Cabinet approves amendments to Employment Equity Act
Phumla Williams |
09 September 2012
Moratorium lifted on processing of applications to explore for shale gas
Statement on the Cabinet meeting of 4 September 2012
7 Sep 2012
Cabinet held its ordinary meeting in Pretoria on 4 September 2012
1DECISIONS EMANATING FROM THE WORK OF CLUSTERS/LINE DEPARTMENTS
1.1 Lifting of the moratorium on the acceptance and processing of applications to explore for shale gas
Cabinet approved the report on shale gas exploration submitted by Minister of Mineral Resources from the technical task team convened last year. This is after the department imposed a moratorium on applications for exploration for shale gas in the Karoo.
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Cabinet endorsed recommendations of the report on the lifting of the afore-stated moratorium. Cabinet further mandated the Minister of Mineral Resources to hold a series of public consultation with interested and affected stakeholders to provide further details.
1.2 Tabling of the fourth United Nations Population Fund (UNFPA) country programme of support.
Cabinet noted the fourth United Nations Population Fund (UNFPA) country programme of support: 2013 to 2017 and supports its implementation.
The UNFPA has been providing support to the Government of South Africa since the mid-nineties.The goal of the proposed country programme is to contribute to the reduction of poverty and inequality, by:
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(a) Supporting interventions to improve the quality and utilisation of sexual reproductive health services, including maternal health, family planning and linkages to HIV prevention;
(b) Supporting programmes that are responsive to emerging population dynamics, with emphasis on women in urban informal settlements and rural women, as well as adolescents and unemployed young people;
(c) Advancing gender equality and reproductive rights; and
(d) Promoting regional development and international cooperation through South/South corporation.
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1.3 Ratification of the second revision of the Cotonou Partnership Agreement (CPA) between the Africa, Caribbean and Pacific (ACP) Group of States of the one part, and the European Community and its member States of the other part
Cabinet approved the Second Revision of the Contonou Partnership Agreement (CPA) between the Africa, Caribbean and Pacific (ACP) Group of States of the One Part. Cabinet also approved the submission to Parliament of the Second Revision of the European Community and its member States of the other part for ratification in accordance with Section 231 (2) of the Constitution of the Republic of South Africa.
The CPA provides South Africa with a number of advantages in terms of political engagement and the furtherance of South Africa's foreign policy objectives. This is done through the enhancement of North-South cooperation, as well as South-South cooperation.
In terms of the South-South cooperation, the CPA provides for members of the 79 nation ACP group to meet and discuss issues of common concern, including matters relating to trade, investment and sustainable development (including climate change, food security and other matters relating to peace and security).
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Under the North-South Cooperation, the CPA provides for members of the ACP and the EU to come together and discuss areas of concern, again surrounding areas of trade, investment, climate change and food security as well as peace and security matters.
1.4 Hosting of the 2012 Champions League T20 (Cricket)
Cabinet approved the hosting of the 2012 Champions League T20 (Cricket) Tournament in South Africa from 9 to 28 October 2012 in Cape Town, Centurion, Durban and Johannesburg.
The national governing bodies for amateur and professional cricket in India, Australia and South Africa developed the Champions League T20 (CLT20) to enable exposure in each of the countries to international sporting events.
The 20-over format, currently the most popular form, will draw huge crowds to watch the games.
1.5 12th Commission for Employment Equity (CEE) Annual Report
Cabinet noted the contents of the 12th Commission for Employment Equity (CEE) Annual Report.
The main purpose of the report is to reflect on progress made in terms of implementing the Employment Equity Act in order to promote diversity and equity in the workplace by eliminating unfair discrimination and implementing affirmative action measures.
The report highlights that there are relatively good signs in terms of professionally qualified/middle and skilled technical junior management levels, but much more attention is needed to improve the representation of black people, in particular African females, in the two uppermost levels i.e. top and senior management levels. In addition, more attention is needed in terms of improving the representivity of people with disabilities and women in the workplace.
The report also highlights that pockets of employers across various sectors are progressing well in terms of achieving their employment equity targets and goals contained in the Employment Equity Plans that were approved by the Director-General of Labour.
Public Sector progress on employment equity appears to be much better than that of the private sector.
1.6 Child Labour Programme of Action (CLPA) Report
Cabinet noted and approved the CLPA report.
The Child Labour Programme of Action (CLPA) is South Africa's roadmap to the prevention, reduction and eventual elimination of child labour which affects an estimated one million children in the country.The CLPA serves to focus and guide the efforts of an array of government departments and civil society groups, including business organisations, labour federations and organisations serving the interest of children.
The key elements of the Child Labour Programme of Action are:
Targeting the implementation of government and other stakeholders' programmes and policies on poverty, employment, labour and social matters more effectively in areas where the work children do has serious negative effects on them
Promoting new legislative measures against worst forms of child labour
Strengthening of national capacity to enforce legislative measures; and
Increasing public awareness and social mobilisation against worst forms of child labour.
The CLPA includes a core set of indicators for monitoring the programme and address child labour.
1.7 Domestic Workers Convention, 2011 and Domestic Workers Recommendation, 2011
Cabinet noted the newly adopted International Labour Organisation (ILO) instruments on Domestic Workers Convention, 2011 and the Domestic Workers Recommendations, 2011.Cabinet approved that South Africa ratify the Domestic Workers Convention, 2011.
Government recognises the importance of this convention and the need for decent work for all.The necessary legislative amendments will be made in due course to give full effect to the implementation of this Convention.
1.8 Ratification of the Maritime Labour Convention, 2006 and the Convention of Work in the Fishing Sector, 2007
Cabinet approved the ratification of the Maritime Labour Convention, 2006 and the Convention on Work in the Fishing Sector, 2007.
The ratification of the Convention will provide for improved conditions for decent work in the maritime sector ensuring that fisheries have decent conditions of work on board fishing vessels.
1.9 Marikana Tragedy
Cabinet received a report from the Inter-Ministerial Committee on the Marikana Tragedy. Cabinet noted the report and further expressed appreciation of the work done by the committee. Cabinet called on all parties to continue to work together to resolve the outstanding issues.
2 BILLS APPROVED
2. Geomatics Professional Bill, 2012
Cabinet approved the submission of the Geomatics Profession Bill, 2012 to Parliament.
The Geomatics Profession Bill, 2012 seeks to provide a mechanism to accelerate the transformation of the surveying profession in a manner which would serve the interests of both the profession and the public. The objectives of the Bill are:
to make provision for principles related to the profession, a more representative professional council
registration of persons in various categories of the profession
recognition of voluntary associations
professional conduct and
appeals and various general matters, including transitional arrangements.
2.2 Sectional Titles Amendment Bill, 2012
Cabinet approved the publication of the Sectional Title Amendment Bill, 2012 for public comments.
The Bill seeks, amongst others, to:
(a) amend certain definitions to bring the Sectional Titles Act, 1986 (Act No.95 of 1986) in line with the more recent legislative developments
(b) regulate the issuing of a certificate of registered sectional title in respect of a fraction of an undivided share in a section
(c) make provision for the cancellation of part of a section of common property pursuant to an expropriation
(d) regulate the alienation of a portion of land on which a real right of extension or part thereof is registered and
(e) make provision for the issuing of an affidavit for purposes of amending, substituting, repealing or adding to the rules applicable to a scheme.
2.3 Deeds Registries Amendment Bill, 2012
Cabinet approved the publication of the Deeds Registries Amendment Bill, 2012 for public comments.
The Bill seeks to amend the Act so as to:
(a) provide discretion in respect of the rectification of errors in the name of a person or the description of property mentioned in deeds and documents
(b) provide for the issuing of certificates of registered title taking the place of deeds that have become incomplete or unserviceable
(c) substitute an obsolete reference
(d) substitute an outdated heading
(e) delete reference to the repealed Agriculture Credit Act, 1966
(f) further regulate the updating of deeds in repealed Agriculture Credit Act, 1966
(g) further regulate the updating of deeds in respect of the change of names of companies, to close corporations and the surnames of women and
(h)amend definitions.
2.4 Employment Equity Amendment Bill, 2012
Cabinet approved the submission of the Employment Equity Amendment Bill, 2012 to Parliament.
The Amendment Bill enacts a series of amendments to South Africa's principal labour lawThese are the first amendments since the Employment Equity Act was enacted in 1998.
The proposed amendments to the Act deal with a number of developments, in particular the alignment of labour law with the international labour standards, i.e. Conventions 100 and 111 and to strengthen the implementation and enforcement mechanism of the Act.
3. CABINET APPOINTMENT
Cabinet approved the following appointment:
3.1Mr Christopher Joas Hlekane was appointed Chief Executive Officer of the South African Post Office (SAPO) for a period of five years.