Parliament’s legislative function: What role does Nedlac play?

The National Economic Development and Labour Council (Nedlac) was established through an Act of Parliament in 1994; one of the first Acts of the democratic government. Government entities often consult with Nedlac on issues concerning labour and economic development, so what role do they play in policy development and the legislative process?

People’s Assembly caught up with Nedlac Executive Director, Alistair Smith.

He explained that as a statutory body Nedlac brings together representatives from government, organised labour, organised business and the community to consider all socio-economic and labour policy and legislation.

“Nedlac is South Africa’s apex social dialogue structure. Nedlac aims to promote consensus between the social partners on policy and legislation. In doing this, Nedlac plays an important part of the policy and law-making processes in south Africa that seeks to complement Parliament’s legislative and policy processes through social dialogue,” Smith said.

According to the National Economic Development and Labour Council Act, Nedlac must consider all proposed Labour legislation relating to labour market policy before being introduced in Parliament. Additionally, it must consider all significant changes to social and economic policy before being implemented or introduced in Parliament.

When asked whether their policy or legislation-related suggestions are taken on board by MPs and government departments, Smith responded, “Government is an active partner in all Nedlac’s policy and legislative engagement processes. Policy and legislation is therefore revised by government on the basis of consensus that is reached at Nedlac, prior to submission to Parliament.

Parliament however has the sovereign right to determine on any policy and legislative issues, whether or not there is agreement from all social partners.”

Asked if there we any challenges with the current set up, Smith said, “Nedlac’s performance in respect of issues that are tabled for engagement has improved dramatically, including in respect of turnaround times for engagement processes. This is in no small part due to the commitment of social partners. Constituency representatives participating in engagement processes do so in addition to their daily jobs. This, combined with the increasing complexity of the issues being negotiated at Nedlac is putting possible capacity strains on all the social partners.”

A draft Protocol for Strengthening the Relationship with Parliament has recently been submitted to government, and awaits sign-off from the Deputy President.

Over and above being a platform for business, labour and government to enter into dialogue, People’s Assembly wondered whether civil society is represented at Nedlac.

“The community constituency serves in Nedlac’s Development Chamber. The organisations that represent the community constituency [include] SANCO, Women’s National Coalition, SA Youth Council, Disabled People of South Africa, National Cooperatives Association of South Africa and the Financial Sector Campaign Coalition,” Smith said.