South African Minister of Labor Hard at Work

Mildred Oliphant, South African Labor Minister, has addressed the escalating tensions between workers and bosses. She is serving at a time of profound economic crisis., a photo by Pan-African News Wire File Photos on Flickr.

Jul 16 2013 4:38PM

Minister hard at work

Minister of Labour Nelisiwe Mildred Oliphant will speak about current developments in the labour sector at the BHP Billiton Skills Development Summit. As a preview of what to expect, Evans Manyonga conducted an exclusive interview with her.

South Africa has entered into a critical time known as ‘the collective bargaining season’. It is no secret that we have been experiencing great turbulence in industrial relations. The Ministry of Labour has a central role in mitigating the reverberations that have been felt across the sector and it is a role that has left Minister of Labour, Nelisiwe Mildred Oliphant, with her hands full.

Oliphant was appointed Minister of Labour in November 2010. She has been a member of parliament in either the National Assembly or National Council of Provinces (NCOP) since 1994. During that time she has chaired a number of committees, including the parliamentary portfolio committees on public services and land and environmental affairs.

A member of the ANC’s provincial executive for KwaZulu-Natal since 2008 and treasurer of the ANC Women’s League in that province, Oliphant also served on the provincial legislature and as a provincial ANC whip. She has been active in the Congress of South African Trade Unions (Cosatu) for many years, and served as local treasurer and shop steward for the South African Commercial, Catering and Allied Workers’ Union (SACCAWU).

She looks back fondly on the time when she was involved in governance. “My career has involved provincial government, parliament and now I am a member of the executive. It has been incremental and along the way I have picked up valuable lessons that have given me a better view and hold of the national portfolio that I now hold,” she says.

Her current position as the Minister of Labour differs significantly from her previous roles, as it deals with issues of national importance at a time when upheavals and unrest are the order of the day in the labour relations sector.

However, Oliphant is well equipped and ready to steer the ship. “My involvement with the labour movement has armed me with the necessary knowledge and skills to undertake the work I do as the Minister of Labour. We pointed out in the budget vote that the face of labour relations has changed. You now get so-called worker committees entering into negotiations with management. That situation is untenable because it breaks the very tenets of the labour laws that are in operation in this country,” she says.

“This is the situation I find that I have to deal with almost on a daily basis, over and above other requirements and obligations for the Minister of Labour. But I must say the challenge is worth it, as I took an oath to serve all the people of the republic and this is an idea that does not change and will not change,” she adds.

The state of skills development in South Africa has been an issue of contention. Various stakeholders have unanimously pointed out that more needs to be done, and Oliphant is in agreement with this assertion. She points out that South Africa has a shortage of skills within the various sectors.

These are mainly in the artisan and specialised skills sectors. In addition she notes that there are various specific industry shortages. Her ministry has set up measures to ensure that these skills shortages can be adequately addressed.

“The Department of labour through the Unemployment Insurance Fund has realised this important issue and that is why we have been involved with the various sector education and training authorities through the Department of Higher Education and Training to fund projects for skills training.

We are contributing to the skills training in mining engineering, artisanal skills such as welding, fitters and many more. There has, unfortunately, been a shift in our country where people want to all be professionals and it seems we have tended to ignore the industry skills that really drive the economy.

Motor mechanics, panelbeaters, fitters and related fields are critical in driving the economy.”

The ministry is also involved in training layoff schemes to help companies that might want to retrench staff and re-skill so that they can reabsorb their employees in different roles.

Oliphant believes the ministry is currently gearing adequate support for the labour industry at large. To that end they are constantly in touch with various industry leaders and have also been closely involved with the mining sector in partnership with their sister department, the Department of Mineral Resources.

“We have piloted and pushed through a peace framework in the Rustenburg area and the mining industry in the main has been grateful for the role that we have played.

Post Marikana, the department continues to help deal with the lingering issues from that unfortunate incident. That is why we are also going to convene a stakeholders conference to re-look at the environment of collective bargaining which has now been turned upside down.

“There are many other engagements in the background that we are part of and actively deal with as a department. We also played a critical role in dealing with the recent problems in the farmworker industry. So all in all, we are thoroughly and actively involved with industry in partnership with other players,” she says.

Another subject close to Oliphant’s heart is the current high level of unemployment in South Africa – one which she concedes gives her sleepless nights. She argues that unemployment is more than just the lack of a job or income, but also leads to feelings of worthlessness and depression.

“Our role is to create an environment that is conducive to the creation of jobs and this is what we are doing. The current proposed changes to legislation are a further attempt to deal with this. But we also say that just because you have rampant unemployment, workers should not be abused and mistreated. You find people who have been working for ten years without any form of pension or medical cover. When they leave, they leave as they came – with nothing.

Decent jobs are important in as much as we want to see to it that a lot more people are employed.”

At this critical point it has not all been plain sailing for the versatile minister. The changing face of labour relations, issues of unemployment, the drive to bring more vulnerable workers like domestic workers and farmworkers into the social protection net and ensuring an environment of decent work have all proved to be strong challenges.

However she has been taking it in her stride and is trying to do as much as is humanly possible to adequately address these issues.

“We have driven conventions from the International Labour Organisation (ILO) of which we are a signatory in order to realise the dream of decent jobs for many of our people. But everyday has its own set of learnings, challenges and opportunities and I am grateful that I have a team that is alive to these challenges and with them we drive the kind of changes that we want to see,” she says.

The ministry recently proposed changes to the labour laws. Oliphant notes that the main objective of these amendments is to regulate contract work and sub-contracting, to address the problem of labour broking and to prohibit certain abusive practices in relation to labour broking. The bill that has been adopted by the National Assembly contains, among others, amendments to dispute resolution processes. As recent events in the platinum mining sector have shown, at times the ministry has to go beyond the law to find solutions to some of the difficult labour relations challenges they presently face.

Oliphant notes that the amendments to the Basic Conditions of Employment Act (BCEA) responds to the growing informalisation of work in the labour market and aligns the BCEA with the Labour Relations Act (LRA) in addressing labour broking.

“The amendments also seek to bring the provisions relating to child labour in line with international standards and to strengthen the mechanisms for enforcement of basic conditions of employment, including wages.

“At a time when our labour relations are under pressure in a number of areas, the amendments to the BCEA should help to avoid exploitative practices and ensure decent work for all workers. The amendments to the BCEA should strengthen the legal basis for ensuring decent work in the South African labour market,” says Oliphant.

The minister believes that the proposed changes will not only make it easier to do business but will also provide the necessary protection for workers and the labour industry at large.

“It is necessary to point out that there has been wide consultation with all the social partners – organised business and organised labour, there may be other areas of contestation but ultimately this has been put forward by consensus,” she says.

Oliphant says the private sector could do more to positively contribute to the state of skills development and unemployment in South Africa. “The private sector is reportedly sitting on large amounts of cash that can be used for re-investment in the economy. If they do that, there will be clear needs of where we need to strengthen the skills set and in consultation with SETAs, DHET, we could not only contribute to a better skilled country but also arm millions of young people with skills and jobs.”

All is not gloom and doom as far as the South African labour sector is concerned. Oliphant feels that the current labour sector regime was agreed and negotiated by the citizens and therefore if they believe things need to change then it will also be up to them to make it happen. Above all, with the steps that have been put in place by the ministry she believes things will change for the better.

“The conference that we will hold later in the year will deal with the challenges of collective bargaining. This is just one of those attempts at re-looking at our labour sector negotiating framework. In this country we believe in social dialogue and we have been cited as an example of how to go about fashioning a social contract that cuts across all the parties in the labour movement.

“My objective is for an environment that makes it possible for the country to progress, create jobs and contribute to a better life for all of our people. After all, this is the ticket that brought the current ANC administration into power and we strive everyday to implement change and make a difference,” she concludes.

Evans Nyasha Manyonga