TUESDAY, 20 JUNE 2000 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 09:00.

The Deputy Chairperson of Committees took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

                          NOTICES OF MOTION

Mr K MOONSAMY: Chairperson, I give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes -

   (a)  the alarming rate at which HIV/Aids infection in our country and
       the region is increasing;


   (b)  that young people are most vulnerable to HIV/Aids infection; and


   (c)  that the message of the 16 June celebrations this year was about
       HIV/Aids awareness;

(2) believes that the continued spread of the disease amongst our people will have adverse economic and social consequences for our country;

(3) calls on young people to -

   (a)  abstain from sex; or


   (b)  be faithful and condomise; and

(4) calls on all South Africans to defend the rights of those living with Aids unconditionally and to develop a culture of caring.

[Applause.] Mr M J ELLIS: Mr Chairman, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DP:

That the House -

(1) notes -

   (a)  the promise of the Minister of Safety and Security, Steve
       Tshwete, on 14 June 2000 that he would ``sort out'' the conflict
       between bus and taxi organisations by 16 June 2000; and


   (b)  that another bus driver has died since the deadline for his
       promise expired;

(2) expresses its concern at -

   (a)  the inability or unwillingness of the law enforcement
       authorities to provide protection to bus drivers and commuters
       on the Cape Flats; and


   (b)  the arrogance of the Minister who continues to believe that
       empty promises are sufficient protection for violence-wracked
       citizens; and

(3) calls on the ANC Government to stop sacrificing the lives of bus drivers in their cynical efforts to undermine the Western Cape provincial government.

[Interjections.] [Applause.]

Chief M W HLENGWA: Mr Chairperson, I give notice that on the next sitting day of the House I will move on behalf of the IFP:

That the House -

(1) notes the departmental reorganisation by the government of KwaZulu- Natal, creating a Department of Traditional and Local Government Affairs;

(2) congratulates the premier and the provincial government on this reorganisation which will ensure a far better distribution of skills and resources to the benefit of rural areas and, in particular, the traditional communities;

(3) congratulates the Department of Traditional and Local Government Affairs on its proposals to improve and upgrade traditional courts and provide greater support to traditional structures; and

(4) urges Eskom and Telkom to work in co-operation with the department to ensure that traditional courts gain access to electricity and telephone connections to ensure that they operate with maximum effectiveness.

Mr Z KOTWAL: Chairperson, I give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes -

   (a)  the sterling work done by our Government in developing an
       appropriate policy framework and institutional mechanisms for
       the development of our youth; and
   (b)  the work done by the National Youth Commission and the SA Youth
       Council;

(2) believes that efforts by our Government to empower young people are preparing this generation for a leadership role in a democratic country;

(3) calls on young people to utilise the opportunities created for the youth by Government departments and the National Youth Commission; and

(4) calls on departments to make information on youth development available to young people.

[Applause.]

Mr J DURAND: Chairperson, I hereby give notice that on the next sitting day of the House I will move on behalf of the New NP:

That the House -

(1) notes the loss of life and violence that the unrest in the transport industry is causing in the Western Cape and its devastating effect;

(2) urges the ANC in Parliament not to make partisan statements that can only fuel the conflict;

(3) demands that the ANC national Government gives the Western Cape provincial government the requested assistance to bring peace and stability to the region; and

(4) urges Golden Arrow not to close shop, as this will lead to unemployment for many.

[Interjections.]

Mr C T FROLICK: Mr Chairman, I give notice that on the next sitting day of the House I will move on behalf of the UDM:

That the House -

(1) expresses concern that Umtata Airport has been blacklisted as the worst in South Africa; (2) notes that -

   (a)  pilots are continuously warned of animals and people moving on
       runways; and


   (b)  the airport's weather and other essential information are often
       inaccurate or untrustworthy;

(3) acknowledges the severe impact the state of the airport has on tourism to the Wild Coast and the economy of the region in general; and

(4) calls on the relevant authorities to upgrade the Umtata Airport immediately in order to prevent tragic consequences and the possible loss of life.

Mrs T P SHILUBANA: Chair, I give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes that the ANC has declared the year 2000 the Year of the Dawn of the African Century; (2) believes that in order to realise our vision of an African century, we need to pursue amongst our youth a culture of oneness with our fellow Africans and ensure that we are all part of the solution of one another’s problems; and

(3) calls on all youth formations to pursue south-to-south relations and participate in continental youth formations.

[Applause.]

Mr L M GREEN: Chairperson, I give notice that on the next sitting day of the House I shall move:

That the House -

(1) notes -

   (a)  that the case of the UK-based mining company Cape PLC and 3 000
       South African asbestos-poisoning victims was put before the
       House of Lords in London yesterday;
   (b)  that the victims are claiming damages of 100 million pounds,
       with each claimant expected to claim about 50 000 pounds; and


   (c)  that the publicity given to the case is having a negative impact
       on the share price of Cape PLC; and

(2) urges the management of Cape PLC to endeavour to reach an out-of- court settlement with the victims as soon as possible, because the delays are causing undue hardship to the affected victims and their families.

Mr P H K DITSHETELO: Chairperson, I give notice that on the next sitting day of the House I shall move on behalf of the UCDP:

That the House -

(1) expresses its -

   (a)  concern at the ongoing revelations of corruption in South
       African cricket; and
   (b)  disappointment in the former captain of the South African
       cricket team, Hansie Cronjé, who has betrayed his country and
       loyal cricket fans; and

(2) registers its opposition to the offer of indemnity from prosecution made to Cronjé, when those guilty of corruption should be prosecuted as an example to other youngsters in sport who may be tempted by similar offers.

Mr J P CRONIN: Chairperson, I give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes -

   (a)  that today, 20 June 2000, marks the 50th anniversary of the
       passing of the infamous Suppression of Communism Act in the Old
       Assembly Chamber; and


   (b)  that this Act was used against communists and noncommunists and
       was the first in a barrage of repressive laws and administrative
       actions, including the banning of the ANC and PAC 10 years
       later;

(2) believes that the 1950 Act was directed principally against members and supporters of the Communist Party of SA, including several MPs serving at the time, not, in the first instance, because of their communism, but because of their consistent nonracialism; and

(3) therefore resolves to commit itself to ensuring that never again will Parliament in South Africa be allowed to pass repressive laws, or in any way to diminish political tolerance and the space for free debate.

[Applause.]

Mr T D LEE: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DP:

That the House - (1) notes the racist statements by ANC Minister Steve Tshwete in Grahamstown on Youth Day where he accused whites of deliberately stalling transformation;

(2) expresses its concern that a Cabinet Minister should abuse Youth Day to promote division and conflict rather than reconciliation and national unity; and

(3) hopes that no taxpayers’ or ratepayers’ money was abused by the ANC and Minister Tshwete for his travel and accommodation or the organisation of the meeting.

Mr M D MSOMI: Chairperson, I give notice that on the next sitting day of the House I will move on behalf of the IFP:

That the House -

(1) notes that -

   (a)  the current subsidy structure of Eskom makes it economically
       unviable to make electricity connections to residences in
       sparsely populated rural areas; and
   (b)  those living in such areas are amongst the most marginalised of
       our society and have seen the least benefits from our new
       democratic dispensation;

(2) recognises that those living in rural areas have equal right of access to utilities such as Eskom; and

(3) therefore calls on Government to reconsider reviving the agency agreement with Eskom and to review the subsidy structure to ensure that those in sparsely populated rural areas are able to gain access to electricity.

Mr A J FEINSTEIN: Chair, I give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes the recent bomb blast at a restaurant in Sea Point, which was the sixth such incident in the Atlantic suburbs in the past seven months; and

(2) resolves to - (a) condemn such cowardly acts in the strongest possible terms;

   (b)  call on the SAPS and Intelligence Services to intensify their
       efforts to bring the perpetrators to book; and


   (c)  call on all security forces to take urgent steps to ensure the
       safety and security of all the people of the Atlantic suburbs.

[Applause.]

Mnr H A SMIT: Mnr die Voorsitter, ek gee hiermee kennis dat ek op die volgende sittingsdag namens die Nuwe NP sal voorstel:

Dat die Huis -

(1) kennis neem -

   (a)  van die wêreldwye positiewe kommentaar oor Denel Naschem se nuwe
       reeks swaarkaliber-ammunisie wat van vandag op die Eurosatory-
       wapenskou in Parys, Frankryk, bekend gestel word;


   (b)  dat die Assegaaireeks-ammunisie binne 18 maande ontwikkel is; en


   (c)  dat sodanige ontwikkeling volgens wêreldstandaarde normaalweg
       tussen drie en vyf jaar duur; en (Translation of Afrikaans notice of motion follows.)

[Mr H A SMIT: Mr Chairperson, I hereby give notice that I shall move on the next sitting day on behalf of the New NP:

That the House -

(1) notes -

   (a)  the worldwide positive comments on Denel Naschem's new range of
       heavy-calibre ammunition which will be on display at the
       Eurosatory Weapons Show in Paris, France, as from today;


   (b)  that the Assegai range of ammunition was developed within 18
       months; and


   (c)  that, according to world standards, such development normally
       takes between three and five years; and]

(2) congratulates Naschem on its achievements, which fill all South Africans with pride, and urges it to go ahead with its valuable work.

Mr T ABRAHAMS: Chairperson, I give notice that on the next sitting day of the House I shall move on behalf of the UDM:

That the House -

(1) notes the perception which has been created that South Africa is exclusively populated by dishonest, thieving, greedy and unscrupulous people;

(2) recognises that people connected with taxis are often regarded as a class of people in the lower rungs of South African society;

(3) heeds the scrupulously exemplary conduct of a taxi-driver in Durban who unhesitatingly sought a passenger in Musgrave to return a forgotten handbag containing R12 000 to her; and

(4) commends Mr Mike Zulu for having restored hope for our country in the minds of people across the land.

[Applause.]

Mr E M SIGWELA: Chair, I give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes that -

   (a)  50 schools are being built and furniture and books were bought
       for some schools in the Eastern Cape with the assistance of the
       European Union; and


   (b)  similar projects are in the pipeline and the funds have been
       disbursed;   (2) recognises that this project involves teaching and empowering
   emerging contractors to build; and

(3) congratulates the EU on this initiative to advance the spirit and culture of learning in South Africa, and in the remote areas in particular.

[Applause.]

Ms N E PHANTSI: Chairperson, I give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes -

   (a)  the Government's revolutionary plan to transfer one third of all
       farmland to black people according to the draft integrated
       programme for land redistribution and agricultural development;
       and


   (b)  that about 3,5 million hectares of agricultural land will be
       involved in the first five years;   (2) recognises that tens of thousands of black farming households will
   benefit from this programme; and

(3) calls on Government and the Minister for Agriculture and Land Affairs to continue with their constructive land redistribution programme.

[Applause.]

                         AFRICA REFUGEE DAY

                         (Draft Resolution)

Mr G Q M DOIDGE: Chairperson, I hereby move without notice:

That the House -

 (1)    notes -


     (a)     that today is Africa Refugee Day; and


     (b)     the increasing influx of refugees as a result of famine,
          war and poverty;


 (2)    believes that refugees have a right to be treated with dignity;
     and


 (3)    calls on all South Africans to respect the human rights of
     refugees.

Agreed to.

              SOUTH AFRICAN COUNCIL FOR EDUCATORS BILL

                       (Second Reading debate)

The MINISTER OF EDUCATION: Chairperson and hon members, it may be too early in the morning to be enthusiastic about any new measure to be introduced in this House, but it gives me great, genuine pleasure to be introducing the SA Council for Educators Bill, because it seeks to build on the progress made by the existing council to make it more effective and representative. I think that members of the House will also note that members of the existing council are there on the public gallery.

In the council we hope to create a showpiece for the teaching profession, which teachers and the public will hold in the highest regard. Therefore, this Bill is a vindication of the role of teaching as the most honourable profession in our country.

In South Africa today the very nature of the teaching profession is disputed. Some would have it as a highly sophisticated craft, mastered after years of theoretical and practical training, to be practised without any constraints. Others have held that this is somewhat of a medium-level skill, often undertaken by uncritical and, possibly, uninterested workers. Clearly it is neither. But our history has significantly shaped our understanding of the work of teachers.

I have with me today an image of one who is patently a teacher - one who is stern but kind, firm and supportive, yet challenging, and I should say slightly rotund, with his satchel and his coat over his shirt - not representative of the teaching profession, because 60% of teachers are women in our country, and, of course, the colour does not represent the identity of teachers. But this is the image of a profession which we want not only to make a reality, but to salute also. Slowly but surely the morale of teachers is beginning to improve, as we once again recognise that teachers have a central role to play in our communities.

Too often we ignore their contribution to the development of our country. I, therefore, urge all members to celebrate the achievements of teaching in South Africa, often under very difficult social and physical conditions. In our country, the image of teachers has been battered by many factors. This began - and this is across the races - with the deprofessionalisation of teachers, especially black teachers, under apartheid, as I myself know. We were expected to be uncritical, low-paid functionaries, without any civil liberties and without any human rights.

Some professional teacher associations, once the pride of the African community, were hijacked by the apartheid government, and, as a result, school promotions, as I myself know, were often determined by the position held in the organisation or by the religion of the person concerned. Others rightly rejected this understanding, but without creating a viable and liberatory model of professionalism. Thus, resistance to subservience in the educational struggles of the late 1980s grew and created a dichotomy in which professionalism was pitted against unionism.

The formation of the SA Democratic Teachers’ Union in 1990 was the outcome of this debate. Many teachers identified with the vision of a new teacher and constructive but critical engagements. The union was to be built on two legs: Labour interests and matters educational.

Today all teacher organisations in this country refer to themselves as unions - although one of them has retained the term ``association’’ in its name - and all have a dual focus on labour and professional matters. This pattern has been replicated at international level where two bodies, one professional and one trade unionist, have merged to form Education International, with the largest teachers’ union as an affiliate.

The rationalisation initiative which began under my predecessor and proceeded with the full co-operation of the teacher unions, has changed the human resource landscape of South African schools. Schools are now allocated posts on an equitable basis, with special allowances for smaller schools, especially farm schools and multilingual schools, as well as art and technically oriented schools. This is how it ought to be.

This project has meant the movement of over 20 000 teachers from advantaged schools, where the numbers exceeded the norms, to schools that needed them. And we have welcomed them on our staff. There are obviously tensions still that arise out of the movement of such large numbers. Special credit can be given to KwaZulu-Natal, where very few teachers were left without confirmed positions after the completion of the redeployment exercise.

Members may be aware that the colleges of education are currently in the process of being incorporated into higher education. By the start of the next academic year, we hope that all teacher education students will be studying in our universities and technikons. This will, undoubtedly, lift the status of the teaching profession. This process signals the importance that we attach to building quality teacher education. As soon as college students are transferred to higher education, they will become eligible to apply for funding from the National Student Financial Aid Scheme, Nasfas.

Furthermore, I will be asking Nasfas, where possible, to give priority to eligible teacher education students who are already studying in higher education. We must now, once again, open our schools to new teacher recruits, and to newly qualified graduates in particular, in order to inject new life into the system. But the unemployed teachers must respond to these calls, too.

One province recently advertised 500 posts on an open vacancy list. I was disappointed to find that many posts in poor schools attracted no applications from qualified teachers. I must encourage teachers who are unemployed to take advantage of these opportunities, and in particular to apply for posts in rural areas, where they are badly needed. And we must look at exactly how we can compensate persons to move, especially to rural areas.

Some might say that the SA Council for Educators has made a slow start, simply because no disciplinary proceedings have been concluded to date. This is part of the reason for streamlining these operations. We must also seize this opportunity to re-establish professionalism at a time when the idea is badly discredited. We can say that today professionalism has a wide- spread legitimacy and ownership by teachers, in contrast to the position in

1. Today the three teacher unions are among the most active participants in promoting the work of the council. They have contributed especially to areas of professional development, and to the popularisation of the code of ethics. We must express our appreciation for their leadership in this regard.

This council has also not shied away from the field of professional discipline. They have also been equally constructive in the enforcement of the code of ethics. Last week, for example, seven cases of alleged breaches of the code were investigated by the council. The recommendation of the disciplinary committee will be presented to the council, to be held this afternoon in Cape Town.

So the aims of this Bill are both radical and simple. On the one hand, it merely makes more effective the workings of an existing council of educators, designated to promote professional education. On the other hand, the Bill must be seen as part of a major drive towards a greater professionalisation of education.

One of the five programmes of Tirisano, a platform for change, is to make schools more effective and teachers more professional. Steps along the way are unfolding on a regular basis, and these include, among others, the following. Firstly, in January this year I published a set of norms and standards for educators, which govern the standards of outcomes-based training for their profession. We must aim to recruit the best possible candidates, we must make teaching the first choice for young people and we must use higher education institutions to provide quality training.

Secondly and more recently, in order to build the morale of teachers and to show our appreciation for their work, I launched the National Teacher Awards for 2000. Following regional and provincial selections, these will culminate in a set of national awards for teachers on 5 October, appropriately called World Teachers’ Day.

Thirdly, I have just approved the appointment of a team of specialists to prepare a proposal for educator development, ensuring that our teacher training programmes are better co-ordinated and more effective. This is real delivery taking place.

Fourthly, I shall be introducing legislation later this year to provide for more effective workplace discipline in education. This will be in line with Public Service practices, providing for more effective, speedy and efficient procedures for discipline. This should help sort out the bad eggs that spoil the reputation of the profession.

The review of Curriculum 2005 has also yielded valuable recommendations regarding the preparation of teachers by higher education institutions. Positive foundations are being built by many capable teachers through their commitment to outcomes-based education and their strong desire, as we showed yesterday, to get it right. While some countries are still introducing highly prescriptive curricula, we prefer to see our teachers as active participants in the delivery of an outcomes-based curriculum.

It is very significant that when I met with the three teacher unions last week, the commitment to outcomes-based education was absolute, while representing three different traditions among our teachers. For a teacher to be professional requires absolute integrity of conduct which commands the respect of the public. That is why we need fair regulation. However, our respect for such teachers must not be silent but vocal, especially on Teachers’ Day, when the whole world celebrates the work of 30 million teachers globally.

Whenever we see a teacher, especially a good one, let us say once again, as we used to do when I was young: Siyabonga umfundisi! Most importantly, especially because of our legacy of underqualified teachers, we must continue to offer professional development programmes for the improvement of teachers’ skills. Teachers must become the real examples of lifelong learning. We have retained the existing three primary functions of the council in the new legislation, namely registration, regulation of ethics and development, since they are based on the above understanding of professionalism and as principles of policy they are not flawed.

The 1995 agreement on the SA Council for Educators was superseded by a legislative establishment in the Employment of Educators Act of 1998. This statutory home is unsatisfactory in that it is limited to state-employed teachers only and constructs the council as a bilateral forum comprising the Government and teacher union representatives. The proposed Bill extends the scope of the council to include all educators - I prefer to call them teachers - in the general education and training and further education and training bands, including early childhood, and adult basic education and training practitioners. It will also cover independent school teachers. I am pleased to announce that the independent schools are enthusiastic about bringing the independent schools within the formula.

The extended scope requires us also to extend the representation to include persons from all these sectors: public and private, early childhood development, adult basic education and training, and teachers in schools and further education and training institutions. Higher education is also included as a provider for teacher education programmes and school governing bodies as partners in school governance. I think that we are doing something very unique by involving all the actors. At the same time as extending the scope, we have managed to retain teachers as the majority constituency and reduce the overall size to 30. These are very important changes.

We have managed to change the nature of representation on the council. Members will be appointed in their personal capacity as a voluntary contribution to the improvement of education. This council will not be a negotiating chamber between labour and employers. This will be a genuine professional body and labour relations will take place elsewhere on the labour relations council. They will represent the mutual interests of the public and the profession without fear or favour of a particular constituency. I commend this council to other professions like the legal profession which does not have representation from the general public. This will allow the council to move away from a sometimes partisan, adversarial approach that has developed under the current arrangement. What is very important is that an independent chair will be appointed to oversee proceedings in a fair manner.

In the end the council will be a powerful body. It will have the power to collect levies and to ensure compliance with the code of ethics by means of disciplinary steps. It is hoped that these powers will be judiciously but firmly applied, with the sanction of deregistration being applied in extraordinary circumstances. Regrettably, we must admit that serious offences are taking place and that rape, abuse and fraud have occurred in our system and must be rooted out. This requires a joint effort between the courts, the provincial departments of education and the profession, particularly through Sace.

Public participation in the work of the council is vital. In order to instil confidence in the teaching profession we must have public participation. I hope members were involved when I advertised the five posts that I will be appointing to the council. Members will be involved in making representations as to who shall be appointed.

The SA Council for Educators is a quality assurance mechanism for the country. Teachers are offering the public a guarantee of quality which I believe we must accept with gratitude. I therefore call for the support of the members for the measure, and dedicate this Bill and these proceedings to the most honoured profession in our country. [Applause.]

Prof S M MAYATULA: Mr Chairperson, Minister Kader Asmal, Deputy Minister and hon members, I am very excited that at last we are bringing to finality this important piece of legislation. This is one Bill that all the members of the Portfolio Committee on Education unanimously assented to despite a few technical amendments proposed by the hon Adv Gaum which would not have changed the spirit and the letter of the Bill. The atmosphere and co- operation in the committee were commendable. From today, education, which is the mother of all professions, will receive its due recognition as an independent profession.

The debate on this Bill has come full cycle since 1995, when Sace was established by means of a collective agreement in the Education Labour Relations Council. This was an agreement between the state, as an employer of educators, and trade unions on behalf of employees. Unfortunately, that council was perceived by the public and educators to be an extension of the Education Labour Relations Council and not a professional body which promotes and controls the profession.

During the deliberations on the Employment of Educators Bill in 1998 an amendment was introduced to include Chapter 6 in order to convert Sace from a labour-oriented body to a statutory body. This was an attempt to make Sace an independent professional body. It did not go far enough and the perceived link with the ELRC remained. National and international models of professional councils of a similar nature as Sace have shown that they can only be effective in their functioning and have the right status and recognition if they have their own legislation. Through this Bill we have achieved just that.

The enthusiasm with which the education stakeholders embraced this Bill was amazing. For the first time the different trade unions spoke with one voice in their presentations to the portfolio committee during the public hearings. Even independent and religious schools made their voices heard.

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! All members must please check their cellphones and switch them off.

Prof S M MAYATULA: We tried as much as we could to accommodate them with the proviso that Sace does not revert to a labour-oriented body, neither should it be controlled by the department. It must be an independent body representing each and every educator in his or her own right.

Some of the clauses, for instance clause 2, which takes into consideration the objects of this Bill, state that, among others, the objects will be to promote the professional development of educators. This is a very important objective. Further objectives are to set, maintain and protect ethical and professional standards for educators which, again, is something that we need to be proud of. It is also going to be responsible for registering educators.

Clause 6 refers to the composition of the council. In this clause, it is proposed that the majority of members, in this case 18 out of 30, will be educators. The Bill further proposes that educators employed at or in ordinary public schools, independent schools, public and private further education and training institutions, the early childhood development sector, the adult education sector and the sector for learners with special needs, must be represented in the council. This is an improvement on the original Bill, as it is more representative of the education sector.

Clause 7 relates to a chairperson of the council. After a lot of discussion, debate and consultation, it was agreed that it is the council that must nominate the five persons, of whom one must be appointed by the Minister as chairperson. The council may even nominate a person who is not a member of the council for appointment by the Minister as chairperson. We hope that that chairperson is going to give this council respect and stature.

Clause 19 relates to funds of the council. Just like the teacher trade unions, the portfolio committee at first found it hard to understand the rationale behind subclause 2(a) which states that the council, and I quote:

… must during each financial year, at such time and in such manner as the Minister may determine, submit to the Minister for approval a detailed statement of its estimated income and expenditure for the ensuing financial year …

Our concern was that this seemed to be giving too much power to the Minister, especially when the revenue for the council will be through levies by the educators themselves. We got our answer from the Public Finance Management Act. This Act decrees that all statutory bodies, like Sace, whose members are forced by law to pay levies, are the responsibility of the relevant Minister. Such levies are a form of tax and such funds become public funds. By the same Act, such bodies are accountable to the Minister and he or she has to approve their budget. Sace could not be an exception to this rule.

What is of importance is that this Bill is going to touch the lives of each and every educator. We hope that, through it, they will feel the joy and pride of being part of the education profession. This is a council of educators, for educators by educators. Through this Bill, education should be a calling for which they are ready to lay down their lives for the sake of the learners and for the future of our country. A few examples of this are that we know of a teacher who crossed a swollen river carrying examination papers so that his learners could sit for their examination, and we know of a principal who lost both eyes as he was trying to salvage important documents from his burning school.

Let the educators be driven by an invisible hand. Let them be driven by an intrinsic motivation to excel in whatever they do. Henry Wadsworth Longfellow had this to say about professionalism, and I quote:

The talent of success is nothing more than doing what you can do well and doing well whatever you do.

Such a person needs no supervision. May this Bill inspire such an attitude in all our educators. Let them be real professionals ready to uphold the honour of their profession at all times. [Applause.]

Mr R S NTULI: Chairperson, hon Minister, hon members, the DP takes pleasure in supporting the SA Council for Educators Bill that is before us today. The SA Council for Educators, usually referred to as Sace, was established in 1995 by means, as has been indicated, of a collective agreement in the Education Labour Relations Council. This understandably created a perception that Sace was an extension of the Education Labour Relations Council. This perspective was further strengthened by the funding the council received from the Education Labour Relations Council. Furthermore, the shortcoming was partially repaired in 1998 when the Employment of Educators Bill sought to regulate the employment of educators employed by the state at public schools. The latter Bill was amended to include Chapter 6 to convert Sace from a labour-oriented body to a statutory body outside the influence of the Education Labour Relations Council.

Again, unfortunately, the scope of application of the said Bill was restricted to educators at public schools and public learning centres, and thus not applicable to private or independent institutions. This Bill purports to be comprehensively inclusive so as to regulate the whole teaching profession, irrespective of the location of the educators. This Bill provides for the registration of educators, the promotion of the professional development of educators and the maintenance and protection of ethical and professional standards of educators.

The Minister, we believe, will ensure that Sace will function in a transparent and accountable manner and will not function in a manner that is inaccessible to the educator and civil society. The DP supports the good intentions of the hon the Minister in proposing such a Bill which will clearly elevate the image and the status of educators, promote their professional development and regulate their professional conduct and ethics. The DP believes that, in order to achieve this, the SA Council for Educators should be a home to all teachers - and I am happy that the Minister also endorsed this - who place the interests of education and their profession first.

Sace therefore should be independent and autonomous and never ever be subordinate to any specific stakeholder or organisation or grouping or political party for that matter, because that would seriously impinge on its professionalism and autonomy. Sace councillors must be conscious of the fact that the constituency of Sace consists of all teachers of the country, not only those who are unionised, but all teachers. This broad constituency will expect and have the right to demand from councillors wise and appropriate decision-making at all times.

Sace must conduct its affairs in such a manner that teachers will be proud to be members of Sace. This is the task which we in the DP believe Sace should fulfil. The Sace logo ``Towards Excellence in Education’’, and its mission require that it should develop a self-consciousness and function in terms of its commitment towards excellence, professionalism, the interest of the child, and the general upliftment of educational standards in South Africa. For this to happen, the seeking of mandates from teacher unions or, for that matter, any other stakeholder or interested party, should not be required. A   self-regulating teaching profession, automatically accepts accountability towards its clients - the state and civil society.

The DP supports the Sace code of conduct as based on the acceptance of the following principles underpinning the existence of the teaching profession: Acknowledgement of the noble calling of the profession to educate and train the learners of our country; acknowledgement of the fact that the attitude, dedication, self-discipline, ideals, training and conduct of the teaching profession determine the quality of education in the country; commitment by educators to do all within their power in exercising their professional duties to act in accordance with the ideals of their profession as expressed in the code of conduct; acknowledgement of and upholding and promoting basic human rights as embodied in the Constitution of the Republic of South Africa, which we all cherish; acting in a proper and becoming way so that their behaviour does not bring the teaching profession into disrepute.

We support the fact that educators should regulate their profession, professional relationships between themselves as teachers and learners, parents, the community, the profession, the employer, as well as the council itself. I submit that the greatest value of the SA Council for Educators is that it provides protection to the members of the profession who uphold its code of conduct.

Finally, the DP wants to appeal to the Minister, to whom, to a large extent, the future of the SA Council for Educators is entrusted, to do all in his power, by virtue of the enormous power entrusted in him by the Bill and this Parliament, to steer the ship with care, vision and wisdom, so that the SA Council for Educators becomes what it ought to be and should be. There are not many countries which have such councils. We in South Africa are privileged to be one of the few. This means that Sace is also ideally placed - as we have been, in many issues - to be emulated worldwide. South Africa can again, in this manner, be a role model to the rest of the world.

We, in the DP, support this piece of legislation, because it is a sound building block of our education system. [Applause.]

Prof L B G NDABANDABA: Mr Chairperson, hon Minister, hon colleagues, the IFP gives the SA Council for Educators Bill its full support.

Pluralism is one of the most fundamental principles which underpins the IFP’s vision for South Africa’s education. The principles of pluralism imply not only the recognition of cultural diversity and richness, but also support for a range of different institutions which cater for these specific needs and desires of civil society.

We believe that matters of government should also be administered by those capable of performing those functions. We therefore applaud the SA Council for Educators Bill because it brings Government closer to the people - namely the educators - and it allows the educators maximum scope for voluntary initiatives. We believe that the SA Council for Educators Bill is a systematic escalator that will gradually enable educators to progress in many ways, including training in management skills, particularly middle- management skills, in our schools.

The SA Council for Educators was, as has been said, established in 1995 by means of a collective agreement in the Education Labour Relations Council. It is a professional council - as the Minister has highlighted - that registers educators and disciplines them if they are in breach of the code of conduct. This we applaud.

The Employment of Educators Bill of 1998, which sought to regulate the employment of educators employed by the state at public schools, was tabled in Parliament. Chapter 6 was introduced in the Bill to convert the SA Council for Educators from a labour-oriented body to a statutory body. It was restrictive in the sense that the scope and functions applied only to state educators at public schools and public further education and training institutions.

The SA Council for Educators has already registered approximately 330 000 educators and it hopes to finalise the process by the end of June 2000. The council has processed 136 complaints, and the first hearings are set for June. The remaining hearings will be completed shortly.

A memorandum of understanding was signed by the Department of Education and labour organisations this year. It was affirmed that Sace is neither a trade union nor a replacement body for collective bargaining, but a professional body. That I underline, as the Minister has highlighted.

In my view, the SA Council for Educators Bill is not only relevant, but forward-looking in many ways. Clause 2 of the Bill provides for the registration of educators, the promotion of the professional development of educators and the maintenance and protection of ethical and professional standards of educators. This is very important.

The Act applies to all educators appointed in terms of the Employment of Educators Act of 1998, the SA Schools Act of 1996, those appointed at independent schools, those appointed in terms of the Further Education and Training Act of 1998, and those appointed at further education and training institutions as well as those appointed at adult learning centres.

I will not go into detail about all the clauses, but clause 5 deals with the powers and duties of the council. Clause 6 deals with the composition of the council. Clause 7 makes provision for members of the council to nominate three people at the first meeting. Clauses 11, 12, 13, 14 and 15 provide for the establishment of the executive committee. Clause 16 makes provision for the council to hold at least two meetings during each calendar year. Clause 17 makes provision for the council to appoint a chief executive officer and staff to assist in the performance of its duties. Clause 21 makes it compulsory - I think this is important - for educators to register with the council before being appointed.

The constitution, registration procedures, code of ethics and other procedures of the council existing prior to the commencement of this Act will remain in force until amended by the council under this Act. Practising educators, to whom the provisions of the Employment of Educators Act of 1998 did not apply, are now required, in terms of the Act, to register.

We hope that educators will support this Bill, and we appeal to all educators to support the SA Council for Educators Bill and make it work for them in transforming our system of education; and we fully agree with the hon the Minister that the council has an important role in improving the professionalisation of the education system and educators’ development. I have no doubt that educators will be equal to the challenges which are spelt out by the Bill that is being discussed today.

Mrs M E OLCKERS: Mr Chairman, it was a very nice gesture of the Minister to bring his toy to Parliament this morning. I am sure that he has just forgot to bring his other toy, because, unfortunately, there are female teachers also. In this time of gender sensitivity, there are other teachers as well. I am sure the Minister just forgot his female toy at home. [Interjections.]

The New NP supports the SA Council for Educators Bill as it will refine and tie up the loose ends experienced since the passing of the Employment of Educators Act in 1998. The SA Council for Educators was established in 1995 to establish a professional council to register educators and discipline … [Interjections.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon Mr Grobler, we are not toyi-toying in this House. We are debating. Please continue, hon member. [Laughter.]

Mrs M E OLCKERS: However, there are one or two reservations we have about certain clauses. For instance, in clause 6(1)(d), under the heading Composition of the council'', the New NP requests the hon the Minister to includetwo persons nominated by parent organisations’’, because, at some institutions, the parent organisations are very strong and play an important role, and they need to be represented.

Secondly, as the Minister will appoint five officials of the department to serve on the council, and as the Minister will appoint the chairperson as well as having to pass or condone the budget of the council, the New NP suggests that it would only be fair that the Department of Education contributes financially to this council so as to assist it in performing its duties.

Thirdly, in clause 24, the New NP feels that to respect every educator’s constitutional right to their choice of language, a new subclause 2 be inserted, which will read as follows: ``The original certificate must be issued in the language preferred by the educator, as has been indicated in his or her application for registration.’’ If this is not in the Act, the tendency to issue all certificates and documentation of the department in English will only be strengthened. This is happening more and more in all departments and in Government documentation. All requests and pleas to be sensitive to the other languages of this country are blatantly ignored.

Lastly, again in clause 6, a new subclause 3 should be added that could read as follows: ``Nominees referred to in subsection 1 may not be officials or legal representatives of the organised profession.’’ The numbering thereafter could change accordingly, of course. The New NP believes that the nominees should be educators, because it is their council and they know the workings of the system best.

Apart from the few changes mentioned, the New NP welcomes the Bill and the plugging of the loopholes. We will therefore support the Bill.

Another matter pertaining to this Bill relates to the meeting of the nine MECs for Education with the hon the Minister yesterday in Pretoria. There it was decided to phase out, over three years, Curriculum 2001, which became 2005, because of the clumsiness and unworkability brought into the education system and to call the new concept, whatever that may be, Curriculum 21.

The New NP congratulates the hon the Minister on taking the initiative in appointing the commission to investigate Curriculum 2005 and the disaster it brought about, and for accepting the findings in that report. Why did the Minister say, at his press conference, that it would not be scrapped, because it was a mistake? In his speech this morning he said: We are rectifying the mistakes of the past. Why can he not, as one of the most capable Ministers who gives this country some hope, not be bold enough to admit that his predecessor was a disaster for education and that he is now trying to salvage the situation? In these times when gender equality is supposedly high on the agenda of change, could this honourable lady ask him to be an honourable man and admit and acknowledge the mistakes of his party?

Mr S J DE BEER: Chairperson, the UDM will support this Bill. Some comment has been made about the Minister’s toy. I must say to him that the temptation is great for me to say that, when I look at this toy from this angle where I am standing, I hope that the teacher of the day will not have the pronounced waist that this toy has and that fitness will also be a good symbol of the ideal teacher of the day. But I know that he had to provide for me and for himself in this regard. Perhaps that is also a sign of wisdom. [Interjections.]

This Bill has, as one of its objectives, the recognition that Sace can only be effective in its functioning if it has the right status and recognition by means of an own Act. By replacing Chapter 6 of the Employment of Educators Act of 1998 this Bill, I believe, is a step in the right direction to send out the message that educators are professionals and should be allowed to regulate their own professional issues. We certainly hope that this objective of the Bill will be realised.

In their submissions to the portfolio committee, some of the unions expressed certain doubts about this Bill, and I think we should note some of the doubts they have expressed. They expressed doubt in that the role of the Minister may be too strong and that the educators would not be allowed to fully control their own profession. Now I know this Minister and I know that he will not be tempted into performing in that way, but, unfortunately, legislation is not made for a specific Minister. I believe this certainly is a matter which needs attention.

Mention was also made of the memorandum of understanding which was allegedly accepted by the unions and officials of the Minister’s department, and that this Bill does not comply with the letter and spirit of this memorandum. As an outside party to the memorandum of understanding, it is not possible to make a judgment on this issue. I do, however, believe that it is important to keep all the present stakeholders on board and to strengthen the legitimacy of the council. I therefore also hope that educators will not see this Bill as a breach of faith, and that they will give their full co-operation.

I trust that the Minister will deal with this matter in his capable manner and I hope that he will find the wisdom to unite all stakeholders to co- operation fully within the ambit of this Bill. We support the Bill.

Mr S B NTULI: Chairperson, hon members, Minister of Education, firstly, I will focus on three aspects of the Bill which are: registration of educators with the SA Council for Educators, Sace; the new kind of teacher required, and parental representation on Sace. I would like to call on all teachers to ensure that they are registered with the Council for Educators prior to or by the end of June this year. I make this call because this is the cut-off date for all educators or teachers, who work or want to keep on working as education practitioners, to register. It is a must that they register by the end of this month.

Qualification requirements laid out in the Bill are aimed at, among other things, setting, maintaining and protecting ethical and professional standards for all education practitioners in our country. We are putting forward these requirements whilst being conscious of the fact that not all teachers meet the requirements of Sace. Those who do not meet the requirements should, nevertheless, come to the fore and register with Sace, because Sace will grant them provisional registration status. Whilst they have provisional registration status these educators need to upgrade and improve their qualifications so that they can gain full status for registration within a specified period indicated to them by Sace.

With regard to the new kind of teacher required, I should think that the chairperson, hon members and members of the public at large would agree with me that by now education cannot be neutral ideologically. It cannot be ideologically neutral because in our society we have largely differing views, particularly politically and economically.

I want to refresh our memories by quoting the views of some politicians. One of the politicians, the then minister of education in 1953, the late Mr H F Verwoerd said: When I have control over native education, I will reform it so that natives will be taught from children that equality with Europeans is not for them.'' Another one said:We should not give the natives any academic education. Because if we do, who is going to do the manual labour in the community?’’ That was J N le Roux, from the NP, in

1. ``There is no place for the Bantu in the European community above the level of certain forms of labour.’’ I could go on and on.

The essence of what I am trying to drive at here is that, indeed, the educator or the teacher of today must realise that there is a need for him or her to have a changed mindset. Education is actually delivered in the classroom by a teacher. Now, the teacher who has to deliver this education should suit the environment we have in our country. It should be a new kind of teacher who understands these competing views about education, and, whilst understanding them, should then teach our learners in a manner that would truly liberate their enquiring minds.

Therefore, the new kind of teacher required should be well- informed of his or her subject. One cannot deliver what one does not have. Hence the new kind of teacher needs to understand that teaching is and can no longer be ``business as usual’’. Change is very necessary. Teachers need to equip themselves, through their qualifications, to meet this situation of teacher- learner and subject-content relationship. Hence a registration demand is laid down in this Bill as a minimum requirement.

With regard to the developmental role of Sace, it should conduct or commission research studies on teacher-learner methods to develop teachers’ teaching skills to enhance their professional capabilities. Education as discipline or teaching as a profession, I once more emphasise, can no longer be business as usual.

Hence there is a dire need for change in the teaching methodology, so that that relationship is not only seen as the point where there is only domination by one party, in this case, a teacher. The teachers themselves will need to ensure that the methodology that is used is able to enhance this envisaged teacher-learner relationship type of education.

Concerning skills development, it is necessary that teachers and those who are aspiring to become teachers should view change very serious. I repeat that they need to be well equipped to deal with learners of today. For educators to sustain classroom dialogue with learners, one needs to have dialogue-management skills to liberate the enquiring mind of learners and develop critical thinking abilities of learners. Thus, educators and those who intend to work with and venture into teacher-learner dialogue should be aware of what they are up to. They need to have a change of attitude towards teaching in this millennium of ours.

Regarding representation of parents on Sace, parents are invited to participate in Sace through their school governing bodies. This will take the concerns of parents right from their different areas of the community into the actual centre of Sace, thus making sure that the norms and values of education, as envisaged by all the parents of this society of ours, are taken into account. I also want to acknowledge those educators who, in their lifetimes, made a contribution to education and made sure that education became a free centre where learning took place in a proper manner. In this case, I remember the contributions made by the late Matthew Goniwe, Fort Calata, Sparrow Mkonto and others, who were killed by the apartheid regime of the previous government, because these educators who participated in the affairs of the community, illustrated that education had to take place in the true sense and that certain things that were wrong in the education system had to be put right.

I am also saying this to remind us all that as members of Government, particularly as politicians and Government officials, it is necessary that we remember that we have an obligation. Sace does not put an obligation only on employees, but also on employers, to make sure that appalling conditions, such as the absence of toilets and other necessities that make education, teaching and the environment conducive to learning, are upgraded.

I also want to acknowledge the fact that whilst we, as members of Parliament, are performing our oversight duties and looking at exactly what employees are doing, we should also look at what our own Government is delivering in terms of making sure that the envisaged requirements of education for proper learning to take place are delivered. [Applause.]

Mr L M GREEN: Chairperson, hon Minister and members, the ACDP views the SA Council for Educators as a council for the teachers by the teachers. We are heartened to see that the council will be made up predominantly of teachers. The ACDP would like to express its appreciation for all those excellent and dedicated teachers who so unselfishly committed themselves to educating generations of schoolchildren to strive for excellence, despite limited resources.

As a former teacher, I learned that teaching is not only a profession, but first and foremost a calling to serve the nation and to serve God. We hope for a council that will be filled with educators who, despite any hurdles, will have the necessary qualities to strive to bring back the commitment to education that we all once knew and respected. The council will be watched closely to see if it will have the muscle to encourage a culture of learning within our educational institutions, and whether it will have the character to restore the dignity of what it means to be a teacher. These are the basic and fundamental challenges and responsibilities that the council must be obligated to attain.

The registration of educators is not about numbers, but is primarily directed at performance and at re-establishing educational norms and standards. One of the fundamental powers and duties of the council will be to engage in research and to develop a professional development policy. We must admit that it is no small problem when we notice the negligible research capacity of our educational institutions. It is high time that educators are challenged to improve their educational qualifications and standards, or we might face a future of underqualified professionals.

At this juncture, the ACDP wishes to congratulate the Minister of Education on having the courage and commitment to institute a probe into the effectiveness of outcomes-based education and on attempting to correct the shortcomings. The development of research capacity must be seen by the council as a vital process for sustainable and growing educational excellence in the future.

A further important function of the council will be to maintain a professional code of ethics for educators, which the ACDP fully and wholeheartedly supports. We hope that the council will be effective in curtailing the misdemeanours committed by some teachers, such as drunkenness and truancy.

Finally, the ACDP welcomes this Bill, and we realise that the challenges are great, but it is the responsibility of all educators to give their full support to their council for the council to promote the best possible environment for teachers to achieve the optimum levels in their educational careers.

Mr I S MFUNDISI: Chairperson, hon Minister and hon members … [Interjections.] Thank you, Mr Minister … there have been attempts to bring together practitioners in the educational field, as is the case in other professions. Doctors, lawyers, accountants and other professions belong to councils that advise them.

Educators are, through this Bill, being made to take responsibility for themselves and be their brothers’ keepers. The council will have to develop a code of conduct for all educators in public and independent centres of learning. The council is meant to be inclusive of educators from the cradle to the college and beyond. This bodes well for the future of education in this country.

The argument that it is difficult to conduct an effective election in which 300 000 teachers have to take part does not hold water. That some schools have no telephones or are situated in almost inaccessible areas are excuses that we take with a pinch of salt. This country has conducted huge elections of over 30 million people and will do so again in five months from now.

Legislation should be viewed as dynamic, and not static. It will change as occasion demand, and it is on that note that, while we accept that we are on a learning curve, the mode of elections has to be refined in future. The appointment of a chairman by the Minister should also be taken as an interim measure. In due course, the council will have to elect their chairperson independently, so that such a chairperson is not perceived as the Minister’s lackey.

Once the Bill is enacted, it will be very easy to know how many educators there are in the country, because each educator is bound to register with the council on qualifying. We appreciate that those in harness already are considered registered, subject to clause 25(7) and (8) of the Bill, and, hopefully, the Minister will announce a date by which all must have registered. The UCDP supports the Bill.

Dr M S MOGOBA: Chairperson and hon Minister, the PAC of Azania supports this Bill which we truly believe should turn things around.

Professionalism is the one word which reverberates throughout this Bill. Teachers, like doctors, nurses, lawyers, ministers and police, are members of a profession. Like the medical council, members should be committed to excellence in their work and to jealously guarding their profession or vocation against those who are less committed to it, or are hellbent on lowering and destroying standards.

Most of us can recall a teacher in a small community or a village who was respected by all and was the embodiment of virtues such as cleanliness, honesty, integrity - in a word, ubuntu. Teachers are workers, but they are more than workers. It is this extra virtue which we are all striving for. If it is lost, we have monsters masquerading as teachers, dismally failing to produce excellence and gradually sinking to the levels of their pupils or even lower.

On a recent trip by the portfolio committee to the Northern Province, we visited schools. Some of the schools were fair to good, but we also visited schools which were frightening. The recollection and memory of these schools will haunt us for a very long time - windows broken in nearly every classroom, classrooms with more than 250 pupils sitting on the floor, very little or no furniture, very few books, and the staff room or principal’s office looking like a store room.

In one of the schools, the teacher or a pupil had set the whole block on fire. The school looked like a body without a heart and a soul, a frightening spectacle. There are, doubtless, many schools like this, and the poor results that we have had are a clear pointer to this.

The question is: Can these bones live? This is the challenge facing the SA Council for Educators. Will they succeed? I want to say, not alone. They need parents, religious bodies, local authorities, the police, magistrates, politicians, everybody. They need a moral revolution, a moral leadership for social transformation. I wish to tell the hon the Minister and the teacher next to me here that this is a daunting task. This is actually a challenge for them. [Time expired.]

Miss S RAJBALLY: Chairperson and hon Minister, South Africa inherited a very corrupted education system. Ever since we attained our democracy, tremendous efforts have been made by all role-players to repair and redress the inequalities that exist in education.

The SA Council for Educators Bill is an attempt specifically to restore the status of our educators, so that they can play a prominent role by contributing to the development of our country. Educators must remember that knowledge is for sharing, not storing.

The registration of educators is aimed at professionally developing educators. The implementation of compulsory ethical codes of conduct and professional standards for education, by means of the flexible functioning of the council, demonstrates to us that the Government’s aim of developing, maintaining and protecting education in public and private institutions is not cheap talk.

The selection of members to serve in the SA Council for Educators from the diverse education institutions that exist leaves no room for nepotism. Instead, it places South African educators on the global map, possibly developing and maintaining the best standard of education in the world.

The MF supports the SA Council for Educators Bill. [Applause.]

Mr C AUCAMP: Mr Chairperson, the hon the Minister gave us a good example of visual education this morning with this mini teacher he brought with him. However, he made one mistake, as the hon Mr De Beer said. Its belly is a little bit wide, and may give the impression that teachers are fat cats, like politicians. That will not be good for the profession!

Die professionele status, die optrede en die integriteit van die onderwyser is ‘n saak van die allergrootste belang. Die ouer vertrou juis sy kind aan die onderwyser toe omdat die onderwyser oor bepaalde professionele eienskappe, vaardighede en toerusting beskik.

Sedert die vroegste jare was die professionaliteit van die onderwyser feitlik bo enige verdenking. In ons eie geskiedenis het Meester ‘n status gehad en erkenning geniet wat hom saam met die dominee en die magistraat die leidende figuur in elke gemeenskap gemaak het. Die toename in kundigheid in elke gemeenskap mettertyd het hierdie rol van die onderwyser ingeperk. Die onderwyser se rol is nou veel meer dié van die professionele spesialis op sy eie gebied. Maar tog bly die onderwyser in die algemeen ‘n leidende figuur, ‘n rolmodel.

Persoonlik het ek heel gou ná skool baie van die goed wat die onderwysers my geleer het, vergeet, maar die voorbeeld van integriteit en morele onbesprokenheid van spesifieke onderwysers het my persoonlik lewenslank bygebly. Die professionele status en die morele integriteit van die onderwyskorps moet op elke moontlike wyse bevorder word. Daarom verwelkom en steun die AEB hierdie wetsontwerp wat wyer beslag gee aan die professionele Raad van Opvoeders vir opvoeders.

‘n Kernaspek van die nuwe wetsontwerp is sy vervanging van Hoofstuk 6 van die Wet op die Indiensneming van Opvoeders, en dit beteken dat Saro se omvang nou ook uitgebrei word na opvoeders betrokke by privaatskole en onafhanklike inrigtings. U is bewus daarvan, Mnr die Voorsitter, dat ek persoonlik in hierdie Huis al dikwels gepleit het vir die privaatskool, vir sy onafhanklikheid en vir sy reg op staatsbefondsing. Die AEB is ‘n sterk ondersteuner van hierdie inrigtings met ‘n eie etos en religieuse inslag wat deur die staat erken word, soos in artikel 29(3) van die Grondwet bepaal word. Inmenging van buite in hierdie verband word nie deur ons verwelkom nie, maar indien dit kom by die kwessie van die professionaliteit van opvoeders, is dit nie ‘n saak van private of spesifieke belang nie.

Die hele gemeenskap het belang daarby dat alle opvoeders, ook dié by private instellings, van die hoogste standaard sal wees en van professionele integriteit moet getuig. Daarom steun die AEB die uitbreiding van die omvang van Saro ook na hierdie instellings. Ons glo ook dat hierdie instellings met graagte die professionele integriteit van hulle leerkragte in enige geselskap sal laat meet.

Daar is enkele kleinere punte van kritiek. Aangesien die opvoedingstaak primêr dié van die ouer is, sou die AEB verkies het dat meer as net twee persone deur die georganiseerde beheerliggame in die raad benoem word. Tweedens, weens die statutêre verpligtinge wat die raad bykry en die omvang daarvan in die belang van onderwys in die geheel, glo ons dat daar tog miskien op ‘n rand-vir-rand-basis deur die Regering tot die finansiering van Saro bygedra moet word, en dat daar in die wetsontwerp daarvoor voorsiening gemaak moes word. Staatsfinansiering kan weliswaar via klousule 19(b) en (c) van die wetsontwerp geskied, maar ‘n wetlike verpligting moes gestipuleer word.

Een saak van kommer wat ons net wil meld, is dat die aanvanklike teks van die wetsontwerp gelui het dat registrasiesertifikate in Engels uitgereik sou word, tensy anders versoek. Ná protes van die portefeuljekomitee is hierdie bepaling weggelaat. Dit is nie meer so nie. Die komitee het egter nie sy weg oopgesien om dit te vervang met ‘n vereiste dat dit in die taal van die ontvanger se keuse moet wees nie. Waarom nie? Indien die opstellers aanvanklik gretig was om die voorkeur wat aan Engels verleen word te stipuleer, waarom is hulle dan huiwerig om die reg op eie taalbediening ook te stipuleer?

Die AEB sou dit voorts verwelkom het as hierdie wetsontwerp dit sommer by voorbaat sou stel dat onderwysers nie mag staak en toyi-toyi nie. ‘n Onderwyser wat staak, is net so onhoudbaar soos ‘n dominee wat rondloop! (Translation of Afrikaans paragraphs follows.)

[The professional status, conduct and integrity of the teacher is a matter of the utmost importance. The parent entrusts his child to the teacher precisely because the teacher has certain professional characteristics, skills and attributes.

From the earliest times the professionalism of the teacher has been virtually above reproach. In our own history Teacher had status and enjoyed recognition that made him, together with the minister and the magistrate, the leading figure in each community. The increase in knowledge in each community gradually limited this role of the teacher. The role of the teacher is now far more that of the professional specialist in his own field. But the teacher in general nevertheless remains a leading figure, a role model.

I personally very soon after completing school forgot a great deal of what the teachers taught me, but the example of integrity and moral irreproachability of specific teachers has stayed with me all my life. The professional status and moral integrity of the teachers’ corps should be promoted by all possible means. Therefore the AEB welcomes and supports this Bill, which gives broader substance to the professional Council for Educators.

A key aspect of the new Bill is its replacing of Chapter 6 of Employment of Educators Act, and this means that Sace is now being extended to include educators employed in private schools and independent institutions.

You are aware, Mr Chairperson, that I personally have often made pleas in this House on behalf of the private school, its independence and its right to state funding. The AEB is a strong supporter of these institutions that have an individual ethos and religious basis, which is recognised by the state, as provided for in section 29(3) of the Constitution. Interference from outside in this regard is not welcomed by us, but when it comes to the question of the professionalism of educators, it is not a matter of private or specific interest.

The whole community has an interest in all educators, also those at private institutions being of the highest quality and the epitome of professional integrity. That is why the AEB supports the extension of Sace to include these institutions. We also believe that these institutions would like to have the professional integrity of their teachers put to the test in any company.

There are a few minor points of criticism. As the task of educating is primarily that of the parent, the AEB would have preferred that more than just two people should be nominated by the organised controlling bodies to serve on the council. Secondly, owing to the additional statutory obligations that the council now has, and their extent in the interests of education as a whole, we believe that the Government should possibly contribute to the financing of Sace on a rand-for-rand basis, and provision should have been made for this in the Bill. Financing by the state can in fact occur through clause 19(b) and (c) of the Bill, but a legal obligation should have been stipulated. One concern that we would like to mention is that the initial text of the Bill stated that registration certificates would be issued in English, unless otherwise requested. After the portfolio committee had protested this provision was omitted. It is no longer the case. The committee, however, did not see its way clear to replace this with a requirement that it should be in the language of choice of the recipient. Why not? If the drafters were initially eager to stipulate their preference for English, why are they hesitant to stipulate the right to individual language usage?

The AEB would furthermore have welcomed it if this Bill had stated in advance that teachers may not strike and toyi-toyi. A teacher who strikes is just as untenable as a minister of religion who is a womaniser!]

Furthermore, when it comes to the professionalism of teachers, I asked the council to take up the matter with the banking business in South Africa. In granting students loans, the banks rank the teaching profession inferior to most other courses of study. For example, a student teacher has to pay 3% more in interest on a student loan than a student studying B Comm Accounting. We must please attend to that.

Die AEB steun hierdie wetsontwerp. Ons wens die te verkose raad seën en sterkte toe, ook in hulle samewerking met die Minister. Ons wens is dat hierdie raad deur sy nuwe bevoegdhede ‘n onmisbare instrument daartoe moet wees dat die totale onderwyskorps van Suid-Afrika ‘n voorbeeld sal wees van professionaliteit en integriteit. Ons is dit aan ons kinders en ons land verskuldig. (Translation of Afrikaans paragraph follows.)

[The AEB supports this Bill. We wish the council which is to be elected everything of the best, also in their co-operation with the Minister. Our wish is that this council, by means of its new powers, will be an indispensable instrument, so that the entire teachers’ corps of South Africa will be an example of professionalism and integrity. We owe it to our children and our country.]

Mr M A MANGENA: Mr Chairperson, the SA Council for Educators is a body meant to protect the image of the teaching profession and enhance its status in society. Sace, as re-established through this Bill, gives educators a tool to regulate themselves and protect the interests of their members, firstly by registering all educators who satisfy conditions as determined by Sace. This will ensure that educators at least meet a minimum set of criteria before they can be active in the profession. Secondly, by determining ethical and professional standards to be observed by all educators. Thirdly, by instituting disciplinary hearings against those on their register who violate their code of ethical and professional conduct. Fourthly, by running programmes and projects to develop and improve professionalism amongst educators.

During the public hearings, some of the role-players raised concerns about the apparently formidable powers of the Minister of Education, in that he or she appoints the chairperson of Sace and approves the budget of the council every year. These concerns were shared by some of us in the portfolio committee. However, deliberations that followed clarified the legal, constitutional and other imperatives that demand that the legislation be framed in this fashion. In any case, it seems all the other similar statutory bodies for other professions operate on more or less similar lines.

At this point in time, when education is experiencing so many problems that many educators have to face, Sace might be of great help to them. Azapo supports the Bill.

Mr R P Z VAN DEN HEEVER: Mr Chairperson, the Bill that we have been discussing this morning, the SA Council for Educators Bill, or the Sace Bill as it has generally become known, deals with the processes by which to convert Sace from a labour-oriented body to a statutory body. This an attempt to move Sace away from the influence of the Education Labour Relations Council and to establish it as an independent, professional body.

The SA Council for Educators was first established in 1995 when it was collectively agreed by the state, as employer of educators, and the trade unions, on behalf of employees, to establish such a professional council to register educators and to discipline them if they are in breach of a code of conduct. Today, with the adoption of the Sace Bill, the SA Council for Educators will be required to develop, maintain and promote the image of the profession; to register educators who comply with determined minimum criteria; to establish, maintain and, from time to time, review a code of professional ethics for educators; and to advise the Minister on any relevant educational aspect.

This Bill will therefore provide for registration, professional development and discipline in order to ensure that these functions of Sace are dealt with effectively. It will make the functioning of Sace transparent and accessible to all educators. These measure will ensure that professional standards are developed and maintained. The vision of the Sace Bill in promoting and developing the teaching profession is crucial if we are to overcome the historical legacy of lack of training of teachers which has resulted in the existence of 85 000 underqualified and unqualified teachers from disadvantaged communities.

I am happy to observe that all parties have agreed to support the adoption of the Sace Bill in Parliament today. Even the DP, contrary to its record of opposition to education Bills, has announced, in the person of Mr Ntuli, its support for the Sace Bill. [Interjections.] I suspect that the DP could not oppose the formation of a professional body of educators, particularly since highly respected former educators, Mr Mike Ellis and Mr Ntuli in particular, have always been supportive of the principle of professionalism.

It is only a pity that there has not been an equal measure of support for the trade union rights of teachers, particularly since most teacher organisations have opted to become trade unions. However, I do not have a big fight with the DP on this occasion, and I feel quite touched by Mr Ntuli’s unconditional support for this Bill and the support of Mr Mike Ellis and others.

I have noted the concerns raised by Mrs Martha Olckers from the New NP in respect of a number of clauses of the Sace Bill. Her colleague Adv André Gaum raised a number of technical amendments during the formal session of the portfolio committee meeting which we as a committee considered, but did not entirely agree with. We acknowledged, however, that amendments proposed by Adv Gaum at that time were not necessarily opposed to the spirit and principle of our Constitution, and our difference of opinion with the amendments he proposed were not based on principled differences, but rather on differing views based on technical considerations of formulation.

My difference of opinion with Mrs Martha Olckers is based on the same sentiments. With regard to Mrs Olckers’s request for the inclusion of parents on the SA Council for Educators, I wish to refer her to the very clause 6(1)(d) that she referred to, in which the Bill makes provision for the nomination of two persons by national associations representing school governing bodies. If we did not elect parents through school governing body structures, it would be very difficult indeed to determine from among the thousands of educators who exactly would be represented on Sace.

The ANC also does not agree with Mrs Olckers that it is necessary to repeat the principle in the Sace Bill, which is already contained in our Constitution, with regard to respecting every person’s language rights. As far as Mrs Olckers’s point about the language in which the registration certificates of educators are printed is concerned, we do not feel that such detail should be set out in legislation, but that it should rather be dealt with in the regulations of Sace.

As far as Mrs Olckers’s view that the department should contribute financially towards Sace is concerned, the ANC is satisfied that clause 19 of the Sace Bill makes provision for Sace to receive donations and contributions from any legitimate source, including Government. We are therefore of the opinion that Mrs Olckers’s concern in this regard has been covered. Without rejecting any responsibility on the part of Government to supply funds to Sace, the ANC believes that it is a vital condition for the independence and professional integrity of Sace that teachers themselves contribute to the funding of the programme of Sace.

Even though a great deal of unanimity has been displayed by the various role-players and parties here today, the passage of the Sace Bill through the processes of the Education Labour Relations Council and the Portfolio Committee on Education was by no means an entirely smooth process. After the conclusion of a memorandum of understanding between teacher unions and the Department of Education in the Education Labour Relations Council, the teacher unions became unhappy because of what they considered to be the increasingly dominant role played by the Minister of Education with regard to various aspects of the original Sace Bill.

The unions believed that educators were professionals in their own right, and that the profession should therefore be allowed to regulate its own professional issues. Sadtu, in particular, was of the view that the principle that Sace should be an autonomous professional body, in which the profession regulated itself, was compromised in the first draft of the Bill. The unions were also particularly unhappy with the original clause in respect of the appointment of the chairperson of Sace, whereby the Minister would have had the power to appoint a chairperson from outside the proposed three names which the council could put to him, if he so desired.

After a process of public hearings, during which the Portfolio Committee on Education provided ample opportunity for all teacher unions to motivate their concerns, a number of amendments were brought about with the full concurrence of the Minister. In this process, the following concerns of teacher unions were resolved. The first concern dealt with the appointment of the chairperson of Sace within the parameters of five names proposed by the council. The second concern dealt with the restriction of the Minister of Education to only appoint a chairperson from the list of five names submitted by Sace, and not from outside the nominated names of the council. The third concern dealt with the recognition that union officials who were registered educators could also qualify for and aspire to the position of chairperson of Sace.

We are confident that the teacher unions should be fairly satisfied with the various amendments that have been brought about on the basis of the inputs to the public hearings conducted by the Portfolio Committee on Education. On the one hand, there must be the realisation that Sace is not constituted, nor does it operate, like the Education Labour Relations Council. The educators are, therefore, not there as representatives of particular unions, and it is the wish of the ANC that Sace operates as a collective in favour of the broad body of teachers in South Africa. [Applause.]

The MINISTER OF EDUCATION: Chairperson and hon members, I think this House is capable of not permanently engaging in megaphone politics of silly partisan opposition.

I think that most members here - for example, in particular, the two hon Ntulis - reflected the mood of the community at large and our country, but there are certain issues that we need to consider very seriously, very pointedly and conscientiously, to reflect the mood of our country. In fact, that is why I think that the House can rise to the occasion, however attenuated the attendance may be at 09h00 in the morning. It can rise to the occasion.

Therefore, I say that, in the educational area, we must not, in fact, indulge in silly partisanship and point-scoring. That is why I regret very much the contribution of the hon Olckers. This is not a toy boy. I was going to say, under the Constitution, until 1994, only women could have toy boys. Now we are very ecumenical and broadminded, and anybody can have a toy boy in South Africa. This was given to me by the Three Continents Conference on Racism. It epitomises a universal teacher. I mentioned that it was not representative by colour or by gender, but Mrs Olckers was not listening at that time.

I have brought this here simply as a symbol of our devotion to the teaching profession. All the proposals that the hon member made today were rejected by the portfolio committee, for very good reasons. They have been rising from the dead, as it were. It is unfortunate. I do not want to make partisan politics about the state of mortality of the New NP, or its immortality, as some of us may hope, because one cannot, in fact, raise from the dead the arguments that, for example, a parent association should be represented.

Part of the problem at Vryburg High School is that the parent association substituted itself for the governing body. That is part of the problem. I have a letter here, from an hon member, which I received this morning. The hon Nana Mnandi discusses with me and talks about what is happening in Vryburg. This is, in fact, the parent association often being representative of the old-style, racial approach in regulating schools.

As the hon professor from the IFP said, with respect to the governing bodies, we lead the world in many areas. It is the function of public representatives to build up the governing bodies, to ensure that they are working, and we are the first body that I know, anywhere in the world, that has two representatives from the governing bodies association in South Africa. Let me say, I have invited members already, but I will use the five nominees to be as broadly representative of parents; not professional specialists only, but genuine participation. I have no disagreement on this matter, apart from the hon Olckers, who is making silly party-political oppositions.

Everything that we are doing now is part of a continuum of what was laid down from 1994 onwards by the hon Sibusiso Bengu. [Interjections.] I know. He said that before, too, in another debate. We are continuing that tradition. But, of course, part of a democratic position is to review policies. Everywhere in the world, they have reviewed curricula. Two years after the new curriculum, they reviewed the process in the United Kingdom. It is part of our strength that we should review. So, far from saying that it is a disaster, in fact, what the teacher unions now recognise is that our commitment to outcomes-based education is also associated with teacher development. So, I will not spend much more time on this, because I think that nobody else reflected that partisan opposition like the hon Olckers did.

In relation to what the hon Sam de Beer said, he should know that a memorandum of understanding is part of a process of legislation. A memorandum of understanding cannot bind the national Parliament or the executive. It was part of a process which we took into account. But let me say quite clearly: The only power I have as a Minister, and this applies to my successors too, is to appoint the chairperson. There is no other power, and how could the council be a lackey when the hon professor from the IFP said that what we want to show the rest of the world is how we can do things well in our country. That is why it is very important that we should get away from the fact that this council should be like the law society - self-indulgent, self-seeking, with closed systems of professionalism.

The hon Buthelezi raised this matter in the Cabinet. Why should the chairperson be chosen from the council itself? That will reflect what Jeremy Bentham said 150 years ago, namely that professions are a conspiracy against the laity. That is what Jeremy Bentham said. We must move away from that approach and the Cabinet insisted that I should appoint the chairperson without any discussion with the council. The compromise we have now reached, without reference to the Cabinet, I regret to say, is that five nominations will be made by the council and the Minister will choose one from among the five. However, the Cabinet was very insistent that we do not want a replication of what happens in the legal profession and the other conspiracies against the laity, and I say this as a lawyer myself. So can I say, therefore, that what we have arrived at is a solution for South Africa, made by South Africans too, and there are compromises along the way, but let us remove this idea of its being a lackey or the Minister having inordinate powers. That is not true.

Can I also say that the Deputy President spoke in KwaZulu-Natal the other day and he said that teaching must be an essential service. I will put his speech in the library. What he meant by teaching being an essential service was not an essential service in the labour relations’ sense, which I rejected in a question which was asked last year. However, it is vital for the development of our country and, therefore, nothing should interrupt the teaching process and, in fact, we should have this continuum that teaching will take place for 196 days. It is very important that we recognise, through support for the Bill, that teaching must be a more than honourable, essential service for our country.

I am grateful to the portfolio committee, I am grateful to the trade unions, in particular - never minimise the role of the trade unions - I am grateful to members here, and particularly my officials who have gone through a long process of negotiation over this Bill, lasting nearly two years. I think that we have a lively, enthusiastic council, which will not resolve all the problems we have, but which will engage in debates with the department, Parliament and everybody else. Thank you very much to hon members for their support for this Bill. I think that we are on the way to providing remedies for the pathologies that we have faced up to now in the teaching profession. [Applause.]

Debate concluded.

Bill read a second time.

             LOCAL GOVERNMENT: MUNICIPAL ELECTORAL BILL

                       (Second Reading debate)

The MINISTER OF HOME AFFAIRS: Deputy Chairperson, hon members, the dust of the 1999 general elections has settled, and the activities of the Independent Electoral Commission for the new financial year will be focused on the delivery of the local government elections. These elections will usher in a new dispensation for local governance, with new structures, new systems and new procedures, and will generally transform local government.

The new municipal order introduces a much more complicated electoral system than the one that pertained to last year’s national and provincial elections. The multiparty negotiations of 1993 resulted in a uniform electoral system for the election of the National Assembly and the nine provincial legislatures, namely a system of proportional representation.

The electoral system in the interim Constitution of 1994 was retained in the final Constitution for the first national election held under the Constitution of the Republic of South Africa in 1999. In the case of local government, an interim dispensation was agreed upon, and transitional councils were elected in 1995 and 1996.

The interim system contains an element of proportionality, but overall proportionality was not achieved as a quota of ward seats was reserved for the pre-1994, racially based councils. The result was that those votes were weighted and the principle of one person, one vote did not apply. Ward and party-list elements were combined without adjustments to ensure overall proportionality. The final Constitution requires the same principle of overall proportionality for local government, as applies to the National Assembly and provincial legislatures, even though a first-past-the-post ward element is retained. The forthcoming local elections will thus be the first where the principle of one-person-one-vote will apply in this sphere of government.

A very important difference between the local government elections of 1995- 96 and those of this year is in the administration and control of the respective elections. In 1995-96 provinces were responsible for the regulation of elections in terms of the general provisions in the Local Government Transition Act. A co-ordinating local government election task group was established, but it had no statutory powers. Each town clerk was a legal entity as municipal returning officer, and it was therefore impossible to attain uniformity with regulations and the application thereof. For the local government elections of this year, national electoral legislation will apply, and since the Independent Electoral Commission is responsible for all elections, a greater degree of uniformity will be attained.

The Electoral Act, Act No 73 of 1998, which regulates the elections of both the National Assembly and provincial legislatures, does not contain specific provisions for municipal elections. The reason for this is that, at the time it was passed, the structure and representation of municipal councils were still being thrashed out. What section 2 of the Electoral Act of 1998 provides for is the authorisation for the Independent Electoral Commission to further regulate municipal elections by making regulations regarding virtually every aspect of an election, including, inter alia, the calling of elections, party lists, candidates, deposits, objections to candidates, voting procedures, etc. This brought about an unsatisfactory situation, as it empowers the IEC to exclusively legislate on municipal elections over and above the management thereof.

Considering the large-scale amendments to the Electoral Act of 1998 that would have been required in order to provide for municipal elections, it was felt prudent rather to draft an entirely separate piece of legislation to deal extensively with such elections. That is how the Local Government: Municipal Electoral Bill of 2000, the Bill before the hon members today, came into being. This has brought us to the brink of the final stage of local government transformation in South Africa. Local government elections in 2000 will deliver South Africa’s first postapartheid and revamped local government system.

In all the processes leading up to the municipal elections later this year, there have been a number of role-players involved. These include the Department of Provincial and Local Government, the Department of Home Affairs, the Independent Electoral Commission, the Demarcation Board, the nine provincial governments and the SA Local Government Association. I want to take this opportunity to thank all the role-players for the excellent co- operation that has existed thus far, and wish them success in the work that still lies ahead. I trust that these few words will lead to a fruitful debate on the Local Government: Municipal Electoral Bill of 2000. I thank all hon members. [Applause.]

Mr D A M0KOENA: Chairperson, hon Minister of Home Affairs, Dr Mangosuthu Buthelezi … [Interjections] … I said Doctor'', I did not say Chief’’ - hon members, members from the IEC as well as members from the department, that is the legal section, it is a great honour and privilege for me to stand here and support the two Bills. The main Bill is the Local Government: Municipal Electoral Bill, which the Minister has outlined, and the second one is the Identification Amendment Bill, which will be dealt with hereafter.

As was indicated in the first motion that was read this morning, namely that today is Africa Refugee Day, I am proud to say that the Ministry of Home Affairs has crafted a very good Bill which came into effect as an Act of Parliament on 1 April this year in order to address a number of aspects of this very complicated issue of refugees. So, well done to the Ministry for its prudence in crafting a piece of legislation like that, which we all know cannot be perfect initially but can be improved on as time goes on.

I am very happy and proud that today we are passing this Bill which is going to stabilise local government and ensure that the IEC has a potent legislative tool that it will use in order to run the forthcoming municipal elections. As hon members know, a country in transition is always judged by subsequent elections, because it is assumed that there would be teething problems in the first election. We are now faced with the second elections that will take place as soon as the date has been proclaimed. We celebrate the deepening of democracy, as I have said, because it marks a very progressive and dramatic departure from the 50-50 arrangement that was initially negotiated by the parties.

The Bill also puts to rest the question of who is to vote and where. As hon members know, local government elections are about local issues and care was therefore taken actually to describe where people must vote so that there should be no confusion when voters go out there to vote. This will eliminate incidents in which voters spend the whole day in a queue only to be told by a presiding officer that they cannot vote there, and that they must go and vote elsewhere. That is why, in the definitions, it is clearly explained that a voter may only vote where he or she normally resides. I have already mentioned the fact that there is another Bill, the Identification Amendment Bill, which will provide for the exclusive use of green barcoded IDs, and that will be elaborated upon at the appropriate time.

It is important to sketch the process that has brought us to where we are now. I am only going to deal with the major points. My colleagues are going to deal with the specifics. The process began when, on 9 May, our Minister tabled the Bill before the portfolio committee. Thereafter, the programming committee of the National Assembly looked at the timeframes and resolved that we should fast-track this Bill. That empowered the committee of the National Assembly to meet jointly with the Select Committee on Home Affairs in order to fast-track the Bill so that we could move in tandem.

On 5 June, we conducted public hearings. It is very important to note the comments by the public so that, in future, when one calls the public to come and deliver comment, they will not say that politicians always do that but already have a foregone conclusion of what is going to happen. Here we have taken on board public comments.

The first point was of a technical nature. All those points relate to the technical nature of the Bill, so I am not going to bore the House with all those details. The second one relates to the fact that the electoral amendments should be made at least one month before the elections. We should not have a situation in which, within the last thirty days, there is a flood of activities trying to amend this regulation, that law, etc. They also say that we must be careful of leaving the door open to fraud in terms of ballot boxes, their transportation from various points and so on.

As far as possible we must avoid a situation in which immediate members of a family are in charge of a particular voting station, to avoid problems of nepotism and others. Also, access to property should be viewed very carefully to ensure that, in some cases, arrangements are made with farmers to have their places designated as voting stations. But then there are problems when people have to go to access those voting stations. Some people say: ``Nie op my plaas nie!’’ [Not on my farm].

We were favoured by the input from the lawyers who came from the state lawyers’ division, lawyers from the department and the IEC. That made our job very easy, because those three brains all conferred among themselves in order to remove all the obstacles and all the legal strictures that would necessitate litigation as we proceeded with the elections. As hon members know, in previous years, there were several acts of litigation which had the effect of delaying and frustrating the electoral process.

I am happy to say that the legal minds have been very helpful and the committee was very co-operative. We avoided, as far as possible, partisanship. Members expressed their views according to how they saw the matter and it was not a question of this party versus that party, because, as Chair, I explained to them that it is our business not to try to politicise issues of Home Affairs.

I see that the light is flickering now. [Interjections.] The Bill was actually adopted on the 12th of this month and it is being debated today. There is also a whole list of amendments that most of us were in agreement with. I am very happy that we have a credible piece of legislation that will deepen local government elections and ensure also that we have a credible, standardised voters’ roll.

With these few words, I thank you, Chairperson and hon members, and I urge the House to vote for this Bill, so that we can have a very powerful, potent legislative tool to be given to the IEC to run the elections and to minimise filibustering, frustrations and court actions that will ultimately destabilise local government. [Applause.]

Mr M WATERS: Chairperson, hon Minister and hon members, the Local Government: Municipal Electoral Bill will set the framework in which the forthcoming municipal elections are to be fought later this year. The date which we are all working towards is 1 November.

While the DP agrees with most of what the Bill contains, we have some fundamental problems, which my colleague and I will highlight. The first issue of grave concern to the DP is the fact that people whose names do not appear on the voters’ roll will be able to cast a ballot on election day if they have in their identity documents a receipt of registration from that particular voting station. The voters will then simply have to complete a sworn affidavit and will be allowed to vote.

The DP’s concern is that the zip-zip machines, which are registration machines which produce barcoded receipts, or a manual receipt book, could be stolen, as has happened in the past, which would allow the receipts to be issued after the voters’ roll has been closed. This would then allow a nonqualifying person to cast a vote in a voting district of his or her choice. This could lead to marginal wards and councils being loaded in favour of a particular party and/or candidate.

There will be a period when the voters’ roll will be open for inspection, during which a person who registered can inspect the voters’ roll. If one finds that one’s name does not appear on the voters’ roll, one will be able to object and have one’s name reinstated. The DP believes that this provision is more than adequate and will not lead to the loading of wards. [Interjections.]

Mr J H MOMBERG: You were such a nice boy before you became involved with the DP.

Mr M WATERS: You were never a nice boy, though.

By allowing people whose names do not appear on the voters’ roll to vote on election day, we are giving the IEC an escape clause by not insisting that the flaws in their computer systems be addressed. We cannot allow the glitches and hiccups that occurred in the June 1999 election to reoccur. The point of view of not allowing people to have their names added to the voter’s roll on election day was also supported by Salga, the SA Local Government Association, which represents all parties across the length and breadth of the country.

Another area in the Bill to which the DP has a principled objection is that of the scrapping of both sections 55 and 56, which would have allowed for special votes. I say ``would have’’ because both of these clauses were removed from the Bill, disappointingly, with the full support of all the parties in this House, except that of the DP. The Bill was quite restrictive in awarding special votes, as they were only extended to the physically infirm or disabled and to the officers of the election and security services who would be away from their voting stations on election day doing their duty for the country.

The DP believes, as did the state law adviser, that special votes should be extended to all voters who will be away from their voting stations on election day. After all, we want to make the election as inclusive as possible by assisting those who need the assistance. The DP believes that the removal of special votes from the Bill is an infringement of voters’ constitutional rights and that it deprives them of one of their basic rights, and that is the right to vote. Denying the most vulnerable and helpless people in our country and all those who will be ensuring that the election is run smoothly and fairly of their vote, is an injustice and an indictment of the Government’s attitude towards the principles of open, free and fair elections in this country.

The DP does not believe that a day for special votes would be a logistical nightmare. If we allow that kind of attitude to prevail, we may as well not have an election day, because that too is a logistical nightmare. In fact, having a day dedicated to special votes could be seen as a dress rehearsal for election day, because any hiccups could be identified and ironed out before the big day on 1 November.

An additional factor which threatens the smooth running of the election in November is the unacceptable underfunding of the IEC. I have mentioned the situation in the House before on previous occasions. However, owing to the seriousness of the situation, the DP believes it warrants further attention. No organisation can operate in an efficient and effective manner when it has a mere 47% of its required budget. The only way in which to manage financially would be to cut corners, which the IEC is already doing. Some of the corners that have been cut include the scrapping of special votes, the scaling down or, in some areas, the stopping of voter education as to where, when and why to register, and, lastly, the absence of serial numbers on ballot papers. These all have to do with the IEC’s underfunding.

Not only are the IEC’s hands tied behind its back, so too are those of the Department of Home Affairs, which is finding it increasingly impossible to render an essential service to people wishing to apply for barcoded identity documents before the voters’ roll closes in August this year. The department has no money to run mobile offices, thus preventing people wishing to apply from doing so.

The DP recognises that there cannot be a Home Affairs office in every little town. However, it is the responsibility of Government to ensure that all citizens have reasonable access to services through mobile offices. The problem is widespread throughout the country and not confined to any particular region or area. However, I would like to cite one example to the Minister, and that is of the residents of the Gamtoos valley and the Langkloof area in the Eastern Cape who are unable to apply for their barcoded IDs, because the Port Elizabeth region has neither the extra personnel nor the finances to run mobile offices in these areas. The district office needs an additional 30 staff members in order to reach all the rural areas.

Later today we will be amending the Identification Act, which will be nullifying all nonbarcoded ID books. This is a perfect example of how this Chamber passes legislation after legislation with little or no regard for the financial implications and how the legislation will be carried through and implemented.

The DP proposes the following three steps: firstly, that the moratorium on the payment of overtime be lifted with immediate effect; secondly, that the existing Home Affairs staff be allowed to work over weekends in mobile offices and be paid overtime - this will alleviate the problem of training new personnel; and, lastly, that the ANC Government face its responsibility to the country by allocating the necessary financial support towards the Department of Home Affairs for the running of mobile offices, at least until the voters’ roll closes in mid-August this year.

Democracy is expensive. Elections do cost money. However, if we dare to cripple democracy by withholding funding, the consequences will be incalculable. On the grounds I have stated above, the DP will be opposing the Bill.

Mr J H VAN DER MERWE: Mr Chairperson, I could not help hearing the hon member saying ``not very exciting stuff’’. I think he was referring to his own speech, which I certainly did not find exciting. [Laughter.] [Interjections.]

I think that the hon member was just trying, once again, to show the guts of the DP to oppose. The things that he said have been very properly debated by the committee, and what he is stating here today has been dealt with properly, as the chairperson can confirm. He had the chance to put it in the committee, but he could not accept the fact that they were in the minority there, and that his ideas were not good enough. It was rejected by the majority. [Interjections.] It was just a lot of hot air, nothing substantial in it, and I do not even want to react to him any further. [Applause.]

The Bill is the product of sterling work by the Independent Electoral Commission and the Ministry of Home Affairs. The IFP appreciates the good co-operation that exists between these two departments and we wish them well. It is true that the 1998 Act did not go far enough in addressing the nitty-gritty of local government elections. That is true. This Bill attempts to do just that, in respect of the forthcoming election.

Although the Bill holds a few surprises for the electorate, such surprises could disappear if we seriously want cleaner elections. The challenge, therefore, for political parties, and this is very important, is to assist the IEC in the drive for voter education. Every voter, young and old, should undergo voter education in order not to be confused by words such as: who may vote?''the electoral code of conduct and its contents,’’ ``absence of special votes’’, and many other words and procedures. We want to emphasise the absolute importance of the electorate knowing what voting is about.

The electoral code of conduct is a measure by which the Bill seeks to achieve free and fair elections. The measure is necessary because most elections, worldwide, are generally declared free and fair despite a myriad of complaints and objections raised by parties and individuals. It is a justifiable norm that the result of elections should not be delayed beyond the seventh day after the election, except in extraordinary circumstances. Objections to the results discovered after the seventh day are difficult to be entertained.

It is therefore imperative for parties to educate the electorate, and also the members of the DP, to alert them to the dire consequences of a free but unfair election. Such a scenario needs to be avoided by all men and women of goodwill to ensure that South Africa’s young democracy flourishes without intended or unintended hiccups. The largest hiccup that we have had in this House today is, of course, Mr Ellis. The portfolio committee spent a great deal of time trying to give real content to each and every clause so that the Bill could finally become a people’s law. [Interjections.]

Mr M J ELLIS: Who wrote that speech? Mr J H VAN DER MERWE: Who wrote it? I wrote it. Does the hon member want to see my handwriting? [Laughter.] He says it is a good speech and he cannot understand that I wrote it, but I normally write good speeches and I am even prepared to teach him how to write good speeches. [Applause.]

The Bill contains electoral procedures and does not harbour the political ambitions and emotional undertones encountered in other Acts dealing with local government. The Bill aims at delivering a clean election to the people of South Africa, so that they can enjoy the benefits of a legitimate third year of governance.

The IFP supports the Bill with the hope that the wall-to-wall ward demarcation process does not muddy the waters of the local government election. This will be a sad day for South Africa, and especially for traditional communities, and will be doing a disservice to the drafters of the Local Government: Municipal Electoral Bill. We are therefore all called on to strive to avoid such bad faith. The IEC has been bold enough to provide clause 26 in the Bill.

The CHAIRPERSON OF COMMITTEES: Order! Hon member? Mr M J ELLIS: Chairperson, I wonder whether the hon member would be prepared to answer a question?

Mr J H VAN DER MERWE: Certainly, Chairperson, provided it is a difficult one.

Mr M J ELLIS: Chairperson, I think for him it will be a very difficult one. The DP would like to know how many Home Affairs committee meetings he has attended. [Interjections.]

Mr J H VAN DER MERWE: Chairperson, that is a very easy question to answer. In the 23 years that I have been in Parliament I must have attended a hundred of them. [Laughter.] He thought he had me!

The CHAIRPERSON OF COMMITTEES: Order! Continue, hon member.

Mr J H VAN DER MERWE: Chairperson, clause 26 charges the commission, and nobody else, with the responsibility to deliver voting material to the voting stations before they open at 7 am on voting day. This is a very important provision when one recalls past elections, where some stations could not open on time, especially in rural and traditional areas. We trust that the commission will punctually honour clause 26.

The final provisions are in Chapter 6, dealing with the procedures, verification procedures, objection procedures concerning verification, sorting of ballot papers and the counting of votes, the results of the count, determination and declaration of the results, as well as objections material to the declared results. All sweat and tears in preparing for the election are contained in Chapter 6.

Although every election has a political content, the IFP invites all parties and individuals to approach this election with open minds, so as to ensure that democracy will flourish in our country despite the existence of the DP. [Applause.]

Mnr I J PRETORIUS: Voorsitter, dit is vir my aangenaam om aan hierdie debat deel te neem. Ek wil begin deur vir die voorsitter van die portefeuljekomitee te sê ek dink die een aspek wat werklik uitstaan in hierdie debat, of die portefeuljekomitee se werksaamhede, is die feit dat ons werklik waar in diepte en langdurig gepraat het oor die wetgewing wat met die verkiesing verband hou. Met ander woorde, ek wil sê dat ek nie die kritiek van die DP as voldoende beskou om teen hierdie wetsontwerp te stem nie. [Tussenwerpsels.] Ek kan aan die Huis sê dat ons as Nuwe NP-lede beswaar of bedenkinge het teen sekere aspekte, maar dit is nie genoeg om ons te oortuig om teen hierdie wetsontwerp te stem nie.

Ek kan ook aan die Huis sê dat die spesiale stemme waarvoor die DP so sterk pleit, nou regtig nie ‘n realistiese benadering is nie. Daar was ook in die verkiesings van 1995 en 1996 nie spesiale stemme nie. Waar ek wel met hulle saamstem, is dat ons, eerstens, bedenkinge het oor die feit dat daar nie genoeg geld is om die teenblaaie van stembriewe te nommer nie, en, tweedens, dat persone stemreg kan verkry indien hulle op die stemdag kan aantoon dat hulle wel daardie strokie in hulle boekie het, of die kwitansie het dat hulle wel geregistreer het, of aansoek gedoen het om registrasie. (Translation of Afrikaans paragraphs follows.)

[Mr I J PRETORIUS: Chairperson, it is a pleasure for me to participate in this debate. I want to start by telling the Chairperson of the Portfolio Committee that I think that the one aspect which really stands out in this debate, or the deliberations of the portfolio committee, is the fact that we really spoke in depth and for some time about the legislation pertaining to the election. In other words, I want to say that I do not consider the criticism of the DP as sufficient reason to vote against this Bill. [Interjections.] I can tell the House that we as New NP members have objections to or misgivings as regards certain aspects, but this is not sufficient to convince us to vote against this Bill.

I can also tell the House that the special votes that the DP is making out such a strong case for, are really not a realistic approach. There were no special votes in the 1995 and 1996 elections either. The matters on which I do agree with them are, firstly, that we have misgivings regarding the fact that there is not enough money to number the counterfoils of ballot papers, and, secondly, that people are entitled to vote if they can indicate on polling day that they do have that strip of paper in their identity book, or have the receipt to prove that they have registered, or have applied to register.]

The CHAIRPERSON OF COMMITTEES: Order! Hon member, are you rising on a point of order? Ms A VAN WYK: Chairperson, I would like to know whether the hon member will take a question.

The CHAIRPERSON OF COMMITTEES: Order! Hon member, will you take a question?

Mr I J PRETORIUS: Yes, Chairperson.

Ms A VAN WYK: Chairperson, I would like to know whether the hon member caucused with his new Chief Whip before he started his speech. [Laughter.]

Mr I J PRETORIUS: Chairperson, that hon member must please table that question. I will answer it next week. [Laughter.]

Die tweede punt van kritiek wat ons het, is dat ‘n persoon op stemdag daar aankom en, ingevolge artikel 7, kan sê dat hy ‘n kwitansie het en daarmee aansoek doen om wel te kan stem, al is sy naam nie op die kieserslys nie. Daarmee het ons probleme, maar ek hoop die OVK sal seker maak dat daardie probleme uitgestryk word.

Ek wil voortgaan deur te sê dat hierdie munisipale kieswetgewing in hoofsaak die reëls bepaal wat die OVK en alle partye moet volg om te verseker dat ‘n vrye en regverdige verkiesing gehou word. Verder is die reëls vir die munisipale verkiesing wat ons vandag hier bespreek in ‘n groot mate dieselfde as wat dit was met verlede jaar se verkiesing. Dit is inderdaad ‘n afdruk van verlede jaar se Kieswet. Daar is egter aanpassings gemaak om te verseker dat die munisipale verkiesing, wat ‘n bietjie meer ingewikkeld is, volgens hierdie reëls gehou kan word.

Die hoofkenmerke van hierdie voorgestelde wetsontwerp is: watter kieserslys gebruik gaan word, wie mag stem en die vereistes waaraan proporsionele en wykskandidate moet voldoen. Verder word die reëlings vir stemdag en die tel van stemme, asook die bepaling van die uitslag, volledig behandel.

Daar is egter een aspek waaraan die Regering werklik ernstig aandag sal moet gee - alle partye stem daaroor saam - en dit is die feit dat die OVK nie genoeg geld kry nie. Die OVK ontvang nie genoeg geld om hierdie verkiesing, na my mening, behoorlik te administreer nie. Die administratiewe reëlings wat getref moet word, en die amptenare wat in diens geneem moet word, gaan baie geld kos. Ek wil inderdaad die Minister en ander partye, ondersteun en vra dat die Regering werklik die moeite moet doen en ‘n gebaar moet maak om meer geld aan die OVK te gee.

Wat die stemdag self betref - ek dink die vorige spreker, die agb Van der Merwe, het daarvan melding gemaak - was daar in die vorige verkiesings heelwat gevalle waar die OVK nie gereed was toe die stembusse om sewe-uur die oggend moes oopmaak nie. Dit is reëlings waarna die OVK inderdaad sal moet kyk om seker te maak dat wanneer mense die oggend daar opdaag, die OVK gereed is om hulle te laat stem, sodat ons nie weer die situasie gaan hê dat stemmery tot die volgende oggend vier-uur aanhou nie. Die huidige wet bepaal spesifiek dat die stemure slegs met die kommissie se toestemming tot middernag op die stemdag verleng kan word.

Ek wil afsluit deur te sê die Nuwe NP ondersteun hierdie wetsontwerp, en ons hoop dat daar op 1 November ‘n vrye en regverdige verkiesing sal plaasvind. (Translation of Afrikaans paragraphs follows.)

[The second point of criticism we have, is that on polling day a person may arrive at the polling station and, in terms of clause 7, say that he has a receipt and then apply to vote, even if his name does not appear on the voters’ roll. We have a problem with that, but I hope that the IEC will ensure that these problems are ironed out.

I want to go on to say that this legislation on municipal elections in the main lays down the rules which the IEC and all parties must comply with to ensure that a free and fair election is held. Furthermore the rules for the municipal election which we are discussing here today are to a great extent the same as they were during last year’s election. This is in fact a copy of last year’s Electoral Act. However, adjustments have been made to ensure that the municipal elections, which are a bit more complicated, can be held according to these rules.

The main characteristics of this proposed Bill are: Which voters’ roll is going to be used, who may vote and the requirements which proportional and ward candidates must meet. Furthermore, the arrangements for polling day and the counting of votes, as well as the determination of the result, are dealt with fully. There is, however, one aspect which the Government will really have to give serious attention to - all parties are agreed on this - and that is the fact that the IEC is not getting enough money. In my opinion the IEC is not getting enough money to administer this election properly. The administrative arrangements which must be made, and the officials who have to be employed, are going to cost a lot of money. Indeed, I want to support the Minister and other parties and ask that the Government really take the trouble and make a move to give the IEC more money.

As regards polling day itself - I think the previous speaker, the hon Van der Merwe made mention of this - in the previous elections there were quite a number of cases where the IEC was not ready when polling stations were supposed to open at seven o’clock in the morning. These are arrangements which the IEC will indeed have to look at to ensure that when people arrive there in the morning, the IEC is ready to enable them to vote, so that we do not again have the situation that voting continues until four o’clock the following morning. The present Act specifically provides that the voting hours may only be extended up to midnight on polling day with the permission of the commission. I want to conclude by saying that the New NP supports this Bill, and we hope that a free and fair election will take place on 1 November.]

Ms M M MAUNYE: Chairperson, I am not going to waste my time on the remarks made by the hon Waters.

We again call on all South Africans to go to the polls this year to elect men and women of integrity who will fulfil their dreams of a better life. It is indeed a known fact that not all the people or parties that are part of this gathering share the commitment of making life better for all the people of this country. There are those parties which want to continue to preserve apartheid.

Over the last five years we have made the lives of our people better, and we will continue to do so. We will continue to strive towards a better life for the majority of our people, not just a few, and we will continue to respect the democratic order that prevails in our land.

There are two areas that the Bill focuses on. The first one is the area of prisoners and why they cannot vote. The second issue is the position regarding women. The question of prisoners voting or not voting is a contentious one. The international experience at my disposal is that prisoners do not vote, and that prisoners cannot enjoy all the rights that law-abiding citizens enjoy.

The penal reform project of Lawyers for Human Rights, in its submission during the public hearings, had this to say about prisoners:

Prisoners have almost no interest in good governance at local level. Their interest in clean water and reliable electricity is sufficiently taken care of by custodial duties that the state has in respect of prisoners.

Their lack of interest is in part due to the fact that, in most instances, they are not in their places of residence. Schedule 2 of the Local Government: Municipal Electoral Bill, in amending section 7 of the Electoral Act of 1998, explains it in this fashion:

A person is regarded to be ordinarily resident at the home or place where that person normally lives and to which that person regularly returns after any period of temporary absence. On the issue of awaiting-trial prisoners, the penal reform project also had this to say:

The denial of awaiting-trial prisoners is justified on the basis not of their status as prisoners, but on practicalities and the fact that such incarcerations are normally not at the place of normal residence after the initial period in police custody.

If the public is unanimous on the issue, why should we argue about it? The ANC supports the view expressed by the penal reform project.

The issue of women is always a thorny one. Women have been excluded from public life for too long in this country. The African women in particular and black women in general were the worst victims of apartheid stereotyping. Clause 6 of Schedule 1 deals effectively with the issue of women taking part in the general elections and the coming municipal elections. This clause protects and encourages women’s participation in any political activity as being the equals of their male counterparts. This is a milestone in the struggle waged by women for years.

The issue of the voters’ roll is a critical one in any election. It must be updated. Voters must go and check whether their names appear on the voters’ roll, and whether they are registered in the places where they stay. The voters’ roll must correspond with the number of the registered voters in the ward. This is done to prevent fraud and corruption, and to ensure that elections are free and fair.

As members of this House, we must redouble our effort in urging our people to register. To the first-time voters I wish to say that they must know that they are the future and they must start now by becoming responsible citizens. They must go and register, and vote. They must make it their duty to have a barcoded identity document for the purpose of this election. [Applause.]

Ms A VAN WYK: Chairperson, the hon the Minister and members of the House, local government is the level of government that is the closest to the people. It is at this level that South African citizens are able to judge whether they are receiving good governance or not. It is at this level of governance particularly where people experience delivery and nondelivery of service. The local government elections that are still going to take place this year also mark the last of the political transitional arrangements of our young democracy. This is therefore a very important milestone for South Africa, and it is of the utmost importance that this election takes place under free and fair circumstances.

For the UDM, the burning issue in this election remains the lack of proper funding for the Independent Electoral Commission. This constant underfunding results in the IEC compromising on, what we believe, are some of its more important functions. When the question was put to the IEC whether they envisaged having to cut their budget in response to underfunding, they answered that, firstly, they would print black and white ballot papers; secondly, they would have to cut down on voter education; and thirdly, they would cut down on the number of mobile voting stations.

These are budget cuts that we believe will directly impact on the fairness of this election. The printing of ballot papers in black and white impacts because of the high illiteracy factor within our society. Many voters recognise their political party through recognition of its emblem and colours. The cut in spending on voter education will further disenfranchise many citizens.

This election will be a very complex one. In some areas, mainly rural areas, the voters will receive three ballot papers. Cutting on voter education, not only on how the election will take place but also on how the new municipal system will work and what it will offer the voter, is depriving them of access to and knowledge of an institution that should empower them. Decreasing the number of mobile voting stations will again impact on those communities which are already deprived of the most basic services.

It is a known fact that the Department of Home Affairs, because of the lack of funding, is not able to service the rural communities as well as they should. We have heard in this Chamber a number of times about the difficult circumstances under which rural South Africans obtain services of the department. We should not create the perception that we do not care, or that we care less, for those in the rural areas.

We call on the IEC to make sure that they do everything in their power to ensure that they provide sufficient funding and prioritise the electoral needs of the rural communities. For the reasons mentioned, the UDM again calls on the Government to make the IEC truly independent and to separate its funding from that of the Department of Home Affairs which, as a result of this, also experiences unfair pressure. If the Independent Complaints Directorate can have a separate Vote, then, surely, the custodians of our democracy should not be treated differently.

The Bill before us is very similar to the one that governed our general elections during 1999. It is thorough, clear and leaves little room for individual interpretations. This makes it a good piece of legislation. There are also certain improvements in this Bill of which the most important is that no regulations can be changed in the month before the election. This, we believe, enhances the democratic process, as it closes the door on arbitrary, last-minute changes, as experienced during the general elections of last year.

The Bill does not allow for special votes - a decision that we support. Special votes were, in the past, a bone of contention, because of the opportunity that they provided for fraudulent actions. The one objection that we do have is the fact that ballot papers will not have serial numbers printed on them. We experienced, during the 1999 elections, that ballot books differed with respect to the number of ballot papers in them. Some books had more than the supposed number and other books less.

The UDM strongly believes that serial numbers on ballot papers would have enhanced the reconciliation and the openness of the election. It provides another tool to limit fraudulent activities and sceptism. The irony, once again, is that this decision is also a financial one. We should not be putting a fiscal value on our democracy. It is young, still fragile and where steps can be implemented to protect and enhance it, that should be the first consideration.

Today, after this Bill is enacted, the work of the IEC starts in all earnest. We wish them well and call on them to ensure that they deliver free and fair elections to the South African people. As political parties, we will not forget our role and responsibility. But, in the end, it is the IEC that must deliver the goods. The UDM would like to add its voice to those that have already thanked the chairperson of the committee, the IEC, the legal advisers and fellow members of the committee. [Time expired.]

Mrs R M SOUTHGATE: Mr Chairperson, hon Minister and members, the committee must be congratulated on working through this Bill in record time to ensure that the local government elections go ahead as planned on 1 November.

Local government elections, to me, do not attract as much voters as do national elections; hence, our concern that the drive to register for the elections will be hamstrung by the disallowance of the special voting mechanisms for those who would otherwise have voted, but are unable to do so because of certain practical obstacles. We must realise that the national election operates on a different set of norms and standards, whereas local and municipal elections have a different, complex and diverse make-up that make voting patterns more difficult to predict. In other words, we must try to encourage voter participation, especially at local level, by creating or maintaining flexible mechanisms for people to vote. Clause 55 of the Bill, before it was tampered with, provided for this option.

The positive provision of the Local Government: Municipal Electoral Bill, however, is that the electoral process is designed to give support to the principle of proportionality. This system is relevant as it promotes fairness to especially rural and remote areas which may have smaller population densities and whose political interests may be as diverse as the areas themselves.

Can we expect free and fair local elections? A budget of about R59 million was approved by the committee for personnel expenditure in order to facilitate the process of streamlining the election process. We must try to find a better way in the future for the IEC to be drawn into the way budget allocations ought to be measured, especially for an election year.

In clause 7, the Bill makes provision for any complications that may arise should a person who has registered as a voter find that he or she cannot vote on election day. Is this provision open to abuse or is it a viable solution to protect the right of a person to vote? The latter must apply, as we do not have a sufficiently accurate voters’ roll system. However, the onus is on the Department of Home Affairs to ensure that this clause is protected in the interest of a fair election result.

Mna K W MORWAMOCHE: Modulasetulo le maloko a hlomphegago a Ngwako, maekemišetšo a Molaokakanywa wo ke gore batho ka moka bao ba ingwadišeditšego dikgetho mafelong ao ba dulago go wona ba ka kgetha.

Go ya ka Molaokakanywa wo, ge motho a se na pukwana ya boitsebišo ya go ba le ``barcode’’, a ka se ke a dumelelwa go kgetha. Bao ba nago le dipukwana tša boitsebišo tša mmala wa botalaleratadima bona ba ipolaiša go otlana, mola ngata ya dikgati e sa ba emetše. Go ya ka Molaokakanywa wo, le magaeng, moo go bušago magoši, batho ba tlile go ba le mmušo wa selegae morago ga ge ba kgethile bonkgetheng ba di-ward.

Mekgatlo ka moka ya dipolitiki e dumeletšwe go tsenela dikgetho. Bo-nka-ba- kgoši le bo-sebaka-borena le bona ba dumeletšwe go tsenela dikgetho. Bo- masasara le bo-garasethiane, bao ba tlwaetšego go namela sethala-ba-fapetše- tšhoma, go dumelelwa bao ba nago le mangwalo a go laetša gore ga se bo- lenaba-morw’a-mokgase bao ba tlwaetšego go hlaba kgomo twebela, gape ga se bohuane-molapo-wa-ditaba goba bo-thatakalala bao ba rego ga e kgethe bolala.

Masasara o swanetše go ba gona mo dikgethong ka dinako tšohle - ge go hlakanywa diboutu le ge go balwa dipoelo. Gape o swanetše go apara sa moroto gore a kgone go bonagala. Masasara o swanetše go ôbamela melao ka moka yeo a e fiwago ke molaodi wa dikgetho le ba Lefapha la Tšhireletšo. Masasara ga a swanela go ba thamaga-thutlwa yeo ba rego ge e gola ga e panwe. Motho wa pelo-theri ke yena yeo a kago fiwa matlalo a gore o swanetše go ka ba masasara ke Mokhomishinare wa Dikgetho. Maatla le mošomo wa masasara ke go bona gore dikgetho di sepela gabotse ka ntle le go tšeya lehlakori.

Mo-matlafatšwa eo a swanetšego go ruta batho ka tša dikgetho, o swanetše go ba motho yo e sego kgowa goba seruntlwane. Ge e le mosadi, e swanetse go ba mosadi wa basadi, a se ke a tloga lapeng a gamotše maphoroma. Ge e le monna e swanetše go ba monna wa banna, a se ke a tloga a gamotše moraka-phihlela, ge a tloga ka lapeng. Mo-matlafatšwa e swanetše go ba motho yo a tsebago ka- tatampela, a kilego a tšeya dibuka a ya sekolong. Gape o swanetše go tseba gore ntlokgolo ya mošate e itše ditšhitšhidi, yare mafene. Kgošana ye thongwana go tša dikgetho, ge a mo fa melao, a se ke a re le-nna-ke-mahlala- šakong, ke tlwaetše go bea melao.

Ge e le bo-banna-re-maano le bokalatšane yeo ba rego ga e lape, mohla e lapago ke lehu, sa bona ke go pantita dikgolegong, e sego go kgetha goba go kgethwa.

Mmušo wa ANC o re diretše Molaokakanywa, šo. Koša ya tšwa mošate, balata re a latela! [Legofsi.] (Translation of Sepedi speech follows.)

[Mr K W MORWAMOCHE: Mr Chairperson, hon members, the main objective of this Bill is to provide for persons who have registered as voters for the forthcoming local government elections to vote in their respective municipal areas.

In terms of this Bill, a person who is not in possession of the green barcoded identity document may not vote in the local government elections. Therefore, people who are still in possession of the old blue identity documents should be mindful of the difficult task they have to contend with, because they will not be eligible to vote either.

The Bill also provides for local government to be extended to rural areas that are under the jurisdiction of the traditional leaders once ward candidates have been elected. All registered political parties may contest the elections. Registered candidates may also participate in the elections. Only legally accredited observers and voter education providers, who shall comply with any order issued by electoral officers, and who shall not be biased towards certain individuals and groups nor be party to irregularities such as unauthorised disclosure of confidential information, shall be allowed to observe the proceedings.

An observer must be present at any election proceedings, including the counting of votes and the determination and declaration of the election results. Whilst observing an election, an observer must wear a prescribed identification tag visible to everyone. An observer must comply with all the orders issued by an electoral officer or a member of the security services. An observer must not be biased. The electoral commissioner must therefore satisfy himself or herself that he or she appoints an impartial person as an observer. The powers and duties of an observer are to ensure that the election proceedings are conducted smoothly and with impartiality.

Any person accredited to provide voter education may not subject people to intimidation or harassment. If a female she should be a woman of integrity and be sober at all times. Likewise, if a male he should remain as sober as a judge. He or she should have elementary education and be able to read and write properly. He or she must accept that leadership is an onerous task. He or she must not refuse to comply with or fail to give effect to a lawful instruction or order issued by the presiding officer.

Persons who are lawfully imprisoned or detained on voting day may not vote or be nominated to contest an election as candidates.

The ANC Government has proposed the Bill, and it remains for us to follow suit! [Applause.]]

Mr I S MFUNDISI: Chairperson, hon Minister and colleagues, the Local Government: Municipal Electoral Bill is another step towards the realisation of the concept of wall-to-wall governance, which sees to it that every square centimetre of this country is run by elected representatives. While there is a great deal of hype about this arrangement, Government is proceeding and it is for parties to go out there and educate the electorate in their constituencies.

That most municipalities are bringing together councils and wards that are as different as the East is from the West, is another cause for concern. People in wealthy areas have reservations, because they feel that those in the deprived areas will be parasitic on them with regard to the provision of services. On the other hand, the disadvantaged feel that whatever there is has to be shared among all. The passage of this Bill into law will ensure that elections take place, but, unfortunately, most people will be going into the exercise unaware of some intended legislation that is lurking round the corner, and that will have negative implications for them.

The Independent Electoral Commission should have regulations governing the election in place well before the actual election, to avoid what happened at the election centre during last year’s elections when a plethora of interpretations were given regarding how to validate a ballot paper two days before the actual voting. This situation should not be allowed to recur. The underfunding of the IEC will surely militate against the provision of voter education for this particularly complicated election, especially in the rural areas where they have district councils and they will have three votes.

In conclusion, the committee resolved to do away with all issues pertaining to special votes, as this matter results in confusion and abuse, while it stretches the resources of the IEC, which we all agree are in short supply. Parties should take the responsibility of bringing those who are housebound to the polling stations, where electoral officers will do their utmost to assist them quickly. The UCDP supports this Bill.

Dr S E M PHEKO: Chairperson, hon Minister, the purpose of the Local Government: Municipal Electoral Bill is to regulate municipal elections, to amend certain laws and to provide for matters connected therewith. The Bill deals, inter alia, with definitions, preparations for elections, observers, voter education providers, and voting and counting procedures.

The PAC will vote for this Bill, but we feel that the Bill is not strong on penalties pertaining to political thuggery, irregularities, and corruption committed before and during elections - and there has been plenty of this during previous elections. How long will thuggery, which results in the murder of citizens of this country and the burning down of their homes in order to influence their votes, be allowed? The PAC abandoned the bullet for the ballot in good faith, and is committed to genuine democracy which advances the economic and social progress of our country.

The demarcation of boundaries has been completed, but the powers of traditional leaders have not been defined, just as they are only vaguely stated in sections 21 and 212 of the Constitution. There has been much conflict in this country, causing senseless bloodshed. It is important that the conflict stemming from the electoral system is not transported to the rural areas. The PAC hopes that the pending meeting between President Thabo Mbeki and the traditional leaders will define the powers of traditional leaders once and for all.

Women are the highest users of local government services. Space must be created for them to increase their participation. The IEC is mentioned in Chapter 3. It is critical that this important electoral body is seen to be truly independent. The Bill does not address equitable funding in elections, probably because of the existing legislation, which allows for equity on only 10% of the funds.

With regard to the allocation of election funds to parties in Parliament, the PAC proposes 50% equity and 50% proportional. The present method of allocation makes a mockery of democracy. There can be no true democracy where the playing field is so crudely unlevel. Democracy must be made to work, otherwise progressive forces in this country will find an alternative to this American style of democracy for the rich.

Mr G A J GROBLER: Chairperson, hon Minister, when debating important issues such as the Local Government: Municipal Electoral Bill, whether it is in the portfolio committee or as we are doing today, we must always bear in mind that we are giving attention to clauses in this Bill that are affecting the rights of millions of people. The DP was part of this team which spent many hours deliberating every single sentence of this Bill before us. Many hours were spent listening to inputs from role-players - quality inputs from individual members. The Independent Electoral Commission representatives also gave us informative ideas and inputs. We know that these people worked very hard to assist the people of this country to have a free and fair election, similar to the one we experienced in June 1999.

Suid-Afrika word as ‘n voorbeeld gebruik van ‘n land waar vrye en regverdige verkiesings aan die orde van die dag is; meer as wat van baie ander lande gesê kan word - veral soos wat tans die waarskynlike situasie in Zimbabwe is. Verskeie toonaangewende organisasies het alreeds onomwonde die standpunt ingeneem dat daar beslis nie sprake kan wees van ‘n vrye en regverdige verkiesing in Zimbabwe nie - iets waarteen die DP al geruime tyd waarsku, asook teen die nadelige gevolge en die negatiewe invloed wat hierdie situasie kan hê op die ekonomieë van die lande in Suider Afrika, waarvan ons ‘n belangrike deel is.

Maar Suid-Afrika kan gelukkig nie met hierdie piesangrepubliek vergelyk word nie, nog minder met persone wat optree soos spesies wat ‘n voorliefde vir genoemde vrug het en bloot wil geld druk om in die verkiesingsbehoeftes te kan voorsien nie. (Translation of Afrikaans paragraphs follows.)

[South Africa is used as an example of a country where free and fair elections are the order of the day; more than can be said of many other countries - particularly as is currently the case in Zimbabwe. Various leading organisations have already unequivocally taken the view that there definitely cannot be any suggestion of a free and fair election in Zimbabwe

• something the DP has been warning about for quite some time, as well as the detrimental effect and negative influence that this situation can have on the economies of the countries in Southern Africa, of which we are an important part.

But fortunately South Africa cannot be compared to that banana republic, even less to people who are acting like the species that has a special liking for the aforementioned fruit and merely want to print money so as to be able to meet the requirements of the election.]

That is why the DP is adamant that proper democracy in South Africa is only possible if one has a strong, effective opposition. People realise that on an ongoing basis, that is why many politicians from other opposition parties are beginning to see the light and are joining the DP in large numbers, as they have already done this morning when they telephoned me. Therefore, there is hope for our country, with a strong and effective opposition such as the DP. [Interjections.]

Clause 23, which refers to ballot papers, is still a problem for the DP. Ballot papers should be numbered. Many representatives of other parties agreed with the DP on this issue in the beginning, but later they changed their minds on this very important subject.

We know that the hon the Minister of Home Affairs, under whose jurisdiction the IEC falls, has expressed his concern that the IEC only received 47% of the money they asked for to run a proper election. Again, his department’s pleas have been ignored. We have stated so many times in the past that this department is being treated as the stepchild of the Government. The Government must realise that Home Affairs is, in many instances, the window of what is happening in our country.

Why is it absolutely necessary to number ballot papers? Let me give hon members facts of what the DP experienced during the June 1999 elections - I was personally present at that voting station, ie Voting Station No 32940480 in the Vanderbijlpark area. On the morning of the opening of the voting station, several bundles of ballot papers, which were supposed to contain 100 ballot papers each, had either fewer or more than 100 in a bundle. It varied from 85 to 105 per bundle. The commissioner, Mr Van der Merwe, admitted in the portfolio committee that they had experienced many problems all over the country. That is why it is absolutely necessary to have numbered ballot papers.

The additional cost of R15 million to number the papers is, according to information gathered by us, a bit suspect, but we are not going to dispute the additional amount involved. However, we in the DP feel it is of the utmost importance to have ballot papers numbered. Not only will it make life easier for those people involved in the reconciliation process, but it will also convince people, and everybody, that we are conducting a free and fair municipal election.

We are in agreement with the majority of the clauses in this Bill before us, but, because of certain shortcomings such as clause 7 - who may vote; clause 17 - requirements for independent candidates; clause 55 - special votes; and, of course clause 23 - ballot papers, the DP cannot support this Bill merely because of the excuse that there is not enough money available for the numbering of ballot papers. Millions of rands were voted in recent budgets for less important issues, but there is no money for this important Bill. [Interjections.] [Time expired.]

Mr W M SKHOSANA: Chairperson, Minister, hon members, democratic elections are the biggest events a government undertakes. Elections affect every single person in a country and they determine who will run the country, the province or the municipality. So it is very important to get them right. Our country has a very short history of democratic, local government elections. For the vast majority of our people, there has been no tradition for local government elections. As a result, it is important for us to look critically at this Bill.

This Bill before the House today makes provision for the compilation and publication in the Gazette or the provincial Gazette of the province concerned of the election timetable when the election has been called by the commission. Clause 12 of the Bill makes provision for the maximum decentralisation of the management of municipal elections and the appointment of representatives of the electoral commission for each municipality in which the election is to take place.

Owing to the possibility of the large number of parties which may participate in the election, it is necessary to decentralise pre-election registration of parties intending to participate in the election. Therefore clause 13 provides that only registered parties will be allowed to participate in the municipal elections. Clause 14 of the Bill seeks to regulate the submission of party lists, the acceptance and nomination of candidates of parties and independent candidates, a prescribed acceptance of the nomination signed by each party candidate and the certified copy of the page of the candidate’s identity document on which the candidate’s photo and name appear.

If the party omits to attach to its list all the documents, the commission must notify the party in writing and allow the party to submit the outstanding documents to an office of the commission’s local representative. This clause deals with a list of parties contesting the election by way of certification of the party lists. It also seeks to regulate the manner in which the lists must be dealt with after submission thereof to the commission.

With regard to the nomination of ward candidates, a person may stand as a candidate if he or she is a member of a party. A registered party or a registered voter who ordinarily resides in the municipality concerned, and who has registered as a voter on that municipality’s segment of the voters’ roll, may nominate a candidate to contest an election in a ward with the full support of the voters in that particular ward.

The commissioner may establish a voting station or a mobile voting station and boundaries for a voting station in each voting district. When dealing with that voting demarcation, he or she should consult the party representative who is contesting in that particular voting station.

The relocation of the voting station needs to ensure that free and fair elections are going to take place. Sufficient publicity among voters in a voting district also needs to take place to notify voters of the relocation of that particular station. The presiding officer in a voting station should, before voting opens on that particular day, and after consultation with party agents and members of the security force who are available at that voting station, determine the boundaries of the voting station. The presiding officer must demarcate the boundaries of the voting station by displaying visible signs in that particular area.

If the commissioner decides to use a mobile voting station in a district, he or she should give notice of the route, including the location of that particular station and the times of stopping of that particular station.

It is important to note that the commissioner also has the responsibility of ensuring that the presiding officers are given ballot papers, ballot boxes, the certified segments of the voters’ roll for that particular voting district and a receipt signed by the presiding officer detailing the voting materials. This also addresses the concern of the DP.

As soon as the election has been called, the commission must appoint a presiding officer and a deputy presiding officer for each voting station at which the election is to be conducted. A party agent, an additional person and the institution should work under these persons. The presiding officer should manage, co-ordinate and supervise the voting in that particular voting station. He or she has the responsibility of ensuring that a free and fair election takes place in that particular area. He or she should also ensure that the appointment of the counting officers is in place for the votes to be counted. The appointment of the counting officers should also be supervised and co-ordinated by the presiding officers.

All these matters need to take place under the observation of the party agents, assessors and people who are also tasked to ensure that free and fair elections take place for the coming local government elections.

We therefore move for the adoption of the Bill. [Applause.]

Mrs S RAJBALLY: Mr Chairperson, hon Minister, South Africa has learnt some tough lessons from the previous elections. This has contributed to shaping the electoral system which is designed to meet the community needs and promote public participation.

The Local Government: Municipal Electoral Bill ensures that the organisation of elections is conducted proactively by all role-players involved in the local government elections. The Bill improves and maintains proper channels of communication, so that all stakeholders can form a strong partnership to conduct a free and fair election.

The relocation of voting stations and the provision of mobile voting stations reach areas that are deprived of proper infrastructure to participate in the elections. The success of the electoral system in the coming local government elections depends on the capacity of individuals who are responsible for implementing it.

The code of conduct, the ward candidature, the voting and counting procedures and other important aspects in the Bill are structured to deliver the best service to the voters and are based on the principles of consultation, quality service, access to information, courtesy, openness and transparency and redress - that is remedial action if quality service is not delivered.

Local government is the best thing that has ever happened to the people of South Africa. At last the people of South Africa can touch, feel and breathe the government. Local government has brought the people of South Africa together and has closed the gap between people at grass-roots level and the Government.

The MF supports the Local Government: Municipal Electoral Bill. [Applause.]

Mr M K LEKGORO: Chair, we have dealt in depth with the issue of potential voters whose names might not appear on the voters’ roll on voting day. While the DP expressed concern that this may be open to abuse and fraud, we have maintained that the risks are high for an individual taking that path compared to not voting.

On the issue raised by my colleague in the UDM on whether the IEC should have a separate Vote or not, I am sure the member would agree that this is not a matter for this Bill. I am sure Comrade Aubrey would be willing to give the hon member an opportunity in the committee to express himself on the issue.

An election is one of the basic tenets of any democratic order. It is not an end in itself, but a centrepiece without which no democratic order can hold. It is a process through which all citizens express their opinion on who should preside over the affairs that govern their lives. No argument can hold in this day and age that a democracy can exist in a country without regular elections.

Our assertion in the preamble of the Freedom Charter, that no government can claim legitimacy if it is not based on the will of the people, remains sacrosanct to us. To us an election was our battle cry during the heydays of apartheid. It is against this backdrop that the ANC Government treats an election, at any level of government, with the seriousness it deserves.

I must take this opportunity to congratulate the DP, the IFP, the New NP, the UCDP, the UDM and, of course, my own party on the frequency and diligence with which they dealt with this Bill in the committee. Members of the committee, including the ANC, expressed their concern in respect of Chapter 6, which deals with counting. The concern is about a situation in which there will be central counting. Overall, the Bill provides that counting takes place at the voting stations, but where, in the opinion of the commission, that might not result in a free and fair election, the ballot boxes may be moved to a central counting station.

The concern is about the moving of the ballot boxes. The Bill does not provide for party agents to accompany the convoy that moves the ballot boxes from one point to another. We were assured by legal experts from the IEC that, although the Bill does not provide for this, there is nothing in the Bill that forbids agents of any party from being part of that convoy. Rather, the silence on the issue seeks to free the IEC from the responsibility of ferrying party agents at the commission’s expense. We want to emphasise that the IEC should make it clear to all their presiding officers that party agents are indeed not barred from accompanying the convoy ferrying ballot boxes to the central counting station.

The Bill does not provide for special votes to any category of citizens. The committee agonised over this matter. While we agree with the assertion that the Bill should seek to enable and not to prohibit, we are also mindful of the fact that we should provide for the right to vote within the means available. By the IEC’s own admission, they would have to bear considerable costs within their already constrained budget if they were to set aside time, personnel and equipment for any special votes. Again, there is no knowing where the list of categories of special votes would end. If one accords one category of citizens a special vote, the other category might well appeal for the same treatment.

In the 1995 local elections there was no provision for the special votes. None of us could say that the omission of such votes had a negative effect on the overall elections. So, it is our submission that it would be less problematic if this Bill did not provide for any special votes.

Schedule 1 of the Bill deals with the electoral code of conduct. This schedule generally deals with compliance with the electoral laws, the duty to co-operate, the role of women, the role of the media, the role and authority of the electoral commission and other conduct which is prohibited. We all agreed, in the interests of a free and fair election, that such a code of conduct is relevant, and we encourage all our parties to abide by it.

The original print of the Bill sought to make the electoral court the final court of appeal. After the committee’s deliberations, we all agreed that if any party or person is not satisfied with the findings of an electoral court, they should have recourse to a higher court of law.

The committee also amended the clause on access to private property or private places, to suit even the activities that might take place before election day. Our amendment empowers members, employees and officers of the commission to have access to private places for any other election activity that might be necessary before the actual voting day. This is particularly important for our farming communities who, by no choice of their own, happen to live on farms that are regarded as someone’s private property. It is important to regulate access to such areas by law, in order to fairly and freely extend this universal suffrage to the most ordinary of our people living in those areas. [Applause.]

The MINISTER OF HOME AFFAIRS: Chairperson, hon members, first of all, I wish to thank the Chairperson of the Portfolio Committee, Mr Mokoena, who processed this Bill expeditiously and competently through his committee. When duty called, Mr Mokoena responded promptly to ensure the finalisation of this Bill in spite of the the very narrow timeframe. I wish to thank Mr Waters for his comments, which I have noted. Most of these comments will need to be conveyed to the IEC in order to be taken into account in the actual organisation and conduct of the elections. I wish to mention, as a matter of record, that one of the commissioners, Mr Fanie van der Merwe is actually in this House, and, therefore, he would have recorded those concerns.

The decision to remove special votes has been taken in the portfolio committee after considering the information on needs and logistical difficulties submitted by the IEC. Special votes were provided for in the Bill when I introduced it.

Mr Pretorius and Ms Van Wyk raised the issue of the numbering of ballot papers, which raises concerns about possibilities of fraud. Undoubtedly, the IEC’s procedures are still not about the possibility that fraud will take place. It is important that one looks at the overall system of checks and balances to ensure that the possibility for fraud is minimised, and in this respect, the participation of political parties and their agents in the process is essential. Mr Pretorius, as did Mr Waters before him, raised the issue of allowing people to vote, not on the basis of their identity documents, but rather their receipts for an ID application. There should be sufficient guarantees in place to prevent fraud from taking place, because the relevant barcoded ID numbers are linked to the population register. However, I am sure that this concern will be noted by the IEC and will be taken into account.

There was also a concern that people whose names are not on the voters’ roll would be allowed to vote in their voting districts of choice. My response is that the sworn statement that such a voter will have to submit will give much more information than required when applying for registration, and proof of application for registration in that voting district would have to be furnished. Room for fraud is, of course, minimal in the circumstances, while voters who would otherwise have been administratively disenfranchised will be able to vote.

Ms Maunye raised the thorny issue of prisoners’ rights to vote. The Bill reflects the approach adopted by the IEC in this matter. In fact, the Bill before the House is somewhat different from the one I introduced to the committee, which explicitly disenfranchised prisoners. The IEC and the legal advisers thought it would be more expedient to follow a different approach. During the committee discussions, my department felt that a distinction should be made between prisoners subject to a final sentence, and awaiting-trial prisoners or those whose sentence is under appeal. We felt that the former should be explicitly disenfranchised while the latter should be allowed to vote.

Ms Van Wyk raised the important issue of voter education and mobile voting stations. Unfortunately, the running of elections is as important a function of the state as any other. As an equally important function of the state, it is subject to the same budgetary constraints which are now impairing our state from providing the full measure of services in the fields of education, policing or welfare. I trust that the IEC will put to best use all the few resources that it has, and that it will provide and maximise the employment of mobile voting stations. I hope that we will do our utmost to ensure that what is available within our budget is used to ensure that mobile stations are provided.

The final matter I wanted to mention was that the IEC is underfunded. [Interjections.] I wish to thank Mr Morwamoche for his suggestions and contributions relating to the difficult task of voter education. I believe that voter education should become a widespread responsibility of all institutions, NGOs and political parties. We must all supplement what the IEC cannot provide, because of a lack of resources. When I stand on this podium, I often speak about the revolution of goodwill which means making a personal contribution towards supplementing what the state cannot provide and helping our neighbours and communities on the road to upliftment. Voter education is one such opportunity.

I wish to thank both Mr Mfundisi and Dr Pheko for their contributions. Dr Pheko, particularly, as did Mr Van der Merwe, raised the crucial issue of traditional leadership, and correctly highlighted that this matter must be resolved before elections are held in rural areas. It is important, as he reminded all of us, that the President has made a commitment to ensuring that the clash between their powers and those of municipalities is solved before elections are held.

This will be an important achievement to shape the generally modern and generally African democracy at the level of Government which is the most important and most sensitive. Mr Grobler’s comment relating to my department being treated as a stepchild of this Government as far as budget allocations are concerned, is a concern expressed by many other speakers. It is painful, because it is true. I hope that all of us will work together to supplement and improve the efficiency of the department, in spite of those constraints, and support reforms on which we are working to make it a success story.

I equally wish to thank each and every individual member who participated in this debate for the very constructive contributions.

Debate concluded.

Bill read a second time (Democratic Party dissenting).

Business suspended at 12:18 and resumed at 14:07.

                          Afternoon Sitting

                    IDENTIFICATION AMENDMENT BILL

                       (Second Reading debate)

The MINISTER OF HOME AFFAIRS: Madam Speaker and hon members, there is a well-known saying, which is known to most of us: The more things change, the more they remain the same.

For years this has been an argument put forward by detractors of progress in reference to the Identification Act of 1997, as it did not outlaw the many forms of identification documents that we have in the country today. Though we are the first to admit that this created administrative problems for the department, as it also affected the updating of the population register, for these detractors to have already started arguing as early as 1997 that the people have had enough time to apply could only be diplomatically described as short-sighted and discriminatory.

These detractors conveniently forgot that the majority of those who had just been incorporated into the citizenry of the Republic of South Africa from the former independent states, had had no time to apply for the barcoded IDs by then. Of course, other sectors of the population had had since 1 July 1986 to apply for barcoded identity documents. Interestingly enough, just prior to the 1999 general elections, it dawned on us that even people who were calling for the premature outlawing of other forms of identification, were conveniently calling for the use of all kinds of identification documents to be acceptable for the elections.

Some sectors of the population who were reluctant to part with their nonbarcoded identification documents, for reasons known only to themselves, did not help the situation either. With fraudulent activities committed continuously over the years, the lack of security of the nonbarcoded identity documents was exposed. Various sectors of society experienced major problems with the security risks of these documents. Welfare found that they had ghost pensioners, for example, emerging at an alarming rate. This necessitated, for safety reasons, the use of the green barcoded ID as the only valid identification document through which pensioners could claim services. As this proved to be a step in the right direction, other organisations and institutions followed suit. My department and I have always argued that when the time was right, the necessary amendments to the Identification Act of 1997 would be proposed and subsequently made. That time is now - the time when we can safely announce that we have, to date, issued close to 26 million barcoded IDs to citizens and permanent residents of this country. This is an indication to us that the majority of the population now has the green barcoded identity documents.

However, despite the sufficient time given to all South Africans to apply for these documents, the ID campaigns conducted by the department and the recognition of these documents as the only valid form of identification for purposes of elections, it has become clear that other forms of identity documents are still being used on a daily basis. This opens up many business transactions to fraud, which can in no way benefit our country. There are about 900 000 other identity documents that have not been replaced in favour of green, barcoded identity documents - this also despite the department’s processing and issuing period of these documents having been reduced from three months to a maximum of two months since 1998.

In tandem with technological improvements, we are also moving towards the use of a smart-card form of identification. When the issuing process of these cards starts, we need to have one data base from which we can identify people applying for the issuing of such identification cards. This will help facilitate the smooth transition from the identity document to the identity card. It should be noted that the issuing process of these IDs will be phased in over the years and it is scheduled to start during the last quarter of 2001, targeting senior citizens as the first beneficiaries.

This Bill is set to amend the Identification Act of 1997, so as to make provision for the definition of an ID and for the abolition of all forms of IDs except the green, barcoded ID and for matters connected therewith. For interest sake, the documents concerned are the old, blue IDs, green IDs issued prior to 1 July 1986, the old green cards, travel documents and IDs issued by the former TBVC states, and reference books or dompasses.

Clause 1 of the Identification Bill amends the definition of an ID and therefore refers also to the ID in the principal Act, the Identification Act, Act No 68 of 1997. It then defines the ID separately in clear terms. This is necessary as this present Identification Act does not prescribe the green, barcoded ID as the only recognised form of identification.

Clause 2 amends section 25(1) of the Identification Act of 1997 in order to abolish all forms of IDs and recognise the green, barcoded ID as the only valid one. We made this important amendment to the Identification Act of 1997 to bring about a necessary change to the benefit of our country and its people. As we discuss this change, it will be important also to motivate our constituents to come forward to apply for the green, barcoded ID issued by my department. This will be to avoid the last-minute rush associated with the last voter registration period.

We can only stretch ourselves to a certain limit, and we will therefore not accept the blame if last-minute applicants do not get their IDs in time for the year 2000 municipal elections. I would also like to appeal to the more than 253 000 applicants, who have not yet collected their green, barcoded IDs from their offices of application, to do so now. We have played our part by processing their IDs within the shortest time possible and now the applicants should also play theirs by ensuring that they collect their barcoded IDs timeously from the offices of application.

In conclusion, I would like to thank all those who made it possible for this Bill to pass through the parliamentary process expeditiously, particularly the Portfolio Committee on Home Affairs which made it possible for it to be debated in this House today. We could not have afforded to wait any longer. [Applause.]

Mrs N B GXOWA: Madam Speaker, Deputy President, Minister and hon members, one cannot speak about the new green ID without mentioning the atrocities of the past, such as the pass laws created by the NP regime and its bridesmaids, the DP … [Laughter] [Applause] … who today are beginning to see the light. [Interjections.]

They say that, today, people are beginning to see the light and are joining the DP. In fact, today, the DP is beginning to see the light. They are beginning to know what an informal settlement is. They are beginning to go to what they used to call ``townships’’. They go there now to bribe and recruit people. [Applause.] Today, the hon member is only discovering the Vaal. In every meeting of the portfolio committee, and in every statement he makes, he speaks about the polling station at the Vaal, where he went for the first time in his life.

It is worth noting that the ANC was centrally instrumental in changing the image of the Department of Home Affairs to enable a better life for all our people. The decision was born out of a commitment to open governance and accountability. That it was a quantum leap from the secrecy, discrimination and corruption of the NP regime is not in doubt.

In 1996, a national household survey showed just how poor systems of the data collected are. A staggering two thirds of African births were unregistered.

Mr T D LEE: Madam Speaker, on a point of Order: Is it in order for a member to accuse another party of bribery? [Interjections.]

The SPEAKER: Order! Hon members, accusations of that kind against political parties have been very frequent in this House. We have always said that allegations against individual members are not acceptable. But against parties they are allowed, and they go from both sides of the House, I might add.

Mr T D LEE: Madam Speaker, even if it comes from the ANC? [Laughter.]

The SPEAKER: Order! Hon member, no, please, it is not a joke. I have ruled this way from all sides of the House, and that applies equally to everybody. Would you please proceed.

Mrs N B GXOWA: Madam Speaker, the DP is trying to construct a jigsaw puzzle and we are not doing that here. These are the atrocities of the pass laws. Once a mother had no ID and she could not register her baby. This meant that the child could not attend school. The results were that many of our children ended up in poverty as streetchildren. This was a direct consequence of the unregistered births of that member’s government. [Interjections.]

Our task is to ensure that the human hardships and political scandals reflected in the past, like denying citizens IDs and in the process therefore denying them access to work, by letting births go unregistered and therefore denying children the right to learn, are things of the past. This will never happen again. In the context of severely limited resources, this Bill serves as a planning document offering background and patriotism.

For the first time in history all South African citizens will be identified by one book. The problem the DP has is that they know that, when they go to the Home Affairs office, they must all queue together - blacks and whites. That is their problem. [Applause.] The contribution this Act can make towards enhancing patriotism should not be underestimated.

The opposition parties strenuously oppose this Bill and this initiative. They even took us to court, because they were opposing the green barcoded book. But the decision by the judiciary vindicated us and stands as proof of the ANC’s basic commitment to good governance and common sense policies. This Bill aims at making the lives of everybody easier. It is more cost- effective in the long-term. From an administrative point of view it is easier to process and it does away with much of the tiresome bureaucracy that we are facing at this point in time. As a Government we are committed to democracy and transparency. As local government elections are looming ahead, we must ensure that every citizen has the right and the opportunity to participate, and we want to ensure that we are all identified in one way. This Bill deserves the support of all parties, including the DP. With the limited resources we have at our disposal, this Bill makes sense. I urge the House to support this Bill. [Applause.]

Mr M WATERS: Madam Speaker, hon Minister, hon Deputy President and hon members, the amendment to the Identification Act poses several questions, the first being, why on earth are we doing it, and the second, what do we intend to achieve by this amendment. [Interjections.]

Mr J H NASH: Did you not hear it from the Minister?

Mr M WATERS: The amendment will do two things. Firstly, it will invalidate all nonbarcoded identity books and, secondly, it will allow the Minister to determine a date for the replacement of green barcoded identity books with the smart card. The first consequence of the amendment will be to force some 900 000 people to stream to Home Affairs offices throughout the country and apply for their barcoded identity books. This, at a time when Home Affairs is underfunded and the new smart card system is to be phased in, starting from next year.

Currently the department is battling to cope with its workload, due to a lack of personnel and computer equipment. In fact, underfunding has reached such critical proportions that two weeks ago the director-general came to the portfolio committee, cap in hand, requesting an additional R57 million to employ personnel in order to fulfil his department’s obligations, to render a service to the people of South Africa.

Government officials justify this particular amendment by saying it is high time that all South Africans carry the same ID. The DP agrees that we all should carry the same ID. However, this must be done in the most cost- effective and cost-efficient way possible. Why then place burdens on the department when it is not coping currently? Would it not make sense, economically and practically, to make the 900 000 people without barcoded IDs the first to apply for the new smart card?

However, this is not the only area where the ANC-led Government is pouring money down the drain. The cost for the new smart card system needs to be scrutinised and questioned, in light of the challenges facing this country with regard to education, housing, safety and security, and welfare. We must ask ourselves: Do we really need such a system, of such sophistication, that not even the most advanced countries in the world are contemplating?

The cost of the new ID system has been clouded by continuous denials and cover-ups. Initially, a tender worth R800 million was issued in December 1996 and was subsequently awarded in April 1999, some 28 months later. At the time of the issuing of the tender the rand-dollar exchange rate was R4,60. On the date of the signing of the tender the value had increased to R930 million, because of the fall in the rand to R6 to the dollar.

However, the original tender was not for smart cards. It was actually only for identity cards with the two-dimensional barcode. After the contract was awarded the Cabinet took the decision to scrap the two dimensional barcode and opt for a smart card. This led to one part of the tender having to be reissued and it was later subtracted from the original tender, which constituted about R71 million of the R930 million. The exchange rate today is at R6,94, resulting in the tender price swelling to R993 million for the first tender, that is R7 million short of R1 billion. This excludes a new tender for the smart card.

Let us have a look at the cost of the smart card. Experts in the field have estimated that the cost of producing smart cards alone will be around R1 billion. This excludes the cost of the infrastructure that will be needed in order to use the smart cards. All in all the industry is estimating that it will cost this Government and the taxpayers R3 billion to produce and run smart cards. However, that is not all. The R3 billion excludes the initial tender of R993 million. So all in all the taxpayers will have to foot a bill of R3 993 million or R3,993 billion or, if one wants to round it off, R4 billion.

One wonders whether the Cabinet thought through the process properly before making these decisions. [Interjections.] It seems this issue, like the ANC stance on Aids and on Zimbabwe, has been rushed and forced through from the top down. No doubt, in true ANC style, the hon members were informed of their party’s decision, not asked what they thought.

I would like to cite an example of the difference in cost between the two- dimensional card and the smart card. A two-dimensional card can cost between 20 and 40 American cents, that is R1,38 to R2,77, and have a life expectancy of between five and ten years. A smart card, on the other hand, can cost anywhere between two and seven American dollars, that is R13,80 to R48,58, and have a life expectancy of between two to three years. How an average South African is going to be able to pay for a replacement that could cost anything up to R50 is beyond me. Some families do not have that amount to spend on food for a week, never mind the luxuries being forced on them by a political party that has obviously lost touch with the ordinary man and woman in the street.

The smart cards are also less durable than the two-dimensional cards. One of the factors tenderers had to bear in mind was that people in rural areas often place their IDs in their shoes, because they simply do not have pockets. Has the ANC considered how a smart card will be able to survive in an environment as harsh as this? I do not think so. [Interjections.]

There are several questions that members of this House, and in particular ANC members, could and should be asking their political bosses on behalf of their constituents. They are: Whether there was actually a cost analysis done by the Government to determine the cost difference between the smart cards and the two-dimensional cards, and if so, why was this not made public? Where will the additional R3 billion difference come from? Which social projects are going to pay for and play second fiddle to the smart cards? Will it be textbooks for schools? Will it be peanut butter sandwiches for children on welfare? Will it be other welfare organisations?

How does the Government expect to install infrastructure similar to ATMs across the length and breadth of the country in order to make the smart card system accessible to all? Has anyone thought about how these machines will be run? How will people, especially those in the rural areas, be able to utilise these smart cards when many areas still do not have electricity? How will the Government educate people in using the smart cards when millions of our people are illiterate. What amount has been allocated towards an education programme? Will people be able to use the smart cards in the language of their choice, or will they only be run in English, and if so, why? And where is the Government’s commitment to the eleven official languages and the one that appears on our national motto?

Will drivers’ licences be installed on the smart card and, if so, from which date? When will the smart card system go live? Will we all have to have smart cards by the time of the next election, and if so, from which date will these smart cards be issued in order for the 30 million plus people to have their cards before the election?

What security mechanisms will be in place to ensure that sensitive information installed on the cards cannot be hacked into and that the information captured is correct? It is quite clear that there are more questions than answers emanating from the decision by Cabinet to move to a smart card system. The DP will not stand by while this Government imposes legislation on the people of this country which it is unable to implement effectively. Even with the best will in the worldÿ.ÿ.ÿ. [Interjections.]

The SPEAKER: Order! Hon member, would you take your seat?

Mr D A MOKOENA: Madam Speaker, I would like you to make a ruling that the hon member is out of order, because he is talking about smart cards which will only come out next year. The Bill in front of us provides for the exclusive use of green barcoded IDs and not smart cards. [Interjections.]

The SPEAKER: Order! Hon member, please take your seat. That is not a point of order. You are giving information. [Interjections.] [Laughter.] Hon member, will you proceed please.

Mr M WATERS: This Government has systematically gone about setting up the Department of Home Affairs and its Minister for failure, and the new ID system is yet another example of how this cash-strapped and besieged department will be forced to explain long queues, lengthy application procedures and additional costs to the taxpayer who is, quite frankly, sick and tired of being shunted from pillar to post by this Government’s short- sighted policies and financially crippling legislation.

It is high time that this Government began assuming some of the responsibility itself. The situation in our country is unique, and the Minister of Home Affairs is deliberately being set up for failure. We have just come through months of budget debates and we all know how seriously underfunded this particular department is. I challenge my hon colleagues sitting in the ANC benches to tell this House, honestly, whether they believe the smart card is the smart way to go considering our current circumstances. The DP will be opposing this Bill.

Mr V B NDLOVU: Madam Speaker, hon Deputy President, hon Minister, this speech is dedicated to the late Alpheus Hamilton Zulu, the bishop who once suffered humiliation in detention as a result of the notorious pass laws of the then National Party government.

This humble man of God became the sacrificial lamb in the cruel hands of the police of that time simply because his dompas could not be found in his possession. He was on his way to a conference. He had committed no crime. He just could not produce a tag that said he was a Bantu of Zulu extraction, from a certain magisterial district, married or not married, employed or not employed, permitted to be there at that particular time or not, his taxes paid or not, etc. May his soul rest in peace and rejoice in the knowledge that all evil legislation has been removed from the Statute Book of the country he loved so dearly.

Those hon members who were old enough in 1976 will remember the gruesome introduction of the pass laws by the then apartheid state and will further remember the burning of the dompas and the Sharpeville massacre that shook the country as a result of the people’s resistance. Thick as the dompas was, it was worse in the case of female passes which were so voluminous that women had to hang them around their necks so that the police could see them straightaway. All the pass horrors were directed at the voiceless majority of the population.

The pass laws were not aimed at people identification, but used as an instrument of hate, racial discrimination and human oppression of the voteless disenfranchised majority by the enfranchised minority. It is pathetic to cast memories back to those heydays of human torture, racial polarisation and Balkanisation of the state of South Africa in the name of people identification. Thanks go to those who gave up their comfort for us to realise freedom from pass law oppression.

Although the price was so high for the attainment of democracy in 1994, the relief we enjoy from being released from the shackles of all the notorious laws is immense and immeasurable. We from the IFP salute and pay homage to all those who made it possible for us to be where we are in terms of people identification. We know for a fact that sooner or later the Minister of Home Affairs will introduce in this House what will be called in popular language the smart card to replace all forms of identification documents. The Minister’s proposal that, for the purposes of the coming local government elections, only barcoded identification documents should be accepted at polling stations is welcome.

I make a humble submission to the Minister that he deem it correct that on the day of the introduction of the smart card system for identification purposes, all those members who still have the 1956 version of the dompas be invited to bring their dompasses in for display with the year 2000 version of the smart card identification system. The IFP supports the Bill. Those who do not support it do not know what it means to have a dompas in their pocket. [Applause.]

Mnr I J PRETORIUS: Mevrou die Speaker, die Nuwe NP steun hierdie wysigingswetsontwerp omdat dit die onsekerheid uitskakel oor watter identiteitsdokument geldig sal wees. Tydens verkiesings wat die afgelope paar jaar gehou is, het die onsekerheid oor watter vorm van identifikasie aanvaarbaar is, telkens opgeduik. In die vorige verkiesing het dié aangeleentheid selfs gelei tot ‘n hofsaak, en het die Konstitusionele Hof uiteindelik ‘n uitspraak ten gunste van die groen staafkode- identiteitsdokument gelewer.

Soos ek reeds gesê het, beëindig die wysigingswetsontwerp nou die onsekerheid oor watter vorm van identiteit aanvaarbaar is al dan nie. In die lig van die munisipale verkiesings doen die Nuwe NP ‘n ernstige en dringende beroep op alle kiesers wat nog nie in besit is van die staafkode- identiteitsdokument nie, om so gou moontlik daarvoor aansoek te doen. Daar is na raming ‘n paar honderd duisend, eintlik digby 1 miljoen mense, wat nog in besit is van die ou identiteitsdokument.

Alle kiesers wat ook nog nie geregistreer is nie, word versoek om dit so gou as moontlik te doen. Volgens die jongste inligting sal die kieserslyste vir die munisipale verkiesings op 31 Augustus vanjaar sluit. ‘n Spesiale registrasienaweek word ook vir 12 en 13 Augustus vanjaar beplan.

Die munisipale verkiesings van 1 November is nie net belangrik vir die demokratiese proses nie. Plaaslike regering raak elke kieser. Die huidige begroting vir die te stigte uniestad van Kaapstad beloop tans die reusebedrag van R8,9 miljard. In die lig van dié feite wat ek aan agb lede gegee het, doen ek nie net ‘n dringende beroep op kiesers om die nuwe ID- dokument te kry nie, maar ook om betrokke te raak en te registreer. Namens die Nuwe NP steun ons hierdie wysigingswetsontwerp. (Translation of Afrikaans speech follows.)

[Mr I J PRETORIUS: Madam Speaker, the New NP supports this amending Bill, because it eliminates the uncertainty with regard to which identity document will be valid. During elections held during the last few years, the uncertainty with regard to which form of identification was acceptable, cropped up time and time again. During the previous election this issue even led to a court case, and in the end the Constitutional Court decided in favour of the green barcoded identity document.

As I have already said, the amending Bill now brings an end to the uncertainty with regard to which form of identification is or is not acceptable. In view of the municipal elections the New NP makes a serious and urgent appeal to all voters who do not yet have a barcoded identity document, to apply for one as soon as possible. It is estimated that there are a few hundred thousand, actually close to 1 million people, who still have the old identity documents.

All voters who have not yet registered, are requested to do so as soon as possible. According to the latest information the voters’ roll for the municipal elections will close on 31 August this year. A special registration week-end is also planned for 12 and 13 August this year.

The municipal elections of 1 November are not only important for the democratic process. Local government affects every voter. The present budget for the planned unicity of Cape Town currently amounts to the enormous sum of R8,9 billion. In view of these facts that I have given hon members, I not only make an urgent appeal to voters to get the new identity document, but also to get involved and to register. On behalf of the New NP we support this amending Bill.]

Ms A VAN WYK: Madam Speaker, the Bill before the House is one that will remove a legacy of apartheid still with us. The need for the Bill is a direct reflection on the divisions that existed within our society and a reminder of our sad past. So divided were we that even our identity documents were not similar. Today we will bring an end to this.

The Bill before us will serve more than just its obvious practical purpose. Symbolically, it will make us one. We dare not forget the shameful days of the passbooks or the homeland identity documents. As a nation we can today unite by all carrying the same document that rates us as equal citizens in South Africa. It is an appeal to South Africans who, for reasons known only to themselves, have still not acquired the barcoded identity document, to do so and to become part of the new South Africa.

In our support for the Bill, we did consider the fact that the smart card system will be implemented by the second half of next year. It was a consideration based on whether we should adopt this Bill now and then next year introduce a new system again. The UDM believes that it is important to have one uniform data base on which our population is registered. We further believe that the debate around the smart card system is still open, and that through our faith in its implementation, the smart card system need not be a financial burden.

With the passing of this Bill, the responsibility will fall on South Africans without barcoded identity documents to apply for them without delay. This places a great responsibility on the Department of Home Affairs to deliver. We call on the Minister and his department to embark on a special drive to inform and encourage South Africans to apply for the identity documents.

The UDM further calls on the Minister and the department to ensure that it is geared to deal with these applications effectively and without delay. In those areas where we know people do not have easy access to Home Affairs we urge the department to send in mobile offices and in that way ensure that every South African has an equal opportunity to access Home Affairs to obtain their legal identity documents.

The UDM supports this Bill. Let us close yet another chapter in our divided past. [Applause.]

Rev K R J MESHOE: Madam Speaker, hon Deputy President, hon Minister, the ACDP endorses the objectives of the Identification Amendment Bill, which is aimed at abolishing all forms of identity documents other than the green barcoded identity document. There are still many South Africans today who have other kinds of identity documents which they use for different purposes.

We agree that the multiplicity of identity documents is undesirable and creates unnecessary uncertainty, and that it is imperative that certainty be created in this regard by amending the current Identification Act accordingly. The possibilities and dangers of fraud increase with the number of additional identity documents in the possession of any person. Hence our support for the abolition of all other forms of identity documents.

The passing of this Bill will also underline the importance of having a uniform image and identity as South Africans. This will forever close the last chapter of apartheid, that issued South Africans with different kinds of identity documents based on the colour of their skins, their ethnicity and their geographical place of origin.

We welcome the Identification Amendment Bill, and expect that most political parties - hence most South Africans - will support the passing of this Bill. I want to agree with the hon Ndlovu, who said that only those who were not persecuted for not carrying dompasses will oppose this Bill. [Interjections.] [Applause.]

Dr P W A MULDER: Mevrou die Speaker, dit gaan hier oor die wysiging van die Wet op Identifikasie van 1997, en dit is ál waaroor dit gaan. Ons dink dus ‘n volledige debat oor die knapkaart, of ``smart card’’, soos hulle in Engels sê, is miskien nog te vroegtydig in hierdie stadium, maar dat ons vorentoe baie duidelik na die voor- en nadele daarvan sal moet kyk.

As ‘n mens opsommend spesifiek na klousule 2 van die wetsontwerp kyk, besef jy dat die wetgewing daarop gerig is om identiteitsdokumente van elke vorm behalwe die groen identiteitsdokument met die staafkode af te skaf, en dit skryf verder voor dat slegs groen identiteitsdokumente met die staafkode voortaan geldig sal wees en dat alle ander vorms van identiteitsdokumente vanaf die datum van inwerkingstelling van hierdie wetsontwerp nie langer geldig sal wees nie.

In enige land is ‘n effektiewe identifikasiestelsel die ruggraat van ‘n groot gedeelte van jou staatsadministrasie. As daar ‘n fout of verwarring met ‘n land se identiteitstelsel is, is daar onmiddellik ‘n klomp implikasies. Eerstens kan ‘n mens nie effektiewe verkiesings hou nie. Dit is fisiek onmoontlik. Tweedens is effektiewe staatspensioene nie moontlik nie, met die implikasies wat daarmee saamgaan. Derdens kan ‘n mens nie meer effektiewe beheer uitoefen oor die optekening van geboortes, sterftes, huwelike en so meer nie.

In die verlede was daar heelwat verwarring, spesifiek wat betref die 1999- verkiesing. Die VF as politieke party is oortuig dat ons heelwat stemme verloor het van kiesers wat verward was, en wat in die lig van die hofsake van die DP en NP geglo het dat hulle kan wag tot ‘n laat stadium en toe nooit geregistreer het en nooit boekies gehad het nie. Steeds is daar nog baie kiesers wat ou boekies het en ons wil ‘n baie sterk beroep op hulle doen om asseblief die nuwe groen boekie te kry.

Ons het heelwat vrae daaroor, maar die VF sal wel die wetgewing steun soos dit hier voor ons staan. Ons wil egter wel baie seker maak dat daar nie nou verwarring kom tussen die kaart en die boekie nie, want die probleem is, mense wat nou nuwe boekies moet kry, en dan hoor van die nuwe kaart, gaan op die ou end nie vir een van die twee aansoek doen nie, en dan val hulle weer in die middel deur. Ons vra dus die departement om ook ‘n veldtog te loods om dit duidelik te maak dat ons eers die een afhandel en dan aanskuif na die volgende een toe.

Die VF gaan die wetsontwerp steun. [Applous.] (Translation of Afrikaans speech follows.)

[Dr P W A MULDER: Madam Speaker, what we are discussing here is the amending of the Identification Act of 1997, and that is all that we are discussing. We therefore think that it is possibly too early for a full debate on the ``smart card’’ at this stage, but that in the future, we will have to take an in-depth look at its advantages and disadvantages.

When one, in summarising, looks specifically at clause 2 of the Bill, one realises that the legislation is aimed at abolishing all forms of identity documents other than the green identity document with the barcode, and it furthermore prescribes that only green identity documents with barcodes will in future be valid and that all other forms of identity documents will no longer be valid, from the date on which this Bill comes into effect.

In any country an effective identification system is the backbone of a large part of public administration. If there is a mistake or confusion in a country’s identification system, there are immediately a number of implications. Firstly, one cannot hold effective elections. This is physically impossible. Secondly, effective payment of state pensions is impossible, with all the implications of that. Thirdly, one can no longer exercise effective control over the registration of births, deaths, marriages and so on.

In the past there was quite a lot of confusion, specifically with regard to the 1999 election. The FF, as a political party, is convinced that we lost quite a number of votes of voters who were confused, and who, in the light of the court cases of the DP and the NP, thought that they could wait until a late stage and so never registered and never had books. There are still many voters who have old books and we want to appeal to them urgently please to obtain the new green book.

We have quite a number of questions about this, but the FF will in fact support the legislation as it stands. We want to make very sure, however, that confusion does not arise between the card and the book, because the problem is that people who must now get new books and thus hear about the new card will in the end not apply for either of the two, and then they will once again fall between two stools. We therefore want to ask the department to launch a campaign to make it clear that we are first completing the one and then we will move on to the next one.

The FF will support the Bill. [Applause.]]

Mr P H K DITSHETELO: Madam Speaker, hon Deputy President, hon Minister, South Africans are known as, and they call themselves, the rainbow nation, to indicate that people of different hues can be brought together by a common factor, which is nationality. They are on record as saying ``Simunye’’ - We are one.

That prior to 1986 identity documents distinguished people according to race and geographical and territorial origin says a lot about this country. Since the early 1990s the majority of South Africans have voluntarily done away with their identity documents that had a bearing on race, in an effort to unify the country. The period of grace and transition to acquire the new identity document seems to be too long. The country must change over to something new while we wait for the new identification card.

It is difficult to fathom why some people still want to cling to old identity documents when we are one nation with one education system, one nation in one country, one nation with one Constitution, one nation with one anthem, one nation with one voters’ roll, one nation in one Parliament. We definitely must be one nation with one identity document - finish and klaar! [Applause.]

Miss S RAJBALLY: Madam Speaker, hon Minister, hon Deputy President … [Interjections] … the objective of the Identification Amendment Bill is to apply an imperative control mechanism, to establish a watertight identification system in South Africa. Thus this will gradually eliminate the multiplicity of means of identification, which creates unnecessary administrative problems and criminal activities. The implementation of the identification document is cost-effective and a time-saving instrument. Furthermore, the convenience of the identity document will speed up human activity on a multi-level in South Africa.

Identification on the basis of race was the cornerstone of apartheid. The Group Areas Act separated people on the basis of race. Admission to schools, hospitals and churches was regulated on the basis of race, as was the decision as to who could marry who, and the imposition of racial identity, etc.

The Population Register Act under apartheid divided South Africa. Today there is a common identity in a common nation. One nation, one country and one identity document! [Applause.]

Mr C AUCAMP: Madam Speaker, Miss Rajbally should have added one member per party! Die vertrekpunt in die memorandum van hierdie wetsontwerp, is die feit dat identiteitsdokumente voor 1986 op ras gebaseer was, ‘n situasie wat deur Wet 72 van 1986 verander is. Klassifikasie het dus plek gemaak vir identifikasie. Identifikasie het dus op sy beurt te make met ‘n mens se diepste self, jou identiteit, en dit sluit vele dinge in - jou geslag, jou taal, jou kultuur, jou geloof, jou familie, jou volk.

‘n Identiteitsdokument se doel is egter meer beperk. Dit het ten doel om jou identiteit voor die staat en in regshandelinge te omskryf. In daardie geval is daar nie ruimte vir klassifikasie nie, is elkeen gelyk voor die reg en het elkeen binne die huidige Grondwet gelyke aanspraak. Daarom bly die vraag in dié verband steeds staan: hoe is dit moontlik dat daar in die geval van regstellende optrede, ook van staatsweë, nog teruggeval word op klassifikasie en nie identifikasie nie? (Translation of Afrikaans paragraphs follows.)

[The point of departure in the memorandum to this Bill is the fact that before 1986 identity documents were based on race, a situation which was remedied by Act 72 of 1986. Classification therefore made way for identification. Identification in turn has to do with one’s inner self, one’s identity, and this includes many aspects - one’s gender, one’s language, one’s culture, one’s religion, one’s family, one’s people.

However, the aim of an identity document is more limited. The aim is to define one’s identity before the state and during legal acts. In that case there is no room for classification, everyone is equal before the law and according to the present Constitution everyone has an equal claim. Therefore the question in this regard still remains: How is it possible that in the case of affirmative action, the government is still resorting to classification instead of identification?]

How is it possible that the so-called designated groups are still defined in terms of a classification not reflected in our new identity documents?

Wat die nuwe vorm van identifikasie betref, die AEB steun hierdie wetsontwerp. Ons vra net dat daar orde oor sake moet kom. Die vraag is of die departement gerat is vir hierdie infasering, wat verder strek as net verkiesings. Dit handel oor huwelike, geboortes, lisensies en al hierdie dinge. Ons moet seker maak dat daar nie probleme in dié areas opduik nie.

Ek pleit ook vir ‘n maklike prosedure daarvoor. Dit is nie nodig dat iemand van Thabazimbi moet wag vir die poskoets van Ellisras vir ‘n identiteitsdokument nie.

‘n Verdere vraag is: Hoe sinvol is dit om nou ‘n nuwe sisteem van staafkodes af te forseer terwyl die bedoeling van die wetsontwerp duidelik is dat daarna die sogenaamde kaartsisteem oorgeskakel sal word? Hierdie optrede herinner ‘n mens aan ‘n tandarts wat vandag ‘n tand ten duurste te stop, wel wetende dat hy hom môre gaan trek.

Laastens doen ek ‘n beroep op die AEB-ondersteuners om te registreer. Nagenoeg 100 000 ondersteuners van die AEB kon nie stem in die vorige verkiesing nie. Ons het hulle stemme nou nodig. Daardie mense moet hulle identifikasie kry sodat ons hulle steun ook kan gebruik.

Die AEB steun hierdie wetsontwerp. [Tussenwerpsels.] (Translation of Afrikaans paragraphs follows.)

[As far as the new form of identification is concerned, the AEB supports this Bill. All we ask is that there should be order with regard to cases. The question is whether the department is geared for this phasing in, which extends far beyond elections. It deals with marriages, births, licences and all these matters. We must ensure that no problems occur in these areas.

I am also appealing for an easy procedure for this. It is not necessary for someone from Thabazimbi to wait for the mail-coach from Ellisras for an identity document.

A further question is: How meaningful is it to enforce a new system of barcodes now while the intention of the Bill clearly is for the so-called card system to be introduced? This behaviour reminds one of a dentist who fills a tooth today, at great expense, knowing full well that he is going to pull it out tomorrow.

Lastly I want to appeal to all AEB supporters to register. Approximately 100 000 AEB supporters were unable to vote in the previous election. We need their votes now. Those people must get their identification documents so that we can make use of their support. The AEB supports this Bill. [Interjections.]]

The SPEAKER: Order! Hon members, I think I hear an election looming.

Bishopo L J TOLO: Mohlomphegi Sepikara, mohlomphegi Tona ya tša Selegae Kgoši Shenge Buthelezi, maloko a hlomphegago, pele ga ge nka tšwela pele ka Molaokakanywa wo lego pele ga Ngwako, ke rata go lemoša Lekgotla-kganetšo la bomohlomphegi Mna Douglas Gibson gore kgapela ke kwele Mna Grobler a tladitše lešata. Ge ke mo lebeletše, bagešo, ke dumela gore ruriruri ge motho a timeditšwe ke sepoko ke bothata go yena go bona tsela gape. [Disego.] (Translation of Sepedi paragraph follows.)

[Bishop L J TOLO: Madam Speaker, the hon Minister of Home Affairs, Chief Buthelezi, hon members, before I get to the Bill that is before the House, I would like to warn the opposition party of the hon Mr Douglas Gibson that I often hear Mr Grobler making a lot of noise. When I look closely at him, I realise that it is true that when a ghost causes someone to lose his or her way, it may be difficult for that person to find his or her way again. [Laughter.]]

Wat ek hier wil sê, is dat as ‘n mens deur ‘n spook in die nag laat verdwaal is, is dit swaar om jou pad weer te kry. [Gelag.] Ek wil sê, hierdie party - die DP - was voorheen die Progressiewe Party, die Progressiewe Federale Party, die Suid-Afrikaanse Party, die Verenigde Party, en vandag is hy die DP. Hy verander soos ‘n trapsoetjies! (Translation of Afrikaans paragraph follows.)

[What I want to say is that if a ghost in the night causes one to get lost, it is difficult to find one’s way again. [Laughter.] I want to say, this party - the DP - previously used to be the Progressive Party, the Progressive Federal Party, the South African party, the United Party, and today it is the DP. It changes like a chameleon!]

Ka segagešo phoofotšwana yeo re e bitša leobu. [Disego.] [In my language we call such an animal a chameleon. [Laughter.]]

As die trapsoetjies groen bome sien, dan verander hy homself na die groen kleur; as hy wit papier sien, dan verander hy homself na die wit kleur; as hy iets geels sien, dan verander hy homself na die geel kleur, en as hy iets swarts sien, verander hy homself na die swart kleur. [Gelag.] Met ander woorde, die DP het saam met die NP vir ‘n lang tyd saamgelewe en saamgeëet.

As hulle vandag inkom, is hulle die DP. Ek wil vir agb lede sê hulle moenie bekommerd wees nie, want as ‘n mens verdwaal is, sal dit hom ‘n lang tyd vat om sy pad weer te kry. Ons kan almal sien dat mnr Gibson nie hare op sy kop het nie. Hy laat arme mense verdwaal. (Translation of Afrikaans paragraph follows.)

[When a chameleon sees green trees, it changes itself into the colour green; when it sees white paper, it changes itself into the colour white; when it sees something yellow, it changes itself into the colour yellow; when it sees something black, it changes itself into the colour black. [Laughter.] In other words, the DP has lived and eaten with the NP for a long time.

Today they are the DP. I want to tell hon members not to worry, because when one is lost, it will take one a long time to find one’s way again. We can all see that Mr Gibson has no hair on his head. He causes poor people to get lost.]

Ke rata go lemoša mohlomphegi Tona ya tša Selegae gore ge re ama dipukwana tše tala tša boitsebišo, go bohlokwa gore batho ba gaborena ba hlokomedišišwe gore go na le tše talamorogo tšeo di nago le dibarcode, gape go bile go na le tše dingwe tše talamorogo, eupša tšona ga di na dibarcode, mola ba bangwe ba sa na le tšela tša bogologolo.

Se sengwe gape seo ke se lemogilego ke gore mohlomphegi Tona Kgoši Buthelezi ke modudi wa magaeng, bjaloka nna. Bontši bja magae ga bo na diaterese le dinomoro tša mekgotha goba tša mapokisana a poso. Ge go e tla go tša go tsoma dipukwana tša boitsebišo, go ba bonôlô metseng ya ditoropong. Ge e le metsaneng ya magaeng go ba bothata gobane ge bammušo ba feditše go gatiša dipukwana tšeo, e ba boima go beng ba tšona go ka di hwetša. A ke re mohlomongwe di gorogetše gammaseterata. Batho ba gaborena ba palelwa ke go di lata fao, ka baka la go hloka mašeleng.

Nna ke bona go le bohlokwa gore bolwetši bjo bo alafiwe. Ge motho a ka ya mafelong a mangwe, o tlo hwetša go le mekgobo ya dipukwana tša boitsebišo, tša go ka ba makgolo a mararo go iša go makgolo a mane, tšeo di se nago beng. Nna ke šišinya gore go ka ba bjang ge re ka dira gore bommaseterata ba ditikologo ba tšeye dipukwana tšeo gomme ba di iše magošing, mo go agilwego diofisi. Ke dumelago gore ge batho e le ba kgoši ya fao - a re re mohlomongwe ke ba Kgoši Buthelezi - gomme dipukwana di fološitšwe mošate, bakgekolo le bona ba ka kgona go ya go itšeela tša bona ka noši. Ke bona gore ge re ka dira bjalo re ka holega.

Se sengwe seo ke ratago go se lemoša mohlomphegi Tona ke gore re kwele gore mafelong a go swana le boHillbrow go na le batho bao ba direlago batho dipukwana tša boitsebišo tša bofora, tšeo di se nago dibarcode, gomme gagolo di rekišetšwa batšwa-ntle. Ka gona, ke dira boipiletšo go bohle bao elego baetapele ba setšhaba gore nke re lekeng go hlokomedišiša batho ba gaborena gore ba fahlologelwe lebaka la gore dipukwana tša boitsebišo tšeo di nyakegago ke tše botalamorogo, tšeo di nago le dibarcode, le gore di ka hwetšagala lekaleng la tikologo la Kgoro ya tša Selegae.

Bjaloka ge ke šetše ke hlalošitše, ge motho a fihla mafelong a mangwe a dikgetho o hwetša mokgalabje a swere pukwana yela ya kgale ya boitsebišo, yeo re ilego ra e newa ke bahlomphegi ba DP le bomohlomphegi Sakkie Pretorius. Go bohlokwa gore baetapele ka moka bao re lego ka mo Ngwakong, re re ge Palamente e tswalela ka moswane, ge re fihlile magaeng a rena, re šomeng ka kudu go dira gore batho ba gaborena ba kgone go hwetša dipukwana tša boitsebišo, tšeo di tšwago Kgorong ya tša Selegae, gore ka moka ba kgone go iphsina ka go ya go kgetha mmušo wa selegae. Mehleng yela ya kgale ga se ba be le nako ya go ka kgetha. Bjalo nako e fihlile ya gore ba kgethe. Ke dira boipiletšo gore re lekeng go ba lemoša le go ba tutuetša gore, ge go kgonega, nhla ye ke e hlalošitšego - ya go boledišana le bamafapha a tša selegae - go bona gore magošing a rena ke bokgauswi mo batho ba gaborena ba kago kgona go ya go tšea dipukwana tša bona tša boitsebišo, tšeo ba ingwadišeditšego tšona ntshe. (Translation of Sepedi paragraphs follows.)

[I would like to bring to the attention of the hon Minister of Home Affairs that, when it comes to the green identity documents, it is important that our people should be made aware that there are green ID books with barcodes and that there are other green ID books that do not have barcodes and that some people are still in possession of outdated identity documents.

I am also aware of the fact that the hon Minister, Chief Buthelezi, lives in a rural area, just like me. Most of the rural areas do not have street addresses or post office box numbers. When it comes to tracing the identity documents, it is very easy in the urban areas. That is not the case in the rural areas, because once the ID books have been completed, their owners find it difficult to collect them - say they are delivered at the magistrate’s office, most of our people find it difficult to collect them because they have no money.

I think that it is important that this matter be remedied. If one were to go to some areas, one would be likely to find piles of unclaimed identity documents, maybe as many as 300 or 400. I suggest that magistrates of such districts should take the identity documents and deliver them at the offices of the traditional leaders. I believe that the people who are the subjects of that traditional leader - say the subjects of Chief Buthelezi - will be able, on their own, even the elderly, to go to the offices of their traditional leader and collect their identity documents. I think that if we were to do that, we would solve this problem.

I would also like to inform the hon the Minister that I have heard that in places such as Hillbrow, there are people who are making and selling counterfeit identity documents and that they are being sold mostly to illegal aliens. My appeal to all the leaders of the nation is that we must alert our people to the fact that only green barcoded IDs will be accepted and that they are available at the regional offices of the Department of Home Affairs.

As I have already explained, when one goes to certain polling stations one will probably find an old man carrying an outdated ID book, the type that used to be issued by the hon members of the DP and the hon member Mr Sakkie Pretorius. It is important that all of us, as leaders and members of this House - when the House goes into recess tomorrow and we go home - should work hard to ensure that our people are able to obtain ID books that are issued by the Department of Home Affairs so that all of them can exercise their right to vote. Not so long ago they were denied that right. Now is the time for them to vote. My appeal is that we should inform them and also encourage them so that, if possible, the proposal that I made - that regional offices of the Department of Home Affairs should be consulted - is implemented in order to ensure that the offices of traditional leaders and other places that are close to the people are used as collection points where our people can collect their ID books for which they have applied.] Dit is baie mooi en ordentlik. Ons het vir ‘n baie lang tyd swaar getrek. Agbare lede sal onthou dat ek nou die dag gesê het dat ek in 1970 getrou het. Nadat ek getroud was - baie maal is dit baie lekker as ‘n jongman by sy vrou bly, en die Bybel sê ook ‘n man moet by sy vrou bly - het ek een nag ‘n man gesien wat soos die agb Douglas Gibson gelyk het. Ek sê nie dit was hy nie, maar hy het soos hy gelyk.

Daardie nag moes ek van die polisie wegkom. Ek het my vrou in die kamer gelos. Ek was so haastig dat ek my broek in die kamer gelos het. Ek het my baadjie gevat en my bene in die moue van die baadjie gesteek. Daardie nag het ek iemand gesien wat baie na die agb mnr Gibson gelyk het. Ek dink dit was hy. Mnr Gibson moet kennis neem, soos hulle sê, ‘n trapsoetjies is ‘n trapsoetjies en hy sal maar altyd so bly. Die DP is die DP en sal altyd so wees.

Die ANC se slagwoord is: The people shall govern!'' Die ANC sê:A better life for all South Africans!’’ [Applous.] (Translation of Afrikaans paragraphs follows.)

[That is all very well and decent. For a very long time we struggled a lot. Hon members will recall that I said the other day that I got married in

1. After I got married - it is often very pleasant for a young man to live with his wife, and the Bible also says that a man should live with his wife - one night I saw a man who closely resembled the hon Douglas Gibson. I am not saying it was him, but he looked like him.

That night I had to get away from the police. I left my wife in the room. I was in such a hurry that I left my trousers in the room. I took my jacket and stuck my legs through the sleeves of the jacket. That night I saw someone who looked very much like the hon Mr Gibson. I think it was him. Mr Gibson must take note, as they say, that a chameleon is a chameleon and will always be one.

The ANC’s slogan is: The people shall govern! The ANC says: A better life for all South Africans! [Applause.]]

From 1912 … [Interjections.]

The SPEAKER: Order! Hon Mr Gibson?

Mr D H M GIBSON: Madam Speaker, there was such a noise that I could not quite hear what the hon member was saying, but, on a point of order: Did the hon member insinuate or state that Douglas Gibson had been visiting his wife, and that he ran off to the police, leaving his trousers behind? [Laughter.] I assure you that I have not visited the hon member’s wife, and I certainly did not leave my trousers behind! [Interjections.]

The SPEAKER: Order! Hon member, I will consult Hansard.

Biskop L J TOLO: Mevrou die Speaker, dit lyk vir my die agb mnr Gibson verstaan nie Afrikaans goed nie. Ek het nie gesê hy was daar nie. Ek het gesê daardie nag het ek ‘n ander man gesien wat na hom gelyk het, maar ek sê nie dit was hy nie. Dit is wat ek gesê het. [Gelag.]

Ek dink hy is nou tevrede. [Applous.] (Translation of Afrikaans paragraph follows.)

[Bishop L J TOLO: Madam Speaker, apparently the hon Mr Gibson does not understand Afrikaans very well. I did not say that he was there. I said that that night I saw another man who looked like him, but I am not saying that it was him. That is what I said. [Laughter.] I think he is satisfied now. [Applause.]]

The MINISTER OF HOME AFFAIRS: Madam Speaker, his Excellency the Deputy President and hon members, I am very grateful for all the contributions that were made by almost every member that has come to this podium to debate this Bill. I think that all the points have been well taken concerning, for instance, the fact that the department needs to do something to ensure that the drive to issue these IDs is speeded up. The point is also well taken that, of course, with all good intentions, we have a problem as far as finance is concerned, but, in the circumstances, we will do our utmost.

Concerning matters that were raised by Mr Waters about the whole Hanis process, well, it is true that Cabinet decided those things after we had presented them as the Ministry of Home Affairs, but I think that the whole process as such was transparent, and I think that, so far, no one can point out any hanky-panky in the tender process.

Without wasting this House’s time, I would like to thank my colleagues in this House for the realistic manner in which they have responded to this debate. [Applause.]

Debate concluded. Bill read a second time (Democratic Party dissenting).

        LOCAL GOVERNMENT: CROSS-BOUNDARY MUNICIPALITIES BILL

                       (Second Reading debate)

Order disposed of without debate.

Bill read a second time.

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON HEALTH - SADC HEALTH PROTOCOL

Dr A S NKOMO: Madam Speaker, Deputy President and members of the House, there was a time in the past, that the hon Mangosuthu Buthelezi likes to refer to, of Pixley Aya ka Seme. Ranging from those days up to the days of the present-day renaissance, people spoke about the prevalence on the African continent of poverty, ignorance and diseases, and always swore that there would be this great and historic day when these pestilences would be eliminated on the continent of Africa. Today, it is our pleasure to indicate that SADC has decided to concretise this vision in the form of this protocol, and, for once, we are happy to report to this Parliament that the portfolio committee, across the party-political divide, have found one another and we are all unanimous in recommending to this House that the SADC protocol be ratified by the House.

During 1997, 14 member states decided that it was necessary for SADC to focus on health as a key sector in their programme of action, the rationale being that it was becoming increasingly essential for the SADC community in particular to address the effects of globalisation on the health of more than 190 million people of the region effectively and efficiently. The health sector was allocated to South Africa for co-ordination in SADC.

The main goal of the sector is to attain equity through acceptable standards of health for all citizens by embarking on a number of strategies which will promote, co-ordinate and support individual and collective efforts of member states. In pursuit of this goal, member states have accepted the protocol in which they agree to act in accordance with, amongst others, four principles: equality of member states, co-ordination of activities, health through the primary health care approach, and the promotion of equity.

Sub-Saharan Africa is worst hit by the HIV pandemic and South Africa is currently facing the fastest growing HIV infection rate. Therefore, for us, and the rest of sub-Saharan Africa, putting in place regional mechanisms to curb the pandemic is important, and, as a result, the ratification of the protocol is essential.

Managing the protocol is a crucial component of implementation. In 1998 relevant posts were advertised and filled with South Africa being responsible for the staffing of the health sector co-ordinating committee. There are four members of this unit. South Africa, through the Department of Health, is responsible for financing the health sector co-ordinating unit. An amount of R1,4 million is to be allocated for running costs. We welcome this and say that it is money well spent.

It is imperative that this protocol be ratified by this House, as we in SADC have much work to do, especially in respect of the unintended and intended consequences of globalisation. If Africa is to lead the way in solving the problems, we will have to co-ordinate our policies and work together as a team to better the lives of our people.

We as a portfolio committee unanimously urge this House to ratify this protocol. [Applause.]

Mrs S V KALYAN: Madam Speaker and hon members, South Africa must surely be proud that it has been awarded the administration of the health sector by SADC. While it comes at a price to the national health budget, the long- term benefits will far outweigh this, especially in the context of the reduction of the burden on South African public health services, provided that the activities are properly co-ordinated and the information is shared unconditionally.

The protocol is rather grand and comprehensive in its objectives. Whilst South Africa has relatively good structures in place for action plans around most of the articles, it has failed to come up with a comprehensive and workable strategy to deal with article 10, namely the issues around HIV/Aids.

The Aids pandemic is posing the most serious threat, not only to the vast population of the SADC region, but also to its precious nonhuman resources. Given that there is one Aids-related death every 10 minutes, accompanied by human suffering, social consequences and a dark economic shadow, SADC has to pull out all the stops in preparing to limit the threat that this pandemic poses to us. This is no time to fiddle around with academic debate. The protocol should prioritise article 10 as a matter of urgency. Furthermore, every possible means of controlling and limiting the epidemic needs to be actioned quickly.

The protocol is a good document and it abides by the principle that health care is the right of every individual. It encompasses the goal of health for all. Health care is a partnership and the protocol requires committed participation from all role-players. The DP supports the SADC health protocol. [Applause.]

Dr K RAJOO: Madam Speaker, it is my privilege and a great honour for me to stand before you today, on behalf of the IFP, and accept this SADC health protocol. [Applause.]

In doing this, we are aware that, at last, in Africa we have people of vision. Africa is normally known as a place of pessimism, where there are wars, strife, starvation and misery. At last, we have people who have vision and can look far beyond the borders and say that we need a protocol for health. We need to help our people to be healthy. Members know that a healthy population is a prerequisite for sustaining human development. It is a basic need and right of all humanity. As the Greeks said long ago: Mens sana in corpore sano, that is, a sound mind in a sound body is very important to everybody.

Close co-operation is necessary to address these problems. We need to have primary health care. A mosquito does not care whether it comes from Mozambique or the northern areas to bite a fellow in Pongola, and neither does a woman or a man infected with Aids and coming across the border and spreading it in other areas. So, we need to be concerned about other areas as well, and not only our country.

We applaud this particular protocol and we say to our Minister of Health, our President and all leaders: Go ahead and do what is right for our nation! [Applause.]

Dr R T RHODA: Madam Speaker, hon members, the SADC Health Protocol is a division of the general SADC agreement with a view to developing and co- ordinating policy in South Africa as a whole.

It is in the interests of South Africa that we have a stable and flourishing community in Southern Africa, as there is an inter-dependence and direct relationship between what is happening in Southern Africa and in the RSA. This is even truer as regards health, because, as we all know, disease knows no boundaries. Furthermore, the SADC health protocol endeavours to co-ordinate health matters in Southern Africa on many levels. It will entail the sharing of expertise, knowledge, infrastructure, experience and co-ordination of policy.

The importance of this agreement becomes even more apparent when one considers the consequences of HIV/Aids, malaria and TB for the whole region. The protocol will also have an effect when lending assistance to the disaster areas, as we recently experienced in Mozambique. The only reservation the New NP has is that this protocol must not become a vehicle for one-way financial support to other countries, as the South African economy clearly cannot carry the financial burden of the whole Southern African region.

The New NP believes that the SADC health protocol is in the best interests of South Africa and Southern Africa and we therefore wholeheartedly support the ratification of the protocol.

Dr M S MOGOBA: Madam Speaker, health is a basic and essential necessity for any country. All our needs do not count for much without health. Lack of health opens the doors to death and after death not much counts.

A country that economises on or sacrifices the health of its people does not have much of a future. With these remarks, the PAC supports the SADC health protocol and notes that South Africa has been appointed the convener. The acceptance of the SADC health protocol comes at an important time for the continent of Africa. This continent is beset with health hazards of monumental proportions, the HIV/Aids pandemic being the most threatening of them all.

The recent statement by the Minister of Health on HIV/Aids is welcomed. There is no need to make excuses when dealing with a major threat like the Aids pandemic. The PAC supports the initiative to issue licences to our pharmaceutical companies to manufacture drugs like AZT and Nevaripine and make them available at affordable prices.

For some time, we have pressed the Minister to do just that because we have an emergency on our hands. An international law allows a government to set aside patent law to fight an emergency. With our 4 million HIV-positive people and almost 100 children daily dying of Aids-related diseases, there can be no doubt that we are facing a dire emergency.

However, the denial of the need to make war against HIV/Aids and the total rejection of all antiretroviral drugs to be used as weapons in this war makes us a little sceptical. This announcement could be a smokescreen provided for the international aids conference next month. So, we will continue to fight to get these drugs available to the poor, especially HIV- positive mothers and women who have been raped. This must be done now.

In addition, drugs for opportunistic infections in people who are HIV- positive must be included in the list of HIV deals. We support the SADC health protocol. [Time expired.] [Applause.]

Miss S RAJBALLY: Madam Speaker, currently in SADC, the health system is characterised by geographic disparities, fragmentation and duplication and mere lip service is paid to the primary health care approach. Access to health care in the developing countries, especially in the rural areas, is extremely difficult due to the fact that the financial burden to provide health facilities is too great and competes with the other basic needs of the people.

The ratification of the SADC health protocol will commit all concerned governments to forming a strong partnership and urgently correct the weakness that exists in the health system. In principle, the SADC health protocol recognises that good health is an essential prerequisite for social and economic development. It also recognises that the transformation of the health system is an investment in human development and not just expenditure. Its ratification is instrumental in uniting the state parties and thus preventing the improvised health care system from functioning in isolation. [Applause.]

Mr M E MABETA: Madam Speaker, hon members, health and disease know no boundaries. It does not matter whether it is tuberculosis, cholera or HIV/Aids infections - diseases can pit one country against another.

The UDM supports this protocol and insists that transformation is not only about economic and political spheres in SADC. It is also the creative interaction between countries on how to fight diseases and environmental hazards. In this respect, we believe that the protocol is an important building block in the creation of conditions of good health.

It is in this context that socioeconomic transformation is a critical variable for the creation of conditions for good health. Equally, the conservation of water and soil, and additions to this, and the preservation of air and a healthy environment are important. All these are essential components for health in the region. Our interventions politically for democratic stability are also important components of health in the region.

South Africa cannot persist in a sea of poverty, for poverty is the anchor on which bad health is rooted. The protocol has to be holistic, pervasive, reasonable and applicable first and foremost to the poorest of the poor. It is in this context that we must all condemn the mining firm’s stand on asbestosis and its unwillingness to pay for the victims of asbestosis.

We must not have a protocol which forces us, for selfish and profit-making reasons, to condone the reluctance of certain companies to accept their moral and social responsibilities to compensate hundreds of employees and former employees who have fallen victim to diseases in the process of producing wealth for these mining houses. Let us stand together and support this protocol so that we may not be accused of selective concern when it suits our own political interests.

Debate concluded.

Report adopted.

The House adjourned at 15:21. _______

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

 (1)    The Minister of Finance on 12 June 2000 submitted a draft of the
     Bills of Exchange Amendment Bill, 2000 as well as the memorandum
     explaining the objects of the proposed legislation, to the Speaker
     and the Chairperson in terms of Joint Rule 159. The draft has been
     referred to the Portfolio Committee on Finance and the Select
     Committee on Finance by the Speaker and the Chairperson,
     respectively, in accordance with Joint Rule 159(2).

Papers:

1. The Speaker and the Chairperson:

 The following paper was tabled on 14 June 2000 and is now referred to
 the Portfolio Committee on Finance and to the Select Committee on
 Finance:


 Explanatory Memorandum on the Taxation Laws Amendment Bill, 2000 [WP 1-
 2000].

TABLINGS: National Assembly and National Council of Provinces:

Papers:

1. The Minister of Finance:

 (1)    Regulation No R.556 published in Government Gazette No 21249
     dated 31 May 2000, Treasury Regulations made in terms of section
     76 of the Public Finance Management Act, 1999 (Act No 1 of 1999).


 (2)    Regulation No R.562 published in Government Gazette No 21253
     dated 5 June 2000, Draft Regulations published for comment in
     terms of section 5 of the Preferential Procurement Policy
     Framework, 2000 (Act No 5 of 2000).

COMMITTEE REPORTS:

National Assembly:

1. Report of the Portfolio Committee on Provincial and Local Government on a Study Tour to Australia, dated 14 June 2000: The Portfolio Committee on Provincial and Local Government, having undertaken a study tour to Australia to enquire into Local Government Development and Planning Performance Management, reports as follows:

 A.     Introduction


     1. The Local Government: Municipal Systems Bill (the Bill),
          currently before Parliament, deals with restructuring of the
          internal administration and systems of municipalities to give
          effect to the vision of ``developmental local government'',
          set out in the Constitution and the White Paper on Local
          Government. The memorandum to the Bill explains that it
          ``describes the core processes or elements that are essential
          to realising a truly developmental local government system.
          These include participatory governance, integrated development
          planning, performance management and reporting, resource
          allocation and organisational change. The Bill links these
          processes into a single cycle at local level, that will align
          various sectoral initiatives from national and provincial
          government departments with a municipality's own capacity and
          processes. This will ensure better synergy between local,
          provincial and national initiatives, and a more effective
          system of intergovernmental relations''. The Bill seeks to
          establish ``a performance management system for local
          government, including a system of measuring and evaluating
          performance in priority areas, and reporting annually to
          citizens and other spheres of government, so that performance
          can be compared across the whole of local government, and
          under-performance in critical areas identified at an early
          stage. This will provide municipalities with a tool to
          evaluate progress with their IDP, as well as a more rational
          and informed basis for choosing appropriate service providers.
          It will also enable a far more appropriate and targeted system
          of capacity building and intervention to be put in place by
          national and provincial government''. In short, the Bill deals
          with five key interrelated aspects, namely public
          participation, integrated development planning, performance
          management, restructuring the administration and service
          delivery systems.


     2. Performance management is a key theme in the Bill and is new
          and innovative in the way it is being put into law. The
          Department of Provincial and Local Government (the Department)
          drew significantly on the Australian performance management
          system and experiences in drafting the Bill. It was felt that
          it would be useful to undertake a study tour of Australia to
          examine performance management and other aspects of local
          government relevant to the Bill to better equip Committee
          members to process the Bill. Australia has been undergoing
          major local government transformation over the past 10 years.
          All the states have passed new local government legislation,
          and some have reduced the number of municipalities. The aims
          have been similar to those of the new system of local
          government in our own country, with emphasis on planning,
          accountability, performance management, organisational change
          and different forms of service provision.


     3. The National Democratic Institute (NDI) was approached for
          funding. The NDI kindly agreed to fund and organise a study
          tour for eight members of the National Assembly and the
          National Council of Provinces.


     4. The National Assembly members who undertook the study tour were
          Yunus Carrim, Gloria Borman, Charlotte Lobe, Isaiah Ntshangase
          and Peter Smith. The NCOP members were Mohammed Bhabha, Sandra
          Botha and Nosipho Ntwanambi. The tour took place from 12 to 20
          May 2000.


     5. The tour included visits to New South Wales, the Australian
          Capital Territory, Queensland and Western Australia. The major
          cities visited were Sydney, Canberra, Brisbane and Perth.
          Meetings were held with a wide range of stakeholders,
          including state politicians, councillors, officials, trade
          unions and civil society organisations. These included
          Parramatta City Council, the Institute of Municipal
          Management, the Australia Services Union, the Minister for
          Urban Services of the Australian Capital Territory, the
          Association for Local Government in Australia, the
          Commonwealth Grants Commission, the Ipswich City Council, the
          Queensland Department of Local Government Planning, the City
          of Perth, the City of Waneroo, the Shire of Gin Gin, the
          Department of Local Government of Western Australia, the City
          of Swan and the Hyde Park Precinct Group.


     6. The study tour was remarkably successful, and the lessons drawn
          from it would certainly be of value in processing the Bill.


     7. This Report is an overview of the study tour. A fuller report
          has been distributed to Portfolio and Select Committee members
          and is available in the office of the Portfolio Committee
          Secretary.


 B.     Some relevant background features
     1. Australia is very different from South Africa in terms of its
          society and the way it distributes power between national,
          provincial and local government. Australia is a federal state,
          with a Commonwealth government, state/territory governments
          and local governments. The Commonwealth government has
          exclusive powers as well as concurrent powers with the states.
          The states are governed in terms of their own constitutions,
          based on broad charters. Local government is regulated in
          terms of the states' constitutions and state legislation.


     2. There are six states and two territories in Australia. Each
          state/territory has its own local government legislation.
          There are about 700 local government municipalities in
          Australia. These vary in geographic size from 1 square km to
          380 000 square km and in population size from 200 to about
          800 000.


     3. Among other reasons, local government transformation in
          Australia was precipitated by the need to rationalise the
          number of municipalities, restructure the administration,
          develop different service delivery mechanisms, ensure greater
          public participation, and improve the performance of
          municipalities.


     4. In effect, new local government legislation in all the states
          has moved away from being prescriptive and regulatory to
          giving local government municipalities more space to shape
          their own role. In the past, municipalities could only do what
          was set out in the law. The current legislation provides more
          flexibility and allows municipalities to do what they want to
          do, provided it does not conflict with the constitution and
          legislation.


     5. The new legislation also provided for reducing the number of
          municipalities. In New South Wales, the Local Government Act
          of 1993 provided for voluntary merger processes. The number of
          municipalities was subsequently reduced from 324 to 177.
          Transformation in Western Australia was preceded by the
          establishment of criteria for determining the financial
          viability of municipalities. Financial viability is based on
          three criteria:


          (1) Where administrative expenditure is more than 10% of total
              expenditure.


          (2) Where debt service is more than 33% of rate income.


          (3) Where financial assistance grants are more than 50% of
              total income.


     6. The new legislation has also led to local government being
          compelled to develop strategic plans in consultation with
          communities and the incorporation of performance indicators
          that measure community satisfaction with the government's
          performance.


     7. Rates and service charges are the principal revenue sources for
          local government in Australia. Tax revenue raised through
          rates and charges varies from 47% in Queensland to 70% in
          South Australia. The federal government provides substantial
          grants to local government, especially in respect of roads and
          public works programmes. Revenue from grants average 18% in
          most of the states, with the exception of the Northern
          Territories, where revenue from grants amounts to 34%.


     8. The National Local Government Report of 1998-99 suggests that
          the implementation of these reform strategies has yielded
          significant measurable results in terms of improving municipal
          service delivery and improving the financial viability of
          local government.


     9. Of course, there are significant differences between Australia
          and South Africa. Nevertheless, the delegation was struck by
          the remarkable similarities in many of the challenges
          municipalities in both countries have to confront. What was
          particularly striking, was the way the Ipswich municipality
          functioned - the links between public participation, planning,
          performance management and reporting and municipal service
          provision are very similar to the requirements of the Bill.
          Even the ways in which the two country's systems are
          different, proved of much educational value for the
          delegation.


 C.     Public participation


     1. Community participation and partnerships are central to
          planning and service delivery in Australia. Several
          mechanisms, some of which are regulated in legislation, have
          been introduced to encourage public participation. These
          include the following:




          (1) At least 30 minutes being set aside for questions from the
              public at council and committee meetings. The delegation
              was witness to this at a council meeting of the Ipswich
              municipality. This practice was reported as being widely
              applied in Australia.


          (2) General public meetings in different areas at least once a
              year. Special public meetings have to be called if they
              are requested by at least 100 ratepayers or 5% of the
              ratepayers in some cases or one third of the councillors.
              These meetings are usually convened by the chief
              executive officer and presided over by the mayor. All
              decisions made at such meetings are considered at the
              next council meeting.


          (3) Chief executive officers are required to give public
              notice of the availability of annual reports. These
              reports deal with the municipality's principal
              activities, performance, audited financial matters and
              other issues of concern to the public.


     2. In some states, municipalities are encouraged to rotate the
          holding of council meetings in different areas to ensure
          greater public participation.


     3. Some municipalities also have Community Advisory Committees,
          consisting of people elected in each ward to liase with the
          council. In Swan, these committees prioritise community needs
          and communicate this to the council. Councillors explained
          that they found this a very useful two-way educational
          mechanism to sensitise councillors to the need of the
          community and to encourage the community to play a more active
          part in planning and implementation of policies. This approach
          is very consistent with the role of ward committees, set out
          in the Municipal Structures Act, and the public participation
          processes, set out in the Bill.


     4. Other relevant aspects of the public participation process in
          municipalities in Australia are the following:


          (1) The involvement of the public in the content of
              development plans, monitoring their progress and playing
              a role in their implementation.
          (2) Regular surveys of the public to establish what people's
              needs are and how satisfied or not they are with the
              council's performance.


          (3) Regular newsletters to encourage communication between
              councils and the public.


     5. While there are all these laws, policy and other mechanisms to
          ensure public participation, the delegation was not able to
          tell what the extent of public participation in practise
          generally is. It would seem to be rather uneven. Certainly
          some of the civil society organisations were dismissive of the
          extent to which councils took public participation seriously.
          Some held that public participation depended on the quality
          and attitude of the councillor in each area. In none of the
          municipalities visited, was money made available by the
          councils to fund ratepayer and residents associations. In some
          municipalities, public participation certainly seems to work
          very well.


     6. In drawing lessons from the Australian experience, the
          following two considerations might be useful to bear in mind:


          (1) On the one hand, given the high standard of living in
              Australia, there is not much incentive for the public to
              get actively involved in the local government activities.


          (2) On the other hand, given the high educational levels of
              the average Australian and the availability of internet
              and other means of communication, it is relatively easy
              to secure public involvement in local government issues
              in Australia.


     7. The basic thrust of the public participation process in
          Australia is similar to that proposed in the Bill. The
          Committee needs to consider the following issues:


          (1) What should be the extent of public involvement in the
              shaping of the content of Integrated Development Plans?


          (2) Should the proposed Integrated Development Plans be
              published for comment?


          (3) Should municipalities be required to publish the final
              Integrated Development Plans to keep the public informed?


          (4) Would it be feasible to have public question times at
              council meetings? If so, how often?


          (5) Should municipalities be encouraged to hold council
              meetings in different areas?


          (6) Should municipalities be encouraged to carry out regular
              surveys of the public to establish people's needs and
              attitudes to the municipalities?


          (7) Should municipalities with the financial means be
              encouraged to assist civic organisations in terms of
              capacity-building and funds?


 D.     Development planning


     1. Local government planning in Australia is guided by
          legislation, which differs across the states. Planning is also
          understood differently in different states. In some
          municipalities, planning is understood in a narrow sense,
          revolving around physical planning; in other municipalities it
          revolves around environmental planning; and in yet others
          there is a more comprehensive notion of integrated development
          planning akin to the approach in the Bill. The best example of
          the latter was to be found in Ipswich.


     2. In Ipswich, the corporate and operational plans, together with
          the budget, form the principal tools for planning and
          development. The council's strategic direction is contained in
          a five-year corporate plan, which is aligned to the overall
          vision of the council. The corporate plan is complemented by
          an operational plan. Operational plans are annual action plans
          geared at the implementation of objectives set out in the
          corporate plan. It provides the framework for the delivery of
          community, environmental and economic services under the
          following themes:


          (1) Essential Services - including waste, water, sewerage,
              roads, flooding and disaster management programmes.


          (2) Development and Growth Management - including planning,
              development and heritage programmes.


          (3) Community Lifestyle - including sports and recreation,
              community services and cultural services.


          (4) Environment - including health and environment protection
              and urban and rural greening programmes.


          (5) Economic Development - including economic development and
              information services programmes.


     3. Budget allocations to resource these programmes are developed
          annually and derived from the corporate and operational plans.
          Budget plans also include forecasts for a further two years in
          accordance with the Local Government Act.


     4. The development of corporate and operational plans is preceded
          by an extensive public consultation process. Processes include
          participation through community surveys, random structured
          telephone surveys and development of community profiles. In
          addition to this, the Local Government Act also requires
          corporate plans to be open for public inspection and input for
          a period of 30 days.


     5. The notion of Integrated Development Plans in the Bill is far
          more comprehensive than the approach to planning in most
          municipalities in Australia. Although municipalities in a
          particular region do come together in Voluntary Regional
          Organisations of Councils, Australia does not have district
          municipalities in the sense that we have in South Africa.
          Also, interestingly, the standard of living is in many cases
          higher in the rural than in the urban areas of Australia.
          Planning in Australia therefore takes place in a different
          context and with a different meaning than in South Africa.
          Nevertheless, there were many useful lessons to be drawn that
          will be of value in processing the Bill. Issues that need to
          be considered, include the following:


          (1) To what extent should Integrated Development Plans be
              regulated in law and to what extent should municipalities
              be left to shape Integrated Development Plans as they
              want to?


          (2) What precisely should the relationship be between
              Integrated Development Plans and budgeting?


          (3) How does the Integrated Development Plan relate to multi-
              year budgeting?


          (4) What should be the extent and nature of public
              participation in Integrated Development Plans?


 E.     Performance management


     1. Performance management gained prominence in Australia about 10
          years ago, following public pressure for improved service
          delivery from municipalities to match the rates and services
          charges paid by the public. It was also prompted by the need
          for improvements in management and greater efficiency and
          effectiveness.


     2. Performance management in each of the states is developed
          differently. In Queensland, the objective is to develop a
          generic system that is broad enough to compare services across
          the state. Here the main objective of introducing a performing
          management system is to enable local municipalities to assess
          their performance against the activities of other local
          municipalities. Through such comparisons, municipalities would
          then be encouraged to improve their operations through
          benchmarking. Generally, the following principles apply:


          (1) Performance indicators should be developed for each
              service to be measured.


          (2) Performance indicators should measure efficiency,
              effectiveness and quality of service.


          (3) Priority should be given to services that are a high
              priority in a number of states.


     3. The Australians have found it very difficult to develop a
          national system of Key Performance Indicators, largely because
          of differences among municipalities in terms of size, key
          needs and priorities, powers and functions and other factors.


     4. Some generally applied Key Performance Indicators include
          quality of management/leadership, financial health, economic
          performance, environmental performance, quality of service
          delivery and social development. Some municipalities suggest
          that there are basically four criteria for Key Performance
          Indicators, namely quantity, quality, timeliness and cost.


     5. In some municipalities, it was suggested that 60% of Key
          Performance Indicators should be based on measuring behaviour
          - the relationship between officials, between officials and
          councillors, and between officials and councillors on the one
          hand and the public on the other. These are more subjective
          considerations. According to this view, only 40% of Key
          Performance Indicators should measure outcomes. Key
          Performance Indicators, it was stressed, should be introduced
          as a supportive function and not a punitive or disciplinary
          measure.


     6. Performance management systems in Australia include indicators
          that measure the level of satisfaction of services provided to
          the public. Municipalities use Community Satisfaction Surveys
          to get public feedback on the quality of services rendered.
          The results of the surveys are published in the newspapers and
          discussed in the media generally.


     7. Chief executive officers and senior managers of municipalities
          are usually employed on performance contracts. These are
          normally for five years, and are reviewed annually by mayors
          and councillors.
     8. In one municipality, at least, councillors can also offer to be
          subjected to a performance management test.


     9. A performance management system is crucially dependent on
          reliable information and data from municipalities. ``If you
          can't measure it, you can't manage it'' is a dictum.


     10.     The Australian experience suggests that a performance
          management system need not be implemented in a fully-fledged
          form at once. Pilot projects can be introduced and adapted
          through a trial-and-error approach.


     11.     The press and media generally play a major role in
          ensuring public discussion on municipalities' annual reports
          on performance.


     12.     There was much to learn from the Australian experience of
          performance management. Among the many issues that have to be
          given further consideration, are the following:


          (1) How much of the performance management system should be
              prescribed in legislation and how much should be left to
              the discretion of municipalities?


          (2) How should the performance management system in South
              Africa cater for the problem of getting accurate
              information from municipalities?


          (3) Should we consider an incremental approach to performance
              management? If so, in what sense?


          (4) How should the performance management system for
              municipalities in South Africa take into account
              limitations in respect of capacity, resources and funds?


          (5) Are there basic Key Performance Indicators that can be
              applied to meeting basic needs throughout the country? Is
              a system of national Key Performance Indicators for
              municipalities feasible?
          (6) How would the category of municipality shape its key
              performance indicators?


          (7) How to ensure the full engagement of the public in
              monitoring the performance of municipalities? How can the
              media assist in this regard?


          (8) Would it be useful to consider pilot schemes of a
              performance management system, and should this be
              provided for in terms of legislation or in terms of
              guidelines from the Minister?


 F.     Municipal service provision


     1. There are different approaches to service delivery in
          Australia. One approach is to emphasise public service
          provision through increasing in-house capacity for
          municipalities themselves to provide core services. Another is
          Competitive Tendering and Contracting, where municipalities
          compete in the open market. A more recent approach is Best
          Value, which is slowly being introduced after replacing
          Competitive Tendering and Contracting in Victoria. Many
          municipalities have a combination of the above approaches.


     2. The Australian Department of Finance defines competitive
          tendering and contracting as follows: ``The process of
          selecting the most preferred provider of goods and services
          from a range of bidders by seeking offers and evaluating these
          against predetermined selection criteria''.


     3. Competitive Tendering and Contracting processes are based on
          the following principles:


          (1) Competitive Tendering and Contracting should be applied to
              achieve optimum value for money.


          (2) Competitive Tendering and Contracting should be informed
              by the corporate strategy of local governments.


          (3) Competition should be transparent, fair and ethical.


     4. Municipal managers, councillors and community groups consulted
          differed on the extent to which Competitive Tendering and
          Contracting yielded significant measurable results. For
          example, Swan municipality suggested that it has opted to
          improve the in-house capacity of local government to deliver
          services. On the other hand, the Australian Capital
          territories government, Ipswich city council and the Shire of
          Gin Gin alluded to significant benefits derived from
          contracting out some of their services. For the unions,
          contracting services results in money not staying in the
          community, but rather going to shareholders. They suggested a
          strategy to build in-house capacity rather than outsourcing.


     5. Some of the significant advantages of Competitive Tendering and
          Contracting reported included the following:


          (1) Increased efficiency: Competitive Tendering and
              Contracting produces savings irrespective of whether the
              winning tender comes from the public or private sector.
              The Australian Capital Territories reported government
              savings of 20% per year due to tendering and providing
              purchaser provider agreements.


          (2) Improved accountability: Suppliers of goods and services
              are accountable to provide services that adhere to the
              specific quality, time and cost requirements of local
              councils.


          (3) Improved quality: Competitive Tendering and Contracting
              creates a competitive environment in which the incentive
              is maintained for suppliers to achieve best practice and
              continual service improvement.


     6. Competitive tendering in Victoria has been less successful, due
          to the rigid and inflexible way it was introduced. The system
          was totally abolished in 1999, in favour of the Best Value
          Approach. Promulgated by law, the new Local Government (Best
          Value Principles) Act of 1999 sets forth the following
          principles in applying best value:


          (1) The need to review services against the best on offer in
              both the public and private sectors.


          (2) An assessment of value for money in service delivery.


          (3) Community expectations and values.


          (4) The balance of affordability and accessibility of services
              to the community.


          (5) Opportunities for local employment growth or retention.


          (6) The value of potential partnerships with other councils
              and state and Commonwealth governments.
          (7) Potential environmental advantages for the council's
              municipal district.


     7. The new system is gradually being introduced. Councils are
          required to establish timetables for the review of best value
          service by 31 December 2000. Thereafter, councils will have
          five years, until December 2005, to complete and implement
          review outcomes.


     8. The delegation would have liked more time to understand more
          clearly the different approaches to service delivery in
          municipalities in Australia, and what lessons they might have
          for South Africa. The delegation has arranged with the NDI to
          receive more information on service delivery in Australia and
          to possibly conduct an internet dialogue with key stakeholders
          in municipalities there.


 G.     Conclusion


     1. The delegation also pursued issues around the relationship
          between Aboriginal communities and local government. An
          overview of this is provided in the full report.


     2. The delegation covered four major cities across huge distances
          within five working days. The programme was perhaps too
          ambitious and somewhat exhausting. Perhaps the delegation
          should have sought to do less? More time should certainly have
          been allocated for a more concerted and regular review of the
          lessons being learnt as the study tour unfolded.


     3. The delegation conveys its sincerest appreciation to the NDI,
          in particular Director Erin Martin and Programme Officers
          Raymond Schuller and Nari Patel, for their astute organisation
          of the study tour.


      4.      The delegation acknowledges the warmth of the reception
          accorded to it by the wide range of stakeholders it met in
          Australia. The delegation is to consider pursuing with the
          South African Local Government Association the possibilities
          of encouraging the twinning of appropriate municipalities in
          this country with those in Australia.