regulation thereof must only take place in the most extreme of circumstances.
In this regard, the ANC government has thought it good to implement interventions to bring about workers' justice based on a historical view of the economy and its drivers. This has given birth to the current interventions based on race known as affirmative action and employment equity. Hierdie ingrypings mag dalk gebore gewees het uit 'n sin vir geregtigheid, maar tans blyk dit dat hierdie sosiale stuk gereedskap in 'n doelwit op sigself ontaard het, en dat dit nie meer as bloot 'n middel tot 'n doel beskou word nie.
Regstellende aksie het 'n nuwe reeks slagoffers geskep. Dit is 'n feit dat, desnieteenstaande die nuwe rykdom wat onder blankes sedert 1994 geskep is, vele besig is om te verarm en baie, soos ander minderheidsgroepe, hulle tans in plakkerskampe bevind.
President Zuma weet dit, want hy het self sulke gemeenskappe besoek. (Translation of Afrikaans paragraphs follows.)
[These interventions may have been born from a sense of justice but, at the moment, it seems that this social tool has become a goal in itself and that it is no longer regarded as merely a means to an end.
Affirmative action has created a new set of victims. It is a fact that, notwithstanding the new wealth that was created amongst whites since 1994, many are becoming impoverished and many, like other minorities, are currently living in squatter camps.
President Zuma is aware of it because he himself has visited such communities.]
The point is: social justice cannot be achieved by enforcing a blunt instrument to fix a previous system. It will inevitably create a new set of problems with new victims. And, Mrs Yengeni, we can enumerate many stories of injustice from both sides of the black and white divide.
However, in order to achieve a solution to our labour and employment problems and to ensure justice in labour relationships, one must have regard to a higher order of thinking. Einstein himself indicated that you cannot solve a problem on the same level; you have to take a step up.
Die feit is dat Suid-Afrika se arbeidsmark deel is van 'n groter stelsel met kleiner onderdele waarvan ons kennis moet neem. Die ANC het vir 15 jaar aan die stuur van 'n groeiende ekonomie gestaan wat nie genoeg werk vir die behoeftes van Suid-Afrikaners geskep het nie. Dit, op sigself, is 'n aanduiding dat die Suid-Afrikaanse gemeenskap en die regering 'n ernstige sistemiese fout het. Daar sal dus gekyk moet word na hierdie fout, en waar dit l, en dit moet reggestel word om die samelewing in ekwilibrium te bring. (Translation of Afrikaans paragraph follows.)
[The fact is that South Africa's labour market is part of a bigger system with smaller components that we should take note of. For 15 years the ANC has been at the helm of a growing economy that did not create enough jobs to meet the needs of South Africans. This in itself is an indication that the South African society and the government are faced with a serious systemic flaw. Attention should thus be given to this flaw, and where it lies, and it must be rectified to bring society into equilibrium.]
The FF Plus has a suggestion in this regard. The FF Plus believes that we must stop looking at the past and push forward into the future, which must become a better place, by implementing imagination, initiative and hard work. The current system of social assistance is unsustainable. We therefore have no choice but to fix this system. How will we do this?
The Minister talked about new partnerships. He is on the right track. We need a new deal.
Ons het 'n nuwe kontrak nodig. [We need a new contract.]
... a new deal between the majority and the minorities wherein the minorities will assist the majority in accessing the economy, growing and managing it, while, in turn, the majority will make the necessary amendments to create a governance system of power sharing. In this way, we believe decent employment, economic upliftment and social justice can truly be achieved. At the same time, you will have new partners at the helm of the South African ship, who will feel that they have control over their own destiny in this country.
Die jaar 1994 is 'n lang tyd terug. Die huidige stelsel werk nie. Die politieke woelinge aan die linker- en regterkant wys dit duidelik, soos die middelgrond inkalwe.
Daarom moet ons no hard, eerlik en kreatief dink oor ons toekoms in die land. 'n Beter en regverdige toekoms kan net behaal word deur weer eens te onderhandel vir die skep van 'n regverdige en ewewigtige bestel.
Kom ons herskik nou. (Translation of Afrikaans paragraphs follows.)
[The year 1994 is a long time ago. The current system is not working. This is clear from the political turbulence on the left and right, while the middle ground is caving in.
That's why now is the time to think hard, honestly and creatively about our future in this country. A better and equitable future will only be created by negotiating once again for the establishment of a fair and evenly balanced regime.
Let's renegotiate now.]
We look forward to speaking with the hon Minister, the Cabinet and the President about this project. Let there be dust, Minister. Thank you. [Applause.]
Hon Chairperson, hon Minister, hon Members of Parliament, ngiyanibingelela [I greet you]. The creation and retention of decent work and sustainable livelihoods has become the primary focus of all economic policies of the ANC government. This means that there is a direct connection between the economic programme and the developmental priorities of the ANC government.
Economic policies support the developmental priorities and, in turn, developmental priorities support the economic programme. Key to addressing these priorities is the integration of economic growth with development and the building of an effective developmental state with the capacity to co- ordinate planning throughout government. One of the defining features of a developmental state is the state's intervention in the economy in favour of the needs of society as a whole.
A key instrument of state intervention would be a state-led industrial policy programme that would guide key aspects of economic transformation, supported by an appropriate and sustainable macroeconomic policy stance, as well as trade and labour market policies.
This also demands the active involvement of the developmental state by way of playing a central and strategic role, and not simply playing a regulatory role, if it has to create decent work and economic growth. Our priorities will specifically target the needs of workers, the youth, women, rural masses and people with disabilities. The Freedom Charter says:
The state shall recognise the rights and duty of all to work, and to draw full unemployment benefits; Men and women of all races shall receive equal pay for equal work;
There shall be a 40-hour working week, a national minimum wage, paid annual leave, sick leave for all workers, and maternity leave on full pay for working mothers ...
- like myself.
Miners, domestic workers, farmworkers and civil servants shall have the same rights as all others who work; Child labour, compound labour, the tot system and contract labour shall be abolished.
The Reconstruction and Development Programme, a programme that met our reconstruction needs in a post-apartheid South Africa, recognised the need for the creation of jobs and decent work as a necessity in fighting unemployment, poverty and inequality for a better life for all. This culminated in the decent work concept being entrenched in the Bill of Rights in the South African Constitution. Unemployment remains unacceptably high at 31%, using the expanded definition of unemployment. Further, the quality of the jobs created during this period has not yet met our goal of creating decent work. In addition to the unemployed, there are many who are underemployed. The decline in the quality of jobs has led to the growth of the working poor as more labour is casualised and outsourced.
Inequalities have widened, with the workers' share of the national income declining. The ANC is committed to building a more equitable, sustainable and inclusive economic growth path, centred on creating decent work opportunities and sustainable livelihoods. We need to ensure that the majority of our people benefit meaningfully from economic growth.
Decent work is broadly defined by the International Labour Organisation, the ILO, as work that provides for workers' rights, adequate protection by legislation and access to social security and social dialogue. Decent work is the foundation of the fight against poverty and inequality, and its promotion should be the cornerstone of all our efforts.
Decent work embraces both the need for more jobs and for better quality jobs. The creation of decent work and sustainable livelihoods would be the primary and overriding objective in shaping our industrial and trade policies into macroeconomic policy, labour-market policy and skills development. To achieve the objectives of decent work and sustainable livelihoods, and to ensure a labour-intensive growth path, the ANC government will pursue well-resourced and strengthened state-led industrial policy programmes.
Decent work should not just be premised on a narrow economic perspective; it should embrace a broad range of benefits and tasks in relation to the workplace. Decent work should be earned through key tasks: to wage struggles, and to advance and defend worker rights, decent wages and jobs, and safety and healthy working conditions.
Our 52nd national conference reaffirmed the need for job creation and decent work. In reaffirming this need, the persistent levels of poverty were recognised. The ANC calls for the creation of decent work, employment with all benefits, and protection within the discourse of labour rights. Currently, there has been subcontracting, outsourcing, and the utilisation of the labour broker system which has brought about poor quality and undermined jobs in South Africa and promoted abusive practices.
Fighting unemployment will include having to facilitate and ensure an environment conducive to job-seeking through the provision of other social benefits through the social transfers. This is important in ensuring stability in society and, in particular, in households while job-searching.
As I conclude, to address this need the ANC has called for a national democratic society that should use the redistributive mechanism of the fiscus to provide a safety net for the poor. As such, built into social policy should be a comprehensive social security system which includes various elements of the social wage such as social grants, transport and basic accommodation.
As the ANC, we support the Budget Vote. Khanimamba. [Thank you.] [Applause.]
Mhlalingaphambili, Mphathiswa weSebe, Malungu eNdlu yoWiso- mthetho kunye nabasebenzi bakaTat'uMdladlana, ngonyaka ka-1955 kwinyanga yeSilimela ngomhla wama-26, iingongoma ekwakugqitywe ukuba kuza kugaywa inkxaso phantsi kwazo ngumbutho omkhulu wesizwe omdala, i-ANC, ngongoma ezo ezathi zafumama inkxaso nakuTata - ongutat' omkhulu kwabanye - uNelson Rolihlahla Mandela, yokuba uyazinikezela ekuqhubeni nasekwenzeni olo gayo luye phambili, zathi zazala inkomfa yabantu; eyeyokwenene yona inkomfa yabantu. (Translation of isiXhosa paragraph follows.)
[Mr E NYEKEMBA: Chairperson, Minister of the department, Members of the National Assembly and officials in the department of Mr Mdladlana, on 26 June 1955, the points which we agreed to use in a campaign for the ANC, the old national organisation, and points which were also supported by Mr Nelson Rolihlahla Mandela - who is a grandfather to others -that he commits himself to taking the campaign forward, gave birth to the people's congress; the true people's congress.]
The conference of the people that I'm speaking about, the real conference, came up with 10 points that the ANC during that time and after it had won liberation would focus on. One of the points I will speak to is work and security, point number seven in the Freedom Charter.
I will link this point number seven of the Freedom Charter with one of the public utilities, which is the Commission for Conciliation, Mediation and Arbitration, CCMA. This is because the purpose of the CCMA is to make sure that there is social justice and economic development as a result of dispute management and resolutions that are favourable. This public entity has been established in terms of section 112 of the Labour Relations Act, emanating from section 23 of the Constitution that deals with labour relations.
I am referring to these two sections, one from the Constitution and one from the Labour Relations Act, and linking them with the volume of work which some colleagues spoke about earlier - the challenges that this public entity is faced with. If we look at all labour legislation, most things that do not go right are referred to this institution. There is a volume of cases that the CCMA is looking at, and there are still more to come.
With regard to this institution, it has been indicated that there was a programme of training for lay-offs which started last year in September. It is this institution that has to facilitate the process of trying to avoid job losses, but this can only happen if there is agreement between the employer and the trade unions. It is my view, Minister, that this has to be looked at again in order to make sure that the CCMA, as a public entity, does contribute the maximum in trying to avoid job losses. There are certain points that were raised here. I'm not taking the position that the Minister has to take at the end, but I think it is important to speak to some of the issues that were raised.
Referring to the DA in particular, they made reference to labour broking being an industry. How can somebody be called an industry who does not have the means of production, who does not employ directly, but facilitates placement for a well-established employer? This can't be. [Interjections.]
With regard to Cope's comparison of the Labour Court with the work of the CCMA, these are two different tribunals. The Labour Court belongs to the Department of Justice and Constitutional Development and the CCMA falls within the ambit of the Department of Labour. These are two different things, but I think it is important to welcome the point if you are saying that as Parliament we need to look at how the labour courts do fast-track the cases that are referred to them by the CCMA. Regarding the point raised by uTat' uNdlovu [Mr Ndlovu] ...
... uthethe kamnandi ekuqaleni kodwa wabuya wajika wathi: "Hayi makubekho indlela emabasebenze ngayo aba bantu", ndalahleka. Kuqala uthe: "Makusetyenzwe ngabo bemke", wabuya wathi: "Hayi, makubekho umgaqo wendlela yokuziphatha". (Translation of isiXhosa paragraph follows.)
[... who spoke well at the beginning, but he also said: "No, there must be a way of governing the work of these people". I was lost. At the beginning you said: "Something must be done to kick them out", and you also said: "No, there must be a code of conduct".]
Hon member, mind the time.
Two minutes. Yes, I have two minutes left. [Laughter.] [Interjections.] I must say, through you, Madam ... [Interjections.] [Laughter.] ... I mean ... Chairperson, I am sorry. I have my chairperson of the Portfolio Committee on Labour here. [Interjections.]
On 9 March 2010, when we were looking at the report that came about as a result of the public hearings, the hon Ollis said that his friend's father was working in a mine, employed by the mine. During the time of retrenchment, this father was earning R12 000 per month. He came back through a labour broker and the salary was reduced to R8 000 per month. That was an indication that the DA does understand that there are problems with labour broking. The ANC supports the Budget Vote. [Applause.]
Chairperson, hon members and hon Minister, are we helping South Africa's workers and the unemployed? When we look at how the Labour department is performing, there is some good, there is some bad and there is some really ugly.
This year the good, in our view, is the work of the Unemployment Insurance Fund, the CCMA and Nedlac. They are performing their functions well, and we get very little by way of complaint about their service generally, and the DA says well done. We always know that when my inbox gets full, the department of that particular entity is not working well.
The bad at this stage must be the Compensation Fund, Productivity SA and the Labour Inspectorate. Productivity SA is too small, and has too few real experts and staff in the field to make a serious difference to productivity in this country. They seem to lack the energy and clout to take the industry in general to the levels that we are seeing in country like Brazil.
The Compensation Fund is still in the doldrums, as my colleague has already pointed out in extensive detail. The Labour Inspectorate is languishing as it always has without vehicles, without uniforms and without a sufficient number of staff. Approximately 1 000 inspectors are required to police labour practices in every one of South Africa's mines, factories and offices.
And now, we come to the ugly. Of course, Mr Jimmy Manyi, the Director- General of Labour, has asked for more money from Parliament. To put it in perspective: together with the annual increase, the Labour department has proposed a budget of R1,8 billion, roughly. It is just less than R1,8 billion.
Mr Manyi, however, suddenly told the portfolio committee the other day that he needed an extra billion rand to run this department. He couldn't, at that point, give us the full details. Why not? Well, because his staff had never requested these large sums from Treasury. Only after he requested from us, as the committee, the additional billion, did he pressurise his staff in e-mails sent at the last minute to come up with budgets that they did not need. I will read an extract from all of these e-mails.
Colleagues
As you all know that I have asked for R1 billion from the fiscus as of 1 April 2010. Tina would have already written to all of you. However, I sit here with no response from anyone. I need to have a detailed requirement list by 12:00 on Tuesday, 23 March ... That's the next morning -
... to send to Parliament. The honorouble chair is waiting for it. Just to remind you: Labour Market Programmes R500 million Admin R300 million Public Employment Services R100 million IES R100 million ...
- and so on.
So, let's put this in perspective. He asks for another billion, then he tells his staff to create these budgets that equal another billion and then he expects Parliament to fall for this trick. Hon Minister, how is it acceptable to ask for additional money if you have no idea how it's going to be spent?
When the staff did agree to create these additional large budgets, our director-general didn't even check the details. He placed the document before Parliament, which I have here in my blue file, on Friday, 26 March, calling for an additional R1 billion to give to them to run the Labour department properly.
Of course, the supporting documents, also here in the blue file, have details of items totalling R900 million. So, in addition to everything else, this begs the question: Where is the missing R100 million? I mean, it's hardly lunch money that he has mislaid in the calculation. It says he needs a new computer system for R135 million. Why?
As pointed out by my colleague over here, the hon Makhubela-Mashele, he is committed to the Siemens contract of R1,7 billion for a further two years to supply both computer hardware and software. So, why does he need an extra R135 million suddenly? He says he needs R300 million for labour law reform and related costs. The most expensive lawyers and advocates in Sandton will not charge us R300 million in one year for legal fees to draft about three or four amendments. Although, the Minister now tells us he is going to change and amend all of the labour laws. So, I'll have to see what he intends.
Even if we include the public hearings, that's an astronomical amount - R300 million! The Labour portfolio committee members have been doing some research into Mr Manyi's figures and, quite frankly, it's a circus.
Let's begin with the financial year that has just ended. Mr Manyi asked the entities in the Labour department to economise owing to the poor financial and economical conditions. We agree with that.
He, however, does the opposite in arranging a lavish end-of-year party in a hotel in Irene, apparently, in December. He flies departmental heads from the four corners of the country to attend. The problem with this is that these same people were actually in Gauteng for meetings the week before, the Friday before that. Why couldn't the end-of-year function have been held then? The seminar apparently, I'm told, ended at three in the afternoon. No, Mr Manyi flies them up again a week later, just for a party, at the taxpayers' expense.
How much did it cost? I don't know. I've asked questions, and am still waiting for the hon Minister to answer the written parliamentary question in this regard. I don't know how much it cost. I would like to know.
Not only did Mr Manyi pay for the party out of last year's budget, but he also had to hand back approximately R50 million to the Treasury in unspent funds at the end of the financial year. [Interjections.] Parliament then increases his budget by a couple of percentage points to R1,8 billion, and now - now - after all that he wants us to add another billion rand to his budget. Why? Does he need more parties? Where is the end-of-year function going to be this year ... in the Bahamas?
We don't need the computers. We don't need the expensive lawyers. The amounts don't even add up to a billion rand; they only add up to R900 million in his table. How is this not lying to Parliament to get more taxpayers' money, to fly more staff, to bigger parties? And Mr Manyi - he is not here, I notice - the answer is a resounding "No to this request. As my father used to say, this is a case of "Gimme, gimme, gimme; my name is Jimmy". Thank you very much. [Applause.]
Chairperson, I should think we need to educate some of our portfolio committee members on how to deal with certain issues. They are talking from a position of comfort. That is where the problem is, particularly when it comes to labour brokers.
To sell a person is a sin. And to sell a person is no less than human trafficking. We believe, as this country, that we do not support that. So, we just want to warn some of these people that they want to enjoy some of the things that they are not supposed to enjoy. Nevertheless, we will come to them later.
A South African developmental state, whilst learning from the experiences of others, must be built on a solid foundation of South African realities. Did you hear "realities"? Whilst engaging private capital strategically, our government must be rooted amongst the people and buttressed by a mass- based democratic liberation movement.
Whilst determining a clear and consistent path forward, it must also seek to build consensus on a democratic basis that builds national unity. Whilst acting effectively to promote growth, efficiency and productivity, it must be equally effective in addressing the social conditions of the masses of our people and realising economic progress for the poor.
A national democratic society should be founded on a thriving economy, the structure of which should reflect the natural endowments of the country and the creativity that a skilled population can offer. It should be an economy in which cutting-edge technology, labour-absorbing industrial development, a thriving small business and co-operative sector, the utilisation of information and communication technologies, and efficient forms of production and management all combine to ensure national prosperity.
A national democratic society requires the deracialisation of ownership and control of wealth, including of land. Our land is still occupied by the minority. The majority of our people are still outside the boundaries of land. They are still sitting in places where they cannot even plant pumpkins. So that also needs to be ensured by the economy of this country. This society also requires the deracialisation of management and the professions.
A thriving economy in a national democratic society requires a market as efficient as possible, shorn of the racial and gender exclusions that characterised apartheid colonialism, and freed from the barriers to entry and competition that the economy endured under colonial capitalism. [Interjections.] You must join the ANC, so that you can understand our manifesto very clearly.
It will also require a state that is able to use its capacities to direct national development through fiscal redistribution, the utilisation of state-owned enterprises and effective regulation.
Social cohesion in a national democratic society will also depend on the extent to which the rights of those on the lower ranks of the socioeconomic ladder are protected. Such a society should proceed from the obvious premise that workers' rights are human rights. These rights should find expression in law-governed measures to ensure decent jobs, job security and a living wage. Through legislation and other means, the state should manage the environment for there to be fair and balanced relations between employers and employees.
With regard to Nedlac - the National Economic Development and Labour Council - Review of 1995 to 2006, the test of the use of state resources and the fiscus is the degree to which those resources actually advance the building of a national democratic society and its democratic institutions. Nedlac's review reveals the extent of Nedlac's contribution and that of social dialogue to the sustainability of the economic and social reform processes. Those who were speaking on that side were part of the formation of Nedlac, and they ran away. And now, they want to throw stones. Don't worry about them. They are worried about where they are now and they want to come back.
This has been no small feat if one considers that the country emerged from a culture of adversarialism and conflict. Within a relatively short period of time, Nedlac created a forum in which the social partners - labour, government, business and the community constituencies - have been able to build a level of trust and engage on a range of policy issues.
Nedlac's major achievements, the review argues, has been its cost-effective contribution to the sustainability of the reform process. This has deepened democracy, created new labour-market institutions and contributed to long- term economic and social reform.
This has been achieved through building an innovative institution in which social dialogue can take place on a multiparty basis. A comparison with social and economic councils in other countries revealed that Nedlac has evolved into a statutory multiparty negotiating body.
With regard to creating social capital, Nedlac - and through its predecessors the National Manpower Commission and the National Economic Forum - created networks of trust between different groupings of people and institutions. The review tracks how these networks were formed over a long period of time, and how social dialogue has extended beyond Nedlac to a range of other institutions. Nedlac has not only facilitated the building of other tripartite institutions, but also the emergence of innovative new policies and institutions.
When it comes to contributing towards economic and social reform, the review argued that despite the unilateral implementation of the Growth, Employment and Redistribution strategy in 1996, Nedlac played an important role in contributing towards a common economic vision, especially through its involvement in the 2003 Growth and Development Summit, and the formulation of policy in relation to trade reform, labour market policy, competition policy, the Masakhane campaign and financial sector reform. The hon Kganare is still pained by the fact that I was his treasurer before he crossed over to Cope.
As highlighted at the outset, there is general consensus that Nedlac remains a critical institution for promoting social dialogue, a key feature of our democracy. Coupled with this, the review argues that a new consensus is emerging internationally, primarily led by the International Labour Organisation in terms of the Geneva Consensus, which proposes that for globalisation to be fair and deliver on its promise of prosperity, it needs to be governed differently - in particular there is a need for more participation by stakeholders at international and domestic levels.
As part of building a network of similar institutions, Nedlac has also facilitated the emergence of innovative new policies and institutions. In 2002 Nedlac convened the Finance Sector Summit, which at the end led to the setting up of the Umzani account - you were not there - and an agreement to develop a financial sector charter.
The proposal, which had been initiated by the community constituency, agreed to set up a task team with community representation. Importantly, this Nedlac initiative led to discussions over the finance charter outside of Nedlac, including the Treasury. This led to the creation of the Financial Services Council which reports back to Nedlac every month.
In addition to building social capital in South Africa, Nedlac has had a significant impact on social dialogue regionally and internationally.
In terms of the key performance indicators of Nedlac, demands on Nedlac continue to increase albeit without the budgetary requirements. For example: we had a presidential jobs summit; growth and development summit agreements were achieved; the electricity crisis led to Nedlac developing the Electricity Accord of 2008; and now, in response to the global economic crisis, a framework has been reached at Nedlac with the negotiations being very successful.
The Medium-Term Strategic Framework raises a number of key strategic priorities for government going forward. Again, Nedlac will provide the platform to rally society behind these efforts. The government programme of action calls for the tried-and-tested approach to policy formulation, and Nedlac is just about the only institution in South Africa that has proved beyond doubt that it can unite social partners behind a programme of national importance. The Minister of Finance recently called for the development of a common vision, which will also be negotiated at Nedlac.
The current situation in the labour market policy chamber is that labour broking is one of the issues that the labour market policy workstream has prioritised in the period under review. Since the Labour Relations Act came into effect in 1995, there have been extensive changes in the South African labour market. Work has become increasingly diverse, with an increasing proportion of work being performed by workers in nonstandard employment.
The South African labour market has witnessed the growth of temporary employment services. The South African Constitution articulates that every employee has a right to fair labour practices. Furthermore, it protects the right of freedom of association.
Also, regarding all the debates that are taking place now in the country concerning labour brokers, we believe that the government will protect the people of this country against labour broking. This is because the Constitution of the country does protect the rights of the workers. The Constitution would never give a blank cheque to anybody to sell the nation for profit, if Comrade Papi would remember that. Thank you very much. [Applause.]
Order! Hon Minister, you have 15 minutes because, as I have been informed, your Ministry does not have a deputy. Usually executives are allocated 40 minutes, but you have 15 minutes of that time available to you. Hon Minister of Labour, you may begin.
Mhlalingaphambili, madiqale ngokubulela amaLungu ePalamente ahloniphekileyo ... [Chairperson, let me start by thanking the hon Members of Parliament ...]
Chairperson, on a point of order, please. [Interjections.] Chairperson ...
Is that a point of order?
It is a point of order.
It is a point of order on what?
I just want to ask the hon member to withdraw the reference to Comrade Papi. It is hon member Kganare. [Interjections.]
Hon Alina ... yes, agreed. Thank you very much. Hon Minister, continue.
UMPHATHISWA WESEBE LEZABASEBENZI: Mandiqale ngokubulela kumaLungu ePalamente ngenkxaso yawo noxa esinye iinkxaso zibe neendawo ezikrwelayo. Mandiqale kuMhlekazi uOllis ndithi mhlobowam ... (Translation of isiXhosa paragraph follows.)
[The MINISTER OF LABOUR: Let me start by thanking the Members of Parliament for their support, although part of that support was not satisfactory. Let me start with Mr Ollis and say, my friend ...]
Jy weet, jy is baie stout. Miskien is jy 'n agb stout seun. [You know, you are very naughty. Maybe you are an honourable naughty boy.]
However, I agree with you, hon member, that one of the people who were embarrassed by that action was me, more than you. I am usually very honest and frank. I actually asked him to come back to Parliament and apologise. You dare not make such an announcement without even the Minister knowing.
Ndicinga ukuba ingxaki yakhe kukuba ebesebenza kwaTiger Brands. KwaTiger Brands umntu usuka aphakame nje athi isonka masonyuke ... [Kwahlekwa.] ... kwaye ngengomso sonyuke isonka. [I think his problem is that he was working for Tiger Brands. At Tiger Brands a person will just stand up and say the bread price must increase ... [Laughter.] ... and the following day the price goes up.]
That is not how we work in government; there are processes that you follow. I am in charge of the department, and I shall remain in charge. So, he will have to come back and apologise. I have already told him so, even before you raised the matter, that he must come back here and apologise. He knows the consequences of refusing to apologise.
Maybe he is the father of Malema. [Laughter.]
Andizukuyiphendula ke leyo ngoba ufanele ukuba uyayazi ukuba sizalwa ngoomama abohlukeneyo. Kukho into endibona ukuba mandiyilungise kumalungu; phofu bekumele ukuba ayayazi le nto - ngakumbi kula eDA. Kukho imithetho emibini yembuyekezo. Kukho uMthetho wokuBuyekezwa ngokuLimala neZifo eMsebenzini, i-Coida, le iphantsi kwethu. Kukho lo kuthiwa, ODMWA, ephantsi kweSebe lezeMpilo. UMphathiswa wezeMpilo ebephendula into enxulumene naye. Akangekhe, unotshe, inkomo ingazal' umntu, ndifung' udade wethu uNomkhululi, aphendulele uMphathiswa wezeMisebenzi. Ebephendula phantsi koMthetho weZifo zokuSebenza eMigodini nakwiMisebenzi yoLuntu. (Translation of isiXhosa paragraph follows.)
[I am not going to answer that because you are supposed to know that we are from different mothers. There is something that I want to correct the members on; but they are supposed to know it - especially the DA members. There are two Compensation Acts. There is the Compensation for Occupational Injuries and Diseases Act, Coida, which is under our department. There is what is called ODMWA, under the Department of Health. The Minister of Health was responding to something in connection with it. He will never, never answer on behalf of the Minister of Labour; a cow can give birth to a human, I swear on my sister's name Nomkhululi. He was responding to the Occupational Diseases in Mines and Works Act as well as Public Works.]
That fund belongs to the Department of Health, sir. I thought I should just give you that little correction, and I hope that you have learnt something from that.
There is a second point that I thought I could not leave unattended. The hon member Willy Madisha ...
... namanye amaLungu ePalamente ndiyanicela. Fundani imithetho yezemisebenzi. Fundani uMthetho woNxibelelwano ngezoMsebenzi, uMthetho weeMeko ezisiSiseko zeNgqesho, MACROBUTTON HtmlResAnchor BCEA, neminye imithetho. Asikhange siqalise ukuyichaza i-"labour broker" kula mithetho. Ayikho phaya. (Translation of isiXhosa paragraph follows.
[... and I also plead with the other Members of Parliament. Read labour Acts. Read the Labour Relations Act, Basic Conditions of Employment Act, BCEA, and other Acts. We didn't mention "labour broker" in those acts. It's not there.]
It is not defined.
Ndicela ukuba amaLungu ePalamente ayazi into yokuba utata uMadisha wayesemncinci. UMthetho woNxibelelwano ngezoMsebenzi ka-1956, icandelo lama- 60 laloo Mthetho, A2 ezantsi; nguwo ke, Mhlekazi, ochaza yintoni i-"labour broker". Nguwo othi ... (Translation of isiXhosa paragraph follows.
[I plead with the Members of Parliament to understand that Mr Madisha was still young. Labour Relations Act of 1956, section 60 of that Act, A2 at the bottom; sir, it is the one which describes what a "labour broker" is. It is the one that states that ...]
... the labour broker's office means business in terms of which a labour broker - for reward - provides a client with persons to render service for the client, or procures workers for a client' but does not him- or herself provide the services required by the client, for which services or work such other persons are remunerated by such person.
Asinawo thina umthetho othetha nge-"labour broker". Yiyo le nto ndigqibe ukuba mandiniphathele lo mqulu. Andizokukunika kodwa. Rhali-rhali! [Kwahlekwa.] Funda qha wena.
Okwesibini, phaya eMthethweni kwicandelo le-198 kuthethwa ngeenkonzo zokuqeshwa okwethutyana. Ndicela ukuba ningayithathi njengeedimoni - ningazenzi ooSathana - iinkonzo zokuqeshwa okwethutyana nizidibanise nento engekho mthethweni. Le nto ye-"labour broker" sayiyeka ngabom mhla senza uMthetho woNxibelelwano ngezoMsebenzi.
Ilungu elihloniphekileyo uMadisha lalingekabi ngumongameli weCosatu, kodwa mna ndandiphethe wena ngelo xesha. [Uwelewele.] Wena wawuseyitishalana encinci. Sathi le nto ifuze ukuba yenza abantu amakhoboka. Salibaleka eli gama ngoba abanye bethu balikhangela nakwizichazi-magama, befunisa ukuba ingaba yintoni i-"labour broker". Sathi safumanisa ukuthi, lungu elihloniphekileyo Ngonyama, i"broker" ngumthengisi. Ngoko ke i-"labour broker" ngumthengisi. I-"broker" yeinshorensi ithengisa i-inshorensi. Kudala ndiyithetha ke le nto, andazi ukuba kutheni kungamanyelwa nje. (Translation of isiXhosa paragraphs follows.
[We don't have an Act that deals with "labour brokers". That is why I decided to bring this document to you, but I will not give it to you; you wish! [Laughter.] You must just read.
Secondly, section 198 of the Act mentions the temporary employment services. I plead with you not to take it as demons - don't become devils - and take temporary employment services as an illegal matter. We eliminated "labour broker" intentionally when we compiled the Labour Relations Act.
The hon member Madisha was not yet the President of Cosatu then, but I was your manager at that time. [Interjection.] You were a young teacher then. We said this might turn people into slaves. We didn't use this term because some of us searched for the meaning even in dictionaries, and wanted to know what a "labour broker" is. Hon member Ngonyama, we found out that "a broker" is a dealer. An insurance "broker" sells insurance. I've been saying this for a long time; I don't know why people cannot listen.]
It's a service that is sold.
It is not a service that is sold, sir. It is people that are sold.
No!
Oh yes, oh yes; it is selling people, sir. You may say it is law. It is fine; I agree with you if you say it law. That is precisely why we must amend it, so that it does not sell people anymore, so that we stop selling people within the law, as you are indicating. I am very happy. You may call it semantics, sir...
... uzakubona nawe ukuba ayizizo i-semantics. [... you will also see that it is not semantics.]
On page 25 of this - which has given us the majority in the country - I am reading it deliberately again, so that people understand that you must lose more and more votes ... [Laughter.] ... and vote more and more for the ANC, and not for you.
We have to address the fact that this is the problem, chief, and it's a very serious problem affecting rank and file workers of this country. And that is why you don't get votes from those workers. You probably get votes from the middle class. You don't get votes from this class, and they get tortured.
So, in my view, chief, we are going to attempt to repeal section 198 of the Labour Relations Act. We are going to do what we have been asked to do in this big red book here, sir, which I hope you have read - we now have four programmes.
We also have public employment services. We are required to table this Bill or, at least, it must be ready - the policy as the hon Madisha indicated - by September, and that is exactly what we are going to do. Everything that has to do with employment services is not going to be scattered all over. It is going to be in one law. According to section 189 of the International Labour Organisation, we have a choice between three areas. I am not going to bore you with the other two.
The one that I think will suit what our workers are complaining about is subsection (a), which simply says: cut out the middle man. So, we are going to cut out the middle man, and in South Africa we are going to have both public and employment services. So, we are not going to have this situation of the "bakkie brigade". We shall criminalise picking people up on the street corner. You will be taken to jail by any police officer that sees you picking up people on the street. I hope we will have the capacity to do so. Because, this law, sir ...
... lo Mthetho wakho wawuwenze kuba wawulungele nina ngela xesha lenu ... [... you made your law because it benefited you during your time ...]
... has penalties. In 1956 already, the penalty was already R2 000. What do you think the penalty is going to be in 2010?
Hambani niye kufunda laa Mthetho woNxibelelwano ngezoMsebenzi ka-1956. [You must go and read the Labour Relations Act of 1956.]
If it was R2 000 in 1956, what do you think the penalty is going to be now if you break the law?
Andikwazi nokuba uvelaphi ke wena. Ingathi ngewukhe uthule uvale umlomo wakho, umamele nje xa ndithethayo. [I don't even know where you come from. I think you should just keep quiet, shut up and just listen when I am talking.]
I agree with the FF Plus who said that poverty knows no colour. I want to say this again: Poverty knows no colour. That is why my President went to visit those white areas, because poverty knows no colour.
Ingxaki yakhe yena kukuba akawazi umngqusho omhlophe ongenambotyi, iketse. Akazange alale ngomrhaji, akazange kokwabo alale ngohlobo oluvala imbobo engena umoya. Ingxaki yakhe kukuba indlala uyifunde eyunivesithi. Mna andiyifundanga eyunivesithi indlala. Ndizalelwa kuQoboqobo mna, kwilali ekuthiwa kuseMzantsi, kwaye andikabinawo namanzi phaya elalini. Ndisaqubha edamini. Loo nto ibonisa ukuba asijiki kwinto yokuba masiphucule ubomi babantu kweli lizwe. (Translation of isiXhosa paragraph follows.)
[His problem is that he never ate white samp without beans, which is called "iketse". He never slept with umrhaji [a very old, ragged blanket], at his home he has never slept very close to the opening to block the wind from coming inside. His problem is that he only heard about hunger from university. I didn't learn about the hunger from university. I was born in Keiskammahoek, in Mzantsi village, and we don't have water facilities in our village even today. I still swim in the dam. That shows us not to change from the fact that we must improve the lives of the people in this country.] That is why ...
Nalapha eNtshona-koloni kunjalonje niza kuphuncukana nesa sikhundla kuba uHelen Zille uhamba yedwa. Nina anazi nokuba kubethwa abaphi. [Kwahlekwa.] Yiyo le nto siza kukwazi ukumdudula simlahlele phaya kude. Ndiyabulela kakhulu kumaLungu ePalamente ahloniphekileyo ngokusixhasa. Enkosi. Usasebenzisa izandla nangoku wena. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows)
[Even here in the Western Cape, you will lose that position because Helen Zille has no competition. You don't know what is going on. [Laughter.] That is why we will be able to overthrow her. I thank the hon Members of Parliament for supporting us. Thank you. You are still using hands, even now. [Applause.]]
Debate concluded.