Hon Chair, hon Ministers, hon Deputy Ministers, hon members, staff from government departments, esteemed guests, sometimes it is nice, once in a while, to vote "No".
"The future of our continent lies in the hands of Africans themselves." These were the words of Carlos Lopes, Executive Secretary, UN Economic Commission for Africa, during the panel discussion at the International Labour Conference, ILO, last week. He went on to say, and I quote:
... to successfully create the conditions for jobs, growth and social progress, the continent needs to have its own control of its own vision and narrative. We need a structural transformation of African economies to ensure jobs, growth and social progress. In South Africa, there is no confusion about that. The Freedom Charter is crystal clear on the vision of South Africa on workers' rights. It states in no uncertain terms the following: Firstly, there shall be a forty-hour working week, a national minimum wage, paid annual leave and sick leave for all workers, and maternity leave on full pay for all working mothers. Secondly, miners, domestic workers, farm workers and public servants shall have the same rights as all others who work. Thirdly, child labour, compound labour, the tot system and contract labour shall be abolished.
South Africa has a long history of suffering and injustice. These challenges are automatically transferred to the labour market. Our labour market is characterised by inequalities and by the large number of those trapped in working poverty. It is within this context that when we deal with labour market challenges we have to understand our history and the political climate within which we operate.
We also acknowledge that South Africa operates within a global village and that such an intricacy sometimes forces us to abandon our values and that which is morally binding to our cause. These amendments are a reflection of the fact that we operate within an environment where we have to nurture economic growth while at the same time establishing a sound protection system for the vulnerable workers.
This is the reality facing us today. In principle, the Basic Conditions of Employment Act is in line with the human rights values enshrined in our Constitution. It complies with most, if not all, of the core International Labour Conference conventions. However, as a dynamic piece of legislation, it requires some fine-tuning and realignment from time to time. The 2009 ANC election manifesto made a promise to the people of South Africa that it would introduce laws to regulate contract work, sub-contracting and outsourcing, address the problems of labour broking, and prohibit many abusive medieval tendencies and practices within this social system. Through these proposed amendments, we are living up to our promises that we made in 2009.
In the 2009 ANC manifesto, we undertook to make provisions to facilitate the unionisation of workers and the conclusion of sectoral collective agreements to cover vulnerable workers to ensure the right to permanent employment. The amendments in the Basic Conditions of Employment Amendment Bill do precisely that in response to the new environment on this front.
On this day in June 2013, Parliament welcomes the efforts of the ANC in introducing amendments to the labour laws in order to prohibit the inherently abusive practices in labour broking; to restore the dignity of our society in general and workers in particular; to create an environment where all workers not only feel that they are protected, but can also see and experience tangible protection; to create an employment environment that is free from any form of naked or super-exploitation and that ensures the complete eradication of all medieval practices within the profit-making system; and to eliminate instances where workers do not know who to cite when referring their cases to the Commission for Conciliation, Mediation and Arbitration, CCMA.
Cases of workers who have worked for many years without social benefits, including provisions for retirement and medical care, will soon become history. These amendments are flexible enough not to become an obstacle for addressing employment opportunities. The time utilised to consider amendments for finalisation bears testimony to that.
The Minister of Labour, the daughter of our soil, in pursuit of the ruling party's vision, tabled this amending Bill in Parliament. The Bill, in our view, seeks to address the gaps that have emerged since the last amendments; to effect alignment with the country's international obligations, as well as alignment with the relevant jurisprudence; and, most importantly, to strengthen the protection of vulnerable workers. I hope this House will be united in giving this Bill the right of passage as that will be the right thing to do. I thank you. [Applause.]