National Assembly - 13 June 2002
THURSDAY, 13 JUNE 2002 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:01.
The Deputy Chairperson of Committees took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NOTICES OF MOTION
Mr E S MAGASHULE: Chairperson, I will move on behalf of the ANC:
That the House -
(1) notes the uncouth behaviour of the hon Tony Leon in this House during the President’s question time when he talks and heckles as the President is answering questions, and that the hon Leon this week delivered an undignified and unbecoming public attack on President Thabo Mbeki;
(2) further notes that the hon Leon mouths platitudes about a less antagonistic approach to politics but cannot resist sinking into rabble-rousing rather than debating issues of policy;
(3) believes that such attempts to divert attention from the problems of paucity of policy, internal discipline and ethical behaviour that have resulted in the collapse of his own party do the political landscape grave harm; and
(4) calls on the hon Leon rather to retire gracefully from the political arena and leave the field to those who want to build rather than destroy our national unity.
[Applause.] [Interjections.]
Mr N S BRUCE: Mr Chairman, I hereby give notice that I shall move:
That the House -
(1) notes that the SABC, and especially its television service, is now even more of an instrument of government propaganda than it was under the apartheid government;
(2) expresses its distress that the SABC deliberately distorts the truth through selective coverage, deliberate bias and incompetent reporting; and
(3) recognises that this is, at the expense of democratic values, in violation of its charter as a public broadcaster and reduces it to the status of a publicly financed liar.
[Applause.]
Mr J H SLABBERT: Chair, I hereby give notice that at the next sitting of the House I shall move on behalf of the IFP:
That the House -
(1) commends the police in the Eastern Cape for arresting a businessman for stealing 104 cycads to the value of R800 000;
(2) is aggrieved by the fact that this businessman planted the cycads in the premises of his business without any valid permit for possessing the endangered species; and
(3) hopes that his arrest will lead to effective prosecution to serve as a deterrent to other thieves who harvest endangered species and thereby deprive our landscape of the beauty of these species.
Ms H F MALEBANA: Chairperson, I shall move on behalf of the ANC: That the House -
(1) notes that South Africa was elected by an overwhelming majority to the seat of the International Labour Organisation’s governing body (the ILO) for the period 2002-2005;
(2) believes that this election represents an opportunity for South Africa to influence the global employment agenda and decent work agenda and to promote the goals of Nepad in the ILO; and
(3) congratulates the Minister of Labour for this election victory and the South African Government for the leading role it is playing in international bodies in order to place the interests of Africa high on the international agenda.
Mnr J DURAND: Geagte voorsitter, hiermee stel ek voor namens die Nuwe NP:
Dat die Huis - (1) kennis neem dat -
(a) diensverbruikers in Gauteng meer as R12 miljard aan
plaaslike owerhede verskuldig is, en dat dit sommige rade se
vermoë om dienste te lewer ernstig aan bande lê;
(b) enige plaaslike raad wat stappe doen om skuld in te vorder
en billike reëlings tref om gratis dienste te lewer
aangemoedig word; en
(c) daar vandag 'n protes teen kredietbeheeraksies in
Slovoville binne die Johannesburgse Metropolitaanse gebied
gelei word;
(2) die leier van die Opposisie ernstig betig omdat ‘n lid van sy Gautengse streekraad, mnr Moses Mathunjwa, die protesaksie inisieer en lei; en
(3) ‘n beroep doen op die agb Leon en die DA om hulle ondersteuners in Houghton - veral diegene wat gereeld vir dienste betaal - te laat weet dat die DA kredietbeheeraksies van die Johannesburgse Metroraad ondermyn. (Translation of Afrikaans motion follows.)
[Mr R J DURAND: I hereby give notice that I shall move on behalf of the New NP:
That the House -
(1) notes that -
(a) service consumers in Gauteng owe the local authorities R12
billion, and that this seriously hampers the ability of councils
to deliver services;
(b) any local council that takes steps to collect debt and make
reasonable arrangements to provide basic services should be
encouraged; and
(c) today a protest against credit control action will take place in
Slovoville in the Johannesburg Metropolitan area;
(2) earnestly reprimands the leader of the Opposition because a member of his Gauteng regional council, Mr Moses Mathunjwa, has initiated and is leading the protest action; and
(3) calls upon the hon Leon and the DA to inform supporters in Houghton - especially those who regularly pay for services - that the DA undermines the credit control action of the Johannesburg Metropolitan Council.]
Ms ANNELIZÉ VAN WYK: Chairperson, I will move on behalf of the UDM at the next sitting of this House:
That the House -
(1) notes the Constitutional Court ruling regarding the powers of the Asset Forfeiture Unit;
(2) agrees that organised crime is casting a huge shadow over our country, leading to massive social costs and exploitation and equally damaging effects to the economy;
(3) congratulates Sars and the SAPS for yesterday’s arrest of 35 people and the seizure of R60 million in assets relating to the illegal manufacturing of cigarettes;
(4) acknowledges that, despite these successes, interdepartmental co- operation against organised crime has still not been fully achieved, and that often the competition and distrust among different departments prevent proper and timely co-operation; and
(5) calls on Government to strengthen these types of integrated crime- fighting efforts that combine the skills and legal mechanisms of a variety of branches of Government, in order to ensure that South Africa becomes uninhabitable for organised criminals.
Mr K M MOEKETSE: Chairperson, I shall move on behalf of the ANC:
That the House -
(1) notes that Mr Gerald Morkel, the same Mayor of the Cape Town Unicity, reportedly declined to read a speech prepared for him by his party, which contained a pledge that he would resign if found guilty of any wrongdoing;
(2) believes that this refusal to make such a commitment is yet another indication of Mr Morkel’s complicity in the dubious activities of the international fugitive, Mr Jürgen Harksen; and
(3) calls on the DA leadership to put some lead in its pencil and to sign Mr Morkel’s dismissal papers. [Applause.]
Mrs M A SEECO: Chairperson, I shall move:
That the House -
(1) notes with appreciation that -
(a) Mr Richard Ngojo from Dobsonville in Soweto started rock
painting in 1987 and sold some of his artwork at street corners;
(b) as it was illegal to sell stuff in town at that time, he was
frequently arrested;
(c) he was unemployed the last 14 years; and
(d) today we are talking of a self-taught artist who teaches our
youth; and
(2) commends him for motivating youngsters and developing his artwork and promoting learning through play. [Applause.]
Dr S E M PHEKO: Chairperson, I shall move at the next sitting of the House:
That the House -
(1) remembers the Soweto uprising of 16 June 1976;
(2) observes that this uprising is unique in the history of the world in that it involved schoolchildren and the youth of our country;
(3) that this history is written with blood, which no lies written with ink can erase;
(4) salutes the leadership of the Black Consciousness Movement of Azania (BCM) and the Pan Africanist Congress of Azania (PAC) and remembers particularly Steve Biko and others like Onkgopotse Abraham Tiro for their critical and historic leadership;
(5) further observes that the PAC is the only political organisation in South Africa whose leaders were imprisoned for the Soweto uprising as evidenced in the secret Bethal Trial of 18 in which the judge said …
`You, Mothopeng, acted to saw …’
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon member, your one minute is up. The rest of your motion will be printed …
Dr S E M PHEKO: Thank you very much, Chairperson and I do not care for the howlers here. [Interjections.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Proceed, hon member.
Mr F BHENGU: Chair, I shall move on behalf of the ANC:
That the House -
(1) notes that -
(a) a 12-member independent panel of eminent personalities appointed
by the United Nations Secretary-General, Mr Kofi Annan, reported
that Africa has made impressive strides towards democratisation
in recent years;
(b) this report alluded to a sharp drop in development aid,
unfavourable access to markets for African exports, conflicts
and poor governance, and that these factors hindered progress;
and
(c) most importantly, the report calls on the United Nations to
throw its weight behind Africa's new homegrown strategy, the New
Partnership for Africa's Development; and
(2) welcomes the recommendations of this report as it will usher a new era in the history of humankind where Africa will take its rightful position as an equal player in the world global economic and political system.
[Applause.]
Mrs G M BORMAN: Chair, I give notice that I shall move:
That this House -
(1) notes -
(a) the report by the Auditor-General that the ANC left the City of
Cape Town in a financial shambles when it lost power to the
Democratic Alliance in 2000, with mismanagement and book-keeping
errors leaving millions of rands unaccounted for; and
(b) that Saleem Mowzer, the main critic of the DA's new budget, was
chairman of Exco and therefore in charge of the city government
when this financial chaos occurred; and
(2) expresses its gratitude to the DA for rescuing Cape Town from financial ruin and turning it into a city where investors and tourists are helping to create jobs.
Mr B M DOUGLAS: Chair, 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) is shocked to learn that a 19-year old boy from Missouri Secondary School in Eldorado Park was allegedly shot and killed by his classmate on Tuesday;
(2) is further shocked that the suspect fled from school with an unknown man;
(3) notes that the deputy principal of the school blamed the shooting incident on the Minister of Education for the ban on random drug testing in schools;
(4) believes that drug testing is not the only solution but that the Departments of Education and of Safety and Security and school governing bodies should put other plans in place urgently to guarantee the safety of all learners and teachers.
Ms M P COETZEE-KASPER: Chairperson, I shall move on behalf of the ANC:
That the House -
(1) recalls the attempts of the DA, that sad offspring of the DP, to promote itself as a clean and efficient alternative government;
(2) recognises that the DA has been racked with scandal, dissension, divorce and decline;
(3) notes with alarm that yet another office bearer of the DA, the provincial chair, Mr Theuns Botha, is under investigation for conflict of interests; and
(4) calls on the DA to explain how it can position itself as an alternative government when it cannot even govern its own members and manage its internal affairs with honesty and transparency.
[Applause.]
Mrs M E OLCKERS: Mr Chairman, I hereby give notice that I shall move on behalf of the New NP:
That the House -
(1) notes the shocking allegation made on the floor of this House yesterday by the Minister for Justice and Constitutional Development, Penuell Maduna, that leading DA politicians are being investigated for money laundering;
(2) notes with concern that the issue around the funds allegedly received from German tax fugitive, Jürgen Harksen, by leading figures in the DA is not so much the source of the funds, but how they were dealt with once received; and
(3) calls on the Scorpions to finalise their investigation expeditiously so that the good name of governance in the Western Cape can be restored.
Prof L M MBADI: Chairperson, I will move on behalf of the UDM at the next sitting of this House:
That the House -
(1) notes that sexual abuse of South African children is reaching epidemic proportions, especially since even one such incident is one too many;
(2) therefore condemns the latest report that a teacher accused of having sexual relations with 20 pupils cannot be disciplined by the Department of Education since intimidation is so high that no witnesses are willing to testify; and
(3) calls on all teachers and teacher organisations to join hands in a concerted campaign to rid the profession of those who abuse their position to hurt our children, recognising that it is only once we break the silence and speak up that our children will be safe.
Ms I MUTSILA: Chairperson, I shall move on behalf of the ANC:
That the House -
(1) notes reports that South Africa’s status as a hot holiday spot has been confirmed with figures pointing to an 18% rise in the number of visitors from Europe;
(2) further notes that there was also an upswing in traveller numbers from Asia as well as strong interest from the United States in South Africa;
(3) believes that the increasing number of tourists to the country will contribute positively to economic growth and development;
(4) welcomes the increase in the number of tourists; and
(5) calls on all stakeholders in this sector to work towards consolidating this upward trend of tourists coming to our country.
[Applause.]
PARTNERSHIP AWARD FOR SUSTAINABLE DEVELOPMENT IN METROPOLITAN AREAS
(Draft Resolution)
Mr C H F GREYLING: Voorsitter, ek stel sonder kennisgewing voor [Chairperson, I move without notice:]
That the House -
(1) notes that the Municipality of Emthanjeni (De Aar) is one of the 14 winners worldwide of the Stockholm partnership awards for original solutions to sustainable development in metropolitan areas;
(2) congratulates the municipality on this excellent achievement; and
(3) believes that their original and cost-effective plans for the management of water, sanitation and waste will be an example to other municipalities.
Agreed to.
APPROPRIATION BILL
Debate on Vote No 24 - Safety and Security, and Vote No 22 - Independent Complaints Directorate:
The MINISTER OF SAFETY AND SECURITY: Chairperson, hon members. I hope that the many empty seats today do not mean that the members have run away from the police present here today. They have come, not to harass any MPs, but to affirm their commitment to the democratic dispensation in place in our country at this time. [Applause.]
There are people and organisations whose names I want to raise today in appreciation of the contribution they have made and continue to make in our fight against crime. One of my points of reference as I do this is my predecessor, the hon Steve Tshwete, to whose memory I am dedicating this input.
There was a view by a small minority of our people before the 1994 election that South Africa was going to slide into lawlessness, on the back of serious polarisation between the black and white citizens of the land. The political turmoil before the election, with bomb explosions and killings happening in some parts of our country, created an uncertainty about the future, particularly on the part of some members of our minority communities.
Given that some of killings were racist, there was a genuine fear that South Africa was on the verge of a racial war. To compound the problem, indications were that some members of the police force and other security structures of the time were implicated in the violence. The democratic Government had to reassure South Africans from all walks of life about their safety and security. Violence of all types had to be stopped and measures put in place to deal with crime.
The ability of Minister Sydney Mufamadi to transform and modernise the Police Service to meet the demands of our democratic dispensation was a tremendous effort that deserves our praise. That also applies to the successful amalgamation of the former 11 police forces into the present integrated Service. The National Crime Prevention Strategy, our lodestar in the fight against crime, took root under his tutelage. The hon the Minister did well.
The new mood and positive attitude permeating the ranks of the service during Minister Tshwete’s time had a lot to do with personnel changes that were informed by the country’s demographics. An assessment since 1995 shows the following patterns. At the level of senior management in 1995, 75% were white. In 1999 there was a slight change and 73% were white, but where we stand now, blacks are in the majority with 53%. At the level of middle management in 1995, white representation was 89% and in 1999 that had changed somewhat to 71%. But at this point it is 56% with blacks at 44%. At the junior level though, 66% were black in 1995 and 70% in 1999 - and at this point 73% of that level are black.
Mr M J ELLIS: How many crooks have they caught?
The MINISTER: Gender representation, which we have not included in the equation, was grossly lopsided. I am going to request Cabinet quite soon to allow me to appoint new deputy national commissioners as part of our transformation exercise. One of the new appointees will be a woman - a black woman. [Applause.]
The police will remember Comrade Tshwete for the consistent manner in which he raised the morale of the members of the SAPS. He will be remembered for his dedicated attention to the unity of all the police, accompanied by an insistence on discipline within the ranks.
We want to pay homage also to the great majority of our people who are contributing time and energy in the fight against crime in our country. They range from businesspeople to reservists and volunteers who answered the President’s call to lend a hand to build a better life for all our people.
More than 78 000 volunteers are helping the police in both crime prevention and administration. Barely six years ago approximately 900 community police forums were formed. To date there are 1 200 forums and subforums in which more than 10 000 community members serve.
Business against Crime has been involved for a long time with the SAPS. Some of the improvements to our police stations, both service and infrastructure, are a direct result of the involvement of this NGO. The peace and development project that was launched in Soshanguve in Gauteng and Khayelitsha here in the Western Cape and the Jong Dames Dinamiek are some of the projects businesspeople are contributing to.
A Cape Flats-based group of concerned citizens established on 7 February 2002 an NGO called Ukukanya Kwemini, which has embarked on a social experiment involving former prisoners and their families. The NGO is running an awareness programme among students and the youth on substance abuse and gangsterism. Some Cape Town community leaders have associated themselves with the project. The former prisoners are recruiting others, including those who are due for release from Pollsmoor Prison.
The Banking Council of SA also works with the police in the fight against crime to improve the quality of life of our people. There are others, of course, whose names I will not mention and who are involved in several ways as partners in the fight against crime.
All of this defines the move by our people away from our painful past to times of peace and prosperity. The shift to a new mindset is palpable. Levels of confidence in the SAPS have risen measurably. We note the report on the survey done by the Institute for Security Studies which puts at 52% the number of people who trust the police and willingly report crime. We also note that 67% of people willingly give evidence in court as witnesses.
In a previous survey done by the ISS the following observation was made regarding perceptions of the police:
The difference between the negative general public perceptions and the positive perceptions of people who had direct contact with the police, is indicative of the extent to which external factors, about which the police can do little, can influence attitudes.
The study made the following point: This positive response was attributed to the professional, supportive and prompt service they received from the police.
I also wish to record my appreciation to the hon members of this House, from both sides, for their commitment to the search for answers to this country’s crime problems. The impression I get is that we are increasingly defining crime outside of the hurly-burly of political contestation. I hope I am correct in my assessment that this is one area of our obligation to serve our people where both sides of the House want to reach out and face criminals as a united force. This, indeed, is how we need to respond to crime.
I would like to contribute to the consolidation of that new approach. To that extent I am open to both suggestions and constructive criticism. There are some South Africans, I am sorry to report, though, whose disposition continues to be cynical towards our effort to consolidate our democracy. Just the other day one of our major national newspapers carried an editorial that said, among other things, that the police were losing their fight against criminals. The propensity of some political and other commentators in South Africa to make flippant observations about many of the serious challenges we face as we build our new democracy troubles me. I am convinced, though, that our nation’s psyche is strong enough to resist the attempt to cast us into a mode of debilitation and defeatism.
Many of the members of the Police Service make arrests in situations of confrontation, where their colleagues sustain permanent injury or die at the hands of gun-wielding criminals. They are prepared to lay down their own lives to create the safe and secure environment we need in order to improve the quality of our lives.
It is perhaps appropriate at this stage to report that last year 163 members of the Service were killed. This is much lower than has been the case since 1994.
Discussions are advanced between us and the relevant authority to establish a system of additional death benefits for members of the Police Service. We will come back to the House for further announcements on the matter.
It is not my intention when I raise matters in this fashion to stifle criticism of the Police Service. In fact, police weaknesses should be exposed. Quite clearly, not everything in the Service is hunky-dory. Let me admit that there are some members of the force who stray and betray our people. Some members even render themselves guilty of dereliction of duty. Last week we arrested 17 members and we are going to charge them with corruption.
While figures compiled by the Independent Complaints Directorate indicate a 4,2% decrease regarding serious criminal offences committed by members of the Police Service, incidents of misconduct reported increased by 29,3% compared to the same period in the last financial year.
My attitude to these latest and other infractions involving members of the Service is clear: they will not be tolerated. SAPS members whose actions undermine our obligation to our nation have no place in the Police Service. They must go. I am looking at the performance audits of members in order to weed out misfits.
The department has been trying over the past while to increase allocations for operational expenditure. While 78% of the budget will be allocated to personnel expenditure, the split is rational. The 22% that goes to operations will allow us to implement fully our strategic plan for the financial year. The budget indicates an 8,6% increase from the past allocation. It is a 9,2% increase over the period from 2001-02 to 2004-05.
The current allocation will enable us to enlist approximately 7 100 new recruits in the 2002-03 financial year. We will enlist 8 900 additional recruits in the next three years. A total of 28 560 new personnel will be appointed over the MTEF period. By the end of that period the police personnel complement will rise to 147 560
The 7 100 entry level constables we will recruit over the current financial year will be trained at police colleges in Pretoria, Oudtshoorn, Bisho, Graaff-Reinet and Chatsworth. Included in the budget is an amount of R215 million that is earmarked for the erection and purchase of police facilities.
Hon members will also note that funds that have been allocated to store items and equipment have increased significantly compared to previous allocations. Capital spending to equip police stations and the police themselves will grow by an annual average of 13,4%.
My immediate objective during the current financial year is to get quickly to the point where we must introduce effective policing in clearly demarcated sectors. In the beginning we want to target areas that have a high crime concentration. But, as resources become available, we will spread out so that we cover the entire country. The police that will be deployed in the new crime sectors will be visible, highly mobile and proactive. Those deployed in this manner will be carefully chosen and appropriately resourced. We want them, in the end, to stop crime before it happens.
Sector policing, which will pick up on the successes of Operation Crackdown, is also intended to establish close partnerships between the police and communities in order to address crime through a series of multidisciplinary measures.
Following the implementation two years ago of the National Crime Combating Strategy, crime has been going down steadily all over the country. When, in February, my predecessor released crime statistics for the first nine months of last year, he indicated that robbery, including aggravated robbery, and theft were on the increase.
He also pointed out that the figures for serious crime had stabilised in 100 out of 145 police precincts, where more than 50% of serious crime happens.
By the middle of March eight more precincts were brought under control in the wake of Operation Tsipa, which was launched in January by the Police Service. On Monday this week the police started another operation to deal with the remaining 37 police areas, and we expect results soon.
An important element of our stabilisation programme in the 145 police areas will be the adoption of measures to prevent the occurrence of social crime. I have already asked the police to do a proper analysis of the crimes that happen in those areas to determine which of them can be addressed by way of social crime prevention and socioeconomic development programmes. This matter will be taken forward in meetings that I intend to have in the next three months with all the provinces and local authorities.
All Public Order Policing Units are being transformed into Area Crime Combating Units that will conduct intelligence-driven operations that require high force levels. Examples of these will be parallel roadblocks on highways and secondary routes, and cordon-and-search operations. This is intended to deal with bank robberies, cash-in-transit heists and the hijacking of vehicles, as well as taxi and gang violence.
The SAPS has already purchased almost 50 high-performance vehicles to implement the first phase of this approach in all provinces. New helicopters have also been acquired to provide air support to the mobile units. It is my view that the air support of the SAPS should be expanded further for maximum effect. I am currently discussing the matter with my police management and initial indications are that it is possible to do this.
Last year the Service arrested 100 crime syndicate leaders and 230 organised crime groupings were smashed. Some of the groups we busted were involved in commercial crimes, such as the Black Dollars and 419 scams, as well as ATM fraud. In addition, scams were uncovered regarding credit cards involving R12,592 million and transactions using the so-called ``clone cheques’’. Other groups were involved in the theft of precious metals.
Drug-peddling continues to be one of the biggest crimes. The police were able to identify and dismantle 13 laboratories where drugs were manufactured.
We have an exhibition in front of the Old Assembly, which I am inviting members to please visit, where things such as drugs are on display.
My colleagues in the Criminal Justice Cluster and I will initiate a meeting with the Central Drug Authority to discuss the fast-tracking of the National Drug Master Plan to deal, specifically, with drug demand reduction. The multilateral police co-operation agreement involving 12 Southern African countries is an important instrument in the fight against organised crime. The agreement culminated in the birth of the Southern African Regional Police Chiefs Co-operation Organisation. Some successful operations have been pulled off in the past on the basis of that regional co-operation, and this exercise is a direct contribution to the New Partnership for Africa’s Development.
The gang problem in the Western Cape is closely linked to illicit drug- trafficking. Owing to an upsurge in violent gang activities over the past few weeks, the SA Police Service deployed, two weeks ago, hundreds of additional members in the province as part of Operation Slasher. These members use modern technology in their work to restore order and to protect the lives of innocent members of the public.
This operation will continue until I am satisfied that people can proceed with their normal lives without any fear of gangs. I would like to appeal to the public for wholehearted support in the execution of this operation. Police actions in the process may cause some form or other of discomfort for law-abiding citizens. It is the criminals that we want to corner, and we do not want to allow them any space to carry out their dastardly deeds. The measures we have adopted to deal with this matter, therefore, are necessary. No quarter must be given to criminals by anyone, least of all by the state or by us in the Department of Safety and Security.
Allow me at this point to also direct an appeal to our nation as a whole. Let us stop fraternising with wrongdoing. One of the problems in our fight against criminal gangs is that they are protected by some of our communities. This protection results from material assistance these gangs give to some needy families. The fact is that the resources that are given to those families by the gangsters are proceeds from various kinds of crime, especially drug-related crimes and armed robberies. This practice is wrong.
But we need to rescue those who are imprisoned in this cycle of crime by addressing their legitimate socioeconomic needs through efforts such as the urban renewal project where Government, business and other role-players should be involved.
We should also not tolerate wrongdoing in whatever form it presents itself. If students go on the rampage, as happened in the recent Cosas march, let us take decisive steps that will be an effective deterrent next time.
Strike action, marches and demonstrations are the rights that we enjoy under our democratic order. However, these should never be used as instruments of destruction.
The action from 23 May by University of the North students is another matter that should not be tolerated. The action was wrong and those who committed specific crimes in this regard should be brought to book. The police are investigating, among other things, cases of arson, public violence and rape in respect of that action. Some of the suspects are being held at the Mankweng police cells pending their next court appearance.
The police are conducting further investigations into both of the incidents that I have referred to and more suspects may be arrested.
We also tend to look the other way when crimes against women and children happen, and allow perpetrators to get away with murder. We simply do not want to be involved, as the saying goes: ``I am not involved.’’ But that is wrong.
The time has come for our nation to say no to crime and work together with the police to end the scourge. We want to reiterate, though, that people must not take the law into their own hands. Vigilantism is also a crime and will not be tolerated. The right thing to do is to report crime to the police.
Many concerned South Africans, especially on the business front, mounted, together with the Police Service, projects to improve victim empowerment, especially in regard to women and children. This included the establishment of more than 80 additional victim support centres at various police stations.
The Automated Fingerprint Identification System that was launched last year is fully operational at national level. We are currently decentralising the system to 35 sites throughout the country, 18 of which are already operational. The remaining sites will be up and running from the end of July.
The Afis has a national data base of 4,6 million fingerprints of convicted criminals. There are 90 local criminal record centres across the country that have a collection of about 1 million unidentified fingerprints. The prints were lifted from crime scenes involving murder, rape, robbery, housebreaking and the theft of motor vehicles, to mention just a few. These prints are currently being checked against the Afis database, and initial test results indicate that the system is working well. Afis will help us to reopen criminal investigations into a large number of cases that remain unresolved.
In the current financial year we are going to redouble our efforts to secure our people from the actions of violent groups.
I am beginning to hear ominous rumbles of war drums, albeit soft at this stage, and, before they become a crescendo, want to say that we will not have political violence again in our country. Any person who engages in this will be arrested and criminally prosecuted. The case of the three right-wingers who were arrested in Parys, Free State on 26 March this year has been postponed to 14 October for trial in the Bloemfontain High Court. They will face charges of treason, conspiracy and the illegal possession of firearms. Three more suspects will appear in the Pretoria High Court in August to face charges of terrorism.
We are going to approach Parliament soon for the ratification of three key international conventions relating to terrorism. These are the OAU Convention on the Combating and Prevention of Terrorism, the Convention on the Suppression of Terrorist Financing and the Convention on the Suppression of Terrorist Bombings. The South African Government is on the verge of signing the UN protocol relating to firearms which is supplementary to the UN Convention on Transnational Organised Crime.
The SADC Protocol on the Control of Firearms and Light Weapons is also on its way to this House. The final report by the SA Law Commission regarding legislation on terrorism is expected by mid-July this year. The Explosives Act of 1956 is also being reviewed and the introduction, as soon as possible, of legislation in that regard is also in the pipeline.
The National Secretariat and the Independent Complaints Directorate, the civilian oversight bodies that monitor the work of the police, continue to deliver a good service. The secretariat seeks to see a change for the better in criminal investigations and the management and control of case dockets. This has arisen because cases are thrown out of court in some instances because of poor investigations. The other challenge for the secretariat is the institution of measures to raise the morale of members of the Service and inculcate discipline all round.
The ICD, the Independent Complaints Directorate, despite varied difficulties, has made every effort to ensure that it fulfils its legislative and constitutional obligations, including its additional mandate to monitor the implementation by the SAPS of the Domestic Violence Act and oversight over municipal police services. Their budget is R30,3 million in the current allocation which marks, approximately, a 17% increase.
In conclusion, I want to say to hon members that the battle cry is clear. Crime must be stopped. Adequate human and material resources must be used to this end. The support of the entire nation, our peace-loving people, as well as the international community is absolutely critical in our fight against crime. [Applause.]
The CHAIRPERSON OF COMMITTEES: Order! Thank you, hon Minister. I want to assure you that the members of Parliament that are not in the House are busy in the committees. They have not run away from the police.
Mr M E GEORGE: Mr Chairperson, hon Deputy President, hon Minister of Safety and Security Comrade Charles Nqakula, Ministers present and hon members, I stand here this afternoon to support this Budget Vote.
Section 205(3) of the Constitution states, I quote
The objects of the police service are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law.
From this one can see that these men and women in blue uniforms probably have the most important task in this country. Every department and every one of us in this country depends on these police members. Kungoko ndiyibethelelayo, ndiyigxininisa nakwiKomiti ejongene noKhuseleko noKhuselo kwakunye nasebantwini ngokubanzi, into yokuba siwaxhase kwaye sisebenzisane namapolisa. Nokuba singohluka kwezombangazwe, sahluke ngezimvo, kodwa kulo mcimbi wokulwisana nolwaphulo-mthetho masithethe into enye, ngokuba abaphuli-mthetho benza into enye, bayabulala, bayeba, badlwengula iintsana namaxhegokazi.
Yiyo loo nto uMongameli weli lizwe, UThabo Mbeki, wathi xa esenza intetho ebizwa ngokuba yistate-of-the-nation-address: (Translation of Xhosa paragraphs follows.)
[That is why I emphasise to the Portfolio Committee on Safety and Security and the public that we should give them as much support as we can. Even if we have different political views, we should speak with one voice concerning fighting criminality, because criminals talk the same language, they murder, they steal, and they rape children and elderly women.
That is why the President of this country, the hon Mr Thabo Mbeki, said in his state of the nation address:]
The simple fact that most of the crimes of assault and murder happen between Friday and Sunday, among people who know one another, and with many of them under the influence of alcohol and drugs, speaks to the critical importance of community organisation and systems of … censure.
He further said:
Clearly, many of these crimes, as well as those related to rape, domestic violence and child abuse, cannot be policed with any measure of success by the security agencies acting alone.
Masisebenzisane nto zakuthi, ukuze sulwe nobundlobongela. [Let us work together, my people, compatriots, to fight violent acts.]
This budget goes a long way in fulfilling the objectives of the Constitution, the vision of the President in his state of the nation address, the vision of the Department of Safety and Security and the vision of the Minister as it was outlined yesterday. I must add that there is no such thing as an adequate budget, as members will see when my colleagues speak about the fact that the building of police stations is still one of the major challenges facing this department.
Let me briefly deal with the causes of crime, the Firearms Control Act and its implementation and the killing of SAPS members. Time allowing, I will deal with corruption within the service, child abuse and domestic violence. My other comrades will, of course, deal with other issues like the secretariat and the ICD. I hope they will not think that I do not take them seriously, but there are time limitations.
With regard to transformation and organised crime, the national commissioner, Jackie Selebi, said:
The latest crime statistics reveal that serious crime is stabilising, but common assault in on the increase.
He is, however, confident that -
… crime will be reduced drastically, but only when the police start implementing sector policing next year.
To back up his assertions, the National Commissioner said:
The incidence of serious crimes such as murder, robbery and hijackings is high compared to October last year, but the January to March figures show that such crimes are stabilising. Only common assault stands out on the register of crime statistics.
But why is assault on the increase? Again, according to the National Commissioner:
Some crimes are more difficult to police than others. For example, rape is less policeable than bank robberies or car theft because the overwhelming majority of cases happen between people who know one another. Most cases of assault take place between people who know one another and are the result of heated arguments.
Furthermore, some explanations for the high levels of violent crime refer to South Africa’s political history, suggesting that families suffered from institutional violence for decades through the disruption of their lives by mass removals and the migrant labour policies of apartheid. Political violence compounded this disruption of family life. The resultant weakening of the family unit, loss of parental control over children and alcohol, as well as drug abuse, may prompt criminal behaviour among the youth.
The Institute for Security Studies also views rapid urbanisation, income inequality, the population of young people, a weak criminal justice system and the proliferation of firearms as the possible causes for higher crime levels. Police statistics and daily press reports show that the easy access to firearms in South Africa contributes significantly to violent crime.
South Africa has a population of almost 45 million, with almost 1,9 million licensed firearm owners, who possess nearly 4,1 million licensed firearms. We are one of the most heavily armed societies in the world. We must begin to think seriously about this. Added to this are 5 to 8 million illegal firearms, which again are a problem of our past. Years of conflict in the Southern African region have created a surplus of weapons. Professional organised crime syndicates smuggle the majority of illegal weapons into the country. The organised crime syndicates link various criminal activities, for example vehicle theft, drug smuggling, money laundering and the illegal arms trade. The bottom line is that firearm smuggling cannot be isolated from wider forms of criminality in which organised syndicates are involved.
The circulation of illegal firearms and the high number of violent crimes involving the use of firearms force the Government and the SAPS to focus strategically on firearms within South Africa. It was common practice in the past for licensed firearm-holders to lend out their firearms to nonlicensees for safekeeping. Criminal who otherwise could not possess firearms by virtue of their criminal record misused this. I am happy to say that this has been addressed. Offenders could legally obtain a firearm from their friends or family members for use or safekeeping and then use such weapons to commit crimes.
Furthermore, the proportion of crimes involving firearms has increased faster than crime in general over the last few years. While the number of murders since 1994 has been declining, the number of murders committed with a firearm has increased. In 1998, for example, 49,3% of murders were committed with firearms. Substantial increases occurred in the yearly incidence of reported theft of firearms from 7 285 cases in 1994 to 11 391 in 1998, an increase of 56%. The negligent loss of firearms also increased substantially between 1996 and 1998, by 32%. So the people with licensed firearms are also a big problem.
It became clear that South Africa needed a new arms and ammunition Act that would encourage responsible management of legal firearms by all firearm owners. The main purposes of the Firearms Control Act, among others, are to further the protection of the constitutional rights of everyone to life and bodily integrity; to prevent crime involving the use of firearms; and to prevent the proliferation of illegally possessed firearms by providing for the removal of those firearms from society and by improving controls over legal firearms.
The Firearms Control Act represents a major tool to combat violent crimes. The strategy to implement the Act is based on four pillars: the development and maintenance of appropriate firearms-related regulators; control processes and procedures around procurement; the reduction and destruction of illegal firearms; and awareness and social crime prevention initiatives. During 2002 the following issues will be prioritised as part of the four pillars. I will only mention two: section 40 of the Firearms Control Act, which deals with firearmsfree zones, will be implemented by means of pilot projects in more than 20 schools in the provinces of Gauteng, the Western Cape, the Eastern Cape, KwaZulu-Natal and the North West. The business process re-engineering project to develop a new firearms control system will be completed in 2002.
What is also urgently needed is to make sure that the police at the police station level understand the Firearms Control Act. The Institute for Security Studies launched in-depth interviews with gun dealers and police officers seeking to understand the issues arising in the enforcement of firearms legislation. First of all, the concern was raised that many owners use their weapons inappropriately or allow others to do so.
This suggested that competency certificates, as required by the new legislation, were desirable. However, ensuring that the certification process actually reflected that a certificate holder had acquired the skills, knowledge and attitudes required to safely own a gun would be a challenge.
Police officers, in particular, were concerned about fly-by-nights and the otherwise unethical dealers and trainers. An example of this was the fact that some police officers in Durban, for instance, suggested that an illegal 9 mm pistol would sell for R300 to R500 while others suggested a price of R2 000. At the same time, concern was raised about a fairly long list of police strategies and tactics used to recover illegal weapons, including cordon-and-search operations, roadblocks and the use of informers. In general, there was some acknowledgement that more needs to be done to disrupt the illegal firearms market and reduce both the supply and distribution of these weapons.
While police celebrated the launch of a national community and police safety campaign in Umtata, another policeman was buried that weekend. That policeman had been killed off duty, which is the period when most police officers are killed. The murder of police officials in South Africa is becoming endemic. Since 1993, more than 200 killings have occurred yearly. From 1994 to the end of June 2000, 1 594 police officers were killed in the country. Most of them were killed off duty. From January to May this year, 45 police officers were killed, compared to 65 in the same period last year.
Research by the SAPS directorate, which is based on interviews with convicted cop-killers, has shown that motives ranged from resisting arrest
- 43,5% - and robbing police officers of their firearms - 8,7% - to concealing corruption - 4,3%. The national safety plan also includes sensitising communities who live in red zone areas about their safety, and the safety of the police who patrol there. The awareness and education campaign will continue throughout the year.
Sicela uluntu ngokubanzi ukuba luncedisane noRhulumente, lwahlukane nalo mkhuba wokubulala amapolisa. Neenkundla zamatyala, qabane uPenuell, mazingathi ziyaqina ekugwebeni ezi ndlobongela zibulala amapolisa. (Translation of Xhosa paragraph follows.)
[We ask that people in general assist the Government, and stop this very bad habit of murdering members of the police service. The courts, comrade Penuell, should give even heavier sentences to these criminals that kill police.]
Equipment checks, wearing bulletproof gear, not working alone, doing a safety analysis of each incident and always having radio contact will form part of the safety procedures. Unfortunately, due to time constraints, I have to conclude my speech.
In closing, I want to thank the members of the portfolio committee for their support. I would like to thank members of the department - especially those who work in the legal division. I also want to mention the name of Director Garnet this time. I thank them for the support that they have given the committee. Director Garnet liaises between us and the National Commissioner’s office. I want to say to him that he should keep up the good work.
Let me also thank the policemen and policewomen who are here and those in the streets preventing crime who, every day of their lives, put their lives at risk to protect the citizens of this country. That the prisons are full is an indication that they are doing a good job. I want to say to the National Commissioner and his team that they should keep up the good work. [Time expired.] [Applause.]
Adv P S SWART: Mr Chairman, hon Minister, allow me to welcome the senior management of the police and the police officers who are sitting up there in the public gallery of this House. I would like to immediately pay tribute to their loyalty and the diligent work which they do in very difficult circumstances in our ongoing all-out war against crime which plagues our country so much. I would also like to welcome the management of the ICD, who also play an important role in our fledgling democracy.
As responsible parliamentarians, we need to evaluate the SAPS’s recent performance in terms of the fulfilment of its all-important mandate imposed by our Constitution: to ensure the safety and security of all the people of this country. Only then can we assess the sufficiency or not of this year’s budget allocation. In this regard, it is fitting to start with the ICD and I shall do so.
As an oversight body whose main purpose is to investigate deaths in police custody as a result of police action and complaints about police criminality and misconduct, it serves well as an indicator of the internal police climate. I would like to tell the Minister that this internal police climate seems robust, to say the least. From 1 April 2001 to 31 December 2001, an increase of 47% has been experienced in the case of deaths in custody compared to the corresponding period in the year 2000. Serious criminal offences committed by police members almost doubled in this period, with an increase from 184 to 340, while incidents of misconduct rose by 36%. I would like to say to the Minister that during the same time, the number of police officers went further down, crime stabilised at already unacceptably high levels and the result was a further increase of the workload on our diligent and loyal officers. The Minister would need to take a serious look at these ICD indicators regarding criminality within the SAPS itself.
Returning to the ICD budget, during the past two years the ICD has been grossly underfinanced. In 2001 they indicated to the portfolio committee that they would have to stop operations in September 2001. Due to internal diligence and prioritisation they, however, managed. They indicated, this year, their satisfaction with this budget which is on the Table today. They received an increase of over 30% for Programme 2 - Investigation of Complaints, and an overall increase of 17%.
Die DA is tevrede met die programme en die strategiese beplanning en is van mening dat die interne situasie in die SAPS steeds hulle bestaan en werk regverdig. [The DA is satisfied with the programme and the strategic planning and is of the opinion that the internal situation in the SAPS still justifies their existence and work.]
We in this country witnessed a very strange phenomenon during the last couple of years. Whilst there was a 26% increase in crime from 1994 to 2001, a closer scrutiny reveals that crime actually came down, however marginally, from 1994 to 1997 before it started its steep incline to an all- time high in 2000, with major increases in all violent crimes except murder. The strange thing was that during the same time, from 1997 to 2001, whilst crime went up, the number of police officers in the SAPS just went down, and down, and down, with an average of 4 000 to 5 000 officers leaving the force yearly without being replaced.
Ek is die eerste persoon wat erken dat die aantal polisiebeamptes nie die enigste kriterium is om misdaad effektief te beveg nie. Ontplooiingstrategieë, beskikbare hulpmiddele, moraal en verskeie ander faktore speel net so ‘n belangrike rol. Daar is sekerlik ‘n korrelasie tussen misdaadvlakke en die polisiemannekrag wat beskikbaar is om dit aan te spreek. Alhoewel ons gunstig mag vergelyk met die res van die wêreld wat betref die aantal inwoners per polisiebeampte, vergelyk ons misdaadvlakke - in die besonder geweldsmisdade - uiters ongunstig. (Translation of Afrikaans paragraph follows.)
[I am the first person to admit that the number of police officers is not the only criterion for effectively combating crime. Deployment strategies, available resources, morale and various other factors play just as vital a role. There certainly is a correlation between crime levels and the available manpower of the police which is needed to address them. Although we may compare favourably with the rest of the world where the number of citizens per police officer is concerned, our crime levels - especially the violent crimes - compare most unfavourably.]
In particular, one needs manpower if one finds oneself in a situation where one sometimes cannot properly respond to complaints. I shall not today terrify the House with cases of raped women, defenceless minors, dying victims and helpless citizens waiting in vain for police assistance - this when the ultimate goal to strive for is not the response to crimes committed, but the availability of sufficient visible crime-prevention units to deter criminals from committing these outrageous crimes in the first place.
It is on record that the DA and its constituent parties in recent years opposed this Budget Vote for just this reason. We stood in this House and indicated repeatedly the need for more well-trained and better-equipped police officers whilst being shouted down as irresponsible and unpatriotic and as opposing for the sole purpose of opposing. The truth is that we care. We care for all the people in this country. In particular, we care for our police officers, as underresourced as they are. The irresponsible action came from this Government which, through its failure to address that, added to the ever-increasing list of victims and, in truth, dismally failed the people of this country - all this whilst those remaining in the police in ever-diminishing numbers fought the fight valiantly, with distinction and against all odds. I salute them for that.
But let us look at the more recent past. While police numbers reached an all-time low during 2001, they managed, through hard work, to stabilise crime to some extent. However, we need to scrutinise this so-called stabilisation. It is mainly reflected as such because, against high increases in violent crimes like aggravated robbery, the murder rate came down by 24%. Did that happen because we are winning the fight? No. I would like to tell fellow members that we are, at best, just starting to curb the high tide.
The murder rate itself deserves scrutiny. It is still, despite the decrease, amongst the highest in the world. But then, using murder as an indicator of police effectiveness is highly suspect. Murder, in its very essence, is a very difficult crime to prevent. According to police surveys, 70% of murder victims knew their murderers. A survey by the Institute for Security Studies found that 50% of victims knew the offenders by name and a further 12% knew them by sight.
I will leave crime statistics and the numbers of police officers for now, although I must tell the Minister that I regard the alleged decision by Cabinet that statistics will only be released on a 12-month basis as, to say the least, very unfortunate. People need to know what the situation is regularly. Being kept in the dark will have a demoralising effect, not the other way round. We saw that last year with the moratorium.
The reason why I will stop harping on police numbers and crime figures is that, at last, and maybe not too late, in this year’s Budget Government seems to accept some responsibility for the safety and security of its people with the allocation for an additional 16 000 police officers over the next three years. Maybe this will prove to be the greatest legacy of the late Minister Tshwete: at last and to some extent to empower our brave police officers to do their job. I shall not claim vindication for this, although we asked for it and more, for years, because lives are at stake, and I appreciate this decision. Once again, in true spirit, the police, however incapacitated through diminishing resources, did proper training planning and we should see 25 100 new police officers going through training in the next three years to make provision also for normal attrition.
The hon the Minister is indeed fortunate to be able to start with this long overdue assistance from his colleague, Minister Manuel. But this will only bring fruition in our fight against crime if it is complemented with sufficient resources, vehicles, upgraded police stations and the continuation and speeding up of sector policing in particular, in those identified areas.
The DA also welcomes the much greater emphasis in this year’s budget on the programme for crime prevention. Only once we see those much-awaited, well- resourced and well-trained officers on our streets can we, as a country, maybe come out of hiding from behind our burglar bars and security gates and be free at last, with the criminals off our streets, out of our houses and businesses, and safely behind bars.
Die aankondiging oor polisielede en groter fokus op misdaadvoorkoming is welkome nuus, maar ver van voldoende. Ons evaluering vandag moet verder as dit gaan. Slegs met ‘n totale aanslag kan ons suksesvol wees in hierdie felle stryd teen misdaad. Slegs met algehele geïntegreerde oorsig en onmiddellike optrede, optimale benutting van die skaars hulpbronne, asook die aandag aan verskeie knelpunte wat dienslewering bemoeilik, sal ‘n sukses van hierdie moeilike taak gemaak kan word. Ek moet vandag verwys na enkele van hierdie aspekte.
Die eerste is die ontplooiing van polisielede. By Johannesburg Sentraal, een van ons grootste polisiestasies in die middel van ons misdaadstad, waar soveel as 136 uit elke 100 000 inwoners elke jaar vermoor word, waar gewapende roof en motorkapings hoogty vier, sit 20% van die lede in administratiewe poste en nog 20% is voltyds besig met bewakingsdienste. Daar is steeds te veel funksionele polisiebeamptes in administratiewe poste regoor die land. Lede wat sigbaar op straat moet wees, moet besig wees met misdaadvoorkoming. Ons verwelkom die aanduidings om dit aan te spreek.
‘n Verdere probleem is hulpmiddele. Genoeg is gepraat oor die voertuigsituasie in die polisie, met sy onvoldoende voertuie, en verkeerde voertuie wat gebruik word in ons landelike gebiede, waar onherbergsame gebiede met Citi Golfs bedien word. (Translation of Afrikaans paragraphs follows.)
[The announcement about police members and greater focus on crime- prevention is welcomed, but far from sufficient. Our evaluation today must go further than that. We can only be successful in this fierce battle if we declare a total onslaught on crime. Only with overall integrated oversight and immediate action, optimal utilisation of scarce resources, as well as attention to various issues that hamper service delivery, can this task be successful.I must today refer to some of these aspects.
The first is the deployment of police members. At Johannesburg Central, one of the biggest police stations in the centre of our crime capital, where as many as 136 out of every 100 000 citizens are murdered every year, where armed robbery and hijacking are rife, 20% of the members are in administrative posts and another 20% are fully occupied with performing protection services. There are still too many functional police officers in administrative posts throughout the country. Members who must be visible on the street must be engaged in crime prevention.
Resources are another problem. Enough has been said about the vehicle situation in the police service, with its inadequate number of vehicles, and vehicles that are unsuitable for use in our rural areas, where inhospitable areas must be served with Citi Golfs.]
I would like to tell the Minister that Citi Golfs mean just that - Golfs to be utilised in city conditions. And I will not even mention police officers who are without valid driving licences. Met hulpmiddele verwys ek ook na die feit dat die enkele lede van ons polisiemag wat wel misdaad beheer en by die voorkoming daarvan betrokke is, dikwels nie voldoende radios, boeie of wapens beskikbaar het nie. (Translation of Afrikaans paragraph follows.)
[When I am talking about resources I am also referring to the fact that the few members of the police force who do actually combat crime and who are involved in crime control and crime prevention, often do not have sufficient radios, handcuffs and firearms.]
Bulletproof vests are not an option in South Africa but a necessity. This lack of sufficient resources is seriously hampering our effectiveness.
Op die platteland is die situasie dikwels erger. Hierdie oorwerkte polisielede moet terugkeer na stasies, in verskeie gevalle sonder elektrisiteit, water, telefone, faksmasjiene en rekenaargeriewe. Polisiestasies - en ons besoek hulle - val partykeer uitmekaar. (Translation of Afrikaans paragraph follows.)
[The situation in the rural areas is often worse. These overworked police members must return to stations, in various instances without electricity, water, telephones, fax machines and computer facilities. Police stations - and we visit them - are sometimes falling to pieces.]
How will we properly implement Afis or deploy designated police officers to all stations without telephone lines or computers? This is something that needs to be addressed immediately. Yesterday the Minister undertook to do so. I am once again reminding the Minister that we need to address this immediately.
Ons sit ook met groot getalle lede wat nie behoorlik opgelei is nie. Verder is 25% van die polisiemag funksioneel ongeletterd. Kan ons verbaas wees in die Huis as slegs 9% gerapporteerde sake tot suksesvolle vervolging lei? Daar is probleme in Justisie en die probleem lê nie net by die Departement van Veiligheid en Sekuriteit nie.
Ons moet te veel hoor van swak en onvoldoende verklarings deur lede gedoen, wanneer sake ondersoek word. Ondersoeke sloer dikwels maande, selfs jare, wat die kans op suksesvolle vervolging kortwiek. Getuies vergeet of verdwyn. Verdagtes verdwyn. Getuienis verdwyn en mettertyd verdwyn ook alle kanse op skuldigbevindings. Verhoorafwagtende gevangenes is gemiddeld 139 dae in aanhouding voor die hofsaak afgehandel word. Hiermee saam is die gebrek aan voldoende opgeleide speurders. Suid-Afrika vergelyk inderdaad sleg met die res van die wêreld wat betref die verhouding speurders teenoor saakdossiere wat behartig moet word, veral wat betref ernstige misdade. Die koördinering tussen speurders van spesifiek moorddossiere en die vervolgers in Justisie skiet tekort. (Translation of Afrikaans paragraphs follows.)
[We also have large numbers of members who have not been properly trained. Furthermore, 25% of the police force is functionally illiterate. Can we in the House be surprised if only 9% of reported cases lead to successful prosecution? Problems exist in Justice and the problem is not only with the Department of Safety and Security.
We have to hear too often of poor and insufficient statements by members when cases are investigated. Investigations often drag on for months, even years, which impedes the chances of successful prosecution. Witnesses forget or disappear. Suspects disappear. Evidence disappears, and with time all hope of conviction disappears. Awaiting-trial prisoners are detained for 139 days on average before the court case is over. Coupled with this is the shortage of sufficiently qualified detectives. Indeed South Africa compares poorly with the rest of the world in respect of its ratio of detectives to pending case dockets, especially so relating to serious crimes. The co-ordination between detectives with specific murder dockets and the prosecutors in Justice is lacking.]
I recently alluded to the lack of capacity in the forensic department. The Minister stated that this would be sorted out. I will follow this progress with interest.
On reflection, the overall picture does look bleak. Our evaluation shows that out of 100 000 functional police officers we only have approximately 8 000 constables. Too many members are in offices and too few on our streets. This is the bottom line. Although the Minister did not cause this, it is the Minister’s responsibility to sort out all the problems I mentioned. As long as the Minister is sincere in addressing these problems, the DA will support and assist him.
We are heartened by the recent strategic and planning briefings from senior management, as well as a number of remarks the Minister has made. But, of course, plans and actions are often far apart and take a long time in coming into place. With more budgetary assistance the Minister can succeed and remain focused on these challenges.
Die grootste vraag na ons evaluasie is natuurlik of hierdie begrotingspos voldoende prioriteite binne die nasionale raamwerk geniet. En die tweede, maar hiermee gelykstaande, of die geld wat wel bewillig is, volgens aanduiding, voldoende en met die departement se prioritisering na die regte program gekanaliseer word. Die antwoord op die groot vraag is egter: Nee.
Myns insiens vind daar nie voldoende befondsing van dié departement uit die begroting nie. Al die probleme wat ek aangedui het, word nie in ag geneem nie. Ook ongelukkig nie as die Minister van Finansies voldoende geld het om R15 miljard as belastinggeskenk uit te deel nie. Ons is almal bly daaroor. Dit is my beskeie mening dat die groot getalle misdaadslagoffers in hierdie land veel eerder veilig sou wou voel, as om ‘n paar ekstra rand in die sak te hê. Ons kan ook nie so voel nie, aangesien miljarde rande gespandeer word op die skandalige en kontroversiële wapentransaksie.
Die tweede vraag kan ek soos volg antwoord: Ek is tevrede dat met die nuwe rigting wat die departement ingeslaan het met die klem op die aanvulling van die polisie se mannekrag, asook die implementering van sektorpolisiëring en sigbare misdaadvoorkoming, word my tweede vraag inderdaad positief beantwoord. Dit is ‘n aanduiding dat dit waarvoor ons jare gevra het, uiteindelik aandag geniet en ons is dankbaar daarvoor. My mening is dat die SAPS se begroting vir 2002-03 ons vorentoe neem in die opdraande stryd teen misdaad en die beperkte geld - alhoewel ver van voldoende - reg aangewend sal word. (Translation of Afrikaans paragraphs follows.)
[The biggest question after our assessment is, of course, whether this budgetary post enjoys sufficient priority within the national framework. The second but equivalent question, is whether the funds that have in fact been appropriated, according to indications, is sufficient and, with the department’s prioritising, directed to the right programme. The answer to the big question, however, is no.
In my view there is insufficient funding of this department from the budget. None the problems I have mentioned, are taken into consideration. Neither, unfortunately, when the Minister of Finance has sufficient funds to donate R15 billion as a gift of revenue. We are all pleased about it. It is my humble opinion that the large numbers of victims of crime in this country would far rather feel safe than have an extra few rands in their pockets. Nor can we feel like that, since billions of rands are being expended on the scandalous and controversial arms deal.
The second question I can answer as follows: I am satisfied that with the new course followed by the department, which places the emphasis on supplementing the police manpower, as well implementing sector policing and visible crime-prevention, my second question is indeed answered positively. This is an indication that what we have been asking for over the years is finally getting attention and we are grateful for that. My opinion is that the budget of the SAPS for 2002-03 takes us forward in the uphill battle against crime and the limited funds - although far from sufficient - will be correctly utilised.]
If the Minister of Finance were to come to the party with financial assistance, we may just succeed. I had 16 minutes and could only touch on half of the issues that need to be addressed. This must indicate how complex and tough the crime problem is that our police have to face. I trust that the years to come, with increased safety and security for all our people and all criminals behind bars where they deserve to be, will give justification to this expressed confidence to our police officers.
Lastly, I want to thank members of the portfolio committee from all parties for the sensible and constructive way we worked together to focus most of the time on effective policing and its problems. [Applause.]
Mr R P ZONDO: Chairperson, Minister for Safety and Security, members of the SAPS and hon members, the ANC welcomes and appreciates the increase of the SAPS budget for the year 2002-03. The fact is that the SAPS has identified crime in terms of its strategic plan. One of these priorities is to combat crime, organised crime and gangsterism. My presentation will focus on two areas.
The triumph of justice over injustices during 1994 in our country led South Africa to gain worldwide recognition, something that we, as peace-loving people, are proud of. On the other hand, the world experienced a rapid expansion of organised crime and transnational criminal activities planned and executed by sophisticated criminal networks that consider the world their global village. The end of the Cold War and transformation of an authoritarian system towards democracy in different parts of the world signalled a new era of open borders.
South Africans have not been left untouched by these developments. In response, the South African state declared organised crime syndicates a priority and provided additional resources for the police to combat them. This included gangsters.
The National Crime Combating Strategy was developed to implement and identify priorities. This resulted in the establishment of organised crime project teams. Their approach is to focus on key syndicates rather than individual crimes. Investigating teams are multidisciplinary, ensuring that an integrated approach is used.
Other measures to combat gangsterism and organised crime include a multilateral regional co-operation agreement that has been signed regarding police co-operation for the southern region, to which our hon Minister has already referred. This has led to numerous effective cross-border operations.
Syndicates specialise in drugs, car hijacking, fraud and money laundering and cash-in-transit heists. Many violent crimes in the country have occurred because of the abuse of narcotics and other substances. Most people arrested for violent crimes such as car hijacking are found to have used narcotics. To understand gangsterism and organised crime, we must realise that criminals work at different levels of sophistication. The smuggling of commodities which include drugs, diamonds, stock and weapons forms an integral part of gangsterism and is reason for the existence of concern regarding future developments. The interaction between gang members and organised crime leaders must therefore never be underestimated.
These are the challenges we face. It is heartening to realise that the SAPS is committed to empowering police stations. It would be appreciated if this strategy could focus on those stations and areas where most of the crime is being committed and empower the police stations where the resources are really needed. At the same time, infrastructure is necessary, and at station level it is important to ensure that crime intelligence is fed from grassroots level into the information system of the SAPS. The docket system needs to be addressed. Serious crimes are not well attended and as a result leave much to be desired.
It would be appreciated if a timeframe could be set up for such infrastructures. We recognise that the SAPS is part and parcel of our community. The responsibility to combat crime is just as much a responsibility of our community. The SAPS is succeeding by leaps and bounds in the National Crime Combating Strategy. The recent raid of a container ship transporting 168 kg of cocaine in Saldanha Bay was the biggest drug bust with an estimated street value of R325 million. According to the SAPS they block 160 tons reaching young kids in South Africa.
The SA Police Service have gathered extensive information on a number of syndicates operating in the country. The present money laundering and racketeering in the Western Cape, which make some leaders of a certain party restless in this House, are just the tip of the iceberg in the SAPS’s commitment to fight crime.
The ANC Government will continue to support them in their fight against crime and remains firmly behind them in their stance on combating crime. We showed commitment when the President made a national call for volunteers to assist with safety and security. Our people responded in greater numbers at all levels.
It is my belief that we need to strengthen the spirit of Vukuzenzele by raising public awareness about the negative impact of dirty money and money laundering. When dirty money penetrates our economy and starts to outweigh clean money, a key consequence is the reality of the jobless. It destabilises our social economy. The public could be trained in existing adult basic education training, or Abet, programmes.
The Government recognises the role of the unions within SAPS. These are Sapu and Popcru. I want to take this opportunity to call for these unions to unite. This call requires a political intervention as they have demonstrated a lack of political will to recognise that their internal differences have an impact on effective service delivery.
Ka lebaka la gore tau tsa hloka seboka di sitwa ke nare e hlotsa. [We cannot achieve anything if we are divided.]
I stand here representing a party with a culture of democratic tradition, the ANC, and one of its mandates is to unite the people of this country and Africa as a whole. I wish to call upon all South Africans to take hands with our sons and daughters in the Police Service in combating this monster, crime, and ensuring a safe community, which will attract much- needed investment, thereby facilitating economic growth, and to expose those who are engaged in criminal activities such as money laundering. My call also includes members who appear to be a laughing stock in the public eye.
Ke re go bona ke bona bo maganagobuswa, e lego gona bo sako la hloka thobela ke mojano.
Ge ke ruma, ke rata go topa Morena Paul Swart nta mo thekeng. (Translation of Pedi paragraphs follows.)
[I say to them they are ungovernable, people who take advantage if there is no established authority.
In conclusion, I would like to quote Mr Paul Swart.] I deeply appreciate Adv Swart’s areas of concern. It is unfortunate that his party is currently under the disgruntled Dene Smuts, Tony Leon and Douglas Gibson, who have nothing to offer to the country except to howl insults at prominent people of our beloved country.
Mr M J ELLIS: You are spoiling a fairly good speech.
Mr R P ZONDO: Relax.
Mr M J ELLIS: I will not relax as long as you are talking rubbish.
Mr R P ZONDO: The respected citizens of our country are not interested in all this. It is my belief that if such inputs had been made during the leadership of Helen Suzman, Dr Alex Boraine and Van Zyl Slabbert, the stalwarts of the former PFP, they would have welcomed this in a much more constructive manner than the way the hon Mr Ellis is doing at the moment, panicking.
Ke rata gore go Morena Paul Swart, ka gore bjale ngwedi o apogetswe ke maru, le nna ke hlapi holofela leraga gobane meetse a pshele o a lebeletse. Le wena madiba a gago a pshele. (Translation of Pedi paragraph follows.)
[I would like to say to Mr Paul Swart, because the truth is out, that I am holding on to what I have. You no longer have anywhere to run to.]
Hope and I are old friends.
Mina nethemba lami singabangani abadala. [My hope and I are old friends.]
Ka go realo ke re go ya ka magoro ga se go tswana. [Legofi.] [Until we meet. [Applause.]]
Mr V B NDLOVU: Sihlalo, iNdlu ehloniphekile, mhlonishwa Mongameli nabahlonishwa bonke abakhona, namalungu ePhalamende, … [Chairperson, honourable House, President and hon members in this House …]
… it is important to see where the police came from and where they are going. The IFP wants to congratulate the police on the implementation of the National Crime Combating Strategy, which was the brainchild of the former Minister, the late Mr Tshwete. The implementation of sector policing will give more teeth to the police and encourage trust between them and the communities they serve. Right now the work of the police should be to clamp down on crime, thereby reducing it in the eyes of the public and of the people. Police can only do that if the communities they serve trust them. The IFP therefore will not tolerate the criminal elements in the police and the police management must eradicate those elements.
The tactic of the police is the fulfilment of the constitutional directive and the implementation of the code of conduct within the organisation. In terms of the Constitution, the major issue is the proper investigation of crimes in order to obtain proper convictions.
The joint strategy among the three departments must be fulfilled when the police have arrested the criminals. The courts must prosecute and the prisons must imprison. The killing of the late Mr Sikhonde, the mayor of Nongoma, is a case in point. The death of isekela lenkosi yakwaButhelezi, ubaba uNdlovu [the deputy chief of the Buthelezi tribe, Mr Ndlovu] is also a case in point which I want to use as an example. This person was shot in his sleep. In this case, too, nobody has been arrested up to now and we do not know what is happening.
I therefore appeal to the police not to be politically manoeuvred when it comes to certain cases, because that would diminish the standing of the police in the eyes of the public. The police must investigate and arrest criminals, no matter who they are and where they come from.
With the employment of recruits from different areas, the IFP recommends that demographics be considered when making up the number lost. If a few police have been lost in a particular province, that province should receive an equivalent amount. The more populated the province, the better equipped the police there should be in terms of human resources. That should be the case in order to fulfil the mandate of the visibility of the police.
Last time I spoke on this Vote, I raised a point about the training of the police in human rights. I want to emphasise the point again, so that we avoid civil claims against the department and the police.
I would like to establish the reason for not building new police stations, especially in the rural areas. In 1998 I asked this question and used the example of Taylors police station. At that time the station was a satellite police station. After that it was upgraded into a full police station, but no building has occurred since then. In 2000 I was told that the police station concerned was number 33 in the programme of the Department of Public Works. What position is it in now? Nobody knows, and they are still stuck with dilapidated buildings there.
I am using this as an example because I do believe that the department has a way of building new police stations. I need to see it happen.
While I am talking about this, I hope that the relationship between the SAPS and the Department of Public Works has improved so that the dilapidated buildings of the old police stations can be eliminated.
The IFP welcomes the training of police personnel, so that members of the service can be relieved of their desk work and do active policing, and the employment of civil servants to man police desks. That should increase the number of police on the ground. The IFP hopes that this will happen as it came directly from the President’s address to the nation.
The IFP also agrees with the portfolio committee, which is led by the hon member Mluleki George, that recruits should not be required to have driving licences when applying for posts, but that the police college should teach them how to drive. If this requirement is enforced, it will hinder the disadvantaged young people who would like to join the Police Service.
Abantu abaqhamuka emakhaya nje okungakaze kube nezimoto kuwo, bayokufundaphi ukushayela? [Where are people who come from the rural areas, where there are no cars, going to learn to drive a car?]
The Department of Safety and Security must improve its service in order to provide careers within the department for young people. The involvement of South African technikons and colleges should be greater in this regard in order to improve the service so that there are careers in the service.
When students enter the service they should be able to choose which line of duty they prefer. That will necessitate the improvement of the detective and forensic sections. The gathering of statistics alone will be a major task, and therefore cause for intervention or analysis.
The Independent Complaints Directorate, from the IFP’s point of view, should be allocated to the Department of Justice and Constitutional Development in order for it to be able to do its work without interference from the police. At this moment there are cases that are referred to the police for investigation by the ICD. This is incorrect. There are areas where the ICD has to rely on the police for work to be done. If the purpose of the ICD is to investigate what the police have done, then it cannot and must not use police buildings, investigation facilities and information to do its work. We must confirm its position as an independent body.
There is a need for the ICD, but not under the Ministry of Safety and Security. I therefore request that the political debate on the matter start immediately, so that the matter can be debated and finalised.
Finally, I would like to thank the late hon Minister Mr Tshwete for excellent work done to improve the morale and standing of the police. We welcome the new Minister and hope that we will continue to work with him in the same vein as we did with the late Minister. [Applause.]
Mnr J SCHIPPERS: Voorsitter, agb lede, die laaste twee jaar in die lewe van die ontslape Minister Steve Tshwete het hy gewy aan die stabilisering van en afname in die misdaadstatistiek in Suid-Afrika volgens die jongste syfers. Hy het ‘n goeie grondslag gelê, en die nuwe Minister kan dit, tesame met die begroting wat vandag dien, gebruik om die misdaadvlakke verder af te bring ten einde beleggersvertroue en werkgeleenthede te skep.
Deur hierdie begroting wys die Regering sy erns om misdaad vas te vat. Die begroting en die strategiese plan van die SAPD oor die medium termyn is reeds daarop gefokus. Dit sal die Minister en Nasionale Kommissaris in staat stel om hul doelwitte te bereik.
Die begroting reflekteer ‘n verhoging van R5,26 miljard oor vier jaar, met ‘n sterk fokus op misdaadvoorkoming, 43,46%; administrasie, 28,93%; en die speurdiens en misdaadintelligensie, 20,33%.
Daar moet kritiek uitgespreek word, as dit nodig is, maar ook lof toegeswaai word as welslae en sukses behaal is. Die SAPD het ‘n indrukwekkende strategiese plan vir die tydperk 2002 tot 2005 opgestel. Ons hoop van harte dat die meeste leemtes en gebreke in die organisering en administrasie van die SAPD opgelos sal word en ook dat die volgende probleemgebiede aangespreek sal word: die laksheid en ongedissiplineerde optrede van polisiebeamptes; foutiewe prosedure by die hantering van forensiese inligting en ongelukke en misdaadtonele; bewerings dat polisiebeamptes by misdaad betrokke is; kindermishandeling; verkragting van weerlose vroue en kinders; bendegeweld, boendoehowe en vigilantes; die verdwyning van dossiere uit polisiestasies; die werkomstandighede van polisiebeamptes; en die toestand van polisiestasies.
Onder die opskrif, Tshwete sou trots gewees het,'' het die Nuwe NP 'n
persverklaring uitgereik waarin die sukses en welslae van die afgelope jaar
gelys word. Ek noem slegs 'n paar voorbeelde: in Die Burger van 2
Februarie,711 vas in Operasie Tsipa’’; in Die Burger van 17 Maart,
Grootste kokaïenvonds nog in die Kaapse hawe gekonfiskeer''; in die
Volksblad van 14 April,Die polisie stel bedrogsindikaat aan die kaak’’;
volgens Sapa op 18 April, 695 verdagtes in hegtenis geneem in
Johannesburg''; luidens 'n persverklaring van 6 Junie,Polisiemoorde daal
met 31%’’. Dit dui aan dat daar duisende toegewyde beamptes is wat hul werk
nougeset doen.
Die Suid-Afrikaanse politieke gemeenskap plaas ‘n hoë premie op deursigtigheid. Dit is van kardinale belang dat dit deurlopend en deur almal toegepas moet word. Tydens die ontmoeting tussen die poliesievakbonde en die portefeuljekomitee, moes ek agterkom dat hulle nie insae in die begroting gehad het nie. Tog moes hulle daaroor praat. Die is onregverdig en onaanvaarbaar.
Die verteenwoordigers van Sapu, Popcru en SA Technikon het insiggewende aanbevelings gemaak. Ek vestig die Raad se aandag op ‘n vraag wat deur ‘n Popcru-lid gevra is: Waarom moet ‘n polisiebeampte bevordering ontvang om op ‘n groter salaris aanspraak te maak? Ek glo die tyd het aangebreek dat die SA Technikon as navorser ‘n merietesisteem moet ontwikkel wat dit vir die polisieman of polisievrou moontlik sal maak om meer te verdien sonder om bevorder te word.
Die Onafhanklike Klagtedirektoraat het nog nie tot sy volle reg gekom nie. Verskeie redes word hiervoor aangevoer. Hulle doen baie belangrike en noodsaaklike werk wat deur die gemeenskap benut moet word.
Ten slotte, met die President se openingsrede as agtergrond, wil ek ‘n versoek aan die agb Minister rig om daardie lede van die Polisiediens wat nie hul verpligtinge en werksaamhede verantwoordelik nakom nie, aan te spreek en uit te skuif indien nodig sodat ‘n stabiele, parate en trotse SAPD gebou kan word. Alle dank aan die 140 000 manskappe in blou en reserviste wat Suid-Afrika veilig hou. Die Nuwe NP steun beide begrotingsposte. (Translation of Afrikaans speech follows.) [Mr J SCHIPPERS: Chairperson, hon members, the late Minister Steve Tshwete dedicated the last two years of his life to the stabilisation and decrease in the crime statistics in South Africa according to the latest figures. He laid a good foundation and the new Minister can use this together with the budget tendered today to further bring down the crime levels in order to create investor trust and job opportunities.
Through this budget the Government is showing its seriousness to clamp down on crime. The budget and the strategic plan of the SAPS over the medium term are already focused on that. This will enable the Minister and National Commissioner to reach their goals. The budget reflects an increase of R5,26 billion over four years with a sound focus on crime prevention, 43,46%; administration, 28,93%; and the criminal investigation unit and crime intelligence, 20,33%.
Criticism should be expressed when necessary, but praise should also be expressed if successes are achieved. The SAPS has compiled an impressive strategic plan for the time period 2002 to 2005. We sincerely hope that the many deficiencies and shortcomings in the organisation and administration of the SAPS will be solved and also that the following problem areas will be addressed: the laxity and undisciplined action of police officers; incorrect procedure with the handling of forensic information and accidents and crime scenes; allegations that police officers are involved in crime; child abuse; rape of defenceless women and children; gang money, kangaroo courts and vigilantes; the disappearance of dossiers from police stations; the work circumstances of police officers; and the condition of police stations.
Under the heading, Tshwete sou trots gewees het'' the New NP released a
press statement in which the successes of the past year are listed. I
mention merely a few examples: in Die Burger of February 2, 711 vas in
Opera Tsipa’’; in Die Burger of March 17, Grootste kokaïenvonds nog in
die Kaapse hawe gekonfiskeer, in Die Volksblad of April 14, Die polisie
stel bedrogindikaat aan die kaak’’; according to Sapa on April 18, 695
verdagtes in hegtenis geneem in Johannesburg; according to a press release
of June 6,Polisiemoorde daal met 31%’’. This indicates that there are
thousands of dedicated officers who are doing their work meticulously.
The South African political community places a high premium on transparency. It is of cardinal importance that this is applied continuously by everyone. During the meeting between the police unions and the portfolio committee I realised that they had no input in the budget. Still they had to talk about that. This is unfair and unacceptable.
The representatives of Sapu, Popcru and SA Technikon made informative recommendations. I want to bring to the council’s attention a question asked by a Popcru member: Why should a police officer receive promotion in order to lay claim to a bigger salary?
In conclusion, with the President’s opening address as background, I would like to request the hon the Minister to address those members of the police service who are not performing their duties and work responsibly and to move them out so that a stable, prepared and proud SAPS can be built. Thank you to the 140 000 personnel in blue and reservists who are keeping South Africa safe. The New NP supports both Budget Votes.]
Mr Q J KGAUWE: Chairperson, Deputy President, this Ministry has an obligation to defend and protect the country’s citizens. We are duty-bound to investigate, prosecute and arrest anybody who attempts to commit any criminal activity.
It is almost eight years since the democratic Government was installed. Throughout much of the apartheid struggle the community was told to denigrate the police. The belief was that the police were political pawns and instruments of oppression and injustice, and they had to be challenged. What is the reality now? The ANC Government has fought a battle to bring back the culture of ubuntu and reconcile the community and the police. The kind of police we endorse are those who will go and gather evidence in respect of crimes under investigation, ensure that accused persons and witnesses are present at criminal trials and present credible evidence during trial.
We embrace the idea that sector policing will yield the long-awaited results. It has positive results in the reduction of crime as experienced to date.
The allocation of resources in the form of vehicles to previously disadvantaged communities remains a thorny issue. We must admit that there is no ready solution. A population of 500 000 is served by one or two bakkies. These bakkies are unable to respond promptly to calls to any crime scene. When one calls the police station, the response is, ``We are understaffed and there is no transport.’’ For how long must this go on?
Regarding the building of police stations, we must acknowledge that police station buildings in disadvantaged areas are dilapidated. This has a negative impact on the performance of their duty by the officers involved. Toilets are blocked, roofs leak and there are no telephones, no furniture and no electricity in the rural areas. Do we envisage a special provision budget to redress the situation in certain police stations like Jouberton, Ikageng, Kanana and Ganyesa?
With regard to police capacity, the actual number of personnel is 123 000. We appreciate the 7 000-recruit intake for now. The question that might arise now is whether consideration is given to those who are resigning or retiring from the service. How and when will they be replaced?
Another dilemma regarding these new recruits on completion of their training, or passing out, is how they are deployed, taking into cognisance that there are no proper buildings and areas with facilities that would accommodate them.
The promotion policy of the SAPS remains questionable and outdated. Our appeal is that it should be revised. The manner in which it functions now is that, throughout the service, the determining factor for one to be promoted is based on the number of years one has been in the service. My appeal to the hon the Minister is that he reconsider that position.
The promotion of personnel should be linked with capacity, accountability and performance output. This will eradicate unwarranted promotions and will encourage members to acquire more skills and thus put more effort into their work.
The aim of community policing was to establish broadly representative community policing forums, so as to set up an active partnership between the police and the community through which crime, service delivery and community relations challenges can jointly be resolved.
There is no meaningful Government support to these structures, the community policing forums. Few CPFs have been able to fulfil their intended functions, and they have not been able to garner support from the community organisations. We must avoid a white community policing forum serving the interests of the whites and a black community policing forum serving the interests of the blacks. Does the SAPS envisage a situation of providing funding to CPF projects?
Regarding volunteerism and the President’s call for communities to make themselves available to render their services for free, there was a positive response from the members of the public. The partnership between the police and the public was very encouraging and many criminals were arrested. Certainly, in the townships, residents in every street know who the criminals are in their midst.
We are told that the work of the corruption unit has been removed from HQ and redirected to station level. This move exposes those members to threats and intimidation because they will be expected to arrest their own colleague. The unit’s number of officers has been decreased from 250 to 150.
With regard to the public service, we are all aware that currently the SAPS are governed under the SA Police Service Act. They fall out of the Public Service Act, which is not applicable to the SAPS, except for a few members. Various role-players are wondering whether it would be a move in the right direction for the SAPS to fall under the Public Service Act. This is just an idea and not a discussion or consideration which will lead to a final decision.
With regard to section 49 of the Criminal Procedure Act, members might be aware that there has been a high level of controversy about the Constitutional Court judgment dealing with the use of lethal force in effecting an arrest. The ANC Government has always been correct. Everybody today must accept, implement and support the judgment.
In the judgment the court struck down section 49(2) of the Criminal Procedure Act, a legal provision created by the apartheid government to give the police the maximum freedom to kill people, disguised as operating under the rule. In a democracy police need to uphold standards if they are to win respect and credibility from the public.
Concerning the clarification by the court, a person carrying out an arrest may use as much force as reasonably necessary to overcome resistance to the arrest or prevent the person concerned from fleeing. The person carrying out the arrest may use force if there are reasonable grounds to believe that either situation pertains. I would say that now is the time to convict those with pending charges against them, should the situation warrant it.
I wish to give examples of incidents that damage the image of the police. We regret the killing of the Diepkloof station commissioner, but, we are able to detect that there was a dereliction of duty, conspiracy and collusion by certain members. An urgent remedial punitive measure is to suspend those officers who are implicated whilst the investigation is proceeding. This will serve as a deterrent to those with ulterior motives.
Similarly, the Potchefstroom station director found his domestic worker ill and groaning, unable to wake up due to an illness attack. Instead of calling an ambulance to ferry this ill patient to hospital for medical treatment, he phoned his junior police officers to come and arrest that domestic worker and lock her up in a police cell.
Now, the charge against her was the theft of whiskey and being drunk. We call for the immediate suspension of that officer. This is the kind of situation that one finds oneself confronted with.
Regarding corruption, the SAPS has not yet managed to exorcise all the demons of the old SA Police. Among these are public perceptions of the police.
Over 14 600 cases involving the police were investigated, 480 police members arrested and 84 convicted. The latest incident of corruption within the SAPS occurred last week in Pietermaritzburg, where 17 police officers were arrested on fraud and corruption charges. This clearly indicates that criminal tendencies among the police remain unacceptably high. We cannot allow such practices to continue unabated. The victims are always poor people who are intimidated with arrest should they fail to pay the bribe. [Applause.]
Ms ANNELIZÉ VAN WYK: Chairperson, allow me to start off by paying tribute to the late Minister, Mr Steve Tshwete. Minister Tshwete enjoyed a good and robust debate. He was open to positive criticism and appreciated positive contributions. Most importantly, he cared. No problem brought to his attention was too small. He gave his personal attention, listened and followed through. Though one might have differed with him politically, one had to admire his passion and compassion. This was illustrated in his comforting family members of the victims of farm murders. The fight against crime and the staff of the SAPS were his passion. We will miss him.
To the new Minister, welcome and good luck with a mammoth task in a very hot seat. We would like to assure him of our support in the fight against crime.
A budget is never large enough. We all experience that personally. After every raise we are all excited when we receive the news, and when we get the first cheque we wonder where the increase disappeared to. The same goes for the SAPS budget. In terms of the priorities of Government and the money available, there can be no one in this House that will argue that the department is not receiving its fair share. However, there will also be none of us that would complain if the National Treasury gave the department more.
The question is whether the money is spent in the most effective way. We would argue that, with the funding available, SAPS financial management is well thought through. I would, however, like to focus on the utilisation and management of the resources available.
The UDM believes that more can be done with the available resources. We would argue that the action should take place at provincial, district and station commander level. Furthermore, every single police member also has a role to play. During visits to police stations, it becomes clear how the attitude of the station commander and staff influences the physical conditions at the station and the success rate of the station in combating crime.
It is often those with less that achieve more. This clearly reflects on the morale and motivation of the members at a station. Often it is the morale that determines the condition of the station, and not the other way around, as is so popularly argued. Pride in what they do in serving fellow South Africans and combating crime must be a characteristic of the service and every one of its members.
Too much money is spent on replacing lost equipment, such as cartridges and bulletproof vests. It then becomes easy to claim a shortage while the truth is rather that state-owned property has been negligently lost. The same applies to the acquisition and utilisation of the vehicles in the vehicle fleet. We would urge the SAPS management, the unions and every member of the SAPS to embark on an internal drive to turn this situation around. The savings made in this regard can greatly contribute to the acquisition of better and technologically more advanced equipment.
The UDM would like to repeat its call in last year’s budget debate for a new promotion system in the SAPS that will ensure that policing skills built up over many years are not lost to administration through promotion. We need to make it possible for a good police officer to keep on doing police work and still receive promotion. Here we need to look at and investigate the British model as a possible manner in which to achieve this.
The training of SAPS members is of grave concern to the UDM. We believe that training modules are inadequate for the skills needed in South Africa. Ongoing training and refresher courses need to become a prerequisite for every SAPS member at every level. Just for example, physical fitness and firearms training on a monthly basis should be prescribed for every member.
The UDM wants to appeal for a separate and special salary dispensation for SAPS members. Their work and conditions differ from those of other state officials. Their salary dispensation should reflect that.
We are concerned about the low conviction rate of cases that go to court. We believe that this is a matter that all role-players in the criminal justice system have to give attention to. As far as the SAPS is concerned, we believe that it can contribute to a higher conviction rate by giving attention to the following. The service must ensure that experience is retained and improve the technical, medical and documentary evidence ability of SAPS. SAPS members must be trained in how to deal with traumatised victims when taking down their statements. The Bill of Rights requires more skill of our police officers, and it is our duty to equip them accordingly. The interaction and co-operation between detectives and prosecutors must be even further improved. The period between arrest and conviction needs to be shortened dramatically. On average it is 139 days. In this period witnesses forget, people move and, especially where organised crime is concerned, there is room for intimidation.
The decision by Cabinet to release crime figures only once a year is the wrong one. This will result in speculation and perceptions regarding crime that the SAPS and the Minister will be unable to address. It makes the oversight role of Parliament virtually impossible, as it takes away the one measurement and early warning system for intervention.
I would like to thank the national management of the SAPS and every single police officer for their commitment. They protect our country’s people and assets; they should do so with pride. [Time expired.] [Applause.]
Rev K R J MESHOE: Mr Chairperson, hon Minister, on behalf of the ACDP, I first want to congratulate the hon Charles Nqakula on his appointment as the Minister of Safety and Security. He has very big shoes to fill, shoes that were left by the late hon Steve Tshwete. Many people out there who are frustrated and impatient because of the very high crime levels in their communities are expectant and looking forward to what the Minister is going to do. [Interjections.]
The MINISTER OF HOME AFFAIRS: He has big feet too. [Laughter.]
Rev K R J MESHOE: Whenever members of the Portfolio Committee on Safety and Security are given a presentation on the work of the police, as happened yesterday, we hear heartwarming and glowing reports. We are given statistics and figures that often do not match the experiences on the ground.
Among the things we were told yesterday is that crime has stabilised and that police want to move from stabilisation to crime reduction. We were also told that the morale in the police is high and that the success rate in arrests has also risen.
But people correctly expect more from the police when they hear such reports. The fact is that a few hours ago, Cosatu led a protest march against both Metrorail and Government because of high crime levels on our trains. At their press conference yesterday, they highlighted the plight of mothers who had lost their children and loved ones to criminals on the trains. Some of the children were thrown out of the windows of fast-moving trains, leading to their unfortunate deaths.
When the ACDP called for a permanent police presence on the trains to ensure the safety of commuters, we were told about budget constraints and the lack of human resources. A lot of money that should be used for employing many more police and ensuring that they are paid very well for the dangerous work they are doing is wasted on countless social events and cocktail parties that are always taking place in Parliament.
We agree with Cosatu that Government and Metrorail do not take passenger safety on trains seriously. How much longer will family members whose loved ones use trains and taxis remain unsure as to whether they will see them come back home alive? Desperate people resort to vigilantism to try to stamp out crime in their communities. They are then arrested much more quickly than the criminals who cause them to resort to such tactics. This has to be looked at seriously.
In January this year my constituency office was broken into and a lot of equipment was stolen. When I was told that no investigation was taking place, I appealed to the director in charge of the relevant police station for help, but to no avail. I then phoned the SAPS headquarters in Pretoria on a few occasions to get help, but only received empty promises.
Members of the public are always told to come forward with information to the police. In many cases, if the police do not pass on that information to the criminals, then they do not follow up on the leads they are given by the public. In the case of my office, the investigating officer did nothing when he was told where the stolen computers were. He did not follow the leads that were given to him.
When I again phoned the police headquarters in Pretoria to ask that this case be given to another investigating officer, I was told to wait and that they would come back to me after the weekend. Now I have been waiting for about three weeks, and all I get from the police headquarters is a deafening silence. I even had to close down my constituency office, because the investigating officer told us that he did not think that members of my staff were safe in that office. So we had no choice. For their safety, we had to move office.
What are the police there for, if not to ensure the safety of members of the public, including those who run the constituency offices of members of Parliament? A relevant question to ask is: If members of Parliament and of the Portfolio Committee on Safety and Security get such poor service, how can we be sure that ordinary members of the public, particularly the poorest of the poor, will get good service from them? How can we be expected to support the Budget Vote that will not help us feel safer even in our communities and offices? This situation is not only appalling, but it is a disgrace. [Interjections.] Shut up! [Laughter.] We are told that the success rate in arrests has risen, and yet we do not see that on the ground. If the police do not arrest the criminals who stole the computers from my office and restore them, then I will have to make a claim to the Pretoria headquarters. [Applause.]
Mof D M MOROBI: Modulasetulo, Letona le hlomphehang le ditho tse hlomphehang, ke mona ho tla hlahisa sehlooho sa taba, e leng tlhekefetso ya bana ka motabo kapa thobalano. Ya bobedi ke tlhekefetso ya malapeng.
Re bona bohlola bo aparetseng naha. Ke mohlolo, ho ya ka setso sa botho, ho sa kgathaletsehe hore mmala ke o jwang. Ha ho so ka ho eba le mokgwa wa hore motho wa ntate kapa mme a hlobole a hlahise ditho tsa mmele wa hae tse patehileng pela ngwana.
Ke bua ka motabo. Lebitso lena la motabo le bona bana bana ba hlekefetswang ha ba le tsebe. Bana ba iphumana ba le maemong ao ba sitwang ho a hlalosa. Ke tla fana ka mohlala. Bekeng tse pedi tse fetileng ngwana wa ngwananyana o ile a elellwa a se a lemetse hore o hlekefetswa ka motabo, mmoho le metswalle ya hae. Ngwana enwa o na le dilemo tse tsheletseng.
Ha ke botsa enwa ngwana hore ho etsahetse jwang, o re ha ba fihla sebakeng sa ketsahalo e etsahetseng, ho thwe ba behe dibuka tsa bona tafoleng, ebe bontate ba hlaha ka diphaposing tsa boroko mme ba ba kwahele ka masela hloohong, ba ba hlobodise ebe ba robala hodima bona. Ke puo ya ngwana wa dilemo tse tsheletseng, ya ho re bontate ba robala hodima bona, hobane ha a tsebe ho e hlalosa. Bana ba re ba lle hobane sena seo ba se etswang se bohloko. Ha banna bana ba se ba kgotsofetse ba re bana ba apare ba tsamaye ba ye mahae.
Kannete ena taba e batla thapelo. Ke rata ho phepetsa badumedi kaofela ka hara naha le ka hara Ntlo ena ya Puso, hore ba rapele hobane badumedi kaofela ba tseba hore Modimo ha o hlolwe ke letho.
Ke ka maswabi hore ebe Moruti Meshwe o a itebala hore ke modumedi. Ka bodumedi ba rona, nna le yena, ho thwe ``everything we do to the glory of God’’. Empa ke swaba haholo ha a ema mona a tlatsa-tlatsa matsoho, a se a lebetse hore ke ngwana wa Modimo. (Translation of Sotho paragraphs follows.)
[Mrs D M MOROBI: Chairperson, hon Minister and hon members, I am here to introduce a topic regarding sexual child abuse. The second topic will focus on domestic violence.
We realise that adultery is spreading widely. Traditionally, this is miraculous, irrespective of a person’s colour. It never happened that an adult, either male or female, could strip off and show a child his or her private parts. I am talking about sex. The children who are being abused don’t even know this thing called sex. They find themselves faced with a situation they cannot even explain. Let me give an example: Two weeks ago, a little girl realised, after sustaining an injury, that she and her friends were being sexually abused. This child is six years old. When I asked the girl what had happened, she told me that when they reached the place at which they were raped they were told to put their books on the table. Men would emerge from the bedrooms with their heads covered with cloths. These men would then strip them naked and sleep on top of their little bodies. That is how a little six-year-old child speaks when trying to explain her predicament. She will say the men are sleeping on their bodies, because they are unable to explain. When satisfied, these men would instruct the children to put on their clothes and go home.
We really need to pray hard in order to overcome this problem. I would like to challenge everybody in this country who believes in God, even here in this House of government, to pray hard because all of them know very well that God presides over everything. And I am disappointed to realise that Rev Meshoe is forgetting that he is a religious figure. According to our religion, mine and his, ``everything we do, we do to the glory of God’’. But I am very disappointed to see him standing here, behaving as though he has forgotten that he is a child of God.]
I wonder whether these rapists are animals. Children are raped by family friends, neighbours and relatives. They deserve to be respected and treated with dignity. They have the right to be heard, loved, protected from harm and to have a safe, comfortable and happy home. I am calling upon all rapists not to lose touch with reality and to stop behaving like animals.
We cannot compromise our integrity by succumbing to the saying that ``we are a society born out of deprivation, neglect, deep poverty and unemployment’’. This statement does not justify animal-like behaviour. It is alleged that the sexual abuse of children emanates from poverty and unemployment, and the myth that having sex with a child is a cure for HIV/Aids also contributes. That cannot be condoned.
HIV/Aids is a serious health problem which is compounded by ignorance and unfair discrimination against persons living with HIV/Aids. It has been perpetuated by the practice of pre-employment testing, denial of employees’ benefits and dismissal for being HIV-positive. We are aware that it affects every workplace. That is why the SA Police Service has made a commitment to promote equal and fair treatment of their employees, infected or affected. The purpose of doing this is, amongst others, to create a safe working environment and to give a support system to those who are infected or affected.
There are programmes which were put in place for members of SAPS to be advised or informed on how to live a safer lifestyle; how not to be exposed to infections; how to do voluntary testing, if need be; and how to take extra precautions to curb infections. This policy is applicable to all employees appointed in terms of the South African Police Service Act, Act 68 of 1995, and the Public Service Act, Act 103 of 1994.
The aim of the Department of Safety and Security is to prevent, combat and investigate crime and protect the inhabitants of South Africa. Although it is evident that the SAPS is successful in reducing the levels of crime in certain areas - during the public hearings on the sexual abuse of children most presenters mentioned the fact that they appreciated the department’s efforts to curb this horrific and barbaric behaviour - it is not enough.
Some recommended that the SAPS should be efficiently trained to manage issues of sexual abuse, that there should be a uniform approach and procedures for investigating at all police stations nationally, and that there should be legislation that prohibits the trafficking of people. There are programmes put in place by the Department of Safety and Security to prevent and eliminate sexual abuse, for proper investigations and for victim and witness support. There are also external programmes initiated by CPFs and NGOs.
The Domestic Violence Act was put in place to afford the victims of domestic violence the highest level of protection from domestic abusers and also to enforce, provide and introduce measures to ensure protection and to prove that the state is committed to eliminating domestic violence.
Tlhekefetso ena ya malapeng e habedi, le hoja bongata ba batho ba hlekefetswang e le bomme … [Although people who are frequently harassed are women, domestic violence is twofold …]
… for the simple reason that they have been denied access to their own rights as persons or human beings for a long time, hence their dependence on their male partners. Most women are still coming to terms with the transformation that is brought by the ANC-led Government.
There are different types of abuses. There is physical, economical, verbal, passive and emotional abuse, and a whole range of other abuses, up to the level of sexual abuse. Some people are raped by their husbands, friends, etc. Others are punished by their partners by denying them conjugal rights.
Focus on crime against women is high on the agenda. There are 25 000 officials who are trained on the Domestic Violence Act. The police are also concerned by family violence, regarding which 1 021 cases of sexual offences have been finalised and will be submitted to the Cabinet.
An amount of R7 400 210 is allocated to visible policing and includes a multidisciplinary initiative to combat crime against women. A further amount of R946 289 is allocated for specialised and visible policing to cater for victims’ support and to reduce the levels of violent crimes. The total amount is R8 346 785. This increase to the Vote marks a milestone in the transformation of the SAPS. This will increase police visibility and allow the workload to be handled more effectively.
I urge every citizen of South Africa, not excluding members of the opposition parties, as well as Moruti Meshoe, to put their trust and effort into the victories, because victories are there. They should be part of the process and not lose hope, because a hopeless nation does not value its achievement.
Re tshwanela ho tshwarisama mmoho, ho lwantsha kgodumodumo ena. [We have to hang on together, to fight this ogre.]
The Nepad health document states:
This partnership will require patience. Change will not happen overnight. We need to work in unison. Like a bicycle, it has a number of parts and has to be well oiled to move forward. Take away the wheels and the chain, and you are stuck. Without the handles, you lose direction, and without a rider, you will crash.
There is a solution. People should be part of the process. We are still on track. The ANC supports the Budget Vote. [Applause.]
Mr P J GROENEWALD: Chairperson, firstly, I want to respond to the opening remarks of our hon Minister about the fact that there are so few members of the ANC present in the Chamber this afternoon. I want to say to the hon the Minister that that shows what the interest and the seriousness of the ANC is regarding the Police Service and crime, because if it were important to them, they would have been here for this important debate on this Budget Vote.
Verlede maand by die Nasionale Persklub in Pretoria het die agb Minister die volgende gesê:
Dit is loutere onsin dat hier meer misdaad is as in lande soos Engeland en Frankryk.
Of ek en die agb Minister woon nie in dieselfde land nie, òf ons moet hom verskoon omdat hy ‘n nuut aangestelde Minister is, want volgens die SA Instituut oor Rasse-aangeleenthede se 2001-02 ondersoek is die syfer vir moord in Suid-Afrika 55,3 per 100 000, terwyl dit in Frankryk 3,41 per 100 000 is. Met ander woorde, Suid-Afrika se moordsyfer is 15 keer meer as dié van Frankryk.
Ten opsigte van verkragting is Suid-Afrika se syfer 119 per 100 000 en Frankryk s’n is 13,6 per 100 000. In geval van roof het Suid-Afrika 225,7 per 100 000 en Frankryk 162,25 per 100 000. Ek kan verstaan as die agb Minister sê dit is loutere onsin, want hy word daagliks omring deur lyfwagte wat sorg dat hy beskerm en beveilig word, maar dit is nie die geval met die gewone burger op straat nie. [Tussenwerpsels.]
Die agb Minister maak die uitspraak:
As iemand steel omdat hy honger is, moet dit geklassifiseer word as ‘n noodmisdaad.
Dit is ‘n uiters gevaarlike stelling. [Tussenwerpsels.] Die agb Minister skep die indruk dat daar versagtende omstandighede is as diefstal plaasvind.
Baie diefstal gaan gepaard met moord, want as ons net gaan kyk na plaasmoorde en die uitsprake van die ANC-regering, dan word daar elke keer gesê dat dit gewone misdaad is en gewone diefstal en omdat die boer en sy vrou op hulle afgekom het, is hulle vermoor. Met ander woorde, diefstal lei ook tot moord. Die Minister voorkom nie misdaad nie, maar deur sulke uitlatings moedig hy dit aan.
Wanneer dit kom by plaasaanvalle en moorde, het ons al verlede jaar by sy voorganger gehoor van die beloftes wat hy aan die boere gemaak het. Hy het gesê daar gaan 30 000 nuwe reserviste aangestel word vir die polisie, om te kyk of daar ‘n reservis op elke plaas kan wees. Die agb Minister het toe gesê:
Ons het die begroting. Benewens opleiding sal die reserviste vuurwapens en uniforms kry.
Die geld is dus daar. Ons wil weet van die agb Minister: Waar is die reserviste wat binne ‘n jaar op die plase sou wees? Die geld is daar. Ek het aan die agb Minister ‘n vraag oor plaasmoorde gevra. Op 15 Mei het hy my soos volg geantwoord:
Die kommissie van ondersoek na die oorsake van die plaasmoorde is reeds afgehandel.
Maak dit vir ons bekend. Maak dit vir die openbare publiek bekend wat die oorsake en die motiewe vir plaasmoorde is. Baie landbou-organisasies stel veiligheidsplanne beskikbaar om ook in werking gestel te word, na aanleiding van hierdie bevindings van die kommissie. Maak dit bekend, dan weet ons wat om te doen. [Tussenwerpsels.]
Wat betref die mannekrag van die SAPD, wil ek sommer heel bo begin. In ‘n berig in die Beeld van 23 Maart 2002 skryf Christo van der Westhuizen die volgende:
Polisiehoof Selebi se dae glo getel.
Die dae van kommissaris Jackie Selebi, polisiehoof, is glo getel. Daar is glo ongelukkigheid oor sy herhaaldelike verklarings dat die Wet op Huishoudelike Geweld nie toegepas kan word nie. Volgens ons inligting word dit oorweeg om Selebi se kontrak oor sowat 5 maande nie te hernieu nie.
Ek wil die agb Minister iets vra. Hy skuld dit aan Suid-Afrika, as hy netnou antwoord, om te sê of hy die kommissaris se kontrak gaan hernieu vir die volgende vyf jaar of nie.
Daar kan baie kritiek wees teen die kommissaris en dit is ook ‘n kommissaris wat opkom vir sy lede, veral as dit gaan oor artikel 49 van die Strafproseswet. Ons het gaan kyk na die uitspraak van die Konstitusionele Hof en regter Kriegler se uitspraak daaroor. Ek wil vandag vir die Minister sê dat daar van lede van die SAPD verwag word om ‘n supermens te wees, want in breukdele van sekondes moet sulke lede ‘n oordeel vel: Mag ek of mag ek nie myself verdedig nie?
In my dorp, Stilfontein, is ‘n polisieman doodgeskiet met sy eie wapen omdat hy gehuiwer het en nie seker was of hy mag skiet nie. Ek sal graag by die agb Minister wil hoor watter opleiding daar, spesifiek wat hierdie aspek betref, vir die lede van die SAPD gegee word.
Sover dit ons Polisiediens betref, moet die Minister begin verbykyk by regstellende aksie. Haal die politiek uit die Polisiediens en maak bevorderings prestasiegeoriënteerd. As ‘n bepaalde lid of ‘n bevelvoerder vir prestasie gelewer by sy stasie bevordering kry, sal die Minister kwaliteitmense kry wat misdaad behoorlik kan bekamp en dan sal ons ‘n beter Suid-Afrika hê. [Tyd verstreke.]
Mnr D V BLOEM: Pieter, wat weet jy van regstellende aksie?
Mnr P J GROENEWALD: Jy weet niks! Ek weet baie meer as jy! (Translation of Afrikaans paragraphs follows.)
[Last month, at the National Press Club in Pretoria, the hon the Minister said the following:
Dit is loutere onsin dat hier meer misdaad is as in lande soos Engeland en Frankryk.
Either the hon the Minister and I do not live in the same country, or we have to excuse him for being a newly appointed Minister, because according to the 2001-02 investigation by the SA Institute of Race Relations the figure for murder in South Africa is 55,3 per 100 000, whereas in France it is 3,41 per 100 000. In other words, South Africa’s murder rate is 15 times that of France!
With regard to rape, South Africa’s figure is 119 per 100 000, while that of France is 13,6 per 100 000. As regards robbery, South Africa has 225,7 per 100 000 and France 162,25 per 100 000. I can understand that the hon the Minister says it is pure nonsense, because every day he is surrounded by bodyguards who see to it that he is safe and secure, but that is not the case with the ordinary citizen out on the street. [Interjections.]
The hon the Minister states:
As iemand steel omdat hy honger is, moet dit geklassifiseer word as ‘n noodmisdaad.
This is an extremely dangerous statement. [Interjections.] The hon the Minister is creating the impression that there are extenuating circumstances when theft takes place. A lot of theft takes place accompanied by murder, because if we just look at farm murders and the statements by the ANC Government, then one always hears that it was a normal crime and normal theft, and that because the farmer and his wife came upon them, they were murdered. In other words, theft also leads to murder. The Minister is not preventing crime, but through such statements he is encouraging it.
As regards farm attacks and murders, last year already we heard from his predecessor about the promises that he made to the farmers. He said that 30 000 new reservists were going to be appointed to the police, in order to see if there could be a reservist on every farm. The hon the Minister then said:
Ons het die begroting. Benewens opleiding sal die reserviste vuurwapens en uniforms kry. So the funds are there. We want to know from the hon the Minister: Where are the reservists who were going to be on the farms within a year? The money is there. I asked the hon the Minister a question about farm murders and on 15 May he answered me as follows:
Die Kommissie van ondersoek na die oorsake van die plaasmoorde is reeds afgehandel.
Publish it for us. Tell the general public just what the causes of and motives for farm murders are. Many agricultural organisations can provide security plans, which can also be implemented arising from these findings of the commission. Announce it, then we will know what to do. [Interjections.]
As regards SAPS manpower, I would just like to start from the top. In a report in the Beeld of 23 March 2002, Christo van der Westhuizen writes as follows:
Polisiehoof Selebise dae glo getel. Die dae van Kommissaris Jackie Selebi, polisiehoof, is glo getel. Daar is glo ongelukkigheid oor sy herhaarldelike verklarings dat die wet op huihoudelike geweld nie toegepas kan word nie. Volgens ons inligting word dit oorweeg om Selebi se kontrak oor sowat 5 maande nie te hernieu nie.
I want to ask the hon the Minister something. He owes it to South Africa, when he replies in a moment, to tell us whether he is going to renew the Commissioner’s contract or not.
There may be a lot of criticism against the Commissioner, and he is also someone to stand up for his members, especially when it concerns section 49 of the Criminal Procedure Act. We took a look at the ruling by the Constitutional Court and Judge Kriegler’s pronouncement on the matter. I can tell the Minister today that members of the SAPS are expected to be superhuman, because in a fraction of a second they have to decide: May I or may I not defend myself?
In my town, Stilfontein, a policeman was shot dead with his own weapon, because he hesitated and was not sure if he was allowed to shoot. I would like to know from the hon the Minister what training SAPS members are receiving, specifically with regard to this aspect.
As far as our Police Service is concerned, the Minister should start to look past affirmative action. Take politics out of the Police Service and make promotions performance orientated. If a certain member or officer in charge is promoted for his performance at his station, the Minister will have people of quality who can combat crime properly and then we will have a better South Africa. [Time expired.]
Mr D V BLOEM: Pieter, what do you know about affirmative action?
Mr P J GROENEWALD: You know nothing! I know more than you do!]
Dr S E M PHEKO: Mr Chairperson, first of all I want to pay tribute to members of the SAPS. By all standards our police continue to do magnificent work in our country, which is crime-infested and needs an imaginative government determined to crush crime, instead of making cheap propaganda against those who have long proposed more drastic steps against crime.
In the face of great difficulty the SAPS has penetrated dangerous syndicates and crushed many of them. The PAC acknowledges the good work by the ICD for the public. The Ministry has been allocated an adequate budget. Police stations must be provided with enough vehicles. They must have working telephones, especially in the rural areas and in the African townships.
Our police must be well paid. The Ministry of Safety and Security must create conditions which make our police feel they are an important arm of this nation. Good police must find a permanent career in the SAPS, instead of being forced to resign and seek greener pastures elsewhere. MPs must refrain from criticising the National Commissioner of police and his colleagues in public when criticism is called for.
Those who compare crime in this country to other countries do not help our country. Their comparisons sound like the practice of the former apartheid leaders. When Africans complained about apartheid and colonial laws which oppressed them there, the apartheid rulers used to boast that they were natives or Bantus, who were better off here than the Africans in the rest of Africa.
The people of this country do not care what murderers and rapists do elsewhere and how many there are. Our people want crime stopped here. Full stop! [Applause.]
The Labour Party in Britain is learning that the hard way. While its Prime Minister Blair was fiddling in the affairs of Zimbabwe, fighting President Mugabe over the land of his ancestors, crime increased in the streets of London. The voters therefore have not compared crime in their country to that in other countries. They have sharply switched to a party that they think would stop crime. Consequently, the Labour Party has lost 4% of its voters and Blair has to work hard to crush crime or be thrown out of the government.
Crime is abnormal in a civilised society. Everything must be done in our country to eliminate crime. There is no country that can advance economically and for the benefit of its citizens when there is rampant crime. The PAC finds the budget allocation adequate and will vote for it. We also wish the Minister all success in his new position. [Applause.]
Miss S RAJBALLY: Mr Chairperson, Minister, safety and security in South Africa have been extensively pressurised by the high crime rate throughout the country. However, the MF is glad to note that the role-players have extended their consent to combat and demolish crime completely. Business, government, NGOs, policing anticrime forums, night watches and the public at large are extensively in collaboration to stamp out crime. We see gang-infested communities forming units to stop gang activities and force illegal activities out of their areas. At school we see the adoption of programmes and activities to educate our youth on the wrongs of committing crime. The price payable is the punishment, and there are ways to become better people with better values and which are not to the detriment of the community.
The MF, once again, would like to express how pleased it is to see the unanimous interest in combating crime throughout South Africa. The safety of our society is the responsibility of all citizens of South Africa.
The MF would also like to grieve the loss of the hon the Minister Tshwete, but is confident of the new Minister’s ability to carry out the responsibilities of the department efficiently and effectively. He has our support.
In view of the department’s budget and its aim to prevent, combat and investigate crime, maintain public order, protect and secure the inhabitants of South Africa and their property and uphold and enforce the law, it is felt that the budget is never adequate. Specific concentration and funding needs to be made available in connection with the resources available at police stations, such as vans. At one police station only two vans were serviceable. Similar problems were noted at other police stations. It is not acceptable that large numbers of call-ins and reports as a result of no vans being available lead to reports often being addressed hours later. This could result in death and more.
The seriousness of this situation is enormous and communities are at risk. At the same time we find our SAPS constantly being criticised for its inability to address community needs more efficiently, but it needs to be noted that effectiveness is minimised by the unavailability of resources. The MF supports this Budget Vote.
Mnr C AUCAMP: Mnr die Voorsitter, vergun my om te begin met ‘n persoonlike ervaring van ‘n besoek aan ‘n polisiestasie. Sowat ‘n maand gelede moes ek ‘n fotostaat van my ID by die polisiestasie in Pretoria laat bekragtig. ‘n Netjiese nuwe polisiestasie, en met vriendelike diens agter die toonbank. Voor die toonbank het ses lede van die publiek gestaan. Vier beamptes - almal in uniform - het ons bedien.
Kliënt 1 het die verlies van ‘n selfoon gerapporteer. Die assuransiemaatskappy vereis ‘n dossiernommer voor hulle uitbetaal. Kliënt 2 het haar kar teen ‘n paal gestamp en ‘n 16-bladsye ongelukverslag word ingevul - ook vir die versekering. Ek en andere moes dokumente laat bekragtig. ‘n Ander moes ‘n dokument laat beëdig. Die laaste moes ‘n uitklaring kry op ‘n voertuig. Die finansiëringsbank het dit vereis.
Wat beteken dit? Vier mense in uniform staan die hele dag agter die toonbank. In werklikheid is hulle ``glorified klerke’’ wat die werk doen vir versekeringsmaatskappye en ander instansies, en buite baljaar die misdadigers. Dit kan nie so aangaan nie. Daardie vier vriendelike uniformmense se bydrae tot veiligheid daardie dag is zero. Die AEB versoek die Minister om dringend die aanstelling van siviele persone in die polisiediens te implementeer. Goedopgeleide lede van die mag is nie daar om as klerke diens te doen nie. Dit is nie die plig van die staat om te dans op die maat van die musiek van besighede soos assuransiemaatskappye nie. Daar moet dringend met hulle onderhandel word om hierdie tipe diens te privatiseer of minstens te laat vereenvoudig. Duisende lêers word oopgemaak, net om ‘n dossiernommer op die eisvorm te kan plaas en niks verder nie.
Die pleidooi van die AEB is eenvoudig: Sigbare polisiëring - ``bobby on the beat’’. Wend ons goedopgeleide lede aan teen misdaad elke oomblik van die dag. (Translation of Afrikaans paragraphs follows.)
[Mr C AUCAMP: Mr Chairman, allow me to start with my personal experience of a visit to a police station. About a month ago I had to have a photocopy of my ID ratified at the police station in Pretoria. It is a neat new police station with friendly service behind the counter. In front of the counter stood six members of the public. Four officers - all in uniform - assisted us.
Client 1 reported the loss of a cellphone. The insurance company required a case number before paying out. Client 2 bumped her car against a pole and a 16-page accident report was completed - also for insurance purposes. Others and I had to have documents ratified. Another had a document that needed to be signed. The latter had to obtain vehicle clearance. The financing bank required it.
What does this mean? Four people in uniform stood behind the counter the whole day. In reality they are glorified clerks doing the work for insurance companies and other institutions, while the criminals frolic outside. This cannot continue. The contribution of those four friendly people in uniform to safety that day was zero. The AEB requests the Minister urgently to introduce the appointment of civil persons to the police service. Well-trained members of the service are not there to work as clerks. It is not the duty of the state to dance to the tune of businesses such as insurance companies. Urgent negotiations with them should take place to privatise this type of service or at least to simplify it. Thousands of files are opened only to put a case number on a claim form and nothing else.
The plea of the AEB is simple: Visible policing - bobby on the beat. Use our well-trained members against crime every moment of the day.]
We know that the hon the Minister’s seat is a hot one. The responsibility for safety and security in a country like South Africa is not an easy task. We wish him all the best in performing his duties. The AEB has to point a finger at three indicators of perhaps not so good a start: the Minister’s views on crime statistics; his statement about a sympathetic approach to crime that is allegedly caused by poverty; and maybe a preoccupation with the transformation of the SAPS.
Die Minister se stelling dat misdaadstatistiek onder die kombers gehou moet word, en net een keer per jaar, indien nodig, bekendgestel word, omdat dit mense negatief instel, gaan nie op nie. Dit beloof niks goeds vir ‘n sistematiese en volhoubare aanslag teen misdaad nie. Statistiek gee die ware feite van wat op grondvlak aangaan en is ‘n onmisbare vertrekpunt vir enige grondige aanslag teen misdaad.
‘n Minister van veiligheid en sekuriteit wat volstruispolitiek toepas, en die werklikheid van harde syfers wil ontken, sal nie daarin slaag om die misdaadgeteisterde werklikheid op grondvlak effektief aan te spreek nie. Dit is nie net die statistiese gegewens wat mense negatief maak nie. Dit is die ervaring. Dit is ‘n vriend, ‘n kind of ‘n familielid wat aangerand, verkrag of vermoor word.
Net so verontrustend is klaarblyklike simpatie wat die Minister uitspreek met misdaad wat dalk uit armoede uit gebore is. Die AEB stem saam dat ‘n verhoging in lewenstandaard en veral werkskepping misdaad sal laat afneem, maar dit is nie ‘n versagting vir die pleeg van misdaad nie. As in aanmerking geneem word dat ‘n groot persentasie van misdaad in Suid-Afrika met die uiterste vorm van geweld gepaard gaan, klink die stelling nie heeltemal waar nie. Van die Minister word verwag om misdaad ongekwalifiseerd te veroordeel en nie om verskonings vir misdadigers uit te dink nie.
Op hierdie wyse stuur ‘n mens ‘n aanloklike sein uit vir voornemende misdadigers.
Die Minister het hierdie week aan die portefeulje komitee gesê dat dit noodsaaklik is vir die morele eenheid in die polisie dat die diens die demografiese samestelling van Suid-Afrika weerspieël, en dat transformasie dus een van die diens se prioriteite is. Die Minister het gemeld dat swart personeel reeds 76% van die mag uitmaak, maar hy wil die weerspieëling van die bevolkingsamestelling op elke posvlak forseer.
Die persentasie swartes op topbestuursvlak is 44%, teenoor die 11% van 1995; en op junior vlak is dit 46%, teenoor die 14% van sewe jaar gelede. Die Minister wil nou ten alle koste die transformasie op middelbestuursvlak ook afdwing. Dit veroorsaak ‘n probleem, want dit beteken in effek: geen bevordering vir wit polisiebeamptes op juniorbestuursvlak nie, want daar is ‘n plafon. Dit frustreer ‘n belangrike deel van die mag, en dit lei tot frustrasie en tot ‘n uitvloei van kundigheid en ervaring. Intussen lag die misdadigers. Terwyl die Minister transformeer, is hulle besig om te triomfeer.
Suid-Afrika se eerste prioriteit is nie ‘n getransformeerde polisiemag nie, maar ‘n gedetermineerde, effektiewe polisiemag. ‘n Mens kan nie met jou tweede span teen misdadigers op die veld draf nie, of moet ons ten opsigte van ons veiligheidsdienste ook bereid wees om vir drie jaar te verloor, soos wat President Mbeki van ons sportspanne gesê het, ter wille van transformasie?
Misdaadsindikate is nie bekommerd oor transformasie nie. Hulle span hulle volle potensiaal in. Meriete, en meriete alleen moet die maatstaf wees vir aanstellings en bevorderings in die polisiemag, anders voer ons ‘n verlore stryd. Die publiek gee nie om watter kleur die polisiebeampte is wat hulle beveilig nie, maar wel wat die getal suksesvolle arrestasies en skuldigbevindings op sy rekord is.
Daar het nog nie veel gekom van die beloftes oor die totale aanslag teen plaasmoorde nie. Die Minister het tot nou toe daaroor geswyg. Kan die Minister aan hierdie Huis verslag lewer oor die addisionele ontplooiing van personeel in landelike gebiede, die werwing van reserviste en die pro- aktiewe ontmagtiging van plaasmoordsindikate deur verskerpte intelligensie optrede? (Translation of Afrikaans paragraphs follows.)
[The Minister’s statement that crime statistics should be kept under wraps and only be published once a year, if necessary, because it affects people negatively, is unacceptable. This does not in the least augur well for a systematic and sustainable onslaught on crime. Statistics give one the true facts of what is happening at grassroots level and are an undeniable point of departure for any thorough onslaught against crime.
A Minister of safety and security who plays ostrich politics, and wants to deny the reality of true figures, will not succeed in effectively dealing with the crime-riddled reality at grassroots level. It is not just statistics that inspire people negatively. It is the experience. It is a friend, a child or a member of the family who is assaulted, raped or murdered.
Similarly disconcerting is the apparent sympathy of the Minister with crime that could perhaps be attributed to poverty. The AEB agrees that an increase in the standard of living and, job creation in particular, will cause crime to decline, but this is no mitigation in committing a crime. If one takes into consideration that a major percentage of crime in South Africa is associated with extreme violence, then that statement does not ring entirely true. The Minister is expected to condemn crime without conditions and not to think of excuses for criminals. In this manner one sends an attractive signal to prospective criminals.
The Minister told the portfolio committee this week that it was essential for the moral unity in the police that the service reflected the demographic composition of South Africa, and that transformation was therefore one of the priorities of the service. The Minister mentioned that 75% of the service already comprised black staff, but he wanted to force the reflection of the composition of the population at the level of each post.
The percentage of blacks at the top management level is 44%, as opposed to 11% in 1995; and at the junior level it is 46%, as opposed to 14% seven years ago. The Minister wants to enforce transformation at middle management level at all costs. This causes a problem, because it actually means: No promotion for white police officers at the junior management level, as there is a ceiling. This frustrates an important part of the service, and causes frustration and a drainage of expertise and experience. In the meanwhile the criminals are laughing. While the Minister is transforming, they are triumphing.
South Africa’s first priority is not a transformed police service, but a determined, effective police service. One cannot take to the field against criminals with one’s second team, or should we also be prepared to lose for three years, as President Mbeki said with regard to our sports teams, for the sake of transformation as far as our security services are concerned?
Crime syndicates are not concerned about transformation. They use their full potential. Merit, and merit alone, must be the yardstick for appointments and promotions in the police service, or we are engaged in a lost struggle. The public does not care what colour the police officer is who ensures their safety, but they do care about the number of successful arrests and convictions on his record.
Not much has come of the promises concerning the total onslaught against farm murders. The Minister has as yet been silent about it. Could the Minister report to this House with regard to the additional deployment of staff in rural areas, recruitment of reservists and proactive disempowerment of farm murder syndicates by means of intensified intelligence action?]
I conclude by saying that the AEB calls on the hon the Minister to forget all the sideshows and political agendas, leave ideology behind and do the job in the most effective manner possible. Secondly, he should get the criminals behind bars and make it hard, if not impossible, for them to embark on new adventures, and then we will fully support him.
Mme M A MOLEBATSI: Modulasetilo, Tona, le maloko a a tlotlegang a Ntlo e, malatsi a le mabedi pele ga phitlho ya ga moswi rre Steve Tshwete mo puisanong le ba ga SABC kwa Mabopane, ke ne ka bodiwa gore: Ke mang yo o tlaa tsayang maemo a ga moswi? Fa ke araba ke ne ka re, fa nako ya go tlhopha motho yoo e fitlha, o tlaa nna teng yo o tlaa lekanang ditlhako tse dikgolo tsa ga rre Steve Tshwete.
Gompieno ke motlotlo go ema fano ke ipowa kgatsu ke re, ke nnete gore rre Tona Charles Nqakula o lekana ditlhako tseo. Ra re a tswelele pele. Re a mmona. Re a mo utlwa. Tona Nqakula o setse a itshupile tota mo dibekenyaneng tse di mmalwa. [Legofi.] (Translation of Tswana paragraphs follows.)
[Ms M A MOLEBATSI: Chairperson, the Minister, and the hon members of this House, two days before the burial of Mr Steve Tshwete in an interview with the SABC in Mabopane, I was asked about who should take the position of the deceased? In answering I said, when the time to choose that person arrives, he or she will be there to fit the big shoes of Mr Steve Tshwete.
Today I am honoured to stand here and say it again that it is true that Minister Charles Nqakula fit those shoes. We say that he should continue. We see him. We hear him. Minister Nqakula has already proved himself in the last few weeks. [Applause.]]
This presentation is going to look at the private security industry and the municipal police within the context of the safety and security field. Prior to the creation of the first modern police force in London in 1929, private security was a common form of policing and social control. This changed with the advent of industrialisation and urbanisation, and the growth of the modern state. By the 1960s public police had monopolised control over security and crime prevention in virtually all countries.
In the early 1970s the private security industry began to re-emerge and expanded rapidly over the following two decades. By the end of the 1980s private security had become a lucrative business, with many corporations relying more on contracted-out or in-house security than on the police for protection.
The South African private security industry has a number of unique features because of the political context in which the industry developed. In Europe and the United States the security industry’s expansion in the 1970s and early 1980s occurred without any real input or assistance from the state. This was not the case in South Africa.
In the late 1970s and throughout the 1980s the former members of the SA Police withdrew from many policing duties to concentrate on maintaining political control. The government encouraged the private security industry to fill the gap left by the police’s shifted priorities.
The government also assisted the industry by providing mechanisms with which the industry could link up, formally and informally, with the state security apparatus. At the formal level the state used private security companies to guard strategic installations.
In 1980 the National Key Points Act was passed. The Act granted greater powers to private security guards who were tasked with guarding strategic installations, including full powers of arrest, search and seizure. In 1992 the then Commissioner of Police, Gen Johan van der Merwe, considered the creation of a permanent secretariat consisting of the SA Police and private security industry representatives.
During the 1990s large monopolies developed within the private security industry. It also became one of the fastest growing industries in the country, with almost 5 000 security businesses, a workforce of 200 000 employees and an estimated turnover of R12 billion a year.
Simultaneously, many small, fly-by-night type of security companies that provided cheap, substandard service joined the industry, thereby tarnishing the image and reputation of the industry as a whole. It was believed that through proper legislation, the likelihood of misconduct by members of the security industry violating or threatening the public interest could be lowered significantly.
With the passing of the Security Officers Amendment Act of 1996, Parliament expressed a clear intent that regulatory reform of the private security industry was necessary. It was clear that the existing Act had become outdated, especially with the change in the nature of the industry.
There were also concerns that the industry possibly contained many elements that had the potential to engage in abuses. Given the nature of activities conducted by some members of the industry, not to mention the implications of such abuse for the security of the state, the need for the regulation of the security industry was universally accepted by the majority of the stakeholders, not only within the industry but also in the public sector. A question arose as to the appropriate or suitable vehicle for such regulation.
Die nodigheid vir die regulering van die sekuriteitsbedryf is deur almal aanvaar, nie net deur die sekerheidsbedryf nie, maar ook deur die wye publiek. Die vraag is nou watter liggaam toepaslik is om hierdie regulasies te bestuur of toe te pas. (Translation of Afrikaans paragraph follows.)
[The need to regulate the security industry has been accepted by everyone, not only by the security industry itself, but also by the public at large. The question now remains which body would be appropriate to manage or enforce such regulations.]
The new Private Security Industry Regulation Act of 2001 makes provision for the establishment of the Private Security Industry Regulatory Authority, replacing the existing Security Officers Interim Board. Thus, the envisaged regulatory authority will, henceforth, become the vehicle for such regulation.
The objective of regulating the industry is to ensure, first, the protection of public interest and the interest of the state; Second that a proper, quality service is rendered to the consumer; third, the protection of the rights of employee security officers; fourth, the promotion and protection of the status of the occupation of security officer; fifth, the collection of accurate information on security officers and the security industry in general; and, sixth, a better life for all.
The Act also covered other security services, such as in-house security, car-watchers, electronic security and private intelligence, provided they were registered. Properly regulated private security companies will enhance and strengthen the capacity of the security sector and ensure protection of property and persons without endangering public safety in a country where crime has become a lucrative enterprise.
The term ``municipal police’’ still has negative connotations for many South Africans, given that it was first used to describe the poorly trained and often violent policemen deployed in townships by the apartheid government in the 1980s. Other than their name, these policemen had nothing in common with today’s municipal police.
The municipal police, amounting to 14 000 by the late 1980s, were used primarily to guard government installations in townships. They often gained a reputation for excessive and inappropriate use of violence, often arising from drunken behaviour, ill-discipline and personal vendettas. Although the country’s final Constitution indicates that the security services of the country would include only a single police service, thus, by definition, excluding a multiplicity of police services, a later clause states that national legislation must provide a framework for the establishment, powers, functions and control of municipal police services. Chapter 12 of the South African Police Service Act makes provision for the establishment of municipal and metropolitan police services.
I now come to challenges. They are, first, to clarify the role and mandate of the municipal police in relation to crime prevention and co-ordination within the Police Service; second, balancing enforcement and crime prevention activities; third transforming the organisational culture from specialised enforcement to more general community policing approaches; fourth, meeting public expectations; fifth, maintaining standards; sixth, defining the conditions of service for municipal police officers; and, seventh, the effective enforcement of by-laws. Before I conclude, let me invite the hon Groenewald to come to the portfolio committee …
Mr P J GROENEWALD: If you invite me, I will.
Ms M A MOLEBATSI: … so that the next time he stands here he speaks from an informed position.
Mr P J GROENEWALD: Go tell that to your chairperson.
Mme M A MOLEBATSI: Modulasetilo, go fokotsa bosenyi ka kakaretso mo nageng ke gore re reye moswi Tona Steve Tshwete re re: ``Robala sentle!’’ e e di gaisang tshotlhe. Kwa bokhutlhong ANC e amogela tekanyetsokabo e. [Legofi.] (Translation of Tswana paragraph follows.)
[Ms M A MOLEBATSI: Chairperson, to reduce crime in general in our country is to say to the late Minister Steve Tshwete: ``Rest in peace!’’ that is better than the rest. In conclusion the ANC accepts this budget. [Applause.]]
Mnr E T FERREIRA: Mnr die Voorsitter, die IVP wil sy waardering uitspreek vir die erns waarmee die Regering die afgelope jaar of twee hierdie departement benader. Ons is baie trots op die duidelike verbetering wat daar te bespeur is by die SA Polisiediens. Dit sal eenvoudig oneerlik wees om anders te beweer. In die middel tot laat 1990s was ons Polisiediens se toekoms duister. Misdaad het eenvoudig net toegeneem, en dit het geensins gelyk of die polisie hond haarafmaak nie. Die moraal was laag, en die afwesigheidsyfer was ‘n allemintige 30%.
Die ministerie en die polisietopbestuur moet baie krediet gegee word vir die wyse waarop hulle dinge omgeswaai het. Misdaadstatistieke het die afgelope tyd gestabiliseer, en in party gevalle selfs gedaal. Daarmee probeer ons nie sê dat misdaad onder beheer is nie, alles behalwe. Dit het gestabiliseer op heeltemal onaanvaarbaar hoë vlakke. Die styging is egter gestuit, en dit wil voorkom asof ons die draaipunt bereik het. Die IVP is vol vertroue dat ons binne die volgende paar jaar ‘n afname in misdaad kan sien. Die betekenisvolle vermindering van misdaad sal natuurlik net ‘n droom bly indien werkloosheid nie verminder deur die loodsing van werkskeppingsprogramme nie. Dít is egter ‘n ekonomiese faktor waaroor ons Polisiediens nie beheer het nie, hoewel dit altyd die lewe vir hulle moeilik sal maak.
Die moraal in die diens is aansienlik beter. Dit is duidelik uit die afwesigheidsyfer wat afgekom het tot onder 10%.
Die situasie met polisievoertuie wat oud en gedaan is, wat baie hoë kilometerlesings het, blyk ook te verbeter. Alhoewel die polisiediens nie noodwendig meer voertuie as ‘n jaar gelede het nie, is met die bedrag wat die Regering bewillig het vir nuwe voertuie, baie ou voertuie met nuwes vervang en ons kan aanvaar dat die gemiddelde kilometerlesing waarskynlik darem nou al laer is as die 160 000km plus van ‘n jaar of so gelede. Ons wil net ‘n ernstige beroep doen op die leierskap van die polisiediens op provinsiale vlak om die geld wat vir hulle gegee word vir nuwe voertuie, oordeelkundig te gebruik. Ons aanvaar dat ‘n mens soveel as moontlik nuwe voertuie wil aankoop om die voertuiggetalle te verhoog, maar ons sien heeltemal te veel klein 1300-voertuie in afgeleë bergagtige terrein, waarvoor hulle doodeenvoudig nie gepas is nie.
Soos wat ons polisiemanne en -vroue se werk al hoe gevaarliker word, is daar die afgelope paar jaar baie gepraat oor koeëlvaste baadjies vir die lede. Die betrokke debat het effens stil geword, moontlik en hopelik is dit so dat alle funksionele polisiepersoneel uitgereik is met koeëlvaste baadjies. Ek verneem graag van die Minister of dit wel die geval is.
‘n Kwessie wat ek weet waarvoor sommige lede van topbestuur hulle gruwelik vererg wanneer mens daaroor praat, is die kwessie van ewewigtigheid en onpartydigheid van ons polisiediens. Die paar ouens wat hulle weer wil vererg oor dié onderwerp, moet dit dan maar doen. Daar is genoeg rokies oor hierdie kwessie om ‘n mens te laat glo dat daar êrens dalk ‘n vuurtjie is. Die leier van ‘n politieke party het die naweek beweer dat die polisie in Kaapstad nie so gretig is om ernstige sake te ondersoek wat gepleeg word deur lede van die regerende party nie. ‘n Mens se eerste reaksie hier is natuurlik dat dit waarskynlik goedkoop politiek is.
Wat ons egter bekommer is dat ons in die IVP al soortgelyke ondervindings in KwaZulu-Natal gehad het. Ons wonder nog steeds wat van die Sekonde-saak geword het. Ons weet dat die polisie natuurlik somtyds sake deeglik ondersoek en dan is die kantore van die staatsaanklaer traag met die sake en blameer dan gerieflikheidshalwe vir die polisie vir swak ondersoek; veral as dit nie vir hulle gerieflik of polities korrek is om met ‘n saak voort te gaan nie. Hoe dit ookal sy, ons doen ‘n beroep op ons polisiediens om te alle tye onpartydig op te tree. Misdaad is misdaad, maak nie saak wie dit pleeg nie. As dit mens se base is wat jou betaal en die misdaad pleeg, dan word hulle steeds gearresteer. Almal se misdaad is ewe erg. Geen gunste moet gedoen word nie. Die polisie moet net eenvoudig die werk reg doen. (Translation of Afrikaans speech follows.)
[Mr E T FERREIRA: Mr Chairperson, the IFP would like to express its appreciation for the seriousness with which the Government has approached these two departments during the past year or two. We are very proud of the clear improvement which can be seen in the SA Police Service. It would simply be dishonest to allege otherwise. In the mid to late 1990s our Police Service’s future was bleak. Crime was simply on the increase, and it did not look as if the police were making any headway at all. The morale was low and the absentee rate was a huge 30%.
The Ministry and the police top management must be given a great deal of credit for the manner in which they turned things around. Crime figures have stabilised recently, and in some cases even dropped. By that we are not trying to say that crime is under control, anything but. It has stabilised at entirely unacceptably high levels. However, the increase has been halted, and it would appear that we have reached the turning point. The IFP is full of confidence that we can see a reduction in crime within the next few years.
The meaningful reduction in crime will naturally remain only a dream if unemployment is not reduced through the launching of job creation programmes. However, this is an economic factor which our Police Service does not have control over, although it will always make life difficult for them.
The morale in the service is significantly better. This is clear from the absentee rate which has come down to below 10%. The situation with police vehicles which are old and worn out and have very high kilometre readings, also seems to be improving. Although the Police Service does not necessarily have more vehicles than a year ago, using the amount which the Government voted for new vehicles, many old vehicles have been replaced with new ones and we can accept that the average kilometre reading is now probably lower than the more than 160 000km of a year or so ago. We would just like to make an urgent appeal to the leadership of the Police Service at provincial level to use the money which is given to them for new vehicles wisely. We accept that one wants to purchase as many new vehicles as possible to increase vehicle numbers, but we see far too many small 1300 vehicles in isolated mountainous terrain, for which they are simply not suitable.
As the work of our policemen and women becomes increasingly dangerous, much has been said over the past two years about bulletproof vests for the members. This particular debate has quietened down slightly; possibly and hopefully all functional police staff have been issued with bulletproof vests. I would like to hear from the Minister if this is indeed the case.
An issue about which I know some members of top management get very annoyed when one talks about it, is the issue of balance and impartiality of our Police Service. The few people who want to get annoyed about this topic again must simply do so. There is enough smoke regarding this issue to cause one to believe that there is perhaps a fire somewhere. The leader of a political party alleged this weekend that the police in Cape Town are not so keen to investigate serious cases committed by members of the governing party. One’s first reaction here is naturally that this is probably cheap politics.
However, what concerns us is that we in the IFP have had similar experiences in KwaZulu-Natal. We are still wondering what has become of the Sekonde case. Naturally, we know that sometimes the police investigate cases thoroughly and then the offices of the public prosecutor are slow in dealing with the case and then conveniently blame the police for poor investigation, particularly if it is not convenient or politically correct for them to proceed with the case. Whatever the case may be, we appeal to our Police Service to act impartially at all times. Crime is crime, it does not matter who commits it. If it is one’s bosses who pay you and who commit the crime, then they will still be arrested. Everyone’s crime is equally bad. No favours must be done. The police must simply do the job properly.]
Mnr A S VAN DER MERWE: Mnr die Voorsitter, agb Minister en kollegas, ek wil graag vir die agb Minister sê dat ons boere in Suid-Afrika het waardering vir die hoë persentasie arrestasies na plaasaanvalle. Daar is vanmiddag baie melding gemaak van knelpunte in ons polisiemag en ek wil graag my ondersteuning daarby voeg.
In die strategiese dokument vir die landbou, soos deur die President self geïnisieer, word die landbou uitgelig as dié sektor in ons ekonomie vir voedselsekuriteit en werkskepping. Om bogenoemde doelwitte te bereik, word veiligheid en sekuriteit in die landbou baie hoog geag. Agri SA, ‘n mederolspeler in die President se strategiese dokument, ag veiligheid op plase so belangrik dat hy die Agri Securitas-trustfonds tot stand gebring het. Dit is so eenvoudig: Geen boere, geen plase en geen kos nie. Dit is hoe belangrik veiligheid op plase vir Suid-Afrika moet wees.
Kommersiële boere het ook ‘n verantwoordelikheid teenoor plaasveiligheid. Groeiende vertroue vind plaas in Agri SA se leiers. Dit is belangrik vir die doelwitte wat ons het. Boere aanvaar grondhervorming en die sukses daarvan kan ‘n demper plaas op politiek geïnspireerde plaasaanvalle.
Die SAPD en die Nasionale Weermag is die hart vir sukses van veiligheid op plase. Plaasaanvalle het afgeneem in die Vrystaat. Die nasionale Kommissaris van Polisie skryf dit toe aan samewerking tussen boerekommandos en die Suid-Afrikaanse Polisie. Dit is mos die resep. Dit is tragies dat die weermag aan die Lesothogrens onttrek is. Hoe kan dit?
Die kommissaris wys daarop dat vonnisse gebruik is om misdadigers af te skrik. Dit moet asseblief bevorder word. Tekortkominge in ons strafregstelsel het die teenoorgestelde uitwerking. Woordvoerders van die Regering en agb lede van hierdie Raad maak hulself soms skuldig aan haatspraak en dit vir politieke gewin of persoonlike gewildheid. Min besef ons dat boere se lewens daardeur in gevaar gestel word. Dit is elkeen van ons se plig om hard aan beter gesindhede te werk. Negatiewe optrede dra by tot geweld teen onskuldige mense. Veediefstal tref alle boere uiters nadelig. Dit geld ook vir klein- en opkomende boere. Veediefstal het ‘n groot finansiële impak. Mannekrag en toerustingtekorte kortwiek ons veiligheidsmagte. Hier is ‘n geleentheid om spesialisloopbane te skep wat ‘n positiewe uitwerking op ons land se ekonomie sal hê.
As Vrystater wil ek ‘n paar sake oor die Lesothogrens onder die Minister se aandag bring. So ‘n grens het baie spesifieke veiligheidsprobleme. Ek wil die Minister verwys na gister se berig in Die Volksblad. ‘n Vrystaatse grensboer pleit dat die Regering hulle nie moet vergeet nie. Vier-en- veertig duur stoetramme verdwyn in die nag en dit kom neer op meer as R100 000 se skade. As ons ons salaris vir ‘n jaar verloor en ons moet van iets anders bly leef in hierdie Raad, hoeveel mense sal nog volgende maand nog hier sit? Dit gebeur met ons boere. Wat sou die oplossing wees?
Moet ons Buitelandse Sake betrek om goeie betrekkinge te bewerkstellig? Ons moet verhoudingskomitees op die been kry. Daar is baie gevalle waar die verhoudings nie reg is nie. Ons is skuldig aan beide kante. Die grenspad moet herbou en gebruik word. ‘n Peloton moet op plase gestasioneer word. Drade moet gepatrolleer word. Dit word in geheel afgesteel. Die indruk bestaan dat die SAPD nie in beheer is nie. Na behore is Suid-Afrikaners in Lesotho gevang en na ‘n jaar is hulle laat gaan. Wat sê dit vir ons boere? Ons kan dit nie so los ten koste van ons boere nie. Gewone veediefstalsake word swak ondersoek. Die Minister kan gerus die persentasie skuldigbevindings in veediefstalsake ondersoek. Dit is skrikwekkend laag. Die veediefstaleenhede ondersoek nie meer diefstalsake van minder as vyf diere nie. Hierdie is ‘n spesialiteitsveld. Ons het nie by ons Suid- Afrikaanse polisiestasies spesialiste om hierdie werk te verrig nie. Veediefstal beduiwel verhoudings.
Die agb Minister moet asseblief simpatiek wees met valhekke. Dit is duur goed en daarom het hulle geldelike hulp. In sekere gebiede verrig hulle belangrike funksies. Ons moet die geweldskultuur aanspreek. Ons moet respek vir lewe terugbring. Dit moet ‘n gesamentlike poging wees. Ons moet van ons swart perswese gebruik maak. Hulle invloed strek ver. Ons mense moet leer om aan protokol vir toegang tot ons plase te voldoen. (Translation of Afrikaans speech follows.)
[Mr A S VAN DER MERWE: Mr Chairman, hon Minister and colleagues, I would like to say to the hon the Minister that our farmers in South Africa appreciate the high percentage of arrests after attacks on farms. This afternoon a lot was said about problem areas in our police service and I would like to add my support to this point.
In the strategic document for agriculture, as initiated by the President himself, agriculture is singled out as the primary sector in our economy that is responsible for food security and job creation. In order to achieve the above-mentioned objectives, safety and security in agriculture are regarded as being of the utmost importance. AgriSA, a fellow role-player in the President’s strategic document, regards safety on farms as of such importance that it established the Agri Security Trust Fund. It is so simple: No farmers, no farms and no food. This is how important safety on farms should be to South Africa.
Commercial farmers also have a responsibility towards security on farms. There is increasing confidence in the leaders of AgriSA. It is important for our objectives. Farmers accept the land reform process and its success may suppress politically inspired attacks on farms.
The SAPS and the national Defence Force are at the core of the success of achieving safety in farms. Attacks on farms have decreased in the Free State. The national Commissioner of Police is attributing this to the co- operation between farm commandos and the South African Police. Surely that is the recipe. It is tragic that the Defence Force has been withdrawn from the Lesotho border. How could that be?
The commissioner pointed out that sentences were used to scare off criminals. This should please be promoted. Shortcomings in our criminal law system have the opposite effect. Government’s spokespersons and hon members of this House are sometimes guilty of using hate speech for mere political gain or personal popularity. Little do we realise that farmers’ lives are endangered by their doing that.
It is everyone’s duty to work hard at adopting a better attitude. Negative actions contribute to violence against innocent people. Stock theft affects all farmers extremely detrimentally. This also goes for small and emerging farmers. Stock theft has a major financial impact. Shortages of human resources and equipment handicap our security forces. Here is an opportunity of creating specialised careers that will have a positive effect on the economy of our country.
As a Free Stater I would like to draw the Minister’s attention to a few matters relating to the Lesotho border. Such a border has very specific security problems. I would like to refer the Minister to yesterday’s article in Die Volksblad. A Free State border farmer is pleading that the Government should not forget them. Forty-four expensive stud sheep disappeared during the night, and this amounts to over R100 000 in damages. If we lost our salaries for a year and had to continue to live on something else in this Assembly, how many people would still be sitting here next month? That happens to our farmers. What would be the solution?
Should we involve Foreign Affairs to bring about good relations? We must establish relations committees. There are many instances where relations are not right. We are guilty on both sides. The border road should be rebuilt and used. A platoon should be stationed on farms. Fences should be patrolled. These are stolen in their entirety. The impression is that the SAPS is not in control. As it should be, some South Africans were caught in Lesotho, and they were released after a year. What does this say to our farmers? We cannot leave it as it is at the expense of our farmers. Ordinary stock theft cases are poorly investigated. The Minister may very well investigate the percentage of convictions in cases of stock theft. It is shockingly low. The stock theft units no longer investigate cases of theft involving fewer than five animals. This is a specialised field. We do not have specialists at the South African police stations to do this work. Stock theft bedevils relations.
The hon the Minister should please be sympathetic with regard to boom gates. They are very expensive and that is why they are asking for financial assistance. In certain areas they perform very important functions. We should address the culture of violence. We should restore respect for life. It should be a joint effort. We should use our black press. Their influence goes far. Our people must learn to comply with protocol for admission to our farms.]
Miss J E SOSIBO: Mr Chairperson, hon Minister and hon members, the ANC welcomes the increased budget for the SAPS for 2002-03. The annual rise and growth of the Vote reflects Government’s commitment to ensuring the safety and security of South Africans and to facilitating the employment of an additional 16 000 police officers over the medium term. My focus today will be on the ICD, the secretariat and different units within the wider context of the budget.
The establishment of the ICD in 1997 brings South Africa in line with other democratic countries which have created similar bodies. These countries have realised the desirability of having an objective organisation specialising in dealing with the tensions between community members and the police. The legacy of abuse of police powers revealed by the Truth and Reconciliation Commission report emphasised the need for such a body. Its operation, as per recommendations of the TRC, should be independent of the general police legislation.
The public distrust of the ability of the police to investigate complaints against their own members has been borne out by revelations of police cover- ups, involvement in misconduct at high level, etc. The aim of the ICD is to develop public confidence in the efforts of the SAPS, the SA Police Service, and the ICD, the Independent Complaints Directorate, to prevent inappropriate police conduct as well as to facilitate the criminal prosecution of those members found to have engaged in criminal activities.
It is a historical fact that a sizeable number of people died in custody at the hands of the police. Therefore the object of the directorate is to investigate any misconduct allegedly committed by any member of the SAPS. The misconduct or offence can include the death of a person in police custody and complaints referred to the ICD by the Minister of Safety and Security or any provincial MEC.
The Truth and Reconciliation Commission came up with the recommendation to establish this directorate because it had received hard evidence from people who had been victimised and even died in police custody. Eight years down the line, through which we have worked as a country towards nation- building, it is still, and will always be, necessary to cement reconciliation between people and races in this country. We have succumbed to much. We want to achieve much and we will have to do much in this regard. It is our determination as the ANC Government.
The ICD’s Vote has three programmes, namely the Administration, Investigation of Complaints, and Monitoring and Development. The ICD has set its priorities for the forthcoming years to include the improvement of service delivery to the community. Creative ways and means will have to be found in order to achieve this.
There are cases which the ICD investigated in the period April 2001 to September 2001. It is hoped that the ICD will use its resources ultimately to conduct quality investigations in order to sustain successful prosecutions and convictions of guilty persons. We also welcome the 17% increase.
Let me touch on the situation involving the secretariat. Section 208 of the Constitution of the Republic of South Africa provides for the establishment of a secretariat to function under the direction of the Minister. The secretariat is mandated by the SA Police Service Act to provide the Minister with legal, policy, administrative and communication support. The vision of the secretariat is an effective, efficient, transformed and democratically accountable SA Police Service which is directed by a Minister who is well advised, supported and assisted on all matters regarding safety and security.
The secretariat currently functions as a division of the SA Police Service. The matter of the independence of the secretariat was once raise and addressed sharply. Three models or options were mentioned, namely, the British model, the SA National Defence Force secretariat and the organisational component model. The latter model was seen as the recommended model, where the secretariat accounts to Parliament. But this issue is still under discussion.
Another recommendation was that the secretariat should have its own budget. Akungabi nje ukuthi uma bezosebenza, njalo kufuneke baye kocela imali. Mhlawumbe, kubonakala kungaba ngcono uma kungaba nemali ababelwa yona ukwenzela ukuthi bakwazi ukwenza umsebenzi wabo, ngendlela abafuna ukuwenza ngayo.
Mhlawumbe-ke, lokho kuyoba into engcono ngoba noma ngabe ukusebenza kwabo akucacile kahle hle, okwamanje, kodwa-ke akulula ukubagxeka ngoba abanaso isabiwomali sabo. Ake ngilinganise ngokuthi, njengamakomidi, nathi sinezabelo zethu ezenza sikwazi ukwenza umsebenzi wethu ngendlela esifuna ukuwenza ngayo, ngaphandle kokuba silokhu siya kusihlalo wosihlalo siyocela imali. Mhlawumbe-ke, uma kungase kwenzeke kanjalo nakubona kungaba ngcono. (Translation of Zulu paragraphs follows.)
[It should not be the case that every time they want work, they first have to ask for money. It will be better if they can have a budget so that they will be able to do their work the way they want.
Maybe that will be a good thing because even if their job is not satisfactory at the moment, it is not easy to criticise them because they do not have a budget. Let me give this example: we as committees have our own budgets which enable us to do our work the way we want, without going to the Chairperson to ask for some money. Perhaps if the same can apply to them, it will be better.]
At a portfolio committee meeting, the secretariat raised numerous complaints and concerns regarding the current state of affairs, which creates a lot of problems within the secretariat, for example in its daily functioning. It is therefore recommended that the issue of the independence and budget of the secretariat should be discussed with the Minister of Safety and Security as a matter of urgency.
Ake ngithinte nje kancane mayelana nabaseshi kanye namacala. NgoJanuwari 2001, uKhomishina kaZwelonke wamaphoyisa wamemezela ukuthi umnyango wakhe ufuna ukuhlela kabusha uphiko lwabaseshi ukuze lo msebenzi ukhaliphe kakhudlwana. Lokhu kwakuzokwenzeka ngokuba kuhlanganiswe zonke izinhla ezinhle zabaseshi ukuze kungaphindaphindeki uphenyo ngoba lezi ezinye izinhla zingaqondi ukuthi olunye uphiko nalo luphenya lelo cala. Esinye isizathu kwakungukuba kuncishiswe isibalo salezi zinhla nokuba ulwazi lwalabo baseshi luye kosetshenziswa ezikhungweni zamaphoyisa, kanye nempahla ababeyisebenzisa.
Labo abangabuyiselwanga ezikhungweni zamaphoyisa bazofakwa ezinhleni ezintsha ezimbili zabaseshi ezibizwa nge-organised crime unit kanye ne- serious and violent crimes unit. Lezi zinhla, ngokusho kweziphathimandla, zizoba nabasebenzi abancane ngokwesibalo kodwa abazoba nokukhalipha okunzulu. Ukuncishiswa kwalezi zinhla zabaseshi kuzokwenza ukuba labo abakuzona basebenze ngokuzimisela ngoba kungelula ukuhudula izinyawo uma isibalo sabaseshi sisincane.
Kunezinhlelo zabaseshi ezingezukuphazanyiswa, njengophiko lwamacala aphathelene namabhizinisi, uphiko lwezodlame olwenzeka emindenini, ukuvikelwa kwezingane namacala okuhlukumeza ngokobulili, kanye nokuvikelwa kwezingane. Uphiko lokuphenya ngamacala ezamabhizinisi lona kusahlelwa ukuthi luzomiswa kanjani. (Translation of Zulu paragraphs follows.)
[Let me say something about investigators and cases. In January 2001 the national Commissioner of the South African Police announced that his department was restructuring an investigating unit so that its job would be more efficient. This will be achieved by uniting all good investigating units so that an investigation done by one unit cannot be repeated by the another owing to not knowing that they were both working on the same case. Another reason was to decrease the number of these units and to have the information and the equipment of those investigators used at police stations.
Those who were not returned to their police stations would be included in the two new structures of investigating unit called the organised crime unit and the serious and violent crime unit. According to authorities, these units will have a few employees who will be more intelligent. The decrease in the size of these investigators’ units will make those who join them work in a serious manner because it will not be easy to be lazy when the number of investigators is small.
There are investigating units that will not be touched, like the business crime units, child protection units and units that deal with sexual abuse and child protection. The business investigation unit is being planned as to how it is going to be set up.]
In conclusion, let me say it is hoped that the restructuring of the specialised units will lead to more skilled and motivated detectives, and will ultimately increase the capacity to combat serious crime in the country.
The ANC supports the Budget Vote. [Applause.]
The MINISTER OF SAFETY AND SECURITY: Chairperson …
The MINISTER OF HOME AFFAIRS: Nzotho! The MINISTER OF SAFETY AND SECURITY: Shenge! Chairperson, I do not know why the hon Groenewald latched onto a throwaway remark that I made, in terms of the presence in the House, when I started my address. In any event, there was a clear response to that from the Chair, which was in connection with many members of the House. I was not even referring to a particular section of the House. Members are busy with Parliament’s work. They are in committee meetings as we speak. So what I said had nothing to do with the absence of ANC members or any other hon members of the House.
But, in my response to the contributions that were made by the various members of this House, I want to divide that response into a number of demarcated areas, because I understood the contributions to relate to the following. Firstly, it was crimes against women and children, especially against the girl child. The second area related to crimes committed with the use of firearms. Then came the issue of infrastructure and what people may have referred to here as police readiness to deal with crime in this country. That, itself, was divided into sections. Some of the members talked to the force levels, training of our police officials, their deployment and the quality of their investigations. There were allegations made regarding the dereliction of duty by some of the members of the Service and other allegations of political manipulation of the members of the force. I want to concentrate on those areas in my response. But there are other issues on which I would want to make an appeal to the chairperson of the portfolio committee that we take them down for further discussion within the portfolio committee. They will need a longer time for us to engage on.
The first matter, therefore, is in regard to crimes against women and children. I want to deal with that in the following manner. The matter was raised by a number of speakers, including the hon Morobe. The police have identified the 128 station areas that contribute, at least, to 50% of the national rape statistics in our country. Special projects are going to be implemented in the current financial year to give effect to the interdepartmental antirape strategy of the national prosecuting authority, the Departments of Health and Social Development, and the SA Police Service. We are, to that extent, going to do the following. We are going to increase the number of family violence units, child protection and sexual offences units of the SAPS, and special detective teams will also be created, at station level, to focus only on rape and domestic violence.
We are also going to ensure that the programmes for victim support are expanded to assist victims during the criminal justice process. Members of the House will be aware that there are a number of community safety centres that have been established right round the country. Those, in a sense, will be our one-stop centres where, in the first instance, we will have sections that will deal with reports of criminal offences, especially against those who have been raped. Then there will be a justice component there and a clinic in order to facilitate the obtaining of statements and to correctly process those cases. Then we will have a prevention and public education initiative, for which a comprehensive research programme is under way to determine the profiles of the offenders, their belief systems and the reasons for the crimes that they commit, in order to ensure the implementation of focused preventative actions.
The issue of crimes where firearms are used was raised very strongly by the hon Mluleki George. Well, as we are today honouring the memory of our late Minister, Steve Tshwete, I am sure that we will appreciate that one of his passions in the fight against crime related to the Firearms Control Act. In the circumstances, therefore, I would like to pay special attention to the following areas in respect of this particular Act. Firstly, I would like to declare certain places right round the country as firearm-free zones, in terms of section 140 of the Act. I am awaiting an operational plan from the SA Police Service that will indicate to me the best way in which this can be done. Of course, with the introduction of sector policing, we are going to be responding in quite some detail in respect of this particular matter.
A special co-ordinating mechanism will also be created at national level in order to manage the destruction of redundant state-owned firearms and confiscated illegal firearms. Since the implementation of the national crime combating strategy, more than 70 000 redundant state-owned firearms and more than 80 000 confiscated firearms have been destroyed. Operations will be launched in high crime areas to track and seize illegal firearms. Using sophisticated measures, we will identify and prosecute suspects who may have been involved in firearm-related crimes.
Just the other day, this week, we conducted raids and confiscated firearms. The firearms that we seized, of course, belonged to people who had licences. But it is not enough for a person to produce a licence when we raid places like those that we raided the other day. We want to ensure that, indeed, those licences are, in the first place, genuine licences and that those firearms have not been used in any instances of crime.
The next issue, which quite a number of hon members raised, is the matter of infrastructure. I know that as members go round the country doing their duty, as public representatives for our people, they do go to the various centres that we have and, indeed, they see the things that they were talking about. However, I thought that, at least, members were alert when I talked about what we intend to do to address specifically that matter. I do want to repeat what I said, which is that an amount of R215 million has been set aside for the erection and purchase of police facilities. We will buy structures that are already there. We will build new structures and we will renovate the structures that we already have.
The hon members will also note that funds have been allocated for store items and equipment. It means that the intention is to ensure that those police stations that do not have the necessary equipment to deal with the various issues that have been raised here will be empowered through the supply of the necessary equipment. Of course, the issue of police readiness has been raised, relating to the police force levels and other things. I have said that we are going to ensure that as many members of the service as possible will be on the streets to deal with crime. Among other things, as we establish our sector policing, we are going to withdraw trained police personnel from functional duties and administrative functions and deploy them on our streets. Others, of course, will go to the sector policing programme that we have spoken about.
Other people have raised the issue of training and the adequacy or otherwise of the training that we have. I would like to tell hon members that we have a Police Service of people who are highly trained. Of course, the situation in the country does not allow for the police to do some of the things for which they have been trained to indicate how well-oiled a machine they are to fight against crime. But there are many things that indicate that we have one of the finest policing units in the world.
The fact that statistics for crimes committed in this country are going down is an indication of the effectiveness of our policing. There are people who have come here and said that they have not seen this decrease in these crimes that are being committed in this country. Of course there is an argument for a regular release of statistics.
I am unhappy when people present a picture of a South Africa that is as bleak as some of our hon members do sometimes. It is not that bleak. I have not said there will be no statistics that will be placed before the South African nation. From time to time it will be necessary for us to come before the nation and say ``this is happening in the country’’.
Mr M J ELLIS: How often will this be?
The MINISTER: We will not respond to those kinds of questions. We are not mechanical in the work that we do. We are driven by other things besides us taking pencils and making calculations on pieces of paper.
Another matter that has been raised is the quality of investigations. It is true that in some instances our investigations have been found to be poor. The consequence of this is that there are cases that have been thrown out of court as a result.
I want to deal with what has been referred to here as political manipulation. The hon members of Parliament must please do what everyone else does. If members of the Service have conducted themselves in a manner that is unbecoming, there are processes that ought to be followed. It is worse when members of the portfolio committee talk about it from this platform, when they, as a portfolio committee can summon all of us, including me, to explain these things. [Applause.]
What is also worse is when politicians stand on a platform and say there are police officials who participate in political machinations on the side of certain political formations. If this is happening, then why do we not stand up and go and proffer complaints against such members? This cannot be a general phenomenon.
An example is that the other day, on Sunday to be specific, on SABC television, a presenter said that DP leader Tony Leon had alleged that police, together with the ANC, were intimidating DA supporters. Speaking in Langa outside Cape Town, Leon said DA supporters had been driven out of their homes and their houses had been burnt. They then showed his face on TV and he said, and I quote:
Unfortunately, we have the police being involved in the campaign of harassment and routinely arresting members of our party on very, very bogus charges and then we have to go to court to get them released.
If this is true then the DA has a responsibility, particularly to those affected members, to say, ``This police person has done this and I am pressing charges’’. It does not help to make these kinds of sweeping allegations. We must be truthful. Otherwise, if this does not happen, then our people will have a right to say these members have not spoken the truth. [Applause.]
Debate concluded.
APPROPRIATION BILL
Debate on Vote No 5 - Provincial and Local Government:
The MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT: Madam Speaker and hon members, almost exactly 100 years ago, commenting on Britain’s social inequalities in an address to the House of Commons, Keir Hardy, a member of parliament, said the following, and I quote:
One factor in our national life remains with us. At the bottom of the social scale there is a mass of poverty and misery equal to that which obtained a hundred years ago. I submit that the true test of progress is not the accumulation of wealth in the hands of a few, but the elevation of a people as a whole.
Mr Hardy could have addressed this House in the same words, with equal resonance, 100 years later.
As part of the Year of the Volunteer programme, the month of May was dedicated to urban and rural community development. Early one Friday morning in May, as a contribution to this initiative, we assisted the local community of KwaThema in the Ekurhuleni Metro to clean up a long neglected cemetery. A few days later, we were in the Eastern Cape. We went to Mdantsane and helped to clean up the township. Towards the end of the month we travelled to Chris Hani district municipality to assist to lay a water pipeline to supply water to a school 10 km away.
When we undertook these trips we were accompanied by senior representatives of the Department of Provincial and Local Government. What struck us in this and other areas we visited last month and what makes Mr Hardy’s words so poignant is how much work we still need to do to improve the living areas of all our people.
As Government, we can take pride in the fact that over a very short period of time, we have completely overhauled the system of local government in our country. We have boundaries in place that represent the diversity of communities living within them, we have new structures with which to provide a clear framework within which local councils can work and we have new systems of doing business in municipalities which are reflective of the challenges that face us at the local level.
But, the task of positively impacting on entrenched poverty and improving the lives of those of our people who are most marginalised in places such as kwaThema, Mdantsane, Thambo village in the Chris Hani district municipality, still represents our single biggest challenge. The real challenge we face is to define in practical terms what developmental local government means and the type of leadership and interventions it calls for at the local level.
Let me illustrate this point with an example. When we were in Queenstown last month, we met a local businessman, Dr Ntozakhe, a highly qualified chemist. Dr Ntozakhe owns a factory in the area which produces high quality animal feed and employs 16 people. The success of the business is such that he has identified significant opportunities for exporting the product.
The company has already completed orders from the UK and Uruguay. However, he lacks the capital to invest further in this endeavour. Part of the problem is that his input costs are very high, especially the cost of maize, one of the primary raw materials in the animal feed which he imports from Limpopo, the Free State and Mpumalanga.
On making inquiries from the council, I discovered that the municipality owns tracts of fertile land ideal for growing maize. This land currently lies dormant and unused. If the council perceived its role differently, it would possibly find a way of agreeing on how this local resident could access municipal land,, grow his maize and export his feed. It would quite obviously benefit from the deal by renting or selling the land, generating rates from its productive use, creating employment for another 10 or more residents to work the land and, in so doing, provide a stimulus to the local economy.
While clearly our municipalities are not in the business of farming maize, they are in the business of creating viable local communities through, amongst other things, stimulating the local economy. The challenge facing local leaders is to be more innovative in their thinking, in the interpretation of their role and in the implementation of their mandate. This challenge goes out to members of Parliament as well. Perhaps we need to make an effort to engage with communities directly and get a deeper understanding on how the Government policies we endorse and the laws we pass impact on people on the ground.
This deepened understanding will not only help our people to put a face to our functions and our Government, but will ensure that future decisions are rooted in the realities of our country.
In his state of the nation address earlier this year, President Mbeki said, and I quote:
… the central question we will have to answer at the end of the day is whether what we are doing as the legislature, the executive, the judiciary, the fourth estate and civil society, is helping to lift from the shoulders of our people the intolerable burden of poverty and underdevelopment.
In large part the responsibility for lifting this intolerable burden of poverty and underdevelopment has been left to our municipalities. But the enormity of the task is such that every stakeholder grouping in the local sphere will have to get involved. Each of us has a responsibility to contribute to the building of our locality. We must get involved. When we said, ``the people shall govern’’, we meant those who are both in and out of Parliament and other structures of Government.
Governance comes with responsibility. We should take part in this task of governing by giving of our time and resources to make sure that local government is working.
If one is an accountant and the municipality one resides in is in dire need of fixing its treasury operations, one should make one’s time and skill available to the municipality. If one lives in an informal settlement that is poorly serviced, one should take it upon oneself to keep one’s environment clean. This is what is meant by people governing.
Our new system of local government is now 18 months old. On 14 December 2001, the President’s Co-ordinating Council convened to assess progress made in the first year of the attempt at establishing new municipalities. Together with the President, premiers of provinces and representatives of organised local government, we undertook a critical review of local government since the municipal elections of December 2000. We were also assisted in this task by the report of the Ministerial Advisory Committee appointed to review the challenges facing local government.
Although members may not agree with every conclusion made in the two reports, I am sure that they will find the insights contained therein very useful indeed. It is for this reason that the Ministry and the department have decided to reproduce the reports and to make them available to every member of Parliament.
We found the reports useful as we crafted an action plan, the aim of which is to improve the quality of support given to municipalities by national and provincial governments, as well as by the SA Local Government Association. An intense programme of action focusing on the following five strategic objectives will be unfolded across all municipalities: firstly, building a strong local government sphere and further enhancing its status within a stable co-operative governance framework; secondly, building stable institutional and administrative systems in local government; thirdly, deepening local democracy and accountability; fourthly, accelerating service delivery and economic development; and, lastly, building financially viable local government.
Both the Ministry and the Department of Provincial and Local Government are committed to the success of this programme of action, and we will ensure its success by providing additional financial resources, appropriate legislation and the necessary programmatic interventions. This is reflected in recent and planned increases in the national allocations to local government and the priorities of the Department of Provincial and Local Government’s Budget Vote for this financial year.
The largest increases in national Government’s 2002 Budget are in transfers to the local government sphere, rising by 18,3% a year from 2001-02 to 2004-
- Total allocations rise from R6,6 billion in 2001-02 to R8,6 billion in 2002-03, R10,2 billion in 2003-04 and R10,9 billion in 2004-05.
Allocations for local government infrastructure transfers rise from R2,2 billion last year to R3,3 billion this year, R3,9 billion in 2003-04 and R4 billion in 2004-05. This represents an annual increase of 21,3% in infrastructure funding between 2001-02 and 2004-05.
Our commitment to assisting municipalities with poverty relief, primarily through the provision of free basic services to poor households, is made clear by substantial increases in the equitable share grant.
Eight years after the end of apartheid, the local economy is still characterised by a massively differential access to resources. In order to redress this, we have to stay focused on the task of building local communities that present economic opportunities for all our people. Only then can we ensure that the dividend of democratic change is felt by all. This brings into sharp focus the need for a more innovative approach to job creation and economic development beyond the formal economy. In particular, we need an approach to economic development that will impact directly on unemployment and poverty, especially in the most marginalised sectors of our economy. It is our firm belief that by increasing economic activity at the local level and targeting the poor, we assist in generating local employment and wealth creation.
The Ministry and the Department of Provincial and Local Government will continue to do everything necessary and possible to provide increased stability and predictability to the local environment. A number of measures are being introduced to enhance the revenue-raising powers of local government. These include legislative measures to improve property tax administration, clarify municipal tax powers and reform regional services council levies. We intend to place the Property Rates Bill before this House this year, reworked after a lengthy period of consultation with stakeholders. We recognise that improved billing systems and enhanced credit control policy are key to sustainability and stability at the local level. The problem of municipal debt is attributable to three key issues. Firstly, the affordability of rates and tariffs must be appropriate - that is, if rates and tariffs are too high, many people will be unable to afford them and will simply not pay. Secondly, the level of services being provided by a municipality must justify the payment of rates. Thirdly, the administration systems regarding the collection of revenues must be effective to ensure that people feel compelled to pay.
In May this year I initiated a working group representing municipal managers and chief finance officers and the Department of Provincial and Local Government to review credit control measures in municipalities with large service-related debts, the majority of which are in Gauteng. The recommendations of this working group will be used to further enhance municipal credit control policy.
The finalisation of the boundaries of new municipalities as well as clarity on the powers and functions of different categories of municipalities will lead to increased predictability around municipal revenue streams. Added to this, the further consolidation of grant funding from national Government over a three-year period, the period of the Medium-Term Expenditure Framework, will improve the predictability and transparency of transfers.
Financially well-managed municipalities will increasingly be able to capitalise on these improvements in the local environment to borrow or leverage financing and to repay loans from existing revenue streams such as intergovernmental transfers, municipal taxes, or user tariffs.
Increased accountability is already being achieved through the Local Government: Municipal Systems Act and will be further enhanced through the Local Government: Municipal Finance Management Bill. This Bill will bring about changes to budget processes, formats and reporting requirements. The aim is to create improved and more accountable local environments, with better services distributed across a wider spectrum of the population.
The Municipal Infrastructure Investment Unit has embarked on a programme of undertaking diagnostic studies in a number of municipalities, to determine the opportunity for private-sector investment in these localities. Teams of experts are deployed on a short-term basis and a report is tabled to the MIIU within four to six weeks so that viable public-private partnership projects may be quickly conceptualised. Government is closely assessing these diagnostic studies. They play an important role in helping us to understand how municipalities, civil society organisations and the private sector are collectively undertaking the task of service delivery.
We are conscious of the need to improve the capacity of our councils to meet the needs of communities. To this end, we have finalised a capacity- building framework and have directed resources into a capacity-building programme and capacity-building grants to support institutional development and reform.
The Municipal Systems Improvement Programme provides direct assistance to municipalities for capacity-building and implementing the new systems required by local government legislation. This grant increases to R93 million this year, to R100 million next year and to R132 million in 2004-
- The primary capacity-building initiatives include the following.
Planning, implementation and management support, or Pims, centres are being set up and funded in district municipalities, to assist with the preparation of integrated development plans in line with municipal budgets. Thirty such centres have been set up and are receiving funding.
Nodal delivery teams which provide support for the identification, design and management of projects within the rural and urban development nodes are being set up and funded.
The Local Economic Development programme provides support to municipalities on the role of LED and how to implement and integrate strategies. The fund has supported projects in 188 municipalities, with 88% of municipalities having received training on LED in 2001.
Currently the programme on administrative systems and processes is initiating a ward committee development programme within our capacity- building programme.
We also established the SA Cities Support and Learning Network for metros and large cities last year. It meets on a regular basis and focuses primarily on improving the performance of cities in order to enable them to better play their role in the national economy.
Since the beginning of last year, the Consolidated Municipal Infrastructure Programme has focused on providing project-related technical skills and business skills training.
These initiatives will assist municipalities to increase participation by community members in service delivery, improve the accuracy of information on service delivery, enhance political oversight over decision-making and improve accountability for service delivery outcomes.
The further entrenching of the Integrated Development Planning system will add increased rigour to the planning system at the local level.
In terms of the Local Government: Municipal Systems Act, all municipalities have to complete an annual integrated development programme, or IDP. Many were able to submit their IDPs by the end of March this year. The IDP system is now an institutionalised reality at the local level and it is the primary planning tool in all municipalities.
This is borne out by an assessment of the IDP process conducted by the Department of Provincial and Local Government. It was found that although the preparation of IDPs is often inadequate, the involvement and commitment of councillors and senior officials is very high. Also, there seems to be an increased realisation of the benefits and significance of proper planning. Even in cases where IDPs are incomplete, they have a strong influence on the budget of the municipality. Also heartening is the fact that most municipalities set up IDP representative forums to facilitate community and stakeholder participation in the IDP process.
A comprehensive national support system has been put in place by the department to assist municipalities with the IDP process. The support system includes a training programme based on a set of guidelines, IDP funding, the establishment of Pims centres in most districts, hands-on support provided by a national IDP task team to complement the Pims centres and provincial support programmes.
Since its inception, the Consolidated Municipal Infrastructure Investment Programme, or CMIP, has spent R3,8 billion in the provision of infrastructure for services to approximately 12 million poor households. The programme also assists in setting up small, medium and micro enterprises, or SMMEs, to work on infrastructure projects and provides on- the-job training for these SMMEs.
Government has taken responsibility for stimulating economic activity and growth in hitherto low-investment, low-growth areas.
To this end, we have identified a total of 21 nodal municipalities for the implementation of the Urban Renewal Programme and the Integrated Sustainable Rural Development Programme. As far as these two programmes are concerned, significant progress has been made.
Regarding the rural development programme, over 120 projects worth R3,7 billion were identified, using interim IDP through consultative workshops in November 2001. In December 2001, projects were further refined and 22 priority projects worth R584 million were identified for 2002-03. They are currently being implemented, while 52% are in the planning stages. This year, the department is investing an extra R700 million of infrastructure funding, which will rise to R2 billion in the year 2004-05 in the rural and urban nodes. This funding will improve infrastructure in these areas and build the base of public assets. The Department of Labour has prioritised R18 million for skills development in support of our work in the nodal areas.
The Eskom Rural Development Foundation is gearing up to supporting more nodes in rural development, including electrification. The UN Development programme is assisting with a monitoring and evaluation system to support the programme to the tune of $350 000. Various parastatals and donor agencies are in discussion as to how they can support the programme.
A nodal assessment was completed in 2001 for all eight nodes in the Urban Renewal Programme, and a report detailing the situation in each node is available. Business plans have been completed for seven of eight nodes. In doing this, the development path of the nodes has been charted and clearly defined.
In November last year, I had the pleasure of assisting Old Mutual launch its Rural Economic Development Initiative in Emanguzi, which falls within Umkanyakude District Municipality, one of the nodes of the RDP in KwaZulu- Natal. The Rural Economic Development Initiative focuses on local economic development, education, health and welfare activities in marginalised areas and complements well the aims of our RDP.
A few months ago, we met a delegation from the Afrikaanse Handelsinstituut. They have representative bodies in many of our municipalities and they had come to volunteer their services to local government. We are currently working on a programme of activities with them.
Hon members will recall that in April 2000 the department released a discussion document titled ``Towards a White Paper on Traditional Leadership and Institutions’’. We have recorded the responses we received in that regard. The responses helped us to reach a point where we are now poised to bring the matter to finality.
We were particularly impressed by the provincial governments of the Eastern Cape, the Free State, North West, Mpumalanga, and Limpopo. They took the issue of consultation with the people very seriously. They took steps to ensure the visibility of the rural masses in policy formation.
I am happy to announce that a programme of action has been approved by the special Cabinet committee on the institutions of traditional leadership. A draft White Paper has been finalised and is to be presented to Cabinet. Thereafter, I will announce the appointment of the White Paper task team, which will refine the White Paper on the basis of inputs received. I will also announce the appointment of the legislation drafting team, which will draft national legislation that will provide a national framework and set national norms and standards.
Provincial legislatures will pass legislation which takes into account the fact that custom and tradition differ from one population group to another. Both the White Paper task team and the legislation drafting team will include stakeholders, amongst whom there will be representatives of the institutions of traditional leadership.
The legislation drafting team will work very closely with provincial counterparts in at least six provinces where the institutions have a presence. We are determined to ensure that both the required national and provincial legislation, in this regard, is passed by November this year. [Time expired.] [Applause.]
Mr Y I CARRIM: Madam Speaker, comrades and friends, a fundamental aspect of apartheid, as we all know, was division, separation, fragmentation - not just in racial and ethnic terms, but in every aspect of society. There was just no centre and no common core.
Conversely, our national democratic project seeks to create unity, cohesion, and direction. But, in a way, that recognises the plurality, the diversity of our society. Key, though, for the success of the project is a significant measure of co-ordination, not just within government, but between government and civil society.
So it is that we crafted a unique model of government that draws on the best of both the unitary and federal models. So it is that we speak of South Africa as ultimately having one system of governance, with three distinctive, interdependent and interrelated spheres. And so too do we speak not just of government but governance, the notion that government and civil society must work together.
Of course, we have made major strides towards national co-ordination since
- But, obviously, we have a long way to go. Understandably, while old fragmentations disappear, new ones appear between insiders and outsiders of the new economy, between and within spheres of government, between government and civil society, between and within the most elementary units in society, including the family.
In fact, the President, in this House and elsewhere, has called for greater national consensus. By this, I think, he means greater consensus, not just among the parties in this House, but in society as a whole. And he is absolutely right. In fact, one of our major challenges is to establish greater national cohesion, despite our diversity.
In short, there is greater co-ordination and cohesion today. But there is also not enough of it. There are old issues, new issues, and new, forms of old issues to be addressed. What is clear is that we need new more imaginative ways of trying to achieve greater co-ordination and cohesion. I am interested to see that the Minister’s speech was also, I think, underpinned by this observation.
In fact, more than any other department, it is the Department of Provincial and Local Government that has to contribute to this. As our portfolio committee reviewed the budget and work of the department and reported to Parliament, as published in the ATC of 10 June, we concluded that there are two key related challenges that confront the department: firstly, the need to ensure greater co-ordination and integration; and secondly, the need to contribute far more effectively to capacity-building in the variety of senses identified in the report, as will be dealt with by other speakers later in the debate.
As a contribution towards greater co-ordination and cohesion, the department’s strategic plan is welcome, as is its commitment to link the plan more closely to the budget and the internal restructuring of the department. Welcome, too, is the department’s commitment to more closely link its work to the broader goals of Government as a whole, of economic growth, job creation, development and redistribution.
Interestingly, the department speaks not just of co-operative governance, but increasingly of integrated governance. This is absolutely right, and the need for this is going to be tested perhaps most in respect of the Integrated Sustainable Rural Development Programme and the Urban Renewal Programme. In our report to Parliament the committee observed that:
… the success of the ISRDP and URP depend crucially on integrated governance - and the success of these programmes will also serve to enhance integrated governance. An important barometer of integrated governance therefore will be progress on the ISRDP and URP.
The Minister also reported that the President’s Co-ordinating Council meeting last December mandated the department to ensure greater co- ordination between the programmes and projects of national and provincial departments and IDPs. It is clear that for IDPs to work properly, there has to be more effective co-operation of all spheres of government and, of course, between government and civil society.
Clearly, the committee believes that it is not for the state alone to take responsibility for ensuring co-ordination. All of us, Government, Parliament, traditional leaders and civil society, have a role to play. Our very committee, as we have repeatedly said in our report, can do far more in this regard and in other respects.
Very closely linked to the need for co-ordination is partnerships. Co- ordination will facilitate partnerships and, of course, partnerships will facilitate co-ordination. Closely linked to co-ordination and partnerships is capacity-building. In fact, in our report to Parliament we once again called for greater co-ordination of capacity-building, stakeholders and programmes. Hon member Arthur Lyle will deal with this aspect in greater detail.
The department’s budget has, of course, been increased by 34,8% in nominal terms. Most significant is the increase to local government. Transfers to local government go up by 18,3% over the three-year MTEF period. In our report we noted that:
The Committee welcomes the increases in the budget, particularly for local government. The Committee is pleased, too, that, unlike last year, district municipalities will be receiving funds from the ``equitable share’’. Of course, the allocation to local government is still not adequate. The Committee does not believe, however, that the answer lies in flinging more money at local government. Municipalities have to make more effort to raise the revenue due to them from their own sources, spend money more strategically and productively, and manage their finances better. Over time, however, national government will have to allocate more money to local government if local government is to fulfil its increasing responsibilities. The Department, too, now has more responsibilities to fulfil with its bigger budget, and needs to further develop its capacity to spend and allocate its budget more effectively.
As a committee we think that the three big related issues are co- ordination, partnerships and capacity-building. Within the framework of a sensible and sensitive appreciation of the separation of powers, we are very keen to co-operate with the department to advance these tasks.
We are pleased to see, too, that the Minister reported to the committee that Cabinet is considering including municipal staff as part of the national Public Service. In fact, this will allow for mobility, especially of officials from the national and provincial spheres to local government. We especially welcome that. [Interjections.]
In conclusion, I want to express the committee’s appreciation to Minister Mufamadi, Deputy Minister Botha, the acting director-general, Craig Clerihew, the parliamentary liaison officer, Selby Mashile, and members of the department for their co-operation. We want to record our appreciation, too, to the previous director-general Dan Titus, who has now been appointed as an adviser to the Minister - in fact, he is somewhere in this Chamber - and for whom we will be holding a reception after this meeting.
May I, on behalf of the Minister, also welcome all members to that reception, especially as the numbers begin to shrink as every minute passes. So members should feel free - only, of course, those who sit here until 20:15 this evening - to attend this function in the Old Assembly dining room.
My thanks also to members of the committee for their co-operation, and, in particular, to the ANC study group for their liveliness and for being such a fun and funny study group. I am especially pleased to be responsible for this study group in particular. [Interjections.] Finally, my thanks to the three shining stars, researchers Debhi Hene and Chris Sibanyoni and the committee secretary, Llewellyn Brown. My thanks to them all. [Applause.]
Mrs G M BORMAN: Madam Speaker, hon Ministers and hon members, local government is facing enormous challenges such as restructuring, service delivery, capacity-building, implementing new legislation, creating a culture of payment, introducing performance contracts, public participation and developing indigent policies and credit control policies. Enormous challenges bring with them enormous responsibilities.
This year local government, as we have already heard, has received the biggest increase in the budget - R6,6 billion with substantial increases over the next few years. In addition to the equitable share, the municipal infrastructure programme and capacity-building grants all significantly increased in order to get delivery to the people. I have no problem with this, but I do have a problem when people do not pay. We are told that over R22 billion is owed to municipalities in outstanding accumulative debt. According to The Citizen of 20 May 2002, the residents in Tembisa ``have been given a taste of debt-free life following an announcement by Ekurhuleni mayor, Duma Nkosi ÿ.ÿ.ÿ. that the R600 million owed to the council will not reflect on their future accounts’’. The Durban unicity council has lost millions of rands as a result of theft, bad debts and uncollected traffic fines. This is revealed in the Auditor-General’s annual report. There were 330 cases of fraud amounting to R50 million, cheque fraud in excess of R1 million, cash theft of R3,9 million, theft of council material and manipulation of stock records in excess of R1 million and the city police have failed to collect funds totalling at least R115 million.
How many times do we open up our newspapers with these sorts of reports? We will not get local government onto a sustainable basis if we do not address inefficient management. In addition, today we have mayors who do not know what the mayor’s discretionary fund is for. They think it is an additional ``bonsela’’ for them to dip into to pay all their personal expenses. Here Mayor Faku of the Nelson Mandela metropole is a very good example, but he is not the only one. He allegedly used nearly R81 000 to pay for traffic fines, clothing, sporting goods, air tickets, tuition fees and even his own municipal rates.
Some mayors are living in palatial homes provided for by the ratepayer - R3 million for the Tshwane mayor. Councillors are owing hundreds of thousands of rands in rates and charges - from Butterworth to Ekurhuleni to Durban, to name but a few - perpetuating the culture of nonpayment. Fancy cars, palatial houses, lavish functions, nonpayment - all the hallmarks of our modern mayor and councillor. What we need are a few more mayors with the sense of commitment that the mayor of Richmond in KwaZulu-Natal has - and this is an ANC mayor. He turned down a fancy 4x4 in favour of using the money to build a resource centre with a full library, laboratory, computer centre and facilities for indoor games and extra lessons in maths and science, for his own town’s youth. He uses a Toyota Hilux bakkie. The report in the Sunday Times dated 13 January 2002 says:
Even the culture of nonpayment of service charges has been turned around, with the number of paying township residents increasing from 10% to almost 70%.
The Highway Mail in Durban yesterday came up with the headline: ``Unicity council meeting turns into a circus’’. According to the report, the council meeting turned into a circus when the director of water services needed a 9,9% increase in the water tariff. The ANC proposed 6,5%, which left a shortfall of R54 million. The meeting adjourned for 15 minutes to allow caucusing, and when they returned the ANC and the MF were toyi-toying and dancing. The meeting had to be adjourned, leaving the officials to go and find the shortfall. But why worry about mounting deficits and debts when one can spend and sing and dance? Who worries about a city like Durban eventually grinding to a halt?
If Government is serious about service delivery, there are some serious concerns that have to be addressed. The first is that municipalities cannot spend what they do not have. Secondly, people have to learn that if they enjoy services, they have to pay for them. A culture of payment must be a top priority. Thirdly, billing systems must be in place for proper credit control. Extravagant and wasteful spending, inefficient management and a lack of commitment to collecting revenue will not come right through legislation or pouring more money into local government. The DA would like to support the Budget Vote for local government, but when we see the lack of delivery and the total disregard for exercising good stewardship over ratepayers’ money, we cannot support it. [Applause.]
May I just add my own thanks to those of our chair for the hard work of the department and all they do, and the questions and much patience that they have in our committee meetings. Thanks, I will answer any questions in the committee room. [Applause.]
Mr B J NOBUNGA: Madam Speaker and hon members, according to the first principle of the Freedom Charter, which says, ``The people shall govern’’, there are three subprinciples, which set out universal suffrage and state:
All bodies of minority rule, advisory bodies, councils and authorities shall be replaced by democratic organs of self-government. These have been achieved in 1994 and 1995 respectively. But the second relating to local government was fully realised in 2000 when the first wall- to-wall local government structures were created. However, there is the greatest challenge that remains, the subprinciple which says, ``All people shall be entitled to take part in the administration of the country,’’ and this was coupled with the right to enjoy the same rights.
To realise the task of participation in administration and development, allowing the people to be their own liberators, requires that we treat the greater transformation very carefully to avoid worsening the conditions our people find themselves in in most of these newly created municipalities. We have the following immediate tasks in pushing back the frontiers of poverty, in the words of the call made by the President in his opening address to Parliament. This can be done by raising the economic status of our people. However, there are challenges that we face as this Government, which include increasing the economic base of the previously disadvantaged areas, increasing the awareness of the need to pay for services, and implementing the indigent policy and the policy of providing free basic services.
The greatest challenges include the participation of the people in municipal budget processes and planning through the IDPs. Much has been done, but a lot more needs to be done if we are to succeed in reversing the skewed development patterns created by the apartheid past. These are not going to be easily reached as there are even greater challenges caused by the restructuring of other state departments which make the fight to make municipalities financially independent and viable difficult.
The restructuring of Eskom, in particular, is going to rob municipalities of badly needed revenue that would reduce their relying on national Government for funding. Whilst it is understood that some municipalities would not have been able to run this service, some have been crippled by this decision.
We welcome the decision to allow National Treasury to fund municipalities to the tune of R2,4 billion for five years on the revenue lost due to the restructuring of Eskom. However, the future sustainability of this arrangement will create dependency problems when it is terminated.
It is encouraging to note the progress that has been made in speeding up the transformation process, but there are still great challenges that need the department’s attention. The following issues are of note. The cross- boundary municipalities challenges require the department to seriously consider opening the issue of the readjustment of provincial boundaries. This will go a long way in ensuring that we once and for all solve the problem facing these areas. The issue of cross-boundary municipalities should not be seen as a permanent feature in our structures of local government. Much as they solve the fundamental problem of providing uninterrupted provision of much-needed services without the hindrance of the bureaucratic red tape created by provincial boundaries, we can still create better boundaries that would give rise to changed provincial boundaries that would give a lasting solution to the shortcomings experienced by these cross-border municipalities.
As for the task of finalising the allocation of powers and functions to municipalities, without proper powers and functions, municipalities will not succeed in the task of making the lives of our people better. We understand the fact that our model of local government is new, and that its evolution will take some time to really bear fruits, but that does not change the fact that real change and delivery take place at this level.
We owe it to all those who fought and died for the liberation of this country and its people to make this sphere of government work. We dare not fail.
The task of speeding up the provision of free basic services in areas where these services are mostly needed, especially in rural areas, is great. There is great appreciation for the progress that has been made in trying to make free basic services available. But, unfortunately, the progress has only been made in big cities and towns. It might be small towns that have benefited, but the number is insignificant. The department should ensure that the poor and needy areas become the great beneficiaries in this regard.
The finalisation of policies in the provision of free basic services by the department impacting on the overall local government policy on free basic services is urgent. The task is to make councillor training more relevant and to make a meaningful contribution in changing the type of representative to be equal to the task of making better municipalities.
Good delivery is premised on informed policy-makers, so the need for councillor training remains our key critical challenge. However, we have to look at the issue of the empowerment of Salga as a body that has been created, amongst others, to take care of the empowerment of councillors. Salga needs to pick up its momentum, otherwise it will lag behind in the task of equipping councillors to face their crucial task of improving the lives and conditions of our people.
Regarding the task to make local government participatory, efficient and effective in its administration, the type of civil service we have must be equipped to face this challenge. Therefore we have to look at the capacity of these officials. The Local Government, Water and Related Services Seta is tasked with the responsibility of equipping these administrators with the necessary skills in local government at and beyond this point of transition. There is improvement in its work, but a lot more can still be achieved.
Another immediate task is to check the usefulness and contribution of the city support and learning network and the contribution it can make to speeding up transformation in municipalities. The other transformation challenge issue goes beyond municipalities, and it is with the department itself. The different provincial departments are supposed to rise to the occasion and assist municipalities when required to do so. There is a great need for the department to stabilise itself in collaboration with all stakeholders if it is going to succeed in achieving the task of making local government workable and getting local government to improve its economies.
Sengephetsa nje, ngitsandza kutsi ngigcine ngelekutsi, natsi senta leso simemetelo lesentiwa nguMengameli wakuleli, sekutsi asisukume sonkhe siyewusita bomasiphalati. Asigcugcutele labo labatakhamuti takulabo bomasiphalati ngekwehlukahlukana kwabo, sibakhutsate kutsi kuhle bakhokhele tinsita labatitfolako. Natsi sifake sandla ngekwetfwalisana nabomasiphalati kuze sente umsebenti wabo ube lula. (Translation of Swati paragraph follows.)
[In conclusion, I would like to round off my speech by stating that we are also making the same announcement that was made by the President of this country; that we should all go out and try our level best to support our municipalities according to their diversity. We should encourage them to pay for services rendered to them. We, as MPs, should play a leading role and be part of the development of municipalities in our constituency.]
Mr P F SMITH: Mr Chairperson, Ministers present, colleagues, in addressing the department’s Budget Vote, the IFP is going to be concentrating on this one issue, namely that of transition. We are going to be making a particular request to the department to which we will return just now.
We all know that the transition in local government has been a particularly complex matter. We have eight years of the pre-transition, the transition itself and the first 18 months of the final phase behind us. Notwithstanding this, we are still nowhere near the end of this period. The journey goes ahead and there are those who say that we are at the beginning of the journey or the beginning of the end or the end of the beginning. Either way, there are another 10 or 15 years ahead of us.
The reason for the complexity is simply that local government offers particular challenges that are not really those of the national or the provincial sphere. In particular, we have 284 municipalities which vary to such an extent that there are those which cannot even pay for their own councillors and those which have budgets and capacity equal to, or even greater than, in some instances, certain provinces.
The whole issue of the transition is extremely complex. In commenting on this, I wanted to start with a proposition that we, as MPs and members of the portfolio committee and people who are passionate about local government, find ourselves at a serious disadvantage in discussing the issue. The fact of the matter is that we are simply inadequately informed of what is going on in local government. This is not to suggest that the department is denying us information or has been unco-operative in any way. Far from it. We are bombarded with tons of paper.
The fact of the matter is that, if one looks from a holistic perspective, we do not really have an adequate handle on what is going on in local government at present. The IFP believes there is a need for the department to assist us by developing a holistic and simple targeted appreciation of what is going on in local government. There is a dire need for a regularly updated, probably annual, comprehensive overview of the status quo, which should point to all the general trends as well as give us the empirical data upon which those trends are being tabulated. As far as we know, such a document or even a process does not exist. We are aware of the report and we will thank the Minister for giving it to us today - something that we had been wanting for some time - and there is another report also tabled today for the first report. That is precisely the kind of information that we want and have not had the advantage of to date. Be that as it may, I think that the review we are referring to is a bit broader. Maybe I could refer to some of the issues in it.
First, I think, is the section reviewing the implementation difficulties faced by municipalities after the 2000 election. These include things like establishment matters, finance and capacity. If one looks at the establishment matters, it might appear self-evident to all of us that 18 months after the elections, the establishment processes are in fact over. This is not necessarily the case. Indeed, in terms of the initial establishment, we would want to ascertain from the department whether this is so. I know, for example, of several municipalities where, as far as we are concerned, there are still transfers of staff and assets taking place. How widespread is this problem? We have no idea at present. How far are municipalities in establishing their staff components, particularly in respect of municipal heads of department? Have these outstanding issues of the establishment had consequences in respect of delivery? These are some of the questions we would want answered by the department in a review of this kind.
Parliament approved a reasonably significant transition budget to assist municipalities in the once-off costs associated with implementing the new system. The financial challenges facing new municipalities go way beyond the immediate cost of the implementation of the new system. In the first instance, we need to know how that budget was used. Beyond that, though there is indeed a support programme supporting something like a hundred municipalities that are designated by the department as being in crisis, there are nonetheless many other municipalities that are financially troubled. The review should clearly identify the nature and extent of these financial problems and the suggested remedies. We do appreciate the Minister’s input at the budget hearing to the effect that Government is addressing a revised programme of support for local government. We as MPs as yet have no idea what this comprises or even the extent of the problem. It is important that we understand what Government has been doing to assist municipalities in financial distress and what it still intends doing.
Beyond the issues of financial distress and numerous other matters financial, there is a basic problem which we really have not got to grips with yet, and that is whether our municipalities are all financially viable in the first place and what viability actually means in practice. There is the issue which has been raised by many people, namely the R22 billion in outstanding arrears. There is the issue of financing delivery to the indigent. All these matters should be part of a local government review.
Another burning issue of immediate transition is that of capacity. We are not really sure whether the Government has a sound grip on how serious the problem is. From a remedial perspective, capacity constraints are linked to training programmes. Although we do have some sort of picture as to what the training programmes comprise, we find the picture rather grainy. We are not really sure of the extent to which the Seta and councillor training programmes are addressing the problem.
If one, for example, gives some thought to the IDP process last year at least, or maybe even at the beginning of this year, there is clearly a wide disjuncture between what is intended in terms of an integrated IDP public participation budget process and what in fact has been happening in reality in terms of consultants drafting things and getting them rubber-stamped by councils. We do appreciate the department’s role, last year in particular, in developing interim IDPs, but a year later, we must really ask whether councils have been weaned from Pretoria’s breast as yet or whether they are still in fact at a stage that requires substantial support.
In assessing the current state of affairs in local government, the review should also deal with the manner in which municipalities are giving effect to the statutory requirements of the structures Act and the systems Act in particular. Here particularly I think the starting point would be the manner in which the Minister is giving effect to the requirements we gave in the systems Act that he be entitled to utilise the phasing-in powers for all the different municipalities, to allow a differentiated implementation of what are really fairly sophisticated provisions in the law. The matter is, in fact, well advanced and it has actually been through to the President.
For us as members of the committee and MPs who are completely out on that loop, one of the most burning issues is, of course, the finalisation of the powers and functions of district municipalities and local municipalities. This again is an issue which preoccupied many of us for a long time, and we welcome the assurance of the Minister that the issue has been put to rest eventually. Given that the status quo was amended by the structures Act - that amendment was there precisely to minimise disruption to service delivery - the question that does remain, given the fact that this issue is being reviewed again, is: What effect will this have again on budgets, planning and transformation and ultimately on delivery? Is this information readily to hand for all stakeholders and Government departments brought into the proposed solution that we hear? We hear there is a soft solution but we are waiting for the finalisation of the hard solution. We also understand that this issue is linked to the funding of district councils. That solution has been outstanding since 1996, to be fair. There is a whole package of things we need some clarity on.
Part of the problem is that the department is doing a great deal. We simply do not know what they are doing. There are two aspects here: One is the policy side. We understand that there is a draft policy on capacity building. There is progress between the department and the Treasury on intervention mechanisms. There is a framework on the implementation of the systems Act. There is a fiscal powers framework. There have even been two status quo reports. In fact, we got them today for the first time. I want to thank the Minister for those.
Then there is another aspect, and that is the issue of research and the empirical data underpinning the policy issues. We really feel that the approach of the department to date appears to be that the research is conducted and policy processes are undertaken, and until Cabinet approves something, everything is sort of secret service. We are not allowed to have access to anything. We would really take issue with the department on this and want to engage the department on releasing the empirical data and bringing the committee in on the policy formulation process a lot earlier. What happens is that we simply get things at the end of the process.
By way of conclusion I want to emphasise that there are numerous other matters that should be addressed in the type of transformation review that we are talking about here. There is the whole electricity restructuring saga. My colleague before me made reference to that. There are problems of governance and cross-boundary municipalities. There is the success and failure of local economic development strategies and the roll-out of free basic services, especially in the rural areas. There is the community participation in local governance and ward committee problems. There are the improvements in the IDP process - the Minister has mentioned some - the implementation of stricter credit controls and the finalisation of the traditional leaders governance issues. There are a lot of things and there are many more that I can mention that should be incorporated into the kind of review we are referring to. The Minister noted in his 2001 address to this House in fact that: The challenge in the next two or three years is to stabilise and consolidate the system of local government.
We agreed with that. It is a great idea. The problem that we have is that we would like to believe that Government is doing all it can to give effect to that. We simply do not know what it is doing until it is simply too late. We have urged the Ministry to give thought to the proposal we are making and that the portfolio committee engage more thoroughly with the department in respect of interrogating the issues raised by such a report.
Rev A D GOOSEN: Chair, I will be speaking on intergovernmental relations, or IGR. I start by saying that our Constitution makes provision for a three- sphere system of government with distinctive, interdependent and interrelated elements. Moving away from the previous notion of tiers was a conscious attempt to do away with a hierarchical system that had the connotation of subordination. However, in practice, the hierarchical approach is still evident in many areas. This is understandable. Over time, provincial as well as local government has to be empowered.
An important lesson we can learn from the Spanish system of government is that they also assign competencies from central government to other spheres, in much the same way as our Constitution allows. The devolution of competencies in Spain is part of a gradual process in which spheres are allowed to be developed over time. Although both spheres still need to be nurtured, they must nevertheless be allowed to develop on their own.
The main objective of the system of intergovernment relations is co- operation for effective service delivery. If the IGR system does not address how the spheres can co-operate for effective service delivery, then it has no value in our system of governance and therefore has no right to exist. The department has undertaken to draft legislation that will regulate intergovernmental relations as required by section 41 of the Constitution. This is welcome news and we hope that this legislation will facilitate effective intergovernmental relations and will add value to the system of co-operative governance.
These principles include transparent, accountable and coherent government with each sphere exercising powers and functions in a manner that does not encroach on the geographical, functional and institutional integrity of another sphere. The Constitution is not prescriptive on matters pertaining to IGR but rather provides a framework within which the three spheres of government need to co-operate.
The local government legislative framework, which has been inactive so far, from the process of redemarcating the municipal boundaries to the Local Government: Municipal Systems Act, passed last year, has created an environment within which intergovernmental relations can be effectively implemented. The integrated development planning processes create space for all spheres of government to co-operate in the interests of service delivery. The department hopes to finalise intergovernmental guidelines for integrated development planning in March 2003.
These guidelines come at an opportune time because most municipalities have completed their IDPs and these have been submitted to the relevant provinces for scrutiny and also to meet with the requirements as set out in the Local Government: Municipal Systems Act. This Act extends co-operative governance even to communities. Legislation further creates space for partnerships for service provision within the private sector.
I need to stress that having a good legislative framework, however, does not mean automatic service delivery in an effective manner. Capacity to deliver remains the key. This is the main challenge for the new municipalities and the systems that came into effect in December 2000. Local government cannot effect service delivery on its own, but needs both national and provincial governments to play a role. To set its goals it also needs private enterprise.
The section 41 legislation will hopefully give clear guidance on what it means practically for provincial and national governments to support local government. At the moment it seems unclear, and this is to the disadvantage of service delivery.
Although we have succeeded in covering some ground with regard to intergovernmental relations, we still need to put in a lot of effort in order to secure our ultimate goal of effective delivery, as this is essentially what IGR should be about. It is not an end in itself, but rather a means to an end. This is precisely what section 41 is referring to when it states that an Act of Parliament must establish or provide for structures and institutions to promote and facilitate intergovernmental relations.
We need to appreciate that there are already a number of intergovernmental structures that have been instituted to promote and facilitate co-operative governance and intergovernmental relations between the respective spheres. The role and place of local government - and, in this case, the intergovernmental structures - will need to be clarified by the section 41 legislation that the department hopes to introduce this year.
The role and guidance of organised local government, in this case Salga, in defining the role and place of local government within the structures of intergovernmental relations is very critical. Salga has a constitutional mandate to facilitate support for local government and to especially play a role in Government’s intergovernmental framework, so as to enhance co- operative governance.
Once the department has put in place the framework for intergovernmental relations, intergovernmental programmes, such as the Integrated Sustainable Rural Development Strategy and the Urban Renewal Programme, will be more efficiently executed, and this will contribute to a larger degree to accelerated service delivery.
I want to make special mention of the role of the NCOP, not only as the second House of Parliament but also as a vehicle towards greater cohesion. It goes without saying that the NCOP does have much greater interaction with provinces than does the National Assembly. Matters of provincial importance, as well as issues pertaining to local government, should be brought to the attention of the NCOP, which needs to act on them. If this were the case, it would be beneficial for provinces and local government. In fact, this would be co-operative governance at its best.
In the week of 27 May the NCOP visited the provinces, and delegates visited the nodes in their provinces for the purpose of monitoring progress. This was a typical intergovernmental relations exercise, because the provincial delegates to the NCOP were interacting with local government. This surely gave the NCOP an opportunity to understand issues at local government level and in the provinces. This then places the NCOP in a unique position to contribute to service delivery and strengthen co-operative governance. We must never lose sight of the vital role that the NCOP must play in corporate governance. [Time expired.] [Applause.] [Interjections.]
Mnr P UYS: Mnr die Voorsitter, agb Minister, agb Adjunkminister, in die begrotingspos vir Plaaslike en Provinsiale Regering is ‘n bedrag van R6,3 miljard toegeken vir die 2002-03 finansiële jaar, met ‘n verwagte uitgawebegroting van R7,8 miljard in 2003-04 en R8,4 miljard in jaar 2004-
- Hierdie toename in die uitgawe is noodsaaklik om die transformasie van plaaslike regering te ondersteun. Besondere klem word geplaas op die infrastruktuur van behoeftes wat lei tot noemenswaardige verhogings in die toekenning aan die gekonsolideerde infrastruktuurprogram, wat styg met 34,4% oor die volgende drie jaar.
Die verhoging in die begrotingstoekenning, in die besonder vir plaaslike regering, word verwelkom. Hierdie finansiële jaar, in teenstelling met vorige jare, sal distriksmunisipaliteite ook van die billike deel fondse ontvang. Dit word verwelkom.
Van die uitdagings wat die Ministerie en die departement saam met provinsies en plaaslike regering sal moet aanspreek, sluit onder meer die volgende in. (Translation of Afrikaans paragraphs follows.)
[Mr P UYS: Mr Chairman, hon Minister, hon Deputy Minister, in the Budget Vote for Local and Provincial Government an amount of R3,6 billion has been allocated for the 2002-03 financial year, with an expected expenditure budget of R7,8 billion in 2003-04 and R8,4 billion in the year 2004-05. This increase in expenditure is imperative to support the transformation of local government. Exceptional emphasis is placed on the infrastructure of needs that leads to noteworthy increases in the allocation to the consolidated infrastructure programmes, that in the next three years will increase by 34,4%.
The increase in the budget allocation, especially to local government, is welcomed. This financial year, in contrast to previous years, district municipalities will also receive a fair share of the funds. This is welcomed.
The challenges that the Ministry and the department will have to address in conjunction with the provinces and local government will include, inter alia, the following.]
I would like to refer to four of the more important challenges. The first is ensuring sustainable development. Any government activity must be able to answer some of the following questions positively: Does the service or activity contribute to breaking down social divisions? Does it help to foster dignity and build leadership? Does it provide support to the poor and contribute to skills development? Government must thus use its procurement policies and its influence as a major purchaser of goods and services to maximise job creation, skills development and economic empowerment.
The second challenge is partnerships. Municipalities need to work with provincial and national government, especially in areas where their functions overlap, in much more effective ways than is currently the case. A key task in the partnership approach is empowering communities and community organisations to engage effectively in the development process and to address community needs.
Ward committees appear to have experienced more difficulties than subcouncils in getting off the ground. These difficulties have largely flowed from the method chosen to elect ward committees, with some municipalities conducting full-blown ward-wide elections and others electing their committees at ward public meetings.
Municipalities which are establishing ward committees are not finding the process easy. There is no clarity about what they need to do to constitute ward committees. How do they put them together? How do they structure and organise them? How do they empower community institutions and residents to participate in them? The hon the Minister and his department can play a very important role here, and I welcome his announcement that there will be capacity-building specifically around the ward committees and community empowerment.
The third challenge is best value services. The primary responsibility of municipalities must still be to ensure the provision of high-quality municipal services to both the residents and commercial and industrial enterprises. Municipal policies must always be aimed at ensuring that services are affordable to poor households, taking into consideration that all citizens should have access to a guaranteed package of services which is in line with applicable national standards and which should at least include water and sanitation, electricity, refuse removal and access to their residences.
The merging of the two programmes of CMIP, the Consolidated Municipal Infrastructure Programme, and the Local Economic Development Fund so as to have a co-ordinated approach is welcome. The allocation to CMIP has increased from R1 billion to R1,7 billion this year, an increase of 71%. The LED Fund has funded 186 projects to the value of R186 million and I congratulate the Minister on that. The department has identified over 80 new projects for the 2002-03 financial year and allocated R99 million.
The fourth challenge I would like to refer to is financial sustainability. Municipal reserves have declined significantly over recent years. There is also uncertainty regarding the future of a number of income streams including electricity surpluses and the RSC levy, which are potentially subject to national change. Ensuring financial sustainability will require from all spheres of government a range of proactive measures that substantially increase the financial strength of municipalities, including maintaining and expanding income streams through maintaining the integrity of the rates base, improving credit control and securing additional sources of finance.
The pro-poor policy aimed at indigent households must be adopted throughout all municipalities. This policy must ensure that subsidies reach the people who need them and that the unnecessary hidden subsidies are eliminated. Here the department can play a very important role in guiding and building the capacity of local government.
Groot uitdagings wag op die Minister en sy adjunkminister en op sy departement. Die transformasie van plaaslike regering sal hierdie jaar ‘n verdere stap vorentoe gevat moet word. Ek weet dit sal gedoen word. Sekere sleutelposte sal so gou doenlik in die departement gevul moet word om reg te laat geskied aan die implementering van die begrotingsplanne.
Aan die Minister, die adjunkminister, die voorsitter van die portefeuljekomitee en die lede van die komitee - en in die besonder ook aan Llewellyn Brown - en die amptenare wil ek baie dankie sê vir die ondersteuning. Die Nuwe NP wens die Minister geluk met ‘n baie goeie begroting en ondersteun dit graag. [Applous.] (Translation of Afrikaans paragraphs follows.)
[Major challenges await the Minister and his Deputy Minister and his department. The transformation of local government will have to be taken a step forward this year. I know it will be done. Certain key posts in his department will have to be filled as soon as possible to do justice to the implementation of the budget plans.
To the Minister, the Deputy Minister, the chairperson of the portfolio committee and the members of the committee - and also especially to Llewellyn Brown - and the officials I want to extend my deepest gratitude for their support. The New NP congratulates the Minister on a very good budget and gladly supports it. [Applause.]]
Mr B M SOLO: Chairperson, hon Minister S Mufamadi and Deputy Minister Comrade N Botha, hon members of Parliament and Deputy Chairperson, a lot has already been said about the budget. I will avoid repetition. My input is on the system of provincial government, which, of course, is part of intergovernmental relations.
Under Vote 5, the department states that its aim is:
To develop and promote a national system of co-operative governance; and to support the development of provincial and local government.
It goes further to list key objectives and programmes. One of the key objectives is:
To strengthen the institutions of provincial and local government … as well as intergovernmental relations, through appropriate policy interventions, the development of planning and implementation tools, and capacity-building.
This, in essence, means the need to strengthen the country’s system of intergovernmental relations. This process has begun with local government, where we see local government stabilising and maturing, particularly within matters of development. In this Budget Vote, we note the department’s emphasis on integrated governance to ensure improvements in planning, service delivery and development in all spheres of government. This we find to be very important to consolidate and strengthen systems of good governance, particularly at provincial level.
As such, the department has the task to ensure that certain tasks provided for by the Constitution are carried out. A lot has indeed been done at the level of local government, in terms of both policy and legislation. There are still a lot of challenges at the level of provincial government. These challenges revolve around the provision of services through provincial structures, provincial competencies and cross-boundary municipalities. Our focus, therefore, should be directed at improving our strategies to the extent that we are able to meet such challenges. This can be achieved, if we develop systems and mechanisms that can ensure the effective and efficient delivery of services.
The national Government is responsible for functions that cut across provincial boundaries. These include, but are not limited to, protection services, economic services and foreign affairs. However, there are other services that are concurrent, but fall within the province’s competence, and these include social security grants, housing, education, health and safety and security.
Whilst this is so, national Government retains responsibility for policy development, co-ordinating national mandates, monitoring and implementation within concurrent functions.
For all these to be achieved, the department has to develop basic norms and standards for all spheres of government. As such, appropriate consideration should be given to reviewing the boundaries of provinces in order to deal with the difficulties posed by cross-boundary municipalities, for example, in the Tshwane metropolitan council and the Nkungwini local municipality in the Metsiding district municipality.
The department has committed itself, as part of its programmes, to support provinces and manage the interface between good governance and sustainable development. We would therefore like to see the department play an active role in providing the relevant support, particularly to provinces that are more rural.
The department needs to examine the capacity of provinces and assist those provinces that have difficulty meeting their obligations. We should not pretend that all is well and good. We are not suggesting interference with the autonomy of provinces, but that issues of national importance, particularly service delivery to the poor, should receive priority.
One issue that does not seem to be coming out clearly is around the area of information sharing, co-ordination, monitoring and implementation. I am of the view that significant attention should be given to this aspect. We cannot allow the deepening of inequality, with our people living in poor or underdeveloped provinces. Systems should be developed to ensure innovation of capacity and resources so that we can be assured that all South Africans, irrespective of their geographical situation, have access to basic services. According to the Division of Revenue Act of 2002 the provincial infrastructure grant grew from R800 million to R2,9 billion in the 2004-05 Budget.
The department transfers two grants to provinces, and these are local government capacity-building grants aimed at supporting smaller municipalities, and the Consolidated Municipal Infrastructure Programme.
In essence, Government provides the necessary financial resources to provinces to execute their constitutional obligations. We need to examine the constraints for the seemingly slow delivery.
Ngalesi sabelo sezimali uHulumeni uzama ukusiza ohulumeni bezifunda kanye nohulumeni basemakhaya ukuze babonakale bebambe iqhaza elikhulu ohlelweni lokusiza, ikakhulukazi abantu bakithi abadla imbuya ngothi ngokuthi uHulumeni aphinde enyuse izinga lomnotho, aqede nokwentuleka komsebenzi.
Okunye okwenziwa yilo Hulumeni wethu uhlelo lokufeza izimfuno zokwelekelela umphakathi nokwenza ngcono ezenhlalakahle ngomgomo wohlelo lukaHulumeni ngenhloso yokunciphisa ububha kanye nokwakha izinhlelo zokudala imisebenzi. Uma kungadaleka imisebenzi, izakhamizi zaseMzansi Afrika yonkana ziyokwazi ukusizana futhi zilwe nobugebengu bese sisebenzela impilo engcono yethu sonke. (Translation of Zulu paragraphs follows.)
[Through this budget, the Government is trying to assist provincial and local governments so that they can play a major role in creating assisting programmes, especially for our people who are poor. This will be achieved if the Government increases the economic levels and abolishes unemployment.
Another thing that our Government has created is a programme that will fulfil the needs; that will assist communities and improve health through a Government programme aimed at decreasing poverty and creating jobs. If jobs can be created, South African citizens will be able to assist one another and fight crime. From that point on we will all fight for a better life for all.]
We are looking forward to the formulation of legislation that will give better clarity on principles of co-operative governance, definition of procedures, systems and other issues, including the whole question of intercommunication, to ensure uniformity, which will help us.
Njengoba sakhe amazinga amathathu kuHulumeni, abasemakhaya, abezifundazwe nohulumeni ophezulu sizama ukuthi kube khona indlela yokusebenzisana. Kodwa asiphakamisi ukuthi senze amavila amathathu, u-angazi, akusiyimi no- angikhathali. (Translation of Zulu paragraph follows.)
[Since we created three levels of government, the local, provincial and
national levels, we have been trying to find a way of co-operating among
ourselves. We were not trying to create three levels of laziness, the I do
not know', it’s not me’ and `I do not care’.]
We need to do things in a different way as responsible, patriotic South Africans. We need to move one step further and lend a hand, not only for salaries, but to ensure the creation of a caring society so that we are able to push back the frontiers of poverty, as the President stated. At the end of the day what we are doing is to help ``lift from the shoulders of our people the intolerable burden of poverty and underdevelopment’’, to quote the President.
Ms R M SOUTHGATE: Chairperson, hon Minister, the strategic objectives of the transformation process of local government will never be realised. The fact that the crossing of the floor will be taking place during its five- year term makes it a difficult task for municipalities to stabilise and consolidate.
The high rate of arrears and debt aside; inefficient services and the nondelivery of services make local government unsustainable. Integrated development programmes that have been set in place in some municipalities will probably be changed owing to this legislation, and new plans will be drawn up, causing longer delays and frustrating communities further. A primary role of local government is to enable communities to achieve their objectives. Leadership capacity and community partnerships are key factors for building local infrastructure. Effective local government exerts the right influence on the social and economic dimensions of its surrounding communities.
The budget for local government will enjoy a real increase of 24% and 39% over the 2002-03 and 2003-04 financial years. The focus of Government is thus, clearly, on enhancing the capacity of local community services.
Why is it, then, that still too many communities do not enjoy the benefits from central Government’s budgetary allocations? The problem must lie somewhere in the manner in which the budget process works.
The authorisation of the powers and functions of local government is still too weak to effect meaningful negotiations on the terms of its budgetary requirements. The local sphere of government is still too reliant on the policy dictates of higher spheres of government on how to run local affairs.
It is the task of local authorities to take moral ownership of their obligation to govern in the interest of their communities. In this regard we hope that the national Infrastructure Investment Framework will help towards developing an appropriate strategy to identify and address such problems.
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon member, your speaking time has expired.
Ms R M SOUTHGATE: The combined influence of the Consolidated Municipal Infrastructure Programme and the Local Economic Development programme will be responsible for developing these appropriate strategies and programmes. [Time expired.]
Ms M C LOBE: Modulaqhowa, ngangisano ena ya rona e nka sebaka ka nako eo setjhaba sa rona se kgolang ditholwana tsa lenane la mmuso la ho fedisa meedi, eo e neng e entswe ho latela kgethollo ya mmala. Ke motlotlo hore setjhaba se kgola ditholwana hobane, motsotsong ona, meedi ya mebuso- selehae e kopantse batho ba merabe le mmala yohle, ka tlasa tsamaiso e lenngwe, mohloding o le mong wa lekgetho, tshebeletsong e lenngwe mme e tshwanang ya ditshebeletso. Taba ya bohlokwa ke ya hore, tsamaiso ena e bapala karolo e hlokolosi mabapi le potlakiso ya diphetoho dibakeng tseo mmuso wa kgethollo o neng osa di kgathalle.
Ke buwa ka dibaka tse kang Botshabelo, Motse-Thabong jwalojwalo, moo menyabuketso ya puso ya bohanyapetsi e leng pepeneng. Ka la 10 Phupjane 2002 mmuso selehae wa Mangaung mane ho la Foreisetata, o ne o shebisana ka lenane la ditjhelete. Mme sena se etsahala ka mora mosebetsi o moholohadi wa ho nonya setjhaba maikutlo ka motjha o bitswang IDP, e leng lenaneo le momahaneng la tswelopele. Sena se a bontsha hore ha mmuso selehae o sebetsa hantle le setjhaba, ha e yo ntho e ka emang pakeng tsa bona. Etswe Mosotho ore ``ntjapedi ha e hlolwe ke sebata’’.
Ke batla ho sebedisa monyetla ona ho lebohisa Mangaung ka mosebetsi ona o motle, mme ke ya bona hore na hobaneng ha lefapha la ditjhelete le ile la kgetha Mangaung e le e mong wa boMasepala ba utlwisisang le ho tsamaisa ditjhelete ka theko. Ke ba lebohisa hape ka ho hapa kgau ya bohlweki porofensing ya Foreisetata. Ke re halala Mangaung! halala! [Ditlatse.] Ke ba lebohisa tjena hobane ha se nnete hore boemo ba ditjhelete mebuso selehaeng bo mathateng. Ka tsela ena eo e leng hore mebuso selehae, ha e utlwisise letho ka tsamaiso ya ditjhelete.
Nnete ke hore, boemo ba tsamaiso ya ditjhelete mebuso selehaeng, bo fetohile haholo. Ho na le kgatelopele e tshepisang, feela he, re tlameha ho etsa bonnete ba hore re tshehetsa le ho sebedisana mmoho le mokgahlelo ona wa mmuso, mabapi le ntjhafatso ya metjha ya ditjhelete. (Translation of Sotho paragraphs follows.)
[Ms M C LOBE: Chairperson, this debate takes place at a time when our people are enjoying the benefits of the Government’s programme of doing away with boundaries which were developed in accordance with discrimination in terms of colour. I am proud to say that people are benefiting because right now local government boundaries have brought people together from all racial groups under one administration and the same source of finance, and the same management in providing essential services. The most important thing is that this administration has a very crucial role to play in the process of speeding up transformation in places which the apartheid government didn’t bother to develop.
I am talking about places such as Botshabelo, Motse-Thabong and so forth, where the chaos of the tyrant government is evident. On 10 July 2002 the Mangaung local government in the Free State was assessing the budget. This happened after research was conducted within the community, seeking to get the people’s opinion on the IDP programme. This shows very well that the local government is working in harmony with the community. Nothing separates them. A Sesotho idiomatic expression says: `` ntjapedi ha e hlolwe ke sebata’’, ie any job can be done perfectly by a team of people, working together in harmony.
I would like to take this opportunity to congratulate Mangaung on a job well done. And now I can see the reason for the Department of Finance to have chosen Mangaung as one of those municipalities that understand and manage their finances accordingly. I further congratulate them for having won the prize for cleanliness in the Free State province. Well done, Mangaung, keep it up! [Applause.]
I congratulate them so much, and I appreciate the fact that it is not quite true that local governments are faced with a financial crisis to such an extent that they are perceived to be incompetent in managing their finances.]
The success of the new system of local government depends on the fundamental review of the local government financial system, which includes the fiscal powers and functions of district and local municipalities, the local government equitable share of national revenue, property rates, intergovernmental grants and other sources of revenue.
We welcome the ongoing process of consolidating the grant stream into a few simplified and rationalised grants. These grants will be divided into three clusters, namely the equitable share grant, the capital grant and the capacity-building and restructuring grant. These reforms will not only make the grant system more understandable to users and stakeholders, but will also lower compliance and administration costs, thereby allowing managers and administrators to concentrate their efforts on accelerating delivery.
At the moment grants to municipalities have been allocated on a one-year basis. Of course, municipalities are notified of their grant closer to the start of the financial year. There is still not enough predictability in the flow of grants, which makes it difficult to enhance project planning. Clearly, there is a need to give municipalities a three-year allocation to accommodate some of these issues.
The introduction of an output approach to defining the purpose of a grant and assessing municipalities’ performance in spending the grant is in line with the Local Government: Municipal Systems Act. For example, a capital grant’s output can be defined by setting targets on a number of indicators, such as infrastructure, etc. This approach will give municipalities more discretion in spending their grant, thereby allowing for more effective spending. Most of these issues are comprehensively captured in the Local Government: Municipal Finance Management Bill, which is before Parliament now.
We also appreciate the increase in the local government transfers. The financial year 2002-03 sees the continuation of a trend started in 2001-02, of a sizeable increase in the amounts transferred to municipalities from the previous year’s allocation and from previous MTEF baseline allocations. If we compare the increases in the sphere’s allocation from the nationally collected revenue from the revised Budget for 2001-02, it is clear that local government’s total share is increasing at a much faster rate than that of other spheres. However, it must be noted that the provision of free basic services is now linked to the equitable share and, therefore, the increase in this regard is, clearly, linked to this important issue.
During last year’s budget debate we raised a concern around the gap in the salaries and allowances of full-time and part-time councillors. Whilst acknowledging the effort by the department to close this gap, we feel, however, that there is a need to review this issue, taking into account the fact that the majority of ward councillors work on a part-time basis and are expected to service vast wards, especially those in rural areas. We must develop mechanisms for supporting councillors in executing their responsibilities. I hope the Minister will be able to address some of these issues.
Modulaqhowa, e re ke sebedise motsotso ona , ho leboha mebuso selehae ka mosebetso o babatsehang oo ba tswelletseng ho o etsetsa baahi ba Aforika Borwa. Haholoholo ha re sheba diphepetso tseo ba tjamelaneng le tsona, tsa ho lwantsha bofuma le ho potlakisa diphetoho tse tla netefatsa bophelo bo botle ho bohle. Ke batla hore ho baahi ba Aforika Borwa, hangata ho bobebe ho motho ya sokang a tseba bothata kapa boima ba ho tsamaya a se na seeta, ba ho robala a sa ja, ba ho se be le tjhelete, le ya horeka le ha e le halofo ya lofo ya borotho, hore a bue jwaloka mofumahadi kapa mohlomphehi Gloria mona, hobane ha a utlwisise hore na ha motho a se na tjhelete ya ho reka borotho, na o ka fumana kae tjhelete ya hore o etse tsena tsohle tse ntle tseo a seng a buile ka tsona tsa ho patala ditshebeletso jwalojwalo.
Ke kopa hore kamoso ha a bua ka taba ya ho se patale ditshebeletso, a e kopanye le bothata ba bofuma, boo e leng hore ha se bothata feela ba mokga ona wa bongata. Ke bothata ba rona jwaloka basebeletsi ba setjhaba kwano Palamenteng. E re ke di behe mohatla kgwiti, hobane ke ya bona jwale hore ditwebanyana ke se ke batlile ho di ntsha ka mokoting ka ho bua taba tseno. Etswe kgomo ha e ke e nye bolokwe kaofeela, e ka ya ha Mmamaotwana- finyella. Ke a leboha. [Ditlatse.] (Translation of Sotho paragraphs follows.)
[The status of financial management at local government level has improved tremendously. There is promising progress. But we still have to make sure that we support and co-operate with this division of government with regard to the renewal of financial resources. Chairperson, allow me to use this opportunity to thank the local governments for the ongoing service which they provide to the citizens of South Africa, more especially when we look at the challenges with which they are faced pertaining to the eradication of poverty and the speeding up of the changes which will ensure a better life for all. I would like to say to South African citizens that it is always easy for a person who has never experienced the pain of walking around barefoot, sleeping on an empty stomach, having no money - not even enough to buy a loaf of bread - to speak as the hon Gloria is speaking now. It is because she doesn’t understand the theory of a person who does not even have money to buy bread, having money to do all these things of which she has already spoken, ie being able to pay for services and so forth.
I would like to ask her that in future, when she talks about the issue of not paying for services, she must treat it in conjunction with poverty, which is not the problem of the majority party only. It is a problem which faces all of us, as public servants here at Parliament.
I would like to stop right here, because I am aware now that on hearing me uttering these words, little mice are beginning to peep through their holes out of curiosity. And, of course, it is not wise to be monotonous; more will follow on this issue in due course. I thank you. [Applause.]]
The DEPUTY MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT: Chairperson, Comrade Minister, members of Parliament, comrades and friends, I joined the Ministry of Provincial and Local Government about a year ago.
At the time, the new system of local government was only six months old. Municipalities had new boundaries, a completely new system to deal with, and, moreover, the councillors were also new to the system. The department itself was in the process of restructuring, and was understaffed - about 60 vacancies still had to be filled. The department and the Ministry have since embarked on a process to better integrate their work and adopt a common team-based approach to tackling the mandate of the Ministry and the Department of Provincial and Local Government.
During this challenging period, Cabinet further tasked the department with responsibility for the Integrated Sustainable Rural Development Programme and the Urban Renewal Programme, necessitating, even more importantly, the integration imperative.
The department has done a lot of commendable work and hon members have probably heard this from previous speakers as well. But the key challenge now is to focus in a particular direction. Keeping focus therefore during this period of transition and transformation means reconnecting firmly the primary mandate of the department, which is derived from our Constitution, legislation and Cabinet decisions.
Specifically, therefore, the mandate of the department is to develop and monitor the implementation of national policy, legislation and regulations in functional areas which affect provincial and local government and which affect traditional leadership, seeking to transform and strengthen institutions of governance to fulfil their developmental role; secondly, to develop, promote and monitor mechanisms, systems and structures to enable integrated service delivery within Government; and, thirdly, to promote sustainable development by providing support to provincial and local government.
The strategic plan of the department operationalises this mandate for the MTEF for the peroid 2002-05. This plan is informed by various resolutions taken by Cabinet, including the Cabinet lekgotla of January 2002, the President’s state of the nation address of this year, as well as various resolutions adopted by the President’s Co-ordinating Council.
The primary orientation of the strategic plan is the adoption of a proactive approach to working with provinces and municipalities, which will entail providing them with direct support in all areas of need.
The portfolio committee in its report states that the strategic plan provides a clearer form and structure for the department’s programme and activities for the committee’s oversight role. The committee, however, feels that the strategic plan needs to be more specific, especially in terms of measurable objectives and outputs.
The plan should also be more explicit on how the department’s work contributes to the key goals of Government as a whole, including economic growth, job creation, development and redistribution. We view this critique in a constructive manner, and we will definitely work towards improving it.
To complement this orientation, the department has gone further to create partnerships with external stakeholders in order to strengthen our programmes. Our department continues to promote partnerships for development. Government, civil society, the private sector and communities need to work together to promote and bring about sustainable development. In this way, enduring partnerships have developed.
As an example, many organisations and institutions are currently providing support to the Ministry and the department. Some of these institutions include the EU, the GTZ, the Independent Trust - IDT - the Department for International Development of the UK, the Netherlands government, the CSIR, Epa Development (Pty) Ltd, various academic institutions and the World Bank. Some of these organisations have seconded specialists and experts to the department. We would like to thank all these organisations for their continued assistance and support.
The strategic plan puts a special emphasis on three key focus areas, namely integrated governance, provincial and local government support, and strengthening the corporate capacity of the department. For the department, integrated governance is specifically focused on strengthening the relationships between the various spheres of government, primarily to promote the objective of developmental local government.
This represents a new style of governing that consciously involves civil society partners, communities, the private sector and relevant stakeholders. The branch we call Governance and Development is uniquely positioned to give effect to this key focus area. Some of the key programmes managed by this branch within the department are the Integrated Sustainable Rural Development Programme, the Urban Renewal Programme, the local economic development programme, the CMIP - the Consolidated Municipal Infrastructure Programme - the Integrated Development Planning programme and the municipal service partnership.
The second key focus area centres on the strengthening of provincial governments and consolidating the transformation of local government. This is crucial to improving service delivery and sustainable development. This branch, called Institutional Reform and Support, is directed at facilitating the fulfilment of the objectives of this key focus area.
Key programmes managed by this branch include capacity-building for local government, disaster management, local government performance management and local government equitable share. With particular reference to disaster management, a number of activities are being undertaken. A National Disaster Management Centre was established in the department in anticipation of the enactment of disaster management legislation.
The centre specialises in all matters related to disaster, with specific emphasis on the principles and on the prevention and mitigating of the consequences of disasters. The centre has played a vital role in bringing relief to people who suffered as a result of the floods on the Cape Flats in 2001.
We would like to express our thanks to Denel, who donated R100 000 as relief for the people affected. Other examples include the effective intervention during the runaway fires in the Kruger National Park last year. A month ago the centre played a vital role in bringing relief of more than R1,2 million to victims of the train tragedy in Mozambique. Hon members probably also heard about this in the media.
Currently, the centre is playing a pivotal role in the co-ordination of the logistical aspects of bringing food relief to a number of SADC states. The World Food Programme approached the centre to make its facilities available in order to co-ordinate the logistics of distributing maize through the various identified corridors, Durban being the main corridor. In order to achieve the aims of integrated governance and provincial and local government support, the department is currently putting in place a programme to strengthen its own capacity. This includes developing skills and competencies of staff and changing its organisational culture. This branch, called Support Services, is working specifically on realising these objectives of this key focus area.
In each of these focus areas our programmes require integration across Government. This is a challenging task. We have been working with provinces, local government and national departments to bring about what we truly regard as integrated service delivery.
A key pillar of accelerating service delivery is the ward committee system. Through ward committees, the country is witnessing participatory democracy in practice. And by supporting ward committees, we are ensuring that we bring governance and service delivery closer to our people.
We invite all our people to support ward committees and to participate actively in the development programmes initiated by municipalities. In particular, we invite members of Parliament to engage with ward committees and members of ward committees in their own constituencies.
In conclusion, I wish to take this opportunity to thank the Portfolio Committee on Provincial and Local Government - as well as the select committee in the NCOP - for the detailed and extensive report the portfolio committee tabled before this House on 10 June. I can assure the committee that the Ministry and the department will meet soon to consider the report, and we will ensure that appropriate action is taken. The report outlined some of the key challenges faced by our country generally and by our Ministry and department in particular.
Local government transformation remains the key and primary challenge. As we do planning and prioritisation for the year 2002-03 and beyond, the support of the committee, which is available to all members, will be one of the key instruments we will have recourse to.
We have been without a director-general for about five and a half months now. Accordingly, we have shortlisted candidates for the post and we will be conducting interviews soon. We would like to thank the outgoing DG, Mr Zamindlela Titus, affectionately known as ``Zam,’’ for his invaluable contribution. He has served the department as the DG for the past five years and has now been redeployed to serve as a special adviser to the Ministry.
This redeployment has improved the quality of interface between the Ministry and the department. Under the leadership of Zam, the department has been awarded several awards. These include winning three categories of the Southern African Institute of Government Auditors’ annual public sector reporting awards for best reporting practices, for examples of excellent financial communications, and for adherence to accounting standards. I am wondering why hon members are not applauding. [Applause.]
An HON MEMBER: We are getting tired.
The DEPUTY MINISTER: I can see that. Saiga gold and platinum awards were also given. Another award given was the Impumelelo Award for service delivery based on the Consolidated Municipal Infrastructure Programme. The department received this award for the second year in succession. [Applause.] Equally, I would like to thank the entire staff for their dedication and for working tirelessly to carry out the developmental mandate of the Ministry and the department.
We would also like to thank members of Parliament who have been interacting with the department and the Ministry, the parliamentary committees, other departments, the President, the Deputy President, and our colleagues the Ministers, Deputy Ministers and the MECs for local government for their continued support and guidance. [Applause.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! I trust that the hon Bloem is using his considerable energy to help the Chair preserve good order in the House. [Laughter.]
Mr P J GROENEWALD: Chairperson, I want to thank the hon the Deputy Minister for waking up hon members for my speech.
The hon the Minister referred to the issue of municipal debt. I listened very carefully to what he said. I want to start by saying that there is a tendency amongst the ANC Government and hon Ministers, the moment they do not know how to solve a problem and do not have a solution to the problem, to blame it on apartheid. It is always apartheid, apartheid … [Interjections] … but, I want to say to the hon the Minister, the ANC has already been in Government for eight years. [Interjections.] Let me put the record straight. As far as municipal debt is concerned, in 1993-94 there was an agreement between the then President, Mr F W de Klerk, and President Nelson Mandela that municipal debt would be written off, as indeed happened. The debt was written off.
Therefore I want to know from the hon the Minister what steps exactly he is going to take to ensure that he curbs the aspect of nonpayment for services. [Interjections.]
Ek het verlede maand vir die agb Minister gevra wat die onderskeie bedrae vir die provinsies is rakende uitstaande skuld. Die totale bedrag wat die agb Minister genoem het was R22 miljard. In die geval van Noord-Wes het die agb Minister in sy antwoord gesê dat die uitstaande skuld aan die einde van 2000 R517,5 miljoen was. Maar hy het gesê dat dit aan die einde van Desember 2001, in die geval van Noord-Wes, afgeneem het na R265 miljoen.
Verlede week is die begrotingspos van die LUR, Mnr Darkie Africa, in Noord- Wes gevoer. Mnr Darkie Africa het ander syfers genoem. Volgens sy toespraak was die uitstaande skulde R833 miljoen aan die einde van Desember 2000, en teen die einde van Desember 2001, was dit R1,06 miljard, dit net in die geval van Noord-Wes.
Hoe is dit moontlik dat die Minister kan sê die uitstaande skuld is R265 miljoen, terwyl die agb LUR in Noord-Wes sê dit is R1060 miljoen? [Tussenwerpsels.] Die agb lid sê hy het nie mooi geluister nie. Hier is ‘n afskrif van die agb lid se toespraak, en hier is ‘n afskrif van die agb Minister se antwoord. Die agb lid kan dit gaan lees.
Die feit dat die agb Adjunkminister nie eers weet van hierdie syfers nie verklaar die chaos in die Departement van Plaaslike Regering. [Tussenwerpsels.] Ek eis, namens die VF, dat òf die Minister, òf die LUR, Mnr Darkie Africa, bedank, want hy is besig om die publiek daar buite te mislei. Hy gee nie korrekte feite oor aspekte wat van uiterste belang is vir plaaslike regering nie. [Tussenwerpsels.]
Die probleem van die nie-betaling van skulde kom al ‘n lang pad saam met die ANC. Die ANC het die kultuur van nie-betaling geskep deur middel van hulle burgerlike verenigings. [Tussenwerpsels.] Dit is die Minister se plig en verantwoordelikheid om weer ‘n kultuur van betaling te skep. [Tyd verstreke.] [Tussenwerpsels.] (Translation of Afrikaans paragraphs follows.)
[Last month I asked the hon the Minister what the respective amounts for the provinces are concerning debt. The total amount mentioned by the hon the Minister was R22 billion. In the case of the North West the hon the Minister stated in his answer that the outstanding debt was R517,5 million at the end of 2000. But he said that at the end of December 2001, in the case of the North West, it had decreased to R265 million.
Last week the Budget Vote of the MEC, Mr Darkie Africa, was dealt with in the North West. Mr Darkie Africa mentioned other figures. According to his speech the outstanding debts were R833 million at the end of December 2000, and at the end of December 2001 they were R1,06 billion, and that only in the case of the North West. How is it possible that the Minister can say that the outstanding debt is R265 million, while the hon MEC in the North West says it is R1060 million? [Interjections.] The hon member says he did not listen properly. Here is a copy of the hon member’s speech, and here is a copy of the hon the Minister’s answer. The hon member may read them.
The fact that the hon the Deputy Minister is not even aware of these figures explains the chaos in the Department of Local Government. [Interjections.] I demand, on behalf of the FF, that either the Minister or the MEC, Mr Darkie Africa, resign, because he is misleading the general public. He is not
supplying the correct facts regarding aspects which are of cardinal importance for local government. [Interjections.]
The problem of not paying debts has come a long way with the ANC. The ANC created this culture of not paying by means of their civic associations. [Interjections.] It is the duty and the responsibility of the Minister to once again create a culture of paying. [Time expired.] [Interjections.]]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order!
Mr B M KOMPHELA: Mhlali-ngaphambili, ndize kumxelela; ndize kumncokolela lo mLungu namhlanje. [Chairperson, I have come to him; I have come to have a conversation with this white man today.]
Mr Chairperson, it is a pleasure for me again to share in this budget debate. But I think I am going to indulge in …
… wat die agb lid Pieter gesê het as ek klaar hieroor gepraat het. Miskien is sy feite heeltemal verkeerd. Hy moet die regte feite oor die onderhandelinge tussen oud-Presidente Mandela en De Klerk oor die afskrywing van die skuld gee. Hy moet vir die publiek sê watter tipe skuld afgeskryf is. Dit is nie net nie-blankes se skuld wat afgeskryf is nie! [Applous.] [Tussenwerpsels.] (Translation of Afrikaans paragraph follows.) [… the remarks by the hon member Pieter once I have dealt with this. Maybe his facts are altogether incorrect. He should convey the real facts about the negotiations between former Presidents Mandela and De Klerk regarding the writing off of the debt. He should tell the public what type of debt was written off. It was not only the debt of nonwhites that was written off! [Applause.] [Interjections.]]
If I am hungry I am not going to care about a bird that is endangered. I will eat it if I can. Nor will I worry about whether or not to chop down a tree to keep me warm if I am getting cold. Poverty is the single biggest challenge to sustainable development. If we fail to address poverty, sustainable development becomes just another word. [Interjections.]
In the period 2001 to 2002 and in this financial year the national Government prioritised the funding of infrastructure development, in particular the integrated development programme. The Urban Renewal Programme and the Integrated Sustainable Rural Development Programme are the key things that Government has placed priority on. The local government equitable share has been increased to allow for prioritisation of the areas identified as nodal points for local government economic growth.
The Department of Provincial and Local Government has the most challenging task of co-ordinating the implementation of the Urban Renewal Programme and the Integrated Sustainable Rural Development Programme. A clear mandate was given to the ANC to tackle the legacy of apartheid. We must talk about apartheid. We must not be shy about apartheid. Apartheid was there from 1948 up until 1994, a lifetime of 50. Yet the expectation is that the ANC must eradicate that in eight years’ time. That would be a miracle. [Applause.]
The apartheid government did not empower our people to embark on development initiatives to realise their creative potential. Today we are sitting with weak municipalities which remain a major constraint to sustainable development as a result of policies which the hon Groenewald was part of during that period. [Interjections.]
Mr G B D McINTOSH: Even the Transkei.
Mr B M KOMPHELA: The hon McIntosh is right, because even in the case of Transkei the hon members were part of perpetuating poverty there.
Indeed, one of South Africa’s major challenges is to strengthen capacity to govern and to develop municipalities. There is also an urgent need to implement far-reaching reforms and programmes in many municipalities. That we acknowledge. That is the task which is facing us.
Mr Chairperson, I want the hon Groenewald and hon Mulder to listen. The period between 1948 and 1994 will go down in history as decades of unevenness and underdevelopment of our people. Today the hon member expects us to be shy and not say that we are tackling this deliberately in order to bring about a balance between the haves and the have nots. We must do that. [Interjections.] As public representatives what do we do to lift the masses of our people from poverty? I think that is a question we all, including the hon member, must ask ourselves. What do we do to assist in tackling the poverty that one sees every day? [Interjections.] That is the question that we have. We must tell each other the truth. [Interjections.]
Mnr P J GROENEWALD: Mnr die Voorsitter, op ‘n punt van orde: is dit aanvaarbaar en parlementêr dat ‘n agb lid na my verwys asof ek deel was van die vorige regering, hoewel ek nooit vir die NP gestem het nie? [Tussenwerpsels.] (Translation of Afrikaans paragraph follows.)
[Mr P J GROENEWALD: Mr Chairperson, on a point of order: Is it acceptable and parliamentary for an hon member to refer to me as if I had been part of the previous government, although I never voted for the NP? [Interjections.]]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! It is not a point of order. Hon member, you may proceed.
Mr B M KOMPHELA: The architects of those disparities also have a responsibility to assist in constructing what they destroyed over the years. They have a responsibility.
It is true that the urban areas are vanguards of the centres of economy while the rural areas constitute the rear vanguard. But the ANC Government is making significant strides to bridge the gap by creating a sustainable livelihood in the rural areas. This year’s allocation increased by 65% and that to the urban nodes by 35%, and this shows a deliberate shift to developing the rural areas. Sixty-five percent is a deliberate move to improve the lives of those people who were placed in the homelands. The department also has a responsibility to make sure that the local economic development becomes something which our are people able to live on. Therefore we need to encourage people in this regard.
I think I must respond to some of the things which I do not think the hon the Minister, Sydney Mufamadi, will himself bother to talk about. With regard to De Klerk and former President Mandela’s World Trade Centre agreement, some hon members were not there, but we were there because we were interested as we were the people who were impoverished at that time. That agreement was about the writing off of debts in the Rand. There were huge debts for electricity and other things that we could not accommodate, and they were not part of the statute to be written off. I want them to tell the people that it is not just a blanket writing off of debts which the hon member is singing about today. It was a very strategic and systematic approach. We were among the signatories to that agreement. [Interjections.]
With regard to the other hon members, I think I have a lot of respect for
the hon Borman. I have a lot of respect for her, but if one day she wakes
up and says I want to go and live in a squatter camp which has no
resource whatsoever,'' she will regret that day and will not ask, When
are our people getting water? When will our people get electricity? When
are our people getting clinics and roads?’’ and say ``The local government
is in a state of anarchy’’. [Time expired.] [Applause.]
Mr I S MFUNDISI: Mr Chairperson and hon members, the department has, amongst its functions, the awesome responsibility of strengthening institutions of provincial and local government and traditional leaders. The allocation to Programme 3 - Institutional Reform and Support has been increased by 25,8% in the current financial year and accounts for 68,6% of the total expenditure estimate of the year under review.
The inability to resolve the question of traditional leaders will hang around this department like an albatross. Thus far traditional leaders have yet to find joy in the way the department handles their affairs. On the one hand it has not been possible for Government to spell out clearly what role traditional leaders should play in the municipal councils and government in general, while on the other hand the department failed to spend R1,2 million on the implementation of the White Paper on traditional leaders last year. We have, however, taken note of what the hon the Minister said this afternoon on this matter and will watch the developments around it with great interest.
The department has since been incapable of performing as in total some R26 million was not spent under the Institutional Reform and Support programme. People roam the streets without employment while R4 million was not spent because posts are vacant. This is no surprise as the report of the President’s Co-ordinating Council indicates that some municipalities in seven of the nine provinces indicate that they have problems with institutional establishments. We hope that transformation in this field will be accelerated so that the department can catch up on this. All in all, R76 million remained unspent in the last financial year from all four programmes of the department.
It has also been very interesting to listen to the Minister saying how much the department has progressed and continues to in the IDPs. Evidence at our disposal proves the contrary. Whilst some municipalities are yet to appoint town managers, it is unfortunate that those that have pay these officials astronomical salaries which impact negatively on the average residents.
Disparities persist amongst municipalities. On paper, local government covers the country from wall to wall, but in effect in some places there is no whiff of any municipal powers and functions. Municipalities continue to perform badly and totter on the brink of collapsing, while dishonest councillors and officials enrich themselves, as is the case in Vryburg, where low-cost houses are used as spaza shops by some councillors. [Time expired.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon members, it was good to see the hon Komphela and the hon Groenewald shaking hands and preserving good relationships. [Applause.][Laughter.] It shows that hon members can engage in the cut and thrust of politics and yet maintain good relationships.
Mr A G LYLE: Chairperson, good governance, delivery of services and work ethic are inextricably linked to the degree or level of capacity. We therefore work from the premise that capacity-building must be a core component of most of our programmes as we govern our country. May I take this opportunity to dedicate my speech to those women and men who have volunteered to capacitate their fellow South Africans, in particular those comrades who were on Robben Island and in other prisons throughout South Africa. Some of the comrades who benefited from this selfless act under the most trying conditions are here with us today. My hon comrade, friend and father, Mr Diale, is a shining example. [Applause.] I want Comrade Diale to know that I treasure every minute I spent with him, telling me about his experiences on Robben Island. I will certainly pass this down to my children.
The Department of Provincial and Local Government is currently undergoing a process of restructuring. We are most delighted and we welcome the department’s commitment to strengthening its capacity-building programme. An internal skills audit has been finalised and the department is now developing an internal capacity-building programme. We wish the department success to this end.
The capacity of the department is integrally linked to the capacity of local government and the statutory bodies that are accountable to Government through the department. Any failure of the department’s capacity- building programmes will have a serious knock-on effect on the capacity of municipalities and, to an extent, of the provinces as well. It is the Department of Provincial and Local Government that is responsible for facilitating capacity-building and monitoring of provincial and local government. A nonchalant approach to capacity-building will surely impede the transformation of local government. This sphere of government is at the heart of transformation. We are making a radical move from the old order to the new - new in the sense that at the centre of our concept of developmental local government is the notion of a better life for all.
The local government legislative framework is extremely demanding on our new municipalities. Its interpretation and implementation require the necessary expertise. For instance, the Municipal Finance Management Bill will bear heavily on municipalities once it is put in practice. In this regard we expect this piece of legislation to make provisions not only for efficient financial management, but also for capacity-building for municipalities, especially around financial aspects. The success of local government rests squarely on the extent to which this sphere is imbued with the necessary skills.
To this end, we expect the SA Local Government Association and the Local Government, Water and Related Services Sectoral Education and Training Authority to be at the forefront of this project, building capacity at a local government level. In our report to Parliament, as a committee, we note that the area of capacity-building at local government level still remains a serious cause for concern. We are acutely aware that many municipalities have had to restructure because of amalgamation, and have had to respond to the demands of the new local government system. As a committee we are convinced that another contributing factor to the slow progress with capacity-building is the lack of co-ordination.
In our report we therefore recommend that the department should co-ordinate all stakeholders who provide capacity-building to local government and its structures. Salga should take the responsibility to build the capacity of councillors, while the local government Seta should offer technical training to personnel. We are of the view that, over and above technical capacity, both personnel and councillors need to be trained on political values of local government and of government in general. It is also important that training programmes include a component that encourages a particular work orientation in human resource training.
The central element in effective service delivery is about building capacity and utilising the available resources maximally. We need an approach to capacity-building that is outcome-based and that is aimed at producing visible results on the ground. Salga and the local government Seta have not lived up to our expectations in this regard. We believe that more could have been achieved. However, we take note of the restructuring that has been taking place in the Seta and that this may have slowed down progress.
We wish Salga and the Seta well in their endeavours. [Applause.]
Miss S RAJBALLY: Chairperson, Minister and Deputy Minister, I want to say that local government is a sphere of government which is very important. They are closer to the grassroots level and to the hearts of people, so they need our fullest support. [Applause.] The MF would like to take this opportunity to compliment provincial and local government on the hard work and dedication of the past years. The MF would also like to voice that it is aware …
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Is hon member Smith rising on a point of order?
Mr P F SMITH: I am, Chair. Chairperson, is it in order for a member allocated barely three minutes to spend two thirds of her time informing us of the name of her party which we are all aware of? [Laughter.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon member, that is not a point of order. Continue, hon member.
Miss S RAJBALLY: Chairperson, that is my prerogative. If the hon member was going to speak after me I would have taken a few minutes from him. The MF would like to voice that it is aware that provincial and local governments’ ability to deliver is notably shortened by the minimal funding made available. For instance, within the Kwazulu-Natal province the Aids problem is horrific, as has been noted by media lately. Further, sanitation and housing are detrimental to people within the province. Needs are innumerable and the ability to deliver is there, but funding is a problem.
It has to be firmly taken into consideration that although mechanisms and good working relations exist between the differing organs and levels of government, the ability to fulfil tasks is hindered by proper funding. Noting that the Constitution is supreme and the provisions made within it for concurrent national and provincial authority, provincial authority and then local government by-laws, it would be silly not to expect conflict. However, when it comes to the common aim to provide betterment for all South Africans and South Africa, it builds confidence to ensure delivery at the end of the day.
The MF supports the meeting of minds at all levels of government and seeks that provisions be made to service funding adequately at provincial and local levels so that delivery can be made possible. It is often misconstrued that provincial and local government fail at performing their duties due to retarded membership and their dedication to deliver but, unfortunately, it is not noted that funding is a major cause of nondelivery.
In view of the budget for provincial and local government the MF hopes that funding will be able to subsidise projects and programmes to fulfil communities’ needs more adequately.
The MF supports Budget Vote 5. [Applause.]
Mr J M NGUBENI: Chairperson, Minister, Deputy Minister and hon members, the new system of developmental local government, responsive to the needs of our people and encompassing the process of participatory democracy, slowly addresses the demands of the people as enshrined in the Freedom Charter. Of course, yes, people are governing. According to the Municipal Systems Act, community participation is no longer an option but it is mandatory and a law. Men and women in both rural and urban areas enjoy participatory democracy through ward committees and other structures in government.
This bears testimony to the most important principle in the Freedom Charter, that people are entitled to take part in the administration of the country and of councils that have been replaced by democratic organs of self-government. The President, during the state-of-the-nation address in February this year, emphasised the need to lift from the shoulders of South Africans the intolerable burden of poverty and underdevelopment. In fact, this budget of the department demonstrates the bold move towards a society free of poverty and underdevelopment.
Local government’s allocation of national resources increases by R1,6 billion for the year 2000-03, and by R2,6 billion for the following year, in real terms. These increases are large and significant in the fight against poverty. However, the scourge of poverty and underdevelopment is still with us. It is more prevalent and evident in African communities in particular. This is because of the legacy of the past. But, despite these problems, we are fortunately not in a hopeless situation. The new system of developmental and service delivery-orientated local government gives hope and realisable objectives. It is with pride and joy that men and women, the elderly and children are beneficiaries of the free basic services of electricity and water.
Municipalities have responded to this challenge of making a better life for all, for the poor and the marginalised millions of our people. The demands contained in the Freedom Charter are brought home, closer to the people. A clear indication of the department’s intervention in the fight against poverty and underdevelopment is demonstrated by the SIME projects of the financial year 2001-02. As a result of the 2 500 projects approved, 13 million men and women in both rural and urban areas benefited. More than 1 000 SMMEs were used.
Notwithstanding the difficulties in ensuring the speedy delivery of services, municipalities are contending with the imbalances within their councils and the infrastructure backlog that is predominant in black areas. However, what are encouraging are the budgets passed by municipalities across the country.
These budgets demonstrate that the ANC-led councils are systematically addressing the historical backlogs and service delivery. The budget passed by the Johannesburg Metro clearly demonstrates that it is transformative in nature and, for the first time, thousands of the residents of Johannesburg will be receiving new services.
It is also striking that the hon Gloria Borman came here, in front of us, and did not tell us that, during the apartheid days, her party once governed Johannesburg. [Interjections.] What we want to know is: What did they do about Alexandra? What did they do about Soweto? [Interjections.] In fact, she shouts like an actress here and forgets that today we are cleaning up their mess. They should be thankful to the ANC. [Applause.]
For instance, in the Free State, in other parts of the Mangaung council area, free basic services are provided. What is striking with that budget is that the historical backlogs in Botshabelo and Thaba-Nchu are simultaneously addressed with the provision of basic services. It is unquestionable that the ANC leads and governs with a vision and commitment towards a society free of poverty and underdevelopment. [Applause.]
Our system of local government is unique, responsive and anchored to strategic approaches that guarantee the future of a better life for all South Africans, in both rural and urban areas. Apart from service provision, South Africa’s fledgling democracy is facing a number of challenges such as striking the correct balance between human rights and, on the other hand, recognising the traditions and customs of the African people within a free democratic system of government.
These challenges are not solely for Government to resolve, but are challenges that beg wise men and women from all strata of society to genuinely engage in promoting and deepening democracy in our country. Traditional leaders today, through the Local Development: Municipal Structures Act, do participate in local municipalities. One of the department’s mandates is to develop a policy framework that will assist in the management of the affairs of traditional leaders. The department has managed to establish the National House of Traditional Leaders, which is functioning and has a full-time chairperson and a full staff complement.
It is also commendable that the National Khoisan Council has been established. It is true that there are areas of concern that were raised by traditional leaders, but it is not true that Government is not seriously attending to those issues. Maybe it is important for me to demonstrate that in all spheres of government there is a programme focused on resolving these areas of contradictions.
The concern that is centred around the administration of communal land is being given priority attention by the Departments of Agriculture and Land Affairs. Regarding the recognition of traditional courts, the SA Law Commission has already published a discussion paper on judicial powers of traditional leaders. The most contentious issue, with regard to powers and functions, is contained in the White Paper that the department is about to introduce to Parliament. It is therefore grossly irresponsible and careless to suggest that the ANC is insensitive to these matters.
Our struggle is underpinned by the selfless contribution of traditional leaders both in the ANC and the IFP. Though these issues are not yet fully resolved, the Department of Public Works has embarked on a programme of building chambers, which also include halls for kings, around the country. These chambers cost about R5 million each. Three projects have been completed in the Eastern Cape and two are at an advanced stage. Two are planned for Mpumalanga and Limpopo, respectively. This further demonstrates that the ANC is attending to the concern of traditional leaders with the sensitivity and seriousness that it deserves.
In conclusion, transformation has to result in an improvement of conditions for all South Africans, both poor and rich. But the system of local government that we currently have will be able to meet the challenges of the 21st century and bridge the diverse needs of the masses and, on the other hand, the middle and business classes. [Applause.]
Mnr C AUCAMP: Mnr die Voorsitter, die Departement van Provinsiale en Plaaslike Bestuur is opgesaal met ‘n enorme taak. Die hele kwessie van die verskillende vlakke van regerings, provinsiaal en veral plaaslik, is die verantwoordelikheid van die Minister. Gegewe die onlangse grootskaalse oorskakeling na die nuwe stelsel van plaaslike bestuur en al die groeipyne wat daarmee gepaard gaan, het die Minister meer as genoeg om hom mee besig te hou. Ons gaan netnou na hierdie punt terugkeer. (Translation of Afrikaans paragraph follows.)
[Mr C AUCAMP: Mr Chairman, the Department of Provincial and Local Government has been saddled with an enormous task. The whole issue of the various levels of government, provincial and especially local, is the responsibility of the Minister. In view of the recent large-scale changeover to the new system of local government and all the concomitant teething problems, the Minister has more than enough to keep him busy. We shall return to this point at a later stage.]
But let us state first what we think, especially about the issue of nondelivery and nonpayment at local level. Every year, the share of the national budget that is allocated to local government increases, and the AEB wants to support that. But the question arises: Are we not busy throwing money into a bottomless pit? Mismanagement at a local level has turned many local authorities into a state of de facto insolvency, with the issue of nonpayment being the prime reason.
No one can actually give the figure of outstanding municipal debt owed by consumers, but the figure has reportedly increased to more than R22 billion. A lifestyle of ``use now pay never’’ has crept in. Due to a lack of professional credit management, more money is going to be written off every year and the consequent deterioration of the quality of services is unavoidable.
I would like to say to the hon the Minister that if local authorities cannot apply self-discipline with regard to their expenses, they should be disciplined by way of retention of national funds allocated to them. Further, the whole issue of the loss of experience at management level due to irresponsible and shortsighted policies of affirmative action is a matter of serious concern. If this issue is not seriously addressed, local government is going to become the disastrous Achilles heel of South African society.
My second point is that up to now, this department has been bestowed with the responsibility not only of local and provincial government, with enormous challenges and tasks, but of virtually every other matter concerning the complex issue of catering for the pluralistic nature of our society.
Hier dink ons aan die hele netelige kwessie van die funksies van tradisionele leiers, wat steeds onaangespreek bly. [Here we are thinking of the whole contentious issue of the functions of traditional leaders, which still remains unresolved.]
I want to tell the member who spoke before me that they do not want chambers, but they want powers.
Daarmee saam is daar die saak van die kulturele diversiteit van gemeenskappe en die kommissie ingevolge artikel 185 van die Grondwet. Die sukses van Suid-Afrika hang in ‘n groot mate af van die wyse waarop die verskillende kulturele gemeenskappe effektief geakkommodeer kan word in besluitneming in Suid-Afrika.
Die vrees van die AEB is: Solank as hierdie verantwoordelikheid ‘n marginale aspek van hierdie departement se werklas bly, gaan dit ‘n Aspoestertjiesaak bly, wat aan die agterspeen suig en nooit prominent deel van die nasionale agenda word nie. Hierdie aangeleenthede is ‘n spesialiteitsgebied op sy eie. Grondige studie oor internasionale neigings en oplossings in dié verband is noodsaaklik. Deurlopende oorlegpleging met verteenwoordigers van verskillende gemeenskappe is onontbeerlik. Dit is die standpunt van die AEB dat dit vir hierdie departement onmoontlik is om sommer so terloops op ‘n drafstap, tussen al die ander dinge, daaraan aandag te gee, en dit terwyl die oorheersende kwessie van plaaslike regering al die aandag verg.
Die AEB pleit dus vir die daarstelling van ‘n afsonderlike nuwe departement met ‘n eie Ministerie met die opdrag van plurale betrekkinge en gemeenskapsbelange. So ‘n departement kan sig self dan volledig ingrawe in dié spesialiteitsterrein van die daarstelling van ‘n sosiale orde waarin gemeenskappe allernoodsaaklikerwys bemagtig word. Dit klink na ‘n duur operasie. Die vreedsame ontwikkeling van elke gemeenskap in Suid-Afrika is egter van sulke kardinale belang vir ‘n vreedsame en voorspoedige Suid- Afrika dat dit oor en oor die moeite werd sal wees om die diversiteit van ons samelewing ten volle te diskonteer. Die AEB sal met graagte sy volle samewerking gee om so ‘n departement suksesvol te maak, want dit is die sleutel tot ‘n vreedsame Suid-Afrika. [Tyd verstreke.] (Translation of Afrikaans paragraphs follows.)
[Along with that, there is the matter of the cultural diversity of communities and the commission in terms of section 185 of the Constitution. South Africa’s success depends largely on the manner in which different cultural communities can be accommodated effectively in decision-making in South Africa.
The AEB’s fear is: For as long as this responsibility remains a marginal aspect of this department’s workload, it will remain a Cinderella issue which takes a back seat and never becomes a prominent part of the national agenda. These matters comprise a specialised field in its own right. Thorough studies on international trends and solutions in this regard are essential. Ongoing consultation with representatives of various communities is imperative. The AEB is of the opinion that it is impossible for this department to give this matter attention in a by-the-way manner, fitting it in between all the other things, and that while the dominant question of local government needs all the attention.
The AEB is therefore pleading for the establishment of a separate new department with its own Ministry charged with plural relations and community interests. Such a department will be able to make an in-depth study of this specialised field concerning the establishment of a social order in which communities are empowered as a matter utmost necessity. This may sound like an expensive operation. However, the peaceful development of every community in South Africa is so vitally important for a peaceful and prosperous South Africa that it would be well worth our while fully to employ the diversity of our society.
The AEB will take pleasure in giving its full co-operation to make such a department a success, because that is the key to a peaceful South Africa. [Time expired.]] Mr G A J GROBLER: Chairperson, hon Minister and hon members, one of the key objectives of the department is to enhance financial management at the local government level and to provide support to municipalities in financial distress. But the department simply gives money to municipalities that do not exercise proper financial control. Municipal managers who had no experience in financial and municipal affairs were appointed because of their ANC affiliations. [Interjections.]
Portfolio committee members are currently spending hours on the new Local Government: Municipal Finance Management Bill. I would like to ask the hon the Minister this question: If municipalities cannot adhere to the existing Act, regarding financial control, what makes us think that a new Act will change the situation? The Local Government: Municipal Systems Act and the Local Government Municipal Structures Act made provision for numerous financial control systems. But let us look at the implementation of something like the audit committees. Only one municipality in Gauteng has implemented that audit committee, and that is a DA-controlled municipality. [Interjections.]
People from outside, who have the necessary qualifications and skills, were appointed to that committee. Members should ask the hon Sono. Ratepayers can scrutinise the financial affairs of that municipality. This was not done because they wanted to be different but because it is stipulated in the Act. But I think that they are different. I was surprised to learn that the ANC councillor on that municipality, who happens to be the speaker of the district municipality of Sedibeng, voted against that committee. Heaven knows why. She most probably felt ashamed of the nonperformance of her own ANC-controlled district municipality, which is unable to render protection and health services to the people in that area.
Members should look at page 49 of the report that we received. The DA- controlled municipality had to take on an additional burden of more than R6 million on their budget to render that service. I would like to tell the Minister that this is but one of many examples of nondelivery from these creations called district municipalities. Why do municipalities not exercise financial controls? Why do they not? They do not do so because of the irresponsible councillors. After 18 months, it has started to show.
There are many examples of irresponsible councillors, for instance ANC councillors who owe more than R800 000 to Emfuleni municipality. They served as ANC and New NP councillors before the year 2000. They were elected again as ANC councillors. I heard this afternoon that the amount had even increased to over a million rand. One person even became the executive mayor. Some of those who owed the biggest amounts now serve in the mayoral committee.
I would like to tell the Minister that it is not the system’s fault. It is not the system’s fault but it is the fault of incompetent people within the system. For confirmation of more horrific stories, I urge members to read the report which they received this afternoon. Oor die Huis van Tradisionele Leiers word die een verklaring na die ander, sonder ‘n einde in sig, uitgereik. Blykbaar is daar ‘n witskrif op pad. Of die integrasie van tradisionele leiers in plaaslike regering gedoen word, is debatteerbaar. Wat egter kommer wek, is die daarstelling van nog ‘n kommissie om om te sien na die eise van die tradisionele leiers. Die Minister moet eerder probeer om finaliteit te kry oor die aangeleentheid. Wat het geword van jare gelede se belofte van internasionale bemiddeling? Die President reis so baie rond. Hy kan dit gerus doen. [Tussenwerpsels.] Die DA wil net vir die Minister sê: Moet net nie die intelligensie en die geduld van die Huis van Tradisionele Leiers langer onderskat nie. [Tussenwerpsels.] (Translation of Afrikaans paragraph follows.)
[Regarding the House of Traditional Leaders, one statement after another is issued, without any end in sight. Apparently a White Paper is on its way. It is a debatable question whether or not traditional leaders are being integrated into local government. However, the establishment of another commission to deal with the claims of the traditional leaders gives cause for concern. The Minister should rather try to reach finality regarding the matter. What has become of the promise of international mediation that was made years ago? The President travels around so much. He may very well negotiate this. [Interjections.] The DA would just like to say to the Minister: Do not underestimate the intelligence and the patience of the House of Traditional Leaders any longer. [Interjections.]]
In conclusion, I would like to thank the hon the Minister for the input that he gave us this afternoon. But we must not shy away from the problems at local government level. [Time expired.] [Applause.]
Mr D A A OLIFANT: Mr Chairperson, when the hon Gloria Borman came to the podium, I said to my colleague over there, Boeboe Van Wyk: Let us just listen whether that lady is going to make the same speech she has been making since she came to Parliament. It was the same speech. There was nothing to it. It was very shallow and it did not have any substance. Gloria is becoming very boring at this point in time. [Interjections.]
Die agb Minister moenie luister na die agb Pieter Groenewald nie. Hy kom hier en sê ‘n groot klomp niks. Dit is al wat hy in elk geval kan sê. Dit is nie die moeite werd om te reageer nie. [Tussenwerpsels.] (Translation of Afrikaans paragraph follows.)
[The hon the Minister must not listen to the hon Pieter Groenewald. He comes here and says a lot of nothing. It is not worth replying to. [Interjections.]]
Provision was made for the development of local plans for municipal areas in the recent spate of local government legislation that has been promulgated by Parliament. The implementation of the legislation, particularly the Local Government: Municipal Structures Act and the Local Government: Municipal Systems Act, has led to an unprecedented flurry of activities to ensure that an integrated planning process will lead to the production of an integrated development plan and related economic, social and environmental plans.
These planning processes and resultant plans are supposed to reflect the developmental needs and aspirations of local communities, particularly the poor. It is arguably the most important instrument since 1994 for the realisation of transformation, reconstruction and development of local areas. The question that is on everyone’s lips is: ``Is it working?’’ Some of the observations that have been made are that the Department of Provincial and Local Government, provincial counterparts and some municipalities have made a serious effort to make the legislative provisions work, despite a number of identifiable shortcomings. They have to be commended for their effort.
Some of the problems that have been identified include, among others, the need to improve the involvement in local areas of all the spheres of government and public entities, and community groupings, including business and labour. It has become evident that some of the provincial and national departments have not all been involved in the IDP processes, making the construction of a plan and the co-ordinating role of municipalities extremely difficult.
Some of the departments see their involvement not as essential but largely as the responsibility of the municipality. Hence a large number of public servants and public officials in the employ of public entities do not have a clue, at times, what the IDP process is about, thus making the delivery of services in accordance with the IDP problematic because provincial and municipality plans and budgets are not strategically aligned to local needs. Importantly, national programmes such as Urban Renewal and Integrated and Sustainable Rural Development do not always form an integral part of the IDP, for reasons that confound me. [Interjections.]
This does not augur well for a seamless planning process essential for policy implementation. The different budget cycles of the various spheres of government have compounded this problem. I would like to urge municipalities to address this matter seriously and urgently, because we cannot continue with this separate development of our towns and cities. We still have a situation where townships and suburbs are built and developed in accordance with the old apartheid policies of separate development.
Townships, with their underdevelopment and inferior development, promote poverty and diseases, while the suburbs are well constructed, clean, environmentally friendly and very safe. [Interjections.] To quote an example - the hon member better listen - Atlantis, where I come from, is a so-called coloured township. Right next to it, barely two kilometres away, is a shantytown called Witsand, where there are many African people living.
The Blaauwberg division of the City of Cape Town decided to build houses there. The question is: Why did they build houses there? Why did they not build houses in Atlantis where there are thousands and thousands of acres of open land available for the construction of housing? Is it because they do not want us together, they do not want us to integrate? The DA had a golden opportunity to integrate us, as a community, but they decided otherwise. [Interjections.]
The same thing is happening in Milnerton. The rich white south is Milnerton. Houses for blacks are built in a corner far away from the suburbs. One also needs to look at the way these developments take place. Atlantis is poor, black, underdeveloped, and needs much more attention economically. [Interjections.] Instead of the municipality finding a way or creating the conditions for uplifting Atlantis economically, they went and built a totally new suburb called Parklands, with a modern infrastructure, next to already well-developed suburbs called Table View and Blouberg in the rich white south.
This place is, at this point, bursting at the seams with development, and yet nothing is happening in Atlantis. So much for the DA’s development! This is how the DA sees development in the city of Cape Town. [Interjections.] I cannot blame them, because they are so busy sourcing funds from international criminals that they cannot focus on development. [Interjections.] So we cannot blame them. No wonder Gerald Morkel said with the formation of the DA that the ANC would never govern the Western Cape, and is also now saying that we will never govern the city.
Let me tell them: we are governing the Western Cape government, and we are about to govern the new city. Maybe he does not want us here because he is scared we will find some more skeletons in his cupboard. [Interjections.] I want those members to tell Theuns Botha from Langeberg municipality that that municipality is not a family ``erfenis’’. Tell him that please. [Laughter.]
Finally and importantly, the involvement of various stakeholders has not been addressed with the required urgency and importance it deserves. This is largely due to the lack of understanding of the importance of the Integrated Development Plan process and the range of plans that should be produced, and programmes and projects linked to the efficient and effective delivery of services. Hearing, taking cognisance of and accommodating the voices of the poor and other interest groups are essential to the development of a process that is acceptable to everyone.
It will help to concretise the rights accorded to people as articulated in the Constitution and the legislation that has been promulgated by Parliament since 1994. The pool of sources in the form of knowledge and finance can in this way be enlarged for the benefit of everyone. [Time expired.] [Applause.]
The CHAIRPERSON OF COMMITTEES: Order! I must observe that in spite of the lateness of the hour, members are still highly energised.
The MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT: Chairperson, I know that the hon members from this side have been waiting for me. Hon Borman and his colleagues on this side of the House: I must confess that I do not have the ability to outshout them. I prefer it that way because it helps to maintain the difference between us. [Applause.]
In my main input I related experiences about wonderful South Africans that I have encountered in many of my travels. These are men and women who are always looking for ways by which they can contribute to the communal effort of making our country a happier place in which to live.
Indeed, after the call which was made by the President, asking people to volunteer whatever they could in order to make our country a better place to live in, we have seen a reservoir of positive concern, people coming forward volunteering in all sorts of ways. Many participants in the debate this afternoon echoed that positive concern, a concern which I believe must be harnessed for the good of our country. I therefore want to say a hearty thank you to all those who participated in the debate.
Of course, it is not all hunkydory; there are problems. One of the problems, which many of the speakers referred to, is the problem of municipal debt. I remember specifically the hon Gloria Borman, hon Southgate and hon Mulder talking about this problem. My concern about what they have been saying is that they continue to put forward tired arguments, in terms of which they blame the debt on what they call the culture of nonpayment. I think it is important to understand this problem in its proper perspective.
Quite clearly, there is no single generic explanation for the problem. I indicated in the speech that we have established a working group which is going to the bottom of this problem, but perhaps I need to share something with this House. I lived for the better part of my life in a township in Soweto, called Meadowlands. That part of the township was established in
- The last low-cost house which was built in that part of Meadowlands was built in the late 1960s. The only time we started to see additional low- cost houses being built was after 1994. I must also say that despite the fact that the old houses were built in 1959, it was only in 1981 that those houses were electrified. [Interjections.] The houses which have been built since 1994 are equipped with the necessary infrastructure for bulk service delivery. What then happens is that indeed, given the problems that I spoke about earlier on, the problems of low growth in our economy, there are many, many people who remain unemployed.
We are for the first time putting a decent roof over people’s heads. Houses are equipped with infrastructure for service delivery, and therefore we are delivering services to many people, who unfortunately are not able to pay for those services. I think it is important therefore to understand initiatives that we are taking in their interconnectedness. We have spoken about the urban renewal programme, we have spoken about the rural development programme. These are programmes towards which Government is directing investments in order to generate income for our people, in order to enable them to pay for services.
I guess it is difficult for people to understand this, especially if people are obsessed with defining the ANC as the native who caused all the problems. I think that is where the fallacy of their argument lies. [Interjections.]
I have listened also to other speakers, and indeed I am interested in helping to address some of the genuine concerns that some of the speakers have raised. [Interjections.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order!
The MINISTER: The hon Smith asked a number of questions, and about which issues relating to the establishment of new municipalities are still outstanding. He wants to know if the municipalities are financially viable. He does not know whether councillor training is resulting in the equipping of councillors to execute their mandate. But, of course, he thinks that there is enough in the laws to enable us to direct these operations. Of course, he did say that there are what he calls sophisticated provisions in the Municipal Structures Act, and he doubts if I have the ability to make use of these sophisticated provisions. I do not know if there is anything that I can do about his doubts.
He, then, is worried about the frequency or the infrequency of reports about progress relating to the work of establishing the new municipalities. The new municipalities are only 18 months old. We have occasionally, and as periodically as possible, reported to this House the difficulties, the constraints and the opportunities that we see as far as this process is concerned. I am not sure that we will be able to guarantee the frequency of reports about the local government establishment, which is similar to the one that he is looking for, similar to the weather reports which he gets every morning. [Laughter.]
Let me say in conclusion that I would have liked to understand exactly what the hon Southgate is concerned about. Of course, the smallness of her party did not allow her to get more than two minutes of speaking time. Therefore the questions she was asking were so incomprehensible that I am not able to help her. Having said all this, I can see that hon members are very agitated, and they may join us for a drink. [Applause.]
Debate concluded.
The House adjourned at 20:15. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS:
National Assembly:
- The Speaker:
(1) Message from National Council of Provinces to National Assembly:
Bill, subject to proposed amendments, passed by National Council
of Provinces on 13 June 2002 and transmitted for consideration of
Council's proposed amendments:
(i) Disestablishment of South African Housing Trust Limited
Bill [B 3B - 2002] (National Assembly - sec 75) (for proposed
amendments, see Announcements, Tablings and Committee Reports,
12 June 2002, p 693).
The Bill has been referred to the Portfolio Committee on Housing
of the National Assembly for a report on the amendments proposed
by the Council.
(2) The following paper tabled on 13 March 2002 and referred to the
Standing Committee on Public Accounts, is now also referred to the
Portfolio Committee on Finance:
Report of the Auditor-General on the Delays in the tabling of
Annual Reports as required by the Public Finance Management
Act, 1999 (Act No 1 of 1999) [RP 45-2002].
TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Minister of Environmental Affairs and Tourism:
(a) Agreement on the Conservation of Albatrosses and Petrels, tabled
in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Agreement.
National Assembly:
Papers:
- The Speaker:
Request received from the Minister for the Public Service and
Administration for parliamentary approval for retention of service
beyond the age of 65 in terms of the Public Service Act, 1994
(Proclamation 103 of 1994).
Referred to the Portfolio Committee on Public Service and
Administration for consideration and report and to the Portfolio
Committee on Foreign Affairs for consideration. The committees to
confer and the Portfolio Committee on Public Service and Administration
to report to the House by 25 June 2002.
Copies of the correspondence are available from the Clerk of the
Papers.
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
- The following Report on Violence against Women was adopted by the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women on 29 May 2002: Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women
Parliament of the Republic of South Africa
Report on Violence against Women
May 2002
INDEX
1. Overview of the work the Committee has done to 1
Date with regard to Violence Against Women (May 2002)
2. Appendix 1: Violence Against Women in South 7
Africa based on the public hearings held in November 1999 (February
2000)
3. Appendix 2: Additions to the Report on the Violence Against
Women Hearings - February 2001
95
4. Appendix 3: Summary Report on Violence Against 98
Women 97
(July 2001)
5. Appendix 4: Summary Report on Violence Against Women (October
2001)
127
The Joint Monitoring Committee on the Improvement of Quality of Life
and Status of Women's: Overview of the work the Committee has done to
date with regard to Violence Against Women
May 2002
Introduction
This Parliamentary Committee (hereinafter called the Committee) was
established as an Ad Hoc Committee in 1996 and at the end of 1998
became a Standing Committee. The specific role of this committee is to
monitor and oversee Government's implementation of the United Nations
Convention on the Elimination of all forms of Discrimination Against
Women (CEDAW) and the Beijing Platform for Action. One of the
priorities set by the committee was to address itself to their
oversight function regarding the monitoring of violence against women.
In this regard, the Committee has undertaken several activities, which
are discussed below.
Activities of the Committee
1. Violence Against Women Hearings during 1997 and 1999
The Portfolio Committee on Justice and the Ad Hoc Committee held
hearings during 1997 and 1998 on Violence Against Women. A report1 was
tabled in this regard. Part of the 1998 hearings also focused on other
aspects relating to gender and justice. These include Domestic
Violence, the legal system, spousal killings, sexual offences and
sexual offence pilot courts.
At the time of these hearings, the Committee made a call that the
Justice Ministry and other role-players accelerate the introduction of
the proposed legislation on Domestic Violence and comprehensive
legislation on sexual offences against women. To date, the Domestic
Violence Act (Act 116 of 1998) has been enacted but the Sexual Offences
legislation has still not come before Parliament.
2. Violence Against Women Hearings - November 1999
The Committee held hearings from the 8th to the 17th of November 1999.
Written and oral submissions were made. The objective of the hearings
were to:
* Identify what and where the blockages are which impede women who have
been victims of all forms of violence, from having access to
justice.
* Determine the varied ways in which such obstacles to justice can be
addressed and eliminated.
The report emanating from the hearings thematically categorises the
information under the following headings:
* Criminal Justice.
* Law enforcement.
* Welfare services and shelter.
* Health care.
* Incarceration of offenders.
* Recent research on violence against women.
* Public awareness and education.
* Allocation of financial resources and the Budget.
* Inter-ministerial co-operation and co-operative governance.
* Co-operation between Government and civil society.
* The need for statistical databases.
Although the hearings were held before the Domestic Violence Act 116 of
1998 came into operation, it highlighted difficulties anticipated with
the implementation of the legislation. Many of these difficulties also
emerged later in a workshop held by the Committee after the
implementation of the Act. The Committee furthermore makes very
specific recommendations with regards to the different thematic areas.
In addition to the detailed report on the hearings, a summary report
(July 2001) is also available.
3. Provincial visits
Delegations from the Committee visited Nelspruit, Mpumalanga, Port
-Elizabeth and Pietersburg from April to June 2000. They visited
Magistrates, the South African Police Service (SAPS) Commissioners and
Prosecutors. These meetings formed part of the Committee's
investigation into the difficulties experienced by these officials in
the implementation on the Domestic Violence Act and Maintenance Act 99
of 1998.
4. A Joint 2-day workshop between the Committee and the Public
Participation Unit (PPU) of Parliament, 25 - 26 July 2001.
The Parliamentary Public Participation Unit PPU) and the Committee
convened a National Conference on enhancing the participation of women
in the law making process.
The objectives of the conference were to:
* Audit the experiences of civil society with respect to how women have
experienced participation in the legislative processes.
* Audit the obstacles which impede the participation of women.
* Elicit information on how the participation of women can be improved.
* Gather and collate information on problems experienced with respect
to the implementation of the Domestic Violence Act.
* Gather and collate information on problems experienced with respect
to the implementation of the Maintenance Act.
* Reflect on methodologies for making gendered impact on how budgets
are drawn up and how public sector resources are allocated (at
national, provincial and local levels).
* Gather and collate information on women's legislative needs with
respect to issues of inheritance and succession.
Some of the specific problems that emerged from the presentations on
the implementation of the Domestic Violence Act included:
* Inadequate resources being allocated to the implementation of the
Act.
* Sexual abuse often not seen as abuse.
* When SAPS are called, the onus is often placed on women to say what
they want SAPS to do with the perpetrator.
* The forms are difficult to complete.
A detailed report entitled "Strengthening Women's Voices though
Participation: Consultative Conference on engaging Women in Parliament"
is available.
5. Rural workshops
The PPU and the Committee hosted capacity building workshops for rural
women in four provinces during 2001. The provinces were Mpumalanga,
North-West, Limpopo and Kwa-Zulu Natal. These workshops constituted the
pilot Rural Women's Project.
The objectives of the workshops were to:
* Create an understanding amongst rural women about Parliament and the
law making process.
* Create an understanding of how to participate in the legislative
process.
* Obtain submissions on the implementation of the Domestic Violence Act
and the proposals for the proposed Inheritance and Succession
legislation.
It was evident from the workshops that there is a need for public
education around the Domestic Violence Act. Many of the women who
attended the workshops thought that only physical violence constituted
domestic violence. It was only after the Act was explained to them that
they understood that there were different types of domestic violence.
Whilst the workshops were a success, there were incidents which nearly
disrupted this process. The incidents were discussed in the National
Assembly to make sure that this type of incident does not occur again,
because it may hinder the performance of the public representatives to
cascade the important message to rural women in South Africa.
6. Committee report commissioned from the Center for the Study of
Violence and Reconciliation (CSVR) on Budgets and Violence Against
Women.
The Committee commissioned the Centre for the Study of Violence and
Reconciliation to investigate the extent of government financial aid to
non-profit organisations (NPOs) providing support services to women
experiencing violence.
The aims of the study were to:
* Quantify government departments' financial aid and support to
organisations providing some kind of support to girls and women aged
fifteen years and older who have experienced gender-based violence.
* Identify factors enhancing and/or constraining organisations' ability
to access government funds for this work.
* Describe the type of activities for which organisations receive
government support.
The research findings will be used to assist members of the
Parliamentary Committee to undertake a range of activities aimed at
ensuring that future budgets allocate sufficient funds to address the
needs of women who are experiencing gender violence.
Recommendations
The Committee, in fulfilment of its oversight role, has undertaken
several informative initiatives in respect to violence against women.
The reports resulting from the various initiatives are rich with
information and recommendations to various Government Departments. It
is thus recommended that:
* Questions emanating from the various forums be posed to the different
departments with regard to the implementation of the Act, resources
available and budgetary requirements.
* The various reports should be disseminated to the various departments
and they should be asked to formally respond to it.
* A huge public education initiative be undertaken by GCIS to ensure
that the Domestic Violence Act becomes more accessible to women,
especially rural women.
* We ensure that the criminal justice system is more gender sensitive,
especially in terms of sentencing, sensitivity of court officials,
and women's access to justice.
* More shelters be provided for women who experience domestic violence,
because women often have to return home to perpetrators of violence,
because there is not an adequate number of shelters.
* Customary law be revised, because rural women still suffer the
effects of customary law.
* The rural workshops be continued in the provinces not covered in 2001
rural workshops and the 2000 provincial visits.
* A debate on Domestic Violence be held in the National Assembly and
the National Council of Provinces.
Attached to this report are the following appendixes:
1. Report on Violence Against Women in South Africa based on the
public hearings held in November 1999. Compiled in February 2001.
2. Addendum to the Violence Against Women report of February 2001.
3. Summary report on Violence Against Women. July 2001.
4. Summary report on Violence Against Women. October 2001.
Acknowledgements
The Committee wishes to thank the following people who helped to
compile this report:
1. Melissa Fourie, who as a volunteer undertook the mammoth task of
collating and compiling the report on the hearings on Violence
Against Women that took place in November 1999.
2. Shereen Dawood, researcher for the ANC Study Group of the
Committee, who assisted in compiling the July and October summary
reports of the hearings.
3. Carmine Rustin, of the Parliamentary Research Unit, who assisted
in compiling the final report on the work undertaken by the
Committee on Violence against Women.
Ms. P. Govender
Chairperson of the Joint Monitoring Committee on the Improvement of
Quality of Life and Status of Women.
The Joint Committee on the Improvement of
the Quality of Life and Status of Women
Report on Violence Against Women in South Africa based on the public
hearings held in November 1999
February 2000
Table of Contents
Page No.
1.
Introduction
9
2.
Criminal Justice
11
3.
Law Enforcement
35
4.
Welfare Services and Shelters
41
5.
Health Care
45
6.
Incarceration of Offenders
51
7.
Recent Research on Violence Against
Women
53
8.
Public Awareness
64
9.
The Budget and Allocation of Resources
76
10.
Inter-Ministerial Co-operation and Co-
operative Governance
80
11.
Co-operation between Government and Civil
Society
82
12.
The Need for a Statistical Database
82
13.
Recommendation and Queries to
Government Departments
83
14.
List of Written Submissions
91
15.
Oral Submissions
93
16.
Other Documents
94
"We cannot say we are moving faster towards the attainment of complete
liberation from the legacy of the past unless the women of our country
live without fear in their houses and walk freely through the streets
and villages of our land." - President Thabo Mbeki2
* INTRODUCTION
O The Joint Committee on the Improvement of the Quality of Life and
Status of Women (hereinafter referred to as the Committee) was
permanently established in June 1998 to monitor and oversee progress
with regard to the improvement of the quality of life and status of
women in South Africa, with specific reference to the government's
commitments made at the United National Fourth World Conference on
Women in Beijing in 1995, and the provisions of the United Nations
Convention on the Elimination of all forms of Discrimination Against
Women (CEDAW).
O The South African government's signature and ratification of CEDAW
created an obligation to introduce measures to protect the basic rights
of women and to improve the status of women by eliminating gender-based
discrimination. CEDAW requires countries to report to the UN every
four years, and South Africa's first progress report was submitted to
the UN CEDAW Committee in 1997.
O CEDAW defines violence against women as "any act of gender-based
violence that results in, or is likely to result in, physical, sexual
or psychological harm or suffering to women, including threats of such
acts, coercion or arbitrary deprivation of liberty, whether occurring
in public or in private life."3 It encompasses "physical, sexual and
psychological violence -
* occurring in the family, including battering, sexual abuse of female
children in the household, dowry-related violence, marital rape, female
genital mutilation and other traditional practices harmful to women,
non-spousal violence and violence related to exploitation;
* occurring within the general community, including rape, sexual abuse,
sexual harassment and intimidation at work, in educational institutions
and elsewhere, trafficking in women and forced prostitution;
* perpetrated or condoned by the state, wherever it occurs."4
O The Beijing Platform for Action (BPFA) is a comprehensive plan of
action to enhance the social, economic and political empowerment of
women, and is premised on the need for the sharing of power and
responsibility in the home, workplace and in wider society. South
African government departments tabled their commitments to the BPFA in
February 1996.
O In his opening address to Parliament on 25 June 1999, President Thabo
Mbeki's spoke of the "twilight world of... continuous sexual and
physical abuse of women and children". More light has been shed on
this twilight world during the past year than ever before, mainly due
to the increased vigilance of the public with the assistance of the
media.
O Interpol: SA has highest reported rape ratio in the world Insurance
Policy.
O The objectives of the November 1999 hearings on violence against
women were the following:-
* to identify what and where the blockages are which impede women who
have been victims of all forms of violence, from having access to
justice; and
* to determine the varied ways in which such obstacles to justice can
be addressed and eliminated.
O The hearings were held from 8 to 17 November 1999. A full list of
submissions (both written and oral) appears at the end of the report.
Copies of all written submissions are available from the Committee
clerk. Other documents referred to in this report are also listed at
the end hereof.
O This report will deal with the following aspects of violence against
women, with special reference to the submissions made at the hearings:
* criminal justice;
* law enforcement;
* welfare services and shelters;
* health care;
* incarceration of offenders;
* recent research on violence against women;
* public awareness and education;
* allocation of financial resources and the Budget;
* inter-ministerial co-operation and co-operative governance;
* co-operation between government and civil society;
* the need for a statistical database;
* recommendations and queries to government departments.
* CRIMINAL JUSTICE
New and proposed legislation and its implementation
O CEDAW stipulates that government should "develop penal, civil, labour
and administrative sanctions in domestic legislation to punish and
redress the wrongs caused to women who are subjected to violence; women
who are subjected to violence should be provided with access to the
mechanisms of justice and, as provided for by national legislation, to
just and effective remedies for the harm that they have suffered;
States should also inform women of their rights in seeking redress
through such mechanisms."5
O Significant progress has been made in the amendment of existing
legislation and the promulgation of new legislation relating to
violence against women and children. The most important of these are:
* the Domestic Violence Act (DVA)6, which comes into operation on 15
December 1999 and replaces the Prevention of Family Violence Act7.
Difficulties anticipated with the implementation of the DVA are
described elsewhere;
* limiting the granting of bail for persons accused of having committed
specified serious offences, which include rape;8
* providing for minimum sentences for murder and rape with aggravating
circumstances.9 Certain difficulties in the judicial interpretation of
especially the minimum sentence amendment have come to light, and will
be detailed below.
* The South African Law Commission (SALC) has also produced a Sexual
Offences Discussion Paper incorporating a proposed Sexual Offences
Bill. The most important features of the proposed Sexual Offences Bill
are the following:-
* The common law definition of rape (a man having intentional unlawful
sexual intercourse with a woman, without her consent) restricts the
sexual intercourse to the penetration of the vagina by the penis, and
non-consensual anal or oral penetration does not constitute rape or
indecent assault in common law. In proposing the repeal of the common
law offence of rape, the Commission has put forward a new gender-
neutral statutory offence, centring on 'unlawful sexual penetration'
under coercive circumstances.
This definition means that the State will not be required to prove
absence of consent on the part of the victim. The accused can still
raise consent to sexual intercourse as justification for the unlawful
conduct, but will in future have to carry the burden of proof in this
regard. Furthermore, penetration would include penetration to any
extent by a penis, object/part of the body of a person/animal into the
anus, ear, mouth, nose, vagina/body orifice of an animal; or body
orifice of a person in a manner simulating sexual intercourse. This
means, inter alia, that both men and women can be rape victims and
perpetrators.
"Under coercive circumstances" include force, threat, abuse of
authority, impaired mental capacity, unlawful detention, mistaken
identity, mistaken act or if the complainant is under 12 years of age.
The proposed legislation also provides that marriage or other
relationships does not constitute a defence to rape, and a husband can
therefore be convicted of raping his wife. It also provides for
retrospective application. Furthermore, rape in other laws will be
replaced by the new definition.
* Similarly, the current position defines incest as sexual intercourse
between persons within prohibited degrees of relationships. The
proposed definition is that sexual penetration replaces the term sexual
intercourse.
* In the proposed legislation, sexual molestation constitutes a sexual
act with a child of two years and younger. It includes committing a
sexual act with the intention of inviting/persuading/allowing a child
of two years and younger to engage in a sexual act. The child's
consent does not constitute a defence. A child is defined as someone
under the age of 16 years.
* Persistent sexual abuse of a child (two or more occasions of a
sexual/act/penetration with a child within a period of one year) will
constitute an offence in the proposed legislation.
* In the proposed legislation child prostitution constitutes a sexual
act with a child (someone under the age of 18 years) for reward, favour
and compensation to a child or any other person. It includes inviting,
persuading/inducing a child to commit a sexual act for reward,
favour/compensation.
* Keeping a brothel for child prostitution: Keeping a brothel
constitutes an offence. A brothel is defined as movable/immovable
property where commercial exploitation of a child occurs. Keeping
includes: owning, leasing, renting, managing, occupying or otherwise
having control of a brothel.
* Facilitating or allowing commercial sexual exploitation: This covers
any person who facilitates commercial sexual exploitation, including a
parent, guardian or caregiver who allows commercial sexual
exploitation.
* Provisions not included in the Proposed Bill include cultural and
religious practices considered harmful to children10, sexual
harassment11, the criminalisation of harmful behaviour of people with
HIV and the HIV testing of sexual offenders.
* The proposed legislation, and in particular the move away from
without consent to include coercive circumstances is considered by many
organisations as very progressive. Women's organisations, in
particular Rape Crisis, have expressed support for the new definition
of rape.12
O The SALC is also in the process of producing a discussion paper on
the procedural aspects of the prosecution of sexual offences, which
will also deal with the evidentiary rules, which operate against the
complainant in rape cases. Such evidentiary rules, which are arguably
based on common assumptions that women's evidence in rape trials should
be treated with caution since women are thought to lie in sexual
offence cases out of jealousy, spite and revenge, include:-
* the cautionary rule, in terms of which certain types of evidences are
treated with caution in a criminal trial, such as where the complainant
is the only witness;
* evidence of the previous sexual history of the complainant, which can
only be admitted with the consent of the presiding officer on the basis
of its relevance. This rule appears to be based thereon that, if a
woman has had sexual intercourse (whether or not such intercourse was
with the accused), she is more likely to have consented to sexual
intercourse;
* the rule of first report in rape or sexual offence cases, an
exception to the general rule that previous consistent statements are
inadmissible, in terms of which the complainant's evidence that she
reported the rape to another person soon after the alleged offence is
admissible. The application of this rule often leads to the drawing of
a negative credibility conclusion if the complainant did not report the
alleged offence to another person.
O In its June 1998 report on the Violence Against Women Hearings, the
Committee described a submission from the Centre for Violence and
Reconciliation detailing the phenomenon of "intimate femicide" - the
killing of women by intimate male partners. The submission compared
sentences handed out to men and women who killed their spouses and
found startling disparities in what appeared to be inappropriately
light sentences for men who murdered their partners and inappropriately
heavy sentences for women who did the same in the context of continuous
domestic violence. Recommendations by the Centre included:-
* establishing a task team to consider the question of gender bias in
sentencing;
* introducing legislation permitting the introduction of similar fact
evidence or evidence of a history of domestic violence;
* abandoning the complete defence of non-pathological criminal
incapacity;
* early release for women serving sentences for killing their abusers;
and
* training of members of the judiciary.
o Specific impediments to the implementation of the DVA was raised in a
written submission to the Committee by the Gender Advocacy Programme
(GAP)13:
* Women lack knowledge on their rights to freedom from domestic
violence, and their specific remedies in terms of the DVA.
* The DVA gives magistrates discretion to determine whether the
respondent is committing or has committed an act of domestic violence,
and whether the complainant may suffer undue hardship as a result of
the domestic violence. This opens this way for prejudices of
magistrates to affect the protection of women, and to lead to great
inconsistency in the application of the DVA.
* Allowing legal representation in court will disadvantage women who do
not have the financial means to solicit legal assistance. This may
also discourage women from applying for a protection order, and make
the process a lengthy and costly affair.
* Clerks of the Court are not trained to fulfil the role of the point
of entry to the justice system for complainants of domestic violence.
* The DVA places the burden of the costs of service on the complainant;
if she cannot pay, she has to furnish the Clerk of the Court with proof
that she is not able to pay. The complainant will usually also lose
time at work to apply for a protection order, resulting in a loss of
income.
* The majority of South African women reside many miles from the
nearest police station or magistrate's court, limiting their access to
the remedies provided by the DVA.
* Support services such as shelters, financial support, legal
assistance, police protection, access to housing, education, training,
employment opportunities, psychological services are all required to
assist women to transcend the cycle of abuse.
* The DVA provides the SAPS with clear roles and responsibilities in
assisting victims of domestic violence. Women are understandably
critical of the services provided by the SAPS, especially in view of
past attitudes to domestic violence as a "family matter" and not a
serious offence.
* The DVA makes provision for the complainant to receive a notice of
her rights in her official language and to have the contents thereof
explained to her. Most police stations are understaffed and no more
than three official languages are spoken. As far as GAP was aware, no
additional personnel had been allocated to stations for the
implementation of the DVA, nor had strategies to address this issue
been developed.
O The head of the Family Court also raised the following concerns about
the implementation of the DVA:
* The DVA provided for 13 new forms, for which the printing by the
Government Printer had not yet commenced at the time of the hearings.
* The DVA provided that an application for a protection order would be
heard after hours only if the complainant would suffer "undue hardship"
if the matter was not heard. Concern was raised about how this
hardship would be determined if the complainant was not given an after
hours hearing.
O The Department of Justice made certain general comments14 regarding
difficulties with implementation of new legislation:
* The consultation process with all roleplayers (some independent) is
time-consuming.
* The delay in implementing new legislation is caused by a lack of
policy statement and implementation strategy for such legislation: an
implementation strategy and the funding thereof must be discussed from
the outset of development of policy and drafting of new legislation.
* New policies, legislation and the expectations created thereby
increase the existing case load and need for funding, which causes bad
service delivery, which means that, as before, victims do not approach
courts with gender and gender violence disputes.
Functioning of existing courts and establishment of special courts
O Women reported negative experiences of courts in general, and the
rate of conviction of crimes of violence against women remains
unacceptably low. Submissions complained about inexperienced,
unprofessional and ill-prepared prosecutors, insensitive treatment of
traumatised witnesses, lack of facilities at courts and lack of
transport to courts, magistrates' lack of understanding of issues of
gender violence, clogged-up court rolls15 and unnecessary postponements
of matters16, a shortage of regional magistrates and more qualified
prosecutors, intermediaries and interpreters.17
O The Masimanyane Women's Support Centre reported to the Committee on a
study on domestic violence and rape using police dockets18 and court
files.
Mdantsane Court: 1997 to April 1999
Total number of rape cases in 1997
624
Postponements
368
Struck off the roll (the files did not provide a reason, though
probably due to insufficient evidence)
100
Warrants for arrest issued
30
Cases withdrawn (not specified whether by state or complainant)
60
Trials
40
Entered in error
20
Finalised
6
Unconditional imprisonment
3
Guilty with sentences between 2 to 9 years
3
East London Court: 1997 to April 1999
Total number of rape cases in 1997
793
Postponements
647
Acquittals
40
Moved to another court
25
Sentenced
20
Suspended sentences of four years or more
9
Fines of R200
3
O Masimanyane reported that the police expected the social workers to
inform women of their rights, while social workers expected the police
to do it. One woman who went to the district surgeon was sent back to
the police (for which she had to find her own transport) because they
said no medical examination could take place until she had made a
statement (though they could have called the police to come to the
hospital).
O Overall, Masimanyane described a lack of communication, lack of
training and a lack of transport to hospitals and police stations.
They also reported a reluctance on the part of medical examiners to
appear in court for fear of witnesses being treated with disrespect.
Victims often back out of prosecution due to lack of support. There
are reports of women waiting for their court appearance in the same
hallway as her assailants. The victims do not know what is going on and
they are not given any information at all. Examples were cited of
dockets being lost and of victims not being notified of their
assailant's bail hearing nor of his release on bail.
O UCT's Institute of Criminology's Gender, Law and Development Project
reported that, based on research undertaken in rural areas in the
Southern Cape, women had to wait in the same area as the accused, did
not have proper consultation with the prosecutor before trial, failure
to explain the decision whether to prosecute or not, and inadequate
preparation for the trial.
O The Commission on Gender Equality reported the failure of Sheriffs to
serve interdicts in informal settlements, demanding service fees to be
paid prior to service, requiring applicants to deliver interdicts
themselves, and even the complete absence of sheriff services in rural
areas. The Commission also complained of a lack of follow-up in
domestic violence cases, especially breaches of existing orders,
decision by particular court to issue peace orders instead of
interdicts to lack of sheriff services in rural areas, handing
interdicts to applicants for service when applicants do not have enough
money to pay sheriff's fees.
O The Department of Justice told the Committee that they were
finalising a Customer Service Charter for Court Users, a Service
Delivery Improvement Plan and Victims Rights Charter, and were engaged
in various information campaigns for court users, including the Sixteen
Days of Activism against Violence Against Women.
O In the Department of Justice's 1997 report, it described the
development of a monitoring system for the Guidelines on Sexual
Offences developed by a national task team. This issue was again
mentioned in the Department's 1998 report. The Committee still needs
to know from the Department whether a method of enforcing the
Guidelines have been further investigated and implemented.19
O In the Department's 1998 report, it reported back on a Canadian study
tour dealing with violence against women. Lessons from the tour
included an inter-sectoral approach, the economic empowerment of women,
survivor counselling and offender rehabilitation, and the establishment
of shelters and safe houses for victims. The Department further stated
that the Department would present a report on the study tour to the
NCPS inter-ministerial meeting and that the Department envisaged the
appointment of an inter-sectoral task team to facilitate the
implementation of the recommendations.20 The Committee requests the
Department of Justice to furnish it with a progress report in this
regard.
O The Committee also intends establishing from the Department of
Justice whether the necessary forms prescribed by the DVA have been
printed and distributed to magistrate's courts across the country.
O The Department of Justice reported to the Committee21 on two
programmes for implementation of specialised courts.
* Specialised family courts, already operating as pilot courts in CT,
PE, Durban, JHB and LebowaKgomo, handled inter alia domestic violence
matters, with the Family Advocate, Department of Welfare and various
NGO's working at these centres to provide counselling, mediation and
investigation. The Department of Justice indicated that it was
intended that new Family Courts would be established in Mafikeng,
Nelspruit, Umtata, George, Bloemfontein and Kimberley, with satellite
centres at Magistrate's Courts around the main centres.
* However, the head of Family Courts reported22 to the Committee that
there was little infrastructure and support services available for the
Family Courts, even though they had been in existence for six years.
The courts were badly underfunded (for example, stationery and
photocopiers were not available), which causes unnecessary delays, for
example in the granting of interdicts. There were also no waiting
rooms for women.
* A serious security problem was also experienced at the Family Courts
and there were instances of assault on the premises. Often women were
too scared to leave the offices since they knew that the alleged
perpetrator would be waiting outside.
* There are presently four sexual offences courts, which are better
placed to deliver higher quality service to the victims of violence
against women and children. The Department of Justice told the
Committee that it planned to roll out 20 new Sexual Offences Courts in
the next two years.
* The four existing Sexual Offences Courts are all situated in urban
areas, which means that complainants from rural areas have to travel
long distances to attend the trial. Due to lack of transport, such a
complainant may even find herself in the same vehicle as the accused.23
The Department of Justice reported that 20 new Sexual Offences Courts
would be established within the next two years. The pilot project for
Family Courts would also be expanded to other centres.
* The Regional Magistrate's Commission24 presented the Committee with
statistics for the Sexual Offences Court in Wynberg:
Cases finalised
Guilty
Not guilty
April 1999
15
8
7
May 1999
22
15
7
June 1999
21
12
9
O Two of the permanent magistrates in the Sexual Offences Court in
Wynberg raised the following concerns25 with the Committee:
* There is a need to reconsider the adversarial system in sexual
offence cases. Such a system assumes that both parties were equal,
while such equality had to be questioned where the one party is a
little girl, and the other an elderly man with a senior advocate. Much
of the outcome of a case depended on the ability, wit, energy,
ruthlessness and even permissible rudeness, which a cross-examiner
might display. The selfish and partial manner with which parties are
allowed to present evidence results often in procedural and formal
truth being promoted at the expense of material truth.
* There was also a need to re-examine the strict rules of evidence
applicable in sexual offence cases, and in particular the cautionary
rules of evidence.
* There should be a general rule that children should testify through
an intermediary, and only in exceptional circumstances should there be
deviated from this rule. Consideration should be given to an amendment
to Section 170A of the Criminal Procedure Act to include mentally
impaired persons with a mental age of less than eighteen. It was also
difficult for magistrates to determine when a witness would suffer
"undue mental stress" as is required by Section 170A.
* Difficulties have arisen in the interpretation of Section 51(3) of
the Criminal Procedure Amendment Act26 regarding imposing minimum
sentences, as well as the restrictive interpretation of Section 158 of
the CPA, which deals with the circumstances in which a court may depart
from the general principle that a witness should give his or evidence
in the presence of the accused.
O The Director of Public Prosecutions reported that, from 1 December
1999, a special High Court would be convened in Mndantsane in the
Eastern Cape to hear only rape cases, which had built up during the
last three years.
Court clerks, interpreters and prosecutors
O Two important functions of clerks of the court were emphasised during
the hearings: their role as organisers and facilitators of case rolls
at courts, and their role as primary assistants to applicants for
protection orders in terms of the DVA.
* The President of the Regional Court for the Western Cape27 told the
Committee that the organisation of court rolls was one of the major
difficulties faced by Magistrates. A system of "court nags" has
recently been introduced, with the court nag's task to ensure that
cases set to run will in fact run, mainly by phoning witnesses and
other role players two weeks prior to the trial date to ensure that all
will be available on that day.
* The Tswaranang Legal Advocacy Centre to End Violence Against Women28
told the Committee that, since clerks were the first entry point for a
woman at court, they need to give better technical assistance and
support. GAP29 also emphasised the need for proper training of clerks
of the court, since the treatment women receive from clerks often
result in women not returning with application forms for interdicts.
O The lack of experienced prosecutors trained in dealing with crimes of
violence against women emerged as a major impediment to criminal
justice. Often prosecutors are the survivor's only ally in the criminal
justice system, and these prosecutors are not equipped to deal
sensitively30 with the traumatised complainant or to provide an equal
opponent to experienced defence attorneys.
* The Tswaranang Legal Advocacy Centre to End Violence Against Women
described prosecutors as insensitive to gender violence, and complained
of a lack of consultation with the complainant.31
* The Masimanyane Women's Support Centre reported on difficulties
caused by the high turnover in prosecutors, with prosecutors going on
leave, study leave, or transfer to other courts.32
* In its submission to the Committee, the UWC's Community Law Centre
reported that prosecutors are ill-prepared because of large workloads
and blamed a lack of resources.
* The Director of Public Prosecutions reported to the Committee that
public prosecutors have been told that violence against women is a
priority area: the number of convictions needs to increase and
instructions have been given to ensure that investigations are
completed quickly to so that victims do not forget parts of evidence
and defendants are advantaged by the lapsed period of time. In
addition, prosecutions may only be withdrawn on the authority of the
Provincial Director of Public Prosecutions.
* The Head of the Sexual Offences Unit and Community Affairs in the
Office of the Director of Public Prosecutions told the Committee that,
since the bulk of sexual offenders appear before Regional Courts, the
regional court prosecutors require urgent training in the presentation
of evidence, in particular scientific evidence, in sexual offence
cases. Two training courses had already been held involving 60
prosecutors, which courses dealt with the collection of evidence,
presentation of DNA evidence, cross-examination skills and sensitivity
in dealing with witnesses (including the framing of age-appropriate
questions).
* In this regard, the Sexual Offences Unit had met the Child Protection
Units in all provinces to get them to co-operate with prosecutors, and
also found that the training of prosecutors and investigators together
was very beneficial. It was also proposed that a coalition should be
formed between NGO's and the police and prosecutors to provide
counsellors and intermediaries for traumatised witnesses.
* The Department of Justice reported to the Committee that they were in
the process of establishing pre-trial services to alert prosecutors and
magistrates to previous convictions and arrests of offenders.
O The President of the Regional Court in the Western Cape also reported
a real need for more qualified prosecutors, intermediaries and
interpreters.
Magistrates
O During the course of the hearings it became apparent that the
Regional Courts, which heard 95% of all rape cases as the court of
first instance, should be the focus of emergency reform.
O The President of the Regional Court in the Western Cape reported the
following difficulties in her submission to the Committee:
* There was currently a backlog of 7 000 cases in the regional courts
in the Western Cape. The present delay between complaint and trial was
approximately 9 months.
* There were only ten permanent seats of the regional court in the
Western Cape, with satellite courts in the rural areas such as
Malmesbury, Springbok, Calvinia, Vredenburg, Vredendal.
* The four sexual offences courts were all situated in urban areas,
which often means that very young complainants have to travel long
distances to give evidence. Due to lack of transport, such a
complainant may even find herself in the same vehicle as the accused.
* There is a severe shortage of regional magistrates, and it was
recommended that provision should be made for acting magistrates to be
employed. It was also mentioned that it was a serious psychological
health hazard for prosecutors and magistrates to adjudicate in sexual
offences courts for lengthy, uninterrupted periods of time.
O The National Network on Violence Against Women complained that many
judicial officials have little or no understanding of gender violence,
the rape trauma syndrome or the battered wife syndrome, which is
evidenced by their negative attitudes directed at survivors of these
crimes. Various submissions, including that of the Tswaranang Legal
Advocacy Centre to end Violence Against Women and Ilitha Labantu argued
that both magistrates and judges require training on the non-legal
aspects of rape.
O The Chief Director of Justice College reported to the Committee on
the training of regional and district court magistrates, as well as
prosecutors on sexual offences, child law, domestic violence, violence
against women (a pilot training project), basic human rights and social
context training. The Justice College receives a significant amount in
donor funding in addition to its own budget.
The judiciary
O The Committee has on various occasions expressed concern about
inappropriate statements made by High Court judges and what appears to
be inappropriately light sentences handed down in judgements in cases
of rape and other violence against women33. To date, the Committee's
efforts to engage in discussion with the judiciary on issues of
violence against women has been hampered by incorrect and
sensationalist media reporting. However, the Committee remains of the
view that such discussion could be beneficial to both the Committee and
the judiciary.
O Many of the submissions expressed concern about statements made in
recent judgements of High Court judges in cases of rape, especially in
the context of the minimum sentence amendment to the Criminal Procedure
Act34. Numerous calls were made for the education of judges on issues
relating to discrimination and violence against women. For example,
concern was expressed about views on women taken by the judiciary which
reveal a reliance on stereotypes and which suggest that women
collaborate in crimes against them.35
O This issue came to the fore in the interpretation of the recent
amendment to the Criminal Procedure Act dealing with the imposition of
a minimum sentence of life imprisonment where the victim is under the
age of 16, is raped more than once, is raped by more than one person
where such person is acting with a common purpose, or where the rape
involves the infliction of grievous bodily harm, save where the court
is satisfied that "substantial and compelling circumstances" exist
which would justify a less severe sentence. It is the judicial
interpretation of this exception, which has come under scrutiny by
women's organisations and the media.
O The Committee was furnished with a submission by the UWC's Community
Law Centre's Gender Project36 which examines disparities in recent
cases.
* In the case of S v Zitha37, a six-year-old girl was raped in her home
by three men who had entered the house (armed with a panga) for
purposes of robbery. Despite the girl's pleas that they take whatever
they want but just leave her alone, the three men raped her in turn on
her own bed, one of them raping her twice. All three men were convicted
of rape.
During sentence proceedings, it was argued on behalf of the accused
that the youth of the three men (they were 20, 19 and 18 at the time of
the commission of the offence) constituted a substantial and compelling
circumstance, along with the fact that none had any previous
convictions and all three had come from unfortunate backgrounds. More
astonishingly, it was advanced on behalf of the accused that the little
girl had not suffered any serious injury apart from the rape and that
the rape had not been premeditated since the men had gone into the
house in order to commit a robbery.
Goldstein J held that even if the rape had not been planned in advance,
it was no simple act - it "constituted a series of horrific invasions
of the sanctity of the complainant's body". He also rejected the
argument that the accused's youth and clean record could be seen as a
substantial and compelling circumstance, and held that it was the duty
of the court to impose a sentence of life imprisonment for the offence
of rape.
* In the case of S v Segole38, a 24-year-old woman was abducted at
gunpoint by two men. She was driven to a deserted farm, robbed of her
jewellery and valuables and then ordered into a the deserted ruin of a
house, where both men raped her. Afterwards, she was tied up and left
there. She managed to escape from the house, and reached safety by
stumbling through mud and swamps to a factory nearby.
It was advanced on behalf of the accused that the complainant had not
suffered any serious physical injury nor had she to be treated in
hospital. It was even argued that she exaggerated the severity of the
injuries and that the psychological trauma was not severe. It was
further argued that both accused were from a deprived background.
Jordaan AJ quite correctly took the evidence of the psychological
trauma experienced by the survivor into consideration and stated that
he could not "disregard these factors". He also stated that no weight
could be attached to the fact that the accused were from disadvantaged
backgrounds as they had not gained anything by raping the woman. They
could simply have robbed her and taken her vehicle - yet they chose to
humiliate and degrade her. In conclusion it was stated that "the
circumstances of this case do not create compelling circumstances
envisaged by Parliament."
* In the case of S v Shongwe39, a nine-year-old girl was raped in her
home by the father of her mother's boyfriend. He was interrupted when
someone entered the house. The district surgeon who examined the girl
stated that her injuries were slight in that there were two slight
vaginal tears, which appeared superficial.
Cillie J felt that any person with practical experience in criminal
cases and sentencing would regard a sentence of life imprisonment on
the accused in this case as "shocking". He interpreted the section of
the Act to mean that wherever a judicial officer is of the view that
the sentence which would have been imposed prior to the Act and the one
required in terms of the new Act are so different that it leads to an
injustice, then a departure from the Act would be justified. The court
held that the non-serious nature of the offence and the lack of real
harm to the child were sufficient grounds for departing from the
mandatory sentence requirement.
This decision needs to be compared with the decision of S v Mofokeng40
the court comes to exactly the opposite conclusion. Here it was held
by Stegmann J that for substantial and compelling circumstances to be
present the facts of the particular case must present some circumstance
that is so exceptional in its nature and that so obviously exposes the
injustice of the statutorily prescribed sentence that it can rightly be
described as "compelling".
The decision in Shongwe is patently wrong, and results in an
emasculation of the new legislation. It in no way takes into account
the purpose of the legislation or the ordinary grammatical meaning of
the words "substantial and compelling circumstances" as opposed to the
words "any other circumstance which in the opinion of the court should
be considered."
* In S v Mahamotsa41, two women under the age of 16 were raped on
separate occasions by a 23-year-old man. Both were raped more than once
by the accused, who had apparently taken them to his house by means of
a weapon or something resembling a weapon (the sentencing judgment is
not very clear in this regard). The second rape was committed after the
accused had been arrested for the first incident and released in the
care of his guardian.
Kotze J firstly listed a number of mitigating factors, which included
the fact that the complainants did not lose their virginity as a result
of the incidents. They had already been sexually active, and "one of
them, although only at school, had sexual intercourse with another
person two days before the incident" (our translation from the
Afrikaans original). In addition, the complainants had not sustained
any physical injuries or psychological harm.
The court then held that the following constituted a "substantial and
compelling circumstance":
"Although there was intercourse with each complainant more than once,
this was the result of the virility of a young man still at school who
had intercourse with other school pupils against their wishes, and,
note, school pupils who had previously been sexually active... Where
one is dealing with school pupils, and where, in addition, it appears
that the two girls concerned had already had intercourse before, one
really shouldn't lose perspective, especially not in relation to the
first count, which dealt with a complainant who had in any event been
naughty a few days earlier and had intercourse with someone else. The
injustice which she suffered in this case does not demand an unusually
severe sentence." [Translation from Afrikaans original.]
This judgment has a chilling effect, both in terms of its general
approach and its conclusion regarding "substantial and compelling
circumstances". In his interpretation of the Act and the phrase
"substantial and compelling circumstances", Kotze J perpetuates the
very myths surrounding rape that one would have hoped to see our courts
discarding, ie that rape isn't traumatic for a woman unless there are
physical scars and injury to show for it, that there are no
psychological consequences where a woman has been sexually active prior
to the rape and that so-called "rape" is often merely a matter of
misunderstood male virility.
* In its submission to the Committee, the Community Law Centre
expressed the view that, in the consideration by judges of what is
"substantial and compelling circumstances", the following factors
should not be taken into account:-
* whether the complainant has been sexually active;
* whether the complainant and accused know each other or are related;
and
* whether any real physical injury was sustained by the complainant.
Appeals from the Regional Court and the Sexual Offences Courts
O The President of the Regional Court in the Western Cape reported to
the Committee that, from 11 February 1997 till the present, about 850
matters were finalised in the Sexual Offences courts in Wynberg. There
were only about 40-45 appeals against convictions of which only 14 were
successful.
O Concern was expressed about a recent increase in the setting aside of
convictions and the reduction of sentences on appeal, especially in
view of the fact that magistrates had the best opportunity to assess a
witness's performance, an advantage a presiding judge on appeal does
not have. The President of the Regional Court in the Western Cape
indicated that they were particularly concerned about such appeals
being granted by acting judges.
O The Director of Public Prosecutions also expressed concern about
lenient sentences being handed down in matters where minimum sentences
were applicable, and indicated that his office were in the process of
taking various of these judgements on appeal.
Appointment of judges and disciplinary proceedings
O The chairperson of the Parliamentary Justice Committee and member of
the Judicial Service Commission (JSC), Advocate Johnny de Lange, made a
submission to the Committee regarding the JSC's approach to the
appointment of judges. The submission dealt, inter alia, with:-
* The JSC, as the body charged with advising the President on the
appointment of judges, constituted in terms of Section 178 of the
Constitution: the Chief Justice, the President of the Constitutional
Court, a designated Judge President, the Cabinet member responsible for
the administration of justice, two practising advocates and two
practising attorneys nominated from their respective professions
appointed by the President, one designated university teacher of law,
six members of the National Assembly, of which three must be from
opposition parties, four permanent delegates to the National Council of
Provinces and four persons designated by the President.
* The South African judiciary is composed as follows (as in November
1999):
Number of permanent judges in 13 divisions (including Land Claims
Courts, but excluding Labour Courts)
194
Women judges
10
Black judges (29 have been appointed since 1994)
30
Black judges who are heads of divisions (Chief Justice of Supreme Court
of Appeal, Judge President of High Court in Transkei and President of
the Land Claims Court)
3
* UWC's Community Law Centre pointed out in their submission that a
demographically representative judiciary does not guarantee race and
gender sensitivity. The ideal is that every person on the bench must
be sensitive to race and gender issues, irrespective of their own race
and gender.
* The Chief Justice has formulated the criteria for the appointment of
judges as follows42:
* Is the applicant an appropriately qualified person?
* Is she or he a fit and proper person?
* Would her or his appointment help to reflect the racial and gender
composition of South Africa?
* Is the proposed appointee a person of integrity?
* Is the proposed appointee a person with the necessary energy and
motivation?
* Is the proposed appointee both technically competent and able to give
expression to the values of the Constitution?
* Has the proposed appointee the appropriate potential?
* What message is given to the community at large by a particular
appointment?
o It is apparent from the aforesaid that there is no specific
requirement for knowledge on and sensitivity to issues relating to
women and violence against women.
O The President of the Regional Court in the Western Cape expressed the
view to the Committee that judges were mostly drawn from a pool of
senior advocates, usually men, whose experience was mainly in
commercial matters, and if they do have criminal experience, it was as
an accused-orientated defence counsel. They were therefore not
necessarily well-equipped to hear criminal trials and appeals.
O The Commission on Gender Equality reported to the Committee that it
was investigating the possibility of incorporating CGE into the JSC to
ensure the appointment of a more gender-sensitive judiciary.
O The Minister of Justice advised the Committee that draft legislation
on disciplinary and grievance proceedings for judges had been finalised
and is presently being circulated among the judiciary.
Education of judges
O Both the Department of Justice and the Chief Director of Justice
College reported that High Court judges resisted efforts to participate
in training on the basis that it may compromise judicial independence.
However, the Department has in the past reported on its Canadian
Justice Linkage Project, a five-year judicial training programme that
includes higher court judicial officers.43
O Constitutional Court Judge Kate O'Regan presented a report to the
Committee on her attendance at a judicial colloquium on the application
of international human rights law at the domestic level. The communiquÿ
adopted by the colloquium raised the following issues:
* the need for countries to seek ways to ensure access for women to the
justice system;
* the need for lawyers, legislators, judges & citizens to recognize the
importance of and be familiar with international and regional human
rights law;
* judicial education: calling "for all judges to engage in an on-going
process of comprehensive, in-depth and credible judicial education to
integrate CEDAW, CRC and other international human rights instruments
into domestic law and decision-making to enhance the social, political
and economic lives of women & children and to eradicate violence
against them", and "for Governments to support the judiciary in these
efforts, including through the provision of adequate resources";
* education for lawyers and citizens on human rights;
* the establishment of an international judicial education centre "to
assist countries in the design, development and delivery of judicial
education programmes on international human rights instruments and
jurisprudence", as well as "an international resource centre to advise
and assist law-makers, judicial officers, prosecutors and lawyers in
developing specific practices and processes required to implement and
integrate international human rights instruments into their domestic
legal systems".
* LAW ENFORCEMENT
Previous commitments and recommendations
o In its White Paper on Safety and Security in 1998, the Department of
Safety and Security stated that service delivery is a key aspect for
women who have often faced secondary victimisation from the SAPS in the
past. To give effect to various victim's rights (including the right
to be treated with respect and dignity, the right to legal advice and
the right to protection), "specific guidelines for use at station level
should be developed to ensure that in cases in which women have been
victims of sexual offences, rape or domestic violence they are treated
with extra dignity, compassion and care". The White Paper further
stated that these aspects would be developed in line with the existing
initiatives of the Victim Empowerment Programme (VEP) under the
National Crime Prevention Strategy (NCPS).44
o In its November 1998 report on Government's Implementation of CEDAW
and the BPA, the Committee recorded that it had received no response
from either the Minister of Safety and Security or the Independent
Complaints Directorate (ICD) to its May 1998 letters requesting an
update on programmes to combat violence against women, details of
budgetary allocations for implementation of such programmes and the
implementation by the SAPS of certain recommendations made by the ICD.
o In the 1998 report of the ICD45 on the conduct of members of the SAPS
made, inter alia, the following recommendations46:
* The SAPS should embark on an extensive training programme, aimed at
improving the member's understanding of the nature and consequences of
violence against women, the context within which such violence occurs
and is aimed at enhancing the member's capacity to respond
appropriately to such complaints.
* Suitably trained officers should be attached to each police station.
Complainants should be offered a choice of a male or female member to
assist in the initial stages of the investigation.
* Each police station should have a list of organisations that deal
with violence against women.
* The SAPS should review its mechanisms regarding the release of
information to the media so as not to discriminate against women and
not to invade their privacy.
o The Committee urgently requires a response from the SAPS and the ICD
as to whether any of the above recommendations have been implemented.
Present experiences of the SAPS
o Numerous submissions to the Committee indicated that the SAPS remains
inaccessible, insensitive47 and ineffective48 in preventing violence
against women and assisting victims of violence, thereby decreasing the
reporting of the crime and prosecution of attackers. The difficulties
can roughly be categorised as problems of attitude and abuse and
operational problems.
Attitudes and abuse
o Submissions described police as accusatory (Why did you go with him";
"You should not walk in that area alone"; "You know what happens at the
shebeens, you shouldn't have been there"), hostile ("you're wasting my
time... come back when you get your story straight"; "what do you want
us to do about it?"; "why did you wash yourself?") and uncooperative
("find him and then come back to us"; "sit there until a female officer
arrives to help you")49.
o Police were accused of trying to dissuade women from laying charges
against perpetrators by stressing negative outcomes/consequences for
women if they insist on the arrest of the offender.50
o Women also complained of poor police service in cases of domestic
violence, and two thirds of those who had gone to the police had
difficulty in convincing the police that they were in need of
protection or were not treated seriously: in 80% of cases, police
arrived hours later or the next day when called to the scene; 34% of
women were told to "stop wasting police time", 26% were accused of
provoking the violence, 39% were accused of lying; 74% were expected to
give statements in not their first language; 43% were told that
charges could not be laid due to lack of evidence; police also failed
to inform women on procedure, to update them, or to investigate the
complaint properly; 55% of complainants were told to "find their
attacker" before the police would arrest him.51
o The Commission on Gender Equality complained of the SAPS's failure to
take complainants seriously, even ridiculing complainants, failure to
provide sanctuary to complainants, failure to attempt to apprehend
abusers where warrants have been issued, and demanding that survivors
accompany police to point out perpetrators.
o Police, on the other hand, complained of women withdrawing charges,
lack of resources & transport, non-cooperation of victims in
investigations, "false complaints", and laws which limit police's right
to enter the respondent's home.
o Various allegations were also made about sexual advances by police
officers.52 It was also reported to the Committee that many policemen
are vulnerable to bribery by offenders53, resulting in case files going
missing, thus hampering the investigation and ultimately justice.54
o It is a requirement of CEDAW that government should take measures to
ensure that law enforcement officers receive training to sensitise them
to the needs of women.55
o The National Network on Violence Against Women reported that, while
it is recognised that training will facilitate the development of more
humane treatment of women by police and other officials, gender-
sensitive training has in the past not resulted in gender-sensitive
practices in the police workplace. There is thus a need to evaluate
the outcome of training, and its application in the workplace.
o Tswaranang Legal Advocacy Centre to End Violence Against Women made
the point that the mainly military training of police does not equip
them to deal sensitively with issues of violence against women.
o In a written submission, the National Police Commissioner advised the
Committee that a training programme had been developed to equip members
with basic knowledge and skills in this area and all SAPS members would
be trained in this over the next two years.
o The Department of Safety and Security reported56 to the Committee the
following efforts to address crimes against women and children:-
* the SAPS has declared crimes against women and children a policing
priority for the third consecutive year;
* a "national instruction" has been issued with regard to the support
of sexual offences and crucial aspects of the investigation thereof. A
video-recording of this national instruction was made and distribute
countrywide;
* basic training, detective training and specialised training courses
(on, for example, the investigation of sexual offences, family violence
and child protection) are in place for members of the SAPS, with
special attention to dealing with women survivors;
* the SAPS is represented at Interpol's Standing Working Party on
Offences Against Minors.
Operational problems
o There still appears to be a gross discrepancy in the distribution of
police stations in historically disadvantaged areas, and in particular,
in rural areas. It was reported to the Committee that permanent police
stations feature in only 14% of historically black areas and in 86% of
historically white areas. The main service providers in black areas
are satellite stations and contact points.57 The majority of South
African women reside many miles from the nearest police station or
magistrate's court, limiting their access to justice.
o It was reported that policemen refuse to respond to calls by women by
saying that they do not have vehicles to come to the complainant.58
o The National Network on Violence Against Women submitted that there
are too few female police officers to counsel survivors of violence,
and that they received repeated requests by women for counselling by
female officers.
o Women described such difficult experiences as waiting for hours at
the police station, having to repeat their story to various different
police officers, not having statements taken in their first language,
and poor follow-up about arrests, detention or bail hearings of the
accused.59
o The Office of the DPP emphasised that police need to be trained on
the techniques of collecting DNA evidence and its preservation.60 They
need training on how to deal with traumatised victims and children when
asking questions particularly as most rapes are not committed by
strangers but by those close to the victims, such as relatives.
o The Police Commissioner also told the Committee that police stations
are in the process of becoming more victim-friendly and that R1 million
had been allocated for rape victim care packages containing basic
toiletries.
o Concern was also expressed about the SAPS's compliance with the
Domestic Violence Act, which comes into operation on 15 December
1999.61 By way of example, the DVA makes provision for the complainant
to receive a notice of her rights in her official language and to have
the contents thereof explained to her. Most police stations are
understaffed and no more than three official languages are spoken. It
did not appear as if additional personnel had been allocated to
stations for the implementation of the DVA, nor had strategies to
address this issue been developed.
o The National Police Commissioner advised the Committee that SAPS
national instructions have been compiled in preparation for the
implementation of the DVA and that all SAPS members must be trained in
terms of these instructions.
o The Department of Safety and Security also reported to the Committee
the efforts of the SAPS to transform its existing Child Protection
Units into specialised Family Violence, Child Protection and Sexual
Offences Units.
* These FCS units are responsible for policing the crimes of assault
with the intention to do grievous bodily harm and attempted murder of a
victim older than 18 years where the crime is committed in the context
of a family. The units also have jurisdiction over sexual offences
(where the victim is 18 and older) including rape, indecent assault,
incest and violation of the Sexual Offences Act62 with regard to the
sexual exploitation of adults. The FCS units are also responsible to
police the following crimes where the victim is under the age of 18:
rape, indecent assault, sodomy, incest, attempted murder, assault with
the intention to do grievous bodily harm, common assault (where three
or more incidents occur in the context of a family), kidnapping,
abduction, violation of the Sexual Offences Act with regard to the
sexual exploitation of children, the Child Care Act63 and the Films and
Publication Act64 relating to child pornography.
* Fourteen of these FCS units are already operational. There are 27
Child Protection Units and four Indecent Crime Units situated in the
main centres, while specialised SAPS members attached to the Detective
Service operate in 156 smaller centres across the country. Where no
such special unit or individual is operational, members at the local
detective service or police station police the crimes.
* Members of the FCS units receive a three week training course
presented by experts including psychologists, criminologists,
advocates, medical practitioners and senior police officers.
o The following issues still has to be addressed by the Department of
Safety and Security:-
* the development of a profile of rape survivors and perpetrators;
* disciplinary action against members of the SAPS who are themselves
perpetrators of violence against women;
* the technical aptitude of investigating officers in the investigation
of charges of violence against women, especially rape;
* the establishment of specialised units for rape and other violence
against women and children; and
* the Department's participation in trauma centres for rape survivors.
* WELFARE SERVICES AND SHELTERS
o The February 1996 Beijing Cabinet commitments relating to violence
against women include:-
* the provision of shelters and relief support to women and girls65;
* increasing the understanding of policymakers and implementers of the
impact of violence on women and girls; and
* encouraging the media to present positive images of women.
Counselling and shelters
o Participants in the hearings reported an absence of proper
counselling for women who are survivors of violence. It appeared that
officials and professionals were not adequately trained to give
meaningful assistance to survivors of violence. It was also reported
to the Committee that young women face additional difficulties, since
schools are reluctant to deal with sexual assault and see rape as a
"police issue" while families tend to "hide" the problem.66
o NGO's and CBO's also reported a severe lack of temporary safe housing
for women as a means of escaping situations of violence.67 This
Commission for Gender Equality called for the urgent establishment of
shelters in especially rural areas.
o Nisaa reported to the Committee that, at present, most shelters are
funded by overseas donor agencies. They submitted that it is
imperative that South African shelters begin to find local funding in
the interest of sustainability. Since many NGO's have developed
considerable expertise in running shelters, Nisaa is of the view that
NGO's should run the services with government funding, and NGO's thus
being accountable to government.
o The University of Cape Town's Institute of Criminology's Gender, Law
and Development Project presented a submission on research undertaken
in rural areas in the Southern Cape, and drew the following findings to
the committee's attention:
* Participants reported fear of retaliation, public humiliation,
ostracism by family and friends and little faith in the police and
courts.
* Women reported little or no support from family or the community;
women were often too scared of retaliation to help other women, family
members blamed the victim for not being obedient enough, with further
retaliation from the abuser who has now been humiliated before his
family.
* Participants reported little or no assistance from social workers
from local welfare agencies, namely the Department of Welfare and the
Christelike Maatskaplike Raad (both of which prioritised child abuse):
women expressed a strong need for more and better domestic violence
counselling and shelters.
o The Gender Advocacy Project (GAP) stated in their written submission
to the Committee that support services such as shelters, financial
support, legal assistance, police protection, access to housing,
education, training, employment opportunities, psychological services
were essential to assist women to transcend the cycle of abuse.
o The Welfare Ministry reported to the Committee on the following
achievements and proposed projects:-
* A service directory for police and other professionals has been
developed.
* "One-stop service" shelters were being planned. The Department
intends piloting these shelters in under-resourced provinces.
* The Department had embarked on training of SAPS and Department of
Justice officials on the provisions of the DVA. Training of social
workers and volunteers would take place in January/February 2000.
* The Department was planning public education and awareness campaigns
on the DVA, and was also in the process of informing provincial Welfare
Departments.
* The Victim Empowerment Programme (VEP), a key programme of the inter-
ministerial National Crime Prevention Strategy (NCPS), has been
launched and R6 million allocated to the VEP. Provinces and projects
responsive to needs of women and girls receive priority in the
allocation of funds. 42 service centres for victims of violence were
already operational and had been allocated funding of R2,25 million.
The funding of nine outreach centres in the provinces is detailed
below.
o In the White Paper on Social Welfare of 1997 guidelines for strategy
include strategies to counteract all forms of abuse and violence
against women, support services for women who have been battered, raped
and sexually abused, the training of police officers, magistrates and
criminal justice personnel in the management of violence against women,
gender sensitive welfare services and taking into account women's needs
as care givers.
o The Department of Welfare indicated to the Committee in its 1998
progress report that it was encouraging the media to present positive
images of women through a "white ribbon campaign" and the "taxi-net
campaign".68
o The Department of Justice reported to the Committee that it has
established a 24 hour helpline for abused women.
o The following issues remain to be addressed by the Department of
Welfare:
* the Department's efforts to ensure that women are not discriminated
against with regard to welfare grants and properly regarded as main
care provider, in particular in situations where the husband is alive
but absent or unemployed;
* the Department's efforts to ensure the allocation of more funds to
care dependency grants for seriously impaired children.
Transport
o Various submissions described the difficulties experienced by
especially rural women in accessing health care and legal services due
to in accessibility of transport.
o UCT's Institute of Criminology's Gender, Law & Development Project
reported69 to the Committee that, in a study conducted among rural
women in the Southern Cape, almost 35% of women travel to or from work
in the dark in rural areas. It was also found that 54% of historically
disadvantaged groups walk to and from work on foot.
o The Department of Transport was not requested by the Committee to
participate in the hearings. The Committee intends requesting the
Department to furnish it with its formal response to the following
issues70, with reference to its White Paper on National Transport
Policy of 1996:-
* the Department's efforts to make public transport more accessible and
affordable to women, who rely on these services for access to justice
and health care services;
* the Department's efforts to improve transport within villages and
towns, as well as transport to and from rural areas;
* the Department's efforts to ensure the safety of women on the public
transport system, with particular reference to more conductors and
alarm cords on trains, safe waiting places at train stations and
special measures for transport services after standard commuter times.
* HEALTH CARE
Medico-legal examinations
o Various submissions to the Committee reported on practical
difficulties experienced with the required medico-legal examination of
the victims of sexual assault and rape:
* Health care services are disproportionately concentrated in
historically white and urban centres. Most district surgeons in the
rural areas work part-time, combining their official duties with
private practice.71
* A concomitant lack of access, mainly transport, especially for rural
women. UCT's Institute of Criminology's Gender, Law and Development
Project reported that rural women were severely affected by the lack of
operational telephones, long distances to travel to police stations
(which are often inaccessible and poorly resourced) and to clinics and
hospitals.72 Police are supposed to transport women to district
surgeons, but seldom do so, partly as a result of shortage of police
vehicles.73
* Lengthy waiting periods74 between reporting the crime to the police
and the medical examination, which not only compounds the victim's
trauma, but is also a deterrent to proceeding with criminal charges.
One research report showed that only 54,8% of survivors were examined
within 3 hours of reporting to the police.75
* A lack of privacy during the medical examination and a failure on the
part of district surgeons to explain the reasons for and nature of the
examination, often due to linguistic problems;76
* Inadequate treatment for conditions such as HIV/AIDS, STD's and
pregnancy, or treatment without even the most basic of explanations of
the health risks faced by rape survivors. Often the necessary
treatment, such as post-exposure prophylaxis, is not available. The
absence of pre- and post - HIV test counselling was also reported.77
* The President of the Regional Court in the Western Cape further told
the Committee that district surgeons often lack expertise and
equipment; there have also been cases where district surgeons have
refused to examine drunk & drugged victims. The Masimanyane report
admitted reluctance on the part of district surgeons to appear in
court, and there was even the suggestion that district surgeons
deliberately completed the J88 form in an inadequate manner to avoid
being called as a witness.
* A specific request was tabled by the President of the Regional Court
to remove question 11(e) ("date of last intercourse with consent") from
Form J88 on the basis that it is an unnecessary invasion of the privacy
of the survivor.
o Traditionally, forensic evidence collected by the health workers has
not been adequate for the prosecution of alleged offenders. The Head
of the Sexual Offences and Community Affairs Unit in the Office of the
Director of Public Prosecutions reported to the Committee on a
successful pilot project in Kimberley, which provided training for
forensic nurses to collect evidence and give expert evidence in rape
and sexual assault trials. The Office of the DPP indicated that their
view was that forensic training had to be extended to nurses and where
possible they should be able to give expert evidence, especially in
rural areas, where there is a shortage of medical facilities.
Physical and psychological aspects of treatment of victims of violence
o It further appeared that few health care workers were properly
equipped to deal with both the physical and psychological aspects of
the treatment of women and children who were victims of violence,
especially sexual violence.
o The Women's Health Project reported that most of the general
practitioners surveyed by them felt inadequate in coping with issues
surrounding domestic violence. Thirty-three percent of the GPs who
attended the course reported that they saw women in violent situations
almost on a daily basis and a further 13 % saw them at least once a
week. Sixty two percent of the doctors saw women who had been raped
more than once a month. Where the GPs could deal with the physical
aspects such as rape and injury, they were wary and felt ill-equipped
to deal with "private" aspects of the problem such as offering
counselling and referring the survivor to social structures that could
offer assistance (such as legal institutions and shelters).
o Ilitha Labantu reported that district surgeons and hospitals were
only concerned about rape victims when the survivor showed physical
injuries.
o The Office of the Director of Public Prosecutions (DPP) raised the
issue that medical students must be trained properly on how to examine
sexually assaulted victims.
o It also appeared that health workers were perfectly positioned to
assist women who are victims of violence, with a significant majority
of women informing the health care worker who treats them of the
identity of their abuser.78
o Many health workers, however, are not trained to deal with issues of
violence and an education and counselling opportunity is therefore
missed.79 Women's Health Project reported to the Committee that, while
the Department of Health recognises the problem of violence against
women and intends to develop programmes, there is no institutionalised
training at present in the medical or nursing curriculum or in-service
training to prepare health workers to deal with violence against women.
This is borne out by the fact that only 10% of health workers
routinely ask clients about domestic violence: the reasons for not
inquiring about abuse were feeling professionally and personally ill-
equipped to deal with such problems (40%), perceptions that it is
unnecessary (47%) and being too busy (13%).
o In the Department of Health's 1998 progress report to the Committee,
the Department stated that it had joined other countries to discuss a
resolution on the prevention of violence as a public health priority,
that it participates in the National Network on Violence Against Women
and that it assisted in developing guidelines for survivors of sexual
offences.
o The following issues80 remain to be addressed by the Department of
Health:
* the necessity of shifting the focus of health care services for women
from childbearing to reproductive health, including counselling and
education on and treatment for reproductive health, including
infertility, sexually transmitted diseases and especially violence
against women; and
* training and education of health care workers in domestic violence as
a mainstream health issue.
HIV / AIDS and violence against women
o Women and children who have been the victims of sexual abuse and
violence face special risks of contracting sexually transmitted
diseases (STDs), and in particular HIV/AIDS.
o The violence and coercion involved in the sexual relationships of so
many men and women in South Africa limit especially young women's
capacities to protect themselves against HIV/AIDS.81 In research
conducted among women in three South African provinces82, CERSA
reported that many women indicated that their partner openly brought
girlfriends home or boasted about them, and that even more women
indicated that they did not perceive that they were able to refuse sex
with their husbands. Given the pattern of gender relations described
in this research, it is likely that women would not be in a position to
insist on condom use, even if they wanted to, and in relationship
characterised by physical violence they faced further abuse.
o Various perverse myths have arisen during the last decade connecting
sex with certain types of women with a cure for AIDS, thereby adding a
new dimension to sexual violence against women. In 1990, a document
appeared calling on African men in the Durban area to acquire "the AIDS
antibody" by raping Indian women. Even though the flyer was believed
to be the work of a "third force" intent on aggravating conflict in and
between black communities, it still succeeded in increasing the fear
surrounding the disease. There is also a well-circulated myth that sex
with a child virgin will cure oneself of the virus.83
o Lisa Vetten writes84 that, although it is extremely hard to show a
correlation between the incidence of rape and suspected or confirmed
HIV positivity, the desire the spread the disease to ensure one does
not die alone, coupled with anecdotes like those above, does suggest
that HIV/AIDS needs to seriously considered in trying to understand
factors giving rise to rape in South Africa. Certainly, it would seem
that rapists may be targeting younger girls and children in the belief
that, being less sexually active, they are also less likely to be HIV
positive.
o Government funding of the controversial anti-retroviral drug AZT -
widely used in the treatment of AIDS - for rape survivors has received
much attention in the media and from the public during the last months.
o In an address to the National Assembly on 16 November 1999, the
National Minister of Health, Dr M E Tshabalala-Msimang, indicated that
it is conservatively estimated that up to four million South Africans,
approximately 10% of our population, have been infected with the HIV
virus. The Department of Health reported in 1999 that young women in
there 20s have the highest infection rates. 26,1% and 26,9% of pregnant
women aged 10-14 and 25-29 respectively are HIV positive.85
o The Minister further stated in her address that the government does
not supply AZT (which is generally used in conjunction with other
drugs) to people infected with HIV/AIDS (including pregnant mothers)
and people who may have been infected through needle-pricks or through
rape, on two grounds:-
* Affordability. In her address to Parliament, the Minister stated "We
simply cannot afford AZT. At current market prices the cost of the
triple therapy drugs alone, for the treatment of four million South
Africans, would be ten times the total South African health care
budget, and 140 times what we spend on pharmaceuticals in the public
sector."
* The absence of proper research on the possible harmful side-effects
of AZT, in particular its toxic profile.
o With regard to the treatment of rape survivors, the Minister said the
following:
"I must draw your attention to the fact that AZT is not registered for
this particular use in South Africa, or to the best of my knowledge,
anywhere else in the world.86
"It is extremely unusual to expose healthy adults or children to a drug
like AZT, that was developed for use in chemotherapy, and that is known
to have caused cancer in animal studies. Few drugs on our market are
known carcinogens in animal models, and those that are, are mainly used
to treat patients with established serious conditions such as cancer,
where their effects have been carefully studied in clinical trials, and
where their use is strictly controlled.
"We have absolutely no idea of what the effects are, either short-term
or long-term, of using AZT, a known carcinogen, on healthy people. The
use of AZT is, at the present time, illegal, aside from it being
dangerous."
* INCARCERATION OF OFFENDERS
o The Department furnished the Committee with the following relevant
statistics87 about prisoners presently in the care of the Department:-
* There are 12 034 prisoners convicted of sexual offences - 11% of the
total sentenced prisoner population.
* There are 4 111 sentenced and unsentenced female prisoners: 871
(21,1%) have been convicted of murder, 516 (12,6%) of assault, 347
(8,4%) of narcotics-related crimes, and 326 (7,9%) of fraud.
* The average age of female prisoners was 30,77 years, and the average
sentence of those already sentenced was 36,38 months. There are 315
infants in prison in the care of female prisoners.
* As at 30 April 1999, the number of HIV-positive prisoners was 1 789,
a 25,46% increase from the number of 1 426 in May 1998.
o The Department of Correctional Services presented a submission88 to
the Committee describing their extensive education and rehabilitative
counselling programmes for inmates89, and in particular perpetrators of
sexual violence. Convicted rapists receive counselling and treatment
from psychologists as they have been identified as a priority target
group. The Department conceded that their rehabilitative efforts were
difficult to measure due to a lack of statistical support.
o The Department reported on their education programmes for women
inmates (such as programmes on adult basic education and training,
reproductive health, including HIV/AIDS, parenting skills, and stress
and anger management, alcohol and drug abuse). The Department also
makes use of NGO's, such as People Opposed to Women Abuse who hold
workshops on violence for female offenders who have committed violent
crimes.
o Departmental policy stipulates that mothers with infants and young
children90 must be kept in a separate Mother and Child Unit, where
surrounding and facilities are complementary to sound physical, social
and mental care and development of the child.
o It was also reported that the Department now had a programme in place
by which all reasonable efforts were made to notify victims of the
parole hearings, release or escape of prisoners. Victims may make oral
representations at parole hearings without the prisoner being present,
or written representations. The victim may also request to have
certain conditions included in the prisoner's parole conditions,
especially in rape and child abuse cases, such as that the offender is
restricted from certain public or residential areas.
o The Department's submission points out that a victim or relative is
responsible to inform the Commissioner of Correctional Services in
writing of her contact details, changes of address, and costs incurred
to attend the parole board hearing.
o The Department also attempts to assist prisoners about to be release
by way of counselling, accommodation and transport arrangements and
community integration programmes to assist prisoners to obtain
employment on release.
* RECENT RESEARCH ON VIOLENCE AGAINST WOMEN
o Several research reports were presented to the Committee at the
hearings. The findings, which appear important to the Committee, are
summarised below. The Committee requests that these summaries should
not be used without reference to the entire research reports, copies of
which are available from the Committee clerk. It is always necessary
to take into account the limitations of such research, which were all
conducted in specific geographic areas, and to recognise the danger of
generalisation. These difficulties only highlight the dire need for a
proper statistical database on issues relating to violence against
women and children and gender attitudes.
o UNISA's Institute for Social and Health Sciences presented a research
report on rape surveillance through district surgeon offices in
Johannesburg from January 1996 to December 1998. Some of their
findings on an analysis of 1401 rape cases reported at the Hillbrow,
Lenasia South and Chris Hani Baragwanath medico-legal clinics during
this period were the following:
* 51% of survivors were between ages 15 and 25;
* 80% of survivors were African, 10,2% Coloured, 8,1% White and 1,8%
Asian;
* 88,3% of rapes were perpetrated by a person of the same race group as
the survivor;
* 58,2% of rapes occurred over the weekend, and 43,7% took place
between 18h01 and 0h00, i.e. most rapes took place after working hours
and after dark;
* 44,7% of survivors were acquainted with their attacker in some way:
21,9% of victims knew their attacker by sight, 5,7% were "friends",
4,2% were relatives, 3,4% were ex-boyfriends, 3,1% neighbours, 1,5%
family acquaintances, 1,2% boyfriends and 0,8% co-workers91;
* Younger victims were more likely to know their attackers: offenders
were known to 57,4% of victims between ages 1 to 12, 53,8% of victims
between 13 to 19 years (the perpetrator was unknown to 61,6% of victims
between 20 to 30, 64% of 31 to 40, and 83,3% of those older than 50);
* 31% of rapes were committed in open fields, 29,1% in the rapist's
home, and 14,2% in the victim's home. 32 cases occurred in Hillbrow,
70 in the Johannesburg CBD, 60 in Lenasia, 50 each in Berea, Orange
Farm, Soweto, and 46 in Joubert Park;
* A single perpetrator committed 73% of rapes, while 27% involved
multiple attackers (two attackers - 13,6%, three attackers - 6,4% and
four attackers - 7%);
* Where a single perpetrator was involved, 51,5% of perpetrators were
known to their victims, and 48,2% of rapes occurred in homes (32,3% in
the rapist's home and 15,9% in the victim's home);
* Where multiple attackers were involved, 75,1% of the perpetrators
were strangers to the victims, and 50,8% of the attacks occurred in
public areas;
* Weapons were used in 54,9% of attacks: mostly knives (50,9%) and
firearms (35,3%). In 85,5% of cases the weapon was used to threaten
only.
o UCT's Institute of Criminology's Gender, Law and Development Project
presented a submission on research undertaken in rural areas in the
Southern Cape92, which found that the statistics and dynamics of rape
are similar in rural areas to those in urban centres, but significant
differences are identified in access to justice & support after the
attack. Participating women estimated that 80% of women, on average,
are victims of ongoing domestic violence.
o Rural women experienced and witnessed injuries ranging from burns
from boiling water to severe head injuries, resulting in loss of
hearing and sight. Steel pipes, sticks, knives, furniture, boiling
water, fists, pieces of timber and kitchen utensils were all used on
women in their communities. Participants stated that, in their
community, men were "professionals" in domestic violence, hitting a
woman on her body and not on her face, so that the injuries are not too
identifiable, but when she has been accused of infidelity, women
sustain head and facial injuries "to make her ugly to other men".
o One participant described the domestic sexual abuse of a family
member as follows:
"What can she do if he comes home, drunk, kicking the door, the
children and everything has gone mad? When she is sleeping, he turns
up the music loud and come to her and makes her sleep with him. And
she only wants to please her husband but she does not like it. He is
very aggressive in their bed with . She does not believe it's really
rape when it is her husband. Neither does he. He says 'you're my
wife, I can do what I want to do'.
"Even if she says no, her husband gets cross and hits her and keeps
doing what he wants to do. It is very painful, but she cannot scream
because her children are there. That is why he turns on the music.
But, she says her children know what is happening. She can hear them
crying.
"She reports him to his family. His family says 'what's wrong with you
that you don't want to please your husband' or 'what are we supposed to
do... you must have sex with your husband'.
"Sometimes husbands listen but they mostly say it is nonsense and if
the women do not like it, they must leave the house. What must we do?
Go to the police? Even if you are raped by a stranger they don't
believe you and now you must tell them your husband is raping you?
They are just as bad as the husbands. They ridicule you too and tell
you that you are full of shit and you are wasting their time. You can
have scars on your face... bleeding... and the police will send you
home to 'sort it out with him'. Rape by your husband is only real in
the law."
o Participants listed domestic violence, alcoholism, under- and
unemployment, the rape of women and property crime as major problems in
their communities. Participants reported a link quantified at 75% to
100% between alcohol and violence in their communities: Women reported
that the highest levels of crime against women and children,
particularly sexual assault and rape, occurred in close proximity to
shebeens. It also appeared that age restrictions for buying alcohol
were almost non-existent.
o Rape and the sexual molestation of children were seen as the biggest
threats to women and girl children in the communities, not only due to
the violation of women's physical and sexual integrity, but also due to
other consequences of rape, such as death, injury, impregnation and
STD's.
o Economic abuse was a notable feature of the research, and included
withholding money, stealing money earned by her, throwing the victim
and her children out of the home (or threatening to do so) or the
practice of giving money to the eldest son (no matter how old he is).
But most commonly, men gave money irregularly to the women to provide
for their families, and women were subsequently beaten if the husband
found meals or the home unsatisfactory.
o Women listed the following causes of domestic violence: Lack of
respect for women, problems with children (misbehaviour or neglect),
unemployment and alcohol abuse, suspicion or jealousy, and culture
(with special reference to lobola).
o The report lists the following reasons for the limited access to
justice for rural women:
* Economic disempowerment (as a result of lack of education and
unemployment) was mentioned as being the single factor, which prevent
women from removing themselves from the domestic violence. Most women
who participated in the research had no credit rating or no cash to
draw on in an emergency. These financial restrictions resulted in
isolation and domestic "confinement", and dictated their physical
mobility, access to education, recreation, where they could shop, what
they could buy and also access to each other.
* Women in rural areas lack nearby services and the cost of transport
decreases a woman's ability to leave violent situations or even seek
information or assistance to deal with the problem. Distances to basic
public services are great and child care is a problem if travel is
necessary. There are no or limited taxi and bus services and if they do
exist they are expensive.
* Limited access to state and private health, welfare and justice
services results in systemic discrimination by the state in almost
every area of rural women's lives.
* Women in rural areas have little option but to remain in the home
with the offender because there are no accessible safe houses or
shelters. Rural women remain in abusive relationships because they have
little access to economic resources.
* Women in small rural communities articulate fears of community gossip
or alienation from their communities if they seek assistance.
* Women remain powerless over alcoholism within their communities.
* Very few development services exist in rural communities.
o The combined effects of poverty and violence for rural women in the
Southern Cape create formidable barriers to women's equality, mental
and physical health, and their full participation in civil society.
Current law contains systemic inequalities, state legal structures are
inherently discriminatory against women and, more specifically, do not
meet the needs of rural women.93
o The Medical Research Council's Centre for Epidemiological Research in
SA ("CERSA") presented three research reports at the hearings, which
will be dealt with in turn below.
o CERSA presented a research report on domestic violence based on the
first major community-based prevalence study conducted among women in
Eastern Cape, Mpumalanga & the Northern Province.94 Its main findings
were the following:-
* emotional, financial and physical abuse are common features of
relationships and that many women have been raped;
* physical violence often continues during pregnancy and constitutes an
important cause of reproductive morbidity;
* many women are injured by their partners and considerable health
sector resources are expended providing treatment for these injuries;
* injuries result in costs being incurred in other sectors, notable to
the family and the women's community and to employers in the national
economy.
o The report's findings on the prevalence of violence against women is
demonstrated in the following table:-
Eastern-Cape
Mpumalanga
Northern Cape
Abuse by a current or ex-partner in the past
26,8%
28,4%
19,1%
Abuse by a current or ex-partner in the last year
10,9%
11,9%
4,5%
Rape
4,5%
7,2%
4,8%
Physical abuse during pregnancy
9,1%
6,7%
4,7%
o The study shows that considerable mental distress is associated with
abuse. Of the women who reported being abused in the past year, 27,9%
(Eastern Cape), 24% (Mpumalanga) and 14,3% (Northern Province)
indicated that they have suicidal thoughts.
o When asked about women's perceptions of culturally accepted gender
relations, there was considerable agreement with patriarchal gender
relations (including subservience of women to her husband, punishment
of her by him in some situations, male ownership of women and the
interpretation of beating as a sign of love), but women also indicated
that the prevailing gender attitudes in their culture was much more
patriarchal than their personal views, and a considerable number of
women disagreed with notions they conceded to be "culturally accepted",
such as "if a man pays lobola for his wife she must have sex when he
wants it". Only 57% (Eastern Cape), 40,4% (Mpumalanga) and 40,9%
(Northern Cape) of women believed that a woman can refuse to have sex
with her husband. 80,1% (Eastern Cape), 91,4% (Mpumalanga) and 86,8%
(Northern Cape) of women indicated that a man hitting his wife or
girlfriend was never acceptable.
o The report also mentions that there was considerable disagreement
amongst the women about the meaning attached by their culture to
customs like lobola, indicating the possibility of popular discussion
and examination of these traditions.
o Research conducted amongst pregnant Xhosa-speaking adolescents in
Khayelitsha95, initially intended to focus on contraception, bodily
knowledge and pregnancy, found that male violence dominated the sexual
relationship of these women. Conditions and timing of sex were
entirely defined by their male partners through the use of violence and
through the circulation of certain constructions of love, intercourse
and entitlement to which the women were expected to submit. The
research report also states that violence against young women within
their sexual relationship has been particularly neglected in the
spheres of health and education. Some of the findings are the
following:
* First sexual encounters were mostly reported to have occurred at a
young age, often 12 years, with a male partner about 5 years older.
* Many participants indicated that sex was a strategy to avoid peer
ostracism, and the mystifying of sex and its mechanics emerged
repeatedly through a lack of input by sexually experienced female
peers.
* Women were therefore initiated into the sexual matters by men, who
repeatedly refused to explain what was about to take place. Most
participants reported that they had been deceived or coerced into sex,
and that attempted resistance was met with violence or threats of
violence.
* 22 of the 24 participants reported having been beaten by their
partners on multiple occasions, and the remaining two had been
threatened with assault. The assault occurred primarily when women
attempted to refuse sexual intercourse, which the women stated
signified, in men's eyes, that the women had other sexual partners.
Assault was perceived to be male strategy for "getting you to love
him".
* Women said that the forced intercourse they experienced with their
partners could never be termed rape.
* Many women continued intercourse and did not attempt to end the
relationship because they feared more violence. Despite the violence,
the men demonstrated material generosity in the form of clothes, food
and money. One participant said "it is alright as long as he doesn't
beat me every day."
* Most participants stated that they felt unable to discuss sexual
matters and contraception with their male partners, and for some
contraception appeared to be completely non-negotiable in view of angry
responses by their male partners when the issue was raised.
* Out of 24 adolescent women, only two mentioned that they ever
actively wanted to have sex now, but emphasises that women were not
allowed to demonstrate desire or initiate sex. Many women stated a
desire to be in a non-sexual relationship characterised by co-operation
until they were older.
o CERSA also reported on research conducted among young people in
Umtata96. Some of their key findings were the following:-
* Many participants reported physical assault and rape or coercive sex.
Out of the thirty 16-26 year olds who participated, 16 out of 22 girls
reported assault by at least one male partner, and 6 out of 8 boys
admitted to having beaten their girlfriends on more than one occasion.
* Violence was used by boys as a way of imposing the rules of a
relationship and was particularly associated with girls' rejections of
"proposals of love", attempts to end relationships, refusals of sex and
their actual or suspected infidelity. Relationships were characterised
by extreme suspicion around partners' activities with others, and it
appeared to be a common assumption that a refusal to have sex implied
that the girl had another sexual partner.
* Physical violence was a way of life for not only the teenagers, but
in all community relationships.
* The gender identities of the participants were substantially
constructed in terms of their success in sexual relationships, and
pursuits of gaining and keeping boy- and girlfriends were overwhelming
preoccupations for these young people.
* Neither teachers nor parents made any effort to promote safe dating
or to interfere in the violent activities. Sexual relationships
between girls and male teachers were commonly reported, and often
involved coercion and even violence on the part of the teachers.
o A research report amongst male municipal workers in Cape Town aimed
at establishing the prevalence of abuse as reported by men, as well as
risk factors associated with woman abuse. Some of the findings were the
following:-
* 44% of men reported having physically or sexually abused a partner
within the last 10 years - 8% reported physically abusing a partner in
the last year.
* One third of the 44% said they had raped (more often) or attempted to
rape their partner.
* Men who reported physical and sexual abuse was five times more likely
to use psychological abuse, four times more likely to use verbal abuse
and twice as likely to use economic abuse.
* 75% of the abusers said it was "OK" to hit a woman, and another 25%
of those who didn't report abuse also agreed. The circumstances given
by the men when it is "OK" to hit a woman were "when she neglects her
responsibilities", "when there are no clean clothes", "when she come
home late", "when she don't listen" and "when she is cheeky".
* The sample consisted of 64,7% Coloured men, 25.2% African, 8,6% white
and 1,5% Asian men. From this sample, abusers were more likely to be
young and Coloured men, likely to have been in jail, to have been
arrested, to have belonged to a gang; non-abusers were likely to have
had education beyond standard 8 and likely to be active in religion.
* Abusers acknowledged that their use of alcohol and marijuana was a
problem.
* Witnessing abuse of their mothers by their fathers as a child was
associated with being an abuser. 34,2% of men who reported abuse
reported witnessing their mothers' abuse by their father or a
boyfriend, while only 15,9% of men who did not report abuse witnessed
such behaviour. 38,5% of men who reported abuse also reported
witnessing their sisters' abuse by her husband or a boyfriend, while
21,2% of men who did not report abuse witnessed such behaviour. An
average of 86,1% of the entire sample reported receiving physical
punishment as a child - men related stories of severe discipline and
bizarre punishment in which their fathers had a central role.
* The report mentions that, during their interviews, many of the men
became emotional when talking about their childhood and the abuse of
their mothers, and many said they had never had the opportunity to talk
about it before.
* It is apparent from the study that men's attitudes towards women and
their perceived roles influenced the reasons for conflict with partners
in abusive relationships. In relationships where there was less
expectation that a woman should obey her partner, less of belief in
male sexual entitlement, less fear of infidelity, much less conflict
was experienced. Men reported "she sits on his head" or "she answered
him back" or "talking to other men" as reasons for conflict.
* Many men reported being frustrated at work where they have to "accept
the shit of the bosses". One explained his frustration of not being
able to provide adequately for his family as "it is one of the things
to be a man".
* Most of the men did not think shouting and swearing at or humiliating
a woman was a form of violence.
o The Centre for Rural Legal Studies furnished the Committee with a
research report on the plight of women farm workers in the Western
Cape. The report recounts attitudes of violence and abuse among male
farmworkers, reinforced by extreme financial dependence of women:
* 67% of all employers stated that domestic violence occurs on their
farms.
* 50,9% of employers agreed that they tacitly include a male worker's
female partner in his employment agreement, while 60% of employers
insist that a male worker's partner must be available to work on the
farm.
* 52,4% of women report that the house is linked to their male
partner's contract. 48,6% of employers stated that, should a male
worker leave or die, his female partner would have to leave the farm.
* Only 21,1% of women stated that they had access to legal aid, and
more than half of women said it was extremely difficult to access these
services during working hours.
o The 1998 South Africa Demographic and Health Survey97 reported
statistics on violence against women that were significantly lower than
those reported by other studies:-
* 13% of women reported having been beaten by a partners, of which half
reported abuse in the last year.
* 43% of those who reported abuse in the last year reported needing
medical attention as a result of such beatings.
* Only 4% of women who had ever been pregnant reported physical abuse
during pregnancy.
* Only 4% of all women reported ever having been raped.
o The Survey mentions that the under-reporting of gender violence is
well-recognised and should be taken into account in interpreting its
results, especially in view of other research by the MRC:
"The usual explanations for under-reporting are concern about
recrimination, fear of identifying oneself as an abused woman due to a
socialisation that encourages women to accept chastisement as a male
prerogative, feelings of shame about the assault and having provoked
it, perceptions that it is a private matter and loyalty to the abuser."
o The Survey also records that one in five currently married women
reported economic maltreatment, indicated by the regular non-provision
of money for food, rent or bills whilst having money for other things.
* PUBLIC AWARENESS AND EDUCATION
o It emerged strongly from the hearings that rape, sexual assault and
domestic violence are more prevalent in South African society than ever
recognised98, and that fear and expectation of violence is a way of
life for many South African women.
"It's always present. You never know when it is coming. There are
times when you do and you have to just wait until he gets home and just
does it. Then it is over and you are relieved. The waiting is the
worst part."99
"We know the cycle well. No one has to explain it to us. You see his
mood rising ... he is anxious or angry or drunk or just showing his
manliness to his friends ...it can be anything. You are never prepared
for it and you are always prepared for it. You never believe it when it
happens even if it happens everyday. He says he is sorry and will not
do it again and you feel relief, but you know the calm before another
storm."100
o The hearings also shattered the common myth that the rapist is a
stranger who lurks in dark alleys. Research reports presented to the
committee clearly showed that most violence against women is
perpetrated by a person with whom the victim or survivor is acquainted
in some or other way. Especially younger victims are much more likely
to know their attackers, with 57,4% of offenders known to victims
between ages 1 to 12, and 53,8% if victims between ages 13 to 19.101
o Submissions repeatedly mentioned our history of oppression and
disregard for human rights as the context in which violence against
women flourished, and emphasised the importance of addressing violence
against women by placing it both within a historical and political
perspective and to recognise the influence of apartheid in the present
mindset of individuals, communities and society as a whole. There is a
need to acknowledge the pain of the past and the influence this has on
the entire nation. The fragmentation existing within communities is
indicative of the fragmentation of identity of individuals; violence
against women is just one of the effects of such fragmentation.
"We believe that one of the reasons why we are not seeing a change in
attitude of the judiciary or why rape and domestic violence is almost
condoned at community level, is because we have not created adequate
space in the transformation process for the acknowledgment of our past
traumas and a lack of adequate and appropriate mechanisms for healing
the pain which every single citizen in this country has been subjected
to."102
It was also argued that the division of the people of this country
according to race contributed to the prevalence of violence against
women: notions of racial superiority and separation led to forced
removals, states of emergency and the artificial creation of
"homelands", thereby breaking up traditional family structures.103
o In her submission104 to the Committee, Lisa Vetten explored the
following factors contributing to violence against women in South
Africa:-
* Imbedded patriarchy:
* Vetten describes this ideology of granting men power and privilege
over women as the one factor unifying South Africa's various cultural
and ethnic groups. Culturally imbedded patriarchal gender identities
of women as receptive, caring, emotional, passive and submissive and
men as self-assertive, competitive, rational and aggressive have
resulted in the treatment of women of all colours as second class
citizens, and women's confinement to the private sphere of the home
while men are engaged in the public sphere of work, community affairs
and politics.
* These patriarchally determined gender identities manifests itself in
contemporary understandings of lobola. Since cash payments can now be
made to the family, some men regard marriage as a financial transaction
of "buying" a wife.
* Patriarchy has severe economic consequences for women, who are much
more likely to be unemployed and without access to any income of their
own, while men control the allocation of household finances and even
hamper women's efforts to obtain and keep employment, leaving women
totally financially dependent. Women's financial dependence on men was
repeatedly cited in submissions as the main reason for women's
inability to remove herself and her children from a violent domestic
situation.
* Submissions also mentioned deepening levels of poverty and inequality
in post-apartheid South Africa, which most closely affects women as the
major component of the unemployed in South Africa. Masimanyane said in
their submission to the Committee that economic deprivation and other
political factors have destroyed people's identities and eroded their
self-esteem and self-worth.105 Poverty also directly affects women's
access to health care, the police and the criminal justice system.
* CERSA also reported deep-rooted patriarchy and a concomitant lack of
respect for women, who are often seen as the property of their husbands
or fathers or communities, as a factor in the scourge of violence
against women. Authors have also argued that violent practices are
deployed by men against women in attempts to maintain particular self-
images and social evaluation in the face of real or imagined threats,
i.e. to prove that they are "real men" and their women are under their
control. In particular situations, the use of certain forms of
violence by men to control and punish women is perceived as socially
acceptable to both men and women of all ages.106
* Gendered constructions of male and female sexuality have created the
idea that men should be sexually active and women passive and without
sexual desire, which cultural prohibition implies to some men that
women need to be forced to have sex in a context where it is not
acceptable for women to indicate her consent. It is this cultural
belief, which leads to the dangerous practice of dry sex, where women
go to great lengths to avoid the natural vaginal lubrication of sexual
arousal (believed to be a sign of promiscuity), a practice that pose
serious risks for women's health by increasing her susceptibility to
STD's and HIV/AIDS.
* Research has shown a vast discrepancy in attitudes to the fidelity
required from men and women: where it is acceptable for a man to have
many sexual partners, a woman is required to be faithful to one
partner. This practice obviously as dire consequences for women's
health.
*
The intersection of race and gender oppression:
* Examples of the double burden of oppression borne by black women are
slavery and indentured servitude. Women slaves and their bodies were
considered the property of their owners, and in 180 years of slavery in
the Cape not one man was convicted of raping a woman slave.
* The discriminatory construction of sexuality for men and women has
been compounded on a racial level in South Africa, where black women's
bodies have been violated throughout its history. Where perpetrator of
violence against a black woman was a white man, his acts were often
ignored, while black men who assaulted or raped white women were often
given the death penalty.107
* Militarisation:
* The apartheid era militarisation of South Africa and the use of
violent repression together with anti-apartheid movement decisions
about education and armed reaction have resulted in entire generations
of "lost" and violent young men and a general culture of violence -
where violence is seen as a legitimate means of conflict resolution.
* In addition, a culture was cultivated in which qualities regarded as
"feminine" is treated with contempt as "weakness" and a tough,
aggressive, brutal and competitive masculinity is promoted. This
culture, combined with the general psychological consequences of
violence and war, has had a destructive effect on the lives of many
South African men.
* Professor Jacklyn Cock108 similarly blamed the legacy of
militarisation, which involves "a proliferation of weaponry and ideas
which link violence to masculinity. This militarised masculinity puts
women and children at risk. This risk is amplified in situations of
poverty, unemployment and inequality were the human needs for identity
and security are not met. These two factors combine to make women and
children the shock absorbers of violence and frustration."109
* Changes in the social order
* Research has shown that an increase in violence against women, and
especially sexual violence, often occurs in response to changes in the
social order. Very obvious examples hereof can be found in the Ma
Rashea gans formed by Basotho men after the Second World War to
"control" and punish women who were becoming increasingly independent,
as a result of, inter alia, migration by men to South Africa in search
of work, and in "jackrolling", a practice prevalent in the late 1980s
whereby young men too old to return to school and unable to find jobs
abducted and raped schoolgirls in the hope of impregnating them and
ending their education.
* Violence against women is often also intended to communicate messages
of victory over other men, which manifests itself in the phenomenon of
raping women in the presence of men perceived to be the rapists'
enemies.
* Rape is also used as a means of punishing sexually active women, and
girls suspected of or known to have other partners are sometimes gang-
raped by their male partner's acquaintances as a form of punishment.110
* Legitimising violence against women: Vetten points out the
difficulties created by African traditional and customary law, and
mentions, by way of example, the following customs oppressive to women:
* the levirate: the continuation of the deceased husband's marriage
through a brother or other male relative;
* the sororate: requiring the younger sister of an apparently barren
wife to take her place and produce children on her behalf;
* polygamy: taking more than one wife;
* child betrothal and forced marriages;
* inheritance laws, by which the family's property and wealth is passed
down from father to son, which may leave women destitute on the death
of their husbands;
* women's minor status;
* lobola (or bohali or bogadi): the practice of consolidating marriage
through the exchange of women and cattle (or cash) by the father of the
bride and the prospective husband.
o Nisaa made the submission that government inaction is a factor, which
contributes to the high level of gender violence in societies. Despite
the legal system's role as an institution for censure of socially
unacceptable acts, it often appears to tolerate acts of violence
against women, particularly so when the violence occurs in the home.
The failure of the legal system to prosecute alleged rapists and
batterers and to secure convictions with hefty sentences sends a
powerful message to men that their violence is acceptable, and women
internalise the message that their lives and safety are not worthy of
protection. The law also does not name violence against women, and it
has been left to the women's movement to coin terms such as "domestic
violence", "sexual harassment", "date rape", "femicide", "forced
prostitution", "sex-selective abortions" and "genital mutilation".
Many abuses women suffer have remained invisible in mainstream legal
culture.
o Submissions also complained that, despite its wide-ranging powers to
educate the public, the media was irresponsible in its reporting of
violence against women, perpetuating stereotypes and relying on
sensationalism. The Commission on Gender Equality (CGE) made the
following submissions in this regard to the Committee:
* Reporting on rape is characterised by sensationalism in reporting on
extreme and sadistic violence; stereotypes about the myth of rape by a
deranged stranger (while in reality the rapist is much more likely to
be the man next door)111, and the "blameworthiness" of sexually
experienced victims; media reports differ substantially when the
accused exhibits other criminal behaviour (like being a gang member)
than when the accused is businessman or a sport celebrity (such as in
the case of Makhaya Ntini); CGE is concerned that the recent voluntary
disclosure of the identities of rape victims may lead to the violation
of the survivor's right to privacy where she does not choose to do so.
* The reporting of femicide is often done in a manner, which obscures
the nature of the crime, such as "Woman dies after row" or "Policeman
among 3 killed as lovers' tiff ends in tragedy."
* Domestic violence has received very little attention from the media,
and tends only to do so in the cases of celebrities. The nuclear family
is often depicted as the norm in South Africa's media, despite the
reality that more South Africans belong to extended family units,
blended households or female-only households.
* The attitudes of radio presenters can serve to reinforce prejudices,
especially in a country where illiteracy levels are so high and more
people have access to radio than to television.
* The importance of regulatory bodies such as the IBA, ASA and Press
Ombudsman was emphasised, as well as the need for clear guidelines and
disciplinary procedures.
o The destructive potential of inaccurate media reporting was
illustrated in the reporting of the Committee's attempts to engage
members of the judiciary in constructive discussions about issues
relating to violence against women. Such attempts were irresponsibly
and inaccurately portrayed as a "summons" by the Committee to Judge
John Foxcroft, thereby creating imaginary conflict between the
Committee and the judiciary.112
o The Commission for Gender Equality also mentioned that the media has
played an important role in putting issues such as rape on the national
agenda.
o Both government submissions and those of NGO's reported an enormous
lack of understanding of violence against women by the public. Both
men and women are ignorant of women's rights to be free of violence,
especially domestic violence. For example, many men and women still do
not recognise marital rape as a crime.
o It was also apparent from the submissions that both men and women are
uninformed about sex and sexual health, and women are therefore unable
to act to protect themselves, and to provide information and support to
other young women.113
o Various submissions stressed the importance of involving men in
programmes on eradicating violence against women. It was suggested
that all people involved in men's programmes should attend a national
forum to discuss violence against women. Men must develop a
partnership with women's groups in addressing the problems which men
and women face; it is necessary to acknowledge that men too suffer
from the traumas of the past.114
o Although they did not participate in the hearings, the Committee
Chair has addressed shopstewards in the COSATU campaign against
violence against women in conjunction with their campaign against
HIV/AIDS. COSATU has produced a guide for shopstewards on these
issues, and is also in the process of holding training workshops for
its shop stewards. The campaign encourages the shopstewards to do the
following:
* Educate their members about violence against women;
* Take up sexual harassment cases on behalf of their members;
* Ensure that there are sexual harassment grievance procedures in the
terms and conditions of employment at their workplace;
* Develop a code of conduct on sexual harassment together with the
employer;
* Talk to known abusers among their members about their abuse;
* Assist any woman member who is being abused and ensure that she is
given time off to go to court or to move her children and belongings to
a safe place;
* Help abused women to negotiate a transfer to a different town to
escape the violence;
* Ensure that women are able to reach their transport safely after
work;
* Invite women leaders to speak at the workplace so that workers will
understand and stop violence against women;
* Ensure that the Employment Equity Act is implemented;
* Negotiate with their employer to provide childcare.
o The South African education system, which ought to be the main
channel of promoting awareness of gendered violence among the youth,
has been and remains in a state of transition. Not only is the
Department of Education burdened with the task of reconstructing an
education system ravaged by apartheid, but also our schools are staffed
by teachers who are products of an apartheid education system
themselves.
o CEDAW requires government to "adopt all appropriate measures,
especially in the field of education, to modify the social and cultural
patterns of conduct of men and women and to eliminate prejudices,
customary practices and all other practices based on the idea of the
inferiority or superiority of either of the sexes and on stereotyped
roles for men and women."115
o In its Gender Equity Task Team report (the GETT report), the
Department of Education identified the following issues to be
considered and addressed relating to gender-sensitive education and
violence against women:-
* identifying means of correcting gender imbalances in enrolment,
dropout rates, subject choice, career paths and performance;
* the advantages and disadvantages single sex schools;
* sexism in curricula, textbooks, teaching and guidance;
* the poor representation of women in management positions; and
* sexism, sexual harassment and violence throughout the education
system.
o The GETT report also lists the following recommendations116:-
* That new legislation should be developed to make explicit the legal
responsibilities of education authorities to uphold the rights of
students to be free from discrimination and harassment. Such
legislation should also define gendered and sex based harassment and
should be made unlawful in all contexts in educational settings.
* That the National Department of Education should develop an interim
policy on sex and gender based harassment and violence.
* That the National Department of Education should develop a training
package for educational managers on their responsibility to prevent
discrimination, violence and harassment, as well as curriculum packages
which incorporate learning about gender and violence at all levels of
education.
o The Department of Education participated in the hearings and the
Minister of Education delivered an oral submission to the Committee
regarding the Minister and the Department's efforts to address violence
against women.
o The Department of Education's 1997 report on Gender Equity in
Education dealt with sex based violence in schools, and states inter
alia that "the sheer dimension of sex or gender based violence and
harassment in education in SA subverts the right of women and girls,
and many boys, to participate in education on the same basis as most
men and boys."
o The Director-General of Education reported to the Committee that, in
their attempts to include sex and gender education in the curriculum,
they had initially experienced some resistance from sections of the
communities who did not want to expose small children to issues of
sexuality. This problem had abated somewhat, and it was hoped that the
issue could be more appropriately addressed under the auspices of
Curriculum 2005.
o The Minister of Education reported to the Committee that a Gender
Equity Directorate had been established in April 1999, which liases
with Gender Focal Persons in Provincial Departments through the
National Gender Coordination Committee. An Interim Gender Coordinating
Committee from the four branches of the Department had also been
established.
o The Department of Education was also preparing gender-training
programmes for all officials, both national and provincial, as well as
a Mainstreaming Handbook for use by gender officers.
o A school-based project on sex-based & gender-based violence &
harassment (McGill University in Canada) was being developed, and a
successful and well-attended seminar on sexual harassment in schools
was held in May 1999.
o The Committee would like to receive a formal response from the
Department of Education on the following issues117:-
* the Department's efforts to ensure that gender issues are not
isolated to the Gender Equity Unit;
* what programmes the Department is planning to raise awareness in both
educational institutions and the general public to raise awareness of
sexism and violence against women, and in particular the pre-service
and in-service training of teachers regarding these issues;
* the provision of extended day care facilities for younger children
and the infants born to school girls;
* the Department's investigation into the desirability of single sex
government schools and the possibility of teaching certain subjects
separately to boys and girls;
* the development of gender sensitive textbooks and curricula,118 as
well as the development of comprehensive age-sensitive sex and sexual
health education;
* the Department's efforts to improve the education and Matric pass
rates and to decrease the dropout rate of girls, especially rural
African and coloured girls.
* THE BUDGET AND ALLOCATION OF RESOURCES
o CEDAW stipulates that government should include in its budgets
adequate resources for its activities relating to the elimination of
violence against women.119
o At a cabinet meeting in 1996, the Department of Finance committed
itself to considering the reallocation of military expenditure to
support women's economic advancement. In 1992/1993, the Department
reduced expenditure on Defence from 9,1 % of total government spending
to 5,7% in 1997/1998. Spending on social services increased from 43,8%
in 1992/1993 to 46,9% in 1997/1998.120
o In its Second Annual Report (January 1998 - March 1999), the
Committee recorded its formal questions to the Minister of Finance on,
inter alia, progress on the Ministry's 1996 Cabinet commitment to
reduce military expenditure and to utilise the savings towards women's
empowerment. The report further records that, in a briefing on 16
March 1998, the Minister indicated that military spending had decreased
from 4,5% of GDP in 1993-1994 to 1,5% in 1999-2000, and that the main
beneficiaries of this decrease had been the Departments of Health,
Education and Welfare.121
o Yet in the 1999 Medium Term Budget Policy Statement, the average
annual growth in present and projected proportional expenditure for
Defence and Intelligence was 14,9%, more than double the figure for any
of the other services, including Education, Health and Welfare.
"Strong growth in protection services over the medium term largely
reflects additional defence spending of R2,8 billion in 2000/01 and
R3,8 billion in 2001/02 on the strategic procurement package."
o The Department of Finance was invited by the Committee to present a
submission at the hearings. Although Deputy Minister attended the
hearings, he advised the Committee that the Department had not been
able to prepare a submission to the Committee. To date, the Committee
also has not received a response to questions posed to Deputy Minister
at the hearings.
o The Committee requires an urgent response from the Department of
Finance on, amongst others:-
* the Department's efforts to redress the unemployment of women
formerly employed in the clothing and textile industries caused by the
liberalisation of trade policy as a means of increasing international
competitiveness in the manufacturing sector
o Various projects in the NCPS Victim Empowerment Programme (VEP) were
intended to focus on issues relating to violence against women and
children. As will appear below, very few of these projects have
sustainable funding, and many of the projects were only intended to
operate for one year:-
* "Multi-disciplinary Management of Child Abuse and Neglect": Donor
funding of R2 million paid for the 1998/1999 year of operation; for the
1999-2001 years, "alternate sources of funding" would be sought during
1998.122
* "Primary Health Care Model to Reduce the Risk of Inter-personal
Violence": This was only intended to be a one-year project, to be
implemented during 1998/1999, with funding of R400 000 sourced from the
VEP.123
* "Violence Referral Centres" - a pilot programme to establish
"Violence Referral Management centres in four provinces, receiving
referrals from frontline staff": This project was similarly only
intended to be a one-year project, to be implemented during 1998/1999
at a cost of R510 000, funded by the VEP.124
* "Outreach Centres to Counter-act Domestic Violence" - a programme
designed to give support for the establishment of outreach centres in
provinces to expand services to victims of domestic violence: Donor
funding of R1,2 million paid for the implementation of this project in
Mpumalanga and the Eastern Cape, whilst the VEP paid R1,2 million for
its implementation in North-West Province and the Free State. The VEP
would pay R3 million for its implementation in the remaining five
provinces in 2000/2001. "Alternate funding" would be sought during
1998 for the continued operation of these programmes.125
* R65 000 was budgeted from the VEP for "Access to Legal Provisions to
Counter-act Domestic Violence in Rural Communities", a project only
intended to be operational during 1998/1999.126
* "Violence Prevention in Schools", a project implemented by the
Department of Health (in conjunction with the US Centre for Disease
Control) for the 1998/1999 year at a cost of R65 000, funded by the
VEP.127
* "National Policy Guidelines on Victims of Sexual Offences" - a
project encompassing nine provincial workshops to train service
providers on the basis of the national policy guidelines on sexual
offences: this project was funded by the VEP at a cost of R150 000
during 1998/1999.128
* "Victim Empowerment in Schools - Life Skills Curriculum": this
project was funded by the VEP at a cost of R150 000, and intended to be
a one-year project during 1998/1999.129
* The VEP paid for a training course for the SAPS entitled "Victims of
Violence: Domestic Violence and Sexual Offences Case Handling
Training" at a cost of R100 000 for 1998/1999; funding for 1999/2000
and 2000/2001 "to be secured in order to extend to these two years".130
* An information and public awareness project hosted by the Department
of Welfare, funded until 2001 by the VEP.131
o In its Second Annual Report (January 1998 - March 1999), the
Committee reported that no specific budgetary allocations had been made
for violence against women, unlike other crimes declared priority
crimes in terms of the NCPS, such as hijacking. Similarly, departments
such as Safety and Security did not have specific, separate budgetary
allocations for violence against women.
o The exclusion of victims of domestic violence from the Fund for
Victims of Violent Crime Bill132.
o The Commission for Gender Equality also raised the issue of involving
the private sector in programmes addressing violence against women. An
example of such involvement, which is accessible and effective, the
private sector could assist in establishing shelters and safe houses
for victims of violence.
o Various submissions133 to the Committee mentioned that the cost of
violence against women in South Africa, and especially domestic
violence, has never been calculated due to ineffective documentation of
these incidents by the health and criminal justice sectors. Yet even
with loose indicators of the frequency and extent of violence against
women, it is apparent that it has a staggering economic impact on our
health, welfare, policing and justice resources. A 1994 study
undertaken by the Health Maintenance Organisation found that women who
have been raped or beaten had medical costs two and a half times higher
than those who were not victimised.
o By way of example, CERSA reported that the number of treatment
episodes in one year as a result of abuse by partner or ex-partner was
121 000 in the Eastern Cape, 74 294 in Mpumalanga and 93 868 in the
Northern Province.134
o These costs are both public and private, paid for by women and their
families (medical care, accommodation, travel, direct income, child
care, serious injury, loss of property and non-monetary costs). Health
costs carried by the state include doctors, nurses, emergency wards,
clinics, mental health services, justice costs include police, courts
and correctional services; in the social services sector, welfare,
housing and child care. Employers also pay for violence against women
in the form of high absenteeism and lower productivity.
o Calculating the real economic costs may be hampered by the fact that
violence against women is under-reported, prenatal damage caused by the
abuse of pregnant women if difficult to quantify, long-term
consequences such as intergenerational transfers of violence behaviour
cannot be accurately estimated and private costs to women cannot be
captured.135
* INTER-MINISTERIAL CO-OPERATION AND CO-OPERATIVE GOVERNANCE
o The National Crime Prevention Strategy (NCPS), adopted by the Cabinet
in May 1996, is the government's flagship inter-departmental programme
in its efforts to combat crime. One of the NCPS programme which
affects issues of violence against women is the Victim Empowerment
Programme, hosted by the core NCPS departments, namely Justice,
Welfare, the SAPS, Safety & Security and Correctional Services, but
also involves the departments of Health and Education, and provincial
departments.136
o R1,5 million of the OSW's funding of R2,5 million for 1998/1999 was
donor funding, which terminated in August 1999. The budget for
1999/2000 only covers salaries and administration.137
o During 1999, the OSW advised the Committee that it was developing a
green paper on a national gender policy to be passed by Cabinet in
1998. This policy document was not finalised by the OSW during 1998.
On 15 March 1999, Deputy Minister Essop Pahad and the director of the
OSW, Dr Ellen Kornegay, advised the Committee that a draft national
gender document had been completed and was undergoing internal review,
to be realised as a green paper.
o On 15 March 1999, the OSW also advised the Committee that it was
conducting a gender audit on internal transformation and external
service delivery of all government departments and all the provinces,
with a view to developing a national action plan.
o The Committee requires a response from the Department of Health
regarding the procedures in place to ensure that under-resourced
provinces and local governments receive more money for the
implementation of both primary health care, as well as free health care
for pregnant women and children under the age of six, than stronger
resourced provinces and local governments.138
o Although the Department of Foreign Affairs were not requested by the
Committee to participate in the November 1999 hearings, the Committee
would like to know whether and when a gender desk will be established
in the Department. The Committee also requires information regarding
the Department's efforts to set up international links relating to
international trafficking in women and prostitution.
o In view of various submissions relating to women's difficulties in
escaping situations of especially domestic violence due to no access to
alternative housing, the Committee also requires a response from the
Departments of Housing and Agriculture and Land Affairs (both of whom
were also not requested to participate in the hearings) on their
efforts to ensure that women are not discriminated against in the
granting of housing subsidies, access to rural housing and rural land
allocation. The Committee is particularly interested in the progress
and achievements of the Women for Housing Group in the Department of
Housing with reference to their April 1998 draft document entitled
"Guiding Principles and Practices Relating to Women's Housing
Issues".139
* CO-OPERATION BETWEEN GOVERNMENT AND CIVIL SOCIETY
o CEDAW requires government to recognise the importance of NGO's, to
facilitate and enhance their work and to co-operate with them on all
levels.140
o Numerous submissions mentioned the importance of an inter-sectoral
approach, involving both government and civil society, in addressing
violence against women.
o It appears that the National Network on Violence Against Women has
been most successful in bringing together government and civil society
on issues relating to violence against women. The Department of
Welfare has formed a partnership with the National Network on Violence
Against Women since inception of the Network, and the Network has
received financial and administrative support from the Department.141
The Department of Health also participates in the National Network on
Violence Against Women.142
o The Committee was also told of the involvement of organisations like
People Opposed to Women Abuse in programmes of the Department of
Correctional Services.
o At the same time, many of the NGO's mentioned their prime difficulty
of lack of funding, and that most of their time was spent on fund-
raising instead of addressing their substantive goals.
* THE NEED FOR A STATISTICAL DATABASE
o CEDAW stipulates that the state should "promote research, collect
data and compile statistics, especially concerning domestic violence,
relating to the prevalence of different forms of violence against women
and encourage research on the causes, nature, seriousness and
consequences of violence against women and on the effectiveness of
measures implemented to prevent and redress violence against women;
those statistics and findings of the research will be made public"143
o In South Africa, there has been a notable lack of community-based
data and reliable statistics on violence against women and children,
its prevalence and epidemiological studies of risk factors. Most of
the research undertaken on violence against women in South Africa has
been relatively small scale, localised or has focused on particular sub-
groups, e.g. health service users.144
o By way of example, Masimanyane reported that their research on the
prosecution of sexual offences cases were made extremely difficult
through the absence of any recordal system whatsoever by court
officials, and police dockets and court files which were incomplete.
Nisaa also reported that there is no official methodology which records
how many women phone police stations when they are in a crisis or when
their lives are endangered. When women report abuse, domestic violence
is recorded as common assault or assault with the intent to do grievous
bodily harm. This difficulty creates a further obstacle in cases of
femicide, where a long history of abuse is commonly found.
o Nisaa further reported that the disaggregation of data and the
devising of protocols around domestic violence may yield better data
collection, and that the Department of Safety and Security is best
positioned to do this.
o In its 1998 White Paper, the Department of Safety and Security stated
that it aims to improve the reliability of crime statistics in
general145. The Committee will request the Department to furnish it
with a progress report in this regard.
* RECOMMENDATIONS AND QUERIES TO GOVERNMENT DEPARTMENTS
o Criminal justice
The Committee recommends:
* that the availability of and access to legal aid to women who are
victims of violence be given urgent consideration by the Legal Aid
Board and the Department of Justice;146
* that urgent attention be given to the appointment of more
prosecutors, intermediaries, interpreters and magistrates147, and that
the Department of Justice allocate resources for this purpose;
* that the training of magistrates and prosecutors in gender-
sensitivity, issues relating to gender violence and dealing with
traumatised witnesses, especially children, be given priority;148
* that clerks of the court, who will be the point of entry for
complainants in terms of the new Domestic Violence Act, be given
mandatory training in gender sensitivity and the effects and nature of
domestic violence;149
* that consideration be given to a more accessible court system for
women in rural areas;150
* that the establishment of more Sexual Offence and Family Courts
receive priority;
* that rape and sexual offence cases and cases of crimes against
children be dealt with on a separate and continuous roll by both the
High Court and Magistrate's Courts;151
* that attention be given by the Judicial Service Commission to
sensitivity to gender issues in the appointment of High Court
judges152, and that judges receive training in the international law
requirements of CEDAW and other international human rights
instruments153, the nature and effect of violence against women,
dealing with traumatised victims and gender sensitivity in general154;
and
* that gun control laws be enforced more strictly.155
o Law enforcement
The Committee recommends:
* that the Department of Safety and Security allocate resources to
engage the services of experienced trainers from reputable NGO's to
train members of the police in:
* the devastating effect of violence against women, including domestic
violence, which is often treated by police officers as "unimportant";
* sensitive treatment of traumatised survivors of rape, sexual assault
and violence against women in general;156
* the various legal remedies available to survivors of violence. It
appeared from various submissions that complainants often relied on the
police for advice on her choice of remedy. In some cases, it was
reported that police try to dissuade women from laying charges against
perpetrators by stressing negative consequences for women if they
insist on the arrest of the offender.157
* accurate and adequate forensic investigations for the purpose of
criminal prosecution.158
* that more female police officers be made available to assist
survivors of violence159;
* that the Department of Safety and Security allocate resources to
establish a proper surveillance and data collection system which would
make it possible, inter alia, to identify specific locations where
attacks on women regularly occur and to identify reasons for the non-
prosecution of violence against women;160
* that more police stations be established and equipped, including
satellite police stations, especially in the rural and poorer areas;161
* that urgent attention be given to more visible street policing162 and
street lighting.163
o Welfare services and shelters
The Committee recommends:
* that the Department of Welfare embarks on extensive training of its
officials to equip them to deal with survivors of violence against
women164;
* that both government and civil society give urgent attention to the
establishment of shelters for abused women. This is also a project in
which the private sector can make a specific and greatly needed
contribution towards assisting women to remove themselves and their
children from situations of violence.165
o Health care
The Committee recommends:
* the incorporation of treatment of the survivors of sexual violence
and other violence against women in the curriculum for the training of
doctors, nurses and other health workers. Such treatment must also
incorporate an understanding of the trauma experienced by the
survivor;166
* that urgent attention be given to the availability of treatment of
rape survivors of STD's and other health risks, and that the Department
of Health prioritises establishing the effectiveness of anti-retroviral
drugs like AZT for rape survivors;
* that urgent attention be given to women's access to health care,
especially rural women;
* that priority be given to the expansion of the existing project for
the training of forensic nurses; and
* that the removal of question 11(e) from Form J88 be considered.
o Incarceration of offenders
The Committee recommends that:-
* the Department investigates the implementation of weekend
incarceration, especially of perpetrators of domestic violence;167
* a fund be created to which victims or relatives can apply to fund
expenses related to attending parole hearings;168
* a fund be created to assist prisoners who become victims of
violence.169
o Public awareness and education
The Committee recommends:
* an extensive public awareness campaign in all languages through the
use of electronic and print media about the right of women to be free
of violence. Such campaign must address both women and men, and must
also target rural areas in an accessible way. It is also imperative
that community organisations, especially religious organisations, are
involved in the campaign on an on-going basis and that influential
people in the community (including politicians, religious leaders,
business leaders and youth organisations) on national, provincial and
local level, make public statements in support of the campaign170;
* that the Department of Justice drives a public education campaign
focussing on legal remedies available to women who are victims of
violence, and in particular the provisions of the Domestic Violence
Act;171
* proper education on sex, sexual health, the crime of violence against
women and alternative conflict resolution mechanisms (other than
violence) -
* as part of the school curriculum, taught at an age-appropriate level
from an early age. Such programmes must also focus on the development
of self-reliance and self-esteem for both girls and boys.172 Attention
also need to be given to teacher-training to ensure that teachers feel
qualified to deliver such education173;
* for parents by way of national workshops and seminars on parenting
skills174; and
* for men through employee's organisations and unions.175 Changing
men's perceptions should receive high priority as a mainstream issue,
and provision should be made for both primary prevention as well as
secondary prevention, such as counselling programmes for abusers;176
and
* in communities by representatives of the police, welfare and legal
services177, utilising the network of as many community organisations
as possible, including women's organisations, specifically to reach
women who have already left school and unemployed men.
* Such education should address, inter alia, the following
questions178:
* What is love? In what ways can it be demonstrated?
* What do young people do sexually? Why do people have sex?
* Do men and women have equal sexual rights?
* What kinds of relationship can young people have?
* What alternative sexual practices are there?
* How can men and women communicate about sexual matters?
* Who can say no to sex, and how? Who can ask for it?
* Who has or is allowed to have multiple sexual partners? And why?
* What is sexual abuse and violence?
* When and why does violence occur within relationships?
* Is violence acceptable within relationships?
* How can potentially violent situations be dealt with?
o It appeared from numerous submissions that the lack of employment and
realisable aspirations among especially young men contributed towards
abuse of women through displacement of frustrations onto vulnerable
partners, as well as through increased drug and alcohol use. The
Committee therefore recommends that government prioritises job creation
in areas where abuse is most prevalent.179
*
LIST OF WRITTEN SUBMISSIONS
A.
Rape Crisis Cape Town, e-mail to the Committee dated 19 October 1999
B.
Women's Media Watch, e-mail to the Committee dated 19 October 1999
C.
Family & Marriage Society of South Africa (FAMSA) (Durban), telefax to
the Committee dated 20 October 1999
D.
WACA Advice Centre, Ga-Rankuwa, telefax to the Committee dated 15
October 1999
E.
Commission on Gender Equality, telefax to the Committee dated 19
October 1999
F.
Commission on Gender Equality: Submission to the Committee dated 8
November 1999
G.
Commission on Gender Equality: "Violence Against Women and the Media"
Delivered at the hearings on 8 November 1999
H.
Gender Monitoring and Advocacy Collective (CGE, COSATU, Child Health
Unit, HRC, Khululekani Institute for Democracy, Nicro Women's Support
Centre): telefax to the Committee dated 22 October 1999
I.
FAMSA (National Office): Telefax to the Committee dated 21 October
1999
J.
Gender Advocacy Programme (GAP): "Barriers to Implementation of the
Domestic Violence Act 116 of 1998"
K.
Centre for Rural Legal Studies (Karen Kleinbooi): "Domestic violence:
The plight of women farm workers"
L.
Constitutional Court Judge Kate O'Regan: "Address to the [Committee]
concerning a Judicial colloquium on the application of international
human rights law at the domestic level held in Vienna from 27 - 29
October 1999" Delivered at the hearings on 15 November 1999
M.
Naeemah Abrahams, Medical Research Council's Centre for Epidemiological
Research in South Africa (CERSA): Summary of submission Q below
Delivered at the hearings on 15 November 1999
N.
Rachel Jewkes et al, CERSA (Women's Health): "Relationship dynamics
and adolescent pregnancy in South Africa"
O.
Gender, Law & Development Project, Institute of Criminology, University
of Cape Town (Lillian Artz): "Violence Against Women in the Southern
Cape: Exploring Access to Justice Within a Feminist Jurisprudence
Framework" (1999)
P.
Katherine Wood and Rachel Jewkes, CERSA: "Love is a dangerous thing:
Micro-dynamics of violence in sexual relationships of young people in
Umtata"
Q.
Rachel Jewkes et al, CERSA: "He must give me money, he mustn't beat
me: Violence against women in three South African provinces"
R.
Katherine Wood et al, CERSA: "Sex, violence and constructions of love
among Xhosa adolescents: putting violence on the sexuality education
agenda"
S.
Naeemah Abrahams et al, CERSA: "I do not believe in democracy in the
home: Men's relationship with and abuse of women"
T.
MRC and Department of Health: Preliminary Report on South Africa
Demographic and Health Survey 1998
U.
Lu-Anne Swart et al, UNISA Institute for Social and Health Sciences:
"Rape surveillance through district surgeon offices in Johannesburg,
1996 - 1998: Evaluation and Prevention Implications"
V.
Ministry for Welfare, Population and Development
W.
UCT (Rob Turrell): "A historical overview of death sentences for rape"
X.
Ministry of Education
Y.
Ministry of Justice and Constitutional Development
Z.
Mr. T D Rudman, DDG: Legislation, Department of Justice "The process
of implementing legislation"
AA.
Newspaper article by F Moya
BB.
Submission by Masimanyane Women's Support Centre, East London,
delivered at the hearings on 10 November 1999
CC.
Department of Correctional Services: "Trends, Safety and Security"
DD.
Department of Correctional Services
EE.
Department of Correctional Services: Table of Contents
FF.
Marion Stevens et al: Women's Health Project: "Sexual and
reproductive rights, health policies and programming in South Africa
1994 - 1998
GG.
C van Riet, Justice College: "Beijing Platform of Action Report:
Justice College Training"
HH.
C van Riet, Justice College: Progress Report
II.
Zubeida Dangor, NISAA Institute for Women's Development
JJ.
Lisa Vetten: "Gender, Race and Power Dynamics in the Face of Social
Change: An Attempt to Understand Violence Against Women in South
Africa"
KK.
Department of Correctional Services: Statistics
LL.
Professor Jacklyn Cock, Department of Sociology, University of the
Witwatersrand
MM.
Information Note on Family Violence, Child Protection & Sexual Offences
Units Prepared by the SAPS
NN.
South African Police Services: "Family Violence, Child Protection and
Sexual Offences Unit"
OO.
UWC's Community Law Centre's Gender Project:
PP.
P C Willis, Rondebosch: Written submission on DNA identification
technology
* ORAL SUBMISSIONS
(i)
Asiganang Domestic Abuse Prevention and Training (ADAPT)
(ii)
Western Cape Regional Magistrate's Commission
(iii)
Tswanarang Legal Advocacy Centre
(iv)
National Network Violence Against Women
(v)
Ilitha Labantu
* OTHER DOCUMENTS
16.1
Convention on the Elimination of Discrimination Against Women (CEDAW)
16.2
Beijing Platform for Action
16.3
Committee's Report on Government's Implementation of CEDAW and the
Beijing Platform for Action - November 1998
16.4
Committee's Second Annual Report - January 1998 - March 1999
16.5
South African Law Commission: Discussion Paper 85 and Executive
Summary and Draft Bill Of Discussion Paper 85 On "Sexual Offences: The
Substantive Law" - 12 August 1999
16.6
Department of Welfare: National Crime Prevention Strategy Victim
Empowerment Programme - May 1998
16.7
White Paper on Safety and Security "In Service of Safety" 1999 - 2004 -
September 1998
16.8
White Paper on National Transport Policy - August 1996
16.9
White Paper on Social Welfare - August 1997
The Joint Monitoring Committee on the Improvement of Quality of Life
and Status of Women's: Additions to the Report on the Violence Against
Women Hearings - February 2001
The Joint Monitoring Committee on the Quality of Life and Status of
Women held public hearings on Violence Against Women in November 1999.
The report (of February 2000) does not include recommendations by the
Committee on the issues covered below. The Committee recommends the
following inclusions:
13.8 The budget and allocation of resources
The committee recommends that:
13.8.1 Government prioritise resources, both financial and human, to
projects such as those in the NCPS Victim Empowerment Programme
especially where it relates to violence against women and children.
13.8.2 Separate budgetary allocations be made for violence against
women in departments such as Safety and Security.
13.8.3 The Department of Finance ensures that the gender analysis of
the different department's programmes be reintroduced in the National
Budget.
13.9 Inter-ministerial co-operation and co-operative governance
The committee recommends that:
13.9.1 The Department of Foreign Affairs makes a written submission on:-
13.9.1.1 The development of a gender desk in the department.
13.9.1.2 The department's programmes and efforts, which aim to curtail
the international and cross-border trafficking of women and children
from South Africa and into South Africa.
13.9.1.3 What the department's role is together with the Department of
Justice in considering legislation in this regard?
13.9.2 The Departments of Housing, Agriculture and Land Affairs provide
the Committee with a report on the progress and achievements of the
Women For Housing Group in the Department of Housing, efforts in
ensuring that women are not discriminated against in the granting of
housing subsidies, access to rural housing and rural land allocation.
13.10 Co-operation between government and civil society
13.10.1 Government departments to issue progress reports to the
Committee on their involvement with NGO's and in particular, what
funding has been provided to the NGO sector in giving effect to CEDAW.
13.11 The need for a statistical database
13.11.1 The Department of Safety and Security should be asked to ensure
that their information on violence against women be disaggregated in a
more effective manner, which clearly indicates and records data on
domestic violence and femicide.
The Joint Monitoring Committee on the Improvement of the Quality of
Life and Status of Women
Summary Report On Violence Against Women
JULY 2001
Introduction
The Joint Monitoring Committee on the Improvement of the Quality of
Life and Status of Women (hereinafter referred to as the Committee) was
permanently established in June 1998 to monitor and oversee progress
with regard to the improvement of the quality of life and status of
women in South Africa. The Committee's specific brief is to monitor
government's commitments made at the United Nations Fourth World
Conference on Women in Beijing in 1995 and the provisions of the United
Nations Convention on the Elimination of all Forms of Discrimination
against Women (CEDAW).
The South African government signed and ratified CEDAW and government
departments tabled their commitments to the Beijing Platform for Action
(BPFA) in February 1996. Both CEDAW and the BPFA detail a state's
obligation to introduce measures to protect the rights of women and
mechanisms to eliminate gender-based violence.
The Committee's hearings on violence against women were held from 8th
to 17th November 1999. Copies off all written submissions are
available from the Committee clerk. The objectives of the hearings
were the following: -
* To identify what and where the blockages are which impede women who
have been victims of all forms of violence, from access to justice; and
* To determine the varied ways in which such obstacles to justice can
be addressed and eliminated.
This summary report will detail the following:
* An overview of the critical points raised in the submissions at the
hearings, November 1999.
* To track the changes after the November 1999 hearings within various
sectors dealing with aspects of violence against women.
An Overview - Violence against Women Hearings, November 1999
The detailed report discussed violence against women, with special
reference to the submissions made at the hearings, under the headings:
* Criminal Justice
* Law Enforcement
* Welfare Services and Shelter
* Health Care
* Incarceration of Offenders
* Recent Research on Violence against Women
* Public Awareness and Education
* Allocation of Financial Resources and the Budget
* Inter-Ministerial Co-Operative Governance
* Co-Operation between Government and Civil Society
* The Need for a Statistical Database
* Recommendations and Queries to Government Departments
A comprehensive assessment and analysis of the above is beyond the
scope of this summary report. The detailed report is attached to this
summary report so that readers can use it as a cross- reference if more
information is required around certain aspects.
Achievements of South Africa in Working Toward the Elimination of
Violence against Women
Criminal Justice
New and Proposed Legislation and its Implementation
New Legislation
* The Domestic Violence Act (DVA) (Act No. 116 of 1998) which repeales
some sections of the Prevention of Family Violence Act (Act No. 133 of
1993).
* The Criminal Procedure Act, which limits the granting of bail for
persons accused of committing serious offences, which include rape and
which also makes provision for minimum sentences for murder and rape
with aggravating circumstances.
Proposed Legislation
The South African Law Commission's (SALC) Sexual Offences Discussion
Paper incorporates a proposed Sexual Offences Bill which extends the
common law definition of rape to include 'unlawful sexual penetration'
under coercive circumstances. The proposed legislation provides that
marriage do not constitute a defence to rape. Also, consent does not
constitute a defence in:
o Sexual molestation.
o Sexual offences against mentally impaired persons.
o Child prostitution.
The move away from 'without consent' to 'coercive circumstances' is
considered by many as progressive.
SALC has also produced a discussion paper on procedural aspects of the
prosecution of sexual offences, which include the cautionary rule,
evidence of previous sexual reconciliation history of complainant.
Specific Impediments to the Implementation of the Domestic Violence Act
(DVA) and Issues Pertaining to Sexual Offences - Submissions180
The following crucial points were raised at the Hearings of the
Committee, in written and oral form. It must be pointed out that the
hearings were held before the implementation of the DVA (December 1999)
and that these submissions highlight the perceived problems that could
be encountered. These were:
* Women's inability to access their rights due to lack of knowledge
around the DVA.
* Discretion of magistrates in sentencing procedures.
* Legal representation is too costly and so disadvantages many poor
women.
* Education for the judiciary, for example, clerks of the court is
inadequate.
* Inaccessibility to police stations and courts due to transport
problems make it difficult for women to report and follow-up and thus
recourse to the DVA would not fully be utilised.
* Whilst the legal aspects of the DVA are technically correct,
activists argue that support mechanisms to ensure the eradication of
domestic violence is lacking.
* Misconception around domestic violence even amongst victims as it is
still viewed as a "private family matter".
* Language barriers and staff shortages further exacerbate the full
implementation of the DVA.
* Confusion around whether social workers or police officers inform
victims of their rights.
* The 13 forms required to implement the DVA were still not printed.
* Producing proof for exemption to pay for protection orders is
cumbersome.
* Infrastructure to break the cycle of violence is lacking.
* Department of Justice: consulting all role players is time consuming;
lack of policy statements and implementation strategy will delay the
implementation of the DVA, increase in workload may result in bad
service delivery and will have detrimental effects on gender violence.
Infrastructure, support structures and security is still lacking.
* Functioning of Existing Courts and Establishment of Special Courts:
o Negative experiences of courts in general which is a direct
consequence of a lack of adequate facilities and human resources to
handle victims of gender violence, massive backlogs of cases which
causes delays of 9 months between date of complaint and trial.
o Communication breakdown.
o Inadequate transport to hospitals, courts and police stations.
o Reluctance of medical examiners to appear in court.
o Victims waiting in the same hallways as assailants.
o Dockets being lost.
o Victims not notified of assailant's bail hearing.
o Failure of Sheriffs to serve interdicts in informal and rural areas.
o Two permanent magistrates in the Sexual Offences Court raised the
following concerns:
* A reconsideration of the adversarial system in sexual offences cases.
* A re-examination of strict rules of evidence in sexual offences
cases, and cautionary rules.
* Children should testify through an intermediary.
* Section 170A should be amended to include mentally impaired persons
under 18 years.
* 'Undue mental stress' is difficult to determine.
* Section 51(3) of the Criminal Procedure Amendment Act regarding
minimum sentences as well as Section 158 of the CPA which allows
witnesses not to give evidence in the presence of the accused, is
difficult to interpret.
In response to the concerns raised above, the Department of Justice
provided the following input for more efficient service provisions.
* They were finalising a Customer Service Charter for court users.
* A service delivery plan was underway.
* A Victims Rights Charter was developed.
* Various information campaigns for court users, including the 16 Days
of Activism Campaign, which incorporates the issue of Violence against
Women, were initiated.
* Using the information from the Canadian Study Tour to focus on
lessons learnt there, such as an inter-sectoral approach, economic
empowerment of women, survivor counselling and offender rehabilitation,
and shelters and safe houses for victims.
* Specialised Family Courts are already operating as pilot courts in
Cape Town, Port Elizabeth, Durban, Johannesburg and Lebowakgomo and
these handle domestic violence cases.
* The Department plans to establish 20 additional Sexual Offences
Courts within 2 years.
On the 1 December 1999, the Director of Public Prosecutions reported
that a Special High Court concentrating only on rape cases will be
established in Mdantsane.
* Court Clerks, Interpreters, Prosecutors and Magistrates
Functions of Court Clerks - organisers and facilitators of case rolls
at courts are the primary assistants to applicants for protection
orders in terms of the DVA.
The concerns raised with regard to the above were:
o Prosecutors needed to give better technical assistance and support to
women.
o High turnovers of prosecutors that were on leave and/or transferred
to other courts impact negatively on gender violence.
o Prosecutors are ill-prepared because of workloads and lack of
resources.
o No hearings for violations of interdicts.
o Magistrates and prosecutors need training on non-legal aspects of
rape.
In response to the above concerns, various departments commented on how
the process was being addressed. The President of the Regional Court
for the Western Cape reported a system of "court nags" has been
introduced to ensure court cases run on time and to telephone witnesses
and role-players two weeks prior to trail dates. The Department of
Justice reported that they are in the process of establishing pre-trial
services to alert prosecutors and magistrates of previous convictions
and arrests of offenders. The Head of Sexual Offences and Community
Affairs in the Office of the Director of Public Prosecutions reported
that 60 prosecutors were undergoing training which includes:
o Collection of evidence.
o Presentation of DNA evidence.
o Cross-examination skills and sensitivity in dealing with witnesses.
o Framing of age appropriate questions.
o Also proposed that a coalition between NGOs, police and prosecutors
should be formed to provide counsellors and intermediaries for
traumatised witnesses.
The Chief Director of the Justice College reported that magistrates and
prosecutors are undergoing training in sexual offences, child law,
domestic violence, violence against women, basic human rights and
social context training.
The Judiciary
The Committee expressed concern about inappropriate sentences handed
down by High Court Judges and implications of statements in rape cases
and violence against women. Concern was expressed about views of
judiciary which reflect stereotypes and suggestion of women
collaborating in crimes against them. Further concern was raised
around the interpretation of recent amendments to the Criminal
Procedure Act which deals with the imposition of a minimum life
sentence where the victim is:
o Under 16 years old, is raped by more than one person acting with
common purpose, or where grievous bodily harm is inflicted, save were
"substantial and compelling circumstances" exist which would justify a
less severe sentence. The judicial interpretation of this exception
has come under scrutiny by women's organisations and the media.
The University of the Western Cape's Law Centre's Gender Project
examined disparities in recent cases and argued that judges should
consider the following factors in 'substantial and compelling
circumstances':
o Whether the complainant has been sexually active is irrelevant.
o Whether the complainant and accused are acquainted or related is
irrelevant.
o Whether the complainant sustained any physical injury is irrelevant.
Appeals from the Regional Court and Sexual Offences Courts
2 concerns were raised:
o Increase in the setting aside of convictions and the reduction of
sentences on appeal.
o The Director of Public Prosecutions expressed concern about lenient
sentences being handed down where minimum sentences were applicable.
Appointments of Judges and Disciplinary Proceedings
The Chief Justice formulated the criteria for the appointment of judges
and it became apparent that there is no specific requirement for
knowledge on and sensitivity to issues relating to women and violence
against women. The Minister of Justice reported that he was canvassing
the views of judiciary on new legislation on training, disciplinary and
grievance proceedings of judges.
Education of Judges
Constitutional Court Judge Kate O' Reagan presented a reported on her
attendance at a judicial colloquim on the application of human rights
law at domestic level. Issues raised were:
o Countries should seek ways to ensure access of women to the justice
system.
o Lawyers, legislators, judges and citizens to recognise the importance
of and be familiar with international and regional human rights.
o Judicial education for all stakeholders and to integrate CEDAW and
other human rights instruments into domestic law and decision making to
enhance the social, political and economic lives of women and children.
o Establishment of an international judicial education centre to
"assist countries in design, development and delivery of judicial
education programmes on international human rights instruments and
jurisprudence, as well as an international resource centre to advise
and assist all stakeholders".
LAW ENFORCEMENT
Previous Commitments and Recommendations
The 1998 White Paper on Safety and Security places emphasis on service
delivery for women who faced secondary victimisation from the SAPS in
the past. Specific guidelines for use at station level have been
devised. The White Paper adheres closely to the initiatives of the
Victim Empowerment Programme (VEP) under the National Crime Prevention
Strategy (NCPS).
The 1998 report of the Independent Complaints Directorate (ICD) on the
conduct of members of the SAPS provided the following recommendations:
* Extensive training programmes for the SAPS to gain an understanding
of the context and nature of violence against women.
* A list of organisations that deal with violence against women should
be placed at police stations.
* The releasing of information to the media should be reviewed.
Present Experience of the SAPS
The submissions to the Committee regarding the SAPS highlighted the
difficulties confronted by women in accessing police stations. The
most common categories that emerged strongly in submissions from the
NGOs and the SAPS were problems of attitude and abuse and operational
problems. (For a full list of these problems, please refer to the more
detailed report).
The following issues still remain to be addressed by the Department of
Safety and Security:-
* The development of a profile of rape survivors and perpetrators.
* Disciplinary action against members of the SAPS who are themselves
perpetrators of violence against women.
* The technical aptitude of investigating officers in the investigation
of charges of violence against women; especially rape.
* The establishment of specialised units for rape and other violence
against women and children.
* The Department's participation in trauma centres for rape survivors.
Welfare Services and Shelters
Counselling and Shelters
In the White Paper on Social Welfare of 1997, guidelines include
strategies to counteract all forms of abuse and violence against women;
support services for women who have been battered, raped and sexually
abused; the training of police officers, magistrates and criminal
justice personnel in the management of violence against women, gender-
sensitive welfare services and taking into account women's needs as
care-givers.
Participants in the Hearings reported the following:
* An absence of proper counselling for women who are survivors of
violence.
* Severe lack of temporary safe housing for women as a means of
escaping situations of violence.
* Lack of government funding of shelters.
* Support services such as shelters, financial support, legal
assistance, police protection, access to housing, education, training,
employment opportunities, psychological services were essential to
assist women to transcend the cycle of violence.
* The Institute of Criminology's Gender, Law and Development Project,
UCT, presented their research findings of rural areas in the Southern
Cape. These include:
o Participants reported fear of retaliation, public humiliation,
ostracism by family and friends and little faith in the police and
courts.
o Women reported little or no support from family or the community.
o Participants reported little or no assistance from social workers and
local welfare agencies.
The Welfare Ministry reported on the following achievements and
proposed projects:-
* A service delivery for police and other professionals has been
developed.
* "One-stop service" shelters were being planned.
* Training of the SAPS and the Department of Justice officials on the
provisions of the DVA. The training of social workers and volunteers
would take place in January/February 2000.
* Planning of education and awareness campaigns of the DVA.
* The Victim Empowerment Programmes (VEP), a key programme of the inter-
ministerial National Crime Prevention Strategy (NCPS) has been
launched.
The following issues remain to be addressed by the Department of
Welfare:
* The Department's efforts to ensure that women are not discriminated
against with regard to welfare grants and properly regarded as main
care providers.
* The Department's efforts to ensure the allocation of more funds to
care dependency grants for seriously impaired children.
Transport
* Various submissions described the difficulties experienced by
especially rural women in accessing health care and legal services due
to inaccessibility of transport;
* Though the Department of Transport was not requested by the Committee
to participate in the hearings, the Committee intends requesting the
Department to furnish it with its formal response to the following
issues, with reference to its White Paper on National Transport Policy
of 1996. These are:
o The Department's efforts to make public transport more accessible and
affordable to women, who rely on these services for access to justice
and health care services.
o The Department's efforts to improve transport within villages and
towns, as well as transport to and from rural areas.
o The Department's efforts to ensure the safety of women on the public
transport system.
Health Care
Medico-Legal Examinations
Various submissions reported on practical difficulties experienced with
the required medico-legal examination of the victims of sexual assault
and rape:
* Health care services are disproportionately concentrated in
historically white and urban centres.
* A concomitant lack of access, mainly transport, especially for rural
women.
* Lengthy waiting periods between reporting the crime to the police and
the medical examination, which not only compounds the victim's trauma,
but is also a deterrent to proceedings with criminal charges.
* A lack of privacy during the medical examination and a failure on the
part of district surgeons to explain the reasons for and nature of the
examination. This is often due to linguistic problems.
* Inadequate treatment for conditions such as HIV/AIDS, STD's and
pregnancy, or treatment without even the most basic of explanations of
the health risks faced by rape survivors.
* The President of the Regional Court in the Western Cape told the
Committee that district surgeons often lack expertise and equipment.
There have also been cases where district surgeons have refused to
examine drunk and drugged victims.
* Reluctance on the part of district surgeons to appear in court;
* Suggestions that district surgeons deliberately completed the J88
forms in an inadequate manner to avoid being called as a witness.
Physical and Psychological Aspects of Treatment of Victims of Violence
* It further appeared that few health care workers were properly
equipped to deal with both the physical and psychological aspects of
the treatment of women and children who were victims of violence,
especially sexual violence.
* The Women's Health Project reported that most of the general
practitioners surveyed by them felt inadequate in coping with issues
surrounding domestic violence.
* District surgeons and hospitals were only concerned about rape
victims when the survivor showed physical injuries.
* It also appeared that health workers were perfectly positioned to
assist women who are victims of violence, with a majority of women
informing the health care worker who treats them of the identity of
their abuser.
* Many health workers, however, are not trained to deal with issues of
violence and an education and counselling opportunity is therefore
missed.
* In the Department of Health's 1998 Progress Report to the Committee,
the Department stated that it had joined other countries to discuss a
resolution on the prevention of violence as a public health priority,
that it participates in the National Network on Violence against Women
and that it assisted in developing guidelines for survivors of sexual
offences.
The following issues remain to be addressed by the Department of
Health:
* The necessity of shifting the focus of health care services for women
from childbearing to reproductive health, including counselling and
education on and treatment for reproductive health, especially
infertility, sexually transmitted diseases and especially violence
against women.
* Training and education of health care workers in domestic violence as
a mainstream health issue.
HIV/AIDS and Violence against Women
* Women and children who have been the victims of sexual abuse and
violence face special risks of contracting sexually transmitted
diseases (STDs) and in particular HIV/AIDS.
* The violence and coercion involved in the sexual relationships of so
many men and women in South Africa limit especially young women's
capacities to protect themselves against HIV/AIDS.
* Various perverse myths have arisen during the last decade connecting
sex with certain types of women with a cure for AIDS, thereby adding a
new dimension to sexual violence against women.
* Government funding of the controversial drug AZT. In an address to
the National Assembly on 16 November 1999, the National Minister of
Health, Dr ME Tshabalala-Msimang stated that the government has
declined to supply AZT to people infected with HIV/AIDS and people who
may have been infected through needle-pricks or through rape, on two
grounds - affordability and the absence of proper research on the
possible harmful side-effects of AZT, in particular its toxic profile.
Incarceration of Offenders
* The Department of Correctional Services presented a submission to the
Committee describing their extensive education and rehabilitative
counselling programmes for inmates, and in particular perpetrators of
sexual violence.
* The department reported on their education programmes for women
inmates (such as programmes on adult basic education and training,
reproductive health, including HIV/AIDS, parenting skills, stress and
anger management, alcohol and drug abuse).
* The department's policy stipulates that mothers with infants and
young children must be kept in a separate Mother and Child Unit;
* It was also reported that the Department now had a programme by which
all reasonable efforts were made to notify victims of the parole
hearings, and the release or escape of prisoners.
* The Department's submission points out that a victim or relative is
responsible to inform the Commissioner of Correctional Services in
writing of her contact details, change of address and costs incurred to
attend the parole board hearings.
* The Department also attempts to assist prisoners about to be released
by way of counselling, accommodation and transport arrangements and
community integration programmes to assist prisoners to obtain
employment on release.
RECENT RESEARCH ON VIOLENCE AGAINST WOMEN
Research reports on violence against women were submitted to the
Committee. However the limitations of the research, such as, specific
geographic areas, and generalizations should be guarded against when
studying the findings. These difficulties highlight the necessity for a
statistical data base on issues relating to violence against women and
children and gender attitudes. A selection of research reports have
been placed in this summary report. For more details of all research
findings, please consult the complete report.
SUMMARY OF RESEARCH
UNISA's Institute for Social and Health Sciences presented a research
report on rape surveillance based on district surgeons' offices in
Johannesburg from January 1996 to December 1998. It includes Hillbrow,
Lenasia South and Chris Hani Baragwanath medico-legal clinics:
o 51% survivors were between ages 15 and 25.
o 88.3% of rapes were perpetrated by a person of the same race group.
o 58.2% of rapes occurred over the weekends, and 43.7% took place
between 18h01 and 0h00.
o 44.7% survivors were acquainted with their perpetrators.
o Younger victims were more likely to know their perpetrators.
o 31% of rapes were committed in open fields, 29.1% in rapists home,
and 14.2% in victim's home.
o 73% of rapes were committed by single perpetrator and 27% involved
multiple attackers.
o Weapons were used in 54.9% of attacks: mostly knives (50.9%) and
firearms (35.3%) In 85.5% of cases weapons were used only to threaten.
UCT's Institute of Criminology's Gender, Law and Development Project
research submission undertaken in rural areas in Southern Cape found
that statistics and dynamics for rape are similar in rural and urban
areas, but access to justice and support differ enormously. The study
revealed that:
o Rural women experienced and witnessed injuries ranging from burns
from boiling water to severe head injuries. Participants stated that,
in their community, men were "professionals" in domestic violence,
hitting a woman on her body and not on her face, so that the injuries
are not too identifiable, but when she has been accused of infidelity,
women sustain head and facial injuries "to make her ugly to other men".
o Participants listed domestic violence, alcoholism, under- and
unemployment, the rape of women and property crime as major problems in
their communities.
o Rape and sexual molestation of children were seen as the biggest
threats to women and girl children in the communities.
o Economic abuse was a notable feature of the research.
o Women listed the following causes of domestic violence: Lack of
respect for women, problems with children, unemployment and alcohol
abuse, suspicion or jealousy and culture.
o The report also lists the following reasons for the limited access to
justice for rural women:
o Economic disempowerment was mentioned as being the single factor
which prevented women from removing themselves from the domestic
violence.
o Women in rural areas lack nearby services and the cost of transport
decreases a woman's ability to leave violent situations or even seek
information or assistance to deal with the problem.
o Limited access to state and private health, welfare and justice
services results in systemic discrimination by the state in almost
every area of rural women's lives.
o No accessible houses or shelters for women in rural areas.
o Fears of community gossip or alienation from their communities if
they seek assistance.
o Very few development services exist in rural communities.
The combined effects of poverty and violence for rural women in the
Southern Cape create formidable barriers to women's equality, mental
and physical health, and their full participation in civil society.
Current laws contain systemic inequalities, state legal structures are
inherently discriminatory against women and do not meet the needs of
rural women.
The Medical Research Council's Centre for Epidemiological Research in
South Africa (CERSA) presented three research reports at the hearings.
CERSA presented a research report on domestic violence based on the
first major community-based prevalence study conducted among women in
the Eastern Cape, Mpumalanga and the Northern Province. Its main
findings were the following:
o Emotional, financial and physical abuse are common features of
relationships and that many women have been raped.
o Physical violence often continues during pregnancy and constitutes an
important cause of reproductive morbidity.
o Many women are injured by their partners and considerable health
sector resources are expended providing treatment for these injuries.
o Injuries result in costs being incurred in other sectors, notable to
the family and the women's community and to employers in the national
economy.
o Considerable mental distress is associated with abuse.
o There was considerable agreement with patriarchal gender relations
but women also indicated that the prevailing gender attitudes in their
culture was much more patriarchal than their personal views.
o The report also mentions that there was considerable disagreement
amongst the women about the meaning attached to their culture to
customs like lobola, indicating the possibility of popular discussion
and examination of these traditions.
o Research conducted amongst pregnant Xhosa-speaking adolescents in
Khayalitsha initially intended to focus on contraception, bodily
knowledge and pregnancy, found that male violence dominated the sexual
relationships of these women.
CERSA also reported on research conducted among young people in Umtata.
Some of their key findings were the following:
o Physical assault and rape or coercive sex was reported by many
participants.
o Violence was used by boys as a way of imposing the rules of
relationships and was particularly associated with girls' rejection of
"proposals of love", attempts to end relationships, refusals of sex and
their actual or suspected infidelity.
o Physical violence was a way of life for not only the teenagers, but
in all community relationships.
o The gender identities of the participants were substantially
constructed in terms of their success in sexual relationships, and
pursuits of gaining and keeping boy- and girlfriend were overwhelming
the preoccupation for those young people.
o Neither teachers nor parents made any effort to promote safe dating
or to interfere in the violent activities.
The 1998 South African Demographic and Health Survey reported
statistics on violence against women that were significantly lower than
those reported by other studies. The survey mentions that the under-
reporting of gender violence is well recognised and should be taken
into account in interpreting its results. The Survey also records that
one in five currently married women reported economic maltreatment,
indicated by the regular non-provision of money for food, rent or
bills, whilst having money for other things.
Public Awareness and Education
* It emerged strongly from the hearings that rape, sexual assault and
domestic violence are more prevalent in South African society than ever
recognised and that fear and expectations of violence is a way of life
for many South African women.
* The hearings also shattered the common myth that the rapist is a
stranger who lurks in dark alleys.
* Submissions reportedly mentioned our history of oppression and
disregard for human rights as the context in which violence against
women flourished, and emphasised the importance of addressing violence
against women by placing it both within a historical and political
perspective and to recognise the influence of apartheid in the present
mindset of individuals, communities and society as a whole.
* It was also argued that the division of the people of this country
according to race contributed to the prevalence of violence against
women.
* The Centre for the Study of Violence and Reconciliation explored the
imbedded patriarchy which contribute to violence against women in South
Africa. Imbedded Patriarchy refers to the ideology of granting men
power and privilege over women can be seen as the one factor unifying
South Africa's various cultural and ethnic groups. Patriarchy also has
severe economic consequences for women, who are much more likely to be
unemployed and without access to any income of their own, while men
control the allocation of household finances and even hamper women's
efforts to obtain and keep employment, leaving women totally
financially dependent.
* CERSA also reported deep-rooted patriarchy and a concomitant lack of
respect for women, who are often seen as the property of their husbands
or father, or communities, as a factor in the scourge of violence
against women.
* Submissions also mentioned deepening levels of poverty and inequality
in post-apartheid South Africa, which affects women more as the major
component of the unemployed in South Africa.
* Gendered constructions of male and female sexuality have created the
idea that men should be sexually active and women passive and without
sexual desire. This implies to some men that women need to be forced to
have sex in a context where it is not acceptable for women to indicate
her consent.
* Research has shown a vast discrepancy in attitudes to the fidelity
required from men and women. It is acceptable for men to have many
sexual partners, but women are required to be faithful to one partner.
* A submission also indicated that government inaction is a factor,
which contributes to the high level of gender violence in societies.
* Submissions also pointed out that, despite its wide-ranging powers to
educate the public, the media was irresponsible in its reporting of
violence against women, perpetuating stereotypes and relying on
sensationalism.
* Both government submissions and those of NGOs reported an enormous
lack of understanding of violence against women by the public.
* It was also apparent from the submissions that both men and women are
uninformed about sex and sexual health and women are therefore unable
to protect themselves and to provide information and support to other
young women.
* Various submissions stressed the importance of involving men in
programmes on eradicating violence against women.
* Although COSATU did not participate in the hearings, the Committee
Chair has addressed shop stewards in the COSATU violence against women
and HIV/AIDS campaigns. COSATU has produced a guide for shop stewards
on these issues and is in the process of holding training workshops for
its shop stewards.
* Department of Education's Initiatives to Address the Issue:
o In its Gender Equity Task Team Report (the GETT report), the
Department of Education identified the following issues to be
considered and addressed relating to gender-sensitive education and
violence against women:
* Identifying means of correcting gender imbalances in enrolment,
dropout rates, subject choice, career paths and performance.
* The advantages and disadvantages of single sex schools.
* Sexism in curricula, textbooks, teaching and guidance;
* Sexism, sexual harassment and violence throughout the education
system.
The GETT report also lists the following recommendations:
* That new legislation should be developed to make explicit the legal
responsibilities of education authorities to uphold the rights of
students to be free from discrimination and harassment.
* That the National Department of Education should develop an interim
policy on sex and gender based harassment and violence.
* That the National Department of Education should develop a training
package for educational managers on their responsibility to prevent
discrimination, violence and harassment as well as curriculum packages
which incorporate learning about gender and violence at all levels of
education.
The Minister of Education made an oral submission to the Committee
regarding the Minister and the Department's efforts to address violence
against women. The following points were made:
* The Department of Education's 1997 report on Gender Equity in
Education dealt with sex based violence in schools.
* The Director-General of Education reported to the Committee that, in
their attempts to include sex and gender education in the curriculum,
they had initially experienced some resistance from sections of the
communities who did not want to expose small children to issues of
sexuality. It was hoped that the issue could be more appropriately
addressed under the auspices of Curriculum 2005.
* The Minister of Education reported that a gender Equity Directorate
had been established in April 1999, which liases with Gender Focal
Points in Provincial Departments through the National Gender Co-
Ordination Committee.
* The Education Department was also preparing gender training
programmes for all national and provincial officials, as well as a
Mainstreaming Handbook for use by gender officers.
* A school-based project on sex-based and gender-based violence and
harassment was being developed.
The Committee would like to receive a formal response from the
Department of Education on the following issues:
* The Department's efforts to ensure that gender issues are not
isolated to the Gender Equity Unit.
* What programmes the Department is planning in order to raise
awareness about sexism and violence against women in educational
institutions and in particular the pre-service and in-service training
of teachers and to raise awareness in the general public.
* The provision of extended day care facilities for younger children
and infants born to school girls.
* The Department's investigation into the desirability of single sex
government schools and the possibility of teaching certain subjects
separately to boys and girls.
* The development of gender sensitive textbooks and curricula, as well
as the development of comprehensive age-sensitive and sexual health
education.
* The Department's efforts to improve the education and Matric pass
rates and to decrease the dropout rate of girls, especially rural
African and Coloured girls.
* Other important theories that emerged for the perpetuation of
violence against women in South Africa noted:
o The intersection of race and gender oppression - examples of the
double burden of oppression borne by black women are slavery and
indentured servitude. Women slaves and their bodies were considered
the property of their owners. A certain perception of how African women
should be treated also emerged.
o Changes in the social order - research has shown that an increase in
violence against women, and especially sexual violence often occurs to
changes in the social order.
o Legitimising violence against women - the difficulties created by
African traditional and customary law by adhering to customs that are
oppressive to women.
o Militarisation - the apartheid era militarisation of South Africa and
the use of violent repression together with anti-apartheid movement
decisions about education and armed reaction have resulted in entire
generations of 'lost' and violent young men and a general culture of
violence - where violence is seen as a legitimate means of conflict
resolution.
* In addition, a culture was cultivated in which qualities regarded as
'feminine' is treated with contempt as 'weakness' and a tough,
aggressive, brutal and competitive masculinity is promoted.
* Professor Jacklyn Cock similarly blamed the legacy of militarisation
which involves "a proliferation of weaponry and ideas which link
violence to masculinity".
The Budget and Allocation of Resources
* At a Cabinet meeting in 1996, the Department of Finance committed
itself to considering the reallocation of military expenditure to
support women's economic advancement. In 1992/93, the Department
reduced expenditure on Defence from 9.1% of total government spending
to 5.7% in 1997/98. Spending on social services increased from 43.7%
to 46.9%.
* In its Second Annual Report (January, 1998 - March 1999), the
Committee recorded its formal questions to the Minister of Finance on,
inter alia, progress on the Ministry's 1996 Cabinet commitments to
reduce military expenditure and to utilise the savings towards women's
empowerment. The report further indicates that, in a briefing on 16
March 1998, the Minister indicated that military spending had decreased
from 4.5% of GDP in 1993/94 to 1.5% in 1999/2000, and that the main
beneficiaries of this decrease had been the Departments of Health,
Education and Welfare.
* Yet in the Medium Term Budget Policy Statements, the average annual
growth in present and projected proportional expenditure for Defence
and Intelligence was 14.9%, more than double the figure for any other
services, including Education, Health and Welfare.
* The Department of Finance was invited by the Committee to present
submissions at the hearings. Although the Deputy Minister attended the
hearings, he advised the Committee that the Department had not been
able to prepare a submission to the Committee. To date, the Committee
has not received a response to questions posed to the Deputy Minister
at the hearings.
* The Committee requires an urgent response from the Department of
Finance on the following issues:
o The Department's efforts to address the unemployment of women
formerly employed in the clothing and textile industries caused by the
liberalisation of trade policy as a means of increasing competitiveness
in the manufacturing sector.
* Various projects in the Victim Empowerment Programme (VEP) were
intended to focus on issues relating to violence against women and
children. However, very few of these projects have sustainable
funding, and many of the projects were only intended to operate for one
year:
o "Multi-disciplinary Management of Child Abuse and Neglect" - Donor
funding of R2 million paid for the 1998/99 year of operation, for the
1999/2001 years, "alternate sources of funding" would be sought.
o "Primary Health Care Model to Reduce the Risk of Interpersonal
Violence" - this was only intended to be a one-year project to be
implemented during 1998/99, with funding of R400 000 sourced from the
VEP.
o "Violence Referral Centres" - a pilot programme to establish
"Violence Referral Management Centres in four provinces, receiving
referrals from frontline staff": This project was similarly only
intended to be a one-year project to be implemented during 1998/99 at a
cost of R510 000, funded by the VEP.
o "Outreach Centres to Counteract Domestic Violence" - a programme
designed to give support for the establishment of outreach centres in
provinces to expand services to victims of domestic violence. Donor
funding of R1.2 million paid for the implementation of this project in
Mpumalanga and the Eastern Cape, whilst the VEP paid R1.2 million for
its implementation in the North-West Province and the Free State. The
VEP would pay R3 million for its implementation in the remaining five
provinces in 2000/01. "Alternate funding" would be sought during 1998
for the continued operation of these programmes.
o R65 000 was budgeted from the VEP for "Access to Legal Provisions to
Counter-Act Domestic Violence in Rural Communities", a project intended
to be operational during 1998/99.
o "Violence Prevention in Schools", a project implemented by the
Department of Health (in conjunction with the US Centre for Disease
Control for the 1998/99 year at a cost of R65 000, funded by the VEP.
o "National Policy Guidelines on Victims of Sexual Offences" - a
project encompassing nine provincial workshops to train service
providers on the basis of the national policy guidelines on sexual
offences - this project was funded by the VEP at a cost of R150 000
during 1998/99.
o "Victim Empowerment in Schools - Life Skills Curriculum" - this
project was funded by the VEP at a cost of R150 000, and intended to be
a one-year project during 1998/99.
o The VEP paid for a training course for the SAPS entitled "Victims of
Violence: Domestic Violence and Sexual Offences Case Handling
Training", at a cost of R100 000 for 1998/99; funding for 1999/2000 and
2000/01 "to be secured in order to extend it to these two years".
o An information and public awareness project hosted by the Department
of Welfare, funded until 2001 by the VEP.
* In its Second Annual Report (January 1998 - March 1999), the
Committee reported that no specific budgetary allocations had been made
for violence against women, unlike other crimes declared priority
crimes in terms of the National Crime Prevention Strategy, such as
hijacking. Similarly, departments such as Safety and Security did not
have specific, separate budget allocations for violence against women.
* The exclusion of victims of domestic violence from the Fund for
Victims of Violent Crime Bill;
* The Commission for Gender Equality also raised the issue of involving
the private sector in programmes addressing violence against women.
* Various submissions to the Committee mentioned that the cost of
violence against women in South Africa, and especially domestic
violence, has been calculated due to ineffective documentation of these
incidents by the health and criminal justice sectors. These costs are
both public and private, paid for by women and their families.
* Calculating the real economic costs may be hampered by the fact that
violence against women is under-reported, prenatal damage caused by the
abuse of pregnant women is difficult to quantify, long-term
consequences such as inter-generational transfers of violent behaviour
cannot be accurately estimated and private costs to women cannot be
captured.
Inter-Ministerial Co-Operation and Co-Operative Governance
* The National Crime Prevention Strategy (NCPS), adopted by the Cabinet
in May 1996, is the government's flagship inter-departmental programme
in its efforts to combat crime. One of the NCPS programmes which
affects issues of violence against women is the Victim Empowerment
Programme, hosted by the core NCPS departments, namely Justice,
Welfare, the SAPS, Safety and Security and Correctional Services, but
also involves the Departments of Health and Education and Provincial
Departments;
* The Office on the Status of Women (OSW) was established in the
President's Office. R1.5 million of the OSW's funding of R2.5 million
for 1998/99 was donor funding, which terminated in August 1999. The
budget for 1999/2000 only covers salaries and administration;
* During 1999, the OSW advised the Committee that it was developing a
Green Paper on a National Gender Policy to be passed by the Cabinet.
* On 15 March 1999, the OSW also advised the Committee that it was
conducting a gender audit on internal transformation and external
service delivery of all government departments and all the provinces,
with a view to developing a national action plan.
* Although the Department of Foreign Affairs was not requested by the
Committee to participate in the November 1999 hearings, the Committee
would like to know whether and when a gender desk will be established
in the Department. The Committee also requires information regarding
the Department's efforts to set up international links to international
trafficking in women and prostitution.
* In view of various submissions relating to women's difficulties in
escaping situations of especially domestic violence due to a lack of
access to alternative housing, the Committee also requires a response
from the Department of Housing and Agriculture and Land Affairs (both
of whom were not requested to participate in the hearings) on their
efforts to ensure that women are not discriminated against in the
granting of housing subsidies, access to rural housing and rural land
allocation. The Committee is particularly interested in the progress
and achievements of the Women for Housing Group in the Department of
Housing with reference to their April 1998 draft document entitled,
"Guiding Principles and Practice Relating to Women's Housing Issues".
Co-Operation between Government and Civil Society
* Numerous submissions mentioned the importance of an inter-sectoral
approach, involving both government and civil society, in addressing
violence against women.
* The National Network on Violence against Women has been most
successful in bringing together government and civil society on issues
relating to violence against women. The Department of Welfare has
formed a partnership with the National Network on Violence against
Women and the Network has received financial and administrative support
from the Department. The Department of Health also participates in the
National Network on Violence against Women.
* The Committee was told of the involvement of organisations like
People Opposed to Women Abuse in programmes of the Department of
Correctional Services.
* At the same time, many NGOs mentioned their prime difficulty being a
lack of funding, and that most of their time was spent on fund-raising
instead of addressing their substantive goals.
The Need for a Statistical Database
* In South Africa, there has been a notable lack of community-based
data and reliable statistics on violence against women and children,
its prevalence and epidemiological studies of risk factors. Most
research undertaken on violence against women in South Africa has been
relatively small-scale, localised or has focused on particular sub-
groups, e.g. health service users.
* Research efforts on the prosecution of sexual offences cases were
made extremely difficult through the absence of any record system
whatsoever by court officials, and police dockets and court files which
were incomplete. Further, there is no official record of how many
women phone police stations when they are in a crisis or when their
lives are endangered.
* Disaggregation of data and the devising of protocols around domestic
violence may yield better data and the Department of Safety and
Security is best positioned to do this.
* In its 1998 White Paper, the Department of Safety and Security stated
that it aims to improve the reliability of crime statistics in general.
The Committee will request the Department to furnish it with a
progress report in this regard.
Recommendations and Queries to Government Departments
(Submissions to this section were received from various stakeholders -
please refer to full document for details)
Criminal Justice
The Committee recommends:
* that the availability of and access to legal aid to women who are
victims of violence be given urgent consideration by the Legal Aid
Board and the Department of Justice;
* that urgent attention be given to the appointment of more
prosecutors, intermediaries, interpreters and magistrates, and that the
Department of Justice allocate resources for this purpose;
* that clerks of the court, who will be the point of entry for
complainants in terms of the new Domestic Violence Act, be given
mandatory training in gender sensitivity and the effects and nature of
domestic violence;
* that the establishment of more Sexual Offence and Family Courts
receive priority;
* that attention be given by the Judicial Service Commissions to
sensitivity to gender issues in the appointment of High Court Judges;
* that gun control laws be enforced more strictly.
Law Enforcement
The Committee recommends:
* That more female officers be made available to assist survivors of
violence;
* That the Department of Safety and Security allocate resources to
establish a proper surveillance and data collection system which would
make it possible, inter alia, to identify specific locations where
attacks on women regularly occur and to identify reasons for the non-
prosecution of violence against women;
* That more police stations be established and equipped, including
satellite police stations, especially in the rural and poorer areas;
* That urgent attention be given to more visible street policing and
street lighting;
* That the Department of Safety and Security allocate resources to
engage the services of experienced trainers from reputable NGOs to
train members of the police in:
o The devastating effect of violence against women, including domestic
violence which is often treated by police officers as "unimportant";
o Sensitive treatment of traumatised survivors of rape, sexual assault
and violence against women in general;
o The various legal remedies available to survivors of violence. It
appeared from various submissions that complainants often relied on the
police for advice on her choice of remedy. In some cases, it was
reported that police try to dissuade women from laying charges against
perpetrators by stressing negative consequences for women if they
insist on the arrest of the offender;
o Accurate and adequate forensic investigations for the purpose of
criminal prosecution.
Welfare Services and Shelters
The Committee recommends:
* That the Department of Welfare embark on extensive training of its
officials to equip them to deal with survivors of violence against
women;
* That both government and civil society give urgent attention to the
establishment of shelters for abused women. This is also a project in
which the private sector can make a specific and greatly needed
contribution towards assisting women to remove themselves and their
children from situations of violence.
Health Care
The Committee recommends:
* The incorporation of treatment of the survivors of sexual violence
and other violence against women in the curriculum for the training of
doctors, nurses and other health workers. Such treatment must also
incorporate an understanding of the trauma experienced by the survivor.
* That urgent attention be given to the availability of treatment of
rape survivors of STD's and other health risks, and that the Department
of Health prioritises establishing the effectiveness of anti-retroviral
drugs like AZT for rape survivors;
* That urgent attention be given to women's access to health care,
especially rural women;
* That priority be given to the expansion of the existing project for
the training of forensic nurses; and
* That the removal of question 11(e) from Form J88 be considered.
Incarceration of Offenders
The Committee recommends that:
* The Department investigates the implementation of weekend
incarceration, especially of perpetrators of domestic violence;
* A fund be created to which victims or relatives can apply to fund
expenses related to attending parole hearings;
* A fund be created to assist prisoners who become victims of violence.
Public Awareness and Education
The Committee recommends that:
* An extensive public awareness campaign in all languages through the
use of electronic and print media about the right of women to be free
of violence. Such campaigns must address both women and men and must
target rural areas in an accessible way. It is also imperative that
community organisations, especially religious organisations, are
involved in the campaign on an on-going basis and that influential
people in the community (including politicians, religious leaders,
business leaders and youth organisations) on national, provincial and
local level, make public statements in support of the campaign.
* That the Department of Justice drives a public education campaign
focussing on legal remedies available to women who are victims of
violence, and in particular the provisions of the Domestic Violence
Act.
* Proper education on sex, sexual health, the crime of violence against
women and alternative conflict resolution mechanisms (other than
violence) -
o As part of the school curriculum, taught at an age-appropriate level
from an early age. Such programmes must also focus on the development
of self-reliance and self-esteem for both girls and boys. Attention
also need to be given to teacher-training to ensure that teachers feel
qualified to deliver such education.
o For parents by way of national workshops and seminars on parenting
skills.
o For men through employee's organisations and unions. Changing men's
perceptions should receive high priority as a mainstream issue, and
provision should be made for both primary prevention as well as
secondary prevention, such as counselling programmes for abusers.
o In communities by representatives of the police, welfare and legal
services, utilising the network of as many community organisations as
possible, including women's organisations, specifically to reach women
who have already left school and unemployed men.
Such education should address, inter alia, the following questions:
o What is love? In what ways can it be demonstrated?
o What do young people do sexually? Why do people have sex?
o Do men and women have equal sexual rights?
o What kinds of relationship can young people have?
o What alternative sexual practices are there?
o How can men and women communicate about sexual matters?
o Who says no to sex, and how? Who can ask for it?
o Who has or is allowed to have multiple sexual partners? And why?
o What is sexual abuse and violence?
o When and why does violence occur within relationships?
o Is violence acceptable within relationships?
o How can potentially violent situations be dealt with?
It appeared from numerous submissions that the lack of employment and
realisable aspirations among especially young men contributed towards
abuse of women though displacement of frustrations onto vulnerable
partners, as well as through increased drug and alcohol use. The
Committee therefore recommends that government prioritises job creation
in areas where abuse is most prevalent.
Tracking the Changes after the November 1999 Hearings
From 2000 to 2001
Visits to various provinces by members of the Committee were undertaken
in April and June 2000 with a view to meet with Magistrates, South
African Police Services Commissioners and
Prosecutors. These meetings formed part of the Committee's
investigation into the difficulties experienced by the SAPS,
Magistrates and Prosecutors in each of the provinces to monitor the
implementation of the National Instruction on the Domestic Violence and
Maintenance Act. A delegation of the Committee visited Nelspruit,
Mpumalanga on 17 April 2000, Pietersburg, Northern Province on the 19
June 2000, Port Elizabeth, Eastern Cape on the 19 June 2000 and the
Western Cape.
The issues highlighted below are prevalent to a greater or lesser
degree in all areas that these investigations took place.
Domestic Violence
* Application forms for domestic violence interdicts - shorter forms
were requested, more staff are required.
* Director Singani, Crime Prevention, informed the delegation that
victims are given a choice on whether they want to open a case or get a
protection order. Normally victims choose the latter and do not want
to open a case. The SAPS need more staff to cope with filling of the
forms.
Public Education
* Public is illiterate and uninformed about the legislation.
* The public is often referred back to the police by the magistrate's
courts. People get shifted from pillar to post. It is problematic
just get more personpower to help with filling in the forms.
Training and Restructuring
* Training of police officers is ongoing;
* Director Singani mentioned the possibility of getting a small
structure to deal with domestic violence cases, because police
officials are taken away from their ordinary duties. The SAPS has to
send two police officers to escort victims, which takes up to five
hours. There needs to be a clarification of guidelines on the division
of labour.
* Director Singani also indicated that there are no clear guidelines on
who needs to be doing what, and said that the SAPS cannot deal with
both, but they needed a subsection to deal with the matters.
Note from clerk: it is apparent that even senior SAPS officers regard
the problem of violence against women as something that is not part of
their ordinary work, but an extra burden placed on them. This attitude
is alarming and an undertaking must be obtained from the Minister of
Safety and Security that this mater will be dealt with immediately and
effectively.
Manpower and Language
* Director Singani pointed out that when the applicant is referred to
the police for assistance with filling in the forms, the police have
the problem that they do not have the necessary personpower to assist.
He argued that capacity must be built at magistrate courts, for
example, translators must be appointed. He complained that they only
want to deal with the protection side of matters and this can only be
done if there is more capacity but they do not have the time.
After-Hours Assistance
* Director Singani stated there were problems getting the required
assistance after hours with regard to applications. In Sheshego, the
magistrates have set certain hours to deal with domestic violence
cases, up to 12h00, for instance.
* When victims go to the police station to deal with the problem, women
use interdicts to cover other matters and most cases are withdrawn.
Transport
* The SAPS do not have enough vehicles to fulfil its transport duties
toward victims. There was a shortage of manpower and members still had
to manage their work in the time required. There was an appeal that
this problem be addressed.
Shelters
* Shelters are mostly under the management of men. Suspects complain
that their wives are given to other men. There is a perception that
this is a cultural matter. Some shelters are not open for 24 hours.
Jurisdiction
* The areas of jurisdiction of the SAPS and the magistrate's courts are
not exactly the same. Police officers often go outside of their area
of jurisdiction at times, although a certain area may be in the
magisterial district. The SAPS has to apply for permission to operate
outside their jurisdiction, but a senior officer may not be available
at that crucial time. If jurisdictions could be matched exactly, it
would save on time and labour.
Addresses
* Victims or suspects often do not have proper addresses, because they
live in rural areas.
Magistrates
Personpower and Language
* An official informed the delegation that the magistrates in the
Northern Province were experiencing the same problems as those in
Mpumalanga. They have a shortage of personpower. His civil section has
three clerks and they do full-time domestic violence complaints work.
On the return date, it often happens that the respondent approaches the
court to have the order set aside. The civil trial gets too little
attention.
* He pointed out that the civil section is chaotic as the three clerks
have to fill in all the forms and they experience problems because of a
language barrier;
* Clerks sometimes refer the complainants to the SAPS to help with
filling in the forms. They need more staff for the completion of forms
and for trials. Other sections of work are being neglected;
* Over 30 000 documents are served per annum. Domestic violence places
another burden on the section.
Restructuring
* Additional posts should be created in order to render services;
* Many magistrates' offices are using an organogram that has been in
operation for 30 years - it has not been upgraded.
Financial Implications of the Domestic Violence Act
* The Domestic Violence Act has financial implications that has not
been accounted for. The sheriff has to be paid and magistrates have
pleaded that the Sheriffs delay billing until the next financial year.
Prosecutors
Staff
* The three divisions - Administration, Prosecution and Magistrates do
not communicate. The Act implies that they have certain duties. Acts
were passed but due to lack of additional staff, there are major
problems. Furthermore, when cases have to go to court, the application
is withdrawn and the process is often repeated.
* At times, the magistrate with civil court also deals with
applications for victims of domestic violence. The workload is immense
and magistrates themselves need more assistance.
Jurisdiction
* The discrepancies in the jurisdictions of the SAPS and the
magistrates' courts - many problems are encountered as the SAPS nearby
may want to bring a case before the court but the magistrate may not
act because his jurisdiction is elsewhere.
Inter-Departmental Co-Ordination
* There was a request that an agreement be worked out between the
Departments of Justice and Safety and Security to co-ordinate cases.
This will result in a better flow of case. There has to be a joint
venture between Justice and the police to interrogate the Act and to
assist with the smooth running of the implementation.
Problems with Act
* The Act makes no provision for cases where violence occurs before the
interim order has run out and the final order is in place.
Training of SAPS
* Members of the SAPS have not received sufficient training with regard
to domestic violence.
Department of Health and Welfare
Bureaucratic and Practical Stumbling Blocks
* In rural areas, there are no specific medical facilities for victims
- a clinic is open for certain hours and days.
* Medical facilities have been decentralised to be accessed by all.;
* When domestic violence victims seek help, and if they have a J88
form, they cannot be helped as there may be no doctor present and
therefore they will have to go to a hospital.
* Victims are often not accompanied as the SAPS do not have transport
or the staff to handle this aspect.
* Many rape victims are taken to hospitals where there is a lack of
crime kits and other forms, which would be available if they were
accompanied.
Statistics
* There are only statistics for rape victims and not for domestic
violence assault, only for assault. A new form is in the process of
being compiled and developed which will help record statistics to
separate domestic violence cases from assault cases. This form will now
be filled in at hospitals.
The Joint Monitoring Committee on the Improvement of the Quality of
Life and Status of Women
Summary Report on Violence Against Women
October 2001
Introduction
The Joint Monitoring Committee on the Improvement of the Quality of
Life and Status of Women (hereinafter referred to as the Committee) was
permanently established in June 1998 to monitor and oversee progress
with regard to the improvement of the quality of life and status of
women in South Africa. The Committee's specific brief is to monitor
government's commitments made at the United Nations Fourth World
Conference in Beijing in 1995 and the provisions of the United Nations
Convention on the Elimination of all Forms of Discrimination against
Women (CEDAW) in 1995.
The South African government signed and ratified CEDAW and government
departments tabled their commitments to the Beijing Platform of Action
(BPFA) in February 1996. Both CEDAW and the BPFA detail a state's
obligation to introduce measures to protect the rights of women and
mechanisms to eliminate gender-based violence.
The Committee's hearings on violence against women were held from 8th
to 17th November 1999. The objectives of the hearings were the
following:
* To identify the blockages which impede women's access to justice.
* To determine the varied ways in which such obstacles to justice can
be addressed and eliminated.
All submissions of the 1999 hearings are available from the Clerk of
this Committee.
Subsequent to the 1999 hearings, the Joint Monitoring Committee on the
Improvement of the Quality of Life and Status of Women either initiated
or participated in various forums highlighting gender violence in South
Africa. These were:
* The provincial visits to 3 provinces by a delegation from the JMC -
17 April 2000 - Nelsruit, Mpumalanga; 19 June 2000 - Port Elizabeth and
Pietersburg;
* The joint 2-day workshop between the JMC and the Public Participatory
Unit (PPU) of Parliament, 25 - 26 July 2001, Parliament, Cape Town.
* The rural road shows held in conjunction with the PPU.
An Overview - Violence against Women Hearings, November 1999
Submissions from the hearings noted the many achievements made by the
state in addressing and confronting the issue of gender-based violence.
The state at the highest policy level has committed itself to the
elimination of gender violence. The preamble to the Domestic Violence
Act 116 of 1998 makes clear this intention as it sets this legislation
out as "providing victims with the maximum protection, which the law
can provide'. In addition to the Domestic Violence Act, the criminal
justice system began the process of transformation with proposed
legislation to improve the lives of women confronting the justice
system. The South African Law Commission's Sexual Offences Discussion
Paper incorporates a proposed Sexual Offences Bill. SALC has also
produced a discussion paper on procedural aspects of the prosecution of
sexual offences.
Specific Impediments to the Implementation of the Domestic Violence
(DVA) and Issues Pertaining to Sexual Offences - Submissions181
The following crucial points were raised at the hearings in written and
oral form. It must be pointed out that the hearings were held before
the implementation of the DVA (December 1999) and these submissions
highlight the perceived problems that would be encountered. These
were:
* Women's inability to access their rights due to lack of knowledge
around the DVA.
* Discretion of magistrates in sentencing procedures.
* Legal representation is too costly and therefore disadvantages many
poor women.
* Education for the judiciary, for example, clerks of the court, are
inadequate.
* Inaccessibility to police stations and courts due to transport
problems make it difficult for women to report and follow up and thus
recourse to the DVA would not be fully utilised.
* Whilst the legal aspects of the DVA are technically correct,
activists argue that support mechanisms to ensure the eradication of
domestic violence is lacking.
* Misconception around domestic violence even amongst victims is still
viewed as a "private family matter".
* Language barriers and staff shortages further exacerbate the full
implementation of the DVA.
* The 13 forms required to implement the DVA were still not printed.
* Negative experiences of courts in general, which is a direct
consequence of a lack of adequate facilities and human resources to
handle victims of gender violence. There are massive backlogs of cases,
which cause delays of about nine months between complaint and trial.
* A definite need for the reconsideration of the adversarial system in
sexual offences cases.
* Prosecutors and magistrates need training on non-legal aspects of
gender-based violence.
* South Africa should seek ways to ensure that women can access the
justice system.
The above were some of the key concerns raised at the 1999 November
hearings. For more detail, see the summary report of July 2000 and the
comprehensive report of February 2000.
Key departments and various stakeholders involved in addressing gender-
based violence have pointed out the progress that have been made in
terms of programmes, budgetary requirements and policies that will aid
the process towards the eradication of gender-based violence. For a
full list of submissions made by key departments, please refer to the
February 2000 report.
Findings from provincial visits (2000)/workshop (2001) and road shows
(2001) to monitor the gaps found in the implementation of the Domestic
Violence Act of 1998.
Visits to various provinces by members of the Committee were undertaken
in April and June 2000 with a view to meet with magistrates, the South
African Police Services (SAPS) Commissioners and prosecutors. These
meetings formed part of the Committee's investigation into the
difficulties experienced by the SAPS, magistrates and prosecutors in
each of the provinces to monitor the implementation of the National
Instruction on the Domestic Violence and Maintenance Act (Act 99 of
1998). A delegation of the Committee visited three provinces and
visits to the remaining provinces are envisaged in the year 2002.
Some of the key concerns highlighted by participants at the above
interactive sessions revealed the following problems (to a lesser or
greater degree in different areas) encountered by women "victims"
accessing the justice system:
* Application forms for domestic violence interdicts were too lengthy.
Shorter forms were requested.
* More staff is required to assist women at various stages.
* The public is still illiterate and uninformed about the legislation.
* Although training of police officers is ongoing, there is a
perception among certain SAP officials that violence against women is
something that is not part of their ordinary work, but an extra burden
placed on them.
* Lack of staff in certain courts and police stations further hamper
the process.
* Language issues and lack of translators at some assistance points
were lacking.
* There are problems with receiving the required assistance after hours
with regard to applications.
* Lack of vehicles to fulfil duties toward victims.
* Shelters for women are mostly under the management of men.
* The areas of jurisdiction of the SAPS and the magistrates' courts
also pose a problem.
* The Domestic Violence Act has financial implications and all aspects
have not been fully covered.
* The Act makes no provision for cases where violence occurs before the
interim order has run out and the final order is in place.
* In rural areas, there are no specific medical facilities for victims
as clinics are only open on certain days and for specific hours.
* Rape victims are taken into hospitals where there is a lack of crime
kits and the necessary forms required.
Recommendations
Stakeholders from various sectors at the 1999 hearings, the 2000 visits
to the three provinces and the 2001 road shows and workshop recommended
that:
* The availability of and access to legal aid to women who are victims
of violence be given urgent consideration by the stakeholders
concerned.
* Urgent attention be given to increasing staff in key departments that
work on gender-based violence.
* Both government and civil society give urgent attention to the
establishment of shelters for abused women. This is also a project in
which the private sector can make a specific and greatly needed
contribution.
* Urgent attention be given to the availability of treatment of rape
survivors of STD's and other health risks, and that the Department of
Health prioritises establishing the effectiveness of anti-retroviral
drugs like AZT for rape survivors.
* An extensive public awareness campaign be undertaken in all languages
through the use of electronic and print media about the rights of women
to be free of violence. Such campaigns must address both women and
men, and must target rural areas in an accessible way.
* Proper education on sex, sexual health, the crime of violence against
women and alternative conflict resolution mechanisms (other than
violence) at all levels in society be done.
* Investigate the possibilities of weekend incarceration, especially of
perpetrators of domestic violence.
* Children have emerged as silent witnesses in domestic violence. An
integrated approach is key to assist women and children to deal with
the effects of violence. Support services to assist women and children
should be linked to the courts.
* The application forms should be simplified.
* The judicial process should allow for women to be debriefed after the
hearing in order for her to fully understand the terms of the
protection order and how it can facilitate her protection.
For more comprehensive details of the above as well as the
recommendations and queries to government departments contained within
oral and written submissions, please refer to the attached documents:
* Report on Violence against Women in South Africa based on the public
hearings on Violence against Women held in November 1999 (February
2000).
* Draft Summary Report on Violence Against Women Hearings 1999 (July
2001).
* Report on the visit to Pietersburg (19 June 2000), Port Elizabeth (19
June 2000); Nelspruit (17 April 2000) by a delegation of Joint
Monitoring Committee on the Improvement of the Quality of Life and
Status of Women.
* National Conference Report - Enhancing the Participation of Women in
the Law Making Process, 25 - 26 July 2001.
* Public Participation Unit, Parliament - Evaluation of Pilot Study on
the Rural Women's Project (September 2001).
Conclusion
The legislative process in terms of addressing gender-based violence
and increasing women's substantive equality in South Africa is highly
commendable if one notes the time- period in which changes were
effected. However, for the cycle of violence to be broken in South
Africa, the interlinkages and crosscutting issues between violence
against women, poverty and HIV/AIDS within the development framework
needs to be more thoroughly scrutinised.
1 Violence Against Women Hearings. Report. June 1998.
2 Address to the Nation on National Women's Day, 9 August 1999
3 Article 1 of Annex F to CEDAW
4 Article 2 of Annex F to CEDAW
5 Article 4(d) of Annex F to CEDAW
6 Act 116 of 1998
7 Act 133 of 1993
8 Criminal Procedure Amendment Act 75 of 1995
9 Criminal Procedure Amendment Act 105 of 1997
10 It was decided that this kind of provision is perhaps better and
more suitably located within the revised and comprehensive Child
Care Act 74 of 1983.
11 Though this is comprehensively dealt with in the Labour
Relations Act 66 of 1995, it means that people in employment are
protected from sexual harassment. It seems clear that there are
other areas where this is likely to take place. Thus further
investigations and proposals will need to be made in this
regard.
12 The Commission on Gender Equality reported to the Committee that
it was in the process of conducting research on judgements on
rape, as well as drafting of sexual offences legislation and
other legislation which impact on women.
In its June 1998 report on the Violence Against Women Hearings,
the Committee described a submission by Rape Crisis and UWC's
Community Law Centre regarding the Namibian draft bill on sexual
assault. This bill dealt with, inter alia, a redefinition of
rape, minimum sentences for rapists, order for payment of
compensation to the complainant, mandatory commencement of rape
trials within three months of date of arrest, disallowing a
negative inference based solely on the length of the delay
between the alleged rape and the laying of a complaint, the
right of a complainant to be legally represented during criminal
proceedings, and the prohibition of evidence relating to the
previous sexual history of the complainant.
13 Submission H
14 Submission Y
15 The President of the Regional Court for the Western Cape
reported that there was currently a backlog of 7000 cases in the
Western Cape regional courts. The present delay between
complaint and trial was approximately 9 months.
16 The SAPS's submission on its Family violence, Child Protection
and Sexual Offences Units specifically mentions the difficulties
caused by numerous postponements of cases involving child
witnesses, as well as trauma suffered by a child witness as a
result of a postponement.
17 From the submissions of the Masimanyane Women's Support Centre,
UCT's Institute of Criminology's Gender, Law and Development
Project, the Tawanarang Legal Advocacy Centre to End Violence
Against Women and the Commission on Gender Equality.
18 Ilitha Labantu reported that, in rural Transkei, police dockets
mysteriously disappeared on a regular basis.
19 As appears from the Committee's Second Annual Report (January
1998 - March 1999), page 15, initially only 200 copies of the
Guidelines were distributed. When the Committee raised
concerns, the Department raised donor funding to ensure the
printing of sufficient numbers of copies of the Guidelines.
20 As reported in the Committee's June 1998 report on the Violence
Against Women Hearings.
21 Submission X
22 Submission BB
23 Reported by the President of the Regional Court for the Western
Cape
24 Submission BB
25 Submission BB
26 Act 105 of 1997
27 Submission BB
28 Submission CC
29 Submission H
30 Reported by Ilitha Labantu in the context of rural Transkei
31 Submission CC
32 Submission Z
33 Submissions by Carol Bower, Rape Crisis Cape Town (A), Beauty
Ntuli, WACA Advice Centre (D).
34 Criminal Procedure Amendment Act 105 of 1977.
35 This view was expressed in the written submission of, inter
alia, the Commission on Gender Equality.
36 Prepared by Nicolette Naylor, a researcher for UWC's Community
Law Centre's Gender Project.
37 1999 JDR 0410 (W) dated 10 June 1999
38 1999 JDR 0336 (W) dated 6 May 1999
39 1999 JDR 0473 (O) dated 11 August 1999
40 1999 (1) SACR 502 (W)
41 Unreported judgement dated 28 July 1999, Case No 29/99, Free State
42 Summarised
43 Draft Position Paper "Framework for Transformation of the
Judiciary" prepared by the Department of Justice and revised in
March 1999
44 As reported in the Committee's November 1998 Report on
Government's Implementation of CEDAW and the BPA, page 81.
45 This report is based on an investigation of the conduct of the
SAPS members responsible for the investigation of the rape of
Nomboniso Gasa on Robben Island.
46 As reported in the Committee's June 1998 report on the Violence
Against Women Hearings.
47 Reported by National Network on Violence against Women
48 Reported by Ilitha Labantu
49 Recorded by UCT's Institute of Criminology's Gender, Law and
Development from women about the SAPS during their research
amongst rural Southern Cape women. These experiences were
confirmed by, inter alia, Nisaa.
50 Reported by the National Network on Violence against Women
51 Findings of research conducted by UCT's Institute of
Criminology's Gender, Law and Development Project amongst rural
women in the Southern Cape
52 Reported by the Commission on Gender Equality and the National
Network on Violence Against Women
53 Reported by Nisaa
54 Reported by National Network on Violence Against Women
55 Article 4(i) of Annex F to CEDAW
56 An "information note" prepared for Director Heunis
57 UCT's Institute of Criminology's Gender, Law and Development
Project's research report entitled "Violence Against Women in
the Southern Cape: Exploring Access to Justice Within a
Feminist Jurisprudence Framework"
58 Reported by National Network on Violence Against Women
59 Recorded by UCT's Institute of Criminology's Gender, Law and
Development from women about the SAPS during their research
amongst rural Southern Cape women
60 The Committee received a written submission from P C Willis
arguing for the incorporation of fingerprinting and DNA
identification coding on the new national identity "smart card".
The Committee has not investigated this issue, nor were any
questions put to the relevant government departments in this
regard.
61 Expressed by, inter alia, the Gender Advocacy Programme
62 Act 23 of 1957 (as amended)
63 Act 74 of 1983 (as amended)
64 Act 65 of 1996 (as amended)
65 In its 1998 report, the Department of Justice reported back on a
Canadian study tour on dealing with violence against women, and
the lessons drawn from the tour listed the need for counselling
for victims, as well as the necessity of establishing shelters
and safe houses for survivors.
66 UCT's Institute of Criminology's Gender, Law and Development
Project's research report entitled "Violence Against Women in
the Southern Cape: Exploring Access to Justice Within a
Feminist Jurisprudence Framework"
67 In its submission, the Gender Advocacy Programme stated that
support services such as shelters, financial support, legal
assistance, police protection, access to housing, education,
training, employment opportunities, psychological services are
all required to assist women to transcend the cycle of abuse.
68 Reported in the Committee's November 1998 Report on Government's
Implementation of CEDAW and the BPA, page 34
69 "Violence Against Women in the Southern Cape: Exploring Access
to Justice Within a Feminist Jurisprudence Framework"
70 These questions were raised by the Committee with the
Parliamentary Transport Committee in August 1997.
71 Reported by UCT's Institute of Criminology's Gender, Law &
Development Project
72 "Violence Against Women in the Southern Cape: Exploring Access
to Justice Within a Feminist Jurisprudence Framework"
73 Reported by both the Women's Health Project and UCT's Institute
of Criminology's Gender, Law and Development Project
74 Also reported by UCT's Institute of Criminology's Gender, Law
and Development Project
75 Research report by UNISA's Institute for Social and Health
Sciences on rape surveillance at the Hillbrow, Lenasia South and
Chris Hani Baragwanath medico-legal clinics during 1996 to 1998.
23,6% of rape survivors waited between 3 and 5 hours, 10,7%
waited between 5 and 7 hours, and 10,9% waited for longer than 7
hours.
76 The Women's Health Project. Tswaranang Legal Advocacy Centre to
End Violence Against Women mentioned that there is often a
callous, unsympathetic and even biased treatment of women who
are abused or rape victims.
77 Reported by Women's Health Project
78 In CERSA's report on their research among women in the Eastern
Cape, Mpumalanga and the Northern Province, it emerged that
71,4% (Eastern Cape), 93,3% (Mpumalanga) and 90% (Northern
Province) of women who received health care told the hearth care
worker who had injured them.
79 Based on research reports by the Women's Health Project and the
Centre for Epidemiological Research of South Africa at the
Medical Research Council.
80 These issues were raised by the Committee with the Parliamentary
Health Committee in August 1997
81 CERSA in Submission N
82 Submission O
83 As recorded by Lisa Vetten in Submission 1G
84 Submission 1G
85 As reported by CERSA in Submission O, page 21.
86 The Minister also stated that South Africa is the only country
in the world in which the use of AZT to treat health care
workers, following needle-prick injuries, is registered.
87 Submission 1H
88 Submission 1C
89 In its 1998 report, the Department of Justice reported back on a
Canadian study tour on dealing with violence against women, and
in the lessons drawn from the tour listed the need for
rehabilitation for offenders. This issue was also raised by
UWC's Community Law Centre.
90 A female prisoner may, subject to prescribed conditions, be
permitted to have her child with her until the child is five
years of age.
91 The research report points out that, when interpreting these
statistics, one should bear in mind that the sample only
represents reported rapes.
92 "Violence Against Women in the Southern Cape: Exploring Access
to Justice Within a Feminist Jurisprudence Framework"
93 During the course of the hearings, the Committee's Chairperson
suggested that future hearings of the Committee be held in rural
areas such as Transkei.
94 "He must give me money, he mustn't beat me" - Violence against
women in three South African provinces
95 "Sex, violence and construction of love among Xhosa adolescents:
putting violence on the sexuality education agenda"
96 "'Love is a dangerous thing': micro-dynamics of violence in
sexual relationships of young people in Umtata" (Submission N)
97 Compiled by, inter alia ,the Medical Research Council and the
Department of Health
98 The MRC's CERSA found in research conducted amongst women in the
Eastern-Cape, Mpumalanga and the Northern Cape that between 19%
and 28% of women had experienced abuse by a current or ex-
partner.
99 "Access to Justice for Rural Women" - Research Report by the
Gender, Law and Development Project, Institute of Criminology,
University of Cape Town, page 22.
100 "Access to Justice for Rural Women" - Research Report by the
Gender, Law and Development Project, Institute of Criminology,
University of Cape Town, page 22.
101 Finding of a research report conducted by the University of
South Africa's Institute for Social and Health Sciences on rape
surveillance at the Hillbrow, Lenasia South and Chris Hani
Baragwanath medico-legal clinics. This report also found that,
in cases of multiple attackers, the attack was more likely to be
perpetrated by strangers to the victim, and in open spaces;
single perpetrators were more likely to attack victims they knew
and 48,2% of such attacks occurred in homes. These findings are
echoed in the research findings among rural women in the
Southern Cape by UCT's Institute of Criminology's Gender, Law
and Development Project, which records that, in 55% of the rapes
reported in their study, victims knew the offender by name or by
sight.
102 Submission by the Masimanyane Women's Support Centre
103 Lisa Vetten in submission 1G, page 7
104 Submission 1G
105 Submission Z
106 This submission is contained, inter alia, in the introduction to
CERSA's submission O.
107 Rob Turrell, in submission V, gave the Committee an historical
overview of the circumstances in which the death penalty was
handed down for rape in South Africa.
108 Submission 1I
109 Submission by Professor Jacklyn Cock, Department of Sociology,
University of the Witwatersrand, page 1.
110 This phenomenon was raised at the hearings in various
submissions.
111 Also reported by Nisaa
112 This statement was supported in a submission by Judith Smith of
Women's Media Watch (B), Beauty Ntuli, WACA Advice Centre (D)
113 In its submission, UCT's Institute of Criminology's Gender Law
and Development Project reported that women who were victims of
violence received little or no support from family or the
community; women were often too scared of retaliation to help
other women, and the survivor feared public humiliation and
ostracism by family and friends should she speak out.
114 Submission by the Masimanyane Women's Support Centre
115 Article 4(j) of Annex F to CEDAW
116 As reported in the Committee's November 1998 report on
Government's implementation of CEDAW and the BPA.
117 These issues were raised by the Committee with the Parliamentary
Education Committee during August 1997
118 In accordance with government's obligations in terms of Article
10(c) of CEDAW
119 Article 4(h) of Annex F to CEDAW
120 The Committee's November 1998 report on Government's
Implementation of CEDAW and the Beijing Platform for Action,
page 13
121 At pages 44 and 45.
122 Department of Welfare's NCPS VEP paper dated May 1998, Annexure
A, Cluster Three, number 3.1, page 16.
123 Department of Welfare's NCPS VEP paper dated May 1998, Annexure
A, Cluster Three, number 3.2, page 17.
124 Department of Welfare's NCPS VEP paper dated May 1998, Annexure
A, Cluster Three, number 3.3, page 17.
125 Department of Welfare's NCPS VEP paper dated May 1998, Annexure
A, Cluster Three, number 3.4, page 18
126 Department of Welfare's NCPS VEP paper dated May 1998, Annexure
A, Cluster Three, number 3.5, page 18
127 Department of Welfare's NCPS VEP paper dated May 1998, Annexure
A, Cluster Three, number 3.6, page 19
128 Department of Welfare's NCPS VEP paper dated May 1998, Annexure
A, Cluster Four, number 4.1, page 22
129 Department of Welfare's NCPS VEP paper dated May 1998, Annexure
A, Cluster Four, number 4.9, page 26
130 Department of Welfare's NCPS VEP paper dated May 1998, Annexure
A, Cluster Four, number 4.12, page 27
131 Department of Welfare's NCPS VEP paper dated May 1998, Annexure
A, Cluster Four, number 5.2, page 29
132 This issue was raised by the Committee at the Justice Committee
Hearings
133 Including Nisaa and ADAPT
134 Submission O
135 Statements from a 1999 research report by UCT's Institute for
Criminology's Gender, Law & Development Project, "Violence
Against Women in the Southern Cape: Exploring Access to Justice
Within a Feminist Jurisprudence Framework"
136 Statements from the Department of Welfare's NCPS Victim
Empowerment Programme paper dated May 1998
137 Reported in the Committee's Second Annual Report (January 1998 -
March 1999), page 53.
138 This issue was raised by the Committee with the Parliamentary
Health Committee in August 1997.
139 As reported in the Committee's November 1998 report on
Government's implementation of CEDAW and the BPA, page 44
140 Articles 4(e), 4(o) and 4(p) of Annex F to CEDAW
141 Statement from a letter addressed to the Committee chairperson
by the Minister for Welfare and Population Development in June
1998.
142 Statement in the Department of Health's 1998 progress report to
the Committee
143 Article 4(k) of Annex F to CEDAW
144 Submission by the MRC's CERSA in its report on research on
violence against women in three South African provinces
145 White Paper on Safety and Security of 1998
146 Recommendations of the Commission on Gender Equality and the
Centre for Rural Legal Studies
147 Recommendation by the President of the Regional Court for the
Western Cape
148 GAP also recommended that Magistrates be provided with clear
guidelines on what constitutes "undue harm" for the purpose of
the Domestic Violence Act.
149 Recommendation by GAP
150 Recommendation by GAP
151 Recommendation by the President of the Regional Court for the
Western Cape
152 The Commission on Gender Equality reported to the Committee that
it was investigating the possibility of incorporating the CGE
into the JSC to ensure the appointment of a more gender-
sensitive judiciary.
153 The Committee was addressed in this regard by Constitutional
Court Judge Kate O'Regan, who had attended a judicial colloquium
on the application of international human rights law at the
domestic level.
154 Recommendations by the Commission on Gender Equality, ADAPT, the
Minister of Justice and the Chair of the Parliamentary Justice
Committee
155 UNISA's Institute for Social and Health Sciences reported that,
in their research conducted on rape surveillance at the
Hillbrow, Lenasia South and Chris Hani Baragwanath medico-legal
clinics from 1996 to 1998. Weapons were used in 54,9% of
attacks. In 35,3% of cases, such weapons were firearms.
156 Recommendation by the MRC's CERSA
157 Reported by the National Network on Violence Against Women
158 A need identified by both the Director of Public Prosecutions
and the President of the Regional Court for the Western Cape
159 The National Network on Violence Against Women reported repeated
requests by women for counselling by female officers.
160 Recommendation by UNISA's Institute for Social and Health
Sciences
161 Recommendation by Gender Advocacy Programme
162 Recommendation by the MRC's CERSA. This issue was also raised
in the White Paper on Safety and Security "In Service of Safety"
1999 - 2004 - September 1998
163 Issue raised by the Department of Welfare
164 Recommendation by ADAPT
165 Recommendations by the Centre for Rural Legal Studies, the
Commission on Gender Equality and the National Network on
Violence Against Women
166 Issue raised by the Director of Public Prosecutions. Women's
Health Project also reported that general practitioners were
wary and ill-equipped to deal with the non-physical aspects of
domestic violence, such as offering counselling and referring
the survivor to social structures for assistance.
167 Recommendation by Masimanyane
168 The Department of Correctional Services recommends that this
fund be created by the Department of Justice.
169 The Department of Correctional Services recommends that this
fund be provided for by this Department.
170 Recommendation by the Masimanyane Women's Support Centre, the
MRC's CERSA and the National Network on Violence Against Women
171 Recommendation by the Gender Advocacy Programme
172 Recommendation of the MRC's CERSA
173 Recommendation of the MRC's CERSA
174 Recommendation by MRC's CERSA
175 Recommendation by the MRC's CERSA. COSATU has already initiated
a campaign on violence against women and produced a guide for
shopstewards on this issue.
176 Recommendation by the MRC's CERSA
177 Recommendation by the MRC's CERSA
178 Recommended by the MRC's CERSA in their research report on "Sex,
violence and constructions of love among Xhosa adolescents: putting
violence on the sexuality agenda"
179 Recommendation by CERSA in submission N
180 A list of stakeholders that provided written and oral inputs if
listed at the back of the main report, February 2000.
181 A list of stakeholders that provided written and oral inputs and
research papers is listed at the back of the main report, February
2000.
Report to be considered.