Chairperson, the fundamental changes made to the Labour Relations Act have kept the members of this parliamentary Portfolio Committee on Labour busy for a prolonged period of time. These amendments, in one respect, are important in substance, but in other respects also in elucidating the differing world views that exist with regard to the future of this country. Whilst all members of the committee may agree that we must strive towards building a prosperous future for the people of South Africa, we most definitely disagree on how this must be achieved.
Upon further analysis, two lessons can be gleaned from this legislative process.
Eerstens, dit is steeds die mantra van die ANC om alle probleme in die land aan te spreek met wetgewing, regulering en sentralisasie. Daar is natuurlik plek vir sinvolle en rasionele wetgewing in enige grondwetlike bedeling, maar die ANC sal moet besef dat oorregulering kontraproduktief is. Dit is nie 'n wonderkuur nie. 'n Regering wat te veel toue vir sy burgers span om sodoende hul gedrag te reguleer, kan so maklik self daarin verstrengel raak. Uiteindelik irriteer en frustreer die staat sy burgers, eerder as om 'n hulpmiddel vir ekonomiese groei te wees. (Translation of Afrikaans paragraph follows.)
[Firstly, it is still the mantra of the ANC to address all challenges of the country by way of legislation, regulation, and centralisation. There certainly is room for sensible and rational legislation in any constitutional dispensation; however, the ANC will have to realise that overregulation is counterproductive. It is not a panacea. A government that is using too many ropes to regulate the behaviour of its citizens can so easily get entangled in them itself. In the end the state is only irritating and frustrating its citizens rather than acting as a resource for economic growth.]
An example of such overregulation is the endeavour of this amending legislation to regulate labour brokers. The ANC, at the insistence of Cosatu, did try to ban labour brokers outright. Whilst this was somewhat successfully resisted by the opposition in that the ANC did in the end accept the three-month period of nonpermanent employment before an employee is deemed to be permanent, this will still have a stifling effect on employment in general. There is no evidence that informs this policy decision to curb the existence of labour brokers. The outright banning of labour brokers in Namibia, at least for a certain period, did not result in any increase in permanent employment in that country. So what is probably going to happen is that nonpermanent employment will continue in other forms as people desperately seek jobs in whatever form to survive.
In the end, it would have been better to have allowed the free operation of labour brokers, subject to industry regulation, where instances of abuse are systemic, like in the mining industry. Currently, as the law stands, labour brokers in noncontentious industries must apply for more freedoms, in contrast with the Constitution, which states that freedom of trade and occupation is a given and can only be reasonably restricted. So, the ANC has thus turned the logic on its head.
Tweedens is dit duidelik dat die ANC vir Cosatu ter wille is weens die komende verkiesing. Die weiering van die ANC om stemming toe te laat voordat 'n unie op 'n staking mag gaan, moet in daardie lig verstaan word. Die ANC moet egter kennis neem van Cosatu se kwynende steun en maar eerder afskeid neem van hierdie sosialistiese maatjie wie se beleid Suid-Afrika net op 'n verdere pad van ekonomiese stagnasie sal plaas.
Tyd sal nou leer of die slim wysigings wat aan die Wet op Arbeidsverhoudinge aangebring is wel werkskepping gaan bevorder. Ons by die VF Plus het egter ook al gesien hoe onbedoelde gevolge slim planne in die wiele kan ry. Dankie, Voorsitter. (Translation of Afrikaans paragraph follows.) [Secondly, it is evident that the ANC is obliging Cosatu as a result of the upcoming elections. The ANC's refusal to allow for voting before a union can go on strike should be seen in this light. However, the ANC should take note of Cosatu's dwindling support, and should rather bid farewell to this socialist friend whose policy will only place South Africa on a road to further economic stagnation.
Time will now tell whether or not these clever amendments to the Labour Relations Act will indeed promote job creation. However, as the FF Plus we have also seen how unintended consequences can bedevil clever plans. Thank you, Chairperson.]