Education and Recreation 2190 2.
The Bill has been referred to the Select Committee on Appropriations of the National Council of Provinces.
Government Notice No 401 published in Government Gazette No 34264 dated 5 May 2011: Area demarcated by Municipality of eThekwini as urban development zone, in terms of the Income Tax Act, 1962 (Act No 58 of 1962).
Government Notice No 421 published in Government Gazette No 34286 dated 12 May 2011: Exemption in terms of section 36, in terms of the Division of Revenue Act, 2011 (Act No 6 of 2011).
Government Notice No R.406 published in Government Gazette No 34272 dated 13 May 2011: Amendment of Schedule No 5 (No 5/92), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R.436 published in Government Gazette No 34294 dated 20 May 2011: Amendment of Schedule No 4 (No 4/340), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R.437 published in Government Gazette No 34294 dated 20 May 2011: Amendment of Schedule No 6 (No 6/22), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 501 published in Government Gazette No 34350 dated 8 June 2011: Notice in terms of Section 1 (iii) (f), in terms of the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).
Government Notice No R. 502 published in Government Gazette No 34350 dated 8 June 2011: Preferential Procurement Regulations, 2011 , in terms of the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).
Report of the Portfolio Committee on Water and Environmental Affairs on Proposed Water Tariff Increases for 2010, as adopted by the House on 18 November 2010.
Referred to the Portfolio Committee on Water and Environmental Affairs.
Petition calling for a moratorium on hydraulic fracturing, submitted in terms of Rule 312 (Mr G R Morgan).
Referred to the Portfolio Committee on Mineral Resources for consideration and report.
Report of the Portfolio Committee on Labour on the progress made by the Department of Labour towards attaining the 2014 Millennium Development Goals (MDGs), dated 21 June 2011 1.
The Portfolio Committee on Labour, together with other affected committees, received a directive from the House Chairperson: Committees, Oversight & ICT in February 2011 to report by the end of May or the first week in June 2011 on its interactions with the Department of Labour and/or its entities on the progress made towards achieving the MDGs. This report was, therefore, compiled in response to the above-mentioned directive.
MDGs in relation to labour policy and industrial relations.
On MDG 1, which is to eradicate extreme poverty and hunger, the department's target was to achieve full and productive employment and decent work and to halve the proportion of people whose income was less than 1 dollar per day. Of the 11,3% of people who were living below 1dollar per day in 2000, there had been a reduction by 5% in 2006. The poverty gap was 3,2% in 2000. This gap had since been reduced to 1,1%.
On MDG 3, which is to promote gender and equality and empower women, the department's target was to promote equity in the labour market. On MDG 6 which dealt with combating HIV and Aids, malaria, and other diseases and on MDG 8 which aimed to develop global partnerships for development, the department's target was to address the special needs of the least developed countries and to further develop and implement strategies for decent and productive work for youth in co-operation with developing countries.
In relation to MDG 3, which is to promote gender and equality and empower women, the key result area under this programme was to promote equity in the labour market. The inspection and enforcement services had implemented the Employment Equity Act since its promulgation by conducting inspections. Employment road shows have been undertaken to create awareness and assist employers in reporting.
On MDG 1, the key result area was the protection of vulnerable workers. Workers in the agricultural and domestic sectors have been identified as vulnerable workers for the department's intervention. Sectoral determinations which set minimum employment conditions and wages in these sectors have been promulgated and implemented.
On MDG 7, the key result area was to strengthen social protection. Occupational health and safety regulations were promulgated and implemented in line with the Occupational Health and Safety Act. The department was working with other government departments to ensure the protection of the environment and workers.
On MDG 1, the key result area under this programme was the contribution to employment creation. The target was to halve the proportion of people between 1990 and 2015 who suffered from hunger. As at December 2010, a total of 497 714 jobseekers were registered and placed in opportunities in different categories. A total of 401 479 jobseekers were referred for career guidance, work placement, and skills development. A total of 13 928 unemployed people were assessed for job opportunities and 1 294 were placed. Nineteen companies were assisted through the Department of Labour and the Department of Higher Education and Training with the lay-off scheme. A total of 6 351 workers benefited from the scheme. An amount of R681 000 was budgeted to address the plight of people with disabilities for the 2010-2011 financial year.
A total of 230 companies were assisted through workplace challenge programme.
Eighty three companies were assisted with turnaround solutions and future forums were established.
A total of 2 245 SMME managers were trained on management and matters related to intellectual property.
A total of 8 226 jobs were saved through social plan interventions.
At the end December 2010, 52 853 women were assisted to access employment services. In a quest to eradicate extreme poverty and hunger, 64 615 young people had been assisted to access the employment services.
Western Cape 486 2.
South Africa had increased the real wages of workers covered by sectoral determinations for the period 2001 to 2010, particularly the wages of domestic workers and farm workers. The employment in sectors covered by the minimum wage legislation also grew significantly over the same period. The overall employment of workers under the this legislation had grown at a rate of 2,9% per annum from nearly 3,5 million in 2001 to over 4 million in 2007. The extension of collective agreements to non-parties has yielded better outcomes. As a result of this, the average wage settlement has been 2% higher than the inflation rate. This indicated that the living standards of workers had improved. The lowest income of an unskilled worker in South Africa when compared to 1 dollar per day was 9 dollars per day. This implied that the lowest income for the lowest paid worker in the bargaining council system across all sectors was above 1 dollar per day.
On the top management level, women constituted 18,2% in 2008 and 19% in 2010.
On the senior management level, women constituted 28,3% in 2008 and 29,3 % in 2010. There was no major improvement, but there was movement in the right direction.
On MDG 6, which is to combat HIV and Aids, the technical guidelines were published in 2000 and 2001 respectively.
The progress in key areas like poverty reduction, employment creation and most health-related goals remained a challenge. The department wanted to improve national capacity to monitor and report on the MDGs. This would include strengthening the national statistics system.
The reason for companies to employ foreign nationals while the local people were unemployed.
Relationship between the MDGs and the APRM There could be a relationship between the MDGs and the APRM since they were speaking to each other. However, more work needed to be done in this regard.
Placing job seekers in real jobs The biggest challenge was that the majority of people had lower skill levels. Some jobs required specialised skills and people who were registered did not possess such skills. The challenge was not unique to South Africa. This was due to the fact that technology advanced everyday. Few jobs were available to accommodate people with lower skill levels.
Registered jobs A total of 7 300 people were formally placed in permanent employment. The large number of people with skills but without matric certificates were being placed mostly on extended public works-related jobs.
Specific area of focus by the Department of Labour The contribution of the Department of Labour towards the MDGs was a broader issue because it worked with other departments in achieving other goals. The Department of Labour contributed to a number of components at national, provincial and local levels.
Division of functions In terms of the Skills Development Act, functions were divided among the Department of Labour and the Department of Higher Education and Training. The training function was transferred to the Department of Higher Education and Training and the employment service function remained with the Department of Labour.
Preference for foreign employees Monitoring of and studies on the employment patterns would be required to establish reasons why companies preferred foreign workers. The Department of Labour had committed itself to study trends around this matter. There were meeting with SADC to discuss these matters because they affected international communities. Employers also worked with SADC regions to put measures in place to stop the exploitation of workers, irrespective of their nationality. International conventions had been drafted to address this challenge.
While the department was commended for a job well done regarding the sectoral determination for the protection of vulnerable workers, the Committee sought reasons why some companies in South Africa preferred foreign workers to local people. The Committee expressed concern at the fact that closing the wage gap was not yielding the results in terms of reducing poverty, that some South African companies were exploiting foreign workers and that South African workers were not benefiting from cross-border trade.
Much progress has been achieved in meeting the MDGs through the Department of Labour's programmes.
Unemployment benefits have contributed to reducing transient poverty among the retrenched and unemployed workers.
Public employment programmes have played a role in providing temporary employment, especially in times of economic stress.
Labour market policies can create an environment for job creation, productivity and wage growth. As a result, job creation/wage growth raises and smooths consumption and contributes to improved health status.
There is a need to support informal workers in the form of skills and access to markets to enhance their productivity.
Support to organisations of workers leads to greater empowerment.
Policies against discrimination ensure that women and the disabled have equal access to employment.
Labour inspection is an essential part of the labour administration system in carrying out the fundamental function of labour law enforcement and effective compliance.
In order to contribute towards this target, the Committee recommends that the Department of Labour must fast-track the review extension of social protection to certain categories of workers who are currently not covered by unemployment insurance. These include public servants, migrant workers and the youth registered for learnerships.
Furthermore, the Department needs to amend the relevant legislation to ensure that vulnerable workers such as domestic and farm workers were covered as beneficiaries in the Compensation Fund, as they are currently not covered by the Compensation for Occupational Injuries and Diseases Act (COIDA).
In light of the slow progress in meeting national targets to empower women within the workplace, the Committee recommends that the department must accelerate implementing stricter regulations as promulgated by proposed employment equity amendments.
Subsequent to decentralisation of employment equity enforcement services to the Inspectorate Services of the department, the department must ensure that inspectors are fully equipped, through training, to oversee compliance with employment equity targets.
The department must continuously strive to improve institutional capacity to prevent discrimination in the labour market. In doing so, it must ensure that the Inspectorate and Enforcement Services are capacitated as well.
The Committee recommends that the department must ensure that occupational health and safety regulations are promulgated and implemented through effective enforcement services.
The department must consider close partnerships with the private sector and the trade unions in promoting health and safety issues, especially on HIV/Aids.
Furthermore, the Departments of Labour and of Health should work together in advocacy activities and in sharing skills and strategies in responding to HIV/Aids in the workplace.
The Department of Labour must strengthen SADC regional partnerships, as relations within this region have a direct impact on South Africa's development. As such, Parliament must actively participate in regional forums that would have a direct impact on the country's labour policy development.
South Africa, being a labour-receiving country, should deliberate on migrant labour challenges and work towards reaching progressive agreements to address challenges faced by migrant workers in the SADC region, as this has a direct impact on the country's labour policy development.
Parliament must ensure that government delivers on decent employment in order to curb growing inequalities in society. Through oversight, Parliament should ensure that departments and entities align their programmes with the decent work agenda.
Through oversight, Parliament must ensure the institutional capacity of the Department of Labour to prevent discrimination in the labour market.
Although sheltered employment factories play a positive role in equipping disabled people, they have the potential to unnecessarily isolate individuals from the rest of their community. Rather than lessening obstacles to employment for persons with disabilities, this segregation actually contributes to lowered expectations and negative public attitudes. As a result, Parliament, through joint oversight by committees, should ensure that policies encouraging active participation of disabled people not only focus on sheltered employment, but also on employment in the mainstream economy.
Parliament must ensure that the Department of Labour monitors employment trends within the informal sector. It should further ensure that policies recognise and improve conditions in the informal economy, where most poor women and men earn their livelihoods, as these policies are critical to poverty reduction.
Through proper oversight and monitoring, Parliament must ensure that labour market policies can create an environment for job creation, productivity and wage growth. The Portfolio Committee on Labour must conduct oversight and hold joint meetings with other committees that fall under the economic transformation cluster, such as Economic Development, to ensure an alignment of employment legislation and other economic promotion strategies.
Parliament recognises the country's state of skills and that South Africa faces challenges of serious skills shortages in a number of critical fields. The Committee also acknowledges the work of government and other stakeholders in addressing these challenges. Furthermore, the Committee recognises that due to these challenges, certain employers actively recruit and hire foreign nationals to circumvent specific labour regulations such as minimum wages and other related regulations, as these foreign workers are desperate to accept below minimum standard employment conditions. As a result, South African citizens are regularly victims of this preference for non-citizens, which leaves them desperate for employment. As a result of this trend, the Committee intends to hold a joint meeting with the Portfolio Committee on Home Affairs to address issues relating to immigration and ensure that labour policy is aligned to immigration policies.
The Select Committee on Education and Recreation, having considered the subject of the Basic Education Laws Amendment Bill (B 36B - 2010) [National Assembly - sec 76(1)], referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 36C- 2010].