→ Parliamentary → National Assembly - 27 March 2001

National Assembly - 27 March 2001

TUESDAY, 27 MARCH 2001 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 14:04.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

                             NEW MEMBER

                           (Announcement)

The Speaker announced that the vacancy caused by the resignation of Chief N Z Mtirara had been filled, in accordance with item 6(3) of Schedule 6 to the Constitution, 1996, by the nomination of Mr G D Mkono with effect from 26 March 2001.

                                OATH

Mr G D Mkono, accompanied by Mr S Abram and Ms Annelizé van Wyk, made and subscribed the oath and took his seat.

                          NOTICES OF MOTION

The DEPUTY MINISTER OF HOME AFFAIRS: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes with sadness the death of Sonia, the wife of Brian Bunting, a former ANC Member of Parliament;

(2) expresses its heartfelt condolences to the Bunting family; and

(3) joins them in mourning the death of this patriot and comrade.

[Applause.]

Mr D H M GIBSON: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move:

That the House -

(1) affirms the well-established legal principle that accused persons are entitled to be presumed innocent until their guilt has been proved;

(2) believes that when serious allegations are made about the honesty of an hon member, this has the effect of placing a cloud over Parliament until the matter is resolved;

(3) also believes that for parliamentary democracy to succeed, it is necessary that members of the public should have full confidence in the integrity of their MPs; and

(4) therefore calls upon the hon Mr Tony Yengeni to make a simple statement …

The SPEAKER: Order! Hon Mr Gibson, will you please take your seat? You will resume. Mr D H M GIBSON: Certainly.

The SPEAKER: Hon members, I cannot allow notices of motion that relate to the manner in which Mr Yengeni acquired a car or other allegations. I will explain the basis.

Parliament has specifically created the Joint Committee on Ethics and Members’ Interests as a mechanism to consider breaches of the Code of Conduct for Members. The DP has requested the committee to look into this matter. I understand from the chairperson that the committee is meeting tomorrow and has sought further clarification, in terms of its procedures, about the substance of the complaint.

The committee will be reporting to this House. I wish to advise you that I intend to request the committee to try and make a report before we adjourn. At that point, this House will, in fact, have an opportunity to debate the report, whatever it is.

I had intended to make another statement which I will now add to this, because the two are linked. I have noted, via the media, that members have been using the media to ask the Speaker to take action in respect of certain allegations against members on the basis of evidence submitted to me. I want to state that no member has, in fact, submitted any evidence at all to me about any actions or misdemeanours, whatever they are, of members.

The only information I have to hand is that which I received from the hon Dr Woods, as submitted to Scopa. That was limited in terms of the Rules which require that, where charges against members are made to a committee, that committee should refer the evidence to the Speaker who would then decide whether to take it to a disciplinary committee or how to proceed with it. In terms of that Rule, which I believe is Rule 136, Dr Woods did submit a package of documents to me. I looked through those documents and, as I informed Scopa when I met with them, I found that there was nothing of any substance. This, in fact, confirmed what Dr Woods himself had indicated to me.

But, in view of what is being said, and in particular with reference to Mr Yengeni, I want to inform you that the only evidence in that package - and I am not making allegations with regard to any other package - was an extract from the motor vehicle register, which shows that the vehicle in question was registered in Mr Yengeni’s name on 22 October 1998, so that he, therefore, had registered that car on that day. That is the only evidence that was submitted to me.

I want to request hon members who have any substantive evidence on such issues to submit it directly either to the joint committee or to Scopa for consideration, or to me, in which case I would refer it, in any case. I am saying this because we need to understand that acknowledging the integrity of members should go beyond referring to each other as ``hon members’’. We should not succumb to the temptation to reinforce the view that, when it comes to members of Parliament, there is no presumption of innocence. I am very glad to hear the early part of Mr Gibson’s notice of motion, which says the same thing.

There seems to be an impression that there is an assumption of guilt. If we buy into that process, we run the danger of undermining our democracy. So, this is an appeal to members: Take the evidence to the bodies that have been set up, and let them deal with whatever your evidence is. It is on that basis that I do not wish us to entertain here either discussion or notices of motion on this matter. Mr D H M GIBSON: Madam Speaker, naturally, I abide by your ruling. I wondered, however, if you would allow me to read the last three lines of the motion, and then rule it out of order if you think it is out of order. [Interjections.] I got as far as:

(4) therefore calls upon the hon Mr Yengeni to make a simple statement disclosing the details surrounding the acquisition of his motor vehicle, rather than waiting for enquiries and investigations that might prolong the current crisis for months or even years.

The SPEAKER: I will allow that notice, but further notices will not be allowed because we are then just going to continue this debate, and I have already ruled on that matter.

Mr J H SLABBERT: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

That the House -

(1) appreciates the Be Legal initiative, a programme partnered by the national Department of Transport and minibus-taxi operators to allow minibus-taxi operators who operated before 30 June 1997, to become legal operators upon application for a licence;

(2) recognises that this initiative may solve many unresolved car thefts and deal expeditiously with any potential future tensions in the taxi industry; and

(3) requests the Department of Transport to speedily deal with bad elements that will at all costs try to derail this noble gesture by not lodging applications and submitting authentic documentation to the registering body timeously.

Mrs R R JOEMAT: Madam Speaker, I hereby 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 Mayor of Cape Town, Peter Marais, is still trapped by the laws of his apartheid masters; (2) further notes that Mayor Marais blames apartheid laws for not allowing Bafana Bafana to play at Newlands Rugby Stadium;

(3) calls on Mr Marais and the DA to stop hiding behind apartheid laws and to step into the new South Africa by overriding racist views and making it possible for the national soccer team to play at Newlands.

[Interjections.] [Applause.]

Mr F BEUKMAN: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the New NP:

That the House -

(1) acknowledges our Constitution as our highest law, in which freedom of expression and political rights are entrenched;

(2) notes the unacceptable and shocking situations in which sections 16 and 19 of our Constitution were violated, in that - (a) a journalist was refused access to a HNP annual congress because he was not white;

   (b)  two reporters from the SABC offices were assaulted in Thabazimbi
       and had their camera seized yesterday when they tried to film a
       protest march at a farmers' rally; and


   (c)  a group of ANC supporters attempted to disrupt a political
       meeting in which Mr Tony Leon, the leader of the DA, was
       addressing a crowd in Crossroads; and

(3) calls on all political parties to respect and uphold the Bill of Rights, which forms the foundation of our democracy, and to encourage their respective supporters to exercise tolerance and to adhere to the rule of law.

Mr B H HOLOMISA: Madam Speaker, I hereby give notice that on the next sitting day of the House I will move on behalf of the UDM:

That the House - (1) notes that a free and responsible media is a cornerstone of a healthy democracy and, as such, the institution enjoys the protection of our Constitution;

(2) realises that the Government and public representatives are open to public scrutiny and that they are responsible to the electorate, and therefore calls on the media to stay diligent in investigating and reporting on matters of importance and public concern even in the face of hostile comments and traps and, in that way, to contribute towards a mature and responsible government;

(3) notes with trepidation the repeated attempts by public officials to cover up the revelations of corruption linked to the controversial arms deal;

(4) acknowledges that it is a matter of grave concern that much emphasis has been put on the nature of the gift to the hon Mr Yengeni, rather than the attempts of a cover-up, which the media has commendably exposed …

The SPEAKER: Hon member, will you please take your seat. That motion is out of order, as I indicated at the beginning. [Applause.]

Mr B H HOLOMISA: On a point of order, Madam Speaker, here I did not say anything which is against what you ruled out. All that I am saying is that …

The SPEAKER: Hon member, I said there should be no reference. But, you were already over your 60 seconds. Would you please …

Mr B H HOLOMISA: You should have said so rather than confusing the House.

The SPEAKER: Will you let me finish? Will you take your seat?

Mr B H HOLOMISA: All right, I have finished.

The SPEAKER: You will submit that notice and I will look at it. [Interjections.]

Mr M T GONIWE: Madam Speaker, I hereby 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 three agencies investigating allegations of corruption in the arms-procurement deal met yesterday;

(2) also notes that these agencies have agreed to hold certain aspects of their investigations in public;

(3) welcomes the commitment by the Public Protector, the National Director of Public Prosecutions and the Auditor-General to transparent investigations;

(4) calls on them to work with a sense of urgency to ensure a speedy yet comprehensive resolution of the investigation in order to bring an end to the current trial-by-media; and

(5) also calls on all individuals and institutions who might have information that may assist the investigation to forward it to the investigating agencies.

[Applause.]

Dr M S MOGOBA: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the PAC:

That the House -

(1) notes that celebrations were held in many places in South Africa and overseas in places such as Jakarta, Indonesia to mark 21 March, Sharpeville Day;

(2) regrets that some people commemorate this day without reference to the historic and tragic event in Sharpeville, in an attempt to erase this event from our national memory;

(3) further regrets that this day is still commemorated separately in a manner that is divisive of the Sharpeville/Langa people and of the nation as a whole; (4) calls on this Parliament to restore Sharpeville/Langa to 21 March in line with the United Nations and the whole world, and is commemorated this day together as a nation; and

(5) further calls on the President to ensure that the dedication of the Sharpeville monument is a national, and not a party event, and should be commemorated with appropriate dignity in such a way that it is indelibly imprinted in our hearts as a symbol of reconciliation, human rights and national unity.

Mr G E BALOI: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the UCDP:

That the House notes -

(1) with acclamation that the Minister of Transport, the honourable Dullah Omar, will release plans today for the sale of public shares in the Airports Company South Africa (ACSA), which is the majority state-owned operator of the country’s biggest airports;

(2) that the Minister will release details of the sale of shares to the public at a press briefing in Cape Town this afternoon;

(3) that Italy’s Airporti Di Roma, which manages Rome’s airport, bought a 20% share in the firm for R819 million in March 1998, and also has an option to buy another 10% at the same price, and that the sale valued ACSA at R4,1 billion; and

(4) that the Minister of Finance in his Budget Review last month said that 10% of the firm was set aside for black shareholders who had paid R173 millionÿ.ÿ.ÿ.

[Time expired.]

Mr S B NTULI: Madam Speaker, I hereby 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 racial attack on a journalist by people attending a conference organised by the Herstigte Nasionale Party in Akasia, Tswane;

(2) condemns the brutal and racist behaviour of the supporters of the Herstigte Nasionale Party;

(3) calls on the residents of Akasia to distance themselves from this barbaric behaviour; and

(4) urges them to work for a truly nonracial, nonsexist and democratic South Africa.

[Applause.]

Mrs G M BORMAN: Madam Speaker, 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 gathering of 50 000 Christians at Newlands on Human Rights
       Day for the purpose of praying for the leaders of South Africa,
       the unity of the city of Cape Town, and an end to crime,
       violence, poverty, bombings, gangsterism and drug trafficking;
       and


   (b)  the fundamental right of all people in South Africa to exercise
       freedom of association according to the Constitution;

(2) strongly condemns the attack by the Minister of Education, Kader Asmal, on the gathering, and, in particular, his unjustified categorisation of the event as sectarian and divisive;

(3) warns the Government that it should refrain from interfering in the religious freedom of South Africans; and

(4) calls on the Minister to make a public apology to the Christian community for his injudicious attack.

[Applause.]

Mrs L R MBUYAZI: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

That the House -

(1) empathises with the family of Ms Ngwahlandei Lungwani, who was killed by an elephant while walking in the fields of Matiane village near the Kruger National Park; and

(2) requests all bodies charged with the responsibility of putting back the fence of the Kruger National Park, after the floods that swept it away, to do so at their earliest convenience to prevent further loss of life.

Ms D M MOROBI: Madam Speaker, I hereby 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) a four-year-old boy, Lebo Ramushu, who was kidnapped from his home, has been found alive; and

   (b)  the district surgeon has since diagnosed that the boy has been
       molested;

(2) congratulates members of the community for ensuring the safe return of this boy to his parents; and

(3) calls on the police to bring the perpetrators of this horrendous act to book without delay.

[Applause.]

Adv A H GAUM: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the New NP:

That the House -

(1) notes that -

   (a)  the flouting of the law by the former ANC-led Cape Town City
       Council and the Western Province Football Union by failing to
       follow the necessary legal procedures regarding applications for
       alternative events to rugby at Newlands Stadium, has damaged the
       reputation of sport as a cornerstone of nation-building in South
       Africa; and


   (b)  the DA-led council has requested the Western Province Football
       Union to apply for the necessary rezoning in order to make it
       possible for other events to take place at Newlands; and

(2) resolves that this is not a racial or political issue, and that SAFA must show its continued commitment to sport in South Africa by refraining from making hasty decisions regarding the City of Cape Town as a venue for important soccer matches.

[Interjections.]

          CONGRATULATIONS TO BAFANA BAFANA AND THE PROTEAS

                         (Draft Resolution)

Mnr C H F GREYLING: Mev die Speaker, ek stel sonder kennisgewing voor:

Dat die Huis -

(1) kennis neem van die uitstekende prestasies van twee van ons nasionale spanne wat hul opposisie in die stof laat byt het, naamlik -

   (a)  die Bafana Bafana-sokkerspan wat hul kwalifiserende wedstryd in
       die Afrika-beker-toernooi met 3-0 gewen het; en


   (b)  die Protea-krieketspan wat hul wedstryd in die vyfdag-toetsreeks
       teen Wes-Indië gewen het;

(2) ons sportspanne gelukwens met hul uitmuntende prestasie; en

 3) kennis neem van Suid-Afrika se bod om die Wêreldbeker vir Sokker in
    2010 in Suid-Afrika aan te bied en sy volle steun aan hierdie poging
    gee. (Translation of Afrikaans draft resolution follows.)

[Mr C H F GREYLING: Madam Speaker, I move without notice:

That the House -

(1) notes the excellent achievements of two of our national teams that caused their opponents to bite the dust, namely -

   (a)  the Bafana Bafana soccer team which won the qualifying match in
       their Africa Cup Tournament by 3-0; and


   (b)  the Protea cricket team which won their match in the five-day
       test series against the West Indies;

(2) congratulates our sports teams on their excellent achievements; and

(3) notes South Africa’s bid to host the Soccer World Cup in 2010 in South Africa and gives its full support to this endeavour.]

Agreed to.

            DEFERRAL OF QUESTIONS TO THE DEPUTY PRESIDENT

                         (Draft Resolution)

Mr G Q M DOIDGE: Madam Speaker, I move the draft resolution printed on the Order Paper in the name of the Chief Whip of the Majority Party as follows:

That, notwithstanding the provisions of the interim questions procedure, questions to the Deputy President that have been set down for oral reply on 28 March 2001 be deferred until and given precedence on Thursday, 29 March 200l.

Agreed to.

RECOMMITMENT OF REPORT OF AD HOC COMMITTEE ON FILLING OF VACANCIES ON
                   COMMISSION FOR GENDER EQUALITY

                         (Draft Resolution)

Mr G Q M DOIDGE: Madam Speaker, I move the draft resolution printed on the Order Paper in the name of the Chief Whip of the Majority Party as follows:

That, notwithstanding Rule 214(6), the House recommits the Report of the Ad hoc Committee on Filling of Vacancies on Commission for Gender Equality (Announcements, Tablings and Committee Reports, p 218) to the Ad hoc Committee for further consideration and report, the Committee to report by tomorrow.

Agreed to.

CONSIDERATION OF REPORT OF AD HOC COMMITTEE ON FILLING OF VACANCIES ON COMMISSION FOR GENDER EQUALITY

The SPEAKER: Order! This Order falls away in view of the decision of the House to refer the report back to the Ad hoc Committee on Filling of Vacancies on Commission for Gender Equality.

MISMANAGEMENT OF COMMUTER RAIL SERVICES AND INCIDENTS AT PRETORIA AND PARK STATIONS IN GAUTENG

                      (Subject for Discussion)

Mr S B FARROW: Madam Speaker, let me first say how grateful I am that this important debate has been allowed to take placed. It is important for a number of reasons. Over the past six weeks we have witnessed the loss of human life and valuable state assets at various metrorail locations.

The portfolio committee recently visited Pretoria station and a number of main-link stations, to see for ourselves. We talked to as many of the commuters who rely on rail transport to get to and from their homes and places of work as possible. During the visit, one could sense in these commuters a feeling of frustration which was building up around delays, access to platforms and a general fear of violence and disruption associated with train hooliganism.

This is not only a phenomenon peculiar to South Africa, but is something that has occurred in a number of other countries. We may well be able to learn from some of those experiences. It was evident that many of these frustrations were caused by a series of breakdowns in communication between Metrorail on the one hand and commuters on the other. But with due respect to Metrorail, many of their efforts have been affected by circumstances beyond their control.

Let me highlight some of these problems. Firstly, insufficient funding has resulted in more of the frequently used stations not having proper facilities to manage large numbers of commuters at peak hours. Secondly, they are unable to provide adequate security to commuters who choose rail as a mode of transport. In this regard, many carriages have been sealed off between the footplates to avoid access by would-be ticket evaders to the coaches. Many of these ticket evaders are the very persons responsible for criminal activities on the trains. Therefore, circumstances make it difficult to manage without incurring excessive costs in respect of walling, fencing and so on.

Coupled with these aspects is the continuing vandalism of train windows, doors and fittings, including the very large speakers which could be used as an effective means of communication on the platforms and inside the coaches, to advise passengers of delays and problems that might be encountered during the day. Overhead connections and coach cabling have been the cause of stoppages and delays in many instances, disrupting the service and, needless to say, incurring unnecessary costs.

These problems have contributed to 17% of Metrorail’s train delays and 43% of their train cancellations. When one takes into account that these coaches have to be brought in for regular inspection and repair, then the average fleet availability is reduced to 70% - that is 1 300 coaches are out of service at any one time.

Metrorail carries 491 million commuters per annum, and this represents 19% of all public transporters. Recent figures indicate that if the road infrastructure maintenance backlog is met, it will cost some R65 billion, whereas for the rail infrastructure and assets to be upgraded to an acceptable standard, would cost only R22 million. Certainly, a matter that should be considered if the Minister is serious about levelling the playing field.

At the present level of funding of approximately R350 million per annum, the SA Rail Commuter Corporation Ltd has indicated that it will take 15 years, on a declining basis, for the Metrorail assets to be depleted to the point of no return. Unless the rolling stock is upgraded or replaced, their signalling improved to keep up with modern-day standards and their stations reconstructed to accommodate increased commuter flows, the safety of passengers will be at greater risk than is at present the case.

I am aware of the Minister’s plan to introduce a policy and legislative framework for the establishment of a rail safety regulator which will guide and regulate our railways. Hopefully, the process will also help in the restructuring of both the SARCC and Spoornet. However, right now our rail passengers and the operator, Metrorail, are faced with enormous challenges as more and more frustrated commuters have to deal with violence, destruction and delays on their only means of transport.

What can be done? The DA believes, firstly, that the SARCC must be put in a position to raise funds through the private sector in order to put their assets into an acceptable and workable state. If we are serious about looking at rail as a major affordable public commuter service in our cities and reducing the high road traffic congestion, then the Minister must reconsider the postponement of concessioning as an option.

There are many ways to improve the efficiency of rail and the private sector can play a major role in this regard. The interest saved as a result of the Department of Finance taking over the loan obligations of R2,2 billion from the SARCC can go a long way in strengthening the run-down rail infrastructure that we have. But, much more is needed to ensure that our rail services meet international safety standards and the increasing demand for rail travel.

I am sure that what I am saying will not gain the support of the chairperson of the portfolio committee, the hon Jeremy Cronin. However, unless the private sector can get involved in concessible or permissioned rail networks in our country, in order to inject much-needed capital which the state obviously cannot provide, then we can wave our urban railway networks goodbye.

Prolonged lack of maintenance will continue to be the cause of commuter frustration. Accidents will continue to be a regular occurrence and those areas which are unserviced by rail will continue to be undeveloped. Concessioning routes to the private sector is becoming less and less attractive to investors as the fleet becomes older and older and the infrastructure less manageable under the present state funding arrangements.

Secondly, the Minister must immediately make additional funds available to improve the security of commuters and their assets alike at all main stations in conjunction with the SA Police Service, even if this means the reintroduction of railway police with special powers of arrest. Thirdly, a massive education and communication drive must be instituted to inform all rail commuters of the problems faced by Metrorail.

Clearly, it is a small minority of our community who are bent on violence and destruction. This can no longer be condoned or accepted in our democracy. Once again, we call on these commuters to become the eyes and ears of our nation in combating this growing scourge. Rail commuters, through their commuter forums, must start taking ownership of and protect their assets. Dignity in using this system will result in respect for the system. I am saying to the Minister that they should become part of rescheduling peak hour traffic and off peak usage, even if this means that we might have to consider free travel for those people outside peak hours. Fourthly, serious account must be taken of the investigation conducted by Prof Le Roux, which revealed vital information in respect of a number of fatal accidents and the unsafe conditions of Metrorail train controllers and systems. Driving trains is a stressful and risky business on our railways with high rates of railway line suicides. The recent shocking revelation that five to 20 people per week take their lives by standing in front of trains thus causing derailments and loss of life needs serious investigation and action. In addition to this, many drivers are exposed to unsatisfactory working conditions. This, too, needs the Minister’s urgent attention. [Applause.]

Mr J P CRONIN: Madam Speaker, Minister of Transport and colleagues, in the early 1980s, about 20 years ago, PW Botha - then president of our then unfortunate country - took a helicopter ride from Cape Town and flew out over the Cape Peninsula and the Cape Flats. Apparently, after some 20 minutes of being up in the helicopter, he lifted his notorious index finger and pointed downwards to a bare stretch of barren land some 30 km or more outside Cape Town city centre. So it was that Khayelitsha was conceived from on high. It is now the home of about 350 000 Capetonians. The idea, of course, was to locate the growing African population far away from white suburbs and white amenities - including Newslands Rugby Stadium

  • but close enough to ensure that there was a cheap supply of gardeners, domestic workers, labourers and a poor but large clientele for the retail sector. Thus, today, here in Cape Town, those members’ own unicity municipality is confronting a situation in which we spend more in Cape Town as Government. [Interjections.] We spend R470 million on subsidies for transport - bus and train subsidies - which is more than twice what we spend on housing subsidies as a result of this dispersal of our city. One can find the same pattern throughout every city and town in South Africa. Not only do we have PW Botha, his party and those that are now sucking up to them to thank for this physical location of Khayelitsha, but it was the very same individual, PW Botha and his party, who presided over the major diversion of funds from infrastructure into the increasing militarisation of our society and away from domestic infrastructure into the destabilisation of Southern Africa. [Interjections.]

Since the late 1970s, there has been no serious investment in rail infrastructure or rolling stock in South Africa. [Interjections.] I do agree that there has been massive mismanagement of railways in South Africa. These are problems that are symptoms of a deep underlying problem. The ANC Government has battled to reverse this particular investment decline. Last year, we passed legislation in this House which enabled the Treasury to take over the SA Rail Commuter Corporation’s debt of some R2,3 billion, which releases R300 million a year on debt repayment.

President Mbeki’s state of the nation opening of Parliament address this year envisaged a major and enhanced focus on infrastructural spending, urban renewal - including Khayelitsha - integrated rural development and the lowering of import costs throughout the economy. We believe that these perspectives begin to set the scene for an important focus on, amongst other things, rail commuter transport.

We need to encourage this development. But, of course, there are also immediate things that can be done. I agree with the hon Farrow as regards some of the issues that he has raised. When, as a portfolio committee, we went out to Mabopane and travelled in third class carriages with ordinary commuters towards Pretoria, we spoke to them. They all told us how much they relied on the train. It cost them R4,50 to travel from Mabopane to Pretoria compared to the R7 that they pay on the minibusses.

However, many of them expressed grave frustrations with delays and service disruptions. They were especially exasperated by the failure - frequently, but not always - on the part of the operators to communicate effectively with them about the cause of these disruptions.

The torching of Pretoria station was absolutely unacceptable. In fact, it was a mindless act. But it occurred, we should note nonetheless, after the build-up of some 7 000 commuters on platforms over a period of nearly an hour. The delay of the trains was caused by the breakdown of a fibre optical cable. Was this communicated, we asked, to the passengers who were building up on the platforms? Well no, we were told by the managers.

The problem was that the fibre optical cable also services the intercom on the platform. And so, we said, surely there was some attempt to walk amongst passengers to explain to them, by word of mouth if not by other means, the problems. It seems that this did not happen. So there are problems of this kind which need to be addressed and addressed immediately. I agree with the hon Farrow that better communication is one of the most important immediate priorities from the side of the rail operators.

Two weeks ago the portfolio committees on public enterprises and transport met with the senior management of Metrorail, Transnet and Spoornet. I believe that most of us were quite impressed with the calibre and strategic seriousness with which the senior cadre of key public sector enterprises are approaching their work. However, if one listened carefully to what they were saying, I think that it was evident that sometimes the mandate under which they are operating is not that clear. I do not blame them for this. I think that constant media pressure and diverse political and economic pressures are responsible.

For instance, we are often asking these sector managers to make their enterprises more profitable. As a means, perhaps, of ensuring greater efficiency, compelling greater financial transparency, removing hidden or sometimes wasteful practices, this kind of injunction to be profitable might have its place. But public enterprises are not private enterprises. Their great value is precisely that they are able to go where the market dare not go or where the market fails.

We need to be careful not to mindlessly apply private-sector performance targets that are entirely unsuitable for the kind of social and economic service that we expect from public enterprises. Making Transnet, Spoornet or Metrorail profitable can easily lead to the fragmentation of services and the shutting down of branch lines or critical social services, to the overall detriment of the private sector economy itself, which depends on workers getting to work or moving around the country effectively.

The Department of Transport thinks that something like 35% of South Africans are stranded as they simply have no access whatsoever to any kind of transport. Those of us who use cars are lucky to have access to some form of transport. Some 20% of us rely on trains. We need, I think, to understand that it is important to increase the number of people who are commuting by rail. We have to hold onto those figures that we already have. We need to make their trips safer, better and a more efficient experience. But we also need to expand the number of people using rail.

Rail is environmentally much better and more friendly than any other mode of transport. It is much more economical, especially in a country that has to import oil using dollars in a situation where the rand, in any medium perspective, is not likely to increase its value against the dollar. Enhancing rail travel is also the answer to city freeways that are increasingly clogged up and gridlocked. When it works as it should, rail travel is the safest, most reliable mode of mass transport.

However, to move towards the rail commuter system that our country deserves and desperately needs requires serious funding commitments. Even in the most developed countries there is a recognition that sustained public subsidies for commuter rail are essential for the overall productivity and competitiveness of the economy. Our own Government’s recent commitments to major infrastructural development, attention to the microeconomy and to reducing input costs throughout the economy are important, if still general, steps in the right direction.

Hopefully this debate will contribute to focusing much better public attention and public commitment throughout South Africa on having an effective public sector commuter rail system. We need to get commuter rail back on track. [Applause.]

Mr J H SLABBERT: Madam Speaker, although the issue under discussion has been building up for a while, the IFP wishes to make its position very clear: The IFP condemns the Pretoria and Park or Johannesburg station vandalism in the strongest possible terms. The perpetrators lacked patriotism and respect for law and property. They should be apprehended and punished severely.

In the same breath the IFP wishes to say that there must be something terribly wrong in the state of Denmark which has caused these criminal acts. Therefore, a thorough investigation is needed. Those in management should also not be spared: their actions should be carefully scrutinised. The new South Africa cannot tolerate management that lacks sensitivity to the needs and problems of the people.

There are two problems. Firstly, human unwillingness to deal with the sudden crowds waiting to catch the last train. We continue to want to control instead of engaging. It is a shame that we still do not see the positive results of negotiations. [Interjections.]

An HON MEMBER: Madam Speaker, is the hon member prepared to take a question?

Mr J H SLABBERT: Madam Speaker, I only take questions from normal people. [Interjections.]

At Park Station the steps leading to the platform were totally inadequate for the volume of traffic. Yet it was said that Park Station was a model station. Metrorail even suggested that they have been giving attention to the smooth flow of people. It is clear to us that consumers’ needs were not being met. Bureaucracy, operating at a level removed from the lives of the daily commuters, prevented the right step being implemented timeously.

So what have we learned from this very unfortunate issue. Firstly, that public transport is not sensitive enough to the needs of commuters. Public transport has not been transformed to the level where it ought to be. Secondly, a commission of inquiry should hear the inputs and direct participation of commuters through their representatives. Planning for commuters without their direct involvement is not the South African way and is definitely not in the spirit of the African Renaissance.

The IFP supports the proposal that we do things in the spirit of the new South Africa: transparency, accountability and involvement must prevail. That is the way forward.

The DEPUTY SPEAKER: Order! Hon members, your voices are too loud. Please, hon members, the member is trying to address us. Please continue, hon member.

Mr J H SLABBERT: Madam Speaker, I want the House to take what I am going to say now as very constructive criticism. National public transport in South Africa has too many masters. There are too many bulls in one ring. It may be that a single line of authority needs to be established to achieve a sharp focus on all relative matters concerning national transport. National public transport, as such, needs to be placed under the authority of only one Minister. All national transport problems of whatever nature need to receive undivided attention. That is why a single line of authority is so necessary. Dr W A ODENDAAL: Madam Speaker, the Mbeki Government is riddled with corruption and rotten with fraud. One only needs to read the weekend newspapers to come to this conclusion. The latest statistic leads to the logical deduction that transformation simply means nepotism and cronyism, resulting in plush jobs for the fortunate elite in the circle of the ANC only. The Minister of Transport is leading the way in these unacceptable labour practices. The point is: To what extent does this kind of nepotism and corruption occur within the transport system, including Metrorail? We in the DA plan to find that out and root it out. I think that the DA must, from now on, also withdraw its support for black economic empowerment.

Also as far as commuter rail services are concerned, I am informed that not a single tender in the passenger bus industry is awarded on merit any longer. Tenders are now to be negotiated. Can you believe it? It must include some or other version of black economic empowerment which will enrich some or other member of the elite in the circle of the ANC. The tragedy is that the poor always get neglected, and the question is whether the same thing happens to tenders awarded within Metrorail. The DA intends to find that out and to root it out. Die ANC regering het sedert 1994 die spoorstelsel van Suid-Afrika sodanig verwaarloos dat ‘n agterstand van R25 miljard reeds opgebou is in die instandhouding van die bestaande infrastruktuur van die spoorstelsel alleen. Wat nog gepraat van nuwe ontwikkeling. Binne 15 jaar is alles vernietig as iets nie dringend daaraan gedoen word nie.

Waar is al die geld heen? Dit is gebruik om die elite binnekring van die ANC verder op die soustrein te laat ry, en vir die President van Suid- Afrika ‘n nuwe straler te koop wat strate beter, luukser en groter is as enige-iets anders waarmee ander Afrikahoofde ooit sal kan spog.[Tussenwerpsels.]

Waarom is daar skandalig min geld aan die instandhouding van die spoorstelsel te bestee? Die voorstedelike treinstelsel is reeds so vervalle dat geen treindrywer vandag meer seker is dat sy mankoliekige trein betyds sal kan vertrek nie. [Tussenwerpsels.] Dit maak dat mense gereeld laat kom, en dat hulle hul werk verloor. Metrorail kan nie meer ‘n betroubare diens aan sy passasiers lewer nie.

Vandalisme vier ook hoogty. Selfs die luidsprekerstelsels op die stasies word afgesteel sodat spoorgebruikers maar moet raai waarom hulle treine laat is, en indien wel, wanneer hulle sal vertrek. Geen wonder hulle raak gefrustreerd nie. Die vraag is ook of Suid-Afrika se spoorgebruikers nie iets vir die Mbeki regering wil sê nie. Is die afbrand van die Pretoriase stasie die skrif aan die muur vir die ANC? Verstaan hulle wat daar geskryf staan?

Die DA sal, wanneer ons aan bewind kom, onmiddellik die nodige rekapitalisasieprogram in werking stel om die ganse vervoerstelsel in Suid- Afrika weer vlot op dreef te kry, insluitende die voorstedelike treindienste, sodat ons ekonomie ongehinderd kan groei, sodat mense weer werk kan kry en sodat hulle weer betyds by hulle werk kan kom. Ons sal dadelik ‘n spoorwegpolisiestelsel in werking stel om vandalisme uit te roei sodat pendelaars weer veilig kan treinry, en sodat daar effektief met hulle gekommunikeer kan word.

Die DA kan ‘n bloeiende ekonomie met ‘n goeie vervoerstel aan Suid-Afrika lewer. Ons is Afrodemokrate wat glo aan ‘n markekonomie wat deur ongehinderde privaatinisiatief en entrepreneurskap aangedryf word. Die siel van ons ekonomiese beleid is Ubuntu: barmhartigheid en deernis vir mense wat swaarkry: die armes, die siekes, die oues en die werkloses … [Tussenwerpsels.] (Translation of Afrikaans paragraphs follows.)

[Since 1994 the ANC Government has neglected the railway system of South Africa to such an extent that a backlog of R25 billion has already developed in the maintenance of the existing infrastructure of the railway system alone. We have not even mentioned new development. Within 15 years everything will have been destroyed if something is not done about this urgently.

Where did all the money go? It was used to allow the elite inner circle of the ANC to ride the gravy train further, and to purchase a new jet for the President of South Africa which is streets ahead of, more luxurious and larger than anything other African heads of state will ever be able to boast of. [Interjections.]

Why is there disgracefully little money to spend on the maintenance of the railway system? The suburban railway system is already in such a state of disrepair that no train driver today is certain that his rickety train will be able to depart on time. [Interjections.] This results in people being late for work on a regular basis and they then lose their jobs. Metrorail cannot deliver a reliable service to its passengers any longer.

Vandalism is also reigning supreme. Even the loudspeakers at the stations are being stolen so that commuters have to guess why their trains are late and if so, when they will depart. No wonder they are becoming frustrated. The question is also whether South African railway commuters do not want to say something to the Mbeki government. Is the burning down of the Pretoria station the writing on the wall for the ANC? Do they understand what is written there?

When we come into office, the DA will immediately put the necessary recapitalisation programme into operation to get the entire transport system in South Africa running smoothly again, including the suburban train services, so that our economy can grow unhindered, so that people can once again find work and so that they can get to work on time. We will immediately put a railway policing system into operation to combat vandalism so that commuters can once again travel by train safely and so that we can communicate with them effectively. The DA can deliver a thriving economy with a good transport system to South Africa. We are Afro-democrats who believe in a market economy driven by unhindered private initiative and entrepreneurship. The soul of our economic policy is Ubuntu: charity and compassion for people who are struggling: the poor, the ill, the elderly and the unemployed … [Interjections.]]

… not only the inner circle of the ANC, but for all the people. [Interjections.]

Ons glo dat ‘n goeie vervoerstelsel ‘n voorwaarde is vir ‘n gesonde ekonomie. [Tussenwerpsels.] Een van die redes waarom Suid-Afrika se ekonomie lyk soos dit lyk is dat die ANC gemors het met die vervoerstelsel van Suid-Afrika. [Tussenwerpsels.] Hulle het die geld gemors op die rykes wat vandag binne die ANC se binnekring sit. [Tussenwerpsels.] Dít is waar daardie geld heengegaan het … [Tussenwerpsels.] … plaas dat dit gespandeer is om die vervoerstelsel te verbeter, en om Suid-Afrika se ekonomie te dien. [Tussenwerpsels.]

‘n Gesonde vervoerstelsel is die olie wat die ratte van die ekonomie glad laat loop. Dit is die staat se verantwoordelikheid om die infrastruktuur vir ‘n vervoerstelsel te voorsien en in stand te hou. [Tussenwerpsels.] Die treinpendelaars wil aan die Minister van Vervoer iets sê. Hy luister kamma, maar hy hoor nie wat hulle sê nie. [Tussenwerpsels.] [Applous.] (Translation of Afrikaans paragraphs follows.)

[We believe that a good transport system is a prerequisite for a sound economy. [Interjections.] One of the reasons why South Africa’s economy is looking the way it is, is that the ANC Government tampered with the transport system of South Africa. [Interjections.] They wasted the money on the rich who are today sitting within the inner circles of the ANC. [Interjections.] That is where the money went … [Interjections] … instead of its being spent on improving the transport system and on serving the South African economy.

A sound transport system is the oil which allows the gears of the economy to run smoothly. It is the responsibility of the state to provide the infrastructure for a transport system and to maintain it. [Interjections.] The train commuters want to tell the Minister of Transport something. He is ostensibly listening, but he does not really hear what they are saying. [Interjections.] [Applause.]]

Mr S ABRAM: Madam Speaker, in the absence of the hon Tommy Abrahams, I shall have to deliver his speech.

There are simply too many authorities involved in administering commuter rail services - too many important people who are preoccupied with analysing, planning, calculating and estimating. These important people seem to have been selected to calculate the age of rolling stock and to estimate the billions of rands that have to be budgeted to prevent the imminent and total collapse of the rail commuter business.

Service to the commuter is left to the lesser folk to contend with. It is not, after all, a priority for the important people to concern themselves with addressing problems and affecting improvements that do not require huge infusions of cash. The frustration of the commuter is not important. Show me the executive who even listens to the frequent appeals of train drivers for fences around stations and along lines to be fixed. In the career of a train driver, on average the driver will see more than 30 people die under his or her train’s wheels. However, this is not a big ticket item and, therefore, not considered urgent. Neither is the frustration of the driver or the commuter taken into account.

On a study tour two weeks ago, the kind of service that was on offer was seen. People streamed onto dirty station platforms, which were devoid of any train timetables. They entered a train to wait like animals to be carted off. There was no communication over the sound system to inform the commuters of a delay in departure. They simply had to sit and wait. Commuters spoken to were puzzled about this issue of announcements. They did not know about sound systems at the railway station. No important official seemed to care about the existing communication system that is deficient. Too inexpensive a problem to solve. After all, the commuters need rail more than rail needs the commuters.

Frequent delays in train departures cost commuters their jobs. The lack of security on trains raises unnecessary anxieties and fears. Our very important executives prefer to pay R40 000 to replace the stolen aluminium doors on one passenger coach than to pay squads of security people to focus on catching hoodlums who destroy trains and make travelling unsafe and unpleasant for commuters. The Minister of Transport and the Cabinet are aware of the fact that millions of rands are urgently needed to make up for the decades of neglect of our precious rail commuter services. They will have to answer if they ignore this need.

It is time for the army of executives of the various rail authorities to move their focus to the smaller, equally important and less expensive improvements in services that can be brought about. Otherwise, they will continue to risk the ire of commuters. Anxiety and frustration caused the destruction of Pretoria station. Poor administration and bad planning, together with frustration, resulted in all the other recent rail incidents. It is time to knuckle down and change attitudes. [Applause.]

Mrs B TINTO: Madam Speaker, one of the most serious challenges confronting us on passenger trains is the problem of crime and vandalism. Rail, in theory, is the safest and cheapest mode of transport.

If we are going to save money, reduce huge numbers of cars on our roads and provide decent transport to millions of rail commuters, then we need to make sure that train commuting is safe and secure. At present it is not the case. Serious violence, armed robbery and rape of commuters happen in the trains, sometimes in full view of other commuters. Some of these problems, while being widespread, happen here in the Cape Metrorail system. Gangs make their way through carriages and steal from passengers, especially jewellery from the ladies. To counter this problem, the SA Rail Commuter Corporation has begun to introduce windows that cannot be opened. This can have other disadvantages.

A second category of criminal activity relates to the theft of material from trains. Aluminium from carriage windows and sliding doors is removed, sometimes whilst the train is in motion. Cable theft is also taking place every day and this delays trains and impacts on the safety of the system. Another problem is sheer vandalism - tearing up of seats, defacing station walls and even arson, like the recent burning of two carriages on the East Rand, not to mention the burning down of Pretoria station.

There is also widespread fare evasion on the Metrorail and main line passenger service. One common method of fare evasion is to wait on the bridges until the last minute before a train departs, and suddenly rush onto the platform, creating confusion. Some commuters are crushed by trains while running on the tracks because they have no ticket for the train.

Okwenzeke ePitoli ngowe-19 kuFebruwari akwamkeleki konke, konke. Nokuba umntu sele enomsindo, engakwazi ukuzibamba, ayikho into ethi makawukhuphele ekutshiseni amaziko kaRhulumente umsindo atshise isitishi sikaloliwe ngenxa yokuba uloliwe elibazisekile.

Xa kukho isiphene ekusebenzeni kwezibane zokulawulwa, oololiwe bayalibaziseka, beme esithubeni, ngelinye ixesha abantu bengazi ukuba kwenzeka ntoni na. Xa inokungasiwa so loo nto iya kudala umonakalo omkhulu. Kukudelela uRhulumente nokungahloniphi okukhulu okubangela ukuba abantu batshise izinto zakhe.

Saya kuzibonela okwenzeke ePitoli sikunye noMnu. Dullah Omar, uMphathiswa wezoThutho, neKomiti. Akwamkeleki nokuba sele kukho ingcaciso, okokuba kusetyenziswe izigidi ezingama-R30 ngenxa yabantu abanomsindo.

Enye into enokuba lilinge ekuzameni ukusombulula le ngxaki ngamapolisa. (Translation of isiXhosa paragraphs follows.)

[What happened in Pretoria on 19 February is not acceptable at all. No matter how angry one is, nothing should drive one to vent one’s anger by setting fire to Government property and burning down a station because a train has been delayed.

When there is a signal failure, trains are delayed, or they stop on the way, and sometimes people will not even know what is happening. If this problem is not addressed, more damage will be caused. It is sheer disrespect for the Government that causes people to set fire to its property.

Mr Dullah Omar, the Minister of Transport, the Committee and I went to see the damage. It is totally unacceptable, even though there might be an explanation, that a sum of R30 million will have to be spent because of angry people.

Another thing that could help to solve this problem is the police.]

As part of the transformation of the Police Service in our country, the old railway police service has been disbanded. There are probably good reasons for this, but it has left a gap. In some cases, such as here in Cape Town, a special unit of the SAPS was deployed to the Metrorail network. The deployment of 1 600 police had a very positive impact on the safety of passengers, bringing down the level of crime significantly. However, as one of its first decisions, the new DA-controlled municipality has announced its intention to withdraw 1 300 of these officers.

This is a disastrous decision. There have been complaints from the public and from the police themselves, and even the DA’s own provincial MEC for Safety, Hennie Bester, appears to have been caught off-guard. If we are to talk about the mismanagement of rail services, then that is surely a glaring example. The ANC calls for the immediate reversal of this decision by the DA-controlled municipality.

This is not to say that there have not been many serious problems with security on trains, even when the police are present. We will never be able to secure each and every compartment, but there should at least be visible policing on our trains.

There is no lasting solution to the problem, but the community, as well, needs to assist. There are commuter forums which the community can also use when there are problems with trains. There are rail commuter forums, such as those in the Western Cape. There are coaches in which the gospel is preached. Those are coaches the gangs do not board, because the people look after themselves. This is what we need in order to assist the Government, and we should not expect the Government to do everything for us.

Rev K R J MESHOE: Madam Speaker, the ACDP does not condone the recent actions by commuters at Pretoria and Park Stations, and believes that those responsible should take full responsibility for their actions. The punishment should not be a token one, but should fit the seriousness of the crime. The question we must ask ourselves, however, is: Why are some commuters this angry?

These action sadly reflect the pent-up feelings of anxiety and frustration experienced by commuters around the country who have the daily added stress of constant delays, security guard strikes, no protection from criminal or other elements, poor infrastructure, frequent occurrences of fatal rail- related accidents, and insufficient and poorly trained rail personnel. Irresponsible security guards who lock gates 10 minutes before departures are just one example of this, and train control officers failing to comply with standard safety rules are another.

To add insult to injury, a Spoornet spokesperson stated on March 4 that the company had no plans to improve security measures at the station and that as far as they were concerned security was sufficient.

Must the people of South Africa continue to suffer and die by reason of yet another relatively controllable circumstance? Commuters are calling on Government to urgently put in place measures which will ensure passenger safety.

Some commuters are saying that trains are now as deadly as taxis. Patricia Mlaba of Central Western Jabavu said and, I quote:

We are just waiting for our day to die while commuting on trains. We survived the train violence in the 90s and now there are accidents every day.

It is time for Metrorail and Spoornet to take stock and take action, as commuters are convinced that they are not doing enough to prevent accidents and ensure their safety. It is in all our interests to address this situation, which makes South Africans and visitors alike apprehensive about commuting, to say the least. Although we are pleased that the Minister of Transport, Minister Dullah Omar, has promised action to ensure that conditions at stations improve, South Africans are eagerly awaiting evidence of these improvements. [Applause.]

Dr P W A MULDER: Mevrou die Speaker, as ‘n mens met enige van die treinpendelaars gesels oor wat so ‘n persoon elke dag deurmaak: eers van sy huis af, dan in die trein, dan in die taxi om by die werk te kom en dan weer terug, kan jy nie anders as om begrip te hê vir hulle frustrasies nie. Die vraag is egter wanneer is die frustrasies hoog genoeg dat ‘n mens ‘n gebou mag afbrand. Die antwoord: nooit nie. In ‘n beskaafde, demokratiese land is die antwoord dat ‘n mens nooit geregverdig is om dit te doen nie. Die volgende vraag is: is die probleem nou opgelos as ons enkele individue aankla, en hulle skuldig bevind dat hulle die brand gestig het by die Pretoriase stasie? Beslis nie. Die gedrag van die skare tydens die brandstigting, en daarna, moet ook nog verklaar word om te weet wat presies daar gebeur het.

Die skare het die brandstigting luidkeels goedgekeur, en telkens gejuig as byvoorbeeld ‘n deel van die dak ingeval het. Die vraag wat ek myself afvra is hoekom het die skare dit gedoen? Ek het net een verklaring daarvoor, en dit is, as ‘n mens ‘n studie maak van revolusies, sal jy sien dat tydens die revolusie die massas opgesweep word teen die vyand, of teen ‘n skynvyand. Na die revolusie voltooi is, is die groot probleem van die revolusionêre leiers om die massas te kry om hulle AK-47’s en hulle petrolbomme te bêre, en hulle kosblikke te neem en van nege tot vyf te gaan werk. Dit is bitter moeilik vir die leiers om daardie omskakeling te maak. Na die Franse revolusie kon die leiers nie daarin slaag nie. Die revolusie het aangegaan totdat Robespierre se kop af was. In Iran, na die Sjah onthef is, het hulle naderhand die Amerikaners gegryp om ‘n vyand te kry.

Ek wil vir die ANC en die Regering sê dat hulle ‘n groot verantwoordelikheid het om aan die massas daarbuite te sê die revolusie is verby. Die massas by die stasie het gejuig omdat hulle gedink het dat die stasie nog aan iemand anders behoort. Dit behoort nog aan die vyand daarbuite. Is die ANC ‘n normale party, of is dit steeds ‘n bevrydingsbeweging? Sy retoriek het veroorsaak dat van die individue daar waaarskynlik geglo het hulle was besig om een of ander revolusie aan te help, of een of ander skynvyand aan te val. Dit is nie meer waar nie. Suid- Afrika kan dit nie bekostig nie. Ons het nie geld om dié soort van ding toe te laat nie. (Translation of Afrikaans speech follows.)

[Dr P W A MULDER: Madam Speaker, if one talks to any train commuter about what that person has to go through every day: first from his home, then in the train, then in the taxi to reach his workplace and then back again, one cannot but have understanding for their frustrations. However, the question is when are the frustrations great enough that one may burn down a building. The answer: never. In a civilised, democratic country the answer is that one is never justified in doing that. The next question is: Has the problem now been solved if we charge individuals, and find them guilty of setting the fire at the Pretoria station? Certainly not. The behaviour of the crowd during the setting of the fire, and thereafter, must also still be explained in order to know what precisely happened there.

The crowd loudly approved the setting of the fire and cheered often, for example when a portion of the roof collapsed. The question I ask myself is, why did the crowd do that? I have only one explanation for this and that is, if one studies revolutions one will see that during the revolution the masses are incited against the enemy, or against an imagined enemy. Once the revolution has been completed the primary problem of the revolutionary leaders is to get the masses to put away their AK-47s and their petrol bombs, and to take their lunch boxes and go to work from nine to five. It is very difficult for the leaders to make that change. After the French Revolution the leaders could not succeed in this. The revolution continued until Robespierre was beheaded. In Iran, after the Shah was dethroned, they eventually looked to the Americans to find an enemy.

I want to tell the ANC and the Government that they have a great responsibility to tell the masses out there that the revolution is over. The masses at the station cheered because they thought the station still belonged to somebody else. It still belonged to the enemy out there. Is the ANC a normal party or is it still a liberation movement? Its rhetoric has resulted in some individuals probably believing that they were aiding some or other revolution, or attacking some or other imagined enemy. That is no longer true. South Africa cannot afford this. We do not have the money to allow this sort of thing.]

Mr G E BALOI: Madam Speaker, the massive signal failure throughout Pretoria and the fact that the communication system was reported out of order led to the burning of the Pretoria Station on Monday, 19 February 2001. This is uncalled for. If the communication system had been serviced regularly, the tragic incident would not have occurred.

Imagine a situation in which 120 trains run daily in and out of Tshwane at one time and then suddenly have to stop because of a signal failure. That would cause havoc, if it were to happen. However, our passengers also should be taught to have tolerance, especially when coming to their own property. Pretoria Station was built in 1901 and it is our children’s museum and green heritage.

I am pleased that the Minister of Transport, Dullah Omar, undertook a trip by train to get first-hand information and to see for himself what had happened. We in the UCDP applaud the Minister for the efforts he made. The fact-finding mission on both occasions revealed that it was caused by lack of communication with passengers and the public, lack of security, insufficient infrastructure and lack of a proper management structure.

Although the incidents are similar to one another, the second incident took place on 2 March 2001 at 7pm. This was a second major incident within two weeks. This also could have been avoided, and the lives of seven people, including two children, could have been saved. For the information of hon members, an escalator going down into the station which serves as an alternative was also out of order when 300 commuters rushed to board a train to Mafikeng. A security guard revealed that the escalator had been out of order for two months.

Miss S RAJBALLY: Madam Speaker, the MF condemns the incident at the Pretoria and Park Stations in Gauteng. The arson attack contributed to a great loss to the public and put a dent in the Government’s infrastructure investment which was recently promised in the President’s state of the nation speech, all because of the past apartheid and group areas system.

The stampede at Park Station, which left seven people dead, leaves much to be desired in terms of respect for a fellow human being. It is appalling to note that individuals could stoop so low to get their way that they had no regard for another individual or another’s property.

The MF recommends that the rail system of transport be made more efficient for the benefit of the public at large, so as to eliminate the frustration of commuters whilst ensuring their safety, thus preventing the occurrence of further incidents. According to Metrorail Regional Manager, Kris Kilowan, vandalism is an ongoing thing, but this has been the worst thus far, resulting in Metrorail running a scaled-down service of about 70% of its normal capacity.

The MF supports the initiative of Minister of Transport, Dullah Omar, to counteract this problem. It is especially commendable to note that the Minister undertook a visit to Denneboom Station in Mamelodi to ensure that the trains are comfortable, reliable, attractive, accessible and safe. He will be meeting with all stakeholders in the rail sector, including Transnet, Spoornet, Metrorail, the South African Rail Commuter Corporation and Intersite to map out the way forward on how rail transport should be operated effectively.

The MF agrees that priority should be given to the training of the security personnel with regard to crisis management, and recommends that the public be continuously informed on the steps taken to improve the quality of commuter services.

Mnr C AUCAMP: Mevrou die Speaker, die AEB kan hom vereenselwig met al die probleme wat hier geopper is omtrent die situasie van pendelaars en vervoer in Suid-Afrika, en dit moet aangepak word. Ek het egter ‘n groot probleem met die debat vandag. ``The moral of the story is: burn a station, and get a debate in Parliament,’’ en daarmee kan ons nooit saamgaan nie.

Ons mag nie toelaat dat dít die wyse van kommunikasie tussen die burgers en die owerheid word nie. Die bevolking in Suid-Afrika mag nie die idee kry die Regering luister net as die opsie van geweld en verwoesting uitgeoefen word nie. Ek wil vra: wat sal gebeur as al die probleme, en daar is baie probleme, en al die wanfunksionering, en daar is baie daarvan in hierdie land en deur die Regering, op hierdie wyse gehanteer moet word? Ons kan in dié verband ‘n navolgenswaardige voorbeeld noem. Die boere in Suid-Afrika, wat tot die uiterste gedryf word deur plaasmoorde, het op ordelike wyse protes aangeteken, soos ons gister in Thabazimbi gesien het. Daar was geen vandalisme nie, niks is afgebrand nie, en daar was ‘n duidelike en hoflike verskoning van die organiseerders toe ‘n joernalis onbillik deur enkelinge behandel is.

Ons moet dit vir mekaar duidelik sê: die dae dat Suid-Afrika se probleme opgelos word with our tyres and our matches,'' is verby. Die vraag is, wie het hierdie geweldskultuur geskep? In 1976 was die antwoord as jy 'n probleem gehad het met die taal in die skool om klippe te gooi, en as jy in 2001 'n probleem het met treine wat laat kom, brand jy die stasie af. Die ANC het oor dekades 'n klimaat vir revolusie geskep, en ons vra hulle om hierdie klimaat vanmatches and tyres’’ om te keer. Kom ons kry orde wat hierdie saak betref.

Ironies genoeg het die afbrand van die stasie plaasgevind die dag voor die begrotingsdebat. Die agb Minister het gepraat van die sweet fruits of liberty'', maar dit word toe oorheers deur diebitter fruits of anarchy’’, wat ‘n sterker sein uitstuur oor wat in Suid-Afrika aan die gang is as die mooiste begroting. Vandalisme en verwoesting is nooit ‘n oplossing nie. Kom ons vertrou dat die reg sy loop sal neem in hierdie ongelukkige saak, en pak terselfdertyd die probleme van die pendelaars ernstig aan. (Translation of Afrikaans speech follows.)

[Mr C AUCAMP: Madam Speaker, the AEB can identify with all the problems that were raised here regarding the situation of commuters and transport in South Africa, which must be addressed. However, I have one big difficulty with today’s debate. The moral of the story is: ``Burn down a station and get a debate in Parliament,’’ and we could never associate ourselves with that.

We should never permit this to become the manner of communication between the citizens and the Government. South Africa’s populace should not gain the impression that the Government will only listen once the option of violence and destruction has been exercised. If I may ask: what would happen if all problems, and there are a lot of problems, and all instances of malfunctioning, and there is a lot of that in this country and on the part of the Government, were to be dealt with in this manner? In this regard one can quote an example worthy of emulation. Farmers in South Africa, currently deeply afflicted by farm murders, have registered their protest in an orderly fashion, as we saw yesterday in Thabazimbi. There was no vandalism, nothing was burnt down, and there was a clear and polite apology from the organisers when a journalist was treated unfairly by individuals.

We must tell each other clearly that the days of solving problems with our tyres and our matches'' are a thing of the past. The question is: who created this culture of violence? In 1976, if one had problems with the medium of instruction used in schools, the answer was to throw stones, and in 2001, if one has problems with trains that are running late, one burns down the station. Over decades the ANC has created a climate for revolution, and we are asking them to reverse this climate ofmatches and tyres’’. Let us restore order in this matter.

Ironically enough, the burning down of the station took place a day before the Budget Speech was delivered. The hon the Minister talked about the sweet fruits of liberty'', but this was then dominated by thebitter fruits of anarchy’’, which sent out a stronger message about what is happening in South Africa than the finest budget could have. Vandalism and destruction are never a solution. Let us trust that justice will take its course in this sad affair, and let us, at the same time, address the problems of the commuters in earnest.]

Mr M H FAZZIE: Madam Speaker, hon members, ladies and gentlemen, on 12 March the transport committee took a journey to Pretoria to go and see for themselves the damage which we read about in the papers and heard about on the radio.

Mabopane Station is divided into two parts. One part falls under Gauteng province, and the other under the North West province. The Gauteng part of Mabopane Station has been formalised, whilst the other part has not. The unformalised part of the station is very dirty, full of empty plastic bags and empty bottles. Tins and papers are all over the place. Hawkers have illegally connected electricity cables from the Gauteng side which are lying all over. General cleanliness is lacking and toilets are not properly cleaned. It would seem hawkers on the Gauteng part of the station pay rent.

Facilities for the disabled are not available, and as a result things are difficult for them. Security personnel are only visible on the first-class coaches. Commuters’ safety is questionable. The PA system is not working, and train drivers do not have whistles, and as a result commuters are not warned when the train is about to leave, and this is dangerous. Shacks have been built next to the railway line, which leads to kids playing on the railway line.

A lot of expense is caused because of drunkards walking on the railway line. Lots of train drivers have been diagnosed with stress-related illnesses as a result of these problems. Often a train that is supposed to leave stands for a long time waiting for repairs because of stolen doors, broken windows, etc. This becomes a problem which causes delays for scheduled trains. Once a train has been delayed, commuters become frustrated because they do not understand the cause of the delay. In order to rectify the situation, the PA system should be used to communicate with the commuters whenever there is a delay.

Regarding the Pretoria Station incident, a cable next to the small station in Pretoria was damaged, and the train could not move because of that. That delayed a number of trains, and unfortunately, it was peak hour when commuters finished work. There were approximately 7 000 commuters in Pretoria Station at that point in time, when about 200 commuters decided to break doors and windows, and forced their way into the station where they started the fire. The damage caused by the fire has been estimated at R30 million, and contractors are already engaged in cleaning up operations in preparation for the construction.

Most commuters do not want to pay for their tickets. They wait until the train arrives and then overpower the security guards. At Park Station there was a stampede and seven people, including two children, were killed. To correct the situation, the ticket examiners should be at the top of the stairs to avoid a repetition of the incident. Commuters should arrive at least an hour before the time to buy a ticket. The railway police service should be reinstated. [Applause.]

Ms J A SEMPLE: Madam Speaker, as part of this debate, I would like to deal with the impact of the recent incidents at our stations and the deteriorating condition of our urban rail commuter services on the tourism industry.

My colleague Stuart Farrow spoke about the violence and disruption associated with train hooliganism, and in addition, the unsafe working conditions of Metrorail’s train drivers. I want to elaborate further on these issues. Firstly, there is the huge problem of violence and crime on our trains. These matters are escalating daily. Commuters fear for their lives and are subjected to constant abuse and violent acts, with little or no protection from the state.

Tourists visiting our country, who have not been forewarned about these problems, innocently board our trains only to experience a trip from hell. No respect is shown to commuters who have paid for first-class tickets, and end up having to be subjected to groups of drinkers and smokers using foul abusive language. Many of these groups gain access to these carriages without paying, and do the tourism industry untold damage.

One only has to travel on these coaches oneself and see the deteriorating state of the carriages to realise that nobody cares anymore about the standards. If doors and windows no longer function, how can a limited number of platform personnel contain or stop access to these compartments by would-be fare evaders?

The public transport system forms an important link between tourists arriving either by air or sea to our cities and, in many instances, is the only affordable means for tourists to get around our cities and points of interest, especially for the growing backpackers industry. One bad experience by a foreign tourist has endless repercussions for the industry, as the affected party relays these poor images back home. Metrorail needs to ensure that its privileges are not abused, and that first-class customers are treated as such. Tourists visiting our country are curious by nature, and witnessing burnt-out stations and coaches does nothing for our image abroad. Despite the high level of frustration, we cannot allow commuters to take the law into their own hands and burn and destroy our valuable assets and infrastructure.

Pretoria Station is the embarkment and disembarkment point of our famous Blue Train, and the burnt-out remains of this wonderful national monument are an eyesore. The community at large needs to know the impact this has on our tourism industry, and the opportunities lost to our economy. There is no excuse for this sort of destructive behaviour, and we hope that the perpetrators will be brought to book and made to pay for their actions.

I now turn to the second issue - that of offering a reliable and secure rail service. My colleague alluded to the unsafe working conditions of Metrorail train drivers. All of us, including tourists, put our trust in the hands of train drivers and their controllers whom we believe to be competent and well-trained in their fields of operation. A recent report undertaken by Prof Le Roux revealed that many of our train accidents occurred due to human error, mainly by train controllers failing to comply with safety rules.

Nothing was said of the unsafe working conditions that train drivers are exposed to every day. These include poor supervision under abnormal working conditions, poor ergonomic condition of the driving cabs, long hours of continuous driving in the same position, intoxifying odours, mainly of dagga, coming into the driving cabs from passenger compartments, and irregular shift-working patterns which result in fatigue and short rest periods of eight hours between shifts. All these problems can be controlled by the management of Metrorail, and would go a long way in making rail travel safer and more efficient.

We therefore call on the Minister, firstly, to immediately institute an official inquiry into the working conditions of train drivers, which includes all role-players; secondly, to ensure the swift and urgent piloting of the legislation on the Rail Safety Regulator through Parliament; and thirdly, to investigate the immediate funding of rolling stock and infrastructure improvement by Government or private sector finance.

Unless this is done, there could be serious consequences for rail commuters and the tourism industry as a whole. The time for action and not words is now more necessary than ever before. [Applause.]

The MINISTER OF TRANSPORT: Madam Speaker, hon members, I want to thank those members who participated in this snap debate. There has, of course, been a degree of party-politicking and point-scoring, as members have just heard.

The hon Semple knows that those matters that she called on us to address are already in the process of being addressed. She attends the portfolio committee meetings in which reports have been given on the work that we are doing. So, the call for action now is really a little out of place, but I take it in the spirit in which it was made. Of course, I will ignore the ranting and raving of the hon Odendaal who is still hankering after the past. [Interjections.]

I think that we all share a common concern, except, of course, some members on this side of the House who are too ignorant to understand that. We share a common concern, namely, that the rail service is important, that the service should be safe, efficient and reliable, that the service should be extended wherever possible, and that everything possible should be done to improve the current standard of service.

My department and I have worked very closely with the parliamentary committees. We have encouraged structures responsible for rail and other forms of transport to speak frankly at meetings of committees. We have encouraged them to give information requested by political parties. My hope is that whilst engaging in promoting our own party-political interests, we will nonetheless find a way of working together to address South Africa’s needs and problems on the transport front. I want to express my thanks for the co-operation and mutual respect which I have enjoyed in the Portfolio Committee on Transport of this House.

In rail transport, we have the good and we have the bad. We have some good basic infrastructure, our commuter rail service is the most inexpensive mode of transport available to our people, and our commuter rail service transports approximately 2,2 million people every day. Up to now, it has served six major metropolitan areas in our country. Also, our institutional arrangements over the years may have been adequate, but they need to be looked at.

That is the good, but there is also the bad. Some of the problems are the following: Firstly, the condition of our infrastructure has declined, and there has been no adequate investment to ensure the maintenance of our infrastructure, let alone its improvement; secondly, the rail signalling system and rolling stock need to be replaced and, where appropriate, upgraded; and thirdly, institutional arrangements need to be reviewed. One aspect of this is the problem associated with the fact that the national Department of Transport has one role, the Department of Public Enterprises has another, Metrorail is the service provider and the SA Rail Commuter Corporation is the responsible structure for contracting the services of the service provider. It is a case of too many masters, as the hon Slabbert mentioned.

However, there is a more serious problem in our current inherited institutional arrangement, and that problem is the conflation or collapsing or putting together, whatever one wants to call it, in one entity of the functions of policy-making, operations and regulation. The more urgent issue in this regard is that of safety. There are of course specific things that we need to do to ensure maximum safety, such as improving infrastructure, rolling stock, the signalling system, the purveys, better management, training for personnel, adequate discipline, and addressing human factors such as working hours and working conditions.

All these matters need to be addressed. However, the big institutional change which is necessary is to separate regulations from operations, and in particular to put into place a rail safety authority. All these matters, as all hon members who serve on the portfolio committee know, are currently being addressed.

On the question of safety we have secured the assistance of the Ghanaian government. A special team involving role-players across the board has looked at other international experiences. This team has now produced the first draft of the legislation+ necessary to set up such a rail safety authority. This draft is currently been refined and we will come to Parliament shortly to obtain guidance before we proceed with the legislation.

We are co-operating with the Department of Public Enterprises, Spoornet, Metrorail and the SARCC to develop an implementation plan so that the passing of the requisite legislation will result in the implementation of the legislation as soon as possible. This is a mammoth task; it is entirely new for our country. The structures, procedures and systems must be developed and put in place. That is why the development of an implementation plan is so important.

I am saying, therefore, that the setting-up of an independent rail safety authority will go a long way towards addressing the many problems which we are currently experiencing with regard to safety. The rail safety authority will require service providers to submit their safety management plans covering all issues relating to safety. Proper monitoring will be provided for, with heavy penalties for failure to comply.

I do have details of all the accidents and incidents which have occurred, including the Park Station and Pretoria incidents. Government deeply regrets the loss of life which has occurred. We believe that lives lost have been lost unnecessarily. Many families and individuals have suffered unnecessarily. We are not just talking about it, we have met with Metrorail and the SARCC, including Intersite which is responsible for South Africa’s stations, so as to ensure that immediate steps are taken to reduce the possibility of a recurrence of the kind of tragedies which we have witnessed.

We have asked that priority be given to two categories of issues. The first category would involve, firstly, improving the signalling system; secondly, addressing personnel-related matters such as training, discipline, working hours and conditions; thirdly, dealing effectively with vandalism - I refer here to the day-to-day vandalism which occurs and which costs our country in the region of R1 million per month, leaving aside the big losses which are associated with arson, for example; and fourthly, reviewing safety and security on trains and at stations. Whilst we cannot solve all the problems now, one can at least make a beginning to solve some of the problems, and implement a process which will solve these problems soon. This is the one category. The second category of issues relates to taking steps to show our people that we care and that we are doing our best, doing those little things that will make train travel a little bit better. The SARCC and Metrorail always do surveys of community views and attitudes. One of the more recent responses to the surveys asks, for example, for simple improvements to be made, which can be done without much delay.

For example, firstly, why are toilet doors at our stations often locked and remain locked during the day? Why are many stations so dirty, smelly and repulsive? Surely something can be done. Secondly, why are many stations so drab and unattractive, not people friendly. Something can be done there too. Thirdly, why can security and other personnel not be more civil towards legitimate commuters?

Fourthly, why can we not have separate entry and exist facilities to and from station platforms? These do not exist at certain busy stations. Fifthly, why can we not improve communication with commuters at stations, for example, by extending public address systems and ensuring that they are in working order? Sixthly, why can we not involve local communities so that they feel a sense of co-ownership of the facilities? After all, the facilities do belong to them. Why do we not institutionalise to a greater extent than before consultative processes throughout the country, as indeed occurs in some areas?

Seventhly, why can we not take steps to ensure that trains run on time? The view is that better micromanagement and planning can improve on the current situation. Eighthly, how do we deal effectively with fare evasion and ticket fraud? In other words, there are many little things which we can do but which are being sacrificed on the altar of grand plans for the distant future. And what we have asked of Metrorail and the SARCC is, firstly, to address those little things now. They may be little to us, but to commuters they are big things.

Of course, there are more fundamental, more general and more long-term problems which must be addressed. Government has committed itself to ending the neglect and decline of rail which we have witnessed for the past ten to fifteen years. The President has, at the highest level, confirmed Government’s commitment to making rail transport the preferred mode, in relation to both passenger transport and freight. The question arises: How are we going to upgrade our infrastructure, improve our rolling stock, and modernise our signalling system if we do not have the resources? The commitment having come right from the top, I am confident that with the presentation of an infrastructure development and maintenance plan, we will be able, through the Treasury and the involvement of the private sector, to address these problems systematically over the next ten years.

As a first step, Treasury has already taken over the SARCC debt of R2,3 billion, thus relieving the SARCC from the burden of paying approximately R300 million interest per year on their debt. That means that the savings can be used to address infrastuctural needs. In addition, our budgetary allocation, insufficient as many of us believe it may be, will also enable us to have more space to address the problem than we had before. Of course more money is needed, but all departments are crying for a bigger slice of the cake and I have no doubt that over the next few years, more money will be made available to address these problems.

One of our major problems, I believe, is the fact that local communities do not always have a sense that the railways and railway facilities belong to them. It is not the fault of commuters. It is the fault of Government, and it is also the fault of our institutions, possibly the fault of this Parliament, all of us, because we are responsible for that service provision. Therefore, I have asked that considerable attention be given to consultation with local communities to promote a feeling of co-ownership.

I have already referred to vandalism as a big problem. Safety on trains is a problem to which I have also referred. Then, of course, law enforcement is a major problem and we are committed to ensuring that law enforcement takes place effectively at all levels at our stations, on our trains and wherever law enforcement in transport is required.

These issues, our department, together with the provincial governments, has already begun to address and we have requested our service providers to consult with local communities everywhere through the commuter forums, so as to ensure that together we can make rail transport safer for all the people of our country. [Applause.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! I hope, hon Minister, that with the support of Parliament you will be in a position to advance the goals that you spoke of this afternoon.

Debate concluded.

  SPECIAL INVESTIGATING UNITS AND SPECIAL TRIBUNALS AMENDMENT BILL

                       (Second Reading debate)

The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Mr Chairperson, the principal aim of the Bill before the House is to bring a constitutional … [Interjections.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon members, I will not tolerate your standing in the aisles and conversing. Hon Holomisa! As I indicated before, if you have private business, please conduct it outside the House. [Interjections.] Order! Could we now proceed with the business that is before the House.

The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Mr Chairperson, the principal aim of the Bill before the House is to bring the Special Investigating Units and Special Tribunals Act of 1996 into line with the Constitution of the Republic pursuant to the decision of the Constitutional Court in South African Association of Personal Injury Lawyers v Heath and Others, in which the court considered the constitutionality of the appointment of a Judge or an Acting Judge of the High Court under section 3(1) of the Act, as the head of a Special Investigating Unit. As the law stands, the head of a Special Investigating Unit - such as the one that is currently headed by the honourable Judge Willem Heath, who was appointed as such under Proclamation R24 of 14 March 1997 - must be a Judge or an Acting Judge of the High Court, a feature of the Act which the Constitutional Court adjudged to be in violation of the Constitution.

The Court, as hon members will remember, held that the appointment of a judge to head a special investigating unit in particular violated the separation of powers - an unwritten principle which, nonetheless, constitutes part of the core of our constitutional system. The Court stressed the importance of the separation of the judiciary from the other branches of Government, and the need for courts to be and to be seen to be independent of the legislature and the executive so that they can discharge their duty of ensuring that the limits to the exercise of public power are not transgressed.

This separation of powers prevents the legislature and the executive from requiring judges to perform nonjudicial functions that are incompatible with judicial office, and which are not appropriate to the central mission of the judiciary and prohibits judges from undertaking such functions.

The national executive and Parliament, acting in the bona fide belief that the problem of rampant corruption and maladministration that plagues our nascent democracy requires the adoption of special measures, enacted the principal Act, established the current Special Investigating Unit and appointed Judge Heath as its head. I think it is appropriate to refer to paragraph 36 of the Constitutional Court’s judgment, where the Court stated:

Judge Heath has not intruded into the affairs of the executive at his own instance. The legislature made provision for the appointment in the Act and the executive, through the President, requested Judge Heath to accept the appointment. I have no doubt that in accepting the appointment, the first respondent acted in what he perceived to be the national interest. The fact, however, that all involved acted in good faith and in what they perceived to be the interest of the country, does not make lawful legislation or conduct that is inconsistent with the separation of powers required by the Constitution.

Of particular note in this regard was the Court’s observation in paragraph 38 of the judgment that, and I quote:

The functions that the head of the SIU has to perform are executive functions that, under our system of government, are ordinarily performed by the police, members of the staff of the National Prosecuting Authority or the State Attorney. They are inconsistent with judicial functions as ordinarily understood in South Africa.

As can be seen, the Bill, with consequential amendments, contains a straightforward measure aimed at enabling the President to appoint a fit and proper person, who will not be a Judge, as the head of a Special Investigating Unit. It has been brought to my attention that some members of this House and their parties would be happier if specific provision was made to the effect that the incumbent, who may no longer be a Judge, is independent in addition to the requirements proposed in clause 1(a) of the Bill. However, it is my considered view that this is not necessary. Independence is implied in the requirement that the incumbent would have to be a fit and proper person, a person of integrity who is conscientious and experienced.

Moreover, the amendments which the Bill is seeking to effect to the principal Act should not be viewed in isolation. The Bill represents the beginning of what I envisage will comprise a more comprehensive review of the Act. The Constitutional Court referred to a number of aspects regarding the functioning of a Special Investigating Unit, some of which have in the past received the attention of the High Courts and the Special Tribunal, notably in the matters of Konyn and others v Special Investigating Unit, Toto v Special Investigating Unit and others, and Athimoolan Nadasen v Special Investigating Unit and others. These matters are presently receiving my department’s attention and, when we are ready, I will introduce further amendments to the Act in order to ensure that it conforms fully to our constitutional dispensation.

Certain other matters pertaining to the principles underlying the Act also deserve to be revisited, for example the perception that any particular unit is a semipermanent institution with an open brief; the issuing of a proclamation in respect of each and every matter to be investigated by the Special Investigating Unit; and areas of duplication between the work of a Special Investigating Unit and that of the Auditor-General, the Public Protector, the National Commissioner of the South African Police Service or the National Prosecuting Authority.

I believe that we will gain further valuable insight into these matters in the process of rationalising and, to some extent, wrapping up the work of the existing Special Investigating Unit. This process is presently underway under the able leadership of Adv Jan Henning, a Special Director of Public Prosecutions, whose report I have publicly undertaken to table in this House in due course.

Lastly, I do not think that anybody in this House will dispute the fact that the current Special Investigating Unit has - with limited resources, may I say - done a lot of good work under the stewardship of Judge Heath. It was in the light of this that I averred in my affidavit, which served before the Court, that it was necessary to have a Judge appointed as head of such a unit because the view was held that a judge would not only possess the necessary integrity but also the requisite skills, experience and expertise to perform the functions envisaged by the Act.

I would like to extend my gratitude to Judge Heath for his personal contribution and his renowned passionate dedication to the cause of combating maladministration and corruption. I would also like to congratulate the members of the Portfolio Committee on Justice and Constitutional Development who, under the very able leadership of their chairperson, Adv Johnny de Lange, expeditiously dealt with the Bill in their usual competent manner, as seen from the amendments effected thereto. [Applause.]

Ms F I CHOHAN-KOTA: Mr Chairperson, Adv Johnny de Lange is not here today and he sent me in his place. I see some people are cheering. I rise, as he would have done, in unconditional support of this Bill as I did when we passed the principal Act that we are today amending.

The Special Investigating Units and Special Tribunals Act is the Act that created what has commonly come to be known as the Heath commission. However, this is no ordinary commission in the sense that we understand commissions of inquiry. This is a unique instrument, the like of which knows no comparison internationally. Unlike a commission of inquiry, the Special Investigating Unit does not merely investigate in terms of a given mandate and report its findings to the executive. Very often, governments reject findings of commissions of inquiry, and no further action is taken. This structure is not that kind of commission, and it is therefore wrong to impute the qualities of an ordinary commission of inquiry to it.

I read with some interest the Hansard of the original debate in October 1996, when some of us were still very young. [Interjections.] The then Minister of Justice, when introducing the debate on the principal Act, said the following, and I would like to paraphrase what he said. He said that ordinary commissions of inquiry for the purposes of fighting corruption would be unsuitable. That is why we decided to create the Special Investigating Units and Special Tribunals so that, unlike commissions of inquiry which only have the power to make recommendations, this instrument would have the power to investigate together with the power to make court orders.

So, we have created a structure that is meant to be triggered in a similar way to a commission of inquiry, but unlike a commission of inquiry, the SIU is equipped to recover lost state assets quickly and efficiently. It does this by instituting civil action in a special tribunal, which is a court dedicated to this function. In this way, we are able quickly and easily to process what would otherwise be lengthy civil applications.

There are no equivalent structures, and nowhere else in the world has a government given away its right to referral and ultimate decision-making in such a dramatic way. Much of the recent media coverage around the SIU has focused attention away from Government’s underlying commitment to fight corruption and has focused on the sensationalist aspects of it. This kind of reporting, I believe, stems from a lack of appreciation for the true nature of the structure.

During our deliberations on this amending Bill, the DA raised the issue of independence, as the Minister has stated. I hope that they have since refined their argument, but this was an issue, unfortunately, that could find no favour. The reason for this is that it, too, stems from a fundamental lack of appreciation for the nature of the SIU.

For us really to understand how different these SIUs are, we would need to go back to the principal Act that we unanimously passed in this House in

  1. In terms of the Act, the President appoints the unit or refers matters to the unit whenever he or she deems it necessary. This is done by a presidential proclamation which must set out the terms of reference of the SIUs as the President may deem necessary. Furthermore, the President may at any time amend a proclamation issued by him or her. From time to time, as directed by the President, the unit must report on progress made in the investigation with a further provision that, on conclusion of the investigation, the unit must submit a final report to the President.

Evidence regarding the commission of a criminal offence must be referred to the relevant prosecuting authority. So, what we had in mind at the time that we passed this Act, was not to create yet another independent structure such as the ones that we already have under Chapter 9 of our Constitution, in respect of institutions such as the Public Protector, etc. We did not want to duplicate those institutions. We also did not want to duplicate the functions of the Office for Serious Economic Offences and the National Prosecuting Authority, so the unit has no criminal jurisdiction. We wanted a quick and effective mechanism which would civilly recover state assets lost through illicit means and I think, by and large, that we have succeeded in this quest.

Now, from what I have just said, it is quite clear that the SIUs are instruments of the executive. The unit, as it stands now, is certainly not independent of the executive branch, even though the executive, as I have stated, has empowered the unit not only to investigate, but to take the necessary legal action to effect its findings without immediate recourse to the executive. But no one should be under the illusion that this unit is anything but a tool of the executive. It is precisely for this reason that the Constitutional Court concluded that for a member of the judiciary to head the SIU violated the principal of separation of powers on which our constitutional dispensation is based.

The DA then suggested in our deliberations that any incumbent to this office should be required to be independent-minded. We preferred the word ``integrity’’, which is used in the sense that it conveys, in a more encompassing manner, the qualities of fairness and honesty and the notion that the incumbent’s character should be above reproach. It is left to me to assure this House that we are concerned that the person who heads this unit should be all of the things that I have just mentioned.

To those people who still harbour some discomfort with regard to the exclusion of judicial leadership of the SIU, let me point out that, as the Minister has said, in argument before the Constitutional Court on this matter, the state stressed that, given the nature and ambit of the tasks which the unit would necessarily be required to perform, a judge would not only have the necessary skills to perform the functions envisaged by the Act, but would also possess the necessary integrity. In his response, the President of the Constitutional Court said:

I accept that the head of the SIU should be a person of integrity, but judges are not the only persons with that attribute.

I think there is some wisdom in those remarks, and I think that those people who still harbour that discomfort I have spoken about should ponder those words.

Finally, let me say that I very sincerely hope that we in this House can once again unanimously pass a crime-fighting Bill. It is important that whoever is appointed to head this structure is seen to have the unstinting, unwavering and unreserved support of all the parties in this House. I think it will stand us all in good stead. [Applause.]

Mrs S M CAMERER: Mr Chairperson, I think it is time that the DA spoke for itself. [Interjections.] On the face of it, what we are debating here is a technical amendment to the Special Investigating Units and Special Tribunals Act, Act 74 of 1996, necessitated, as the Minister has said, by the judgment of the Constitutional Court to the effect that a judge may not be the head of a Special Investigating Unit because of the constitutionally guaranteed separation of powers.

Now, the DA respects the Constitutional Court’s decision and certainly supports the desirability of passing an amendment to ensure that a judge cannot be appointed. However, not by any stretch of the ANC’s imagination on the subject of Judge Heath is this what this debate is really about. In the first instance, it is about whether this Government is serious about fighting and eradicating corruption. The importance of this issue was thrown into high relief by the allegation in the Sunday Times this weekend of possible improper conduct around the R43 billion arms deal involving the Chief Whip of this Parliament, the hon Tony Yengeni.

The way the governing party has approached this Bill and dealt with the issue of who to appoint instead of a judge is not reassuring. [Interjections.]

Mr T M GONIWE: Mr Chairperson, when we dealt with motions, the Speaker brought to the attention of this House the fact that the matter that the member is referring to is a matter which is being dealt with by Parliament, and therefore we were barred from pronouncing on this issue … [Interjections] … or referring to it. [Interjections.]

Mr K M ANDREW: Mr Chairperson, I think that is a complete misunderstanding and incorrect interpretation of the Speaker’s ruling. It was in relation to members bringing motions to the House on that particular matter. It did not relate to references, for example, in this context. [Interjections.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Would you please take your seat, Mrs Camerer. I think that while Mr Andrews is correct in the sense that at the time when the Speaker was taking motions she, within the context of the motions, indicated that no further reference should be made to this issue, it is fit and proper that we should look at this in a broader context. If it was inappropriate at the time of the motions, it cannot now be appropriate in another debate at a later stage on the same day.

So I would like to rule that, in keeping with what the Speaker indicated this afternoon, this matter that relates to the hon Tony Yengeni, is being addressed in certain ways by this Parliament. It would not be appropriate to bring in remarks on this subject which cannot in any way contribute to what is already underway. So I would like to request that remarks be withdrawn and that no further reference be made to this during today’s debate.

Mrs S M CAMERER: Chairperson, basically I was just trying to build my argument, but you can regard my comments as not having been said.

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! I will take another point of order from the hon Mr Andrews.

Mr K M ANDREWS: Chairperson, I would just like to draw a distinction. Normally the rule of this House is that a matter before a committee of Parliament is not debated in the House. In that context, since this has been referred to the Ethics Committee, the Speaker ruled that one should not come with motions which would suggest that one is about to debate the matter. But, equally, it is common knowledge that in respect of the R43 billion arms deal, there are a range of issues that are being investigated. In fact this House and a committee of this House, requested an investigation by a variety of authorities. There has also been a great deal of controversy as to whether the Special Investigating Unit need or need not be part of this investigation. In that context and in the context of the R43 billion arms deal, surely a reference to one of the elements of the allegations in that regard has nothing to do with the Ethics Committee of Parliament because it is a separate matter which relates to the investigation as proposed by the Public Accounts Committee. In that context and not in the context of the parliamentary ethics, I believe, with respect, that the Chair should consider allowing references, as long as they do not range too wide in that regard, to be made.

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon members, the Speaker also made reference to another important and fundamental principle, namely the presumption of innocence. In respect of this, if I allow this reference to be made, we would then be violating a very essential ingredient in respect of the presumption of innocence. If a remark were to be made in broad and general terms in respect of the arms deal, that would be quite another matter. But in respect of the specificity of a particular individual whom the Speaker has indicated has the right to enjoy …

Mr B G BELL: Are you trying to cover this up now?

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon members, I was ruling and I would like to know who mentioned something about covering this up? Would the member please rise?

The hon member knows that in terms of the Rules of this Parliament, when someone raises a point of order and when a presiding officer is attempting to give a ruling, it is necessary for members to listen. It is quite out of order to make unwarranted remarks. If an hon member is not happy with the ruling that a presiding officer is making, that hon member has the right to stand up at the appropriate juncture and raise a point of order. To make unwarranted remarks is quite unacceptable. I hope that the hon member will withdraw what he said and allow the presiding officer to proceed.

Mr B G BELL: I withdraw the remarks.

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Thank you. On reflection I would like to say that if the reference is too specific and erodes the right of the individual to be presumed innocent, the hon Mrs Camerer, being in the justice committee would accept that it is fair play. She should also accept that we accord each member here that right. Once again, I would like to request that the remark be withdrawn.

Mrs S M CAMERER: Chairperson I remove the specificity relating to the hon Yengeni.

The CHAIRPERSON OF COMMITTEES: Order! Thank you. So long as you talk in general terms you may proceed.

Mrs S M CAMERER: Chairperson, the way the governing party has approached this Bill and dealt with the issue of who to appoint instead of a Judge to head the Unit, is not reassuring. Although the Special Investigating Unit operates under the aegis of the executive, and we do understand the nature of the Act, after all it is dependent, as previous speakers have pointed out, on presidential proclamations to do its work. Nevertheless, it was always envisaged that the Unit should have the ability to act in a spirit of independence and impartiality without fear or favour.

This can clearly be implied from the job it has to do and the powers it exercises in terms of the Act once the proclamation is obtained. It can also be inferred from the decision of this House in 1996, that a Judge should head up the Unit. This was the main if not the only reason, for appointing a judge in the first place. It was felt that a Judge must per se be independent and impartial.

Section 2(2) of the main Act authorises the President to issue a proclamation on the grounds inter alia - and this is important - of any alleged serious maladministration or improper or unlawful conduct by employees of any state institution or any unlawful or improper appropriation or expenditure of public money or corruption in connection with the affairs of any state institution. I want to inform the hon Kota that we do understand the Act.

There are two main purposes of the Unit. They are to recover state assets misappropriated through maladministration or corruption on the part of state officials and to facilitate the prosecution of those guilty of criminal acts by handing over the dossier of any particular investigation to the national or provincial director of prosecutions. The obvious reason for having an independent-minded, impartial person heading the Unit is that although it operates as part of the executive, it has to go after agents, officials or officers of the executive, state or Government if they have been guilty of maladministration or corruption.

Therein lies the problem for the ANC. It is becoming more of a problem as the ANC finds it increasingly difficult to distinguish between the party and the state, particularly since the ANC’s centralised redeployment committee got going. Loyal ANC cadres are shifted between political and Government posts. Sometimes they shockingly occupy both such as Mr Joel Netshitenze, who has combined being head of Government communications with the post of ANC propaganda agent. Opposition parties are regarded as spoiltsports when they point this out. It is a problem that has been repeatedly brought to light by the Unit when it was led by Judge Heath.

On countless occasions the corruption and maladministration uncovered by the Heath Unit involved ANC party stalwarts often occupying senior jobs in provincial administrations. The Mpumalanga story is a case in point. No wonder Heath and his Unit got on the ANC’s nerves in the way they did. There is no denying that the Heath-led Unit was brilliantly successful in what it set out to do. At a minimal cost to the state, assets valued at over a billion rands were recovered within less than four years. A recent institute of security studies and Markinor survey of 150 experts in the corruption field in our country, funded by the European Union, found that these experts rate the Special Investigating Unit as the most effective anticorruption agency in South Africa by a long chalk. It scored 84,5% approval among these experts, with the Auditor-General 10% points behind it and the Public Protector scoring only 61%. What we are dealing with here is not only de facto effectiveness, but also the public perception of an effective corruption buster who is impartial and independent.

So, the question posed by this amending Bill is: If the Judge is removed from the equation, how does one replicate judge-like qualities of independence and impartiality in the new head of the Unit? The DA believes that it is either by the mechanism for appointment which excludes party- political control or by peremptory provisions in the amending Bill, such as specifically providing that the incumbent must be independent and impartial. When the Bill was considered by the portfolio committee, this is what the DA asked for and what the ANC refused to agree to. For this reason, the closest proposed amendment by the DA goes to the heart of the matter. We cannot support this Bill. It has been argued by the ANC - and the hon Chohan-Kota again made the point today - that providing that the new head of the Unit must be a person with due regard to his or her experience, integrity and conscientiousness is sufficient to cover up our concerns and that integrity includes independence. In our view, this just will not wash and it is sophistry at its worst. I looked up the meaning of integrity in the Oxford dictionary: it includes unimpaired or uncorrupted state, original, perfect condition, soundness, sincerity, uprightness, sinlessness, honesty and so on.

I know many ANC members in this House with integrity - some were and still are on Scopa. There is no doubt that they started up there in a sinless and uncorrupted state. But what happened to them then? Political pressure, and where are they now? Political purgatory. They have had to turn their backs on the investigation originally recommended by Scopa, including themselves, which would have included South Africa’s most effective corruption buster, the Special Investigating Unit. They have now bowed to pressure from their political masters. Setting cadres to catch cadres just does not work. There are countless examples, not the least of which is the exoneration of Dr Allan Boesak by the President’s legal adviser, Adv Mojanku Gumbi, some years back.

No, the DA insists that the person heading the Unit should be independent from this sort of pressure and I hope that the Minister will take these remarks to heart. They are meant in the best possible spirit of fighting corruption in this country. As I said, it is clear from the provisions of the Act governing the Special Investigating Unit that it is ideally situated to pursue serious allegations of the kind surrounding the R43 billion arms deal. It can, inter alia, investigate corruption in connection with the affairs of any state institution.

The powers of rapid search and seizure are designed to prevent the sort of foot dragging that we are seeing now which could lead to a loss of evidence. The ANC and specifically the Minister for Justice have also tried to obfuscate the issue by arguing that before it can act, the Unit will need enough specificity to amount to a prima-facie case. Firstly, this is not correct in terms of the Act. Secondly, if the Sunday Times revelations about the deal - regurgitated again with even more specifics added by The Star today - are not sufficiently specific, what is?

Sadly, because of the ANC’s foolish actions in excluding the Unit from the probe, journalists, clearly armed with leaked documents, are doing the digging for dirt, instead of the entity which was designed by this Government for the job, namely the Special Investigating Unit. And we all know why. The only way the ANC-led Government can now prove that there will be no cover up is to revise its refusal to allow the Special Investigating Unit to participate in the ongoing arms deal investigation. Anything short of this will be seen as further evidence of the view expressed by economists in their recent survey on South Africa, that what started out as a splendid example of the new South Africa’s commitment to honest public administration is being undermined by the very people who are meant to be guardians of justice and the public path.

As far as this Bill is concerned, words or a mechanism should be included in it ensuring that the new head of the Unit is independent and impartial. The New NP and the DA cannot support this amending Bill in its present form. [Applause.]

Mr M A MZIZI: Mr Chairperson, Minister and hon members, the Bill before us is not a new one. It should be remembered that on 14 March 1997, the President established a special investigating unit in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, No 74 of 1996.

Through Proclamation R24 of 14 March 1997, the President, at that time, appointed a Judge as the head of the Unit. It cannot be disputed that the head of the Unit, who was Judge Heath, had his position challenged in the Constitutional Court. The finding was that a Judge as the head of the Unit was unconstitutional. The IFP recognises the judgment of the Constitutional Court as being valid.

This Bill therefore addresses the need to amend the Act in order that the Special Investigating Unit should continue to exist, but with a new leader. While we have no choice but to make this change, we should also remember that the Special Investigating Unit is not a permanent standing unit. It is called upon to deal with special matters and it is a special arrow in the armoury of the President to fight corruption. It could operate in a province or against the executive itself if it is believed that money is being misappropriated or is missing. The President, by proclamation, may cause a Special Investigating Unit to investigate. Thus, it is to be seen as a special unit called upon on a special occasion.

It is obvious that the person who will be heading this Special Investigating Unit cannot be a Judge in terms of section 5(8) of the Act. The head of the Special Investigating Unit has the power to issue suspension orders or interdicts if he or she has reasonable grounds to believe that any delay may jeopardise the case. These powers will not be conferred on the head of a Special Investigating Unit henceforth. Although the new Unit will have many powers, it will nevertheless be constrained as I have just explained.

We will need to observe how effective the new Unit will be. It may be that in future Parliament will have to devise ways and means of giving the Unit sharp teeth with which to bite. For example, today, we can read in the newspapers how far Nigeria has sunk into corruption. We must prevent our country from becoming one where nothing happens without palms being greased.

A Special Investigating Unit must therefore be able to move with great speed and bite with very sharp teeth. The IFP is fully committed to a clean and honest public administration and will keenly follow whether the Special Investigating Unit is special, as it ought to be, after its new head, who should be a fit and proper person, has been appointed.

This unit must be reflective of our democracy and the new values that we espouse. The question is: If the person who is going to be appointed as the head is going to be a person who is fit and proper, why then are we removing such a good authority? It must be remembered that this person is not going to deal with Yizo Yizo matters.

In conclusion, the IFP supports the Bill and urges the Minister to take into account the remuneration of members of the Special Investigating Unit so that they will be well paid and not fall into the temptation of bribery.

Adv H C SCHMIDT: Chairperson, amendments to the Special Investigating Units and Special Tribunals Act, which we are debating today, are constitutionally required by the judgment of the Constitutional Court emanating from the appeal to that court by the SA Association of Personal Injury Lawyers in a case against Judge Willem Heath, the Special Investigating Unit, the hon the President as well as the hon the Minister for Justice. Despite the fact that judgment was delivered on 28 November 2000, it is enlightening to see that we are in a position to debate the amendments to the abovementioned Bill within a period of four months after the delivery of that judgment.

Before dealing with the contents of the amending Bill, it would be appropriate to state that Parliament and its Portfolio Committee on Justice and Constitutional Development has demonstrated that it has the inherent ability to deal swiftly with legislation when required to do so, provided that the political will and support therefor is present. This, unfortunately, as we all know, is seriously lacking in instances such as the intended amendments to labour legislation, to mention but one example.

The poor administration of this Act by the executive, more specifically by the hon the President and the hon the Minister for Justice, has been the subject of various debates, questions, motions and criticism in the public sphere, in the media and by opposition parties within Parliament in the immediate past. This is so, due to perceived persistent attempts by the executive, in particular the Minister for Justice, Mr Penuell Maduna, to terminate the functions of the so-called Heath Unit under the experienced guidance of Judge Willem Heath. This, despite an excellent track record by the Unit in exposing corruption and maladministration within state institutions with regard to state assets, public money and any conduct which could seriously harm the interests of the public.

This has led to the submission of a Private Member’s Bill, namely the Special Investigating Units and Special Tribunals Draft Amendment Bill, to the private members’ legislative committee on 9 October 2000, which was addressed to the Speaker by myself. That was done in response to the frequently reported threat to terminate the functions of the so-called Heath Unit by the executive. The purpose of that Private Member’s Bill was to ensure that a single Special Investigating Unit would be constituted by proclamation by the President. That was done in order, inter alia, to preserve the expertise of qualified personnel who had gained valuable experience in the field of the statutorily required functions of the Unit.

According to the chairperson of the Portfolio Committee on Justice and Constitutional Development, this Bill has been referred to the Department of Justice. Their comment has been requested as to the desirability of the institution of a permanent and independent investigating unit. I mention this to indicate that even before the judgment of the Constitutional Court in this matter, which was delivered on 28 November 2000, the DA had already indicated inherent problems in respect of the administration of this Act by the executive, and its content. The ANC then conveniently chose to ignore the concerns which the public, the media and, inter alia, the DA raised.

A further amending Bill was submitted by the hon Francois Beukman, which dealt with specific appointment mechanisms of the head of the Unit and the requirements for his or her removal from office as head of the Special Investigating Unit. The Bill has, apparently, also been referred to the Department of Justice for similar comments as stated earlier.

We need only look to our prosperous and stable neighbour, Botswana, to witness the effective operation of a totally independent investigating institution which, without the need for proclamations, investigates corruption, serious malpractices and maladministration in connection with the administration of state institutions. There, the directorate of corruption and economic crimes has unfettered jurisdiction to institute and continue with investigations. Nothing less than the institution of such an independent investigative institution will satisfy the constitutional imperative of an open and transparent society.

It should be stated clearly that the DA abides by the Constitutional Court’s ruling. It does so unconditionally and unambiguously. This is required if one abides by the rule of law, which the DP and DA unwaveringly support. However, the fact that certain sections of the Act have been found to be unconstitutional does not mean that the ANC’s views should be accepted regarding the amendments that they have proposed. The debate therefore centres on how the Act should be amended to give effect to the Constitutional Court’s judgment.

We do not agree with the ANC’s views as to how the Act should be amended. We do agree with the Constitutional Court’s findings that the head of the Special Investigating Unit, in performing all functions relating to the purpose of recovering money for the state, is by its very nature partisan. I refer members to paragraph 40 on page 15 of the judgment.

The DA accepts the fact that a Judge cannot be appointed as the head of such a Unit. The question therefore arises as to whether the ANC’s view regarding the attributes required of a person heading the Unit is sufficient to ensure the appointment of a person with the necessary inherent abilities. The Constitutional Court made it clear that an investigating unit derives its jurisdiction from a proclamation issued by the President and is thus totally dependent on the boundaries set by the proclamation in the investigation of the allegations it is tasked to investigate.

In dealing with the issue, the Constitutional Court also indicated that the proclamation issued by the President might, at any time before the investigation is completed, be altered. It is thus clear that the special investigating units are instruments of the executive to recover state assets. It must be stated, once again, that the DA supports the principles set out by the Constitutional Court. It is, however, the inherent capabilities and requirements of the person to be appointed by the President to head such a Unit which is in dispute.

The DA agrees that the person to be appointed should be a South African citizen who, and I quote from the proposed amending Bill:

… with due regard to his or her experience, conscientiousness and integrity, is a fit and proper person to be entrusted with the responsibilities of that office …

This is, however, not good enough. It does not go far enough. Although these requirements are an absolute necessity, it is always required of this person to act with the necessary independence within the confines of his brief, which is the proclamation issued by the President in terms of which the Unit is established. This would ensure public confidence in the investigations and investigative procedures to which the Special Investigating Unit confines itself.

The head of the Unit investigates serious malpractice or maladministration in connection with the administration of state institutions. The public, therefore, has a right to demand that whichever investigating unit is proclaimed should, despite its master, in this instance the President, be able to act independently within the powers and authority granted to it. The President might have the power, firstly, to determine the boundaries of such investigation and, secondly, to determine what allegations are to be investigated, but should not be able to have an influence either directly or indirectly on the independence of the head of this Unit. That is so although the Special Investigating Unit, as stated by the Constitutional Court, acts in a partisan manner on behalf of the executive arm of Government.

The exercise of these functions should be done independently to ensure just and fair investigations into those persons, institutions and organisations being investigated and should be guided by the principles of natural justice required of an independently minded head. It is, therefore, with regard to this requirement of independence that the DA differs with the ANC’s views as to the requirements for the suitable person to be appointed. This, however, is not the end of the matter. The fact that the court viewed the investigating unit, constituted in terms of the Act, as an instrument of the executive to recover state assets leads to the view that a Judge should not be the head of such an executive instrument. That is so because it blurs the distinction between the judiciary and the executive.

In view of this, the DA is of the opinion that a permanent independent unit with inherent jurisdiction to investigate corruption should be created. It should be established as soon as possible, taking into consideration the two Private Members’ Bills as submitted by the DA. What the DA therefore requires is an Act that will grant inherent powers to a permanent unit to investigate, without fear or favour or possible interference by the executive, all cases of maladministration, corruption and serious malpractices within the administration of state institutions.

The DA will not abide by discussions and agreements reached between the ANC members of the committee and the Minister for Justice, as stated during the deliberations on this amending Bill. The portfolio committee should independently consider all Bills placed before the committee without the perceived influence of the Minister.

In conclusion, the DA’s opposition to this amending Bill should not in any way detract from our unqualified support for the fight against corruption, as evidenced by our initial support for the principal Act, as well as the following proposals before the acceptance of the Bill: Firstly, a permanent anticorruption unit should be established: secondly, inherent jurisdiction to investigate cases of corruption should be allocated; and thirdly, the unit should be placed as an independent institution deriving its power from an Act of Parliament.

As none of these issues have been provided for in the present amending Bill, the DA will be opposing the Bill. [Applause.]

Mr G B MAGWANISHE: Mr Chairperson and hon members, despite the fact that the majority of South Africans lead their lives while pursuing goals and ideals of a better life for all, there are people who believe in the notion of `all for myself and nothing for the nation’. They believe that the state is a big cow that should and must be milked. These people do not care, even if this cow could bleed to death, as long as they get what they want. These people use corruption and maladministration to defraud the state of its resources.

The money and the state assets that they embezzle is supposed to help mostly the poorest of the poor. These selfish people are the enemies of this democratic society. They are guilty of one of the most serious offences: crime against the poor. Because of these actions, there are people who go to bed without anything in their stomachs. Some people are denied access to basic necessities of life because funds, which Government has allocated for specific projects, are embezzled. This is the reason for fighting this evil with all our strength as Government.

It is important to realise that when trying to solve problems that are facing us as a nation, we must always solve them in a way that does not violate provisions of our Constitution. We need to address the moral degeneration of our society very vigorously. Legislation assists, but it is not the only weapons we have at our disposal. We need to build a nation of people with good morals, a nation of patriots and a nation that we can be proud of. Let our struggle to build a better life for all not be jeopardised by the selfishness of individuals. As young people we must have a special interest in fighting corruption because every rand that is lost through corruption or maladministration will result in a bleak future for ourselves.

To fight this corruption, a unit was established in terms of the Special Investigating Units and Special Tribunals Act of 1996, headed by Judge Heath. The object of this Act is to provide the mechanism by which serious allegations can be comprehensively and swiftly investigated. At the same time, it provides the means by which remedial steps, which would ordinarily have to be pursued through the courts of law, can be taken swiftly and cost effectively.

When this Act was passed there was a unity of purpose in this House, and that purpose was to fight corruption or maladministration. We all knew that this was not going to be an easy route, because there was nothing equivalent to this structure anywhere in the world. As a result, it might not be the last time that we amend this legislation. There were legal challenges to certain provisions of this Act. They were in the form of cases through the High Court and the Constitutional Court. One of these cases was Toto v Special Investigating Unit and Others, before the Eastern Cape Division of the High Court. The case was about the validity of proceedings instituted by the Special Investigating Unit against another person before a special tribunal in terms of section 2(1) of the Act. The question before the court was whether the SIU had the power to institute proceedings not conferred by its terms of reference, even though provision is made in the Act for the SIU to institute civil proceedings in the special tribunal.

The court held that a special tribunal did not have the authority to institute such legal proceedings, because the provisions of the proclamation did not confer authority to the SIU to bring proceedings before the special tribunal. Again, in the matter of Cohen and Others v Special Investigating Unit, before the Transkei Division of the High Court, the court held that the unit did not have the authority to institute proceedings not conferred by its terms of reference.

There are numerous legal issues involving the SIU that await adjudication at present, as there are various cases that are pending before the courts. These units can only investigate allegations of maladministration and unlawful and improper conduct on any of the grounds set out in section 2(2)(a) to (g) of the Act.

The President must first refer the matter to the Unit for investigation through a proclamation in the Gazette, in terms of section 2(1) of the Act, before the Unit can investigate the matter. I think that the learned Judge overlooked this section when he insisted that the Special Investigating Unit must be part of the investigation of the arms deal. There is no provision in the Act that allows the head of the Unit to receive information from the public and insist that the Unit must be part of the investigation. In fact, section 2(1) gives the President a discretion whether or not to appoint a special investigating unit.

In exercising that discretion, the President is guided by whether there is prima-facie evidence or not. Where there is no prima-facie evidence there is no basis for investigation. In terms of the ruling of the Constitutional Court in South African Association of Personal Injury Lawyers v Heath and Others that would constitute a fishing expedition which has been found to be unconstitutional.

There has been a lot of noise on this issue, even from the learned Judge. But noise does not answer the question: What is the basis for including the Heath Unit in the investigation? We must be able to distinguish between what the law says and our wishes. Some would have loved to see the Heath Unit as part of the investigation, even if there is no need for it. Again a wish and a need are different.

The pressure by the Judge and other people on the President to appoint the SIU to be part of the arms deal investigation was in fact pressure on the President to disregard the Constitution, the Special Investigating Units and Special Tribunals Act, No 74 1996, as well as the judgment of the Constitutional Court in the matter of South African Association of Personal Injury Lawyers v Heath and Others. In terms of our Constitution the President must be faithful to the Constitution and to the laws of this country. Fortunately, this is what he has done. As a constitutional democratic state, our laws must be within the ambit of our Constitution. It is important that people entrusted with public responsibility act within the ambit of the law. Failure to do that must not be condoned, directly or indirectly, by public representatives because of party-political point-scoring.

The speed with which we have moved to effect these amendments shows our commitment to constitutional democracy and our commitment to fighting corruption or maladministration in our country. We will only succeed if by our words and actions we become united in action to help our country succeed. We owe this commitment to ourselves and to future generations. [Applause.]

Mr M E MABETA: Mr Chairperson and hon members of Parliament, there is no doubt that the debate today is made all the more important by the controversy with regard to Judge Heath’s position as the head of the Special Investigating Unit, and the decision of the Constitutional Court on the role of a Judge as head of a Special Investigating Unit.

I would like to make it quite clear that we support this amending Bill on the basis that, unless we can stand together in the fight against corruption, irrespective of our party-political affiliation, everything we have worked for as a people will have been lost. Our approach in the debate is a simple one, namely that the executive has a constitutional prerogative to set up any specialised investigating unit to deal, in this specific instance, with the serious matter of white collar crimes, where big syndicates are able to siphon off millions of rands from funds of the state and thus undermine our efforts to transform and develop our country, especially as the theft of millions of rands from funds undermines our efforts to address the disparities created by the system we fought so hard to undermine, apartheid.

Government needs an effective tool instead of relying on the police alone. A simple indisputable fact is that the police cannot summon someone to come and give evidence. Therefore, as a specific investigating tool, the police is a limited instrument and not powerful enough. It is worth mentioning that this is a mechanism the state has never enjoyed before. The Constitutional Court has ruled that a judge cannot head any investigating unit because his job is to sit as a judge. Someone else must head the unit.

We believe that the fact that there is going to be further discussion of the specific processes to be followed with respect to the selection of the person involved, gives enough room for us to make sure that the executive cannot use this specific unit to look away where corruption is suspected within Government. We therefore call for a vigorous and transparent election system. Our Constitution spells out the separation of powers clearly. The quality and capacity of the investigating unit becomes a critical factor in the usefulness of such a unit.

We believe that the Minister has the responsibility to make sure at all costs that …

… asizi kuvuka kukho umntu ophethe icandelo eqhushekwe ngobusuku. Nokuba kunzima kangakanani na ukukhetha loo mntu kubalulekile ukuba le nkqubo yenziwe elubala ngakumbi ngokubhekisele kule ntetho ivela kweli cala, ukuba le nkqubo mayenziwe ebaleni … (Translation of Xhosa paragraph follows.)

[… we do not wake up in the morning to find somebody new as a director of a department who was smuggled into that position during the night. No matter how difficult it is to choose that kind of person, it is important that this process is conducted transparently, especially considering the comments coming from this side …]

… so that the selection of the person to head the Unit is not seen as part of the alleged Government agenda. This will make the unit not police itself.

We therefore would like to stress the point that other parties and interested stakeholders must be involved in the selection of this person, and that whereas the President has the final say on the decision as to who is going to head the Unit, it must be seen by ordinary South Africans to have gone through a process which lays the suspicions surrounding Heath’s position to rest once and for all, so that we can deal with the transformation process in South Africa, which is what we are all here for. [Applause.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon members, it is the right of each member to have his name correctly pronounced. If the Chair errs in any way, kindly feel free to draw the Chair’s attention to this so that your name is pronounced correctly. I think the Chair owes you that. So, if any member does feel strongly about this, please draw the attention of the Chair to it. An HON MEMBER: Momberg!

Mr S N SWART: Deputy Chair, the name is Swart. [Laughter.] When considering the appropriate amendment to bring the Act in line with the Constitution following the Constitutional Court judgment, it is fundamental to bear in mind that we are dealing here with public perception. The public at large might not yet have grasped the legal implications of the judgment, namely that the Unit is an executive structure, unlike the independent Chapter 9 constitutional organs, such as the Public Protector. The public perceive Judge Heath and the Unit to be highly competent and seriously independent in investigating and recovering state assets and to be particularly effective in the fight against corruption.

The Constitutional Court stated that the legislation had been drafted on the basis that the head of the Unit would control its activities and would be a person of integrity and independence. Furthermore, the court went on to say that if that person cannot be a Judge other criteria must be set for measuring the independence and integrity of the person to be appointed to that office''. The wordsindependence and integrity’’ used here must, however, be seen in the context that the functions that the head of the Unit has to perform are executive. Furthermore, by their very nature, the court went on to say ``such functions are partisan’’.

It is against this background that the ACDP proposed the qualification of the word ``impartiality’’, as we believe this should be a further guide to the appointing authority. However, this suggestion was rejected by the committee. But notwithstanding this rejection, the ACDP fully appreciates the enormous responsibility that the head of this Unit carries, and wishes to avoid any situation that would, in any way, delegitimise and, thereby, demoralise the new head of this Unit.

Furthermore, we are aware that the structure of the Act and all its provisions will be revisited soon, in accordance with the provisions of the Constitutional Court. Consequently, the ACDP supports this amending Bill. [Applause.]

Dr C P MULDER: Chairperson, perceptions play a very vital role in politics.

Die persepsie bestaan dat die agb Minister en regter Willem Heath nie noodwendig die beste verhouding het in Suid-Afrika nie. Daardie persepsie is onder andere gebaseer op die feit dat dit gehandel het oor fondse - `` more or less funds for this unit’’.

Die Konstitusionele Hof se uitspraak van verlede November was waarskynlik soos manna uit die hemel vir die agb Minister, want dit het die situasie rondom regter Heath makliker gemaak om te hanteer. Aan die een kant het ‘n mens die tegniese situasie in terme waarvan die wysigingswetsontwerp vandag voor die Parlement dien en daarmee kan ‘n mens nie fout vind nie. Wat opval, is die feit dat alhoewel die hofuitspraak gemaak is in November verlede jaar … (Translation of Afrikaans paragraphs follows.)

[There is a perception that the hon the Minister and Judge Willem Heath do not necessarily have the best relationship in South Africa. That perception is based, among other things, on the fact that it concerned funds - ``more or less funds for this unit’’.

The judgment of the Constitutional Court in November last year was probably like manna from heaven for the hon the Minister, because it made the situation regarding Judge Heath easier to deal with. On the one hand one has the technical situation in terms of which the amending Bill is before Parliament today, and one cannot find fault with that. What strikes one is the fact that although the judgment was made in November last year …]

… and although the Constitutional Court gave the department one year to correct the problem, it is almost one of the first Acts of Parliament to be passed this year to correct this problem, or this alleged problem.

Nou die vraag wat ontstaan, lui soos volg: [The question which now arises, is the following:]

If Judge Heath resigns today, he would then qualify in terms of the Constitutional Court judgment, as well as in terms of the amending Bill, to be heard regarding the Special Investigative Unit. So, the question now arises: If Judge Heath were to resign and he was no longer a Judge, would the hon the Minister, under such circumstances, support the reappointment of the then Mr Heath, and no longer Judge Heath, as the head of the Unit or not?

Mr P H K DITSHETELO: Deputy Chairperson, the ruling by the Constitutional Court that a Judge cannot head the Unit is technical and, therefore, does not prevent the Unit from continuing with its mandate.

It is important that the ruling of the Constitutional Court is consistent with the interpretation of future laws to ensure that there is consistency for current and future tribunals so that their powers are interpreted unambiguously. The current problem was precipitated by Heath’s Special Investigating Unit, because of its expressed interest to be part of the probe. This has given rise to Heath’s role being questioned.

The fact that the Unit was specifically commissioned to investigate specific public tasks related to Government’s maladministration and corruption and that it was neutral to the arms deal probe, should have put it within its scope. Hence the Portfolio Committee on Public Accounts did make suggestions and recommendations to the House that the Heath commission should be included in the investigation. This bears testimony to the implied powers of the Unit prior to the constitutional and executive challenge for its exclusion from the arms deal probe involving other investigating units, like the Office of the Public Protector, the Auditor- General and the Director of Public Prosecutions.

It is also crucial that we specify that the head of any future tribunal should not be a Judge. But this should not prevent any skilled Judge from being appointed as a head of any tribunal, because of his background as a Judge. We need to say that any Judge, if appointedÿ.ÿ.ÿ. [Time expired.]

Mr G SOLOMON: Mr Chairperson, over the past few months, much drama has erupted around the Special Investigating Unit headed by the hon Judge Heath. The DA seems to continue to create drama around the Special Investigating Unit. A recent media report describes the issue as

… a matrix of lies, distortions, half-truths, innuendo, rumours sensationalised in the media by a plethora of journalists and commentators, creating obfuscation and confusion, it seems, mostly through a lack of information and bad communication but sometimes it seems, even intentionally.

This, unfortunately, resulted in misunderstandings, misconceptions and misperceptions about the Unit, its purpose and function. Be that as it may, what is the Special Investigating Unit in question? The SIU is an extraordinary mechanism created by the Special Investigating Units and Special Tribunals Act, Act 74 of 1996, the amendment of which is before this House, to investigate, by proclamation of the President, corruption and unlawful conduct involving state institutions, state property and public money.

Its function, according to its own mission statement is, and I quote:

… to provide the highest quality of forensic investigation and litigation service to all state institutions at national, provincial and local levels.

The activities of the Unit are therefore designed to effectively combat maladministration, corruption and fraud involving the administration of state institutions in order to protect assets and public money of the state and to recover these, where necessary, in the most cost-effective way on behalf of the state.

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon Deputy Minister of Foreign Affairs and all other hon members who have a lot of private business, I have indicated to you that you are very welcome to take that outside the Chamber and allow matters here to proceed. Those who wish to leave may, so that the speaker at the podium can have your undivided attention. You may proceed.

Mr G SOLOMON: Section 2(2) of the Act enumerates the circumstances that have to pertain before the President may exercise his powers to create a unit or a tribunal. These circumstances confirm the restricted parameters within which the SIU is legally allowed to operate.

On the basis of the above, I think it is correct to state that the SIU cannot be used for fraud and corruption, in general. It will open itself up to litigation, as has happened now. It is a unique structure set up by means of legislation by the executive of the Government for the specific task of recovery of money or property lost by the state through maladministration, fraud and corruption by institutions or persons in the employ of the state.

It is unfortunate that the opposition parties, particularly the Official Opposition, deliberately created drama around the SIU and the hon Judge Heath in order to exploit the situation for political purposes, creating all sorts of negative perceptions in the minds of the general public that the Government is covering up fraud and corruption, and is undermining the SIU led by the hon Judge Heath. This is far from the truth.

To accede to the unjustified demands of the opposition would, in effect, be to undermine the judgment of the highest court in our land, the Constitutional Court, in recent cases pertaining to the SIU headed by the hon Judge Heath. This Government, led by the ANC, will never condone any such action. We will firmly uphold the independence of the judiciary, and will amend the law in conformity with the judgment of the highest court in our land, namely the Constitutional Court.

Let us now come to fraud and corruption in general, and deal with the preposterous statement by the hon Sheila Camerer that this Government is soft on crime and corruption. Since its inception, this democratic Government, led by the ANC, has focused its attention on the matter of corruption. In conceptualising corruption, the Government’s vision is an anticorruption regime in tandem with an overview of good governance. We must understand the correlation between corruption and good governance as two opposing forces to establish democracy and socioeconomic justice.

As a basis for this vision, the democratic Constitution makes provision for a number of independent Chapter 9 institutions which could be utilised, and are utilised, to combat serious maladministration, fraud and corruption and also the misappropriation of state assets and money. These are: The Office for Serious Economic Offences, the Public Protector and, in addition, the commissions of inquiry, the office of the Auditor-General, the SA Police, the National Director of Public Prosecutions and the courts of law.

In the conceptualisation of corruption, it is necessary to understand that corruption is not a problem specific to the public sector and, in particular, to the actions and attitudes of politicians and civil servants, but one that reaches far wider. However, the problems and challenges in the public sector are the priority of this Government in terms of good governance and the delivery of services to the people.

This amendment is specific to the continuance and the existence of this unique Unit which was led by Judge Heath. What we are saying is that corruption is a societal problem and any anticorruption strategy should involve both public and private sectors, and this came out very clearly in the international and national anticorruption conferences held in South Africa recently.

Combating corruption should be a collective and sustained effort. There is a place and a role for a variety of role-players and mechanisms, each making its own contribution towards addressing the abuse of public or corporate power. No single role-player can address the problem sufficiently and adequately on its own.

The clear intention of the Government is to fight fraud and corruption at all levels, as is also indicated by legislation passed through this House to deal with the matter. Among these are the Prevention of Organised Crime Second Amendment Act and the establishment of an Asset Forfeiture Unit in the office of the National Director of Public Prosecutions. Nobody in this House can deny the successes of this institution in vigorously going after the ill-gotten gains of criminals who are corrupting both the public and the private sectors in our society.

Then there is the Promotion of Access to Information Act of 2000. This right to access to information held by both the state and the private sector is unique in the world, according to public administration experts in South Africa. We are the first developing country to pass such a law. Whilst the opposition might disagree with some of the checks and balances that protect certain information held by Cabinet and judicial functions of the court, they cannot deny that this piece of legislation will assist greatly in eradicating corruption, establishing good governance and improving the lives of the people of South Africa.

Another piece of legislation in this regard, which goes beyond international best practice, is the Protected Disclosures Act of 2000. In order to prevent corruption in both the public and the private sector and raise the level of public morality, honest employees are given protection if they blow the whistle on corrupt colleagues and bosses by following a particular route and provided that the disclosure is shown to be motivated by good faith and reasonable belief, is substantially true and is not made for personal gain. This is certainly a crucial weapon in the fight against corruption and an opportunity for ordinary workers to make a vital contribution to this societal scourge of fraud and corruption.

This Government has done more than enough and will do more to strengthen its anticorruption armoury. Constitutionally, legislatively and institutionally, South Africa is more than ready to tackle the problem of fraud and corruption which will enable it to hit hard, high and wide, in order to establish a culture of good governance in both the public and the private sector in order to create a better life for all in South Africa. The only obstacle is the unco-operative and negative attitude of the DA in this House. [Applause.]

Miss S RAJBALLY: Madam Speaker, the main objective of the amending Bill is for the President to appoint someone other that a Judge as the head of the Special Investigating Unit. This is due to a judgment delivered by the Constitutional Court on 28 November 2000 in the case of SA Association of Personal Injury Lawyers v Heath and Others that found the President’s appointment of a Judge to be in contravention of section 3(1) of Act 74 of 1996 and of the Constitution.

The MF supports and welcomes the new amendment, which states that the President must appoint a South African citizen as the head of a Special Investigating Unit. This allows citizens other than a Judge to have an equal opportunity to aspects regarding judicial powers of this state.

In terms of the provisions of section 2 of Act 74 of 1996, the Special Investigating Unit was entrusted with the responsibility to deal with the whole spectrum of clean administration and the protection of the interests of the public with regard to public money and public property. The provisions of section 2 cover a wide range of unlawful activities, and maladministration.

The Special Tribunals were established in terms of section 2 of the Act. Judges of the tribunal are required to adjudicate on matters pertaining to inadequate administration, against a background of allegations of maladministration, corruption, etc, linked to the loss of state money and assets, which impacts directly or indirectly on the citizens of South Africa.

The MF commends the manner of operation of the Unit, which has specifically designed infrastructure to deal with sophisticated malpractice with regard to the misappropriation of public money and assets, money laundering and the squandering of money, in order to equip the members of the Unit to investigate cleverly devised activities of syndicates. Recently, South Africa has been experiencing … [Time expired.] [Applause.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! May I just make the point that when members are dealing with an amending Bill, they may not traverse the territory of the principal Act. Members need to confine their remarks to the nature of the amendments that are before the House. While we have allowed some latitude today, generally the scope of debate should be confined to the area of the amendments.

Mnr C AUCAMP: Voorsitter, die wysigingswetsontwerp skep altevol die indruk van dít waarteen die Bybel ons waarsku, ‘n mens sit nie ‘n ou lap op ‘n nuwe kleed nie. Ek kry die indruk dat hier ‘n stukkie lapwerk aan ‘n bestaande wet gedoen word, terwyl die hele struktuur van die spesiale ondersoekeenheid aangepas moes word om aan die vereistes van die Konstitusionele Hof te voldoen.

Die bedoeling van die bestaande wet, met die vereiste dat die hoof van die ondersoekeenheid ‘n regter of oudregter moet wees, is duidelik die grootste mate van onafhanklikheid en onpartydigheid moet aan die pos gekoppel word. Dit is eienskappe wat in die besonder aan regters toegeskryf kan word wat reeds deur die Regterlike Dienstekommissie geweeg en sodanig bevind is.

Die Konstitusionele Hof het nou die probleem uitgewys. ‘n Regter kan nie in dié pos dien nie, want in wese behoort dit tot die uitvoerende gesag. Hier kom die beginsel van die trias politica in gedrang.

Nou kom die stukkie lapwerk: Die wysigingswetsontwerp verander bloot regter'' na‘n geskikte persoon’’. Daar is wel objektiewe maatstawe waaraan so ‘n persoon moet voldoen, maar dié maatstawe word, volgens die wysigingswetsontwerp, deur die subjektiewe oordeel van die President self toegepas. In die proses verloor die eenheid ook sy objektiewe beeld en die onafhanklikheid wat dit in die verlede gehad het. Dit is belangrike aspekte want, soos in die verlede, kan ook die Regering aan ondersoeke van die eenheid onderwerp word. ‘n Veel deegliker en omvattender wysiging moes aangebring word.

Maatreëls moes ingebou word wat nie die onafhanklikheid van die hoof van dié eenheid aan subjektiewe oordeel uitlewer nie. In plaas daarvan, is die nuwe lap bloot oorhaastig op die ou kleed geplak.

Ek kan nie help om die indruk te kry dat die lapwerk te wyte is aan onnodige oorhaastigheid nie. Die Konstitusionele Hof het tot 27 November 2001 tyd gegee om die saak reg te stel. Ander wette, soos die vier wat die Grondwet vereis en wat ons in Februarie verlede jaar goedgekeur het, is enkele dae voor die sperdatum afgehandel, maar dié een sommer dadelik.

Was die oorhaastigheid daaraan te wyte dat die wet ‘n probleem is, of is dit dat regter Heath te lastig geraak het in die objektiewe, deurdringende wyse waarop hy die sinkplaat ook vir die Regering warm gemaak het? Die AEB kan nie die wysigingswetsontwerp in sy gebrekkige formaat steun nie. (Translation of Afrikaans speech follows.)

[Mr C AUCAMP: Mr Chairman, the amending Bill very much creates the impression of what the Bible warns us against, namely that one does not sew a new patch onto an old robe. I get the impression that some patching is being done to an existing Act, while the whole structure of the Special Investigating Unit should have been adjusted to comply with the requirements of the Constitutional Court.

The aim of the existing Act, which has the requirement that the head of the investigating unit should be a judge or former judge, is clearly that the greatest degree of independence and impartiality should be attached to the post. These are characteristics that can specifically be attached to judges who have already been assessed by the Judicial Services Commission and found to be just that.

The Constitutional Court has now identified the problem. A judge cannot serve in this position, because in essence it belongs with the executive. The principle of trias politicas is being jeopardised here. Now for the patching: The amending Bill merely changes judge'' toa suitable person’’. There are in fact objective criteria with which such a person should comply, but, in terms of the amending Bill, those criteria are applied by the subjective judgment of the President himself.

In the process the Unit also loses its objective image and the independence that it had in the past. These are important aspects because, as in the past, the Government could also be subjected to investigation by the Unit. A much more thorough and comprehensive amendment should have been effected.

Measures should have been built in which do not subject the independence of the head of the Unit to subjective judgment. Instead of this the new patch has simply been sewn onto the old robe overhastily.

I cannot help getting the impression that the patching is the result of unnecessary overhastiness. The Constitutional Court gave until 27 November 2001 as the deadline to rectify the matter. Other laws, such as the four required by the Constitution, which we approved in February last year, were completed a few days before the cut-off date, but this one was dealt with immediately.

Could this overhastiness be blamed on the fact that the Act is a problem or is it that Judge Heath became too troublesome in the objective, in-depth manner in which he also made life very difficult for the Government?

The AEB cannot support the amending Bill in its defective format.]

Prof L B G NDABANDABA: Mr Chairperson, hon members, the IFP respects and supports the Constitutional Court’s decision in respect of the Special Investigating Units. Having said that, I wish to state that the importance of such a Unit in the fight against corruption is that it enables South Africans to enter into the important dialogue and action about ways and means of fighting corruption.

Our Government has become resolutely alert to the weakening of the national moral fibre brought about by corruption in this country. The Special Investigating Unit, with a new head, as proposed by the Bill, will still remain an asset to the country as a whole and to the Government’s campaign against corruption, as illustrated by the anticorruption initiative which initially involved the Public Service Commission when it organised the public-sector anticorruption conference and the national summit, at which relevant stakeholders deliberated on measures with which all South Africans could work towards a higher moral purpose.

The comments of the General Council of the Bar of SA are also interesting. They recognise the Constitutional Court’s judgment to amend the Special Investigating Units and Special Tribunals Act. They see no reason why a Special Tribunal cannot be constituted in a manner that will enable it to hear applications for an interdict or suspension order on an ex parte and agent basis.

We sincerely hope that the amendments, to the extent that they remove the obligation to appoint either a Judge or an acting Judge to the position, will widen the scope or net, to find a variety of persons who are not only fit and proper, but also credible and impartial. We believe therefore that the Unit will add value to other institutions which fight corruption in South Africa. We also believe that corruption must be attacked head-on, not politicised. The IFP supports the Bill.

Mr L T LANDERS: Chairperson, it is a privilege to follow on the hon Prof Ndabandaba.

The DA never let the facts get in the way of a good story. [Interjections.] They would have us believe that they have prioritised the fight against corruption, yet in this instance they are opposing this Bill because they have failed to accept a few pertinent facts.

Notwithstanding the fact that the Constitutional Court has confirmed that the Special Investigating Unit is an instrument of the executive, the DA now expects this House not to comply with an order of that Court. The NP wanted some kind of reference to the word independent'' included in the requirements for the person to be appointed. It has been argued that the reference toexperience’’, conscientiousness'' andintegrity’’ as well as ``a fit and proper person’’ are sufficient.

Going back to the Chapter 9 institutions, the requirements for all of them is a fit and proper person''. The only additional requirement in the Constitution is for the Auditor-General to have specialised knowledge or experience in auditing state finances. This begs the question: Why must the head of the Special Investigating Unit, which is not a Chapter 9 institution, have the requirement ofindependence’’ when others do not?

What the National Assembly is witnessing today is the executive and the legislature succumbing to an injunction from the highest court of our land, namely the Constitutional Court. We reiterate that we accept and respect the Constitutional Court’s judgment in the matter between SA Association of Personal Injury Lawyers v Heath and Others.

The Bill before this House is a direct manifestation of that acceptance. Much has been said and speculated on before and after the Constitutional Court ruling about the role, purpose and function of the Special Investigating Unit, as provided for in the principal Act. What cannot be disputed is the fact that the Special Investigating Unit, in its present form or as it will be constituted when this Bill becomes law, is unique in the world. What also cannot be disputed is the fact that the primary purpose of the Special Investigating Unit is to speedily, efficiently and effectively recover state assets that may have been stolen or defrauded.

The principle Act provides that this must be done using civil litigation instead of criminal litigation. The specialised body created in the law for this purpose is the Special Tribunal which, in terms of the principal Act, only has civil jurisdiction as opposed to criminal jurisdiction. In other words, once an investigation has been completed by the SIU and referred to the Special Tribunal for adjudication, any criminal matters emanating from such investigation must be referred to the prosecuting authority for them to deal with in terms of their criminal jurisdiction.

Let us understand this clearly: The head of the SIU and the SIU itself do not have criminal jurisdiction. It is significant that the Constitutional Court stressed the point in its judgment that the Special Investigating Unit is an instrument of the executive. As such, any investigating unit appointed by our President in terms of this Act is answerable and responsible to the executive, and obtains its mandate from that executive. What this means in effect is that an ordinary person, while they may approach the head of the SIU, cannot, as a result, automatically expect an investigation to ensue.

The history of how this matter came before the Constitutional Court is common knowledge. In response to allegations that certain lawyers were allegedly defrauding their clients of money due to them from claims made to the Road Accident Fund, a proclamation was issued to the Special Investigating Unit for the investigation of those allegations. In turn, the SA Association of Personal Injury Lawyers took this matter to the Constitutional Court. What is regrettable about this matter, however, is that the legal profession has not seized this perfect opportunity to comprehensively and effectively deal with these allegations and thereby gain the respect and confidence of the public - something that the legal profession sorely lacks.

We want to say that we share the appreciation expressed by the hon the Minister for the hon Judge Heath. But we want to say that by opposing this Bill, the DA has shown its allegiance to Judge Heath and not to the Special Investigating Unit. [Interjections.] It brings to mind the column in the City Press called ``Siyahleba’’, dated 21 January 2001, which reads as follows and I quote:

Judge Willem Heath is, it seems, the only honest person in South Africa. Nobody else, not even President Mbeki, can be believed, according to the Heath lobbyists.

Not since the death of Jesus 2 000 ages ago has there been such an honest, trustworthy person. So when the Cholera Commission is formed, give it to Heath, or we’ll never know the truth. Fire Judge King from the Hansie Commission and give it to Heath (quiver Hansie, quiver).

When the Beer Price-Monopoly Commission is formed, give it to Heath - every other judge, politician and prosecutor is too drunk to be believed, and they’re too bribable.

When the DA Jobs-for-Pals Commission springs into action, give it to Heath if you want to find out the truth. That should keep him busy. In this nation of crooks and liars, Heath is synonymous with honesty, integrity, Jesus.

Anoint him, ye nation of sinners! [Interjections.] One aspect of the Constitutional Court’s judgment that needs to be addressed deals with other judgments of the Court and the Special Tribunals. The Constitutional Court refers to the fact that the Special Investigating Unit has been held to have -

… exceeded its jurisdiction and has undertaken recoveries beyond its powers.

In paragraph 67 of its judgment, the Constitutional Court goes on to state:

As amending legislation will be required to address the matters decided by this judgment, the state may wish to consider other issues relating to the structure of the Act and its provisions.

The Constitutional Court refers to the cases Nalesen v Special Investigating Unit, Cohen and Others v the Special Investigating Unit, and Toto v Special Investigating Unit to further illustrate their point.

I want to make reference to the judgment of the Special Tribunal held in East London on 29 June 2000 where the Special Investigating Unit purportedly brought forward a dispute between the local authorities of Port St John’s, Qumbu, Engcobo and Cala and certain ratepayers who had fallen into arrears with their rates. Justice Pickard, for the tribunal, in his judgment, is scathing in his criticism of the SIU and the head of the Unit for, amongst other things -

… acting as a state debt collection agency without the knowledge of the state bodies and institutions on whose behalf it purports to be collecting such debt.

On page 52 of the judgment, Justice Pickard says the following:

Nowhere in the Act is there any suggestion that the purpose of the unit is also to collect debts or enforce obligations on behalf of state institutions. Nothing in this section suggests in any way that the unit was or could be created to recover money or assets or to unilaterally set right what it finds to be wrong. Its purpose is to investigate and report and institute proceedings before the tribunal to resolve disputes for purposes of an accurate report. On page 54, he goes on to say:

If the unit was intended to act as the debt collector for state institutions, one would have expected at least a provision providing therefor, and not a provision for referral to the institution or state attorney, as in section 57.

Justice Pickard goes on to criticise the Unit for bringing matters to the Special Tribunal for adjudication purportedly on behalf of state bodies and institutions while such bodies, it appears, had no knowledge that the SIU was doing so on their behalf. The head of the Special Investigating Unit also delegated powers given to him by the Act to members of his Unit, which seemed to be a licence for these members to investigate cases which their head did not know about.

On page 50 of the judgment, Justice Pickard says the following:

The unit was not created to oversee the functions and actions of institutions and departments which must be assumed to know what they need to do. Once the unit has reported the results of its investigation, one may assume that the heads of departments, institutions, Ministers, state attorneys and the like will be in a position to make their own decisions regarding what needs to be done or recovered.

This judgment by the Special Tribunal as well as the judgments in the cases that have already been referred to all need to be addressed by the executive and this legislature so that the work of the Special Investigating Unit can be more effective and efficient, and we appreciate the comments by the hon the Minister in his introductory remarks to the effect that this House can expect amending legislation in this regard.

We support this amending Bill. [Applause.]

The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, hon members have actually covered quite a number of the aspects that I thought I would have to respond to. In particular, I want to thank members such as the hon member Solomon and the last speaker for dealing with the so-called lack of seriousness on the part of Government in dealing with corruption. Those who want to be taken seriously, who are not just throwing around dollops of nonsensical propaganda, will acknowledge that quite a number of innovative things have been done since 1994 by this Government to deal with the problem of corruption.

There are new laws and institutions that this country did not have at all before we came into office. These institutions are doing work of sterling quality. For the first time the criminal element in this country knows that the chances of benefiting from crime have been reduced in terms of the law, because assets derived from crime are being seized. This never happened before. But I do not want to dwell on that.

A very interesting question has been raised with regard to independence, but no one was prepared to say independent of whom.

An HON MEMBER: The Government, for a start.

The MINISTER: No, it cannot be, for God’s sake. Listen carefully to what Judge Arthur Chaskalson says in his judgment. He says in paragraph 40:

The functions the head of the SIU has to perform are all related to the purpose of recovering money for the state, if necessary, through litigation. By their very nature, such functions are partisan. The judge cannot distance himself or herself from the actions of the SIU investigators. The evidence in this case provides illustrations of partisan conduct on the part of investigators of the SIU, which are inconsistent with the judicial office.

It is accepted that this is an instrument in the hands of the executive to deal with intractable problems of serious maladministration. [Interjections.]

Now, another question that has been asked is: why the haste? Fortunately, the gods are smiling on the likes of me, because the answer is provided in the same judgment. [Interjections.] Listen carefully. In paragraph 69 the learned President of the Constitutional Court has the following to say:

If the legislature wishes to address all the issues raised in this and other decisions concerning the constitutionality of the Act, that may take a significant period of time. Less time will however be needed for an amendment to address the declarations of unconstitutionality made in relation to section 31 and Proclamation R24 and to appoint a functionary other than a judge to head the SIU. These are the only declarations that are to be suspended. Although there may be reasons for allowing sufficient time for all matters to be dealt with simultaneously, there are good reasons for the first respondent’s position as head of the SIU to be regularised without undue delay.

There is no haste on our part. We are complying solely with this judgment. We have been asked again whether I would support Mr Heath, as opposed to the appointment of a Judge. I cannot give that undertaking. According to this law, the appointment is made by the President. I cannot make it, and it has nothing to do with the personality of Judge Heath. [Interjections.] The fact of the matter is that Parliament, in its wisdom, vested this power in the head of state. I am not the head of state.

Again I wish to say … [Interjections.] Please listen. It is interesting that when it comes to independence, the Act does use the phrase ``independent and impartial’’, but this is only with regard to the Special Tribunal in section 81 of the Act. I think this is deliberate. These were the words that this collective of leadership chose when we thought it was convenient to do so. If we want to change it, let us debate that. [Applause.]

Debate concluded.

Bill read a second time (Democratic Party, New National Party and Afrikaner Eenheidsbeweging dissenting).

The House adjourned at 17:29. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                       THURSDAY, 22 MARCH 2001

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

  1. The Speaker and the Chairperson:
 Reports of the Auditor-General on the -


 (a)    Financial Statements of Mines and Works Compensation Fund for
     1999-2000 [RP 10-2001];


 (b)    Accounts of the Transkei Electricity Supply Corporation for 1994-
     95, 1995-96, 1996-97 and for 1 April to 31 December 1997 [RP 184-
     2000].

                        FRIDAY, 23 MARCH 2001

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

  1. The Speaker and the Chairperson:
 (1)    The following Bill was introduced in the National Assembly on 23
     March 2001 and referred to the Joint Tagging Mechanism (JTM) for
     classification in terms of Joint Rule 160:


     (i)     Supreme Court Decree, 1990 (Ciskei) Amendment Bill [B 15 -
          2001] (National Assembly - sec 75) - (Portfolio Committee on
          Justice and Constitutional Development - National Assembly)
          [Explanatory summary of Bill and prior notice of its
          introduction published in Government Gazette No 22156 of 19
          March 2001.]
  1. The Speaker and the Chairperson:
 The following papers have been tabled and are now referred to the
 relevant committees as mentioned below:


 (1)    The following paper is referred to the Portfolio Committee on
     Finance and the Select Committee on Finance. The Report of the
     Auditor-General contained in the following paper is referred to
     the Standing Committee on Public Accounts for consideration and
     report:


     Report and Financial Statements of the South African Revenue
     Service for 1999-2000, including Reports of the Auditor-General on
     the Financial Statements of the South African Revenue Service:
     Administered Revenue and Financial Statements of the South African
     Revenue Service: Own Accounts for 1999-2000.


 (2)    The following papers are referred to the Portfolio Committee on
     Trade and Industry and the Select Committee on Economic Affairs:


     (a)     Framework Agreement for the creation of a Free Trade Area
          between Mercosul and the Republic of South Africa, tabled in
          terms of section 231(3) of the Constitution, 1996.


     (b)     Explanatory Memorandum to the Framework Agreement.


 (3)    The following papers are referred to the Portfolo Committee on
     Provincial and Local Government and the Select Committee on Local
     Government and Administration:


     (a)     Report and Financial Statement of the Board for Municipal
          Accountants for 1998-99.


     (b)     Report and Financial Statement of the Board for Municipal
          Accountants for 1999-2000.


 (4)    The following paper is referred to the Standing Committee on
     Public Accounts for consideration and report. It is also referred
     to the Portfolio Committee on Public Enterprises and the Select
     Committee on Labour and Public Enterprises for information:


     Report of the Auditor-General on the Financial Statements of Vote
     24 - Public Enterprises for 1999-2000 [RP 133-2000].


 (5)    The following papers are referred to the Portfolio Committee on
     Education and the Select Committee on Education and Recreation:


     (a)     Government Notice No 1195 published in Government Gazette
          No 21783 dated 22 November 2000, Education Laws Amendment Act,
          2000 (Act No 53 of 2000).


     (b)     Government Notice No 1196 published in Government Gazette
          No 21784 dated 22 November 2000, Higher Education Amendment
          Act, 2000 (Act No 54 of 2000).


     (c)     Government Notice No 1355 published in Government Gazette
          No 21783 dated 13 December 2000, Adult Basic Education and
          Training Act, 2000 (Act No 52 of 2000).


     (d)     Government Notice No 73 published in Government Gazette No
          22002 dated 22 January 2001, Amendment of Statute of the
          University of Venda, made in terms of section 32 of the Higher
          Education Act, 1997 (Act No 101 of 1997).


     (e)     Government Notice No 74 published in Government Gazette No
          22003 dated 22 January 2001,    Amendment of Statute of the
          Technikon Free State, made in terms of section 32 of the
          Higher Education Act, 1997 (Act No 101 of 1997).


     (f)     Government Notice No 75 published in Government Gazette No
          22004 dated 22 January 2001,    Amendment of Statute of the
          Technikon Natal, made in terms of section 32 of the Higher
          Education Act, 1997 (Act No 101 of 1997).


     (g)     Government Notice No 121 published in Government Gazette
          No 22031 dated 9 February 2001, Item for inclusion as an
          addendum to the National Policy on the Conduct of Senior
          Certificate Examination: Supplementary Examination, made in
          terms of section 3(4)(1) of the National Education Policy Act,
          1996 (Act No 27 of 1996).


     (h)     Government Notice No 122 published in Government Gazette
          No 22031 dated 9 February 2001, Item for inclusion as an
          addendum to the National Policy on the Conduct of Senior
          Certificate Examination: Memorandum, made in terms of section
          3(4)(1) of the National Education Policy Act, 1996 (Act No 27
          of 1996).


     (i)     Government Notice No 123 published in Government Gazette
          No 22031 dated 9 February 2001, Item for inclusion as an
          addendum to the National Policy on the Conduct of Senior
          Certificate Examination: Meetings of Examiners and Moderators,
          made in terms of section 3(4)(1) of the National Education
          Policy Act, 1996 (Act No 27 of 1996).

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

  1. The Speaker and the Chairperson:
 Reports of the Auditor-General on the -


 (a)    Report of the Auditor-General on the Financial Statements of the
     Refugee Relief Fund for 1999-2000 [RP 12-2001].


 (b)    Report of the Auditor-General on the Financial Statements of the
     High School Vorentoe Disaster Fund for 1999-2000 [RP 13-2001].

National Assembly:

Bills:

  1. The Minister of Finance:

    1) Wetsontwerp op die Verdeling van Inkomste [W 11 - 2001].

    The Division of Revenue Bill [B 11 - 2000] (National Assembly - sec 76) was introduced by the Minister of Finance on 21 February 2001 and referred to the Portfolio Committee on Finance.

COMMITTEE REPORTS:

National Assembly:

  1. Report of the Portfolio Committee on Education on Study Tour to Australia and New Zealand, dated 6 March 2001: A. Introduction

    A delegation from the Portfolio Committee on Education undertook a study tour to Australia and New Zealand from 23 June to 6 July 2000, with the following mandate:

    1. Objectives of tour

      In a meeting on 27 October 1999 the Committee unanimously agreed that a delegation undertake a study tour to Australia and New Zealand, with the following objectives:

      (1) To study outcomes-based education (OBE): Conceptualisation policy practice (implementation); curriculum development; development of learning and teaching materials; teacher training and assessment.

      (2) To study student financial assistance for further education and training in higher education.

      (3) To study the use of information technology in education.

    2. Specific interests

      Specific interests included the link between universities and Parliament; university and research funding; university involvement in distance education; registration and accrediation regarding institutions of higher learning; quality assurance programmes; are teacher training colleges attached to universities and stand-alones?; student funding/government bursaries; and student exchange programmes with South Africa.

      Committees play a vital role in promoting co-operative governance between provinces and the central government, thereby improving the quality of life of every citizen at grassroots level. As both countries have extensive experience on OBE, the delegation focused mainly on the shortcomings and successes and the implementation of OBE in the respective education systems.

    3. Delegation

      The multi-party delegation, under the leadership of the Committee’s chairperson, Prof S M Mayatula, included Mr R P Z van den Heever, Mr L M Kgwele, Ms P N Mnandi, Mr S J de Beer, Adv A H Gaum, Mr M J Ellis and Ms N C Manjezi (Committee Secretary). Mr Ellis left the delegation after the third day of the official business for health reasons, while Adv Gaum joined the delegation after the first day, due to pressing engagement with his party.

      An attempt was made to obtain a valued balanced view, with input from various sources, like the Ministers of Education and Training in both countries, the Associate Minister, senior departmental officials, principal and teachers.

 B.     Department of Education and Training, Sydney, New South Wales
     (NSW) - official view by Deputy Director-General, Dr T Burke


     1. Government schools


          The school system is recognised as a leader in general, as
          well as in literacy, education, technology and vocational
          education. This year the school education comprises 40
          districts with more than 50 000 teachers and over 765 000
          students in 2 227 public schools; 11 institutes on 129 sites
          with more than 450 00 students; and over 20 000 staff, across
          the State. These include 1 630 primary schools, 18 separate
          pre-schools, 65 central schools, 393 high schools, 99 schools
          for specific purposes and 22 environmental education centres
          (previously field studies centres). It also incorporates early
          childhood and primary education, secondary education,
          technical and further education, vocational education and
          training, higher education and adult and community education.
          NSW is a multi-cultural society, with students from more than
          60 cultural backgrounds and an indigenous population of
          approximately 30 000. Students throughout the NSW are
          supported by more than 50 000 classrooms and specialist
          teachers and about 9 700 administrative staff members. A
          further 2 400 specialist education officers provide additional
          teaching and learning support to students and teachers. All
          poor schools are allocated additional subsidies by the
          government.


          The Department of Education and Training runs 78 pre-schools
          across the State. Nine of these are in aboriginal communities
          and target aboriginal students. The pre-schools provide
          educational programmes to children for one year prior to
          enrolment in Kindergarten. Children who will be four years of
          age by 31 July, may enter pre-school at the beginning of the
          year. Most pre-schools are privately run and fully funded by
          the government. The Department of Community Services oversees
          these private pre-schools. The children begin formal schooling
          at the age of five.


          The school curriculum is organised into key learning areas,
          from Kindergarten to Year 10. The key learning areas of the
          primary school curriculum are English, Mathematics, Science
          and Technology, Human Society and its Environment, Creative
          and Practical Arts, Personal Development, Health and Physical
          Education.


          All public school teachers are trained at universities, and
          they form one of the most highly qualified workforces in the
          world. About 2 000 students in remote areas access school
          education through distance and rural education programmes,
          which operate through 11 primary and eight secondary distance
          education centres.


          At government secondary schools, more and more students are
          seeking to maximise their options for employment, further
          training and higher education by choosing to study vocational
          courses alongside their general education subjects. Close to
          one in three students now study vocational courses as part of
          their Higher School Certificate (HSC) programme. This year the
          new HSC programme has been introduced, making this world-class
          credential fairer and stronger for all students.


          Government schools are committed to high-quality, flexible
          education options for students. In 1999 more than 3 000
          students undertook their senior schooling on a part-time
          basis. Part-time traineeships provide students with the
          opportunity to develop employment specific skills, leading to
          an industry credential while at the same time gaining the HSC.


          The Department is therefore committed to effective
          participation of parents in their children's schooling. There
          are a number of ways in which parents can become actively
          involved. These include parent/teacher conferences, state and
          local parent associations and individual school councils.
          School councils are a popular and effective form of parental
          participation at local school level. The partnership between
          parents, teachers and schools is at the core of the public
          school system. The interest and participation of parents are
          not only valued but welcomed, and as the department move into
          a new century, this partnership continues to strengthen.


          Children learn best when parents and teachers work together in
          partnership, and when parents and teachers share the
          responsibility for this partnership. Parents are welcome to
          participate in school activities. The school councils, the
          parents' and citizens' association and other groups, such as
          the parents' club, are forums for parent participation and
          decision-making. Parents and citizens' associations at schools
          bring parents, citizens, students and teachers together to
          closely co-operate. Many parents assist teachers in the
          classroom, in creative and performing arts activities, in
          sport and on excursions and many after-school activities.


          Schools welcome visits by parents during school hours, but it
          is best first to make arrangements.


          The Department is the largest single organisation in Australia
          and has an annual budget allocation for schools and vocational
          education training of $7 billion.


     2. Technical and Further Education (TAFE)


          TAFE is the largest provider of vocational education and
          training in Australia. There are 11 TAFE institutes with over
          130 campuses, as well as the Open Training and Education
          Network (OTEN). TAFE training offers a practical advantage for
          job-seekers, students aiming for promotion and those who want
          to change careers or re-enter the workforce. It is a great way
          to secure a satisfying career in areas such as
          telecommunications and information technology, human resource
          management, tourism and hospitality and nursing.


          More than 40 000 students are enrolled in TAFE courses each
          year, including more than 20 000 through distance learning
          with OTEN. TAFE teachers have a mixture of industry experience
          and formal training.


          Statistics show that of every 12 NSW residents over the age of
          15, one was a TAFE student in 1999. Students can choose from
          more than 1 000 courses and many short courses. Most TAFE
          qualifications are accredited under the national Australian
          Qualifications Framework (AQF). These qualifications are
          developed with industry and community consultation and are
          recognised widely in Australia.


          The vocational education and training sector, school sector
          and university sector are now all covered by the AQF. This
          helps students to move flexibly between education sectors,
          receiving credit for prior knowledge, skills and experience.


          Each year, over 22 000 former university students study at
          TAFE to gain more hands-on skills and improve their chances of
          employment. TAFE graduates are "ready to work", and studies
          have shown that more than 70% of TAFE graduates are employed
          within six months of graduating. Through OTEN, students can
          combine study in the workplace, at home and at a college or
          campus. Distance education and open learning give many
          students the choice of studying at their own pace and in a way
          that best suits their individual lifestyles.


     3. OTEN


          (1) Functions


              Distance Education is there to reach those students whose
              learning objectives are restricted by distance,
              disability, isolation or other circumstances. It aims to
              provide educational experiences flexibly, using
              appropriate traditional and technological means. It also
              supports isolated schools and students through distance
              education centres, the provision of teaching programmes
              and materials and other forms of curriculum support. The
              directorate is responsible for strategic planning to
              promote and facilitate distance learning.


              Pre-vocational schools and vocational (TAFE and industry)
              courses and materials are designed, produced and
              delivered by the directorate in co-operation with
              schools, TAFE institutes and curriculum development
              agencies within the Department. The implementation of
              policies relating to the needs of schools, students and
              their parents in distance education is a key
              responsibility for the directorate expressed through the
              Distance Education Centres, the Country Areas Programme,
              the Access Programme and the Schools Radio and Satelite
              Systems, Computers and Internet.


              Other specific responsibilities include management of the
              Living Away from Home Allowance, scholarships for
              isolated boarding students at government agricultural
              high schools and isolated schools grants.


          (2) Distance education


              Distance Education is a TAFE Institute in its own right,
              working with other institutes to extend and complement
              the range of vocational options available to students in
              a face-to-face mode. It enrolls and teaches approximately
              31 000 students each year in about 600 vocational subject
              areas. It is positioned to be a key co-ordinating force
              in the development of print, audiovisual, Internet and
              interactive learning materials. Distance education also
              provides a range of library and information services to
              the Department's corporate, district offices, schools and
              external clients. It also operates from a technologically
              sophisticated facility in Strathfield and from a State
              Office location in Bathurst.


          (3) Services and activities


              OTEN offers a range of services and activities that are
              constantly assessed and modified in response to client
              needs, government directives and changes in technology.
              These include the following: Individualised, interactive
              and flexible distance education teaching, instructional
              design and course development, multimedia, CD-ROM and
              website design and production, television and video
              programme production for a wide variety of clients, print
              material design, development and production for the
              school sector, TAFE and other government bodies and
              industry, the TAFE library systems support and
              information services management, consultancy services to
              industry on training needs and flexible delivery
              strategies, apprenticeship and traineeship offered in
              conjuction with other TAFE institutes, private and
              interstate providers, student management systems and
              support, and research and the use of new and emerging
              technologies.


     4. Vocational education and training at schools (VET)


          VET programmes build pathaways between school, college and
          work, to enable students while they are still at school to
          prepare for success in their careers and adult life. These
          programmes now provide flexible patterns of study, work
          placement and paid work that will lead to enhanced employment
          opportunities and facilitate life-long learning.


          VET options can provide a headstart for all students,
          including those planning a university degree after their HSC.
          They do have career advisers who provide a range of
          information and planning services to students throughout the
          junior and senior years of high school. Students and parents
          are able to access a wide range of information, some of which
          is available on computer software and the Internet. The
          streamlining of education services, particularly between
          schools and TAFE under the Department, has further
          strengthened the information available through career
          advisers.


          Work experience is offered through many high schools to give
          students an understanding of the employment environment and
          also of particular careers, and it is arranged by the school
          in consultation with the career advisers, course co-
          ordinators, students and parents. Students may take vocational
          courses as part of their HSC. The Board of Studies has
          developed seven industry curriculum frameworks which align to
          a range of nationally endorsed training packages. The
          frameworks cover Construction, Business Services
          (Administration), Tourism and Hospitality, Primary Industries,
          Metal and Engineering, Retail and Information Technology, and
          each framework course has a mandatory workplace component.


          Vocational courses for students planning to attend university
          have at least one 240-hour course in each framework which is
          eligible for inclusion in the Universities Admission Index
          (UAI). In order for the results of the 240-hour course to be
          included in the UAI, students must sit for an optional
          external HSC examination.


          Part-time traineeship may be undertaken by students while they
          are still attending school. A traineeship is a work-based
          training programme which combines paid work with structured
          training and, in this case, senior secondary studies.


          In Education-based Partnerships, schools are engaged in a wide
          range of vocational learning initiatives built on strong
          partnership between education, community and business.
          Students and teachers are extending learning beyond the
          classroom by exploring the nature of work and further
          learning, by researching career options and by developing
          enterprising skills. This is achieved through Local Industry
          Education Networks, School-Industry Links, the Teachers-in-
          Business programme and other education and local industry
          partnerships. Some programmes are also conducted in
          association with Australian Business Week, the Australian
          Quality Council and Young Achievement Australia.


     5. Literacy and numeracy


          Through the government's Literacy and Numeracy Plan introduced
          in 1999, the Department is continuing to build on the
          achievements of the State Literacy Strategy, and has
          successfully introduced and established a comprehensive
          numeracy plan. The government has spent in excess of $200
          million on literacy programmes since the beginning of the
          State Literacy Strategy. This has provided the personnel and
          resources needed to support teachers to achieve increased
          literacy outcomes. Over the next four months the government
          will provide a total of $41,8 million for numeracy programmes.
          This figure includes an additional commitment of $30 million
          to expand key programmes within the State Numeracy Plan.


          (1) Literacy


              A major focus of that strategy has been and will continue
              to be the monitoring of the literacy achievements of
              students. The literacy needs of all students are
              identified through Basic Skills Tests in Years 3 and 5
              and the English Language and Literacy Assessment in Years
              7 and 8. These are complemented by school-based
              assessments of syllabus outcomes.


              Explicit and systematic teaching programmes provide
              targeted support for students based on early
              identification and intervention. In 2000, all primary
              schools have been provided with a comprehensive package
              of materials to support the early identification of
              student's needs in respect of both literacy and numeracy.


              The Starting with Assessment materials have been provided
              for all Kindergarten, Year 1 and Year 3 teachers. Again
              this year, 800 students have access to the Reading
              Recovery Programme. In 1999, 76% of Year 3 students who
              had received Reading Recovery Programme support in Year
              1, achieved Band 2 or higher in the Basic Skills Test.


              About 40 district literacy consultants continue to
              provide professional development for teachers to assist
              them to meet the specific literacy needs of students in
              their classrooms. In 1999 the consultants provided
              professional activities to support the implementation or
              literacy priorities on over 1 350 schools and 7 020
              teachers. Literacy meetings were held in districts
              supporting more than 900 parents.


              In demonstrating the departmental commitment in improving
              literacy and numeracy achievements, the government has
              allocated an additional $14 million over four years to
              the Literacy and Numeracy Follow-up Programme. This
              funding will enable teachers to identify and work with
              students who experience difficulties in achieving basic
              literacy and numeracy standards.


              As part of the Literacy Linkages Programme, a team of
              linkage consultants provide targeted support for schools
              to assist teachers to meet the literacy need of students
              moving from primary school to high school. Training is
              currently provided to teachers in 117 high schools for
              students identified as needing additional support in
              literacy.


              In 1999 the government provided to all primary teachers a
              comprehensive package on teaching and spelling, including
              the use of spelling lists. During this term all schools
              will be provided with the policy document on the teaching
              of writing, which includes Focus on Literacy - Writing,
              preparations are made for the final strand of Focus on
              Literacy - Talking and Listening. Support for Stage 6
              English for the HSC is being developed and provided.
              National Literacy Week will be celebrated during the week
              of 28 August 2000. This will be a further opportunity to
              celebrate the outstanding achievements of all the schools
              in promoting high expectations and delivering improved
              standards in literacy as the result of government
              initiatives.


          (2) Numeracy


              The numeracy component of the Literacy and Numeracy Plan
              is building upon existing successful projects and
              emphasising the use of quality assessment information to
              support teaching and learning. The focus on numeracy is
              to provide intensive local training and development for
              teachers in recognising and addressing the numeracy needs
              of students.


              This year all the schools have been provided with a
              comprehensive package of materials to support the early
              identification of students' needs in respect of both
              literacy and numeracy. The Starting with Assessment
              materials have been provided for all Kindergarten, Year 1
              and Year 3 teachers.


              The 40 district mathematics consultants emphasise how to
              link information, from assessment to specific teaching
              strategies. This has been an important component of the
              consultants' training.


              In early years of schooling, the Count Me In Too Numeracy
              Programme is expanding progressively to all primary and
              central schools. During 1999 over 300 schools
              participated in this. Over 370 primary schools will take
              part in the programme in this year, supported by the
              district mathematics consultants and over half a million
              dollars of programme support.


              On May 2000, the piloting of a new statewide Year 7
              numeracy test took place in 113 secondary schools. This
              test was designed to provide better quality information
              on numeracy achievement.


              Further professional development is provided for teachers
              through the Counting On Project to address gaps in
              students' knowledge of key concepts such as place value.
              Nine secondary schools have taken part in the successful
              pilot of Counting On. The programme has been expanded to
              at least one secondary school in each district in 2000.


              An important aspect of developing the numeracy plan is
              the valuing of effective home/school partnerships. A
              range of practical support materials is being developed
              along the theme of "Helping your child with...". This
              will address topics such as helping the child to learn
              how to tell time or to do subtractions.


     6. Computers in schools programme


          (1) Internet access


              Government schools were connected to the Department's
              Internet service by the end of 1996. Since then, the
              Department has enhanced student and teacher access to the
              Internet by progressively connecting government schools
              to the Department's wide area network. The connection
              provides fast, reliable and simultaneous access to the
              Internet and the Department's data network. At present,
              there are 1 941 schools connected to the network.
          (2) Internet usage


              Government schools and TAFE colleges collectively request
              more than 10Gb of data each day. This includes access to
              the Department's website, which offers more than 2 000
              pages and links to over 350 external sites.


          (3) Technology in Learning and Teaching Programme (TILT)


              The TILT programme provides training and development for
              teachers in the use of computers and associated
              communication technologies in key learning areas. A total
              of 17 127 teachers had already completed TILT training by
              December 1999. To date the government has spent some
              $19,38 million on TILT. The 1999-2000 State budget
              announced the provision of funding to train a further 10
              000 teachers in TILT over the next four years. In
              addition, a new programme, TILT Plus, will provide
              training and development for up to 15 000 teachers,
              school executive and specialist support staff in the
              advanced use of technology. The government has provided
              funding of $16,4 million over four years, including $3,2
              million in 1999-2000.


              All teachers have received curriculum support materials
              to assist with the integration of computer technologies
              into teaching and learning. The Department's worldwide
              website for schools, Network for Education, will continue
              to be expanded and improved to include additional
              resources that further support teachers and students.


              Innovative technology, including satelite delivery and CD-
              ROMs, have been used to broaden teacher training,
              supplementing TILT courses.


              The equivalent of more than 77 000 multimedia computers
              have been distributed to government schools under the
              Computers in Schools Programme. The government will spend
              more than $47 million per year on the leasing and support
              of these computers. This leased computer equipment is
              being replaced progressively from April 2000 to ensure
              that students continue to be supported by the latest
              technology. The government has allocated $188,16 million
              over the next four years to replace and support the
              computers.


              The 1999-2000 State budget announced that an additional
              25 000 multimedia computers will be distributed across
              all schools during the government's current term and will
              spend an additional $15,3 million per annum on leasing
              these computers.


              Satellite dishes have been installed in rural schools and
              most TAFE colleges. The TAFE OTEN develops courses which
              combine satellite television programmes and print
              materials. A technology adviser has been appointed to
              each of the 40 district offices to provide technology
              advice and support to the district office and district
              schools.


              The Computer Co-ordinator Allowance enables schools to
              better co-ordinate and integrate computer resources with
              their teaching and learning programmes. In 1999-2000 the
              government provided $20,7 million to support this.


     7. Assessment and reporting


          (1) English Language and Literacy Assessment (ELLA)


              The ELLA is a key element in providing an explicit,
              systematic and co-ordinated strategy for improving
              student outcomes in literacy in secondary schools. It is
              held each year in term one for all Years 7 and 8 students
              attending those schools that choose to be retested. Over
              90% of schools volunteer to test their Year 8 students.
              The assessment provides schools with information about
              the literacy skills of their new Year 7 students and the
              development of literacy skills of their Year 8 students
              from the previous year. The participation of teachers in
              training to assess students writing against diagnostic
              criteria is an important component of the programme. A
              large number of Catholic and Independent schools with a
              total number of 20 000 students also conduct the test.


              All participating schools receive comprehensive reports
              with detailed diagonistic information about their
              students'literacy skills and knowledge. There is also a
              detailed report for parents. These reports are provided
              at the beginning of the second term.


          (2) Basic Skills Testing Programme


              This programme assesses and reports on the state of
              literacy and numeracy in government primary schools,
              providing the following:


              (a)  Parents and teachers with systematically collected
                   information on the achievement of individual students
                   in key areas of the curriculum.


              (b)  Schools with reliable annual and trend data on the
                   performance of their students in relation to
                   statewide achievement levels.


              Over 180 000 students in Years 3 and 5 from NSW and South
              Australia participated in the 1999 programme.
              Distribution of the report packages to government schools
              occurred in September 1999. The results show that the
              percentage of young students in the bottom bands for
              literacy and numeracy is the lowest ever.


              The data on disk software was released to all NSW
              government schools, South Australia government schools
              and 10 of the 11 Catholic Dioceses in NSW. Positive
              feedback has been received from both NSW, South
              Australian and Catholic schools on the use of the
              software.


              In 2000 the tests will be given to various student
              populations on 2 August. In addition to South Australian
              government schools, the South Australian Catholic
              Education Commission will participate in the 2000 Basic
              Skills Testing for the first time.


     8. School self-evaluation and reporting


          (1) Annual school self-evaluation


              Each school conduct an annual self-evaluation, which will
              include consideration of progress in achieving statewide
              and school priorities. The principal, staff and parent
              representatives participate in self-evaluation. Where
              appropriate, community and senior student representatives
              can join in. Representatives make regular reports to
              their nominating groups, detailing discussions of the
              committees's work.


              All accumulated participation and learning outcome data
              available in the school are provided to the committee.
              The committee is at all times made aware of data of a
              confidential nature. Information that would identify
              individual students, is not made available to the
              committee. The committee has the support of a chief
              education officer to assist with its work.


              The committee develops recommendations on the school's
              priorities and targets. After consideration by staff and
              the district superintendent, the committee finalises its
              recommendations and refer them to the principal for
              incorporation into school plans. The committee's
              deliberations and recommendations form the basis of the
              school's annual report.


          (2) Annual school reporting


              Every school produces an annual report, which is the
              responsibility of the principal. It is produced in
              collaboration with staff, parents, students and the self-
              evaluation committee. The chief education officer assists
              with the production of the report, and is a co-signatory
              with the principal.


              The report is written within a framework provided by the
              Department of Education and Training, and provides a
              balanced, open and genuine account of the schools's
              achievement and areas for development. Copies of the
              report are provided to each family in the school, with
              copies being available on request from the school and the
              local district office.


     9. Adult and community education (ACE)


          ACE is open to all adults regardless of age or previous
          education, and can provide pathaways into further education
          and training at TAFE or university. Each year more than 30 000
          NSW adults study over 28 000 ACE courses at locations across
          the State. It is accessible and affordable, with courses
          spanning the humanities, commerce, science, technology, and
          arts and crafts. Popular courses include computing awareness
          and computing applications; stress management; painting and
          fine arts; literacy and cooking skills.


          ACE provides workforce training for industry through
          established courses or customised programmes tailored to
          specific skill requirements. It also offers a growing range of
          nationally endorsed training courses as part of the national
          vocational education and training system, along with literacy
          and other targeted courses for disadvantaged groups.


          In 2000 the NSW government has committed more than $13 million
          to support the important ACE sector through more than 100 ACE
          organisations across the State.


          All ACE centres are non-profitmaking. For many classes, they
          use facilities such as classrooms, laboratories, kitchens, art
          studios and libraries or high schools and TAFE colleges.


     10.     Adult migrant English service (AMES)


          The AMES is recognised throughout the world as a highest
          quality language and literacy provider and is an important
          component of the NSW public education system. It has been in
          operation for more than 50 years and in that time more than
          one million migrants have studied English with the
          organisation.


          AMES offers a range of courses and services, in particular
          free English courses for newly arrived migrants to help
          prepare them for community participation, work and education
          in Australia. It supports business and industry by providing
          cross-cultural communication training for workplaces and
          community organisations. It is also responsive to community
          needs and develops customised courses to meet the individual
          requirement of communities or industry.


          New immigrants to Australia from non-English-speaking
          backgrounds are entitled to 510 hours of English instruction
          with specialist teachers and tutors. English language,
          literacy and numeracy training is also offered for employees
          in workplaces who need additional education and support.
          Employment and workplace training is a key priority of AMES
          and special programmes are in place to help migrants qualified
          abroad find work in their field of expertise.


          AMES offers fee-paying courses to develop pronunciation,
          reading, writing, speaking and listening, and the instruction
          is flexible and addresses the individual needs of students by
          providing tuition through education centres, distance
          education, independent learning centres and home visits under
          the home tutor scheme.


 C.     Official view on NSW School Curriculum Support by Director of
     Curriculum, Mr L Wasson


     1. Setting Curriculum
          At present, there are 140 staff members in the Curriculum
          Support Directorate in the Department.


          The parliamentary Education Act of 1990 gives directives on
          the setting up of Curriculum in the Department. The Minister
          approves Board of Studies' syllabuses, of which the Board
          produces syllabuses for K - Year 12 and advises the Minister
          on requirements for secondary certificates, which start at
          Year 7, and HSCs. The Director-General also sets additional
          requirements for government schools.


          The setting up of the curriculum support is based on primary
          and secondary curriculum, viz:


          Primary curriculum: English, Mathematics, Science and
          Technology, Human Society and Its Environment (including
          languages), Personal Development, Health and Physical
          Education.


          Secondary curriculum: English, Mathematics, Science, Human
          Society and Its Environment, Languages, Creative Arts,
          Technological and Applied Studies and Personal Development,
          Health and Physical Education.


          The Board of Studies plays a vital role in the Department and
          is responsible for the following:


          (1) Developing or endorsing syllabuses for all primary and
              secondary schools.


          (2) Registration and accreditation of non-government schools.


          (3) Conducting examinations and granting awards of
              certificates (secondary and HSCs).


     2. Years 7-10 requirements


          All the government schools must study -


          (1) English, Mathematics and Science for 500 hours;


          (2) Human Society and Its Environment for about 400 hours (i.e
              100 hours for history and 100 hours for geography during
              Years 7 and 8, 100 hours for Australian history and
              another 100 hours for Australian geography during Years 9
              and 10);


          (3) one language other than English for about 100 hours;


          (4) Design and Technology for 200 hours;


          (5) Visual Arts and Music for 100 hours each; and


          (6) 300 hours for Personal Development, Health and Physical
              Education (150 hours during Years 9 and 10).


     3. HSC requirements commencing in 2001


          All the students must have completed 12 units of preliminary
          courses and 10 units of HSC courses. Preliminary and HSC
          courses must include at least -


          (1) six units of Board-Developed Courses;


          (2) two units of Board-Developed Courses in English;


          (3) three courses of two units (or greater); and


          (4) four subjects and not more than six units of Science.


     4. Curriculum support
          The Curriculum Support Directorate provides -


          (1) frameworks and guidelines for curriculum implementation;


          (2) curriculum material in print and electronic form;


          (3) professional advice on curriculum implementation; and


          (4) training and support for district consultants.


          In 2000, there are six district consultants: Middle Years'
          Literacy Consultants, Human Society and Its Environment K-6
          Consultants, Literacy Consultants, Mathematics Consultants,
          Creative Arts Consultants and Science 7-10 Consultants,
          providing support for the delivery of statewide curriculum
          initiatives.


     5. Resources to support curriculum


          The Department identified a need for support materials before
          they are produced and are funded by the government. They won
          the tenders to support the 240 projects to produce curriculum
          materials and also to produce the Olympic education packages.
          They also do CD-ROMs in languages and multi-media type of
          work. The focus is on literacy and numeracy, and all materials
          are designed for teachers and not for students. Approximately
          600 000 copies of these support materials (numeracy materials)
          have been sold to New Zealand. The Department operates
          separately and independently and there is no competition with
          publishers.


     6. Outcomes Education


          (1) The Outcomes Education has the potential to improve
              teaching and learning based on common curriculum
              framework; clarity about course expectation and content;
              and clarity about student achievement and progress.


          (2) It provides a clear framework of educational standards.


          (3) It helps equality of learning outcomes.


          (4) It provides parents with quality reports.


          (5) It gives schools and systems the capacity to monitor and
              evaluate the effectiveness of education.


     7. Standards


          Standards refer to student achievement at each stage. The
          standard is defined by the outcomes, indicators of achievement
          of the outcomes and work samples which illustrate achievement
          of the outcomes.


     8. Student assessment


          The teachers make judgements about students' achievement based
          on a wide variety of information, including -
          (1) statewide test results (e.g. basic skills tests);


          (2) standardised tests;


          (3) student work samples, including oral, written and
              behavioural;


          (4) student self-assessment; and


          (5) information from other teachers and parents.


     9. Statewide testing


          (1) Basic Skills Testing Programme: Tests are in English and
              Mathematics and all students in Years 3 and 5 are tested.


          (2) English Language and Literacy Assessment Programme: All
              students in Year 7 are tested;


          (3) Secondary Numeracy Assessment Programme: all students in
              Years 3 and 5 are tested.


          The Board of Studies conducts the school certificate tests in
          Year 10, and tests are in English, Mathematics, Science, and
          History/Geography/Civics, while the HSC tests are done in Year
          12.


     10.     Kidmap


          The Kidmap is purpose-built software for NSW to support
          teachers in implementing an outcomes approach to teaching and
          learning. It also supports comprehensive and valid assessment,
          provides fast, flexible record-keeping and reporting,
          pinpoints student progress and needs, provides instant access
          to resources and helps to plan and prepare both teachers' and
          students' work.


     11.     Technology in teaching and learning


          Technology in teaching and learning provides potential on the
          following three main areas:


          (1) HSC On-Line


              HSC On-Line provides quality material to support students
              doing their HSC, and regularly receives 90 000 visits a
              day. There is a new site to be launched this year to
              support a new HSC, which will include nodes (a component
              in a computer network) for 38 subjects by the end of
              2001. It has also won a bronze award in the 1999
              Premier's Public Sector Awards.


          (2) Support for use of technology in classrooms


              The support for use of technology in classrooms do have
              research to identify and analyse implementation models.
              They use computer-based technologies in the series of
              publications. They also utilise follow-up implementation
              packages for use with networks and schools. They also
              have additional support for early childhood. It also
              links between computer-based technologies and areas such
              as literacy, numeracy, assessment and continuity.


          (3) Support through electronic media


              The support through electronic media has the following
              three components:


              (a)  Multi-media, which aspires 2000 Olympic Resource for
                   Australian schools, China Album, sites and scenes.


              (b)  Online Support, which gives access to the
                   Department's web site and school libraries.


              (c)  Video, which continues to be an effective method of
                   support.


     12.     Curriculum support development process


          In the curriculum support development process the following
          are done:


          (1) Identify a need for support material in relation to system
              priorities.


          (2) Identify a funding source.


          (3) Design the structure of the proposed support material.


          (4) Involve key stakeholders in the development of the draft
              material.


          (5) Trial the draft material with teachers and/or students.


          (6) Endorse the final product.


     13.     Curriculum support materials


          The curriculum support materials include print materials for
          students (including textbooks), print materials for teachers,
          computer-based materials, audio-visual materials, posters,
          brochures, other promotional materials and any other
          combination of materials.


     14.     Distribution and marketing of materials


          The distribution and marketing of curriculum support materials
          can be distributed free to a target audience, or to
          subscribers, and can be sold within and outside NSW.


     15.     Sponsorship and tendering


          The support materials may be provided through government
          funding, cost recovery, funding by appropriate sponsors and
          tenders to produce materials for national distribution.


     16.     Print-based, computer-based and audio-visual support for
          teachers


          Print-based support for teachers includes unit of work,
          resource modules, curriculum information (including approaches
          to implementing new syllabuses) and reviews of available
          teaching and learning resources.


          Computer-based support for teachers includes diskettes,
          interactive multi-media, CD-ROMs and materials published on
          the Internet.


          Audio-visual support for teachers include audiotapes,
          videotapes and overhead transparencies.


     17.     School focus


          The school focus in the School Curriculum Support is
          facilitated by the district mathematics consultant, who has a
          synthesis of 15 years of national and international research
          and conducts independent evaluations.


     18.     Expansion of framework


          Initial focus on the learning framework is during the first
          three years of school. They expand the focus to include Years
          3 and 4 with multiplication, division and place value. They
          also link the project across the learning continuum in
          mathematics K-8 with the Counting On project.


     19.     Materials development


          They use theory- and classroom-trialled support captured for
          broader use to organise materials by developing Efficient
          Numeracy Strategies, the Count Me In Too professional
          development package and the Count Me In Too website.


 D.     Official view on Board of Studies by President, Prof G Stanley,
     and General Manager, Mr J Ward


     The Board of Studies in NSW is an independent statutory authority
     of the NSW government with a membership representative of all
     areas of education, including teacher unions. It is appointed by
     the Minister and has 24 members.


     1. The Board's main functions and responsibilities are:


          (1) Curriculum development


              This entails development of syllabuses and curriculum
              support materials for all schools from Kindergarten to
              Year 12 and of materials to support these syllabuses.
          (2) Credentialling of students


              It develops and conducts examinations leading to the
              award of the School Certificate and HSC and awards
              credentials.


          (3) Registration and accreditation of schools


              It gives advice to the Minister for Education and
              Training on applications from non-government primary and
              secondary schools seeking to operate in NSW and granting
              permission to non-government schools to present
              candidates for school certificates and HSCs.


              Professional and administrative support services are
              provided to the Board by its Office.


     2. Board's new syllabus development process


          In 1998, the Board endorsed a new syllabus development process
          that would increase opportunities for consultation, establish
          achievable timeframes and ensure quality syllabuses.


          The new process uses a project management approach, which
          involves five stages:


          (1) Planning and promotion.


          (2) Briefwriting development.


          (3) Syllabus development.


          (4) Handover for implementation.


          (5) Data collection and evaluation.
     3. Planning and promotion - stage 1


          Its purpose is to develop a project plan. The key feature is
          the conduct of research and consultation to identify issues
          and concerns that need to be taken into account during the
          preparation of writing the brief.
          Outcome: Broad directions and a list of issues to be addressed
          during the development of the brief.


     4. Briefwriting development - stage 2


          Its purpose is to develop a brief that takes account of the
          needs and directions established during the planning stage.
          During preparation, working draft(s) of the brief will be
          published for comments from key groups identified in the
          project plan, which will be approved by the Board.


          Outcome: A brief that has been noted by the Minister. The
          brief becomes the detailed blueprint for the development of
          the syllabus, against which the final syllabus is judged.


     5. Syllabus development - stage 3


          Its purpose is to prepare a draft syllabus and then a final
          syllabus package. Comments will be sought from the key groups
          identified in the project plan. The key focus of the
          consultation will be on the extent to which the draft syllabus
          meets the specifications of the brief.


          Outcome: A syllabus package is approved by the Minister.


     6. Handover for implementation - stage 4


          Its purpose is to produce and distribute the new syllabus
          package and manage its handover to school authorities. The
          handover programme includes briefings with curriculum and/or
          district consultants.


          Outcome: Publication and distribution of the syllabus package
          following details specified in the project plan and including
          both printed and electronic versions of documents.


     7. Data collection and evaluation - stage 5


          Its purpose is to collect data on the use of the syllabus so
          as to ascertain whether the intentions of the syllabus are
          being achieved. The strategy for this data collection is
          included in the project plan. This stage of the process leads,
          in turn, back to the first stage.


          Outcome: A report, analysing collected data on the use of the
          syllabus, for consideration by the Board and/or the Minister.


          At key stages, advice will be sought from teachers,
          significant individuals and organisations. In particular,
          professional teacher associations play a greater role in the
          process.
          To assist with its monitoring and quality assurance role, the
          Board has appointed Board Curriculum Committees to assist it
          to monitor the quality of the material produced by project
          teams and ensure the integrity of the syllabus development
          process. These Committees report directly to the Board of
          Studies.


          A project manager employed by the Office of the Board will
          manage the syllabus development project, developing the
          initial proposal, establishing consultative networks, managing
          consultation and drafting and revising syllabus documentation.
          Project teams at various stages of the syllabus development
          process include curriculum, assessment and publication
          officers.


 E.     Riverside Girls High School, Gladesville


     1. Official view by executive and school principal, Ms J King


          This is a government school with an enrolment figure of 920
          students and 66 teachers. It offers high school studies for
          Years 7 to 12. The entire building is a brick structure that
          is very strong and well-maintained.


          The government was kind enough to pursue OBE in schools in
          NSW. All incoming students and parents for Years 7 to 11 are
          given a handbook or booklet which specifies all the subjects
          offered. Each child is given an opportunity to choose their
          subjects. The teacher-student ratio (1:24) is legislated by
          the government in the Education Act of 1990. The school has
          120 computers, 68 of which were donated by the Department over
          the past two years, while the remaining 52 were bought by the
          school. The students are always motivated to do computer
          courses when choosing their subjects. Ancient History is the
          popular subject in NSW schools and universities, as well as in
          New Zealand.


          At the end of each year, students write external statewide
          examinations. After completing the final year, about 70% of
          them prefer to study degree courses at NSW universities. Most
          young people in Australia attend universities, as most TAFE
          institutes operate on a part-time basis. Students do receive
          loans while studying, which is payable when they re-enter the
          workforce upon completion of their degree. The school has a
          fully equipped library, with nine computers.
          As the school is a government school, it is allocated a budget
          of $250 000 per year. Teachers' salaries are not paid from
          this budget. The school buys books from the budget. Each
          family unit contributes about $200 to $300 per year towards
          school fees. As the school does not receive enough funding,
          according to the school principal, they lease out school
          facilities, like the hall and 25 classrooms, to various
          churches, and they receive $70 000 per year. This money is
          ploughed back into the school to cater for school needs and
          learning materials. NSW also gives huge allocations of its 25%
          budget to fund private schools. This allocation is legislated
          by an Act of Parliament.


          About 95% of the teachers are members of the state union, the
          NSW Federation, as there are no teacher registration councils.
          Independent schools have their own teachers' union.


          The curriculum is being audited regularly, and the school has
          been given an 18-months' notice for implementation of OBE. The
          implementation of OBE in Years 7 to 11 is already taking
          place, and schools have to invent their own ways of developing
          curricula. There have been difficulties in working with new
          students from other schools because of the different curricula
          and reporting system. Since the establishment of the Board of
          Studies, the whole curriculum development process has
          improved. As regards the Profile Report in OBE, there is no
          statewide report designed for schools; each school has to
          design its own way of formulating its reports. The descriptive
          reports are statewide, while individual reports are generated
          by the school. Private schools rely more on HSC to publish
          their achievements.


          There is excellent parental support between teacher, parent
          and student at the school. Children learn best when parents
          and teachers work together in partnership and when they share
          responsibility for this partnership.


     2. Reaction of parents on OBE
          It has been noted with concern that parents find it difficult
          to read reports and understand education philosophy. As a
          result, the Board has involved local interest groups and
          professional learning teams in schools. They also receive
          newsletters from the Department, enhancing learning documents
          in respect of the HSC, but the process is not funded by the
          government.


          It is also difficult to do an assessment if the class has more
          than 30 students. In OBE, the students are much more focused
          on what needs to be achieved.
          Some underlying principles of an OBE approach to teaching and
          learning are the following:


          (1) All students can learn successfully.


          (2) Success leads to further success.


          (3) Teacher control creates conditions in which learners can
              learn successfully.
          (4) The student is the focus of teaching and learning, and the
              process is student-centred and performance-based.


          (5) Teachers identify and comment on
              progression/improvements/achievements in learning within
              a standard reference work.


          (6) Teachers determine the most appropriate strategies to
              ensure that learning/improvement/development occurs.


          (7) Teachers create a climate of continuous improvement.


          (8) Teachers encourage students to establish priorities, set
              realistic and achievable goals, and involve them in using
              the language of an outcomes approach to assessment and
              learning.


          (9) There is respect for student diversity, as students learn
              at different rates and in different ways.


     3. Learner-support materials


          Most classes use learner-support materials like textbooks. The
          school also buys resources, and students access these in the
          absence of textbooks. As textbooks are very expensive, the
          school buys its own paper to produce printed or photocopied
          material. As there is not sufficient funding, parents are at
          all times encouraged and motivated to pay school fees in order
          to assist the school in buying learning materials.


     4. Discipline in NSW government schools


          Discipline in NSW government schools is guided by the
          Ministerial Statement Good Discipline and Effective Learning,
          available to any school. This statement requires that
          government schools have a School Discipline Policy, which is
          reviewed regularly. The policy is developed collaboratively
          with students, staff, parent organisations and the school
          council and is in four parts:
          (1) School rules or disciplinary code.


          (2) Strategies to promote good discipline and effective
              learning in the school.


          (3) Practices designed to recognise and reinforce student
              achievement.


          (4) Strategies for dealing with unacceptable behaviour.


          All parents and students are given a copy of the school's
          disciplinary code. It includes the school's homework policy
          and standards of dress determined by the school community.


          Principals may suspend students from school. Possession of a
          suspected illegal substance, violence, possession of a weapon,
          persistent disobedience or criminal behaviour may lead to
          immediate suspension. Principals can provide more information
          on suspension and expulsion.


     5. Relationship between government schools and private schools


          At times the school lose students, whose parents prefer them
          to study at private schools. Private schools expel any child
          who misbehave. Government schools are very tolerant and multi-
          cultural, while private schools are not. The media regularly
          attack government schools, as they have a reputation of being
          rebellious.


          The teachers and management of the school are highly dedicated
          in their calling.
 F.     Meeting with Mr J Aquilina, NSW Minister of Education and
     Training


     The Chairperson, Prof Mayatula, gave a brief overview of the
     objectives of the study tour both to Australia and New Zealand.


     Official view


     The administration of education is the role of the Commonwealth
     and funding is raised through various franchise. The Federal
     government has policies in the nature of education to be provided
     in all schools.


     The office on the Ministry of Education and Training is
     responsible for 40% of education in the nation and is more advance
     than other States. Four years ago, there were discussions that
     were held to consider intervention with South Africa with regard
     to education, and there is still a need to explore education
     system in South Africa.


     Vocational education provide more than 1 000 courses and
     graduation ceremonies are held twice a year. The students graduate
     from technical colleges and universities in the NSW.


     With regard to Outcomes-Based Education, they have standard and
     numeracy tests and examinations are set and marked centrally. The
     school reports are given to each individual parent and school.
     They have the statewide test in NWS education system; they can
     track the performance of each child and its outcomes as well as
     the competency of the school.


     NSW Department of Education and Training has different types of
     schools and different type of delivery systems. In 1996 they
     introduced the system "learning by recovery" for students in Year
     1. 200 000 students and 400 schools were affected. The literacy
     results in NSW schools have improved far ahead from other States
     and there were literacy programmes for children to help their
     basic skills testing.


     All the school in NSW are in the Internet and is regarded as
     effective way of communication. Most students are motivated to
     take computer studies as a subject, this enables the students to
     use the computer in schools.


     The NSW Department of Education and Training has just reviewed its
     curriculum. A Committee was established in 1995 which undergone a
     consultative process through the Board of Studies, interest groups
     and teachers and teacher unions.


     The Act of Parliament have outlawed corporal punishment to
     government and private schools.


     Universities are directly funded by the Commonwealth and not by
     the State funding and is aimed to assist certain students in
     different faculties. The Act of Parliament regulates the funding
     of higher education. The students are admitted in universities and
     after graduating they repay the loan when they start to work
     through taxation. The funding of private schools differ from State
     to State. The Act of Parliament requires to allocate an additional
     25% on top on the allocated budget.


 G.     Overview on information technology in education


     1. Official view by Mr J Banham, Chief Information Officer,
          Department of Education and Training


          Mr J Banham, the Chief Information Officer is in charge of
          computing in all schools, vocational colleges and connection
          to the data network in NSW schools. The Information Technology
          Bureau is divided into 3 groups, viz:


          (1) Computing infrastructure


              This includes computer hardware andsystems hardware,
              computer operations, central and Institute Computer
              security, capacity planning, database administration,
              network management and Email;


          (2) Education Technology
              This includes education services, help desk, desktop
              support services, software sales, publishing services,
              strategic planning, standards and procedure, accounts and
              budgeting and quality control; and


          (3) Application
              This area includes business modelling, application
              architecture, applications development and maintainance,
              package selection and implementation, user support and
              training.


     2. Goals for installing computers in schools


          The computers are installed in the NSW schools with the
          following goals or objectives, viz:


          (1) Every child should be familiar with computers as an
              educational tool;


          (2) The use of computers across all subject areas should be
              optimised;


          (3) Computers should help to achieve educational outcomes
              efficiently and with great quality; and


          (4) Students should develop analytical and problem solving
              skills to cope with expanding access to computerised
              information.


     3. Policy for computers in schools


          All the teachers are trained in the use of technology in the
          classroom. There are technology advisers appointed to the
          district offices. The Department of Education and Training has
          also developed the curriculum materials to support teachers in
          integrating technology into the teaching process. There is an
          increased computer co-ordinators in primary and secondary
          schools and all schools are connected to the Internet.


     4. Implementation of computers


          Approximately 77 000 computers have been provided to schools
          on a three-year lease option. About 22 000 additional
          computers will be provided in 2002-03. There are 40 technology
          advisers, one per school district and the Department has
          increased funding to support schools. The role of the
          districts is to identify district training and development
          priorities and to work with schools to plan district provision
          of training and development.


          They have also microsoft corporate licence for desktop
          software and all schools are linked to data network. Some
          students in some schools are also provided with laptops.


     5. Computers in vocational colleges


          The goal for installing computers in vocational colleges is to
          provide a standard range of classrooms of computers to support
          all the software and subjects taught in colleges. The
          provision of a range of self pace computer learning areas are
          in open computer laboratories and libraries.


     6. Implementation of college computers


          A standard computer classroom contains 16 personal computers
          and two printers and are networked locally via the college
          server. All colleges are connected to the data network. There
          were 700 PC classroomss in 1999 and the standard work stations
          for general subjects. All schools are electrified to install
          the computers.


     7. Support for teachers


          15 000 teachers have been trained to assist in implementation
          and use of computers in the curriculum. The teachers underwent
          a 36-hour training course of six modules based on TILT
          (technology in learning and teaching) while they are still in
          NSW universities, and there is an advanced TILT Plus training
          underway. 85% of the trained teachers make use of the training
          they received through TILT and they do not get credits in
          terms of financial benefits.


     8. Support for use of technology


          They have the centralised help desk which is linked to
          maintainance company. They also have on site computer
          maintainance, centralised PC replacement programme, department
          wide 150 software contract packages and software sales to
          schools and colleges to support the use of technology. The NSW
          Department of Education and Training has 93 packages of
          education software.


     9. Networking computers


          The networking of computers is aimed for communication and
          access to information to students and staff at all schools and
          colleges. About 2 000 schools and colleges are connected to
          Internet via 64Kb ISDN data lines. The remaining schools will
          be connected by the satellite. The schools and colleges form a
          common Departmental intranet with Internet gateway. In the
          next 1 or 2 years, 60% of schools will get computer connection
          including those in the rural areas. They need to support rural
          schools with computer networkings.


     10.     Data network


          The data network serves as a security for staff and students
          and secure internet for outside internet world. They also have
          on-line handbooks, flexible communication that is very
          powerful, e.g. purchasing and management of computers. Any
          person who has access of authority may have access to students
          records by using a password. As viruses are major problems,
          the department has bought virus networking where they put
          scanning software to scan every incoming e-mail. They also
          have up-dates to virus to protect software over the network.


     11.     Budget


          The budget allocated to implement the entire process is $120
          million. This budget includes the following costs:


          the labour costs - $30 million; networking costs - $36
          million; leasing costs - $40 million; software costs - $10
          million; and maintainance costs - $10 million.
     12.     Technology plans


          With regard to technology plans, they have:


          (1) e-mail accounts for school administration;


          (2) teacher and students E-mail pilots;


          (3) remote access pilot for isolated students studying through
              distance education; and


          (4) improved network management and monitoring.


          The entire endevour needs people with professional skills and
          knowledge on Information Technology.
 H.     Official view on training and development in NSW Department by
     Director, Mr G Dawsont


     1. Role of Training and Development Directorate


          The Training and Development Directorate has 110 000
          employees. The primary role of this Directorate is to -


          (1) analyse training and develop priorities and needs;


          (2) develop and implement training and initiatives;


          (3) develop and implement international programmes and
              initiatives;


          (4) provide policy advice on training and development issues;
              and


          (5) monitor and evaluate the effectiveness of training and
              development programmes.


     2. The purpose of Training and Development in the NSW Department
          of Education and Training is to contribute to improved student
          learning outcomes by-


          (1) improving the quality of teaching in schools and colleges;


          (2) improving the quality of leadership and management in
              schools;


          (3) facilitating and promoting continuous improvement and
              organisational change; and


          (4) promoting a commitment to lifelong learning.


     3. Programme areas


          The curriculum and training functions both play a fundamental
          role in the training and development in education. The main
          programme areas in all schools are:


          (1) School programmes


              The students are made sure that they have access to
              information technology to promote quality teaching and
              learning, literacy and numeracy. The schools make use of
              technology for teaching and learning and administration
              as well as for the school improvement initiatives. In
              almost all schools they do have training and development
              in curriculum priorities.


              In these school programmes, students are assessed and
              student outcomes data is also analysed. They also conduct
              student welfare, child protection and behaviour
              programmes and also parent and community programmes to
              enhance education in schools.


          (2) Leadership development programmes


              These programmes are aimed to prepare all principals,
              executive staff/teachers and aspiring learders to take
              leadership roles in the schools.


          (3) Management development


              The Department do have programmes aimed at developing
              senior management and educational administrator. They
              also target groups to become school counsellors. They
              also have programmes for teachers who are recruited from
              overseas to teach in Australia.


          (4) School improvement strategy


              The focus in school improvement strategy is on teachers
              and the purpose is to enhance school capability for
              sustainable self-improvement.


              The training and development in schools support teaching
              and learning. Every teacher has to know the Education Act
              to make sure that every child is safe. Teachers can make
              their decisions with their supervisors and principals to
              assess training needs.


     4. Role of private sector in training and development


          There are joint programmes with universities and private
          schools to run the programmes on training and development.
          Most schools see training as an important factor to enhance
          education and most strategies are aimed at the classrooms. The
          Department of Education and Training has allocated funds to
          run these programmes with the private sector.


 I.     Official view on TAFE and OBE by Director of Educational
     Development, Ms J Bryne


     1. Outcomes of Vocational Education and Training (VET)


          The outcomes of vocational education and training are the
          knowledge and skills required to perform effectively in the
          workplace. Workplace performance is defined in industry
          developed competency standards which are a component of
          training packages. An endorsed training package is the package
          that has competency standards, assessment guidelines and
          qualifications. TAFE is funded by the State government and
          partly by the Commonwealth.


     2. Competency standards


          The competency standards describe desired workplace perfomance
          and are based on a skill analysis. They are developed by a
          Industry Training Advisory Body or equivalent and are endorsed
          by the Australian National Training Authority. These
          competency standards need to conform to a set format.


     3. Handling of mail to facilitate information flow and elements of
          competency


          This unit covers receiving and distributing incoming mail and
          collecting and despatching outgoing mail. It also covers
          collating and despatching bulk mail according to Australia
          Post specifications.


          Incoming mail is checked and registered to ensure accuracy of
          records. Urgent and confidential mail is identified and
          distributed to the addressee promptly. Mail is sorted and
          despatched to the nominated person. Damaged, suspicious or
          missing items are recorded and where necessary reported
          promptly.


          Evidence of satisfactory performance in this unit is best
          obtained by observation of performance, questioning and
          discussion. More specifically, to indicate understanding and
          knowledge of handling mail according to enterprise procedures
          and policies one must check that -


          (1) mail is distributed within the accepted enterprise
              timelines;


          (2) outgoing mail is collected with the accepted enterprise
              timelines;


          (3) mail is despatched on time, in appropriate mail
              style/envelopes;
          (4) numerical information is correct;


          (5) bulk mail quantities are greater than 50 items; and


          (6) documents are bulk mailed according to instructions.


     4. Curriculum in TAFE


          TAFE NSW uses curriculum (an educationally sound structured
          learning plan) to assist learners to achieve education and
          training outcomes. It includes intended learning outcomes,
          underpinning knowledge, skills, behaviour, attitudes which are
          important for effective learning and generic skill development
          and associated learning experiences. Curriculum in a
          competency based system is a structured, sequenced learning
          programme or plan based on competency standards. The
          curriculum contents consist of a syllabus, assessment
          criteria, conditions of learning and assessment, assessment
          methods, assessment strategies and a number of other
          curriculum requirements including resource requirements.


     5. Assessment


          Assessment in TAFE NSW is a process of collecting evidence and
          making a judgement on whether the competency has been achieved
          or specified skills and knowledge have been achieved which
          lead to the attainment of competency. The assessment may be
          against module and course outcomes or directly against units
          of competence, depending on client need. Achievement is
          assessed against criteria established for the curriculum
          outcomes rather than against the achievement of other
          students. TAFE NSW reports achievement of module and course
          outcomes and units of competence.
 J.     Overview of Sydney Institute of Technology by Director, Ms M
     Persson, and executive staff


     1. Official view
          The Institute is Australia's leading centre for delivery of
          quality education and training. Established in 1891, the
          Institute has grown to become the largest vocational training
          provider located in the heart of Sydney in Australia. The
          Institute's six major campuses offer more than 700 courses
          accredited under the AQF with an annual intake of over 53 000
          students with the current budget of $120 million. Each campus
          has a co-ordinator to offer support and assistance to
          international students.


          Over two million students have graduated from the Institute to
          take their place in the workforce. The graduates are now
          contributing their expertise to Australia and nations
          throughout the world.


          In recognising the need for a more sophisticated and highly
          skilled workforce, the Institute has developed an extensive
          range of professional and technical customised programmes
          across the spectrum of industry. Qualifications from Sydney
          Institute of Technology are internationally recognised and are
          developed in close conjuction with industry to meet
          international standard. The Institute conducts major
          consultancies and training needs analyses for many
          international organisations and training providers.


          The consultancy services aim to promote economic growth
          through the transfer of knowledge, skills and technology; to
          contribute to the development of training infrastructure in
          neigbouring countries and to create goodwill and an
          international outlook among the people of Australia and its
          neighbouring countries through educational co-operation.


     2. Student profile


          In 1999, 22 737 of the Institute's students were female
          (47,3%) and 25 313 were male (52,7%). The student body
          comprised of 43 300 part-time students (90,1%) and 4 750 full-
          time students (9,9%). Over half of these students (24 952) had
          completed their HSC (51,0%).


          There are graduate certificate offered, one year for full time
          students and six months for part-time courses. Most of these
          courses have good articulation ranges for universities, and
          most of the subjects have conceptualized computing commercial
          courses, business and service tax etc.


     3. Placement


          At the end of each year, Sydney employ a recruitment agency to
          set up an employment service. There are also university
          students who are enrolled with the Institute to acquire jobs.


     4. Aboriginal studies


          In Australia, the indigenous population numbers around 390 000
          making up about two per cent of the Australian population. The
          indigenous Australians represent a diverse range of cultures
          and backgrounds from this diversity needs to be remembered in
          examining educational issues and needs.


          The majority of indigenous people in Australia (about 80%)
          have lost their language of origin, and they speak only
          English. However, in the Northern Territory just over 60% of
          them also speak an indigenous language or Aboriginal English
          and have varying levels of English proficiency. At almost all
          levels, educational participation and achievements rated for
          indigenous people remain behind those of the non-indigenous
          population.


          The Sydney Institute has a Faculty of Aboriginal Studies which
          aims at providing quality and innovative education for
          Aboriginal and Torres Strait Islander people. The Faculty
          services the vocational education and training needs of
          Aboriginal and Torres Strait people. It provides a range of
          relevant instruction and training for clients, which includes
          -


          (1) developing personal skills and building self confidence;


          (2) promoting a learning environment that centres on students
              needs;


          (3) encouraging specialised skills and techniques; and


          (4) providing opportunities for vocational and educational
              enhancement.


     5. Aboriginal Programme Unit


          Within the Institute, there are Aboriginal co-ordinators who
          provide advice and guidance to Aboriginal community groups and
          individual on TAFE courses. They provide assistance in the
          development of vocational education and training programmes
          that cater for specific needs of community groups. Areas in
          which course can be developed include, administration, and
          management; arts; building trades; business and finance;
          computing, hospitality, literacy and numeracy and occupational
          studies.


     6. Courses


          Students and courses are supported by -


          (1) course leaders and teachers with extensive training and
              practicing industry experience;


          (2) innovative, flexible teaching methodology enabling
              recognition of prior learning;


          (3) self-pacing and mixed mode methods;


          (4) counseling and support services for students;


          (5) fully equipped and technologically advanced facilities;


          (6) a specialised Aboriginal resource centre; and
          (7) community participation in all events.


          The Institute has set targets that by the end of the year they
          will have an increased Aboriginal education and training unit.
          At present, they have not met the target because the Institute
          has not identified the appropriate courses and has not
          promoted vocational education and training for Aboriginal
          people.


     7. Information Technology Strategy for Sydney Institute


          (1) Official view by Ms C O O'Conor


              The courses on IT are divided into three groups: Basic
              information technology courses for IT literacy;
              vocational courses with IT outcomes based on them and IT
              specific courses ranging across developing technology and
              web IT.


          (2) Goals
              The goals for the IT Strategy for Sydney Institute are
              mainly to -


              (a)  ensure students and staff access to the best
                   possible technological resources and support for
                   learning and teaching;


              (b)  establish a shared structure for managing the IT
                   environment to oversee the management, evaluation and
                   continuing renewal of the IT support effort;


              (c)  provide an information management and systems
                   environment that encourages innovation in learning ,
                   teaching, administration and knowledge management;
                   and


              (d)  provide a network and desktop access and
                   infrastructure capable of accommodating all traffic
                   and connectivity demands, including external and
                   network access.


              The Sydney Institute learners are able to connect to
              Sydney Institute using a terminal at home, the workplace,
              or their nearest local community facility. They can
              receive hard copy versions of any screen based
              information via a local printer, they can communicate
              with their teacher/tutor either directly by telephone
              /videophone or indirectly using an e-mail, they can
              submit assignments and reports for feedback and
              assessment using electronic file transfer, they can
              participate in student discussion and research groups and
              /or provide informal contact with other students, they
              can participate in group tutorial using either video or
              PC-based conferencing to link participants and the tutor,
              they can connect beyond Sydney Institute Internet to
              communicate and lastly, they can obtain information and
              undertake research world-wide.


              The Sydney Institute teachers can be able to connect
              Sydney Institute using a terminal at home or at
              workplace, receive assignments, make comments, and return
              work electronically, answer questions from students
              electronically, simultaneously tutor group or students at
              different sites, facilitate and support workplace
              trainers at various worksites, prepare instructional
              material through access to module and/or test banks or
              other on-line information services or by communicating
              and exchanging material with colleagues and enterprises,
              find and exchange teaching resources on the Internet,
              connect beyond Sydney Institute Internet to communicate,
              obtain information, and undertake research world-wide.


              They have open facilities and general purpose classrooms
              of which some are located in the workplace. The TAFE
              commission Act regulate the TAFE Institutes.


          (3) Challenges
              The Institute at present has limited budget to keep up in
              terms of its facilities. Staff are always encouraged to
              do further studies to keep them up updated on all
              programmes. They are also using part-time staff so as to
              allow full-time staff members to further their studies.


              Because of immigration and history of Sydney, the
              Institute has almost 80 - 100 of their students still
              regarding English as not their preferred language.


          (4) Library


              The delegation undertook a tour around the Institute and
              to the Library.
              The library and Information Management Unit of the
              Institute is responsible for the effective management,
              operations and development of the Sydney Institute
              Library, the largest TAFE library in Australia. The
              library operates in a multi-Campus environment and
              delivers services through six college libraries and
              includes the Educational Technology Access Centre at the
              Ultimo library.


              These provide an extensive range of facilities, resources
              and services which are integrated with the educational
              programmes, research and corporate initiatives of the
              Institute. The facilities, resources and services of the
              library incorporate use of the Internet, multi-media
              products and CD-ROM Networking, to improve access and
              further contribute to the achievement of excellence in
              learning and teaching. The unit also incorporates the
              Institute's Records Management Unit.


              It provides access to information and learning resources
              in a wide range of formats - on line, CD-ROM, print,
              video and multi-media. The library collection includes
              valuable specialist resources in a number of areas such
              as design, the trades of Aboriginal studies. Access to
              library collections is facilitated through the TAFE NSW
              online Library Information System which provides a share
              database of all materials held by TAFE NSW libraries. The
              shared database supports networking and resource sharing
              which is a strength of libraries in TAFE NSW. Access to
              information is further enhanced by reciprocal borrowing
              arrangement with other educational libraries, by use of
              inter-library loan and access to web based and other
              electronic services.


              It provides a range of facilities to support students
              learning needs, including group study rooms, individual
              study carrels, seminar rooms, and PC networks. Library
              opening hours are as broad as possible to provide
              extended access to resources, facilities and services.
              All college libraries are open Monday to Friday and the
              Ultimo Library services on Saturday from 09:00 - 13:00.


              The library has a statewide curriculum support role
              through consultancy services provided to the two
              Educational Services Divisions of TAFE NSW which are
              located within the institute. It is a major priority for
              the unit to develop effective linkages with other
              educational providers, especially the higher education,
              vocational education and secondary education sectors, to
              enhance opportunities for business development and
              strengthen the Institute' reputation as a provider of
              highly competitive library and learning resource
              services.


 K.     University of Sydney


     1. Official view


          The University of Sydney sits in the heart of the city of
          Sydney, the nation's commercial capital and host city for the
          2000 Olympic Games. The NSW Parliament incorporated the
          University of Sydney in 1850, making it Australia's first
          university. Teaching began in 1852 with three professors and
          thirty students. The first degree offered were in arts, law
          and medicine. The University has since become internationally
          renowned, using leading-edge technology to further its
          research and scholarship. Today, it has 35 000 students
          learning from over 2 000 academic and research staff.


          Each year, more than 12 000 new local, international,
          undergraduate and postgraduate students enrol at the
          university. They come for the chance to study at one of
          Australia's most innovative universities. The University is
          committed to delivery modern, diverse education, backed by
          almost 150 years of tradition.


     2. Teaching


          The University enjoys an international reputation both for
          quality of its undergraduates teaching and the breadth and
          excellence of its research. Its 110 departments located in 17
          faculties and grouped in three colleges, offer the most
          diverse range of courses of any Australian university.
          Australian scholars have elected the university staff member
          to the nation's leading academic bodies, including the
          Australian Academics of Science, Technological Sciences and
          Engineering, Social Sciences and Humanities. Students are
          catered for in 92 diverse teaching departments.


          The sophisticated computer network links the campuses to
          interstate and overseas institutions and provides extensive
          student access to computer modems. It has a great diversity of
          clubs, societies and sports associations than any other
          Australian university.


          It is committed to continued growth in the flow of students
          between countries, a flow involving local students from the
          university studying for part of their courses at leading
          overseas universities and international students coming to the
          university to undertake either full degree courses or one or
          more semesters of study through study abroad and exchange
          programmes.


          Teaching is conducted throughout the university campuses, in
          research centres, farms, teaching hospitals, libraries,
          museums, galleries, and theatres and the largest academic
          library in the southern hemisphere. Student with TAFE courses
          do have credits when they want to continue and further their
          studies at the university.


     3. Research
          The University of Sydney is a major research institution,
          contributing to the economic, cultural and social welfare of
          Australia, with the largest cohort of PHD and research masters
          students in the country.


          Sydney's researchers, in both pure and applied research, are
          ranked among the world's best. By supporting distinguished
          practitioners of applied research, the University has
          established an international reputation for research
          excellence.


          It has developed strong links with industry and was a lead
          partner in the establishment of the Australian Technology
          Park. More than 6 000 staff and students are engaged in
          research and in 1998 the University was awarded 80 new
          Australian Research Council large grants, the largest number
          of any institution in Australia, and worth $13,7 million.


     4. International status of University


          Sydney is an international university linked t every part of
          the world. Scholars from more than 80 countries contribute to
          campus life. Most of the students come from China/Hong Kong,
          Singapore, Malaysia, Korea, the United States, Indonesia and
          Japan, while student intakes from Europe are also growing.


          Sydney University exchange students are currently studying at
          20 universities around the world and it supports them with
          grants, scholarship and award to cover fares and living
          expenses. Many departments also include short-term overseas
          projects in their courses.


          The active participation of students from many different
          backgrounds and nations in university life enriches the
          university. By attracting overseas students, through
          scholarships and other support programmes, and encouraging
          local students to use the Study Abroad Scheme and exchange
          programmes with foreign universities, the universities
          maintains a global vision.


     5. Serving community


          The University's academic staff is active in professional,
          scientific, cultural and academic organisations and advice to
          governments, statutory authorities and community groups. They
          engage in policy debates, articulate community needs and set
          the agenda for change.


          A number of university organisations, many of them voluntary,
          are actively involved in the community. Regular events,
          lecturers and exhibitions are open to the public.


     6. University's Strategic Plan for 1999 to 2004


          This is the second of the University's recent strategic plans.
          The plan sets out strategic goals and objectives for the
          period up to an beyond the University's 150th anniversary.


          The Plan is complemented by further plans at the college,
          Faculty and Department level which translate goals and
          objectives into detailed operational strategies. The plans
          play an important role in the central administrative
          portfolio's in the university library and with respect to
          information technology, research management, teaching and
          learning, internationalization, the student university
          experience strategy and the capital development programme.


          The University plan builds on the achievements of the original
          1994-2000 plan and addresses new strategic priorities. It
          assists re-evaluation of the annual performance against agreed
          goals and forms a valuable part of the unversity's
          accountability processes. The major goals are as follows:


          (1) To maintain and enhance its positions as an outstanding
              provider of high quality undergraduate and postgraduate
              teaching, both in Australia and internationally.


          (2) To provivide access to tertary study and appropriate
              support for students from a diversity of backgrounds.


          (3) To develop its reputation as an institution where pure and
              applied research and research training are conducted at
              nationally and internationally recognised standards,
              including research relevant to the economic, social and
              cultural well-being of Australia and the region.


          (4) To enhance its position as a university of high standing
              in the international community of scholars.


          (5) To make a significant contribution to the well-being and
              enhancement of the wide range of professions with which
              it engages.


          (6) To improve its position as an efficient, effective and
              responsible institution, striving to meet the needs of
              students and staff, and committed to qualify in all
              aspects of its operations.


          (7) To maintain and enhance its position as a leading
              contributor to the opinion of ideas, cultures and
              lifestyles of the many communities it serves locally,
              nationally and internationally.


 L.     Education Queensland International, Brisbane


     1. Official view by Mr F Jansen


          The Education Queensland International is the largest public
          sector in Queensland. It has more than 10 000 teachers with
          more than 1 300 schools. Over a period of two years, parents,
          students and teachers came up with a long-term strategy for
          the future of education in Queensland. Education Queensland
          has intentional structures set up to make sure that education
          is in control and have partnership with private sector.


     2. Curriculum, teaching and learning


          Curriculum, teaching and learning is the central focus for all
          schools. It is accepted that there is a need for a broad
          common curriculum. Nevertheless, schools have the additional
          capacity to generate locally approved curriculum options,
          which address these broad curriculum requirements and also
          meet specific local needs. In addition, schools need to ensure
          regular reviews of the schools' curriculum; recognise that
          essential learning is not all academic and ensure quality
          professional development and training, associated with
          curriculum delivery and implementation.


     3. Curriculum


          In Queensland, two statutory authorities, the Queensland
          School Curriculum Council (QSCC) and the Board of Senior
          Secondary School Studies (BSSS) develop syllabuses approved by
          the Minister of Education. The QSCC develop curriculum
          materials for pre-school and the compulsory years of schooling
          (Years 1 - 10) in Queensland schools, and the BSSSS for Years
          11 - 12. These include statewide approved syllabuses; i.e QSCC
          Key learning area syllabuses; QSCC pre-school curriculum
          guidelines; QSCC Years 9 - 10 subject syllabuses; and for
          Years 11 and 12, BSSS syllabuses including Subject Area
          Specifications.


          The district director approved schools curriculum offering in
          the Standard Flexibility Option. Any changes to school
          curriculum offerings are approved by the principal, subject to
          consultation with the district director and school advisory
          committee, or subject to consultation with the school council.
          Schools therefore are given an opportunity to become more self-
          managing as they have a significant role in their development
          and outcomes.


     4. School curriculum programmes
          School curriculum programmes are expected to be implemented by
          all teachers within a school. These programmes are structured
          to accommodate appropriate professional flexibility for
          teachers. Teachers are able to develop their own knowledge,
          interests and experience.


          Education Queensland support schools during implementation
          phase of each syllabus by providing access to professional
          development and training. They also provide systematic models
          for school curriculum programme which are sample school
          curriculum programmes reflecting some ways in which the
          syllabuses can be interpreted. The school has an important
          role to play in each child social development.


     5. Presentation by Research Manager, Mr P Buchanan


          The virtual schooling service has 36 district offices. All
          schools are connected to network and administrative data. They
          intend for their schools to offer a full range of subjects. At
          present, they have 110 students (11 students in the pilot
          phase), with four schools in this project. Schools involved in
          the project are part of Education Queensland's connection.


          They offer vocational and computer studies, Japanese and
          Mathematics C (i.e. Advanced Mathematics).


     6. Virtual classroom


          The virtual classroom allows students and teachers to interact
          during lessons by communicating with students by phone or by a
          computer. Teachers work with their students from different
          locations. Students and teachers connect for two on-line
          lessons of 40 minutes per week. Computers and telephone enable
          the lessons to be delivered to students. Interactive
          whiteboard can also be increased and teaching on-line allows
          teachers to put screens for students to read and information
          can be share with the class.


          Schools can deliver these essential services to those schools
          which have no teachers to offer particular subjects like
          Mathematics, Economics etc. They can teach from the office
          while they are in the Department. All schools are connected in
          the Department of Education network and all schools have
          Internet networks.


      7. Virtual study room


          Students access this study room anytime to get work set by the
          teachers. They do their work on their own and they can easily
          work on line. Interactive whiteboard (students can type on the
          whiteboard and can be shared with the class), presentations
          and software programme can be shared by students.


          It also provides students with easy access to learning
          materials, resources and assignments and students work on
          these materials in lessons. The tasks are modernised by weeks
          and these help the students to review their learning skills.
     8. Other sources of information


          Curriculum exchange provides teachers and students access to
          curriculum resources and materials via the Internet. The
          subjects are chosen through curriculum to run on the virtual
          schooling service. There is no restrictions in numbers, but in
          on-line teacher can teach 12 - 25 students. In relation to its
          limitation, it is different from the normal classroom
          teaching.


     9. Presentation by Manager: Material Development, Mr K Jewell


          They need their materials delivered in another way than
          through the post. All materials are paper-based and contain
          copyright material and difficult to modify. They are available
          to schools in electronic form.


          Their vision for on-line delivery are: write once, publish in
          different forms, print, CD-ROM and web. To move towards the
          vision they need to investigate and choose suitable software;
          establish production processes - educate the writers in
          descriptive writing; establish writing templates and style
          guides and interactive way; and minimise the reliance on
          copyright materials and modular materials - develop them as
          smaller modules. The spelling websites help to improve
          learning outcomes.


     10.     Budget


          The money is allocated by the Department to provide these
          materials to all schools. The estimated cost of two CD-Roms
          and two websites is $185 000. It takes up to 12 months with an
          estimated amount of $125 000 to produce a single CD-ROM packed
          with audio.


     11.     Presentation by Dr B Dudley, Deputy Director: Moderation
          and Curriculum, Board of Senior Secondary School Studies


          (1) Role of curriculum committee


              This committee is an advisory committee to the Board. The
              functions of the committee are -


              (a)  to keep the Board informed of current trends in
                   curriculum development in secondary education;


              (b)  to review syllabi and other materials submitted by
                   subject advisory committees;


              (c)  to make recommendations to the Board additional to
                   those made by subject advisory committees about the
                   suitability of syllabi and other materials in the
                   context of the senior secondary curriculum; and


              (d)  to assist in other matters the Board may determine
                   from time to time.


              A major function of the Committee is the reviewing of
              syllabi recommended by subject advisory committees. The
              curriculum committee forwards advice to the Board in
              addition to that provided by subject advisory committees
              at each of the crucial stages of the development of
              syllabi, which are when proposals for changes are made;
              when proposed syllabi are recommended to the Board; when
              the annual decisions regarding the rates of progress of
              syllabi are made; and when trial, pilot and trial-pilot
              decisions resulting from evaluations are made.


              The advice of the committee is widely based. While the
              advice of subject advisory committees is generally
              subject-specific, that offered to the Board by the
              curriculum committee is directed towards helping the
              Board make decisions about the relationship between
              subjects and the likely impact of new or revised subjects
              across a school curriculum or across the State.


          (2) Role of office of Board
              This office services the following aspects of the
              development of syllabi:


              (a)  Initial research to inform subject advisory
                   committees.


              (b)  Writing syllabi and work programmes.


              (c)  Accreditation of work programmes.


              (d)  Monitoring and verification of folios of student
                   work.


              (e)  Development and dissemination of appropriate
                   standards for student achievement.


              (f)  Evaluations of trials, pilots, and trial-pilots by
                   independent evaluators.


              (g)  Conferences of teachers for trials, pilots and trial-
                   pilots.


              The curriculum, moderation and vocational education
              sections of this office provide the services appropriate
              to their areas of responsibility. Throughout the
              development of a syllabus the Assistant Director
              (Curriculum) and the Assistant Director (Moderation)
              liaise frequently to ensure that the Curriculum and
              Moderation sections function well together. In the case
              of syllabi with embedded vocational education and
              training components, the Assistant Director (Vocational
              Education and Training) liaises with the other two
              assistant directors to ensure that the three sections
              function well together.


              The other major functions of the Board are to develop and
              approve syllabi for subjects for Year 11 and 12; moderate
              the standard of assessment implemented by the school
              board; develop and implement the Queensland Core Skills
              Test; calculate the overall positions and field positions
              for tertiary entrance; issue the senior certificate (this
              certificate incorporate all the achievements); and assure
              quality vocational education and training in schools.


     12.     Australian certificate of senior secondary education


          This certificate is issued on completion of Year 12 in full-
          time schooling by the Queensland BSSSS, one of the
          Australasian Curriculum, Assessment and Certification
          Authorities. Australian certificates of senior secondary
          education are official and authentic records of student
          achievement. They are accepted nationally and internationally.


          The certificate can record student achievement in Board
          subjects and Board-registered subjected studied during Year 11
          and/or Year 12. This certificate and results in Board subjects
          are accepted by universities across Australia and around the
          world. The certificate may also record achievement in
          accredited vocational education, in the Queensland core skills
          Test, and in recorded subjects. The Queenslands' BSSSS is
          responsible for setting and maintaining the standards reported
          on its certificates.


     13.     Board subjects


          A Board subject is one for which a syllabus and school's work
          programme has been approved by the Board, and the standards of
          assessment are moderated. The minimum amount of timetable
          school time to be devoted to the study and assessment of each
          Board subject is 55 hours per semester.


          There are BSSS syllabi for over 50 subjects at the senior
          secondary level. A full list of Board subjects is available
          from the Board's office.


     14.     Board-registered subjects


          A Board-registered subject is any subject, other than a Board
          subject for which a study area specification or work programme
          has been approved by the Board. The minimum amount of
          timetabled school time to be devoted to the study and
          assessment of each Board-registered subject is 40 hours per
          semester.


     15.     Level of achievement


          This indicates the standard attained in relation to the
          criteria stated in the accredited work programme. The levels
          are:


          (1) Very High Achievement.


          (2) High Achievement.


          (3) Sound Achievement.


          (4) Limited Achievement.


          (5) Very Limited Achievement.


          Level of achievement in Board subjects are recorded only for
          students in those schools that accept Board conditions and
          follow Board procedures for the moderation of standards. They
          are based on school assessments that are not subject to the
          Board's procedures for the moderation of standards.


          The criteria used in making the final judgement of the level
          of achievement include the student's knowledge and
          understanding of the concepts and principles of the subject as
          well as the student's cognitive and practical skills in a wide
          range of situations.


     16.     Accredited vocational education


          The Board has power under the Vocational Education, Training
          and Employment Act, to accredit vocational education and to
          register providers of vocational education for students in
          Year 11 and 12. Some Board and Board-registered subjects have
          embedded in them accredited vocational education modules or
          competencies as part of Board-developed vocational education
          programmes. Student achievement in these modules and/or
          competencies is reported only if the student has successfully
          completed them. Most modules are based on industry-endorsed
          competency standards. For these modules, the Senior
          Certificate records the unit of competency recognised within
          the industry standards (e.g. handle mail to facilitate
          communication) and the title of the industry standards (e.g.
          national clerical-administrative) (private sector).


          Completion of certain sets of modules or competencies may
          qualify the student for a qualification such as Certificate II
          in Clerical-Administration (Private Sector). If so, such
          qualifications may be shown on the Senior Certificate.


     17.     Queensland core skills


          All Year 12 students are offered the opportunity to sit for
          the Queensland core skills (QSC) Test. The QSC Test -


          (1) tests the common elements of the senior curriculum
              employing three modes of response (i.e. extended writing,
              short response and multiple choice) and involves seven
              hours of testing over two consecutive days;


          (2) is a standardised test requiring reading and writing in
              Australian English;


          (3) being cross-curriculum, provides information supplementary
              to the subject results;


          (4) is a common statewide test for Queensland Year 12 students
              grounded in the Queensland senior curriculum;


          (5) is an achievement test, not an intelligence test, not an
              aptitude test; and
          (6) accessible to all Year 12 students regardless of
              individual differences in subject pattern.


          Results are recorded as grades from A to E (A indicating the
          higher achievement).


     18.     Recorded subjects


          These are subjects other than a Board subjects or Board-
          registered subject, offered by the school or other educational
          institution approved by the Board, the result of which are
          recorded on Board certificates. The Board's procedures for the
          moderation of standards of achievement do not apply to results
          in these subjects. Presently, recorded subjects are either
          approved vocational education modules or competencies, or
          approved subjects in the performing arts. Approved vocational
          education modules or competencies may be completed as a
          component of some Board-registered subjects. (A sample of 1999
          senior certificate is available on request.)
     19.     Presentation by principal project officers, Mr M Snartt
          and Ms C Harrod


          (1) Queensland School Curriculum Council


              This is an inter-systematic statutory authority
              established in 1997. It provides for the development of
              high quality curricula for pre-school to Year 10,
              including pre-school curriculum guidelines, and syllabi,
              sourcebooks and initial in-service materials for Years 1
              to 10 and have outcomes focus. The BSSSS has
              responsibility for syllabus development in Years 11 to
              12. It is responsible for quality assurance in terms of
              developing tests required under regulation. Currently,
              these tests assess aspects of literacy and numeracy
              against national benchmarks at Years 3, 5 and 7 and
              development for the compulsory years of schooling. It has
              determined that the Queensland years 1 to 10 curriculum
              have an outcome focus.


              The Council is responsible for publishing syllabi,
              sourcebook guidelines, sourcebook modules, and initial in-
              service materials for the key learning areas.


              The Council has completed the non-mandatory pre-school
              curriculum guidelines, and a number of positions on the
              cross-curriculum priorities of literacy, numeracy,
              lifeskills, and a future perspective. It has also
              conducted a number of forums, which have produced good
              reports focused on special issues, including industry and
              special education.


              Since 1997 the Council has made decisions about the
              nature of a common and core curriculum, and the nature of
              contents of syllabi, sourcebooks, and initial in-service
              materials. Information about these decisions have been
              published to schools in the council's official newsletter
              interlinks. While the Council is responsible for
              curriculum development, school authorities are
              responsible for implementation.


              It is well represented by all stakeholders, teachers
              unions, interest groups and parents.


          (2) Outcomes approach to Queensland Years 1 to 10 curriculum


              The main features of the outcomes approach to the
              Queensland Years 1 to 10 curriculum are:


              (a)  for students to demonstrate specified outcomes,
                   rather than for students to cover set materials;


              (b)  determine the nature of curriculum inputs, rather
                   than the reverse; and


              (c)  student's potential is developed at the rate
                   appropriate to them (by being allowed to develop and
                   demonstrate outcomes at one level) before working
                   toward outcomes at the next level, rather than moving
                   through expected learnings at a year level-specified
                   rate.


              The curriculum is often perceived as the aggregate of the
              courses of study offered in schools. The "structured"
              courses of study or subjects offered in schools can be
              seen to constitute a "formal" curriculum. Various
              curriculum reviews, both nationally and within
              Queensland, have highlighted the desirability of a
              holistic curriculum that promotes learning coherence and
              continuity. In Queesland, advocacy for curriculum
              coherence and continuity led to the establishment of a
              single curriculum agency for the compulsory years of
              schooling.


          (3) Curriculum development


              Curriculum development occurs at systematic and local
              levels. There are diverse ways of devising different
              courses of study that meet the different needs of
              students in different settings. Over time, new contents
              and contexts are identified by school authorities and
              local school communities. There are expectations that
              curriculum development and its ensuing realisation into
              students' learning experiences be flexible and adaptive.


          (4) Training of teachers


              Universities nominate individuals from the teaching
              faculties to train teachers before the syllabus is out.


     20.     Presentation by Manager, Learning and Development
          Foundation, Ms L Shaw


          The Foundation provides a strategic approach to learning and
          development across all sectors of Education Queensland. It
          also aims to provide support to all employees by co-ordinating
          a range of communication strategies linking individuals with
          learning and development activities and opportunities.


          It enables Education Queensland to broker, facilitate and
          maximise the provision of learning and development
          opportunities in a co-ordinated and conscious manner. It also
          exists to enable the people to unlock and enhance their
          knowledge, skills, and professional behaviours to meet future
          schooling needs of students.


          It aims to reinforce notions of its staff as the first
          learners in the organisation. The staff are informed, critical
          and lateral thinkers. With a creative and innovative mindset,
          they provide service that is flexible, relevant and engaging
          for all learners.


          The Foundation is based on the concepts of entitlement;
          professional standards; recognition of individual development
          needs; availability of programmes and services and alignment
          to the strategic direction of the system, business
          units/offices and schools.


          (1) A foundation for all employees


              The establishment of three distinct teams within the
              Foundation reflects its commitment to providing learning
              and development activities for all staff. It also
              provides services to staff in district and central
              offices and also to schools.


          (2) Membership


              It also offers all individuals an opportunity to become
              integral active members, and this is central to the
              Foundation's future success. The members on the regular
              basis will inform the Foundation's strategic direction,
              be active as learners, and be valued members and
              participants of the learning community.


          (3) Foundation Online
              This will be launched during the latter part of 2000.
              This networked learning community will be accessible
              through the technological advances created by the
              ConnectEd project, and provides the opportunity for all
              members to interact via a learning laboratory available
              through every online computer.


 M.     University of Queensland


     Official view by Professor A Luke and Prof T Grigg


     1. Graduate School of Education


          The University was set up by an Act of Parliament: The
          University of Queensland Act. There are approximately 100
          Aboriginal students studying at the University. The Graduate
          School of Education is one of the largest graduate school in
          Australia with 1 587 students from home and overseas. The
          teaching began in 1945. The Faculty of Education was
          established in December 1949 and grew to be one of the largest
          in the university. In 1997 it became part of the new Faculty
          of Social and Behavioural Sciences.


          There is a strong research culture in the school which
          provides an opportunity for students to contribute to new
          research ideas. Students are encouraged to take part in the
          Research interest groups as well as to attend research
          seminars, weekend workshops and conferences organised in the
          Graduate School of Education.


          It provides a variety of ways of studying as well as a range
          of courses, and offers new and interesting opportunities for
          students and staff in teaching, learning, research and
          professional development. Other research within the School
          focuses on the improvement of teaching and learning, on
          behaviour disorders and communication. Other major research
          programmes include Literacy Education, Intercultural
          Communication, Mathematics and Science Education and the
          Higher Education Policy Project, which has resulted in many
          publications by staff and students. A library of policy and
          other documents available for use has supported this research
          by all staff and students.


          The Research and Postgraduate Committee of the Graduate School
          of Education supports postgraduate research through funding
          policy making, and through the organisation of a variety of
          research and thesis workshops, seminars and conferences.


     2. Support services and facilities


          It offers well-established and comprehensive support
          facilities to its students. It owns the largest library in
          Queensland, comprising a central library and 11 branch
          libraries. Computer-assisted learning is also widely used
          throughout the University. For students with disabilities,
          special arrangements can be made to facilitate study and
          access to university facilities. It provides an extensive
          range of services including cafÿ, a shopping arcade, theatre
          and gallery, dental surgery and optometrist, women's equal
          opportunity area, legal advice and travel agencies.


      3. Funding


          Funding received by the University include government grants,
          contributions by students through the Higher Education
          Contribution Scheme (HECS), tuition fees, research grants and
          contracts, donations and miscellaneous revenue. It has a
          budget for 1999 exceeding $550 million, owns equipment valued
          at $171 million and employs more than 5 000 staff. Student
          fees are levied including Australian residents and
          international students. State government plays a minor role in
          funding the university.


     4. Revenue


          About half of the University's revenue is derived from the
          Commonwealth government grants which totalled $243 million in
          1997 financial year. The HECS makes up less than 13% of total
          university revenue, with fees and charges comprising a further
          13%. The remainder of income is derived from Queensland
          government grants, specific research grants and contracts,
          from services provided to community and from funds for
          scholarships, prizes and other special purposes nominated by
          donors.


     5. Expenditure


          Two thirds of the university's net income is used to support
          major teaching and research activities and associated support
          services. Other major expenses include libraries, student and
          public services, academic support services, property and
          facilities and administration costs.


     6. Fund-raising


          Direct fund-raising activities are pursued through the
          development office, the University of Queensland Foundation
          Ltd. It also benefits from the fund-raising activities of a
          number of other bodies like Alumni Association of the
          University of Queensland, Graduate Associations in Australia
          and overseas etc.


          An Annual Appeal and major gifts programme is actively
          promoted each year to fund a range of activities including
          scholarship, research, equipment, library resources which
          assists intellectually-able students from disadvantaged
          backgrounds.


     7. Exchange programmes


          It has exchange programmes with the university of Pretoria and
          university of Witwatersrand and these links are extremely
          active and beneficial. Presently, they have 412 exchange
          students drawn all over the world.


     8. Loans


          $400 million is allocated for loans. Loan scheme and
          scholarships are given to international students who are doing
          research. These students are also given a living allowance of
          $150 per week.


          Loans are granted to students while studying and on completion
          of the course, repayment is made by being deducted from
          student's salaries in a form of taxation.


     9. New Basics Project


          The New Basics are clusters, families or groups of practices
          that are essential for survival in the world that students
          have to deal with. There are four clusters, namely life
          pathaways and social future; multi-literacies and
          communication media; active citizenship and environments and
          technologies, together they describe the interactive
          requirements of new life and future orientations. This New
          Basics acts as curriculum organisers and is aimed at narrowing
          the outcomes. As such, they will help schools, teachers and
          curriculum planners to move beyond a defence of status quo
          knowledges to a critical engagement with the ongoing change
          that characterises social, technological and economic
          conditions.


N.      Parliament House, Canberra


     The delegation was warmly welcomed by both the Senate Standing
     Committee on Employment, Workplace Relations, Small Business and
     Education and House of Representatives Standing Committee on
     Employment, Education & Workplace Relations. Both Committees were
     represented as follows:


     1. Standing Committee (House of Representatives)


          The House of Representatives Standing Committee, under the
          leadership of the Chairperson, Mr B Nelson included Mr K
          Sawford (Deputy Chairperson); Ms M May, Mr K Barlett; Mr P
          Baressi; Ms J Gillard; Ms K Elson; Ms T Gambaro; Mr C Emerson
          and Mr P McMahon (Committee Secretary).
     2. Standing Committee (Senate)


          The Senate Standing Committee was led by the Chairperson
          Senator J Tierney included Senator T Crossin; Senator N Stott-
          Despja; Senator J Ferris and Mr J Carter (Committee
          Secretary).


          Prof S M Mayatula and Mr R P Z Van den Heever gave a brief
          overview of the visit to Australia, South African legislative
          processes and role of the Committee in general.


          Constructive discussions were held with regard to functions
          they perform, their role in formulating legislations. They
          also do lot of enquiries in relation to educational matters.
          The Senate Standing Committee has more intervention approach
          than House of Representatives and has a major role in looking
          at legislation. They have caucus committees to discuss and
          agree on any legislation.


          As the Standing Committee from the House of Representatives
          has an oversight function to enquire on small business, it
          focuses at the retail sector, introduces the measures in the
          budget to assist women in business and encourages the
          development of small business to escape poverty for Aboriginal
          communities. All committees are attached to a secretariat and
          staff are well-resourced.


     3. Launch of HIV/AIDS Education


          Australia has recognised the need for co-ordinated action to
          combat HIV and AIDS. In the National HIV/AIDS Strategy,
          Australia leads the way in responding to the challenges posed
          by the HIV/AIDS epidemic.


          (The National HIV/Strategy: 1999-00 to 2003-04 (Changes and
          Challenges) comprehensive document is available on request).


          In OBE, emphasis is put on numeracy and literacy and on the
          basic benchmarks.


     4. Courtesy visit to Presiding Officers
          The delegation also paid a courtesy visit to the Presiding
          Officers in Parliament House: The President; the Senate
          Speaker, Sen the Hon M Reid; and the Speaker of the House of
          Representatives, the Hon N Andrew.


 O.     Legislative Assembly for Australian Capital Territory (ACT)


     1. Official view of Standing Committee on Education, Community
          Services and Recreation


          The Chairperson, Ms K Tucker (Chairperson); Mr W Berry (Deputy
          Chairperson); Mr H H Hird; union representative; departmental
          officials and key community people were in attendance in the
          working lunch hosted by the Legislative Assembly.


          This Committee examine education, schooling, training
          services, children's, youth/ family services and
          sport/recreation and any other related matters.


          The ACT and Queensland schools have general examination and
          school assessment designed to assess the outcomes which has
          impact on the personal development of the individuals. Most of
          the assessments are outcomes-based and aimed to assess what
          they have achieved and not to compare children and schools. In
          national ACT testing - the curriculum is narrowed and focus is
          in the criteria in which those standards are directed. The key
          competency clearly state what the school should focus on.


          The ACT government is committed to improve the schools and
          student outcomes by working in partnership with teachers and
          parents. A range of information on school performance is
          provided which includes school board annual reports; regular
          school performance reports from quality assurance assessment
          through the school development progress; and comparative data
          on government and non-government college performance published
          annually.


          Reading, writing and numeracy skills are the basic building
          blocks of a successful education, and are vital to students'
          future life opportunities. Testing students' skills is an
          important way of monitoring student performance in these vital
          areas.


          Schools also provide the opportunity for parents to receive
          feedback and discuss each individual's performance through
          parent-teacher interviews.


          It also introduced literacy testing into government schools in
          1997, and numeracy testing in 1999. The latest results on
          Years 3,5,7, and 9 literacy and numeracy performance were
          given to parents in late February 2000. A national benchmark
          for Year 3 reading has been established, with other minimum
          literacy and numeracy standards being developed for Years 3,
          5, 7 and 9. Reporting individual student and ACT results
          against these benchmarks provide greater detail about how well
          the department is achieving the literacy and numeracy goals.
          Schools also receive the reports that should remains
          confidential to the school. These reports compare the school's
          performance with the system results, but is not available to
          parents.


     2. Resources


          Additional resources are targeted to support students in need
          of extra help. In 1999, $5,48 million was allocated as
          learning assistance support for students in the greatest need
          and an additional S4,3 million was allocated for learning
          English as a second language. In Years 3 and 5, learning
          assistance support is provided for students performing in the
          bottom 20% of the year group.


          There is a strong public interest in providing more
          performance information to the public, although no government
          school system in Australia currently publishes school by
          school literacy and numeracy results in a form which enables
          comparisons to be made between schools.
 P.     Department of Education, Training and Youth Affairs (DETYA)
     The delegation was welcomed by the departmental officials which
     included, Ms M Bell, Ms M McDowell, Ms C Wildermuth, Mr D McCann,
     Ms E Jones and Mr B Pearson.


     Official view


     1. University Involvement in distance education


          In 1999, 84 757 students in Australia studied externally out
          of a total of 603 156 students, a 2,3% rise on 1998 figures.
          Including overseas students, the number of students studying
          externally rose to 94 010 out of total of 686 267.


          All universities can offer distance education courses. Several
          universities do not offer external courses like ANU,
          University of Canberra, University of Western Australia,
          University of Technology, Sydney. Major providers in Australia
          are:
          Charles Sturt University  16 039
          University of New England 11 377
          Deakin University    10 277
          Monash University     7 008
          University of Southern Queensland     10 806
          Central Queensland University    5 168
          Edith Cowan University     3 704
          Universtiy of South Australia    3 286


          Australian universities also provide distance education for
          overseas students. Large markets include:


          Singapore       2 979
          Hong Kong       2 080
          Malaysia  1 725
          South Africa      244


          The corporate arms of universities also are involved in
          distance education, e.g Deakin Australia. There is no
          breakdown in statistics on fields of study for external
          students but the range of subjects offered externally is not
          restricted.
     2. Open Learning Australia (OLA)


          It is a private company owned by Monash University originally,
          but now with a number of university shareholders. It operates
          as a broker of higher education and vocational education and
          training and training courses.


          The company was established in 1993 with Commonwealth funding
          of $29 million over four years. The Commonwealth government at
          that time was looking to alternative ways of providing higher
          education and vocational education and training courses for a
          number of reasons. At the time there was some evidence that up
          to 50 000 eligible students could not get into university
          because of insufficient places. Also there was a strong
          interest in government in the use of technology to support
          teaching and learning especially the use of television and
          radio but also emerging computer technologies.


          A pilot project called TV Open Learning was funded in 1992 to
          broadcast learning programmes using the national, publicly
          owned, television broadcaster. Following the success of the
          pilot, the government invited university consortia to apply
          for funding to establish an open learning agency. After early
          growth the OLA has had modest success, with an average of
          about 2 400 students per study period (there are 4 study
          periods a year with a workload equivalent to a university
          semester). An undergraduate degree comprises 24 unit subjects.
          Cost per subject for higher education is around $454 (1999).


          The unique features of the OLA are:


          (1) There are no entry requirements.


          (2) Four continuous study periods, each equivalent to a
              university semester.


          (3) The award given, whether undergraduate or postgraduate
              degree or vocational qualification, is from the
              university or TAFE providers and not from the OLA as is
              the case for the UK's Open University.


          (4) Students can choose subjects from a range of providers
              with full credit transfer between them.


          (5) No face to face contact is required.


          (6) Through OLA, there have been innovative approaches to
              distance learning like home-based science experiments,
              artistic courses involving performance etc.


          Australian universities have increased use of on-line courses
          and learning services. They have used a range of flexible
          teaching and learning approaches, ranging from print-based
          materials, through audio and video tapes, CD-Roms,
          teleconferencing and video-conferencing. The use of on-line
          teaching and learning is growing in on-campus courses and off-
          campus.


     3. Higher education funding
          As universities are autonomous bodies set up under State
          legislation, the allocation of Commonwealth operating grant
          funds between various faculties/courses is a matter for
          individual universities to determine.


          The existing funding framework was introduced following a
          major review of higher education policy and financing
          arrangement in 1998. The main features of the current
          framework are:


          (1) Provision of operating resources as a single bloc
              operating grant for a specified level of student load
              within the context of an educational profile that covers
              its teaching and research activities. Operating grant
              also include a capital, research quantum and Indigenous
              Support funding components.


          (2) Allocation of resources in the context of a rolling
              triennium which ensures that institutions have a secure
              level of funding on which to base their planning for at
              least three years.


          (3) Allocation of research funding primarily on a competitive
              basis ($452,4 million in 2000).


          (4) Capital funding ($39,4 million in 2000).


          (5) An accountability framework provided essentially by the
              yearly submission of educational profiles.


          While the Commonwealth provides the bulk of university funds
          ($5,72 billion in 2000), higher education institutions are
          essentially autonomous organisations that are responsible for
          the distribution of funds between faculties and schools based
          on their own assessment of priorities and needs.


     4. Operating Grant


          Operating grants consist of four components:
          (1) A teaching related component.


          (2) Indigenous Support Funding.


          (3) The Research Quantum (RQ) component.


          (4) A capital component (capital roll-in).


          The teaching related component forms the largest part of the
          operating grant. In 2000, the value of teaching related
          component is approximately $4,46 billion compared to $22,7
          million for the Indigenous Support Funding, $223 million for
          the RQ component and $267,3 million for the capital component.


          The teaching related component provides funds for the general
          operating purposes of the institution. This includes academic
          and non-academic staff salaries, minor works and equipment,
          etc.


          In 2000, operating funding for higher education institutions
          was allocated in the context of two targets:


          (a) A total of fully subsidised places (previously total load
              target) which defines the student places in Equivalent
              Full-time Student Units (EFTSU) for which an institutions
              is funded in a given year of the relevant triennium.


          (b) Undergraduate fully subsidised places (previously
              undergraduate target) which defines the minimum places
              (EFTSU) dedicated to undergraduate teaching activity in a
              given year.


     5. Educational profiles


          Educational profiles are one of the key elements of the
          Commonwealth's accountability framework for higher education
          institutions. The process is annual and is established under
          legislation (The Higher Education Funding Act). The process
          enables the Commonwealth to be assured of a financial health
          of the sector that institutions are spending Commonwealth
          funds in accordance with the conditions of their grants.


          Prior to the consultations institutions are asked to provide a
          range of statistical data and other information to the
          Department. The requirements are approved by the Minister and
          usually include:


          (1) Statistical data on students for the current year and the
              next triennium.


          (2) Data on commencing and all students in Commonwealth
              subsidised places by course type (undergraduate,
              postgraduate, higher degree etc).


          (3) Data on all students included in first table who are
              studying off campus.


          (4) Data on non-overseas fee-paying undergraduate and
              postgraduate students by course type.


          (5) Data on all students by funding source.


          (6) A capital management plan which shows projected capital
              income and expenditure, projected loans and debt
              redemption.


          (7) Three other plans outlining strategies and performance on-
              equity, Indigenous education and quality assurance and
              improvement.


          Institutions are also asked to provide their audited financial
          statements for the previous year and extract from their
          strategic or business plans which focus on their goals and
          priorities, strengths and market targets.


          The data is required mid year. It is then analysed within the
          Department and consultations with individual institutions are
          scheduled for August and September. Once the consultation
          round is completed, the Department briefs the Minister on
          outcomes and provides recommendations on funding. The
          Minister's decisions are announced in the higher education
          statement for the forthcoming triennium, usually released in
          mid December.


     6. Capital development pool


          Since 1994 the large part of higher education capital funding
          has been rolled into institutional operating grants. However
          the government maintains the Capital Development Pool,
          currently at the level of S38,75 million per annum, allocate
          to "special capital projects". The Minister recently announced
          Capital Development Pool allocations for 2000 and 2001.


          The main type of "special capital project" has been the
          construction of new campuses in suburban growth corridors and
          regional centers, usually in response to demand and student
          place growth. Some 45% of the CDP since 1994 has gone to
          Queensland where growth has been greatest. Most new campuses
          are affiliates of established universities, although the
          recently independent University of the Sunshine Coast was
          largely constructed from CDP funds.


          In 1998 the government announced that from 2000 onwards, the
          CDP would be redirected to provide more funding to electronic
          delivery infrastructure projects to facilitate flexible mode
          delivery and "virtual" education services. The intention of
          the new CDP objective is to assist Australian universities to
          be better positioned to compete nationally and international
          in flexible delivery of education services and to provide
          greater choices and opportunities to students.


     7. Research Funding


          The policy statement on research and research training
          announces 4 components in terms of Commonwealth approach:


          (1) Competitive Research Scheme: Universities and researchers
              working within them should see themselves as active
              participants in national and regional development through
              the advancement of knowledge and its application to meet
              social needs through commercial means or public policy
              measures. New knowledge, new opportunities highlighted
              the need for a coherent policy framework for maximising
              the national returns to investment in research in
              Australian higher education. Competition between
              researchers provide advice to government on strategic
              policies on research and research council.


          (2) Performance-based funding: This was proposed to support
              institutional research and research training and received
              widespread support. The Government believes that this
              approach will best recognise and reward those
              institutions that provide high-quality research training
              environments and support excellent and diverse research
              activities.


          (3) Regional support: Higher education institutions play a
              vital economic, social and cultural role in their local
              communities, generating a wide range of employment
              options and contributing to the development of regional
              Australia.


          (4) Accountability and quality assurance: This approach is
              consistent with the Government's commitment to
              strengthening the international competitiveness of higher
              education institution while reducing regulation and
              intervention in universities' activities.


     8. Registration, Accreditation and Quality Assurance of Higher
          Education Institutions


          States and Territories are responsible for the establishment
          of universities; accreditation of higher education courses and
          registration of non-self-accrediting providers and protection
          of the term "university".


          (1) Establishment of universities: Thorough review of the
              institution is done by an independent, expert panel; do
              evaluation against agreed national criteria and
              professional associations and peer assessment mechanisms
              integral to assure quality standards.


          (2) Accreditation of courses: Titles and characteristics of
              higher education awards (i.e. Bachelor, Master) are
              specified/protected under the AQF, assessment of intended
              course and provider undertaken by expert panel,
              States/Territories maintain public registers of
              accredited course and registered providers.


          (3) Protection of term "university": All States and
              Territories protect the term "university".
     9. Closer links with AQF


          The AQF lists all institutions accredited by
          States/Territories and the Commonwealth provide higher
          education courses. The State and Territory accreditation
          bodies work closely with the AQF to ensure approved
          institutions and courses are listed on the AQF registers, and
          to improve communication on common issues.


     10.     Other elements of framework


          DETYA plays a key role in maintaining a high quality higher
          education sector through the -


          (1) publication of institution's Quality plans;


          (2) publication of benchmarks and performance indicators; and


          (3) Australian University Teaching Committee - awards
              excellence in teaching and provides grants for teaching
              projects.


     11.     Australian Universities Quality Agency


          It is an independent national body, which conducts assurance
          audits of self-accrediting institution and State/Territory
          accreditation authorities. It also provides public reports of
          outcomes of audits and report on relative standards of the
          Australian system.


     12.     National protocols for higher education approval processes


          Most State and Territories have legislative provision
          governing the recognition on non-self accrediting institutions
          who wish to offer courses leading to higher education awards,
          the approval of courses offered by non-self accrediting
          institution and mechanisms to approve the establishment and
          operation of institutions wishing to operate as universities
          within their jurisdiction. All States and Territories,
          excluding the external Territories, protect the use of the
          term "university" in legislation regulating the use of
          business name.


          While there are many similarities in how States and
          Territories manage the recognition of Universities and the
          accreditation of courses offered by non-self accrediting
          institutions, there is no nationally agreed protocol of common
          principles underpinning the management of these functions.


     13.     Teacher Training


          Teacher education in Australia is fundamentally conducted in
          universities. In 1960 there were education colleges which were
          staffed by State government. The general training requirement
          is 4 years. No uniform salaries, they differ from State to
          State.


 Q.     Questacon - National Science and Technology Centre


     The delegation attended the cocktail function "A Science Festival
     to South Africa" hosted by Can Trade Board and the Australian
     National University followed by a one hour tour of Questacon.


     Their involvement with the proposed tour of "Science on the Move"
     to South Africa will be to provide some of the theoretical
     "underpinnings" of science communication with the general public.
     In particular, they are conscious of the need to portray
     indigenous science and technology in the programme and, with
     Questacon, will ensure that this aspect of the science circus
     shows and exhibits is not overlooked. In the longer term, they are
     looking forward to the possibility of working with young South
     Africans to present a circus that is culturally aware, locally
     based and at the forefront of the international science
     communication movement.


     1. Background


          The Science on the Move programme provides a rich tapestry of
          experiences for people of all ages to appreciate the impact of
          science and technology on their everyday lives.
          The multifaceted programme is presented in an entertaining and
          interactive manner, contributing to and supporting not only
          formal school education, but also non-formal community
          education.


          The programme builds on a high successful tour of nine South
          Pacific countries during 1997 - Marshal Islands, Kiribati
          Republic, Tuvalu, Vanuatu, Fiji, Solomon Islands, Cook
          Islands, Tonga, and Western Samoa.


     2. Objectives


          The programme addresses both short and longer term development
          issues. South Africa currently has little or no access to
          programmes of this kind which, in other regions of the world,
          have been used extensively to raise awareness of science and
          technology and their importance to development.


          In the short term, the programme provides a broadly-targeted,
          cost-effective community and school education programme
          designed to make a substantial, widespread impact, thereby
          establishing a significant baseline for follow-up activity in
          this field. The programme has the potential to reach many
          thousands of people in each venue, raising awareness of
          science and technology. This, in longer term, contributes to
          the development of a climate of understanding, valuing and
          support - in social, political and economic contexts - for
          science and technology and their significance to development.


          The programme can incorporate strategic, targeted, capacity-
          building elements which invest the development of key
          professionals (such as teachers) so that, after the programme
          has concluded, South Africa can continue to build on the
          experience. In this way, the programme can build capacity and
          skills of teachers in South Africa so that they can develop,
          in ways which are appropriate to local cultural contexts,
          interactive programmes to promote and support the development
          of scientific and technological literacy through formal and
          non-formal education.


          The specific objectives of the programmes are to -


          (1) promote general community awareness and understanding of
              science and technology and their relationship to everyday
              life and to environment, population and development
              issues through the provision of interactive exhibitions
              and programmes focusing on hands-on experiences;


          (2) increase skills and capacities of primary and secondary
              teachers through professional development and training in
              the area of hands-on, interactive approaches to science,
              technology and environment education, thereby supporting
              and enhancing existing and emerging programmes of
              curriculum renewal which advocate this approach; and


          (3) build and support a network of professional within South
              Africa in order to support the development of scientific
              and technological literacy, not only within the formal
              schooling sector, but also within the non-formal
              education sector, with strong links to programmes such as
              UNESCO's regional pacific programmes (through Australia's
              centre for Public Awareness of Science) and to existing
              science communications networks.


     3. Programme


          The Science on the Move programme consists of the following:


          (1) The hands-on, interactive exhibition entitled Science on
              the Move: The exhibits focus on a variety of science
              phenomenon, including environment and population issues.
              This exhibition is easily set up in major population
              centers, rural or remote areas. Local people are trained
              by experienced circus staff as 'explainers' to assist
              visiting school groups and members of the public as they
              interact with the hands-on exhibits, providing
              interpretation in local languages as necessary.


          (2) Science demonstration shows: These entertaining shows
              present science as it relates to everyday life and to
              important environment and population issues. In both
              major venues and the smaller, regional venues, local
              people can be trained to assist circus staff with the
              presentation of science shows. This helps to overcome any
              language/cultural variations, particularly in the more
              isolated locations.


          (3) Teacher training and professional development workshops:
              Based on Questacon's popular hands-on minds-on workshop
              programmes across Australia and the Pacific, these
              workshops can be provided to assist primary and junior
              secondary teachers to implement interactive learning
              strategies within their classrooms, encouraging greater
              use of hands-on, activity-centred approaches as promoted
              by curriculum renewal processes already underway in South
              Africa.


     4. Educational challenges and opportunities


          Substantial programme of educational reform at basic education
          level are at various stages of implementation in many
          countries The task of effecting a significant philosophical
          and pedagogical change from a predominant "education for those
          proceeding to higher education" position to an 'education for
          all' position presents many problems in relation to the
          curriculum reform process.


          One of the key challenges of new science and technology
          curricula is to organise learning experiences which, rather
          than being predetermined in the manner of a syllabus, are
          customised and more responsive to students' existing knowledge
          and experience. The interactive approaches to learning
          originally developed by Questacon to support curriculum change
          in Australia and South Pacific schools, are a feature of the
          teacher development workshops in the Science on the Move
          programme. The workshops will not conflict with existing
          initiatives, rather they will enhance and support existing
          programmes of curriculum development and implementation in
          South Africa.


          Another key challenge of new science and technology curricula
          is to generate first-hand experience of science phenomena
          through hands-on activities. Hands-on approaches have often
          been difficult to implement in schools for a variety of
          reasons, including large class sizes, lack of specialist
          equipment and insufficient training of teachers to acquire
          skills in the provision of hands-on, practical experiences.
          The Science on the Move programme focuses on providing models
          and ideas for hands-on approaches to learning science. The
          teacher training workshops provide teachers with strategies to
          incorporate hands-on, interactive activities for their
          students without the need for specialist, expensive equipment.


          Science centre exhibitions and other public programmes play an
          important role in raising general community awareness of
          science and technology, that they are an integral part of our
          everyday experience and that support for science and
          technology is essential for the social and economic
          development of the country. This programme has been designed
          to provide a strategic initiative for generating community
          support for science and technology in general, and science and
          technology education in particular.


 R.     Australian National University and Student Association -
     official view by Director: Finance and Business Services, Mr A
     Bunsell, and Director, Division of Student Recruitment and
     International Education, Dr M Vargese


     This university was established in 1948 to be the Australian
     national research powerhouse. It was established by State
     legislation. It has been at the leading edge ever since and
     continues to attract quality staff and students from Australia and
     from around the world. It responds to Australian needs through its
     research, the contribution it makes to cultural, scientific,
     economic and technological debate and the quality of its
     graduates. The university's postgraduate and undergraduate courses
     (including honours and combined courses) offer depth and breadth.
     The graduate school spans the whole university with a broad range
     of 40 graduate programmes and the university offers its own
     English language courses and foundation studies programmes through
     the ANUTECH Education centre.


     In 1972 the government started to fund the university, 50% from
     the government and other 50% from research grants. All
     undergraduate degrees are offered over three years while a double
     degree is done over four years. Double degree in science and law
     is done in more than four years.
     The one exception about ANU, is that it was set up by the
     Commonwealth Parliament.


     1. Funding


          However, most funding for universities comes from the
          Commonwealth and therefore the government policy is the focus
          of attention. Within Parliament, education issues are
          frequently discussed during question time as well as in
          debates.


          The university receives $400 million each year. Funding from
          the Commonwealth and profiles are driven by the student
          numbers. The student loans amounts to $750 000. Funding is
          only applicable to Australian students and not for
          international students.


          Universities are funded from various several sources:
          Commonwealth government funding; State government funding;
          student contributions; investments; endowments; contracts and
          consultancies; and donations. The largest of these sources is
          Commonwealth funding.


          There has been considerable debate and no consensus on the
          appropriate balance of public and private financing of
          education in Australia. The government has control over equity
          on distribution of funds. Lot of students have to take part-
          time jobs and are provided with welfare services available to
          them. The government contributes to youth allowance of $260
          per fortnight.


          Annual conferences are held each year where policies for
          national union are discussed, looking at how the universities
          are funded, issues sustaining students themselves while they
          are in universities etc, as there should be control on
          funding.


          Postgraduates have to pay the Higher Education Contribution
          Scheme (HECS) upfront. They have a new evaluation of teaching
          system where they have to complete a questionnaire. They can
          evaluate their research work by completing the ANUDEC
          (Australian National University Document Evaluation Course).
          They also publish their magazine four times a year, specifying
          how the university is dealing with policy issues, and this
          form of communication is regarded as the most channel of
          communication strategy amongst students.


     2. Research funding


          It is funded primarily through the Australian Research
          Council, an independent government agency on the basis of
          national competition and peer review. The Council is currently
          being reorganised so that a new National Competitive Grants
          Programme can be established with two elements:


          (1) "Discovery" which will focus on basic research.


          (2) "Linkage" which will support national and international
              collaboration.
          This funding will be made to universities and also to "other
          eligible research institution".


          Universities also receive money from the Commonwealth to
          support research through the Institutional Grant Scheme which
          is intended to provide general support for research and will
          be based on the success in attracting research income from a
          variety of sources (60%); attracting research students (30%)
          and the quality and output of publications (10%).


          Funding for research training is based on the numbers of
          research students completing their degree (50%); research
          income (40%) and the quality of output publications (10%).


     3. Fees


          Students pay 27% cost of the degree in advance. $12 million is
          earned through student's fee, while $22 million is earned from
          the government. Fees are paid in 3 bands:


          (1) Social Science   $3 678


          (2) Science and engineering     $4 932


          (3) Science, law and dentistry  $5 937


     4. Involvement in distance education


          Monash and the University of New England are heavily involved
          in this area. Developments in information technology make this
          an increasingly attractive option for universities,
          particularly as a source of revenue.


     5. Quality assurance programmes


          Universities have primary responsibility for matters of
          quality through responsibility to their councils for the
          quality of their education provision and the use of external
          examiners for assessing higher degrees by research and for
          some honours degrees.


          The Commonwealth Government is directly or indirectly involved
          in quality issues through peer review mechanisms which operate
          in relation to research funding (managed by the Australian
          Research Council); the collection of sector wide efficiency
          and effectiveness indicators which are published annually; and
          the requirement that universities publish a research and
          research training management plan setting out, for example,
          areas of research strength, graduate outcomes, and links to
          industry.


          In addition, a quality assurance process is currently being
          set up by the Commonwealth Government:


          (1) The core will be an external audit based on detailed self-
              assessment, including comparisons of standards. This
              audit will be conducted every five years on a rolling
              basis.


          (2) State and Territory processes will also be subject to
              periodic audit.


          (3) The process will be managed by the Australian University
              Agency which will have as its main role the verification
              of claims made by institutions.


     6. Student funding and government bursaries


          (1) Undergraduates receive a scholarship, AUSTUDY, which is
              usually means tested against their parents' income, but
              are required to contribute to the cost of their education
              through HECS, depending on the discipline enrolled in,
              costs (which may be paid up-front or deferred until after
              graduation) vary from approximately $3,500 to S5,8000 per
              year.


          (2) All postgraduate coursework, students at the ANU pay
              tuition fees which vary significantly depending on the
              course. The most expensive, an MBA, costs $27,500 per
              year.


          (3) Most postgraduate at the masters and doctoral levels are
              funded through the following:


              (a)  Australian Postgraduate Award (APA) - these are
                   highly competitive scholarships.


              (b)  University scholarships which are equivalent in
                   amount to APA scholarships.


              (c)  Australian Postgraduate Awards (Industry) which are
                   part of a programme aimed at encouraging research
                   collaboration between universities and industry.


              (d)  International Postgraduate Research Scholarship
                   which aim to attract high quality overseas research
                   students to take up study in the country's areas of
                   research strength.


     7. Exchange programmes between Australia and South Africa


          There do not appear to be any awards offered by the South
          African Government for Australians to study in South Africa as
          there are for example, award offered by the Canadian
          Government.


          However, the Commonwealth Scholarship and Fellowship Plan
          "enables men and women of high academic promise from
          Commonwealth countries to benefit from advance study in a
          Commonwealth country other than their own" and could
          presumably apply to Australia students wishing to study in
          South Africa.


          There are exchange arrangements between individual
          universities in Australia and South Africa.


          As, according to Dr M Vargese, there are basic financial
          problems to fund student exchange programmes. There should be
          scholarship provided to students to get full academic credits.
          It has also noted that South African students are not willing
          to study at ANU, they have interest for exchange in USA and UK
          for international studies. Asian students are fully sponsored,
          they pay for themselves. ANU have strong links with East Asia.


          Dr Vargese felt imperatively important that there is a need to
          negotiate with both governments (SA and Australia) on student
          exchanges programmes as at present there are no agreement
          between them.


          The student exchange is seen as the best way to increase the
          interest of African studies by Australian students and both
          countries have to look at the postgraduate level for these
          exchange programmes.


          She also recommended that students should be given full
          academic credit for studies undertaken at Australian
          universities and the PHD students must do field work.


     8. Olympic games


          They have sporting committees in the campus dealing with
          sporting activities.


     9. Teacher evaluation


          The students do not use the outcomes when they evaluate
          teachers. Law students in the faculty take independent
          evaluations. The evaluations serves as an incentives to most
          teachers which also serves promotional factor.


     10.     Gender imbalance


          There are also women in engineering faculty who encourage
          other women to joint it. The schools encourage students to
          take various range of subjects in universities.
     11.     Cross-cultural issues on campus


          Most students organisations affiliated with student
          association have international student societies and
          indigenous associations which look at the interests of both
          international and indigenous students. There is quite an
          amount of support.


     12.     Aboriginal students


          They mostly come from rural and lower areas. They have no
          interest in student organisations. All they want is
          recognition as individuals and not aboriginals.


     13.     Governance


          The peak decision-making forum of the ANU is the university
          council. Two boards (the Board of the Institute of Advance
          Studies, and the Board of the Faculties) advise the council on
          academic matters.


     14.     Support services


          A number of areas support university staff and students. These
          include the library, computing support, building and
          environmental infrastructure and maintenance, health and
          counselling, study skills, the Centre for Educational
          Development and Academic Methods, and a range of service and
          facilities provided by the ANU students Association and the
          postgraduate and research students association.


          The university campus has conference facilities, child care
          centres, financial organisations and retail outlets.


     15.     Teaching and Research


          There is a wide variety of academic disciplines within the
          university where teaching and research are conducted, ranging
          from departments of faculties and research schools to various
          centers and programmes.


 S.     Canberra Institute of Technology (CTI) - official view by Dean
     of Faculty of Engineering and Construction, Mr R Rose, Ms T Van
     Leeuwen and the Project Officer: International Services Unit, Mr N
     Hamey


     This is a TAFE institute established in 1970. It is a largest
     government institution offering a wide range of vocational courses
     in English, Foundation Studies, Accounting Computing, Business
     Studies, Drafting, Design, Multimedia, Electronic Animation,
     Fashion, Hotel Management, Tourism, Journalism and Media, Child
     Care, Science, Sports Studies, Electronics and Engineering.


     Teaching within the institute is managed by five faculties and one
     school. The faculties and school are based on one of the six major
     campuses and offer degree, advanced diploma, diploma and
     certificate level courses which have been approved by the
     Australian Government.


     The Institute Faculties and School are: Faculty of Applied
     Science; Faculty of Communication and Community Services; Faculty
     of Engineering and Construction; Faculty of Management and
     Business; Faculty of Tourism, Retail and Hospitality and School of
     Applied Arts and Design.


     Their qualifications are recognised in Australia and
     internationally by appropriate services to International students
     including information on courses, airport reception, hostel and
     homestay accommodation placements, orientation programmes and
     tutorial and study skills programmes.


     Teaching methods are advanced and geared to a multicultural
     classroom. They also offer a wide range of tertiary education and
     training courses. Each year over 15 000 students enrol in CTI
     courses.


     Students wishing to further their studies at universities, credit
     arrangements are in place with Australian National University and
     the university of Canberra and a number of interstate and
     International universities. These credit arrangements offer a fast
     track to a degree programme. Flow of students in the university of
     Canberra is very slow. The institute has developed further links
     with industries and other institution to offer in-service training
     and these links are seen as very important. It is well streamed
     resourced.


     1. Staff complement


          There are 400 teachers, 400 general staff and 800 part-time
          staff members.


     2. Curriculum Development


          In 1989, they moved from competency based approach to VET and
          assessment which primarily focus on what a person can do;
          knowledge component undervalued in first version of standards;
          an integrated and holistic assessment; and national standards
          and national curricula.


          They have also developed competency standards within the
          industry and are task based.
          (1) Training packages


              They describe skill outcomes required by people working
              at different levels in an industry area and competencies
              are aligned to qualification levels with assessment
              guidelines. They are nationally recognised qualifications
              - certificate 1 to Advanced Diploma in the Australian
              Qualification Framework (AQF). These packages are
              developed by industry two or three training packages per
              industry, with extensive consultation with all
              stakeholders. In June 2000, 55 training packages were
              endorsed.


          (2) Implementation of Training packages


              There were 175 qualifications from 23 training packages
              in semester 1, 2000. At least six more packages will be
              implemented in 2001. These do not give information on
              learning pathway, but develop the "learning pathway" for
              each qualification, taking into account how they will
              deliver the training and assess the students. They also
              have partnerships with workplaces for implementation.


          (3) Programme development


              CTI uses a Programme Reference Group to advise on
              programme development. These programmes can be the
              following:


              (a)  CTI-developed and accredited programmes.


              (b)  Accredited programmes developed interstate and
                   adopted by CTI.


              (c)  Programmes designed to deliver training package
                   qualification.


                   The outcomes should suit the industry.


              (d)  Learning Resources.


                   There is a need for good learning guides, like role
                   of teacher and learning solutions Department;
                   production of learning guides and online delivery and
                   learner support.


              (e)  Library and learning centre.


                   There are six campus libraries. Each library has 2
                   PCs with internet connections. They also have print
                   based resources, electronic resources, information
                   literacy and internet access for students.


              (f)  Teacher Education.


                   The institute offer teacher education programmes and
                   the focus is on initial and continuing teacher
                   education. It also enhances the professionalism of
                   teachers.


              (g)  Articulated suite of programmes.
                   They are workplace training; workplace assessment;
                   certificate IV in assessment and workplace training
                   (well recognised by the industry); graduate
                   certificate in tertiary teaching and learning and
                   graduate diploma in tertiary teaching and learning.


     3. Australia-SA Educational Linkage programmes


          They have links with the Rural Water Quality project in
          Saulspoort Region in North West, conducted at Witswatersrand
          Technikon. The project will cease its work in July 2000 and
          the report will be finalised.


 T.     International Development Programme (IDP) Education Australia -
     official view by Chief Executive, Ms L Hyam, General Manager:
     International Projects, Dr E Derviniotis and Ms R Stoke


     IDP was established in 1932 by Australia's universities as a non-
     profit company, providing assistance to education system overseas.
     Located in 31 countries, it provides access to education and
     promotes the use of Australian education expertise, and
     facilitates the enrolment of international students in Australia
     and supports the delivery of Australia education off-shoot. Its
     activities include project management, fellowship administration,
     student advisory services, application processing, publications,
     exhibitions, promotions, annual international education
     conference, and English language, teaching and testing.


     IDP international projects are widely recognised for its high
     quality services in design, monitoring and evaluation, planning,
     technology transfer, training, technical assistance, studies,
     research and development and institutional strengthening .
     International projects have developed an international reputation
     for the quality of its work and its professional approach to
     international project management. They bring a high quality blend
     of experienced international project management, technical
     expertise across a number of sectors and the ability to identify,
     select and field the most appropriate consultants to implement
     projects successfully.


     1. Background


          The Australia-South Africa Institutional Links programme is
          undertaken by agreement between the South African Department
          of Education and the Australian Agency for International
          Development (AusAID) within the framework of the Technical
          Cooperation Agreement between South Africa and Australia. The
          (SA Vice Chancellors Assoc.) SAUVCA and Committee of Technikon
          Principals act a conduits of information between the South
          African institutions and the programme. IDP Education
          Australia manages the programme.


          The programme commenced its operations in June 1996 and will
          operate for eight years with an estimated Australian
          Government input of around $6,8 million. SA and Australia
          institutions contribute counterpart resources, primarily in
          kind.
          IDP Education Australia focus on three areas, namely,
          Administration of consultants (contract delivery); Management
          of consultants (delivery of expertise) and Management of
          expertise (delivery of solutions).


          They are networked in 54 offices around the world and are
          dedicated to student work. They have rendered successful 380
          projects and implementation of these project is very risky as,
          according to Dr Derviniotis, to have a successful project,
          there should be transparency; active participation; a common
          vision; convergence of goals; value added process; know-how
          management; experience management and sustainability.


     2. Programme description


          (1) Programme goal


              The programme has a goal of assisting in increasing the
              capacity of South African higher education institutions
              to participate in the reconstruction and development of
              SA, particularly the integration of education and
              training, through the establishment of linkages between
              Australian and SA higher education institutions.


          (2) Programme components


              (a)  Project Development: Call for proposals for funding,
                   assessment of proposals.


              (b)  Community Education Development Projects: Focus on
                   development in SA, such as -


                   (i)   establishment of in-service training programme
                         for teachers;


                   (ii)  establishment of outreach programmes from the
                         institution to the community; and


                   (iii) provision of new forms of training and services
                         to the community.


              (c)  Institutional Development Projects: Focus on
                   strengthening SA institutions through curriculum
                   development, development of new teaching programme
                   and activities or the development of new
                   organisational units or support services in the
                   institutions.


              (d)  Research and Development Projects: One project
                   involves collaborative research and development with
                   strong relevance to the community and to the RDP
                   priorities.


              (e)  Economic Policy Planning and Administration Project:
                   Focus on strengthening skills in economic policy,
                   planning and administration, as well as developing
                   capabilities of SA higher education institutions to
                   deliver training and co-operative activities
                   promoting the utilisation of these skills.


              (f)  Seed-funding activities: African institutions,
                   because of lack of contacts in Australia and limited
                   familiarity in writing proposals, had the opportunity
                   to choose to apply for Seed-Funding to support visits
                   to Australian institutions and return visits, plus
                   workshops on proposal writing.


          (3) Programme guidelines


              These guidelines set out the parametres for links
              projects. Priority sectors and possible fields within
              those sectors are identified in the guidelines. The
              programme primarily funds travel.


          (4) Reporting and programme co-ordinating committee
              IDP Education Australia, as the managing contractor, is
              responsible for general co-ordination and monitoring of
              the links projects and the previous seed funded
              activities. Phone contacts/visits are made to each
              Australian participating institution during the
              implementation of an approved project to discuss progress
              and any issues in administration. IDP is required to
              submit annual plans, and six-monthly report to AusAID in
              a format approved by AusAID. Links projects are required
              to report to IDP to meet these same AusAID requirements
              within an agreed timeframe.


          (5) Programme Co-ordinating Committee


              It is established in SA. It normally meets at least once
              a year to review progress in project Components, deal
              with policy and administration problems and assess
              workplan for the Programme activities in the next period.
              It has members from Australian Agency for International
              Development (Pretoria), the SA Department of Education,
              the SAUVCA, Committee of Technikon Principals and IDP
              Education Australia. Reports on the progress of each
              project must be submitted by institutions to IDP for
              these meetings.


              The delegation was also informed that the SAUVCA's Chief
              Executive Officer Ms P Kotecha
              has information on a university student mobility
              programme for the Indian Ocean region.


          (6) Expected benefits


              The major benefits are in facilitating implementation in
              SA's reconstruction and development programme, which is
              expected to have major social and economic benefits for
              the large population of SA.


              It is intended that a sustainable link be established
              between SA, Southern African and Australian institutions
              participating in linkages under the programme. Other
              mutual benefits to participating institutions include the
              internationalising of institutions, staff, students,
              curricula and the increased capability to operate in an
              international environment.


              It was envisaged that the IDP SA in Johannesburg should
              organise a meeting to discuss the projects.


 U.     Visit to New Zealand


     On arrival on 1 July 2000, the delegation was warmly welcomed by
     our Honorary Consul of Republic of South Africa, Mr G Fortuin, at
     Wellington airport, New Zealand.


     On 2 July 2000, a meeting was held at Mr Fortuin's residence with
     the Associate Minister of Maori Affairs, the Hon T Turia. These
     were the areas that were covered:


     In New Zealand there are 5 Associate Ministers/Deputy Ministers, 3
     of which are Maoris. The Hon T Turia is the Associate Minister for
     portfolios of Correction, Health, Housing and Social Services,
     representing the Maoris in Parliament.


     There are 500 000 indigenous people out of 8,3 million New Zealand
     population. Racism still exists against Maoris, as a result in
     some areas, children find it difficult to attend and learn at
     various schools. There is reluctance of indigenous people of not
     performing well in schools although there are few schools which
     teach children in their own language.


     About 10% of their land was taken from them and the settlement
     process to address the stealing process is about 30%. People here
     live in poverty, children are extremely violent, they are jailed
     for burglary and theft. Majority of them, are committing serious
     offences and crimes and lot of children are incarcerated.


     She believes that children should be taught in a way that they can
     learn their own language and be given various skills and be
     encouraged to use their mother tongue. The government at present,
     want to control their development.


     There are 130 Maori teacher training programmes each year. The
     medium of instruction in Maori schools is English. They are
     trained on how to become teachers. They have Maori language in
     each school and they have an advantage of teaching the Maori
     language, and this is seen as an incentive.


     NZ$16 million have been allocated by the government to train
     teachers to teach the Maori language. Status of indigenous
     language is recognised in the country.


     1. Bridging the gap programme


          NZ$ 250 million have been budgeted to cover social and
          economic development. They ascertain on what the problems are,
          and budget funds to solve those problems. The government
          decides on who will get funding. There is also a budget called
          "social development" which is put aside to assist on social
          development. The Prime Minister is very concerned on what the
          Maori people want. He prefers one budget to be managed by the
          group of Ministers to determine where funds should be
          allocated.


          The tribal people have their board which determine strategic
          development. At national level, there are Maori Councils,
          Maori Women Congress and there is no legislation that governs
          them. The congress represents the tribes and is trusted by the
          people because it is people-driven.


 V.     Ministry of Education, Wellington - official view by Senior
     Manager: Learning and Evaluation Policy, Ms F Kelly and Senior
     Manager: Curriculum Division, Mr C Brown
     There are 2 700 schools in New Zealand - 2 350 primary schools
     (Year 1-8) and 350 secondary schools (Year 9-13). They have State
     schools, Private Schools and Integrated Schools. Year 1-8 is a
     primary phase while Year 1-10 is the general education. Compulsory
     curriculum ends in Year 10. School education is free up to Year 13
     and there is no Kindergarten. The government provides subsidies
     for pre-school education from three to five years, and from five
     to ten years. Formal schooling starts when a child is five years
     old.


     There are 8 universities, polytechnics, colleges of education and
     3 Wananga (Maori tertiary institutions) universities - the medium
     of instruction is the Maori language. Teachers are trained and
     qualified. The polytechnics (training colleges) run programmes for
     school leavers and these are accredited by the NZ Qualification
     Authority.


     All schools are self-managing, having Board of Trustees elected by
     parents with the term of office of 3 years. This board also
     includes student representatives and the government does not have
     authority over it.


     1. New Zealand Curriculum


          It comprises of a set of national curriculum statements which
          define the learning principles and achievement aims and
          objectives which all New Zealand schools are required to
          follow. It builds on the positive features of past curriculum
          experience. It is the official policy for teaching, learning
          and assessment in New Zealand schools. It is the
          responsibility of boards of trustees to ensure that schools
          satisfy the requirement and expectations. Every school charter
          and proposed charter must include the aim of meeting and
          following the learning principles and achievement aims and
          objectives.


          It sets out national directions for schooling and provides for
          consistency in classroom programmes throughout the country. It
          describes the framework for learning and assessment which
          links learning experiences within the total school curriculum
          in a coherent and balanced way.


          It recognises that all students should have the opportunity to
          undertake study in essential areas of learning and to develop
          essential skills. Such learning will enable them to develop
          their potential, to continue learning throughout life, and to
          participate effectively and productively in New Zealand's
          democratic society and in a competitive world economy.


          It seeks to raise the achievement levels of all students and
          to ensure that the quality of teaching and learning in New
          Zealand schools is of the highest international standard. It
          identifies for boards of trustees, teachers, students,
          parents, and the wider community a progression of desirable
          standard of learning throughout the years of schooling,
          against which student's progress can be assessed.


          It recognises pre-school learning experiences and post-school
          education and training opportunities. It links school-based
          learning with the world outside school.


          The New Zealand Curriculum applies also to -


          (1) all New Zealand schools, including kura kaupapa Maori, and
              special education schools;


          (2) all students, irrespective of gender, ethnicity, belief,
              ability or disability, social or cultural background, or
              geographical location;


          (3) all years of schooling, from new entrants to the
              completion of schooling; that is from years 1 to 13.


     2. School curriculum


          It consists of the ways in which a school puts into practice
          the policy set out in the national curriculum statements. It
          takes into account of local needs, priorities, and resources,
          and is designed in consultation with the school's community.
          In the1980s comprehensive reviews of the curriculum,
          assessment, and education administration were carried out and
          there were major consultations. The process was then followed
          by the curriculum framework in 1993.


     3. Essential Learning Areas


          The New Zealand Curriculum specifies seven essential learning
          areas (language and languages, mathematics, science,
          technology social sciences, the arts, health and physical well-
          being) which describe in broad terms, knowledge and
          understanding which all students need to acquire. All seven
          learning areas are essential for a broad and balanced
          education. Schools must ensure that all students undertake
          continuing study in all the learning areas during each of the
          first ten years of schooling. Schools must also maintain a
          balanced curriculum in the final years of schooling (Years 11,
          12 and 13), recognising the diverse educational and training
          needs of students at these levels.


          Schools may achieve a balanced and broad curriculum in a
          number of ways; for example, by organising their programmes
          around subjects, by using an integrated approach, or by using
          topic or thematic approaches. Schools have the flexibility to
          plan programmes to meet their particular needs; for example,
          kaupapa Maori programme, English programmes for speakers of
          other languages, or Pacific Island language courses. In
          whatever way programmes are organised, they must incorporate
          the knowledge and understanding described in all seven
          learning areas.


          The essential learning areas are broad, recognisable
          categories of knowledge and understanding. They provide the
          context within which the essential skills, attitudes, and
          values are developed.
          Other important areas of study, such as the environment, and
          culture and heritage, are included in a number of the
          essential learning areas. These essential areas are
          interrelated. Any activity which students engage in, will draw
          on more than one learning area. For example, a study of sound
          may focus primarily on science, but may also contribute to
          students' development in the arts, technology, and
          mathematics. In planning programmes, schools need to
          understand and make use of the connections between the
          learning areas.


     4. Essential skills


          The New Zealand Curriculum specifies eight groupings of
          essential skills to be developed by all students across the
          whole curriculum throughout the years of schooling. These
          categories encompass other important groups of skills, such as
          creative skills, valuing skills, and practical life skills.
          These essential skills are:


          (1) Communication skills - communicate competently and
              confidently by listening, speaking, reading, and writing,
              and by using other forms of communication where
              appropriate.


          (2) Numeracy skills - calculate accurately.


          (3) Information skills - identify, locate, gather, store,
              retrieve, and process information from a range of
              sources.


          (4) Problem-solving skills - think critically, creatively,
              reflectively and logically.


          (5) Self-management and competitive skills - set, evaluate,
              and achieve realistic personal goals.


          (6) Social and co-operative skills - develop good
              relationships with others, and work in co-operative ways
              to achieve common goals.


          (7) Physical skills - develop personal fitness and health
              through regular exercise, good hygiene, and healthy diet.


          (8) Work and study skills - work effectively, both
              independently and in groups.


          All the essential skills are important if students are to
          achieve their potential and to participate fully in society,
          including the world of work.


     5. Framework


          The New Zealand Curriculum Framework describes the elements
          which are fundamental to teaching and learning in New Zealand
          schools. It states the principles which give direction to all
          teaching and learning. It specifies seven essential learning
          areas which describe in broad terms the knowledge and
          understanding which all students need to acquire. It sets out
          the essential skills to be developed by all students and
          indicates the place of attitude and values in school
          curriculum. It gives direction to the development of more
          specific national curriculum statements which describe in more
          detail the required knowledge, understanding, skills, and
          attitudes. It also outines the policy for assessment at school
          and national levels.


     6. Implementation of curriculum


          The intension for implementation of curriculum is to how to
          achieve the outcomes and to have impaired schools to be
          innovative in the system. Assessment is part of learning
          cycles, that is informative to help children and to refocus
          teachers. Teachers must have subject knowledge and to
          understand the curriculum on OBE. In order for the teachers to
          deliver, there should be more textbooks and materials, and
          thorough knowledge on the subject one has to teach. Students
          should also be provided with core material and textbooks.


          In New Zealand, teachers are provided with learning
          equipments, materials in classrooms in all schools to give
          them support. The Department has highly skilled working force
          and professional staff. NZ$10 million was allocated on
          programmes on the development of teachers and school advisers
          to have ongoing support for them.


     7. Role of teachers in curriculum development


          Teachers are extensively involved in the setting up and
          writing of the policy document in different stages of the
          processes. Teacher unions participate in the process with the
          broad consultation in the teaching profession. The Ministry
          advises on the development of policy.


     8. Funding of schools


          The State funds the State schools and subsidise the private
          schools. Due to the state of collapse, the Integrated schools
          were integrated by the legislation of Parliament.


 W.     Whitireia Community Polytechnic - official view by CEO, Ms D
     Dale, Director: Corporative Services, Mr B Miller and Director:
     Customer Services, Ms V Collins


     On arrival, the delegation was warmly welcomed at the reception by
     the delegates from Te Wananga Maori and escorted to powhiri in Te
     Onepu (main hall). The delegation was given some guidance about
     the protocol and expectations and on where to sit and when to
     speak.


     This community was led by the Te Wananga Maori Chief, Mr A Author
     and the Whitireia community, singing their Maori traditional
     songs. The Chief's brother who died early this year, was the
     founder of this community.


     Prof Mayatula gave an overview of the objective of the study tour,
     addressing them in his own language, isiXhosa. They also expressed
     themselves in their own language.


     The Whitireia Community Polytechnic is a government- funded
     tertiary institution. Established in 1986, it is known for
     producing work-ready graduates who have found employment both in
     New Zealand and overseas. They have 3 500 students, 1 900 full-
     time and 1 600 part-time.


     They have 3 campuses and the main campus is in Porirua, sitting at
     the edge of the scenic Porirua harbour, which is 20 km north of
     Wellington city. It prides itself as the centre of education
     excellence with bi-cultural and multicultural identity of
     students. There are 10 schools within the polytechnic which offer
     arts, business and management, catering and hospitality,
     computing, further education, Maori Education and career
     development, nursing and health studies, office systems and
     tourism, teacher education and training and technology. They also
     offer nursing programmes at degree level and at universities, they
     continue at the Master's level.
     1. Enrolment


          22% of student population are Maori students and the majority
          of them come from the Pacific Island.


     2. School of technology


          This school was established in 1998 to focus on the
          development of technology-related programmes. Encompassing
          technology in its broadest sense, it offers full-time
          programmes in computer support, horticulture and landscaping,
          and automotive engineering. In 2000 they will be extending
          these programmes to include electrical engineering, a broad
          trade skills programme and a range of part-time courses to
          extend people already working in these fields. All full-time
          programmes are approved by the NZQA and where appropriate, the
          relevant industry training organisations.


     3. School of Maori education and career development
          This school has programmes aimed to help all students to gain
          a greater understanding of things of Maori, and help return
          them to their heritage. It offers the following courses:


          (1) Te Tohu Mutunga Kore (Total Immersion te reo Maori).


          (2) Nga Tapuwae (Advanced te reo Maori).


          (3) Poutama (Maori Art and Craft).


          (4) Te Huakirangi 1 & 2 (Information Technology Systems).


          (5) Toi Whakaata 1& 2 (Film and Television).


          (6) Te Kukune (Maori Sports, Music and Performance).


          (7) Paerangatiratanga (Maori Business Administration).


          Entrance requirement depends on the programme.
     4. Student fees


          Each student has to pay a school fee of NZ$2 500 each year.
          57% is funded by the Ministry of Education, 23% by the
          student, and 20% from contract, private sector and local
          business.


          NZ$1 million for international education comes from
          international students as fees.


     5. Placements


          They have close links with the target sector, students are
          kept relevant to the industries. Employment rate is very high,
          majority of students are able to get employment after
          completing the course. New Zealand has quality management
          system which is accredited to all the programmes which meets
          the international standards.


 X.     Victoria University of Wellington - School of Education: Te
     Putahitanga o te Matauranga - official view by Head of School of
     Education, Prof C Hall, Manager: Faculty of Humanities, Ms K
     Jermyn, Ms B Craig, Mr J Irving and Mr D Brown


     1. Overview of New Zealand system - Synopsis of OBE


          The model of education provision and delivery operated by the
          NZ Government is known as OBE. It is a comprehensive model of
          educational organisation which covers virtually all spheres of
          the operation of the NZ education system. The following sets
          out the main parameters for OBE:


          (1) Description


              OBE comprises in its simplest form, the declaration of
              the intended outcomes (objectives) of an education system
              or operation, the design and implementation of a
              programme or activities aimed at achieving these
              outcomes, and the monitoring of the actual outcomes
              against the intended ones.
          (2) Domain of operation


              OBE is a comprehensive system of educational
              organisation. It covers the contractual relationship
              between the Government and providers (and other
              educational bodies); the organisation and management of
              schools; curriculum design and implementation; assessment
              of student work; staff development and appraisal, and the
              audit and review of institutional performance operating
              within the system.


          (3) Contractual relationship between government and
              educational providers


              The government purchases services from institutions.
              Institutions declare their intended outcomes or adopt
              centrally defined objectives or standards (these may
              sometimes be defined in legislation such as those to do
              with health and safety); institutions designed their own
              delivery, institutions are then monitored and held
              accountable for meeting the declared/prescribed outcomes.


          (4) Curriculum


              In respect of curriculum and assessment, learning
              outcomes are specified in New Zealand Curriculum
              Framework unit standards; institutions design programmes
              which embed these outcomes; students are assessed against
              these outcomes; where external qualifications are
              involved, internal assessment of student work is
              moderated to ensure that a common standard has been
              applied across providers; at the primary school level,
              considerable pressure is being exerted to put in place a
              system of national assessment.


          (5) Rationale


              OBE is based on several premises, although in practice
              many of these are contestable. The key premises include
              the following:
              (a)  Transparency - the purchasers or customers of an
                   education service should have a clear understanding
                   of what they are buying or receiving.


              (b)  Choice - customers should have choice in what they
                   purchase.


              (c)  Decentralisation - control over the design and
                   operation of an educational service should be
                   devolved to educational providers and their
                   communities.


              (d)  Accountability - those responsible for the delivery
                   of a service should be accountable for ensuring that
                   they meet expectations and provide a quality service.


          (6) Assessment


              OBE is strongly associated with standard-based
              assessment. Standards are defined in terms of either
              competency (pass/fail) or achievement levels, and
              students are judged against criteria which indicate
              whether the required standard has been met.


          (7) Students


              OBE is said to be student-centred in focus because it
              gives students clear information about what is expected
              of them. Proponents of OBE also stress the importance of
              students working at their own pace. However, the autonomy
              provided to learners is of a "procedural" kind - the
              focus is more on "how" they learn rather than "what" -
              and does not align with the autonomy provided under other
              models of teaching and learning. As practised in NZ, OBE
              is in fact strongly "content-centred" in focus.


          (8) Content/knowledge


              OBE is a relatively closed system of education in respect
              of knowledge generation and change. It tends to focus on
              existing knowledge, skills and values. It is most
              appropriate in situations where accepted truths, specific
              competencies, particular methods and proven techniques
              are being taught and assessed.


          (9) Professional development and teacher appraisal


              Under OBE, professional development and appraisal systems
              typically involve a meeting between teachers and their
              managers to clarify expectations and training needs; a
              statement of objectives or standards that teachers should
              meet; monitoring of teachers against these objectives or
              standards over a specified period of time; a review
              meeting, a written report on the teacher performance
              including recommendations for further professional
              development; and repeat of the previous loop including a
              revision of the objectives.
     2. Methodology for implementation and practical problems in
          schools


          Large number of teachers have too much workload to manage OBE
          and assessment. Teachers are under enormous pressure to manage
          the demand. They spend less time with students in the
          classrooms, and more time on administration and this result to
          difficulty for them to manage the students. They have less
          time to record and to make reports, they are constantly
          engaged in review work. Within schools, they are relatively
          well resourced with curriculum learning and teaching
          materials, and well trained.


     3. Role of universities in curriculum development


          They bring curriculum writers to schools and universities to
          develop the curriculum.


     4. Lack of achievement on Maori communities in education


          Maori communities always feel that they should be given jobs
          to do for themselves, there is lack of autonomy in certain
          communities. They strongly believe that the potential is there
          to see their own education. They can have greater chance for
          achievement and change.


          Until 1968, there were separate systems (Maori and other State
          school system) operated by Europeans for Maoris (most of them
          attended the Europeans schools). There is strong request for
          Maori status or authority to manage their education.


     5. Teacher training


          In New Zealand, there are 37 teacher colleges and are based in
          major cities and some are incorporated in universities due to
          infrastructural problems. Some disperse their training in wide
          range of locations. Teachers are trained in teacher colleges
          and universities takes responsibility for further education
          and training. They do offer in-service training programmes;
          and about 70-78% primary and secondary teachers are trained by
          the institution.


     6. Requirements for teachers


          A minimum requirement for teachers is 3 years Bachelor degree,
          which is accredited by NZQA and a Registration Board and 1
          year teacher training (if one is a graduate). They must teach
          for 2 years before registration by the Teacher Registration
          Board. Universities do not provide teacher training. Degrees
          done from teacher colleges are more focused on teaching
          programmes and are basely aimed for teaching.


     7. Student funding


          All institutions receive funding for students from the
          government. They pay for their tuition fees and can apply for
          refundable loans. Some of them get student allowances
          depending on parental income. There is a body (Work and Income
          NZ) responsible for allocations of funds to students, no
          university handle this area. All loans generate interests and
          is paid back in a form of taxation.


     8. Funding of university


          Allocation is given to university per student including
          research. If the student numbers decreases, the allocations
          become lesser. NZ$2,3 million is available if the university
          does not raise fees.


     9. Drop in enrolment


          There was 2% overall drop in science and humanities, except in
          law and commerce faculties.


          There is NZ Vice Chancellors Committee to discuss issues to be
          brought up to the government in which in return, the
          government gives the signal to push back the competitive
          approach in universities and schools.


     10.     Link between university-ministry-parliament


          The changes in the education system in 1989 through Act of
          Parliament, have led strong powers to universities. All
          institutions receiving funding from the State, need to report
          to the Ministry.


     11.     Quality assurance


          Quality assurance is set up by the NZ Vice Chancellors
          Committee. The Academic Audit monitor the range of systems to
          see whether they achieve what is aimed to be achieved.


 Y.     Parliament of New Zealand, Wellington - official view by
     Minister of Education, the Hon T Mallard


     He is the Minister responsible for the portfolios in Education,
     State Services, Sport, Fitness and Leisure, Education Review
     Office and Associate Minister of Finance.


     There are 120 Members of Parliament in the House of
     Representatives in New Zealand Government. There is no written
     constitution, no provincial system and the Bill of Rights is not
     the supreme law of the country. New Zealand is an easy country to
     make laws. The caucus approves legislation before it is introduced
     in Parliament.


     According to him, the previous government did not give bulk of
     money for education system in NZ. At present, large amounts have
     been allocated and divided to fund poor schools with an aim to try
     to turn a natural projection to these schools.


     Presently, they are working on the most controversial enrolment
     legislation, which will provide provision for district boundaries
     to draw up enrolment schemes. It is controversial because it is
     aimed at selecting people according to their family units.


     There is a strong debate in the House on what should be the
     relationship between University and Parliament. To set up a
     university, one needs to have an approval from the Minister of
     Education. 60% of the university funding comes from the
     government, with full academic freedom but it is very limited.


     The delegation proceeded to the Speaker's Gallery of Parliament
     where they were introduced to the House of Representatives and
     observed the question time. Education Amendment Bill was
     introduced and discussed.


     Due to debate and discussions in House, the delegation could not
     meet with the members of the New Zealand South Africa
     Parliamentary Friendship Group.


     1. Select Committee on Education and Science Committee: House of
          Representatives


          The Committee, under the leadership of the Chairperson, Ms Liz
          Gordon had constructive discussions, and the following matters
          were covered:


          (1) General overview


              Over 30 years, Maori education has been identified as a
              big problem. Native schools were abolished, and moved to
              authoritative and colonised based system. There was quite
              a big division within Maori communities, and their cities
              are too white. There are a number of Maori Immersion
              schools which provide Moari medium education in Maori
              language, and there has been great improvement in Maori
              education. There was a perception that schools in rich
              areas are the best, and parents prefer and choose to take
              their children to those schools.


              Poor schools are allocated bigger budgets than rich and
              affording schools. The new legislation, Education
              Amendment Bill will enhance the upliftment of poor
              schools, as there are 10 categories of schools in New
              Zealand. There is extra funding allocated to schools to
              purchase materials and equipment and other educational
              needs.
          (2) Funding of schools


              Private schools had an increasing funding for the past 10
              years. The government gives more funding to public
              schools.


          (3) Cultural diversity


              Racism and economic division still exist in New Zealand.
              No recognition of traditional authority - the problem is
              to define what Maori tradition is. The government is now
              trying to close the economic gap.


              The effectiveness of local government needs to be
              desired. The commitment is not on the Chief but in the
              sub-tribe.


          (4) Links between university and parliament


              There are 8 universities in NZ including 1 technology
              university. All universities are public and fully funded
              by the government. 10 000 women graduate each year. Each
              institution chooses its own way on how to collect its
              fees from students. There were lot of protests by
              students on the introduction of the fee system by the
              universities, they had to borrow money from loan schemes
              (from central government) which are interest-free to
              further their studies. The student debt is NZ$420
              billion, which is more that the government expenditure.
              The government intends to introduce free education.


 Z.     University of Auckland, Auckland - official view by Vice-
     Chancellor, Dr Hood, Head, Massey University, Prof N Watson, Dr J
     Hinchcliff, University of Technology and university officials


     1. New Teaching and Learning Technologies


          The University of Auckland is a campus-based university. It
          must respond to the global revolution which is transforming
          the way knowledge is stored, accessed, disseminated, analysed
          and presented, or risk being left behind in educational
          developments. Three years ago, it recognised the increasingly
          important role of technology and sought to encourage
          flexibility in teaching and learning modes.


          It will build on its capabilities in multimedia and related
          educational technologies, integrating these into its
          undergraduate and postgraduate programme design, delivery and
          support. It will become rapidly responsive to changing
          information systems and capture the benefits of technology for
          staff and students.


     2. Changes in government policy


          In November 1998, the Government issued the White Paper on
          tertiary education which proposes major changes to the funding
          of teaching and research in the tertiary sector, the
          governance structures of universities, quality assurance
          processes and the regulatory environment. It is clear that
          universities exist in an environment where Government, as a
          major funder of education, exercises considerable influence
          over future direction. The university must make its voice
          heard in policy and decision making. It must demonstrate to
          Government and the wider public the value of world-class
          higher education to the nation.


     3. Distance education


          It is provided at universities in New Zealand.


     4. Financial constraints


          Public funding cuts have imposed severe financial constraints
          on the University and forced it to make very difficult
          financial decisions. As these financial constraints will
          contribute for at least the next two years, the University
          must find other sources of revenue. All of their financial
          strategy must be guided by academic considerations. Staff and
          students must feel assured that financial decisions are being
          made in an open, transparent and responsible manner.


     5. Relationship with other education institutions


          In 1995 the University was developing a network of
          relationships with three polytechnics in Auckland, Northland
          Polytechnic, the Auckland College of Education and the
          Auckland Consortium for Theological Education. Several changes
          have occurred within this network. The relationship with the
          Auckland College of Education has largely been severed as it
          plans to link with Massey University. The relationship with
          the Manukau Institute of Technology became a formal agreement
          in 1997 and there are proposals to develop this alliance
          further.


          The competitive tertiary sector demand that the University
          examine very carefully its relationships with other
          educational institutions. It has re-examined its mission,
          goals and strategies taking into consideration the challenges
          and opportunities.


          Institutions develop their own development programmes. 100
          different degree programmes have led institutions to agree to
          be mergers. The Government will establish tertiary advisory
          committee to describe the structure of the institutions,
          quality, advise and support will determine the structure of
          the tertiary sector.


     6. Community relations


          Communities have traditionally looked at universities for
          intellectual guidance and stimulus. This is a role now shared
          with other institutions and organisations. The challenge for
          the University is to build strong community relationship,
          demonstrate and provide leadership, expert opinions, critical
          thinking and comment, professional training, custodianship of
          a range of collections and national treasures and
          opportunities for lifelong learning.


 AA.    Comments and recommendations


     1. The Committee must pursue interaction with the    Department of
          Education and other identified bodies and interest groups like
          NSFAS, and this Report must be a resource in order to engage
          different structures and institutions of learning.


     2. The Committee must undertake visits to the provinces to monitor
          how OBE is implemented or whether there are improvements of
          past performance.


     3. The Committee must follow up the possibility of the "Science on
          the Move" project being brought to South Africa.


     4. The Committee needs to pick up, in particular, on the student
          exhange programmes, where the government needs to have some
          agreement with Australia.


     5. The Report should be regarded as a basis for further
          discussions and investigations.


 BB.    Conclusion


     The Committee is satisfied that it attained most of the objectives
     indentified by the study tour to both Australia and New Zealand.


 CC.    List of participants


     1. NSW Department of Education and Training: Sydney.


     2. NSW Minister for Education and Training, the Hon J Aquilina.


     3. Sydney Institute of Technology: Director, Ms M Persson;
          Director: Aboriginal Studies, Mr J Darney, and executive
          staff.


     4. Riverside Girls High School, and principal Ms J King and school
          executive.


     5. University of Sydney.


     6. Education Queensland International.


     7. University of Queensland: Graduate School of Education.


     8. The Speaker of the House of Representative, the Hon N Andrew:
          Parliament House, Canberra.


     9. The President of the Senate, Senator the Hon M Reid.


     10.     The Senate, Standing Committee on Employment, Workplace
          Relations, Small Business and Education.


     11.     House of Representative Standing Committee on Employment,
          Education and Workplace Relations.


     12.     Committee on Education: Legislative Assembly, Australian
          Capital Territory.


     13.     Department of Education, Training and Youth Affairs.


     14.     Australian National University and Student Association.
     15.     Canberra Institute of Technology and Student Association.


     16.     IDP Education Australia.


     17.     Mr G Fortuin, Honorary Consul for Republic of South
          Africa, New Zealand.


     18.     Associate Minister of Maori Affairs, the Hon T Turia.


     19.     Ministry of Education, New Zealand.


     20.     CEO, Ms D Dale and Staff of Whitereia Community Technikon.


     21.     Whitereia and Maori communities.


     22.     NZ Minister of Education, the Hon T Mallard.


     23.     Victoria University, Wellington.


     24.     Parliament of New Zealand, Wellington.


     25.     University of Auckland, Auckland.


     26.     Massey University, Auckland.


     27.     High Commissioner, Dr B G Ranchod, SA High Commission,
          Canberra.


     28.     Deputy High Commissioner, Mr E Grobbler, SA High
          Commission, Canberra.

                        MONDAY, 26 MARCH 2001

ANNOUNCEMENTS:

National Assembly:

  1. The Speaker:
The following changes have been made to the membership of Ad Hoc
 Committees, viz:


 Filling of Vacancies on Commission for Gender Equality:


 Appointed: Newhoudt-Druchen, W S.
 Discharged: Bhengu, N R.

The following changes have been made to the membership of House
 Committees, viz:


 Rules:


 Discharged: Makuyane, T L.

The following changes have been made to the membership of Joint
 Committees, viz:


 Constitutional Review:


 Discharged: Jana, D P S.


 Defence:


 Appointed: Oosthuizen, G C.


 Improvement of Quality of Life and Status of Children, Youth and
 Disabled Persons:


 Appointed: Nel, A C (Alt).
 Discharged: Jana, D P S.


 Improvement of Quality of Life and Status of Women:


 Discharged: Maphalala, M A.

  The following changes have been made to the membership of Portfolio
 Committees, viz:


 Agriculture and Land Affairs:


 Appointed: Arendse, J D (Alt); Kasienyane, O R; Zita, L.
 Discharged: Masala, M M.


 Arts, Culture, Science and Technology:


 Appointed: Gcina, C I (Alt); Newhoudt-Druchen, W S (Alt).
 Discharged: Ncube, B N Z.


 Communications:


 Appointed: Kgarimetsa, J J (Alt); Lekgoro, M K; Maziya, L M.
 Discharged: Ngaleka, E.


 Correctional Services:


 Appointed: Durand J (Alt); Ngaleka, E; Oosthuizen, G C; Smit, H A.
 Discharged: Maziya, A M; Morkel, C M.


 Education:


 Appointed: Gaum, A H (Alt); Geldenhuys, B L.
 Discharged: Mogale, E P; Schippers, J.


 Environmental Affairs and Tourism:


 Appointed: Arendse, J D (Alt); Ndzanga, R A.
 Discharged: Hendrickse, P A C; Mokaba, P R.


 Finance:


 Appointed: Moloto, K A.
 Discharged: Van der Merwe, S C.
 Foreign Affairs:


 Appointed: Mokaba, P R; Sigwela, E M; Hendrickse, P A C (Alt).


 Health:


 Appointed: Ngaleka, E (Alt).
 Discharged: Mpehle, M.


 Home Affairs:


 Appointed: Beukman, F; Pretorius, I J (Alt).
 Discharged: Van Jaarsveld, A Z A.


 Housing:


 Appointed: Durand, J; Rhoda, R T (Alt).
 Discharged: Ngaleka, E; Odendaal, W A.


 Justice and Constitutional Development:


 Appointed: Bakker, D M (Alt); Camerer, S M; Mahlawe, N.
 Discharged: Gaum, A H; Jana, D P S.
 Labour:


 Appointed: Blaas, A; Durand, J (Alt); Mohai, S J (Alt).
 Discharged: Bakker, D M; Maphalala, M A.


 Minerals and Energy:


 Appointed: Xingwana, L M T; Ngaleka, E (Alt).
 Discharged: Mokaba, P R.


 Provincial and Local Government:


 Appointed: Kgarimetsa, J J; Mahlawe, N (Alt).
 Discharged: Mpaka, H M.


 Public Enterprises:


 Appointed: Masala, M M (Alt); Mnandi, P N (Alt); Mpaka, H M (Alt).


 Public Service and Administration:


 Appointed: Mbulawa-Hans, B G (Alt).


 Public Works:


 Appointed: Schippers, J; Van der Merwe, A S (Alt).
 Discharged: Gcina, C I; Kasienyane, O R; Mpehle, M; Nel, A H.


 Social Development:


 Appointed: Mars, I; Middleton, N S (Alt).
 Discharged: Gandhi, E; Mbulawa-Hans, B G.


 Sport and Recreation:


 Appointed: Mbulawa-Hans, B G.
 Discharged: Moropa, R M.


 Trade and Industry:


 Appointed: Moloto, K A (Alt); Moropa, R M (Alt).


 Water Affairs and Forestry:


 Appointed: Arendse, J D; Mothoagae, P K (Alt); Ndzanga, R (Alt).
  The following changes have been made to the membership of Standing
 Committees, viz:


 Private Members' Legislative Proposals and Special Petitions:


 Appointed: Mahlangu, G L (Alt); Mshudulu, S A (Alt).
 Discharged: Ncube, B N Z.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

  1. The Speaker and the Chairperson:
 Reports of the Auditor-General on the -


 (a)    Financial Statements of the Independent Development Trust for
     1998-99 [RP 6-2001];


 (b)    Financial Statements of the Temporary Employees' Pension and
     Provident Fund for 1997-98 and 1998-99 [RP 9-2001];


 (c)    Financial Statements of Refsa (Pty) Ltd for the period ended 14
     July 1998 [RP 22-2001].

COMMITTEE REPORTS:

National Assembly:

  1. Report of the Portfolio Committee on Sport and Recreation on the South African Sports Commission Amendment Bill [B 2 - 2001] (National Assembly - sec 75), dated 20 March 2001:

    The Portfolio Committee on Sport and Recreation, having considered the subject of the South African Sports Commission Amendment Bill [B 2 - 2001] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 2A - 2001].

                     TUESDAY, 27 MARCH 2001

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

  1. The Speaker and the Chairperson:
 (1)    The Minister of Public Enterprises on 22 March 2001 submitted a
     draft of the Eskom Conversion Bill, 2001, and a 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 by the Speaker and the Chairperson to the Portfolio
     Committee on Public Enterprises and the Select Committee on Labour
     and Public Enterprises, respectively, in accordance with Joint
     Rule 159(2).


 (2)    The following Bill was introduced in the National Assembly on 27
     March 2001 and referred to the Joint Tagging Mechanism (JTM) for
     classification in terms of Joint Rule 160:


     (i)     Eskom Conversion Bill [B 16 - 2001] (National Assembly -
          sec 75) - (Portfolio Committee on Public Enterprises -
          National Assembly) [Explanatory summary of Bill and prior
          notice of its introduction published in Government Gazette No
          22116 of 2 March 2001.]

National Assembly:

  1. The Speaker:
 Message from National Council of Provinces to National Assembly:


    Bill passed by National Council of Provinces on 27 March 2001 and
     transmitted for concurrence:


     (i)     Housing Amendment Bill [B 7B - 2001] (National Council of
          Provinces - sec 76(2)).


     The Bill has been referred to the Portfolio Committee on Housing
     of the National Assembly.


    Bill, as amended, passed by National Council of Provinces on 27
     March 2001 and transmitted for consideration of Council's
     amendments:


     (i)     Division of Revenue Bill [B 11D - 2001] (National Assembly
          - sec 76).


     The amended Bill has been referred to the Portfolio Committee on
     Finance for a report and recommendations on the Council's
     amendments.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

  1. The Speaker and the Chairperson:
 Reports of the Auditor-General on the -


 (a)    Financial Statements of the President's Fund for 1999-2000 [RP 7-
     2001];


 (b)    Financial Statements of the State President's Fund for 1997-98,
     1998-99 and 1999-2000 [RP 14-2001].
  1. The Minister of Social Development:
 (a)    Report of the Ministerial Committee on Abuse, Neglect and Ill-
     treatment of Older Persons, Volume 1 (Main Report).


 (b)    Report of the Ministerial Committee on Abuse, Neglect and Ill-
     treatment of Older Persons, Volume 2 (Provincial Reports).