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Briefing to the Portfolio Committee on Labour

Briefing to the Portfolio Committee on Labour. 17 May 2017. Brief. Legal rights of Members of the Committee to access workplaces during an unannounced oversight visit.

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Briefing to the Portfolio Committee on Labour

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  1. Briefing to the Portfolio Committee on Labour 17 May 2017

  2. Brief • Legal rights of Members of the Committee to access workplaces during an unannounced oversight visit. • Past experience has been such that at various workplaces the Committee delegation has struggled to gain access, due to the fact that there was no prior appointment. • Prior appointments defeat the whole idea of an oversight as some employers try to clean-up their house and paint a totally different picture, creating an impression that everything is well and good at the workplace. • Unannounced visits catch them unawares and present a true picture of what is happen in everyday life of the employees. • In some cases, the delegations have experienced that illegal immigrants working at these workplaces have been told to stay at home when these visits are announced. A lot of other compliance issues have also been introduced just a few days before the visit.

  3. Principle of legality Any exercise of public power is subject to the principle of legality, which is an incidence of the rule of law. In Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council 1999 (1) SA374 (CC) the Constitutional Court held that: “It seems central to the conception of our constitutional order that the Legislature and Executive in every sphere are constrained by the principle that they may exercise no power and perform no function beyond that conferred upon them by law”.

  4. Sources of Powers • Constitution • Legislation: e.g. Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act • Rules

  5. Powers of House or committee • Houses or committee may summon a witness to appear before it to require any person or institution to report to it • Witness may be placed under oath • Witness under oath enjoys privilege except in respect of a charge of perjury concerning the testimony

  6. Basic Conditions of Employment Act Chapter 10, Part A - Monitoring and enforcement S63 - Labour inspectors appointed by Minister S64 – Promote, monitor and enforce compliance - may conduct inspections S65 – Powers of entry a workplace that is not a home without notice or warrant. S66 – Powers to question and inspect

  7. Summary • Committee may summon any person and question that person under oath • Committee does not have the power to enter workplaces without consent of person in control of area • Power to enter and inspect workplaces assigned to labour inspectors • Committee members would require similar powers given to labour inspectors should they want to enter and inspect without notice • THE END

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