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It is three weeks since I started as Minister of Labour on 18 July 1998 and therefore I am pleased to make public my programme of action. Before I could outline my programme, I need to address the current industrial disputes and conflicts in certain sectors of the economy.

1. The Current Labour Conflict

We have witnessed a wave of high profile strikes in the past few weeks. These have caused a great deal of anxiety and concern to the public.
* Our constitution recognises the right to strike as a fundamental human right in the Bill of Rights. The Labour Relations Act, 1995 was created to enable more orderly collective bargaining and to regulate the right to strike.
* Since the introduction of the new legislation there have been moves towards more orderly collective bargaining far fewer unprocedural strikes and improved dispute resolution including in relation to wage negotiations. This is as result of the activities of the CCMA as well as the procedures that are clearly set out in the LRA.
* I have received an extensive report from the CCMA on activities including assisting parties to settle disputes, drafting of picketing rules and intervening where tensions are high and is in regular touch with the CCMA. We are satisfied that the CCMA is properly carrying out is statutory duties in relation to strikes.
* We must condemn all unprocedural actions particularly acts of violence taken by the parties in the course of their disputes. The law provides adequate avenues to deal with disputes and strikes in a procedural way. I acknowledge that this is a time when tensions run high, but call on all parties to exercise restraint.

I have through the department instructed the CCMA to seriously consider the following two options:
* advise the parties to approach the essential services committee as a matter of urgency for a determination in terms of Section 73 of the LRA in order to facilitate an agreement on the supply and distribution of petroleum whether these are essential or not
* consider invoking Section 150 of the LRA to bring the parties to the table in light of the possible term to the economy.

2. Programme of Action

In the short term the programme of action will cover activities intended to complete work that was advanced at the time of assuming my duties,

This will include the following:

3. The Labour Relations Amendment Bill

A number of urgent amendments are required to Labour Relations Act to deal with the following problems:
* Case and management problems of the CCMA owing to the unexpected high volume of disputes
* The phasing out of the Industrial Court
* The preservation of pension and provident funds and medical aid schemes functioning in terms of collective agreements when bargaining councils are dissolved.

4. Employment Equity Bill

The Employment Equity Bill is currently before Parliament and we aim to finalise it by the end of this Parliamentary session.

5. Skills Development Bill

The Public hearings on the Skills Development Bill will take place on the l 8th and 19th August 1998. The original Bill has been split into two: A money Bill which has been referred to the Minister of Finance for tabling in Parliament and the Skills Development Bill.

6. Basic Conditions of Employment Act

As you are aware, certain sections of the Basic Conditions Employment Act came into operation on the 21St March 1998 on Human Rights Day. I am committed to ensuring that the rest of the Act comes into operation before the end of the year as it contains important improvements for vulnerable workers in our country. The investigation of the possible impact that the Act might have on small business has been completed by Ntsika and I am awaiting a comprehensive report which I will release to the public. Should it be necessary to effect amendments to address possible negative consequences to small business, I will ensure that this is done.

7. Presidential Jobs Summit

As far as the Presidential Jobs Summit is concerned, all stakeholders have submitted and tabled their documents. A Technical Committee has been established to consider the inputs submitted by the four constituencies. The supervisory structure consisting of senior representatives from the four constituencies overseas and manages the preparatory process towards the Jobs Summit.

The medium to long term programme is intended to cover areas that will be the highlight of my term in office. These will be high in priorities as I interact with stakeholders. I will also be arranging a series of consultation with key social partners to discuss with them the issues that I would address during my period at office.

8. Labour Market Policy

It is important that there be a clear understanding of the governments' policy approach to the labour market. The range of policies and legislation published by government has not been linked in any clear manner to a clear comprehensive policy framework. In order to clarify our position therefore, I will be releasing the governments' comprehensive labour market policy in due course.

9. Promoting Productivity

The challenge of raising productivity is one of the central features of our economic strategy. Unless our economy is competitive, the struggle to improve the quality of the lives of our people, to promote employment and economic growth will be hard to win. Raising productivity of labour and capital plays a central part in improving the country's competitiveness.

The National Productivity Institute (NPI) is an important vehicle in this regard. It is for this reason that the restructuring of the NPI starting with the reconstitution of the Productivity Advisory Council, such that it is representative of the main stakeholders. Through this new body we will proceed to consider a process of restructuring the NPI. The transformation imperatives are informed by the following:

* It is generally recognised that a key and strategic organisation such as NPI needed to be restructured and repositioned such that it would contribute maximally to economic transformation .
* The NPI functioned without a properly constituted Productivity Advisory Council as required in terms of the NPI's Articles of Incorporation. As initially constituted the PAC would not have met the requirements of representativeness that would meet the new socio-political and economic environment.
* The NPI's activities tended to focus more on consultancies undertaken for private sector enterprises as opposed to concentrating on activities that had a greater social benefit as would befit a publicly funded body.
* The NPI staff is not adequately representative.

The new PAC must reformulate the programme of activities and the structure of the NPI in line with the new vision and recommendations. They must develop a programme to raise awareness on productivity amongst stakeholders nationally with a view to enhance economic growth and development. This will find concrete expression in a national campaign to be launched in due course. I will convene a special session with the PAC to look into these matters.

10. Occupational Health and Safety; Compensation

In 1996, the economy lost an estimated R17 billion, which forms 3.5% of the GDP as a result of accidents and fatalities in the workplace. The number of people injured was over 200 000 and fatalities were 508 for the year 96/1997 according to the Compensation Commissioner s report. This state of affairs with the high accident and fatality rates is totally unacceptable.

I will be putting great emphasis on the preventative strategy. The objective will be the prevention of occupational diseases and accidents, rather than dealing with their consequences. The reduction of occupational diseases and accidents will greatly reduce hundreds of millions of rands paid annually to victims of work-related accidents and diseases. It will also reduce the pressure placed on our limited health services.

An awareness campaign to prevent and reduce accidents in the workplace will be launched soon on a pilot basis. This will be a multi-media campaign targeted at selected industries. Like Construction, Transport, Agriculture and Chemical. We will also be initiating partnership between employers and workers through training programmes so that they play an important role in promoting a safe and healthy work environment.

The poor state of affairs in the area of occupational health and safety is further worsened by the lack of co-ordination between government departments dealing with health and safety issues. It is thus a matter of priority that a national co-ordinating body be established as soon as is practically possible. I will soon be approaching relevant ministries to ensure that the process to establish a National Occupational Health and Safety Council to address the fragmentation, is speeded up.

11. Restructuring the Unemployment Insurance Fund

I will be discussing on the immediate restructuring of the institution of the Unemployment Insurance Fund with a view to eliminating management and administrative inefficiencies inherent in the institution. Fundamental to the restructuring process is the immediate review of the Unemployment Insurance Act of 1966, and setting out a definite timetable for the conclusion of the process leading to new Unemployment Insurance Fund legislation.

Critical amendments to the Unemployment Insurance Act will have to be introduced to deal with the following aspects:

*  Strengthening the requirements for legislative compliance and allowing greater discretion in the enforcement of the law both by inspectors and fund officials.
*  Introduction of measures to improve employee access, financial viability and management accountability
*  Shifting the focus to re-employment through linkages to job placement, career counselling and training
*  Re-organisation of the management and administrative structures to increase organisational efficiency
*  Ensuring the full involvement and accountability of the Fund's stakeholders through the UIF Board.

In the short to medium term, policy proposals on the restructuring of the Fund will be developed, in the form of a policy discussion paper, to pave the way for new legislation.

I will also be publishing amendments to the Unemployment Insurance Act, 1966 (Act No. 30 of 1996) to provide amongst others, improved maternity benefit payments.

Ministry of Labour
For further information, contact: Samantha Henkeman
Cell: 0828891517

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