Keynote address by the Honourable Minister of Department of Employment and Labour employment standards conference

Leadership of Organised Labour:Mr. Solly Phetoe: General Secretary of COSATU
Mr. Zwelinzima Vavi: General Secretary of SAFTU
Mr. Nkosinathi Thwala: FEDUSA
Mr. Sipho Ndlovu: NACTU
The Acting Director General of DEL: Mr: Viwe Mlenzana
The Inspector-General: Ms. Aggy Moiloa
Chief Directors and Directors 
Distinguished guests and speakers, 
Inspectors from all the provinces

Ladies and gentleman

Good morning to you all!
This is the first Employment Standards Conference that I address as the Minister of Employment and Labour following my appointment by the President in the 7th administration. Therefore, I am truly honoured to be here today especially in the midst of our foot soldiers, the real heroes and heroines of our Department. 

Let me express our gratitude for your dedication and efforts in advancing the mandate of the Department of Employment and Labour through the work you do on inspection and enforcement services and thereby advancing the priorities of Government and the country.

In the thirty years since the dawn of our democracy, our Government, standing on the shoulders of giants like Oliver Tambo, Nelson Mandela and other Leaders, has remained steadfast in its commitment to the upliftment of the Working Class. The establishment of Trade Unions as crucial allies has been central to our efforts in advancing worker rights, ensuring that the voices of the working masses are not just heard but are instrumental in shaping policy.

The Statement of Intent of the Government of National Unity (GNU) was characterised by among others principles of transparency, accountability, integrity and good governance. 

These are the principles we have fully embraced as the Department as we embark on the execution of our strategic objectives. The work of IES embodies these principles in their entirety as expressed through the work of inspection and enforcement.

This has been evident in the sense that in the recent weeks we literally have occupied the space in the media. Yes, we were topical, and for all the right reasons. We made some shockwaves in the Hospitality sector after a relentless spate of coordinated national raids that saw us conducting 2681 national high impact coordinated blitz inspections in just 4 days. 

We were able to enforce over R10 million Rands, in just four days, most of which were penalties on behalf of the vulnerable workers. The outcome of those inspections is surely but a tip of an iceberg of the noncompliance patterns in these problematic sectors. Sadly, the high levels of the uncooperative attitude towards authority or discipline in the workplaces remain stubbornly high. It is our action and resolve that will change this stubbornness and as we do our work - we will definitely see improved compliance!

Our actions serve as deterrent to wrong doing hence the work of IES is very important. As you may know, the Employment Laws that are mostly flouted include those of:

•  Occupational Health and Safety;
• Compensation of Injuries and diseases Act;
• Unemployment Insurance Act
• Basic Conditions of Employment Act and 
• National Minimum Wage Act.

It is therefore, important that we do not bask in the glory of success we have witnessed in the past few weeks but build on such and create more successes. The demand for our services is growing by the day as we know that the celebration of our 30-year-old democracy is bitter sweet given that a great number of the working community is exposed to hazardous working conditions. In most instances, there is a total disregard of employment standards. 

There is a deficit in Decent Work.  I will be failing in my duties if I do not ensure that our Department is as responsive to these cries as possible- in fact it is expected that each and every one of us should go beyond the call of duty!
The role of our Inspection and Enforcement Services is critical in safeguarding workers' rights, ensuring compliance with labour laws and upholding fair practices. 

This priority speaks directly to the need for enhanced capacity in our labour inspectorate, ensuring that the protections afforded by our laws are implemented on the ground. 

As we strengthen these systems, we reinforce our Department’s institutional capacity to meet its mandates effectively. Once more, the Honourable President underscored the necessity of improving compliance rates in the labour market, which are essential to protecting workers and upholding their rights.

It is for this reason that I have issued a directive to increase the tally of inspectors by adding 20 000 interns during the MTSF period.

We are seized with a mammoth task of changing the trajectory of our economy into one that resonates with the resolve of the GNU to nudge actions that will advance three strategic priorities:

• To drive inclusive growth and job creation, 
• To reduce poverty and tackle the high cost of living, and
• To build a capable, ethical and developmental state.

I am particularly pleased that we have the leadership of Organised Labour in our midst. I am keenly looking forward to their messages to this conference. 

We are a Department that values feedback and opinions, particularly from our service recipients. I believe that such feedback would be a value add as we move towards an improved service delivery in the inspectorate.

Ladies and gentleman, having glanced through your well organised program and line up of speakers, I am looking forward to engaging with you at this important gathering of practitioners, academics, managers, leaders of the trade union federations and other stakeholders. Collectively, we have a very powerful group of critical actors and thinkers within the South African Labour Market gathered in one place.  

This provides us a unique opportunity to have a meaningful dialogue, enter into constructive debates and share knowledge with each other, with a view to ensuring that our Department’s mandate is significantly enhanced. According to Peter Drucker: “The most important thing in communication is hearing what is not being said”. We can only decipher the unspoken words through effective listening, not only with our ears, but also with our hearts and souls. I urge you as inspectors to master the art of empathy, as you interact with our clients.

The enactment of progressive labour laws has fortified workers’ rights extensively. Over the past thirty years, transformative labour laws have strengthened workers’ rights and improved working conditions. Key among these are: The Labour Relations Act, 1995 (Act No. 66 of 1995) established a comprehensive framework for labour relations, providing workers the right to organise and engage in collective bargaining.

It also created the Commission for Conciliation, Mediation and Arbitration (CCMA), a critical mechanism for resolving labour disputes efficiently and equitably.  The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) set minimum standards for employment conditions across vital areas such as working hours, leave entitlements, and the termination of employment, thereby ensuring fundamental fairness and security for all workers.

The Employment Equity Act 1998 (Act No. 55 of 1998) aimed at promoting economic development and social justice. This act addresses and seeks to rectify past discriminatory practices in the workplace by requiring affirmative action measures to ensure equitable representation of black people, women, and persons with disabilities.

One of the most transformative achievements in Government has been the implementation of the National Minimum Wage through the National Minimum Wage Act 2018.  This was introduced to address the stark inequalities that have long plagued our nation. The National Minimum Wage has benefited approximately six million workers, lifting many out of poverty and fostering a more inclusive economy. This policy underscores our belief that economic justice is essential for the stability and prosperity of our nation.

The role of unions in a free South Africa has been a testament to the indomitable will of the South African people. The growth, strength and influence of Unions play an indispensable role in advocating for worker’ rights and ensuring that the economic gains of our country are shared amongst all its people.

Ladies and gentleman, as we gather here at this important Employment Standards Conference coinciding with 30 years of our democracy, we reflect on our journey over the past thirty years. The path has been fraught with challenges, yet our commitment to the workers of South Africa has never wavered. Government reiterates its pledge to continue the struggle for economic freedom, to ensure that every worker receives a living wage, and to fight for the rights of all South African workers, including the working poor, indigent and unemployed.  

In unity and solidarity, we march forward, inspired by our past victories and undaunted by the tasks that lie ahead. Let us continue to strive for a democratic, free, and fair South Africa where every worker’s contribution is valued and their rights are fiercely protected.

South Africa has a large number of acute Labour Market problems such as:

• Low levels of job creation due to, inter alia, low levels of economic growth, low levels of elasticity between economic and employment growth and low quality of skills of the economically active population.
• Weak ability of the labour market to absorb the unemployed into employment owing to a sluggish economic growth, a preference of potential employers for capital instead of labour, a fairly inflexible labour market and low quality of skills of the economically active population.
• Low real compensation growth because of weak job creation, the inability of the economy to absorb the unemployed and low levels of entrepreneurship, contributing to high levels of poverty and inequality.
• Many jobs which traditionally should be filled by the non-tertiary qualified, being done by the tertiary qualified giving rise to the lower than optimal absorption of the non-tertiary qualified. This is due to the skills quality and skills mix of the labour supply only matching labour demand to a limited extent.

It is therefore imperative for Labour Inspectors to protect the gains of Government in order to advance Social Justice.  They play a critical role as DEL’s foot soldiers in ensuring that employment and labour legislation are complied with; thereby contributing towards the transformation of the South African Labour Market.

In conclusion, last week the Department embarked on a 3day strategic planning session to align our work with the MTDP priorities of government. At this gathering, I have outlined the 7 priorities under which our renewed efforts should focus on in the next five years which are the following: 

1.  Strengthen regulatory capabilities of the department 
2. Coordination of employment interventions within government through collaborations, partnerships and co operations 
3. Good Corporate Governance
4. Improved service delivery
5. Strengthen the institutional capacity of the Department
6. Massify the marketing of the departmental services and Programs
7. To advance the new employment mandate of the Department, we are going to focus more on the establishment of PPPs with government, business, labour, international agencies and civil society.   

These priorities will guide the focus of the department and inform the day to day work of every employee of the DEL as we strive toward excellence and high standards in the execution of our mandate.

To whom much is given, much is equally expected. So much is expected of us and ours is to simply rise to the standard of the occasion!

I there declare this Employment Standards Conference open and wish you all the best in your deliberations.

I THANK YOU.