COIDA Bill: finalisation; with Deputy Minister

Meeting report

Opening Remarks by the Chairperson

The Chairperson opened the virtual meeting, greeted Members and the support staff. She requested the Secretary take a roll call.

The Secretary noted the attendance of Members, as well as Adv. Nathi Mjenxane, Parliamentary Legal Advisor, Mr Thobile Lamati, Director-General of the Department of Employment and Labour, introduced the Deputy Minister and delegates from the Department. Guests introduced themselves.

The Chairperson indicated there are two issues that she has to reflect on. One is that the ANC Whip of the Committee has been redeployed and Mr M Nontsele (ANC) was appointed as the Whip. The second matter relates to the late submission of reports and presentations. The quarterly performance presentation of the Department was circulated to the Committee, on the previous day, and this is unacceptable. How did the Department expect Members of the Committee to go through the report in a meaningful way? She asked the Department to kindly adhere to timeframes on submissions. Members did not have much time to consider the presentation contents. The first- and second-quarterly reports on the performance of the Department will not be discussed during this sitting.

Mr M Nontsele (ANC) accepted the postponement on the quarterly performance presentations of the Department and Ms C Mkhonto (EFF) seconded the motion.

The Committee decided that the performance reports should be postponed discussed at an appropriate time.

Deputy Minister's Overview

The Deputy Minister greeted the Committee and acknowledged the presence of the Director-General of the Department. Se extended an apology from the Minister, who was attending a special Cabinet meeting. She apologised for the late submission of the presentation of the performance reports. This hampers and can compromise the work and the democracy of the oversight role of the Executive. The report was done on the last Friday and had to be amended and adopted by the management. The Department takes full responsibility and apologises for the delay. It is no excuse, but the Committee should consider the implications of the current COVID-19 pandemic. The Department was called to work on an expended scale regarding occupational health and safety as well as the provisioning of Unemployment Insurance Fund (UIF) benefits linked to COVID-19. The Department had to cut back on set targets to focus on expended work that does not reflect in the report. The Department had to increase online service to expose the new areas being addressed. It developed a plan to address the shortcomings in quarter one, which contributed positively to quarter two. The Compensation for Occupational Injuries and Diseases Amendment Bill forms part of the national security system to support and protect workers on their vulnerable points. The amendments put forward are to ensure inclusivity and to strengthen legislation.

The Chairperson excused the Deputy Minister and her team for the late submissions.

Adv. Mjenxane introduced the Compensation for Occupational Injuries and Diseases Amendment Bill and explained that it will be conducted clause-by-clause. He indicated that words that are in bold font and enclosed in square brackets are omitted from the Bill, and those that are underlined are the new insertions. The long title of the Bill will be dealt with after the reading of the Bill clause-by-clause.

Consideration of the Compensation for Occupational Injuries and Diseases Amendment Bill

Clause One

The Committee adopted clause one.

Clause Two

The Committee adopted clause two.

Clause Three

The Committee adopted clause three.

Clause Four

The Committee adopted clause four.

Clause Five

The Committee adopted clause five.

Clause Six

The Committee approve clause six.

Clause Seven

The Committee adopted clause seven.

Clause Eight

The Committee adopted clause eight.

Clause Nine

The Committee adopted clause nine.

Clause 10

The Committee adopted Clause 10.

Clause 11

The Committee adopted Clause 11.

Clause 12

The Committee adopted Clause 12.

Clause 13

The Committee adopted Clause 13.

Clause 14

The Committee adopted Clause 14.

Clause 15

The Committee adopted clause 15.

Clause 16

The Committee adopted Clause 16.

Clause 17

The Committee adopted Clause 17.

Clause 18

The Committee adopted Clause 18.

Clause 19

The Committee adopted Clause 19.

Clause 20

The Committee adopted Clause 20, with rejections from the DA and FF+.

Clause 21

The Committee adopted Clause 21.

Clause 22

The Committee adopted Clause 22.

Clause 23

The Committee adopted Clause 23.

Clause24

The Committee adopted Clause 24.

Clause 25

The Committee adopted Clause 25.

Clause 26

The Committee adopted Clause 26, with objections from the DA and FF+.

Clause 27

The Committee adopted Clause 27.

Clause 28

The Committee adopted Clause 28, but the DA and FF+ rejected it.

Clause 29

The Committee adopted Clause 29.

Clause 30

The Committee adopted Clause 30.

Clause 31

The Committee adopted Clause 31.

Clause 32

The Committee adopted Clause 32.

Clause 33

The Committee adopted Clause 33.

Clause 34

The Committee adopted Clause 34.

Clause 35

The Committee adopted Clause 35.

Clause 36

The Committee adopted Clause 36.

Clause 37

The Committee adopted Clause 37.

Clause 38

The Committee adopted Clause 38.

Clause 39

The Committee adopted Clause 39.

Clause 40

Clause 41

The Committee adopted Clause 41.

Clause 42

The Committee adopted Clause 42.

Clause 43

The Committee adopted Clause 43, but the DA and FF+ rejected it.

Clause 44

The Committee adopted Clause 44.

Clause 45

The Committee adopted Clause 45.

Clause 46

The Committee adopted Clause 46.

Clause 47

The Committee adopted Clause 47.

Clause 48

The Committee adopted Clause 48.

Clause 49

The Committee adopted Clause 49.

Clause 50

The Committee adopted Clause 50; the DA rejected the clause.

Clause 51

The Committee adopted Clause 51, but the DA and FF+ rejected it.

Clause 52

The Committee adopted Clause 52.

Clause 53

The Committee adopted Clause 53; the DA and FF+ rejected the clause.

Clause 54

The Committee adopted Clause 54, but the DA and FF+ rejected it.

Clause 55

The Committee adopted Clause 55.

Clause 56

The Committee adopted Clause 56.

Amendment of section 90 of Act 130 of 1993

Clause 57

The Committee adopted Clause 57.

Clause 58

The Committee adopted Clause 58.

Clause 59

The Committee adopted Clause 59, 93A – 93G.

Clause 60

The Committee adopted Clause 60.

Clause 61

The Committee adopted Clause 61, but the DA and FF+ rejected Clause 61.

Clause 62

The Committee adopted Clause 62.

Clause 63

The Committee adopted Clause 63, but the DA and FF+ rejected it.

Clause 64

The Bill was put forward to the Committee, and adopted with objections on clauses 20, 26, 28, 43, 51, 53, 54, 61 and 63 by the DA and FF+.

Report of the Portfolio Committee on Employment and Labour on the Compensation for Occupational Injuries and Diseases Amendment Bill [B 21 – 2020]

The Committee adopted the report, with objections by the DA and FF+. The objections on the clauses and the report are based on the fact that it extends restrictive labour legislation.

Concluding Remarks

Ms C Mkhonto (EFF) sought clarity on the objection of the report, by the DA and the FF+.  The report indicated the activities conducted by the Committee and, if rejected, it is deemed as not a true reflection.

The Chairperson explained that the report reflected discussions on the Bill. This will be tabled if the report is adopted. Political parties will unpack in detail if there are objections when debated in the House; the report will then be accepted or rejected.

The Chairperson said that this was a long but necessary session. She thanked all Members for their tolerance and commitment.

The meeting was adjourned.