The Portfolio Committee on Labour has received a briefing on the powers of Parliament’s Committees and Members when conducting oversight. Advocate Frank Jenkins, Parliament’s Senior Legal Advisor, told the Committee that Members do not have powers to access the premises of private companies, nor do they have powers to access private homes.
“If one is a public official, the person is only allowed to do what is allowed in terms of the law. You must have a power to do something. In a Committee meeting, Members can call anybody in terms of their oversight responsibilities,” he said.
“In terms of the Basic Conditions of Employment Act, it allows for labour inspectors to monitor and enforce compliance and to enter a workplace (not a home). If it is not a home, you have a power to enter without a warrant and it maybe unannounced. Whilst there, the inspector has the power to question and to inspect. Members do not have that power,” Adv Jenkins said.
He said Members could not go unannounced as an individual or as part of a Committee. This power would have to be assigned through legislation. “It may be that the definition of an inspector is broadened to include Members of Parliament, but that is a policy question. The Constitution is clear on what Members can do, so when additional powers are given to Members, one needs to keep the Constitution in mind,” Adv Jenkins said.
The questions about Members’ and committees’ powers arose in April 2017, after Members of the Portfolio Committee on Labour encountered challenges when attempting to gain access to a business in the Western Cape during an oversight visit.
Advocate Jenkins said that there was no obligation on the employer to give Members access. However, Members could engage with employers’ associations or the bargaining councils on the matter.
Members expressed their appreciation for the presentation and sought further clarity on whether it was legally permissible for them to accompany labour inspectors when they go about their business. They also raised concerns about departmental officials informing people of oversight visits before they are conducted.
The Chairperson of the Portfolio Committee, Ms Lumka Yengeni, said that relying on labour inspectors denies Members the opportunity of uncovering first-hand the exploitation of the poor.
Committee Member Mr Michael Bagraim said sometimes the Committee is greeted with biscuits and coffee when making supposedly unannounced oversight visits.
Committee Member Mr Thembinkosi Rawula said it is important that there be a legislative process to allow Members to make oversight visits to private companies, as it impacted on the work of all parliamentary Committees. “It makes it impossible for the Committees to do their oversight work,” he said.
The Committee also received a briefing on issues raised during oversight visits to the Western Cape and KwaZulu-Natal. A delegation of leaders from KwaZulu-Natal did not arrive for a meeting with the Committee during the oversight visit and it is now scheduled to appear before the Committee to answer questions.
Ms Yengeni said that accounting to Parliament must be taken seriously.
Sibongile Maputi
18 May 2017
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