INTERIM REPORT OF THE AD HOC COMMITTEE ON MATTERS RELATED TO EX-MINEWORKERS UNION, DATED 20 NOVEMBER 2007:

SUMMARY: This is an interim report of the Ad Hoc Committee on Matters Related to Ex-Mineworkers.

The report seeks to indicate progress that has been made since the establishment of the committee. It is not intended to be reflective of the views of the committee on the subject matter as the committee has not had sufficient time to synthesize the information that has been gathered so far. Moreover, there are other institutions; entities and agencies such as TEBA; the Mineworker’s Provident Fund that must still appear before the committee. The Eastern Cape department of Health could also be included to share information with the committee in terms of whether or not the Benefit Medical Examinations (BME) process is yielding any results.

The report attempts to present the main points of the submissions/presentations made to the committee by those who have already appeared before it, in order to give a sense of what the issues are - as articulated by the relevant persons and departments.

1. Background

The Ad Hoc Committee on Matters Related to Ex-Mineworkers was established on 11 October 2007, as a result of a resolution adopted by the House, on 19 September 2007, following the People’s Assembly in Mbhizana, from 17 to 19 September 2007.

In terms of that resolution the committee is mandated to investigate complaints received during interactions at the Peoples Assembly. Initially, the committee was required to report to Parliament on 31 October 2007 (ATC, 20 October 2007), but this was changed to 22 November 2007 (ATC, 25 October 2007) The complaints in the main centered around a belief by the Ex-Mineworker’s Union that certain government departments/offices were not honouring promises that were made relating to employment and social assistance benefits.

2. Meetings

In the process of investigating, the committee has held 7 meetings with stakeholders such as departments; organizations and individuals. These include the Office of the Speaker ( Adv. Cetywayo); President of the Ex-Mineworkers Union (Mr E Nomazele); Office of the Premier, Eastern Cape (Mr P Xotongo); National department of Health; Department of Labour; the Chamber of Mines and lastly but not least, the National Union Mineworkers (NUM)

Office of the Speaker

The information received from this office as articulate by Adv. Cetywayo revealed that the office first got involved in the matter in February 2006, mainly as a reaction to a letter that was written to the Speakers Office, threatening a protest on the day of the State of the Nation Address.

The information shared with the committee also revealed that the concern of the ex-mineworkers was around the diseases contracted by their members and the fact that the matter, which was raised with the Presidency, had not been given the attention they expected.

However, at a meeting subsequently held with them the issue seemed to revolve, as stated above, around the lack of responsiveness since a meeting held with the office in 2005. The second matter was the issue of lawfulness of individuals holding two positions such as Councillors who are Teachers.

The last point was that the view of Speaker’s Office was that the mineworkers be listened to although there would have had to be interaction with the Presidency before the matter could be taken up by Parliament.

2.2 President of the Ex-Mineworkers Union (Mr E Nomazele)

The presentation made by Mr Nomazele who claims to be the President of the Ex-mineworkers took the problem back to the 1987 strike. In his view NUM had ordered mineworkers to go home without being paid. This was one reason for them to suspect that NUM was had a hand in their woes. He mentioned a number of steps they took without success. These included taking their complaints to court, asking for assistance from organizations and high profile people. He conceded that a small amount of money was paid out to people by the Eastern Cape government. Yet, he complained that there was a misunderstanding around beneficiaries and that government must intervene using the traditional social set up of our families (e.g Omolokazana naba Ntakwethu etc.)

Mr Nomazele raised the issue of an amount of R54m due to mineworkers but was in his view stopped by the department of labour. To have them heard by government they approached the Presidency and staged a sit-in at the Union Buildings in Pretoria in 2006. He told the committee that, to disperse them, the Eastern Cape government promised to give them monthly food vouchers of about R840. That promise was never honoured. The Mbhizana People’s Parliament session was a good occasion for them to further express themselves. Mr Nomazele is also claiming that government and the National union of mineworkers are keeping an amount of R3m which is due to ex-mineworkers. This he said should be resolved.

2.3 Government

2.3.1 (Office of Premier, Eastern Cape)

Mr P Xotongo represents the Premier’s office in Mthatha and according to him the matter of the Ex-Mineworkers goes back to the time of Rev. M Stofile, who was Premier on the Eastern Cape.

He told the committee that the R54m was administered by the National Department of Health and that there were records of payments to people who were rightful claimants even though they were not members of the Union. This, he contended was the reason why the government list of beneficiaries and that of the Union do not match. He further told the committee that although money was available, the problem was that people were not traceable. He emphasized that the money was not being denied except that it would only be paid to proper claimants (these being those recognized by law and chamber of mine rules)

On the issue of food vouchers he said that a means test was applied and as result some people /names were disqualified as they appeared on the database of the Welfare Department but those whose names did not appear received the food vouchers. He rebutted the issue of monthly assistance as contended by Mr Nomazele, although he conceded on being queezed that such a promise was indeed made.

He also asked for the assistance of Parliament in reviewing the law.

Mr P Nyamfu joined the proceedings at this stage and was given an opportunity to address the committee. He represents a second group of mineworkers based in and around King Williams Town. They too at some point staged a sit-in, in the Premier’s Office.

Department of Health

The department first dealt with the matter of Ex-Mineworkers after 1994 through the office of the Compensation Commissioner for Occupational Diseases (CCOD) when the R54m million was transferred back to the CCOD. In the period 1994 to 1996 the department received incomplete records and when it received complaints a task team was formed consisting of the National & Provincial Departments of Health; Chamber of Mines; House of Traditional Leaders; Provincial Labour Office and NUM, to assist in attending to the problem of mineworkers. This was in August 2002.

In 2003 some information was captured from old files and a list of about 18 500 names was compiled. From this list all those who qualified were paid a sum of about R2 700 across the board, after approval by the Minister of Health, to about 11 200 people. This was in March 2003.

From the R54m - R30, 2m was used and, the balance is roughly over R20m.

From July to September the Compensation Commissioner of Occupational Diseases staff visited different regions of the Eastern Cape in an effort to trace possible beneficiaries (20m would be used for this)

Union members started to disrupt meetings, chasing away beneficiaries and destroying application forms, demanding interest on the R54m and exclusion of mineworkes from the then Ciskei.

By 2004 – Occupational Health Nurses took over the work of the CCOD, after they were trained, of identifying beneficiaries/claimants. The task team ceased to exist.

Again in 2005, the CCOD deployed staff after sit-ins were resumed.

The process of identifying eligible beneficiaries and claimants is on-going.

Department of Labour

The department confirmed the existence of the R54m, adding that it was available and was being paid to legitimate claimants. This being done by the department of Health and payments were continuing/done as and when documentation was presented.

Unemployment Insurance and Compensation for Injuries have been paid to legitimate claimants and are still being paid when relevant documentation was presented.

The department pointed out that it was communicated to the Union that payments can only be done within the confines of the law, further that payment would always be paid to those beneficiaries who presented the requisite documentation as proof that they or their dependants sustained injuries or diseases on duty.

The department assured the committee that the affected departments have always done all within the law to serve the group and would continue to do so.

It concluded by saying that government was willing and has put mechanisms and resources in place to continue servicing ex-mineworkers.

3. Chamber of Mines

The Chamber of Mines responded to the issues as raised by the Ex-mineworkers point by point.

a) Pension and Death Benefit (Mineworkers Provident Fund)

· This was only for people in service after 1989

· Was paid upon death, not on leaving service

· Covers death on duty + one year after service

· Funeral benefit: R10 000 (deceased employee) R5000 (spouse) R5000 - R2000 (children)

b) Non Payment of Provident Fund (only for people in service after 1989)

c) Long Service Awards (Administered by TEBA)

The committee was told that Ex-mineworkers Union had provided the 1970’s Provident Fund a list of names and employee numbers. And when the fund went through its records - 9 cases were found. Payments to these were paid.

d) Occupational Injuries and Diseases

· Injuries -These were paid by Rand Mutual Assurance (RMA) or in some cases in terms of COIDA.

· Diseases (MBOD and CCOD) Both fall under Health

e) R54m

This was the money paid by the old SA Government to the former Homeland governments for payment of compensation for occupational diseases to an estimated 11 500 ex-mineworkers. When the areas were incorporated into SA, the money had to be repaid. An amount of R54m was accounted for. However, records of mineworkers to whom the money applied were lost either in the offices of MBOD & CCOD. The Benefit Medical Examinations process would assist in getting the beneficiaries.

The meeting was also informed by the Chamber of Mines about a project for ex-mineworkers - to ensure that the required tests for occupational diseases are done so that ex-employees who are found to have occupational diseases are compensated. A sum of R42m has been set aside for this purpose and the project would be launched in various regions. The project would be rolled out over 5 years.

The National Union of Mineworkers and the Department of Health are assisting the Camber of Mines in this project.

The Committee also interacted with Secretary to Parliament, Mr Z Dingani, relating to his interaction with the Ex-mineworkers.

4. National Union of Mineworkers

The National Union of Mineworkers told the committee unequivocally that it does not handle compensation on behalf of anyone, that they do not act as a conduit for payments. However, they admitted/accepted that they do assist mineworkers in terms of the lodging of their claims.

NUM insisted that that their role was to raise the issue of the conditions under which mineworkers work by for example making recommendations to employers and/or influencing legislation. They also admitted to playing a role in the setting up of trusts and once these are then they become responsible for their own rules, as they are often independent bodies.

The National Union of mineworkers also revealed that in the evolution of the problem of Ex-mineworkers they were not in the picture in terms of who the Ex-mineworkers met and saw.

They pointed out that the 1987 strike was not just an industrial strike but became a political conflict in the Hostels particularly.

As for the R54m, they said that they have no intimate knowledge of this money adding that TEBA handled the monies of mineworkers.

5. Findings

The committee has not made any findings at this stage as it views the investigation as work in progress.

6. Challenges/Observations

The Committee notes that in terms of an e-mail correspondence between Hon. GQM Doidge and Mr T M Manele (01/10/2007), who was in his office, the committee should have been given a researcher, however, this was not followed through. Due to the complexity of the issue this capacity is glaringly absent/missing.

7. Recommendations

The Committee recommends that, whilst it understands the gravity and urgency of the concerns raised the House considers:

· Extending the deadline for the committee to report - to 31 March 2008.

· Providing adequate research assistance to the committee when it resumes its work in 2008.

Report to be considered.