TUESDAY, 10 SEPTEMBER 2002 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 14:02.

The 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.

                             NEW MEMBER

                           (Announcement)

The Chairperson of Committees announced that the vacancy caused by the resignation of Mrs P W Cupido had been filled, in accordance with item 6(3) of Schedule 6 to the Constitution, 1996, by the nomination of Mr N J J van R Koornhof with effect from 1 September 2002. Mr N J J van R Koornhof had made and subscribed the oath in the Speaker’s office. NEW MEMBER

                           (Announcement)

The Chairperson of Committees announced that the vacancy caused by the resignation of Mr J J Dowry had been filled, in accordance with item 6(3) of Schedule 6 to the Constitution, 1996, by the nomination of Mr W P Doman with effect from 3 September 2002.

Mr W P Doman had made and subscribed the oath in the Speaker’s office.

                         NOTICES OF MOTIONS

Mr M RAMGOBIN: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes - (a) reports that United States President, George Bush, and British Prime Minister, Tony Blair, were locked in talks at Camp David to plot a strategy against Iraq; and

   (b)  that 11 September 2002 marks the first anniversary of the
       terrorist attack on the World Trade Centre in New York;

(2) believes that such events lead to human rights abuses against unarmed citizens, especially women and children, unnecessary loss of life, destruction of property and contribute to turmoil in world markets and worsening levels of poverty;

(3) calls on President Bush and Prime Minister Blair to desist from mounting a military campaign and violence against the people of Iraq; and

(4) further calls on the leaders and the peoples of the world to work towards a safe and secure world in the knowledge that justice, peace, coexistence and stability are vital to restore our constantly bruised humanity. Mr E K MOORCROFT: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DP:

That the House -

(1) notes that President Mbeki will be addressing the General Assembly of the United Nations;

(2) further notes that he will raise a number of issues of international importance; and

(3) calls on him to use the opportunity to seek the support of the United Nations in taking steps to persuade the Zimbabwean government to observe the human rights of all people in Zimbabwe and to desist from its current course which will bring disaster to millions of Zimbabweans and will harm the interests of the region and destroy Nepad.

Mr E T FERREIRA: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

That the House -

(1) notes with joy that Brazilian police have rescued two South African explorers from an uncertain fate at the hands of a tribe deep in the Amazon jungle;

(2) further notes that although the men were not assaulted during captivity, they were denied medical attention, despite suffering from numerous ailments, and are now recovering in eastern Brazil; and

(3) thanks the Brazilian police for rescuing the two captured South Africans.

Mr S L DITHEBE: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes that the week of 2 to 7 September was South Africa’s Music Week, celebrated under the clarion call: ``Ek sê Mamela, it’s our Music’’

(2) further notes that the people of South Africa celebrate local music every year, which expresses the rich diversity of the cultures of the people of South Africa;

(3) believes that, in celebrating unity in diversity, our people are promoting a common cultural heritage and are contributing to efforts aimed at building national unity; and

(4) appreciates the efforts of all the people who made the celebration of South Africa’s Music Week a resounding success.

[Applause.]

Dr S J GOUS: Mevrou die Speaker, ek gee kennis dat ek op die volgende sittingsdag van die Huis namens die Nuwe NP sal voorstel:

Dat die Huis kennis neem dat -

(1) die Rooi Kruis-kinderhospitaal kan voortgaan met ‘n projek om onder andere die hospitaal se verouderde niereenheid voor die einde van die jaar aansienlik op te knap, aangesien die Wes-Kaapse provinsiale regering die koste van deurlopende instandhouding van die projek goedgekeur het;

(2) die helfte van die nodige fondse ingesamel is deur ‘n Kampsbaaise egpaar wie se seun deur die niereenheid gered is, en dat die res van die fondse deur die Kinderhospitaaltrust ingesamel is;

(3) dit ‘n bewys is van wat vermag kan word met die samewerking van die gemeenskap, en dat dit ook ‘n voorbeeld is van ‘n suksesvolle staat- privaatvennootskap; en

(4) die Nuwe NP die Rooi Kruis-kinderhospitaal se inisiatief en projekte verwelkom en ondersteun. (Translation of Afrikaans motion follows.)

[Dr S J GOUS: Madam Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the New NP:

That the House notes that - (1) the Red Cross Children’s Hospital can proceed with a project to significantly upgrade the hospital’s outdated kidney unit before the end of the year, amongst other things, as the Western Cape provincial government has approved the cost of continuous maintenance of the project;

(2) half the necessary funds were collected by a Camps Bay couple whose son was saved by the unit and that the rest of the funds were collected by the Children’s Hospital Trust;

(3) this is evidence of what can be achieved with the co-operation of the community and that it is also an example of a successful state- private partnership; and

(4) the New NP welcomes and supports the Red Cross Children’s Hospital’s initiative and projects.]

Ms A VAN WYK: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the UDM:

That the House, in the light of the serious and ongoing drug trade and increasing level of addiction in South Africa, as well as the violence and economic loss associated with it, urges Government to ensure -

(1) increased and more effective policing of drug trafficking and dealing, combined with more effective prosecution;

(2) more stringent and onerous bail conditions for suspects of illegal drug activities, as well as more severe punishment to fit the crime when convictions are made;

(3) increased specialist customs officials and control of unbound cargo and luggage at airports and seaports;

(4) minimum standards for rehabilitation centres and a body to impose and regulate such standards, as well as greater funding for the rehabilitation of chemical substance dependants;

(5) the appointment of a judicial commission of inquiry to investigate local and international syndicate involvement in drug trafficking and alleged police corruption; and

(6) the initiation and maintenance of a mass-media awareness and education campaign that is tailored for young people, on a regional and language-specific basis.

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

That the House -

(1) notes the statement by the General-Secretary of the South African Communist Party, Comrade Blade Nzimande, that ``teachers who fall in love with pupils must be fired’’

(2) believes that teachers who have a sexual relationship with schoolchildren are engaged in child abuse practices and betray the trust that parents have bestowed on them as educators and mentors of future leaders of our country; (3) furthers believes that such practices militate against initiatives by Government and civil society towards restoring the moral fibre of our society;

(4) condemns such evil and immoral practices; and

(5) further calls on communities, pupils and parents to expose this barbaric practice wherever and whenever it raises its ugly head.

Mrs R M SOUTHGATE: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP:

That the House -

(1) notes the cold-blooded murder of Monique Valentine and the devastating effect it has had on our communities;

(2) further notes that children with disabilities are recognised to be amongst the most vulnerable in South Africa and that South Africa has a population of over 43 million people, of which approximately 17 million are children, yet the prevalence of crime against them is increasing at an alarming rate;

(3) also notes that if we look through the eyes of children at the present portrait reflected from the face of South Africa, and specifically the Western Cape, it does not inspire hope for the future, but rather a veil of crime and grime too dense to imagine a brighter tomorrow;

(4) calls on Community Safety Minister, Mr Ramatlakane, to act on his statement that ``More must be done to protect our children and curb crime’’, as his actions will speak louder than fruitless words;

(5) calls on Government to reintroduce the death penalty, so that these cold-hearted killers, and all those like them who are capable of murdering a defenceless and vulnerable child in cold blood, will see that Government means business and that they will not get away with their crimes with only a simple smack on the wrist; and

(6) calls on Government to act now as we must protect our future generations at all costs.

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

That the House -

(1) notes that -

   (a)  the Constituency Office of the PAC at Botshabelo in the Free
       State was raided by the police on 23 August 2002;


   (b)  the raid was carried out in a military-style operation in which
       14 police vehicles were used; and


   (c)  the police said they were searching for weapons, computers and
       fax machines, but had no warrant to search this PAC office, and
       at any rate found no weapons because the PAC is a peace-loving
       and nonviolent organisation;   (2) observes that the PAC has worked harmoniously with the police;

(3) therefore condemns, in the strongest language, this provocative, illegal and unwarranted police raid of the PAC Office; and

(4) demands that the Minister of Safety and Security investigate this provocative act by the police and have those who carried out this illegal search punished.

Ms M M SOTYU: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes the professional execution of duties by the SA Police Service during the World Summit on Sustainable Development;

(2) acknowledges the immensity of the tasks that the country expected the SAPS to carry out by ensuring the safety and security of delegates and all who took part in the conference; and

(3) commends this heroic conduct by the SAPS, as it contributed immeasurably towards the creation and maintenance of a safe and secure South Africa, and towards making our country an international destination.

[Applause.]

The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DP:

That the House -

(1) notes that Jurgen Harksen’s attorney stated under oath that Mr Harksen gave R100 000 to the ANC;

[Interjections.]

(2) further notes that the New NP has refused to expose its bank accounts to forensic audit; and [Interjections.]

(3) therefore calls on the Premier of the Western Cape, Marthinus van Schalkwyk, and his Deputy, Ebrahim Rasool, to extend the terms of reference of the Desai Commission to investigate what amounts Mr Harksen has given to the New NP, the ANC and any other political party.

[Interjections.]

Mr M V NGEMA: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

That the House -

(1) notes with great sadness that ten people were killed and five others were seriously injured in a collision between a bakkie and a taxi on the N2 freeway in KwaZulu-Natal on Saturday morning; and

(2) sends its condolences to the families of the deceased and prays for a full and speedy recovery of the injured people.

Dr A N LUTHULI: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes that 9 September was Foetal Alcohol Syndrome Day and that Foetal Alcohol Syndrome, a serious condition, is found in babies whose mothers drink excessive amounts of alcohol during pregnancy, resulting in babies being born with mental and physical disabilities;

(2) therefore calls on the Government to further intensify its health education and health promotion campaigns to inform the public of the syndrome, and to discourage excessive use of alcohol, especially among pregnant women;

(3) further calls on the Government to take appropriate legislative measures to ensure that all stakeholders are aware of the dangers of alcohol abuse.

Mnr J W LE ROUX: Mevrou die Speaker, ek gee kennis dat ek op die volgende sittingsdag van die Huis namens die Nuwe NP sal voorstel:

Dat die Huis -

(1) daarvan kennis neem dat -

   (a)  die Nuwe NP die SA Polisiediens gelukwens met die jongste
       arrestasie van perlemoensmokkelaars waarby miljoene rand weer
       eens betrokke is;


   (b)  perlemoensmokkelary, wat met bendegeweld en dwelmhandel
       gepaardgaan, lank reeds skokkende afmetings aangeneem het; en


   (c)  navorsers dit eens is dat indien die tempo van perlemoenstropery
       nie nou stopgesit word nie, die bron binne drie jaar totaal
       uitgewis sal wees;

(2) dit skokkend vind dat terwyl ons ‘n wêreldberaad oor volhoubare benutting aanbied, die owerhede sienderoë toelaat dat hierdie unieke bron uitgewis word; en

 3) 'n beroep op die betrokke Minister doen om drastiese stappe te doen
    om hierdie skandalige vernietiging van ons natuurlike erfenis te
    voorkom. (Translation of Afrikaans motion follows.)

[Mr J W LE ROUX: Madam Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the IFP:

That the House -

(1) notes that -

   (a)  the New NP congratulates the S A Police Service on the latest
       arrest of abalone smugglers where once again millions of rands
       were involved;


   (b)  abalone smuggling accompanied by gang violence and drug dealing
       has long ago reached alarming proportions; and
   (c)  researchers agree that unless the rate at which abalone is being
       plundered is stopped now, the source will be completely depleted
       within three years;

(2) finds it shocking that while we are hosting the World Summit on Sustainable Development, the authorities are visibly allowing this unique source to be depleted; and

(3) appeals to the Minister concerned to take drastic steps in order to prevent this shameful devastation of our natural heritage.]

               WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT

                         (Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:

That the House -

(1) notes that - (a) the World Summit on Sustainable Development ended on 4 September 2002; and

   (b)  this historic summit decided on an implementation plan and
       further agreed to time frames and global targets covering areas
       such as water, sanitation, health, agriculture and food
       security, biodiversity, housing and trade;

(2) believes that -

   (a)  the Johannesburg Plan of Implementation and Declaration
       represents an important milestone in the struggle for equitable
       development and for the preservation of the global environment;
       and


   (b)  that the professionalism displayed by Government officials, the
       Johannesburg World Summit Company, the private sector and the
       volunteers for the duration of this summit has demonstrated the
       readiness of our country to host events of this magnitude; and

(3) congratulates the Government of the Republic of South Africa, the Johannesburg World Summit Company, and the people of South Africa for successfully communicating the message to the peoples of the world that South Africa is a common home of all humanity.

Agreed to.

               CHINUA ACHEBE WELCOMED TO SOUTH AFRICA

                         (Draft Resolution)

Mr J DURAND: Madam Speaker, I move without notice:

That the House -

(1) welcomes the world famous author Chinua Achebe of Nigeria to South Africa;

(2) salutes Chinua Achebe for his achievements as Africa’s foremost living author whose African classic novel “Things Fall Apart” served to put Black African writers at the forefront of international fiction; and (3) wishes him a pleasant and fruitful visit to our country and looks forward to his address this week on the occasion of the 25th anniversary of the untimely and tragic death of Steve Bantu Biko.

Agreed to.

               SENSELESS KILLING OF MONIQUE VALENTINE

                         (Draft Resolution)

The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I move without notice:

That the House -

(1) expresses its outrage at -

   (a)  the vicious and senseless killing of young Monique Valentine on
       the Cape Flats when the school bus in which she was travelling
       was hijacked; and


   (b)  the callous indifference of the hijackers who shot a
       defenceless, physically disabled child;

(2) sends its condolences to Monique’s family and her classmates at the Oasis School for the Physically Disabled as they cope with this tragedy; and

(3) expresses the hope that the perpetrators are swiftly brought to justice to deter similar crimes of violence.

Agreed to.

MORAL REGENERATION: A CALL ON SOUTH AFRICANS TO WORK TOGETHER TO RESTORE THE SOCIAL FABRIC

                      (Subject for Discussion)

The DEPUTY PRESIDENT: Madam Speaker and hon members, it is once again a pleasure for me to participate in a discussion on moral regeneration in this House, given the significance of this process in our country.

This debate indicates the seriousness that this House affords to the issue of moral renewal as part of nation-building in our country. This interaction is important as we live in an era of globalisation characterised by fast-paced change, bringing with it both positive and negative influences. The changes create uncertainty and unease about the present and the future, and provide yet another challenge for us, as a nation, in promoting good values.

We have only recently emerged from the apartheid era where the violation of human rights and freedoms was a norm. In building a new nation, we therefore need to inculcate a new culture and values.

In addition, Africa is also engaged in a process of renewal through the New Partnership for Africa’s Development, known as Nepad. We view the moral regeneration process as being intertwined with the fundamental Nepad principles of good economic and political governance, entrenchment of democracy, and respect for human rights and ensuring peace and stability.

As a nation, we are pleased to be making our contribution to the success of Nepad in various ways, including through the moral regeneration process. The Moral Regeneration Movement seeks to entrench the values that are enshrined in our Constitution, the Constitutive Act of the African Union and in the United Nations Universal Declaration of Human Rights and various other progressive international conventions. These give us a framework and a solid foundation.

Hon members will recall that on 14 November last year in this House, we called for a moral regeneration summit to address the problem of moral decay in our country. This was also against the background of the gruesome molestation of baby Tshepang in the Northern Cape and similar occurrences throughout the country. The perpetrator of the baby Tshepang attack has been sentenced to life plus 18 years in prison.

The successful conclusion of this case indicates yet another success of our criminal justice system, and showed what we can achieve through partnerships between the police and communities in the fight against crime.

Hon members will also remember that there was a strong feeling, at the time of our debate last year, that we needed urgently to confront the manifestations of moral decay in our midst head-on. These include, amongst other things; crime and corruption, and the brazen breaking of the law; the lack of respect for the sanctity of human life and for the next person; the abuse of women, children and the elderly; the breakdown of parental control over children and the abuse of alcohol and drugs.

Subsequently, over 1 000 representatives of Government, Parliament and nongovernmental organisations gathered in Pretoria on 18 April to establish the Moral Regeneration Movement. I must thank hon members for their participation in large numbers at that summit. It indicated the deep-seated concern of this House about matters of national importance.

The launch has been followed by a period of structural development and networking at all levels. The Moral Regeneration Movement’s working committee, appointed in November 2001, has been considerably enlarged to include members of provincial Moral Regeneration Movement committees, political parties and other sectors of civil society.

The establishment of Moral Regeneration Movement committees in most provinces, as well as some municipalities and metros, indicates that the Moral Regeneration Movement is taking root at every level. We are also pleased at the manner in which the campaign has captured the imagination of many sectors, from the religious sector, business sector, women’s organisations, youth organisations to schools and institutions of higher learning. The strong focus on Moral Regeneration Movement activities during Youth Month was especially encouraging, as the active participation of the youth in the campaign augurs well for its sustainability.

The Western Cape province held a moral regeneration summit on 20 August while other provinces have held consultative forums. In addition, religious parliaments were convened in the Northern Cape in May and in the Eastern Cape in July. However, it is important to note that the Moral Regeneration Movement is multisectoral, and not confined to the religious sector only.

Through the launch of the Moral Regeneration Movement, we have laid the foundation and established a vehicle for the promotion of good values in our society. However, a lot of hard work lies ahead, in the implementation, and this requires each of us to lend a hand in the true spirit of volunteerism and Vukuzenzele.

The Constitution of our country best outlines our values such as freedom, equality, human dignity, responsibility, accountability, respect and tolerance. We need to promote these values in our homes, communities, places of work, schools, places of worship and everywhere else.

I must also reiterate the necessity of strengthening the family structure. The institution of the family is an important entity for nurturing values, attitudes and behaviour. If we restore the values of respect, honesty, responsibility, integrity, care and support within families, and clearly demarcate the lines between right and wrong to our children, we will be making inroads in dealing with the moral regeneration of our society.

There is a tendency to direct the fight against corruption and moral decay primarily at communities and the public sector. We must, however, note that this year has been marked by a number of major corruption scandals in the corporate sector, both locally and abroad. This happens because we are all part of the same globe and contaminate each other. No sector is immune, and this further underlines the need for this campaign.

The corporate sector revelations have indicated shocking deficiencies in corporate governance, and the inclination towards the elevation of the profit motive above all other ethical and social responsibilities.

As part of the continental renewal, Africa has undertaken to ensure good and clean economic governance within the Nepad framework, and we need to deliver on this mission. The King Reports on Corporate Governance provide a solid framework in this regard.

We must also emphasise the positive influence of good role models in our society to provide the necessary leadership, especially to the youth. I must single out musicians such as Hugh Masekela and Tshepo Tshola who are working tirelessly in a campaign against substance abuse in the entertainment industry. They need our support and encouragement in their good work.

To assist such campaigns, plans are under way for the development of a national moral charter. The charter will represent a crystallisation of the central tenets of the various charters, ranging from the King Reports on Corporate Governance to the various codes of conduct in the public and private sectors.

It will be a concise pledge, which will contain the essence of core good values and ethics we would all want to adhere to, and would be prepared to be judged against. We will release details of the campaign for the citizens of the country to participate in the drawing up of the charter in the next month.

Hon members will recall that our President launched the Freedom Park Heritage Site on 16 June this year. The site is a celebration of our history and the sacrifices of people who fought for the time-honoured values that are enshrined in our Constitution. It also serves as a powerful reminder of what we have achieved against all odds, as we move forward to rebuild our country. These are the memories which should provide us with the courage to build a better society and a better country. We need to continue working tirelessly to play our role in entrenching good values and behaviour. We must volunteer our time and offer our services to neighbourhood schools, hospitals and clinics, to assist the elderly, sick and vulnerable, and through taking decisive action against crime and corruption.

Once we have succeeded in building a truly caring nation with sound values and a solid foundation, we will have enhanced our freedom and democracy, and will better appreciate what these values mean.

It is important that, as public representatives, we play a leading role in the moral regeneration process. I trust that, during this debate, hon members from all political parties will share with us information on programmes that are in place or are being set up in their constituencies to ensure that this renewal becomes a reality in every corner of our country. It is when we all lend a hand that we will be able to see positive results.

I would like to reiterate that this is everyone’s campaign, irrespective of political affiliation and any other beliefs. It is a campaign for all South Africans.

What we must be conscious of is that we have begun the journey. Together, and side by side, with unwavering determination and commitment, we must walk this challenging road until we achieve a truly caring society with unshakeable foundations. [Applause.]

Mr S E OPPERMAN: ``We live in a sick society. Let us diagnose the sickness and then cure it.’’ These were the words of the Deputy President during an interview earlier this year, just before the Moral Regeneration Summit.

Tot ‘n groot mate wil ek met die Adjunkpresident saamstem, alhoewel ek van mening is dat ons gemeenskap nie net gewoonweg siek is nie, maar dodelik siek is. [To a large extent I want to agree with the Deputy President, although I am of the opinion that we are not just plain sick, but terminally ill.]

The brutal killing of Monique Valentine, the mentally handicapped girl from Blue Downs, left us all very sad and hurting. However, what grieved me the most over the last few days was the brutal arrogance with which one of the attackers gave the ``up yours’’ sign after the brutal attack in the Peddie Area on Michelle Cocks and her friend, Isla Grundy.

The message of this misguided and totally confused individual was loud and clear: Up yours to the victims! Up yours to the lawmakers! Up yours to those who must enforce the law, the police, the judiciary and correctional services! Up yours to the community at large! Up yours in the name of human rights and freedom of expression! Therefore my submission, that our society is not just sick, but terminally ill.

Because of this attack, Michelle Cocks lost her unborn baby. For most of us this cannot be too serious, because not so long ago a law was passed in this House which legalised the killing of unborn babies, and we kill them by the thousands - almost 300 000 since February 1997, in the name of freedom of choice. [Interjections.]

During that same interview, when asked about the death penalty, the Deputy President responded: ``We cannot take away a life, because it is a gift of God.’’ As a creationist, I agree. I believe life comes from God and man was created in the image of God for a specific purpose. I do not believe that I evolved from a chimpanzee and that the Sterkfontein Caves represent the cradle of my forefathers. If some members of this House are passionate about their forefathers in the zoo, I am not.

Baie lede glo soos ek, maar ons sit terug terwyl ons swyg of het klakkelose napraters geword, ter wille van politieke korrektheid. [A lot of members believe as I do, but we are sitting back while remaining silent, or we have become senseless parrots for the sake of political correctness.]

No wonder Mondi Makhanya, in an article called ``Biko’s message is more urgent than ever’’, asks the following:

What is it in us as a nation that makes us accept the unacceptable and defend the indefensible?

The sickness is in our minds. Sick minds produce sick ideas and sick ideas lead to sick actions. So if we want to change our society for the better, we have to change the way in which people think.

Die grootste uitvoerproduk van ons tyd is idees. In die hoogs tegnologiese wêreld waarin ons leef, word idees binne sekondes van een deel van die wêreld na ‘n ander uitgevoer, te koop aangebied en almal gryp net. Niemand vra meer vrae nie.

Om te verskil en ‘n ander mening te hê en uit te spreek, het ‘n doodsonde geword. Daarom ook die uitdaging deur die agb Adjunkpresident in dieselfde onderhoud aan die kerkgemeenskap. Waarom bly die kerk stil? Waarom daag die kerk nie die status quo uit as wetgewing in die Parlement deurgevoer word, wat die kerk as immoreel beskou nie? (Translation of Afrikaans paragraphs follows.)

[The biggest export product of our time is ideas. In the extremely technological world we live in ideas are exported within seconds from one part of the world to another, are offered for sale and everyone just grabs. Nobody asks questions any more.

To differ and to have a different opinion and express it has become a mortal sin. Hence also the hon Deputy President’s challenge, in the same interview, to the church community. Why does the church remain silent? Why doesn’t the church challenge the status quo when legislation which the church might regard as immoral is being passed by Parliament?]

The battle is for the mind.

Steve Biko het die swart bewussynsfilosofie gepropageer. Sommige mense plaas die klem op Swart; ek plaas die klem op Bewussyn. Na my mening gaan dié filosofie oor die bewusmaking van menswaardigheid, selfrespek en trots. Dit is lewensbeskouings wat nodig is om ons positief te maak oor die lewe en ons verhouding met ander mense en ons omgewing - en dit beteken nie die aarde is my ma nie! (Translation of Afrikaans paragraph follows.)

[Steve Biko propagated the Black Consciousness philosophy. Some people place the emphasis on Black''; I place it onConsciousness’’. To my mind this philosophy is about making people aware of human dignity, self respect and pride. These are outlooks on life that are needed to make us positive about life and our relationship with other people and our environment - and this does not mean that the earth is my mother!]

The basic set of presuppositions making up my world view, that forms the basis of my values and norms, comes down to three questions: firstly, concerning the existence or nonexistence of God; secondly the position of humankind in the universe and thirdly, the nature of the universe itself.

Where do I come from? How do I know? What is of ultimate value? Where am I going? Questions of origin, of knowledge, of value, of destiny. These are difficult questions, especially for us who live in a world of shadows and mirrors and spindoctors. But these are vital questions.

A well-known scientist once shouted: ``Eureka, I have found it!’’ It is my prayer that all of us will receive revelationary knowledge to assist us in answering these questions so that each one of us can make our contribution in turning the tide. [Applause.]

Mr A M MPONTSHANE: Somlomo, mhlonishwa Phini likaMongameli [Hon Speaker, hon Deputy President …]

When my party asked me to participate in the debate about moral regeneration, the topic, which had up to that time appeared to be an ordinary topic, took on a new dimension.

It immediately dawned on me that here we are dealing with a very serious debate, namely the restoration of the social fabric. The dictionary defines the word ``restore’’ as bringing back into existence or use, bringing back or putting back into a former or original state. If we were to accept this definition, many questions do arise.

Let me submit that action by an individual - any individual - or a group of individuals needs to be guided by ideas. The first question, therefore, is to ask: What ideas? Whose ideas?

If we look at traditional societies, we find that the primary aim of education was the development of a loveable, beautiful, respectable and responsible individual.

The second aim of education was to develop a skilful individual. But, with the passage of time, the first aim of education, that of developing a respectable individual, was jettisoned and the second aim received the most emphasis at the expense of the first. The result was the development of a mechanical individual. This happened through the process of dehumanisation.

If we want to restore the fabric of our society, the first thing we therefore have to do is to end the conditions of dehumanisation, which manifest themselves in the following forms: the rejecting and despising of one’s language, the rejection of one’s customs and one’s past and the rejection of one’s colour.

So there you are. The first step towards moral regeneration, in other words, is to restore and accept that we Africans have our own ideas which tell us how to live life itself. In other words, that is to say, we have our own philosophy, namely ubuntu-botho.

Of course, I know that among us in the Chamber there are those who argue that to talk on African philosophy and culture is to talk about anachronisms - something that is outdated. Yes, we admit that various thoughts and practices can be anachronistic and must be either discarded or modified. But the whole society cannot be discarded.

We must, as a matter of urgency, explore the ubuntu-botho ideas on morality. It is fruitless to talk about moral regeneration in vague and general terms. Sometimes I find it very distressing to see Africans being shy and apologetic to talk about that which defines their very essence, the ubuntu-botho philosophy.

We have to remember, together with Lenin, that during the time of a revolution, many things both good and evil do happen. Lenin said that a true revolutionary is one who has the courage to point out evil things that may have happened during a revolution.

We must tell the younger generation that disrespect for authority might have been useful during the struggle, but not now. Let us tell them about all those things which were evil, but expedient, during the struggle. I do not think that we have been honest enough with our youth.

The saying that we are masters of our own destiny is very true when it comes to the influence of the electronic media. When one looks at some of our TV programmes, one’s mind boggles. Take the Yizo Yizo programme, take the Phat Joe programme, or some of the love Life programmes. Then one asks: Are we serious about moral regeneration?

Malcolm X lamented the fact that things did not go well for the African- Americans, because their actions were written in the wrong currency. We too are making no visible dents in moral regeneration, because - let me suggest

• our actions are written in the wrong currency, hence they bounce. [Applause.]

Ms S D MOTUBATSE-HOUNKPATIN: Madam Speaker, Deputy President, and hon members, today’s debate is about issues which are very close to my heart. Like other speakers, I would like to approach this debate by looking at our historical background, because it would be morally wrong not to remember where we come from.

The formation of the Union of South Africa in 1910, which institutionalised racism in South Africa, had more far-reaching consequences than what the architects of the union envisaged. What this meant was that some people were less human than others. This happened simply because the aggressors did not understand the lifestyles of the local people. Last year our country was given a chance by the United Nations to host a very important conference on racism. This was not by mistake. It happened because South Africa qualified to host this conference, because of the healing process that we have embarked on as a nation. The outcome of the conference was very positive and very clear: that there is only one race - a human race. No matter what colour or creed, we are faced with the same social problems. As the Bible says, we are all created in God’s image.

Two weeks ago we saw another conference in South Africa, on sustainable development. The question is: Can we sustain development without good morals? Morality is the foundation for sustaining human beings, families, societies and the nation as a whole.

In 1994 we had a very important programme, the Reconstruction and Development Programme. But, if members remember, when we identified the social problems that we had, the former President made a statement saying that we needed an RDP of the soul.

I just want to remind hon members who were young in the early Seventies. There was a very lovely song sung by one family, namely the Staple family. In the song, Mavis Staple was asking: Are you sure it is not your concern to see your neighbour’s house is on fire? Are you sure it would be a waste of time for you to show someone who has lost their way the direction?’’ Today we are discussing this moral regeneration because we accept that there is something wrong and, therefore, it is important for us to start acting. It is important for us to know our past, to change the present and to ensure that our future is bright for our children.

Our country has a very progressive Constitution, and in this Constitution we find the Bill of Rights. This Bill of Rights affirms the democratic values of all our people. I tried to read the Bill of Rights, because when I read the law, I use my finger for reading. When I read this, I tried to find a passage which would set individual rights above the rights of others, and there was nothing. In this analogy, I realised it was immoral to protect selfishness through the Constitution and all other ways that can be used. If we take this analogy, we will realise that selfishness, greed, and self-centredness are what drive many people to go astray. It is more because of personal interests that any other reason.

In religion we learn that God is concerned about all, not about individuals. In our cultures, especially if we are to unpack botho, as hon Mpontshane put it, it is concerned about the purpose of the whole, not about individuals. Therefore, I do not find contradictions between our cultures and religion on this matter, because they are concerned about the whole. Therefore, I want to put it very clearly that if we are concerned about God let us not use Him for our selfish purposes, because the nature of God is not of serving self-interests.

Allow me to share my experience of the lovely puppies that my sister had. She had two beautiful dogs which were growing up without having puppies. We were getting worried that they were beautiful, yet we could not get puppies from them. But we realised very late that these dogs respect natural laws. They knew they were a brother and a sister, therefore they were not mating. It is very disturbing to see that human beings have fallen below the animal kingdom. Human beings do not respect natural laws, never mind the laws that we pass in this Parliament. Therefore I think it was correct for the Department of Justice and Constitutional Development to give those aggressors life imprisonment, because they are not worth living with human beings. I am saying this in the case of baby Tshepang, because how could the children trust us, and how could we explain to this child what had happened to her when she grows up? Therefore, I think that as this House we have many challenges, because as parliamentarians we have taken an oath. My understanding of this oath is that we are responsible for cleaning up this society. We must live by example, as the Deputy President has said.

Last weekend I had the chance of interacting with the religious community, and I must say that the outcome of that meeting is very important. Rev Ghomsi and his wife agreed in that workshop that we should be able to promote the concept of peace ambassadors. In other words, we should be examples ourselves. We will work at provincial level with MPLs and councillors, and ensure that we promote good values in whatever we are doing. We, ourselves, should live by example.

The principles underlining this are that we want to strengthen marriage and family, promote moral education for the youth, and have programmes to overcome racial, national, cultural and religious barriers. We think that, through dialogue, this is possible.

Lehono ke boletš e ka polelo ye ya Sejakane, eupša ke kgopela gore pele ke dula fase, ke gopotše batho ba gabo rena gore ka Sepedi re re tloga tloga e tloga kgale, modiša wa kgomo o tšwa natšo šakeng. Ka SeZulu ba fela ba re lugotshwa lusimanzi. Ka gona, bjalo ka batswadi re na le maikarabelo a gore re lokiše bana ba rena gore ba gole ba tseba nnete. Ga ke kgone go kwišiša gore ke ka lebaka la eng re tšhaba bana ba rena re sa ba botse nnete. E ka ba e le ka lebaka la gore rena ga re mehlala e mekaone go bona? Mohlomongwe mekgwa ya rena ke yona e se go ya loka. Ke therešo gore ge ngwana a bone dilo tšeo di tšhošago tšeo o di dirago o le motswadi, o ka se kgone go mo kgala. Ka lona leo ke kgopela gore a re tšwetšeng setšhaba sa gabo rena pele. Lehono mmušo wa rena o aga diholo tša setš haba tše ntši go feta mabenkele a go rekiša bjala ao a agile ke mmušo wa kgethologanyo. Ka tsela yeo, re swanetše go šomiša diholo tšeo tša setšhaba gore mo metseng ya rena go be le bophelo, le batho ba rena ba kgone go boledišana le go agana, gore naga ye ya gabo rena e tle e bolokege. Ke a leboga. [Legoswi.] (Translation of Sepedi paragraphs follows.)

[Today I have spoken in a foreign language. Before I resume my seat, may I remind our people that in Sepedi we say, tloga tloga e tloga kgale, modisa wa kgomo o tswa natso sakeng'' (the early bird catches the fattest worm). In IsiZulu they say lugotshwa lusemanzi’’. So, as parents we have the responsibility to educate our children so that they should know the truth as they grow. I do not understand why we are scared of our children by not telling them the truth. Is it because we are not their real role models? Perhaps our behaviour is not up to standard. It is true that when a child has seen some immoral behaviour from his or her parent or parents one cannot correct him or her. In this regard I want us to ask our nation to continue developing itself.

Today our Government has erected many community halls, rather than the liquor stores built by the apartheid government. Therefore, we should utilise those community halls so that there may be life in our communities, and our people must also consult one another and build one another up so that our country can be safe. [Applause.]] Mr J DURAND: Madam Speaker, in one of her books, Ayn Rand describes how Attila the Hun and the witchdoctors have, over the ages, conspired to oppress people; Attila being government or the warlord and the witches describing the role of the churches.

The history of Africa is chequered with the collusion of European governments and European churches, working together to subjugate our people under the auspices of spreading the gospel and bringing civilisation to the savages of Africa.

It is common knowledge what hardships and inhumane treatment colonialism has brought to Africa. Morality is influenced by the social reality that communities experience. At the heart of moral regeneration is the idea of morality. Our past as Africans was much more than just the denial of political rights and ownership.

Colonialism and apartheid denied us, as Africans, our basic human rights. The organs of state and church were used to dehumanise us. Once proud African warriors were reduced to male servants and childminders. Farmers left their lands and had to go to cities, far away from their families, to scrape for a living, as they existed far below the breadline. Alienation took place at different levels, first, between Africans and Europeans, but also amongst Africans.

Our own society was determined by our adherence to European values and also by our physical resemblance to Europeans. Africans with skin colour or hair texture resembling Europeans’ were thought to be more intelligent and had access to better-paying jobs, which led to further division amongst us. We became the objects of our own oppression, the gatekeepers of colonial masters.

The moral assault on the majority of Africans has made it necessary for us to honestly re-examine our value systems. We need to recreate a shared value system in a country where certain political parties gave their small band of racist supporters hope by claiming that Aids will eventually kill off blacks and they would then establish a supremacist, elitist white government.

The battle for the creation and maintenance of shared values for our society is a long-term challenge and must urgently be dealt with. We came from a deeply divided past as South Africans and we need to unite and work towards the development of a shared future, a vision of a united nation which shares the noble ideas enshrined in our Constitution.

We must heal the divisions of the past and establish a society based on democratic values and fundamental human rights. We must not only demand of Government to respect our rights. There is an obligation on every one of us in this country to respect the rights of their fellow human beings, black and white, men and women, young and old.

The manner in which we managed to prevent a bloody civil war, by negotiating a peaceful settlement, and the fact that there are no large- scale racial conflicts in our country, says that we have the ability to heal the wounds of the past and build a future on the foundations of morality and respect for each other.

Our past was no accident. Our oppression was planned in Europe. A total onslaught on Africa’s people, and its resources was planned and executed by the European states, businesses and church. What we need is a renaissance of morality. We must denounce immorality as a nation. We must search in our own history; ubuntu characterises our value system as Africans. These values have kept us sane and compassionate during our very inhumane and cruel history. We need to build a new way of life: a society that rejects crime, violence and corruption, a society that will, as a matter of urgency, address the needs of the most vulnerable members of our society.

Religious institutions must acknowledge their role during colonialism and apartheid and, also, their silence when they had to speak out and act. They must never forget the awful things to which they were partners. In remembering their transgressions, they should be motivated to assist us, as a nation, to re-establish these values that will lead to moral regeneration.

The African family has always been a source of strength and support. It has been the place where we were taught compassion, where we were taught values based on compassion and respect for ourselves, each other and the community at large.

Unfortunately, migrant labour and other practices of our past have destroyed more families. A process led by the Department of Social Development is under way to develop a family policy. The department could also benefit from examining the best practices internationally. The government of New Zealand has an inter-ministerial committee on strengthening families and there is the US-based fragile family project, as examples that can be used.

There are projects designed to strengthen dysfunctional families. They could also consider funding nongovernmental institutions that can provide appropriate care, keep fathers, who are absent because of divorce or separation, in touch with their children, and other such innovative projects in response to the maladies associated with broken families.

A pilot flagship project could be used to replicate the US-based fragile family initiative in South Africa. Apart from the need to address the problems connected to dysfunctional families, the challenge of developing functional families and other social institutions that are geared to contribute towards generating citizens that can be standard-bearers of the rights enshrined in the Constitution, still remains.

The final two decades of the struggle for democratic rule led to profound changes in the communities. Members of the communities were challenging the authority of community leaders, particularly young members who felt that they were not confronting the system aggressively enough. A negative view developed towards most structures of authority, from the police to traditional leaders, to community leaders and even to heads of families. Into this authority vacuum, which was only partially filled by different levels of political leadership, drifted a range of negative subcultures.

In some communities, negative subcultures have been actively propagated over a period of decades. Social groupings, such as gangs, adopted power and authority within such communities and unleashed a negative morality close to a decade after the advent of the new democracy. The new Government is still dealing with these legacies.

It is a fact that these organised communities without a clear system of authority, ethics of responsibility and mechanisms of accountability, provide opportunities for crime. Negative subcultures that arise in the midst of this disorganisation and economic inequity provide ideologies for crime, and entrenched substance abuse provides a catalyst for crime. [Interjections.] The old criminal justice system was inadequate to rehabilitate offenders, to ensure their reintegration into socially constructive community life and to prevent further sustained cycles of crime, therefore programmes to rediscover community values and to emphasise the positive aspect of these values, need to be located within the nodal structure of the Integrated Sustainable Rural Development Strategy and the Urban Renewal Strategy.

The Department of Provincial and Local Government, assisted by the departments involved in social crime prevention, should be the appropriate location for such a programme. The involvement of civic, traditional and religious leaders should be critical too.

Mr S ABRAM: Mr Chairperson, the Moral Regeneration Summit recognised a number of urgent issues that need addressing. These include the lack of respect for the sanctity of life; the breakdown of parental control of children in families; the lack of respect for authority, seen through the brazen breaking of the law and total disregard for rules and regulations; the abuse of alcohol and drugs; the abuse of women and children and other vulnerable members of society; and the general blurring of the lines between right and wrong.

The hon Deputy President, in his address at the launch, highlighted the need for discussions to focus on the weakening of the family and the changing nature of the family. He recognised that this has contributed to the breakdown of the moral fibre in society.

In support of this statement, he stated that in 1995, 42% of children under the age of seven years were living only with their mothers. Data from the 1996 census further revealed that over 333 000 had untraceable fathers, over 24 000 had untraceable mothers and approximately 99 000 households were headed by children aged from 10 to 17 years of age.

The number of child-headed households is likely to have increased since, due to HIV and Aids. This discourse will briefly consider the role of the family in the teaching of morals as well as look at Parliament and its relationship to the family.

Psychologists such as Eric Ericsson saw the first year of life as an important time, when infants develop a feeling of basic trust or mistrust about the world. According to his theory, there are eight stages of lifelong psychological development, which starts with infancy. Children also learn to make choices and control themselves within the second year. Ericsson states that during the formative years it is up to the parents to channel the child’s impulses into socially acceptable outlets.

The process through which parents and, therefore, the family as well as others in authority channel children’s impulses and teach them skills and rules needed to function in society, is called socialisation. Cultural values and environmental conditions shape this process.

Parenting styles also influence the child’s social and emotional development. Baumriud distinguishes between three parenting or socialisation styles. These are: firstly, the authoritarian parents, who are strict, punitive and unsympathetic - they value obedience and do not encourage independence; secondly, the permissive parents, whose discipline is lax and whose children have complete freedom. Then there are authoritative parents, who reason with their children and encourage give and take.

It was observed that authoritarian parents had children who were unfriendly, distrustful and withdrawn. The children of permissive parents were immature, dependent and unhappy. Children of authoritative parents were friendly, co-operative, self-reliant and socially responsible.

Psychologists such as Colberg have also considered the question of morality. In this regard, research by Colberg has found that the reasons given for moral choices change systematically and consistently with age. Young children would make moral judgments that are different from those of older children, adolescents or adults. For example, it would be typical of children under the age of nine to make moral judgments which tend to be selfish in nature.

Encouraging children and adolescents to higher levels of reasoning can assist in encouraging moral behaviour. However, the development of moral behaviour involves more than abstract knowledge. Real experiences in solving real moral problems also have an impact on development. Children and adolescents need to see consistent models of moral reasoning and behaviour in the actions of their parents, siblings and peers, to encourage moral development. Children and adolescents further need parents to promote moral behaviour through authoritative socialisation.

As seen from the above, parents and families play an important role in socialisation. However, as indicated by Colberg, for children and adolescents to develop higher levels of moral reasoning and moral behaviour, parents need to be consistent and positive role models.

So, whilst the family can be an institution of positive role modelling and moral development, it can also be reasoned that the family is a place where dysfunctional children, adolescents and adults can be developed. [Time expired.]

Nksz M N BUTHELEZI: Mphathisihlalo, Sekela Mongameli namalungu ahloniphekile, ngizothatha leli thuba ngibonge usoTswebhu omKhulu kaKhongolose ngokuthi asinike ithuba lokuthi kube nenkulumompikiswano ngokuhlunyeleliswa kwezimilo ezweni lonkana.

Kofanele singakubalekeli ukuthi ubandlululo lwabamba iqhaza elikhulu kangakanani ekucekeleni phansi izimilo zabantu kuleli. (Translation of Zulu paragraphs follows.)

[Ms M N BUTHELEZI: Chairperson, Deputy President and the hon members, I would like to take this opportunity to thank the ANC Chief Whip for giving us a chance to have a debate on moral regeneration in the country as a whole.

We should not run away from the fact that apartheid played a significant role in tarnishing people’s morals in this country.]

While the cause of moral degeneration can be traced back to political and economic factors, on the other hand, social and structural imperatives cannot be ignored. The latter could have contributed through the institutionalisation of essential commodities such as land, division of labour, ownership of the means of production, distribution of wealth and income, infrastructure, credit facilities, educational and health facilities and advisory services. The former, because of its intricate linkages to the latter, could have contributed to the dislocation of conventional and traditional family structures as well as social values and norms.

Kwakhiwa izimboni zemisebenzi emadolobheni kude nasemakhaya kwase kudingeka ukuthi amadoda emizi ashiye abafazi bencela izithupha, nezingane zaphenduka omntshingo ubethwa ngubani. Ukwakhiwa kwamahostela kwaba yimbangela enkulu yokwehlukaniswa kwemindeni, ngoba abesilisa yibona kuphela ababenelungelo lokusebenza kanti abesifazane babengavunyelwe nokuwubeka umcondo emahostela.

Ngokuhamba kwesikhathi abesifazane nabo base bevunyelwa ukuthi basebenze. Ngaphezu kwalokho, baxhashazwa ngokuthi bakhokhelwe umvuzo ongalingani nabesilisa yize benza umsebenzi olinganayo. Abaqashi babuye babamba iqhaza nabo ngokucekela phansi izimilo zabantu ngokuthi baphoqelele abasebenzi ukuthi basebenze isikhathi esengeziwe. Lokhu kwenza ukuthi imindeni ihlukane phakathi, uthole kuthi abazali abasakwazi ukuhlala nabantwana babo. Okunye-ke wukuthi sekwande ukungahloniphani ezweni. Kukhona abathi uma bebona umuntu wesifazane babone into yokudlwengulwa noma yokushaywa. Komele sazi ukuthi abesifazane bayingxenye yesizwe ngakho bamele ukuthi bahlonishwe.

UMnyango wezobuLungiswa nokuThuthukiswa komThethosisekelo nawo ukhombisile ukuthi le migulukudu engabadlwenguli kumele ingabi yingxenye yomphakathi, ngokunika isigwebo sikadilikajele kumdlwenguli ezinsukwini ezimbalwa ezedlule. (Translation of Zulu paragraphs follows.)

[Industries were built in urban areas far away from homes. Consequently it was necessary that husbands leave their wives and children all alone with nobody looking after them. The construction of hostels was the main cause of family separations, because it was only men who had the right to work while women were not allowed and also they were not allowed to put their foot in the hostels.

As the time went on women were allowed to work. On top of that, they were exploited by not getting paid as much as men did although they were doing the same job. Employers also played a role in tarnishing people’s morals by forcing them to work extra hours. This divided families, and one often finds that parents cannot live with their children anymore. And the other thing is the disrespect that is now prevalent in the communities. There are those that when they see a woman they see a rape or a hitting object. We should know that women are part of the nation, therefore they deserve respect.

The Department of Justice and Constitutional Development has also shown that these hooligans who are rapists do not deserve to be part of the community, by sentencing a rapist to life few days ago.]

I also want to say that prescription of the correct cure is dependent on a rigorous analysis of the reality. On the moral regeneration issue, the reality confronting the nation may be classified as follows: the rapid disintegration of the social fabric with its concomitant consequences, such as abuse of children and the elderly, rampant violence and crime, neglect of the sick and the destitute, and the breaking down of family and society values and norms.

In an effort to rally the nation around this common challenge, the President in this year’s state of the nation address cautioned South African citizens that moral regeneration means inculcating in us and the youth service to the people. Selfless commitment to the common good is more valuable than selfish pursuit of material rewards. Productive investment is more valuable than aimless gambling in markets for derivatives. Payment for honest work is more fulfilling and sustainable than theft. Children and women are there to be respected, not to become targets of abuse.

This cautionary note not only seems to reinforce a call for nation- building, but also evokes an urgent need to revisit the values enshrined in the country’s Constitution and the Bill of Rights. I will mention just a few of these rights: the right to life and personal security, the right to freedom from hunger and poverty and the right to equality of gender.

We need to outline the contribution of the mass media, particularly the electronic media, in promoting moral degeneration or regeneration, and come with proposals on how to deal with challenges upon and ahead of us on moral regeneration.

The electronic media, specifically radio and television, if properly utilised, can serve as the most vital instrument, not only to change the attitudes and mould the values of society, but also for development and moral regeneration. Basekhona-ke abasebenzisa ulimi olunodlame. Thina kule Ndlu komele siqinisekise ukuthi asiyona ingxenye yalabo abasadla ngoludala. Nokho futhi likhona iqhaza elibanjwa ngezokusakaza ngokuhlunyeleliswa kwezimilo nangokubuyisa isithunzi somunutu wase-Afrika, isibonelo: Ngomhla ka-9 Agasti okwakuwusuku lomama, kwavezwa umdlalo othi, -``Neria’’ owawubonisa ukuthi abesifazane bahlukunyezwa kanjani uma befelwe abayeni babo, kanti futhi wabonisa ukuthi kumele bawalwele kanjuani amalungelo abo.

Bakwethu, kuhle sisho ngazwi linye sithi: UKhongolose uyibekile induku ebandla ngokuvuselela ukuhlunyeleliswa kwezimilo kanye nesithunzi somuntu wase-Afrika, ikakhulukazi abesifazane.

Uma singase sibheke, ngubani owayazi ukuthi umzimba ka-Sarah Baartman ungabuyiswa emazweni, agcine esebekwe endlini yakhe yokugcina ngesizotha, ngaphandle kukaHulumeni oholwa nguKhongolose?

Namhlanje sinekomidi elibhekene nemithetho eshaywa kule Ndlu ukuthi yona ngabe ayicwasi yini ngokobulili nanokuthi abesifazane ngabe bayawazi yini amalungelo abo nokuthi bayafundiswa yini ngawo. Ngisho lapha ikomidi le- Improvenment of Life and Status of Women. Sinesigungu ngaphansi komNyango wezaseKhaya esicwaninga ngamafilimu ukuthi ngabe afanele yini ukuvezwa kumabonakude noma qha. Leyo-ke yi-Film and Publications Board.

Sengigcina, kuzomele sisebenze kanzima nangokuzimisela nokuzinikela ukwakha isizwe esiyiso nesizihloniphayo, ikakhulukazi ekuvuseleleni imindeni yethu ngothando ukuze abantwana bethu bakhule ngobuqotho nangenhlonipho. Asingafani-ke ne-DP sibe yiziphungumangatha zona ezingazi ukuthi zisuka kuphi ziya kuphi; ushilo umhlonishwa u-Opperman.

Thina njengabantu besifazane kufanele sibambe iqhaza lokwakha lesi sizwe, ikakhulukazi kubantwana bethu. Ngonyaka ka-1956 sakwazi ukulwisana nokuphathwa kwamabhasi saphumelela ngoba sasibambisene. Yini-ke engasehlula namhlanje? Ngisho incwadi engcwele iyasivumela, ithi: Umfazi ohlakaniphileyo uyayakha indlu yakhe, kepha oyisiwula uyayibhidliza ngezandla zakhe.

Sisonke sibambisene siyophumelela. (Translation of Zulu paragraphs follows.)

[There are those who still use violent language. We in this House should make sure that we are not part of those who are still using an old system. However, the media is also playing a role by talking about moral regeneration and dignity restoration of an African. For example, on August 9 which was Women’s Day, a drama called ``Neria,’’ was shown on TV which showed how women are abused when their husbands have died. It also showed how they should fight for their rights. Hon members, we must say in one voice that the ANC has made a profound contribution towards the moral regeneration and restoration of dignity of an African, women in particular.

If we could just think for a moment, who would have thought that Sarah Bartman’s body could be brought back from abroad, and ultimately be put in her final resting place in a dignified manner if it were not for the ANC- led Government?

Today we have a committee which looks into laws that are made in this House to see whether they do not discriminate in terms of gender and that women know their rights and also that they are taught about them. I am talking about the Improvement of Life Status of Women committee. We have a council under the auspices of the Department of Home Affairs which examines films to see whether they should be shown on television or not, and it is called the Film and Publications Board.

In conclusion, we must work hard, with determination and dedication in order to build a true nation that has self-respect, particularly in reviving our families with love so that our children grow up with sincerity and respect. Let us not be like the DP and become chrysalises who do not know where they come from and where they are going to; so said hon Opperman.

We as women should play a role in building this nation, our children in particular. In 1956 we were able to fight against pass laws and we succeeded because we were one. So what can stand in our way today? Even the Holy Book agrees with us. It says that a wise woman builds her house, but a stupid one destroys it with her own hands.

By all of us working together we will succeed.]

Mrs C DUDLEY: Chairperson and Deputy President, moral regeneration sounds good, but what exactly do we mean? Biblical morality, for example, is diametrically opposed to the morality which is diligently promoted in South Africa.

Humanism now dictates the new South African and new world order. This new order does not seek to restrain and punish evil and to protect good, but seeks to change and reform mankind through laws and policies which, they say, will free us from every evil. The Equality Act, for example, designed to free us from prejudice, entrenches homosexual rights and renders Christians guilty before equality courts for simply quoting the Bible. Poverty, on the other hand, has been addressed globally through population control conventions which South Africa is party to, resulting in measures like CTOP which today has provided for the legal abortion of 230 000 unborn South African babies and pressure on health workers to participate in abortions against their will.

I would like to tell the hon Deputy President that this is a lack of respect for life. Indeed, hon Dorothy, why should our children trust us? HIV/Aids also conveniently contributes to population control, and natural health and antiretrovirals are obviously a spoke in the wheel, while starvation due to land grabs also proved useful in reducing numbers in Africa and ensuring dependency. The gambling and lotteries Act is an ingenious way to divert attention and ensure no real solutions to the curse of poverty.

Solutions to health issues are also very interesting. A euthanasia Bill hovers in the wings ready to help people to choose to end their lives - an innovative solution to old age, Aids, disability and other ailments.

Presently though, abortion, oral sex, masturbation, homosexual lifestyles and condoms pose as life savers, but, in fact, are designed to achieve population targets.

I would like to tell the Deputy President that with regard to moral regeneration this is just the tip of the iceberg. Now anyone, like myself, who opposes the humanist in this plan of salvation by law and liberal policies, is by their definition an evil person conspiring against the good of society. We should not be deceived. Moral regeneration is a smoke screen. It is simply a call for more freedom to sell and use pornography in spite of rape statistics, legalisation and decriminalisation of prostitution, deconstruction of marriage and family, more homosexual rights, sex tourism, condoms, and blatant advertising of licentious sex.

Health workers are forced against their will to violently remove tiny unborn babies from their mothers’ wombs and carry their little bodies to incinerators, there is more freedom to gamble, no discipline for children who apparently are just naturally going to get the urge to do what is right and of course more protection for criminals and definitely no punishment. These are all rights protected under the Constitution and fiercely defended by politicians in the ANC, the DA and most other parties despite the disastrous consequences to family and society. Now then, how do we transform a society that demands every decadent freedom but despairs at the resulting chaos and destruction those freedoms inevitably bring?

This is a society which has bought the lie that the very laws, policies and behaviour that have morally bankrupted society will save it.

The DEPUTY CHAIRPERSON OF COMMITTEES: Hon member, your time has expired.

Mrs C DUDLEY: Chairperson, at this point I will protest the ridiculous silencing that small parties have to handle in terms of the three minutes. [Interjections.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Hon member, your time has expired.

Mrs C DUDLEY: Chairperson, it is ridiculous. What can be said on this important subject in three minutes? [Interjections.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order!

Mrs C DUDLEY: Chairperson, what can be said in three minutes? It is a life and death issue. [Interjections.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order!

Mrs C DUDLEY: Chairperson, it amounts to a silencing of any other voice. [Interjections.] [Time expired.]

Mnr P J GROENEWALD: Mnr die Voorsitter, ons is besig met ‘n debat oor morele vernuwing om die sedelike karakter van die samelewing te herstel. As ons so ‘n debat voer, dan moet ons ook ons hand in eie boesem steek. Die vraag kan met reg gevra word: Is ons besig met morele vernuwing in die Parlement as ons ‘n aborsiewet goedkeur, waar ‘n veertienjarige kind kan besluit oor lewe en dood? Is ons besig met morele vernuwing as die Parlement ‘n dobbelwet goedkeur, waar gesinne aan die einde van die dag honger ly omdat daar nie geld is nie?

Ons kan ook vir dié Parlement vra: Is ons besig met morele vernuwing as die Regering kondome uitdeel om vigs te bekamp? Of ons dit wil weet of nie: Die grootste oorsaak vir die verspreiding van vigs is ‘n gedragsprobleem ‘n gedrag wat sekerlik nie getuig van hoë morele waardes nie. Ons kan nie hier kom en soos ‘n Pontius Pilatus ons hande in onskuld was en sê: Dis die vrye keuse van die individu nie. (Translation of Afrikaans paragraphs follows.)

[Mr P J GROENEWALD: Mr Chairperson, we are busy with a debate on moral regeneration to restore the moral character of our society. If we are having this debate then we should search our own hearts. The question can rightly be asked: Are we dealing with moral regeneration in Parliament when we approve an abortion Act, where a fourteen-year-old child can decide on issues of life and death? Are we dealing with moral regeneration when Parliament approves a gambling Act, where families at the end of the day go hungry because there is no money?

We can also ask this Parliament: Are we dealing with moral regeneration when the Government hands out condoms to fight Aids? Whether we want to know it or not: the biggest cause of the spreading of Aids is a behavioural problem, a behaviour which surely does not attest of high moral values. We cannot come here like Pontius Pilatus and wash our hands and say: It is the free choice of the individual.]

I want to say it loud and clear. Parliament cannot call on South Africans to work together to restore the social fabric if Parliament itself approves legislation such as the Abortion Act which promotes moral degeneration.

Een van die grootste oorsake van morele verval is die gebrek aan dissipline. Waar dissipline ontbreek, moet elke ouer hom of haar afvra: Wat is hulle aandeel hieraan? Is ons nie besig om ons plig te verskuif na ons skole toe nie? Ouers is in die laaste tyd te geneig om te dink die verantwoordelikheid van dissipline berus by die skole. Dissipline kweek respek - respek vir jouself, vir jou ouers, jou broers en susters en familie. Dissipline kweek respek vir ander mense. Dit kweek respek vir eiendom en dit kweek respek vir ander kulture. As ons gedissiplineerde mense het, dan ontstaan wedersydse respek en wedersydse respek bring morele vernuwing. (Translation of Afrikaans paragraph follows.)

[One of the greatest causes of moral decline is the lack of discipline. Where discipline is lacking, every parent should ask him or herself the question: What is their part in this? Are we not busy shifting our responsibilities to the schools? Parents, of late, are inclined to think that responsibility for discipline rests with the schools. Discipline cultivates respect - respect for yourself, for your parents, your brothers and sisters and family. Discipline cultivates respect for other people. It cultivates respect for property and it cultivates respect for other cultures. If we have disciplined people, then mutual respect will exist and mutual respect brings moral regeneration.]

Mrs M A SEECO: Chairperson, we live in a period that Charles Dickens would have called ``the best of times and the worst of times.’’ It is the best of times because of the freedom we enjoy, and the worst of times because of the price we pay because of the vices besetting society.

Corruption, theft, crime and poor morality are some of the main features of the social landscape. Most people in Government and other offices of responsibility want to gain wealth so fast that they have no time to enjoy their lucrative remunerations. They go on to stick their spindly fingers into public funds. Some kill, steal, rape and abduct to please their flesh.

Most of these ills, such as nonpayment for services, defiance of authority and disruption of classes were hailed as acts of bravery. They are acts we should live to regret.

We call all those who stood on the rooftops calling for people to disregard authority then to stand up and be loud in saying to the nation: ``We were wrong. No two wrongs make a right’’.

We call all people to make a fresh start in moral regeneration. We should inculcate a culture of respect. The young should respect the elderly and, likewise, the old should show regard for the young. Those in power should have an ear for the minority. The rich should share with the poor. Those who live in the leafy suburbs should know that there are those who live in abject poverty who should be given a thought. We call on people to read Exodus chapter 20 so that they may be able to improve on their morals.

Motho ke motho ka batho ba bangwe. Batho ba tshwanetse go tlotlana, go ratana, go itshokelana, le go dira ditiro tsa bone ka botswapelo. A bana ba itse fa go tshosetsa batho go sa age morafe. A bangwe ba ba rileng ba tlogele go dirisa dikgoka.

A ke khutlise ka go ikuela mo go botlhe gore re amogele gore ngwana sejo o a tlhakanelwa. A batho ba itse gore motho le setho ke eng Re tshela mo matsatsing e batho ba neetseng ntswa tlhong fela ga se bokhutlo ba lefatshe. (Translation of Setswana paragraphs follows.)

[A person is a person through other people. People should respect one another, love one another, tolerate one another, and do their work wholeheartedly. Children should be made aware that threatening others does not build a community. People should refrain from using force.

Let me conclude by appealing to everyone that a child’s upbringing is the responsibility of all adults. Do people know what a person and humanity are? We live in times when people do not care for each other, but this is not the end of the world.]

Dr M S MOGOBA: Chairperson, a great nation, victorious at war, can be brought down by the collapse of its moral life. This is a silent war which is, nevertheless, devastating. As a nation, we in South Africa, despite our historic handicaps, are numbered among the potentially great countries of the world.

Our victory over the apartheid time-bomb and, particularly, the use of peaceful negotiations to avert the inevitable bloodbath have raised our standing in the eyes of the world. The success of this recent World Summit on Sustainable Development is in part due to this moral high ground on which we were placed.

That, however, should not lull us into a false sense of security. We are in many ways a sick society - a society where crime is rampant, cars are hijacked, people are killed in the safety of their homes, and women and children are raped and brutalised.

Where, one might ask, did we go wrong? The problem came in the transition to the new democratic dispensation. In the excitement of the change, the voice of the church was dulled. Religious values were given a back seat. The pendulum swung swiftly in the opposite direction. The place of the Almighty God appeared to have been undermined. As one travels around the country, people are complaining that our Constitution removed the honour given to God and that we do not even open our sessions of Parliament with prayer.

The Bill of Rights, in itself a document of a high standard, emphasised the rights of all citizens without an equal stress on the responsibilities of the citizens. We created the impression that we were an ultra-liberal state out to out-liberal the older liberal states of the world. The speed at which we churned out laws on prostitution, abortion and sexual orientation betrayed the presence of an invisible lobby. I am not saying that we should not have given attention to these matters, but surely they were not priority matters. Our priority was abolishing apartheid and racial discrimination with all its vicious socioeconomic tentacles - landlessness, joblessness, homelessness, waterlessness and energylessness.

Capital punishment that was a tool of oppression claiming thousands of liberation forces had to be done away with, but not before we had established a balanced post-apartheid society in which respect for law and order and for the rights of others was firmly established. Our repeal of capital punishment gave the impression of a laissez-faire society. This was clearly not intended, but nevertheless became a grim reality.

We now need to slow down our pace … [Time expired.]

The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Chairperson and hon members, I am going to start this input this afternoon a little bit differently and make a reference to a book that I was encouraged to read by an official, Ruan Kitshoff, in the Department for the Public Service and Administration who is focusing on the anticorruption thrust. He felt that it was something to read because it dealt with a little village where there were various players looking at issues including a particular arms industrialist who was clearly persecuted by his painful past.

Listening to the debate today - and I must say that the author of this book is a Brazilian called Paulo Coelho - it is very clear that there are some members in this House who are haunted by a past that they cannot even confront today. They then use this podium even to take issue during this kind of debate on why they have such a small number of votes and hence do not want to subscribe to the kind of framework that has been set down in this Parliament to deal with the issue of fairness and to allow participation. The kind of people who are willing to stand on roofs and make noises and misleadÿ.ÿ.ÿ. [Interjections.]

The CHAIRPERSON OF COMMITTEES: Order! Hon Minister, there is a point of order.

Mrs C DUDLEY: Chairperson, is the Minister willing to take a question?

The MINISTER: Chairperson, I will take a question at the end of my input if there is still time.

The book I am referring to is called The Devil and Miss Prym. I suggest that some members should go and read it, they may relate to it. It is set in a small village of 281 inhabitants. In essence the story is about this persecuted arms industrialist who comes to the village and tempts the villagers to commit a murder in return for some gold bars. It is enough to make the village rich for years to come, and the industrialist has the assumption that all persons are evil or, differently put, all mankind is the instrument of evil. It takes a few inhabitants of the village to resist the temptation to kill for gold and eventually the dark deed is averted.

It really takes the action of a simple barmaid to avert the greed of the villagers translating into a bigger evil. Quite simply put, it is for too simplistic for the current situation that we confront, but let us look at the relevance of this story in terms of how it presents self-centred people and raises questions about the powerful role of the church in communities and how this can be abused. I want to emphasise the abuse of it, because we also have different presentations here today with different interpretations of religion and the church.

It goes further in how it reflects on the context of the church interpreting reality to simple folks in an attempt to shape the behaviour of people. Let us come to the temptation of gold to the village and our reality in the country, particularly the Public Service.

Just like this industrialist, who assumes that all people are evil, a perception exists that all of the Public Service and all public officials are lazy and corrupt. Just like the persecuted industrialist in this story, it is many of the rich or developed countries and multinationals that come and exploit the natural resources and the poverty of our continent and in the process offer wealth in return for corrupt behaviour; in fact, encourage corrupt behaviour. Remember, it is a persecuted businessman doing that.

Just like the businessman tries to bribe the villagers to commit the murder, increasingly businesses both globally and locally try, and even your average citizen tries, to seek to exploit our employees by offering some wealth in return for preferential treatment. In the story, the murder was averted by the intervention of an ordinary woman, a barmaid in this instance. She would probably have been declared a sinner by the likes of hon Dudley, but she averted this. She was the youngest person of the village, and it shows that we need everyone, young or old, in leadership or not, to act against corrupt behaviour and moral degeneration. We do not need the kind of negativity we have seen here this afternoon, that says hang, hang; kill, kill; cut, cut; chop, chop and you will solve the problem. It does not work that way. That is much too simple. It happens elsewhere; it does not happen in the real world and this can be checked.

Let me share with members this afternoon the contribution I think the Public Service is making, can make, should make, in the fight against corruption and how it will contribute towards moral regeneration. Mind you, all of us need to play a role, there is no room for spectators. It is not Minister Balfour’s matches where he needs the spectators; it needs participants.

The basic values and principles of public administration are set out in chapter 10 of our Constitution. The first mentioned is ``A high standard of professional ethics must be promoted and maintained.’’ Contrary to the often narrow interpretation applied to mean noncorrupt behaviour, our interpretation of professional ethics must be broader.

An ethical organisation is one that treats its customers with compassion and selflessness where people really come first, that is, Batho Pele; uses its own and the country’s human, natural and cultural resources efficiently, effectively, and sustainably; remains accountable for its action and transparent in its working; internally provides its employees with a supportive, just, fair, safe, and developmental environment, and sets standards for behaviour and does not tolerate the transgression of standards even if we may wish for more talking time. Let us look at the standards we set.

The Ministry of Public Service, with the support of some donors, commissioned research on the prevalence of corruption within public administration and businesses. The finding of this research will be released later this year as a corruption country assessment report. We are targeting its release for October 2002.

Let me provide this House with a teaser or an indication of what is to come when the report is released. Of the clients surveyed, more that 75% think that the service they received from the Public Service was either good or very good. Generally, 89% of the clients surveyed feel they received honest, reliable and sensitive service, though over 20% complained that the service was provided too slowly. Whilst the majority of respondents perceive public servants as corrupt, surprisingly low levels of the experience of corruption exist, and this we will reveal with the report when it becomes known.

No matter how low the actual experience of corruption in the Public Service, any act of corruption is an act too many. Clearly, the majority of our public servants are honest and caring service providers, but we all know the old adage about a few rotten apples spoiling the box. These rotten apples are being weeded out. They have no place in the ethical organisation.

Each and every one of us in this House and members in the broader South African society must help us with the weeding out. They need to expose the problems where they are, and not just anecdotally when they choose to, but with the concrete experiences that they are confronted with on a daily basis.

We have put in place the required frameworks that support our aim to develop the Public Service into a model ethical organisation. To mention a few, we have a progressive code of conduct; we have transparent and fair appointment and procurement processes; we require the disclosure of financial interest by our managers; we have a progressive disciplinary system; we apply performance management and in general we pay fair wages and require fair working organisations; we are still battling with instilling a culture of self-development within supportive organisations; we constantly review our systems and regulatory frameworks to improve where we can; we spend ernormous amounts on training and awareness, and generally we develop the notion of a public service as opposed to public employment, or ``a job is a job’’. We want to move away from that.

Even with all the good systems in place, we find that employees behave in unethical ways, which may be to deliver a poor service to a citizen. We find unreasonably long delays in replying to correspondents. We find instances where public servants try to extract bribes. Thus, in spite of all our efforts, we cannot attain the ideal ethical organisation, and this begs the question: What more shall we do?

What is patently clear by now is that we cannot divorce the attitudes and behaviours of our Public Service employees from the attitudes and behaviour of society in general.

This brings out the second reality. In order to change the attitudes and behaviour of Public Service employees, we need to change the attitude and behaviour of South African society as a whole. Then there emerges a third reality, namely that Public Service employees, by virtue of their numbers and the visible responsibilities that they act out in society are ideally placed to serve as a catalyst towards changing attitudes and behaviour to the good of our country.

In the words and thoughts of the Greek philosopher Aristotle the Polis, or city state, represents an ideal environment for human self-fulfilment, at least for those who are deemed to be the citizens rather than the slave. It constitutes the best laboratory for both personal growth and the exercise of virtue, because in city states that are properly structured, unlike despotic empires, men learn to command as well as to obey, they practice rule and self-rule. [Time expired.] [Applause.]

Mr M F CASSIM: Chairperson, that this debate on this moral subject is taking place, is in itself a significant moral achievement for our country, and for our politics. It demonstrates a ready willingness within our political dispensation to keep morality in clear and steady focus. This has to be applauded even as we applaud the Minister for the Public Service and Administration for wanting to release details of the countrywide survey on corruption, and the other steps that she and her department are taking.

Having said that, I wish to explore whether we are indeed translating words into actions. Internationally South African politics still occupy some moral high ground. We are therefore accorded UN and other important conferences. This unique moral capital that we have built up, and which we have accumulated, must be banked and wisely invested. It is a very scarce commodity in world politics. It is precious and therefore must not be frittered away.

We must accordingly continue to infuse morality into our politics. We as the makers of law cannot be breakers of that law. Therefore it follows that MPs, directors-general, and other senior personages in politics, pay a very harsh price when they come under the least suspicion. Like Caesar’s wife, as the saying goes, we as politicians have to be beyond suspicion. Yet it is within the structures of the state, and especially during procurement and the tender process that a great deal of corruption occurs.

The hon Deputy President dealt with the problem in the private sector, and therefore I will not go into that. But there, as in the state, we need to watch this. An investigation is presently under way in Gauteng, for example, where R40 million odd was paid to developers, but only four or five houses stand where rows and rows of houses ought to have been.

The Road Accident Fund, the medical aid funds and every other fund in this country are eroded by certain professionals who have become out-and-out fraudsters. The circumstances of the death of Colin Govender in Phoenix have raised very serious allegations against the police, and this has to be investigated speedily. Inflated and fraudulently charged fees are to certain professionals and their sidekicks what honey is to bees.

The Jali Commission is also helping us gauge the extent of the malignant cancer that has spread through many of our institutions. The question of right and wrong is central to any consideration of morality and ethics, as the hon the Minister was saying a moment ago. Within this compass we must also then consider the correctness of delaying permission for Swiss funds to be employed in the combating of HIV/aids in KwaZulu-Natal.

A gigantic human tragedy is unfolding there right before our eyes, yet, as we learn from history, as the Emperor Nero was playing the fiddle while Rome was burning, here too the Minister of Health is temporising while a very serious national crisis is unfolding. The issue of the Swiss aid is no longer a political issue, it is now squarely a moral issue.

Another political issue which has become a moral issue is that of people like colleagues Mike Tarr and Maurice McKenzie who, unilaterally, dumped those who sent them to Parliament and went elsewhere. Though it might have been, and might still be politically permissible, it is morally reprehensible. Also morally reprehensible is the wide use of sheer brutality as witnessed over the last week in Newcastle, Peddie and Cape Town, as different speakers have outlined.

The sheer inhumanity of our fellow beings is beyond comprehension. It is clear that we cannot yet abandon the effort at achieving greater reconciliation among the races. The charges of high treason against certain citizens show also that the bullet and not the ballot is still the preferred mode to bring about political change. That cannot be.

Moral regeneration is not merely an issue of intellectual enquiry, it is really the vehicle via which we can negotiate and secure the future. At present, as a society, we have come some distance politically; morally we are indeed still very short, and therefore we need to find it in our hearts to rise above our limitations and to move out of the twilight world where darkness is still not very dark, and the light is not getting any brighter. This is the twilight zone that we must move out of, into the bright sunlight of morality. Mnr C AUCAMP: Geagte Voorsitter, wanneer ons praat van die morele herlewing in Suid-Afrika, is ‘n mens net geneig om te dink aan ‘n negemaande-oue baba wat verkrag word of ‘n man wat vir sy selfoon vermoor word of aan motorkapers en bankrowers. Dan is dit maklik om te praat, want die probleem is daar ver. Ons moet egter wyer dink. Ons moet dink aan reuse piramideskemas wat soos paddastoele verrys om ons mense uit te buit. Ons moet ook dink aan ‘n publiek wat wil maai waar hulle nie gesaai het nie en so maklik daarvoor val. Ons dink aan ‘n totale afwesigheid van ‘n gesonde werksetiek. Ons dink aan die gebrek aan ‘n sosiale gewete. Niemand kan eenkant staan, wanneer hierdie onderwerp ter sprake kom nie.

Nou ontstaan die vraag dadelik: Wat is die taak van die owerheid? Wat is die taak van hierdie Huis? Wat is ons taak as openbare verteenwoordigers? In die verlede het die staat verkeerdelik self die rol opgeneem van wagter op Sionsmure. Die staat het besluit wat is goed om te lees, te kyk en te hoor.

Die primêre taak van die staat is egter die volgende: Om deur die handhawing van wet en orde sorg te dra dat kriminele dade nie ongestraf mag bly nie. In die opsig moet die leemtes en die agterstande in ons kriminele regstelsel dringend aangespreek word.

Tweedens, moet ons self ‘n voorbeeld stel van skoon administrasie, hoë etiese waardes en om korrupsie uit te wis. In dié opsig skiet die Regering ver te kort, veral op plaaslike vlak.

In die derde plek, moet die wetgewing ook getoets word aan die eise van moraliteit. Hoe kan ons respek vir lewe verwag as ongebore babas in hul honderdduisende binne die raamwerk van die wet vermoor word net omdat hulle onwelkom is? As die staat sy welsyn befonds met dobbelgeld en as oorweeg word om die oudste beroep in die wêreld te wettig?

Vierdens moet daar lewensomstandighede geskep word waarin die gesin as kern van die samelewing eerbiedig word en ouers in die posisie gestel word om hul kinders op te voed, te dissiplineer en te laat opvoed. Vyfdens, om werklik ruimte te skep vir die instelling van die burgerlike samelewing om ongehinderd te funksioneer. Hier dink ons by uitstek aan die kerk. (Translation of Afrikaans paragraphs follows.)

[Mr C AUCAMP: Hon Chairperson, when we speak of moral regeneration in South Africa, one tends to only think of a nine-month-old baby that has been raped or a man who was murdered for his cellphone, or of hijackers and bankrobbers. Then it is comfortable to talk about it, because the problem is removed. However, we must think more broadly. We must think of huge pyramid schemes springing up like mushrooms exploiting our people. We must also think of the public who wants to reap where they did not sow, and so easily falls for such schemes. We must think of a complete absence of sound work ethics. We think of the lack of a social conscience. No one can stand aside when this subject is raised.

Now the question immediately arises: What is the task of the Government? What is the task of this House? What is our task as public representatives? In the past the state wrongly assumed the role of guardian of the sacred walls. The state decided what was proper to read, to watch and to listen to.

The primary task of the state, however, is the following: To see to it, with the enforcement of law and order, that criminal acts may not remain unpunished. In this respect, the gaps and the backlogs of our criminal justice system must be urgently addressed.

Secondly, we must ourselves set an example of fair administration, high ethical values and eradicating corruption. On this count the Government has fallen short, especially at local level.

In the third place, the legislation should also be tested on requirements of morality. How can we expect respect for life when unborn babies are murdered in their hundred and thousands are murdered within the framework of the law, only because they are unwelcome? When the state finances its welfare with gambling money, and when it is considering to legalise the oldest profession in the world?

Fourthly, living conditions should be created in which the family, as nucleus of this society, is honoured and parents are placed in a position to raise their children, discipline them and have them educated. Fifthly, to truly create space for institutions of civil society to function unhindered. Here we think, in particular, of the church.]

In this regard the church has a pivotal role to play. May I assure the hon Chairperson that a mere general preaching of generally accepted human values is not enough. That remains moralising. No, people do find their anchors in a specific religion, with its specific belief, rituals, ceremonies, and, above all, a personal, vertical relationship - not with an unknown, general God.

Therefore the AEB will always combat an education system which teaches our children a vague, general type of human rights religion, instead of anchoring them in the specific religion inherited and taught to them by their parents.

Neem kennis: Breë, algemene, grootste gemene delergodsdiens kan goed klink vir vrede en harmonie, maar dis leeg en hol en kragteloos en geen bron vir ‘n nuwe lewe nie. (Translation of Afrikaans paragraph follows.)

[Take note: Broad, general, greatest common denominator religion can sound good for peace and harmony, but it is empty ad hollow and powerless, and no source for a new life.]

The AEB appreciates the prominent place which especially the Deputy President gives to the whole issue of the moral fibre of our country. Let us as Government perform our responsibility and, at the same time, create a framework for a free society where every role-player can perform their duty unhindered.

Mr R S NTULI: Chairperson, hon members, there is no argument that South Africa’s morals are slipping to an all-time low level. Can we - that may be the crucial question - as a nation change this rampant, wayward behaviour? Yes, it is possible if we mobilise our people, our institutions, churches, civil organisations, industries and, above all, our institutions of learning, and, of course, offer strong, innovative leadership.

The media should be our leading advocacy instrument. Much has been said about the South African Broadcasting Corporation screening morally unacceptable programmes. Although black people manage the SABC programmes, the content and culture of this public broadcaster bear little relationship to us. In a sense we are subjected to American cultural imperialism. This must come to an end. The SABC must reflect our African culture and value systems, like humanism, generosity and a caring attitude.

Wanting to change behaviour for the better is not enough. Many sincere efforts fail because people need skills and idealism to change ingrained attitudes and practices. We have seen a reflection of this today. People are better disposed to change their behavioural patterns when they begin to feel deeply that change is for their own benefit. The evildoers must discover that their opinions do not protect their interest in the medium- term and long-term as well as they thought.

We need to provide the necessary motivation in that context through more effective advocacy, and through forms of counselling and rehabilitation. The conscience of the nation must be stirred until it is extremely challenging and distressing to be a wayward person. It is therefore necessary to communicate to all and sundry the desperation and distress of all those who suffer. Wrongdoers must wince because of the knowledge that society rejects their evil deeds.

We must encourage and allow the release of energy, tension, frustration and disagreement within the bounds of the law. This may seem to disturb the harmony that we want to achieve, but it is often a necessary step in enabling people to change. When people consciously try to deal with the causes of their dissatisfaction, it can prompt them to change for the better. In order to restore the moral fibre of our society, we submit, each community or region should focus on clear, achievable goals.

Idealistic assaults to change everything overnight will achieve nothing. Each community or government sector, as the Minister has indicated, should focus on topical goals for moral regeneration, which affect people’s interests and concerns. For example, making peace in the Cape Flats, stamping out car thefts and hijacking in Gauteng, and eradicating corruption and fraud in Government and in the corporate world. We should focus on simple but achievable objectives.

We should select tasks which are within our scope, which can be started now, and where we can expect some measurable success. We have to accept that building a new social fabric in a society so brutalised and dehumanised by crime will be a slow, time-consuming process. Furthermore, building a culture of respect for human rights, given our sad legacy and history, will need concerted efforts from all of us.

In conclusion, we have to erect a ladder in our minds and progress step by step in rebuilding a new, morally upright South Africa. When we make mistakes, we must pick one another up, dust ourselves off, and move on to a better South Africa, for this is a moral war that we dare not lose. Indeed, I believe we shall succeed, because a critical mass of people in our country want a restoration of the lost moral fibre.

Finally, change happens when people from many sectors are locked in a common purpose, when they will not accept the way things are anymore, and when they are committed to a common vision driven by them. I submit that the time has come for us all to embark on the path of moral regeneration. [Applause.]

Mnr J P I BLANCHÉ: Mnr die Voorsitter, die Regering, en by name die adjunk- president, het hierdie spitskonferensie oor morele herwinning byeengeroep. Dit is hartseer dat, nadat hy sy toespraak gemaak het, daar nie een lid van die Regering in die banke van hierdie Parlement sit nie. Net ons moet daaroor praat.

Die FA verwelkom hierdie debat, want die tempo waarteen morele standaarde in Suid-Afrika aangeval word, is skrikwekkend. Dit moet gestuit word. Dit sal verwaand wees om vanaf die Parlement se banke, of vanaf die regeringsbanke, die kerkleiers hovaardige opdragte te gee om leiding te neem nadat hierdie Parlement besluit het om nie langer sy dagsessies met gebed te open nie, of nadat ons besluit het dat godsdiensonderrig nie deel van ons skoolkurrikulum mag wees nie.

Ons moet godsdiensleiers en die jeug bemagtig as ons hierdie geveg wil wen. [Tussenwerpsels.] As ons glo dat kerkleiers ‘n leidende rol in die morele oplewingsproses moet speel, moet ons kerklidmate se bydraes belastingvry maak. Ons moet dan die opleiding van teologiese studente asook dié van welsynswerkers op een of ander wyse subsideer.

As dit ons erns is om ouers te bemagtig om hulle kinders morele waardestelsels te leer, moet ons die elektroniese media aanspreek om die uitsending van radio- en televisiemateriaal beter te reguleer. (Translation of Afrikaans paragraphs follows.)

[Mr J P I BLANCHÉ: Mr Chairperson, the Government, and the Deputy President by name, have convened this snap meeting about moral regeneration. It is sad that, having given his speech, there is not a single member of the Government sitting in the benches of this Parliament. We alone have to talk about it.

The FA welcomes this debate, because the rate at which moral standards are being attacked in South Africa is alarming. This must be stopped. It would be presumptious to arrogantly give the church leaders instructions to take the lead, from Parliament’s benches, or from the benches of Government, after this Parliament decided to no longer open its daily sessions in prayer, or after we decided that religious instruction should no longer be part of our school curriculum.

We have to empower religious leaders and the youth if we want to win this battle. [Interjections.] If we believe that church leaders have to play a leading role in the process of moral rejuvenation, we have to make church members’ contributions tax-free. We must then also subsidise the training of theology students as well as that of welfare workers in some or other way.

If we are serious about empowering parents to teach their children moral value systems, we have to address the electronic media to better regulate the broadcasting of radio and television material.]

Government has a policy which says: The polluter pays. If one pollutes the water, air or the environment, one pays. Why can we not develop a similar policy for radio and television? We should make them pay for the type of broadcasting they sometimes send out to our children. Why do we allow them to pollute our children’s home environment?

Daarmee wil ek nie sensuur voorstel nie. Ek sê net hulle moet ekstra betaal as hulle op hierdie manier in my huis wil inkom.

Sou parlementslede leiding wou neem in hierdie veldtog, moet dit nie gesien word as sou hulle hulself wou verskoon nie. Die politieke partye moet leiding gee. (Translation of Afrikaans paragraphs follows.)

[By that I do not want to propose censorship. I am simply saying that they must pay extra if they want to enter my house in that way.

If members of Parliament want to take the lead in this campaign, they should not be seen as wanting to excuse themselves. The political parties must take the lead.] When a member of Parliament seldom or never turns up to attend plenary or committee sessions, we must suspend her membership of Parliament. If there is a male who does it, we must suspend his membership. Taxpayers’ money must not be wasted like that. It is morally wrong and indefensible.

Bishop Tutu the other day told students never to stop asking questions: about Zimbabwe, about the arms deal, about HIV, etc. He urged them to do so, because as a role model he wants them to fight for higher moral standards to promote ubuntu. He is right!

President Nelson Mandela does the same. His life story proves that he is a man with high moral standards … The DEPUTY CHAIRPERSON OF COMMITTEES: Hon member, your speaking time has expired.

Mr J P I BLANCHÉ: Chairperson, can I conclude? If we agree that a politician may lie now and then, we lower the moral standards which our children expect us to live by.

Mr E M SIGWELA: Chair, I do not know whether, after this, I should just deliver a sermon. I do not know if the Deputy President agrees. I know my bishop sitting there, Bishop Mogoba, will agree.

Delivering his opening address at the launch of the Moral Regeneration Movement at 60 Squadron hangar near Pretoria in April this year, our Deputy President said, among other things, the summit should: firstly, provide an opportunity to diagnose the past and present state of the moral crisis in South Africa; secondly, reflect on strategies and measures to reconstruct the social values of the new democratic South Africa; thirdly, facilitate the evolution of a dynamic mass movement to help and support the government- civil-society initiative in planning an effective programme of action for the moral renewal of our society; fourthly, design a vigorous programme of action for a sustainable moral regeneration campaign; fifthly, promote national advocacy for the creation of an ethical, caring and corruption- free society, and sixthly and lastly, strengthen the foundation of our hard- won freedom and democracy by building a strong moral society based on a common code of ethics and behaviour.

I want to focus on the first statement, which is diagnosing our past and present. I do not have sufficient time to go deeply into that, but maybe I will just touch on where we come from, and on why we are currently experiencing all these moral problems.

All the points highlighted by our Deputy President are of critical importance. But, as I have said, I will look at where we come from, where everything we are experiencing came from, the manner of its development and where it is now. [Interjections.]

If we perceive our society as being sick and abnormal, we are quite right, psychoanalysts and sociologists would agree that one cannot just deliver, one has to start with diagnosing and dissecting to see what is there, and to find our where it comes from so as to locate the dysfunctionality.

I am not going to talk about everything that lies behind this problem. [Interjections.] I want to quote from an observation of the situation as it presented itself in March 1986. The communiqué of the meeting between Sactu, Cosatu and the ANC in Lusaka says:

The meeting resulted from the common concern of all parties arising from the fundamental and deep-seated economic, social and political crisis into which the Botha regime and the apartheid system of oppression and class exploitation have plunged our country.

There it is.

There was common understanding that the Pretoria regime and the ruling class of South Africa are powerless to provide any real and meaningful solutions to the general crisis, and that lasting solutions can only emerge from the national liberation movement, headed by the ANC, and the entire democratic forces of our country.

The seriousness of the economic crisis of our country before the attainment of liberation cannot be viewed shallowly. It was very deep. It affected every aspect of life of our people because of the race question, which was the main thread of its fabric. Even today, the majority of our people are still reeling under the painfully pounding effects of racially determined spatial development in South Africa which determined who gets what, where and how much of it, on the basis of the racial group to which they belonged.

I want to share an experience with hon members: In 1981 more than 1 600 people were trucked out of the Western Cape, out of Cape Town, because, according to the spatial planning in South Africa, they did not belong here. They belonged in the Transkei. They were taken by trains to Umtata.

On that early cold July morning, we as men had to attend to young women who were giving birth at the railway station, to children who had diarrhoea, and to all kinds of hardship of the people, only because of the racial planning of this country, the spatial planning that assigned certain areas for certain racial groups and not for others. When we see people flooding into the country, pulling and pushing for space in the areas where there has been better development, we should not question it. It is the result of the racial planning of the past.

In 1981 the basic wage of the workers was R10 per week in the factories in Butterworth. The owners of those factories felt no remorse about this ominous exploitation of our people in the so-called homelands. Some of those workers were on the grant list of the South African Council of Churches, because they had been dumped there as ex-political prisoners. We could not remove them from the grant list, and my Bishop knows that, because R10 a week amounted to R40 a month, when the basic grant was R50.

It was embarrassing to remove the grant from the person in order for them to earn a wage of R40. Yet, the principle said that once the unemployed ex- political prisoner got a job, he had to be removed from the grant list. That is the immorality of the system that has given rise to the society we are experiencing today.

These companies were exploiting people despite the large chunks of rebates that they were given by the regime of that time. In order to operate as border industries they were, in the first instance, assured that trade unions were out of the question. They would not be allowed. The homelands regimes enforced this. They made a point of it that no trade unionist emerged in those factories. They would cut their throats. That happened.

The companies were given large chunks of rebates in order to rail the goods that they produced there from more or less free labour to the markets. It was almost for nothing, and that was despite their rebates.

This is why when our new democratic order came into being and endeavoured to change the situation they began to desert, leaving empty shells of factories, starvation and helplessness. So, when members see the confusion there, the starving people, the poverty and the filthy towns, they should think of that. When they see people doing all kinds of things they should think of their past. I know this is perhaps the history of many of those border industries of the apartheid era.

These, and other factors, caused the results we got from an income and expenditure survey of 1996. If members read ``Measuring Poverty’’, they will find that in 1996 a household survey found that among African male- headed households only 5,8% had an expenditure of more than R3 501, when on the other hand, 79,1% of male-headed households among the white community were in that category. Hon members can see the disparity between 5,8% and 79,1%. This cannot make anybody happy.

Among the female-headed households the situation was not better at all, because in those households only 2,6% of African female-headed households were in that category, against 42,6% of the white female-headed households. Those are the statistics that reflect the results of a long period of systematic crafting of the apartheid society and its state, entrenching white wealth on the one side and black poverty on the other.

We should therefore not be shocked when our President tries to speak about this, because it comes out of the system that we allowed to be crafted, the system which made our society the kind of society that was rejected by the whole world. Today we are experiencing some of the things that came about as a result.

Phillip Berryman, who is a Latin-American theologian, writes in Liberation Theology and says:

People do not simply happen to be poor, their poverty is largely a product of the way society is organised.

I agree with him completely. It is the propensity of the capitalist to accumulate more and more profits rather than redistributing wealth that is at the centre of our people’s poverty. When we had economics classes at the beginning of the year our own economists in our own institutions told us that out of the whole product of investments, our investments are able to pay labour and capital, but that there is much more that remains that could be invested in the country. But because we have allowed the profit to be redistributed to them, they can reinvest it offshore, instead of investing it in the country.

Those people do not have the conscience to see here is unemployment and poverty, and that they must reinvest what they get in this country to expand the economy to create more jobs. As a result this does not happen.

It is said in the Bible in Luke 18:25: Indeed, it is easier for a camel to go through the eye of a needle than for a rich man to enter the Kingdom of God.

[Laughter.] [Applause.] This is brought to truth. One sees it classically when one looks at the facts, and that is the state of affairs into which we have been relegated.

Therefore, I admire the work that has been done by the Government in laws such as the Employment Equity Act, the Basic Conditions of Employment Act, the Preferential Procurement Policy Framework Act, and the Mineral and Petroleum Resources Development Bill. I only wish the business sector would play ball in this endeavour by our Government. [Time expired.] [Applause.]

Debate concluded.

                       VIOLENCE AGAINST WOMEN

(Consideration of Report of Joint Monitoring Committee on Improvement of Quality of Life and Status of Women)

Ms I MUTSILA: Chairperson, in the beginning before the white men came to our beloved country, African families had flocks and fields full of food and grain. The African families lived in harmony and they toiled in their fields with pride.

The establishment of the colonial regime in Africa - which commercialised every corner of the African continent and introduced laws of migrant labour, influx control and many other controversial laws - separated a father from his wife and children. Life changed for the worst amongst African communities and the African social order was never the same again. Hence the report on violence against women and many other atrocities.

Women became the worst vulnerable victims of colonialism and apartheid. They had to assert themselves both academically and professionally in order to meet to the challenges and demands of the new dispensation, which was imposed upon them. The triple oppression became the order of the day for most women.

Hune nda bva hone, vhafumakadzi vha khou tambudziwa na u vhulaiwa nga uri hupfi vha vho ḓiita vhanna miṱani. A vha tsha pfa milayo i vha pwanyeledzaho. Vha vho kona u ḓiambela. Vha vho kona-vho u renga dzinnḓu na mimodoro nga bannga hu si na munna ane a vha pheletshedzi ya u vha sainela. Vha vho kona u hola miholo i linganaho mishumoni, i fanaho nahone hu si na tshiṱalula. Muvhuso hoyu wa vhathu wa ANC, wo zwi kona u vhofholola vhafumakadzi kha dambudzo ḽa u pwanyeledzwa havho ngomu miṱani, mishumoni na kha tshitshavha.

Fhedzi, vhafumakadzi vho dzhena kha ḽiṅwe dambudzo ḽa u vhulawa vha tshi vhulahelwa zwenezwo zwa u vhofhololwa. Naho zwo ralo, Muvhuso washu u khou lwa nazwo, vhusiku na masiari uri nyimele yo raloho i fhele, nga u sika milayo ine ya nga dzi Domestic Violence Act, na miṅwe. (Translation of Venḓa paragraphs follows.)

[Where I come from women are abused and killed, because it is said that they behave like men in their families. They are no longer adhering to oppressive laws. They can now speak for themselves. They can even buy houses and cars for themselves through banks without their men’s signatures. Women can even get equal salaries with men without any discrimination. This ANC-led government managed to liberate women from being abused at home, work and even in the community.

But women are now faced with another form of oppression - of being killed for being liberated. Even though it is like that, our Government is fighting day and night to stop this by creating laws such as the Domestic Violence Act and others.]

This report specifies physical and psychological aspects of treatment of victims of violence. There is an absence of proper counselling for women who are survivors of violence. It appeared that officials and professionals where not adequately trained to give meaningful assistance to survivors 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. District surgeons and hospitals were only concerned about rape victims when the survivors showed physical injuries. However, many health workers are not trained to deal with issues of violence. An education and counselling opportunity is therefore missed.

Violence against women remains a major problem for the South African society. The problem is prevalent in rural and farming communities, but often goes unnoticed and unreported. Both Government and communities must find ways to address the problem of violence against women and children, specifically based amongst rural and farming communities. This will be a major, positive development for women as well as men and children living in those areas. According to the report, rural women experience and witness injuries, ranging from burns from boiling water to severe heard injuries resulting in loss of hearing and sight. Steels pipes, sticks, knives, furniture, fists and kitchen utensils were all used on women in their communities.

The purpose of workshops must be to raise awareness in order to improve understanding of gender, violence and increase the extent to which cases are reported. Special emphasis must be placed on women and children, protection that the past Domestic Violence Act provides. Since both men and women are involved, workshop formats should be developed for both single and mixed sex groups. Workshops should reach the boy child as well as the girl child in order to bring back the values that our society has lost along the way.

Mabulasini na mahayani, ri wana vhafumakadzi vho pwanyeledzwa zwihulu nga u shaya nḓivho ya uri musi vho pfiswa vhuṱungu vha ya ngafhi? Vha balelwa u ḓivha na pfanelo dza u pota milandu yavho nga hone u shaya nḓivho. Vha dovha vha shavha uri arali vha pota, u tambudzwa hu ḓo vha hu hulu na kha vhadzulapo ngauri vha ḓo vha dzhia sa khundavhalai. (Translation of Venḓa paragraph follows.)

[On the farms and in the rural areas, women are highly oppressed because they lack knowledge of where to go if they are hurt. They even lack the right to report their cases because of the unavailability of knowledge. They again fear that, if they do report their cases, the oppression will escalate - even within the community - because they will be regarded as people who do not submit to discipline.]

The workshops, programmes and projects should ensure that farm workers and rural women know their rights and how to get access to them. Since a very high percentage of rural women and farm workers are illiterate, it is clear that the materials that are visual and story-based will have a broader popular appeal. Basic adult education should also be integrated into the project. The themes and format of the materials should be developed within the workshop process where information, perceptions and experiences of women will be gained. The materials should be distributed through the workshops, unions, women’s organisations, churches, youth groups, schools and on farms.

Our ANC-led Government developed a policy and edged all departments to develop programmes and projects which will adequately find ways to adhere to problems of violence against gender. Thus very important roles of the programmes and projects will be to prevent rather than to cure. The Department of Health in its report in 1998 was involved in the international resolution on the prevention of violence as a public health priority, domestic violence and mainstream health issue.

The Welfare ministry reported to the community on the achievements and proposed projects. A services directive for police and other professionals has been developed. As far as the victim empowerment programme is concerned, a key programme of the interministerial national crime prevention has been launched. Departments should develop mechanisms of monitoring the programmes which they have started. The child protection, family violence and sexual offence unit in my constituency operates under very difficult conditions because it lacks facilities in order to execute their duties effectively.

This unit, which is our Government’s first priority to combat violence against women and children becomes a mockery when they operate under such difficulties and conditions where facilities are not there. Violence against women is a national issue. It cannot be politicised. We must not use it to score cheap political marks. Let us all unite - especially, women MPs across all political parties - so that together we can fight violence against women and children. Together we must fight for a better life for all in all walks and spheres of life. [Applause.]

Mrs B N SONO: Chairperson, hon members, apartheid institutionalised violence, including gender-based violence, and gave it a respectable facade. It entrenched the violence which is inherent in patriarchal religions and traditions. Thus, the vulnerability of women to HIV and their sexual and reproductive health status are centrally related to the context of their lives within a patriarchal society.

Male dominance pervades every aspect of women’s lives; including the family, social, religious, legal and economic aspects. It influences their ability to be assertive and protect themselves. Relations between men and women in South Africa are today characterised by a power imbalance that often manifests itself in violence.

The report that we are debating today stems from public hearings that the parliamentary committee conducted. A society that is renegotiating new political, social, economic and moral baselines requires a standard to guide that project. In 1996, the Cabinet committed itself to the Beijing Platform for Action. Amongst those commitments was a very critical commitment in which Government undertook to reduce military spending and reallocate it to women’s empowerment. The committee has reported on that in its annual report every year. This Parliament has witnessed a violation of that commitment with the new arms deal.

The other commitment which was critical was in the 1998-99 national Budget Review. Government committed itself and started to look at specific programmes in specific departments in order to find out what a gender- responsive budget looks like. It also gave a commitment that that exercise would begin to permeate the entire national Budget. That was an extremely significant commitment. That commitment was a moral standard of note, considering the history of this country. But that specific commitment is no longer reflected in the national Budget Review. That was another broken commitment by a Government that professes concern for the most vulnerable citizens, ie women and children.

Gender-budgeting is about tools. It is not a stand-alone thing. It is about Government and Treasury looking at the Budget from a gender perspective in order to strengthen other legislation that has been passed, and to strengthen the gender machinery and the committee’s monitoring of Government delivery. At our last committee meeting, the committee took a decision that it would actually move a motion in the House and that that motion would be tabled in this House and a debate held. I will refer to that motion later.

Current strategies for combating violence against women in South Africa are directed primarily towards the victim. Perpetrators are targeted only on an ad hoc basis and, at best, individual counselling is recommended for some abusers. Undeniably, support for abused women is a critical intervention but is simply not enough. We can no longer focus exclusively on the victims of domestic violence and subsequent curative services. The introduction of significant preventative measures has become crucial. To that effect, we applaud the legislation enacted to address violence against women, ie the Domestic Violence Act, the revision of the Sexual Offences Act and the children’s justice Bill. But, paper rights need to be translated into actual rights. Thus, implementation becomes pivotal to that end.

The committee heard feedback from key partners of Parliament ie Case, Getnet, Idasa, etc regarding Government’s performance in the area of violence against women. There was a presentation of research findings which had been commissioned by Getnet and Case. One of the questions that was looked at was how much money Government allocates in its Budget to the various departments to enable them to implement policy and legislation, for instance the Domestic Violence Act.

Another question was inspired by the victims compensation fund. The amount that was suggested for compensating rape survivors was R2 000. Every rape survivor would not get R2 000, though. Firstly, such a person would have to report and co-operate with the criminal justice system. Secondly, no mention was made of the victims of domestic violence. A research study that was done by Getnet and Case into the Budget allocations for the implementation of the Act was presented to the committee. The research showed that money was used more for assisting victims after violence had occurred.

A grim picture of civil society subsidising Government also emerged. For example, through structured questionnaires, the Centre for the Study of Violence and Reconciliation did a series of case studies with approximately 22 women from different backgrounds. It looked at policy documents to ascertain what Government had committed itself to regarding the Domestic Violence Act and the policy around the Sexual Offences Act which was put out by the Justice department. Volunteers from NGOs effectively became clerks and relieved the department of the burden of courts, and thus civil society subsidised Government.

Regarding tenders, the report also showed that the documents which guide Government in putting out tenders to the public indicated a shift in that Government would no longer provide resources but was going to manage resources. They would put the work out to other people and just manage that process. This raises interesting questions because it changes the nature of government in terms of the Budget.

If we want to encourage women to break the silence, the Government would have to put an enormous amount of money into programmes aimed at preventing violence against women and shift budgetary allowances from the less necessary war toys. Also, the justice and women project saved the Department of Justice R135 000 in one year - a third of the largest grant awarded to KwaZulu-Natal. [Time expired.] [Applause.]

Nksz M XULU: Mhlonishwa Sihlalo neNdlu ehloniphekile, okokuqala ngithi mangizibongele eqenjini lami i-IFP ngokuba nami linginike ithuba lokuba ngizokwenza umnikelo ngapha ezintweni ezithinta izwe lakithi. Futhi, ngiyazibongela ngokuba yingxenye yokudingidwa kodaba oluhlupha noma ubani - udlame olubhekiswe kubantu besifazane nezingane. (Translation of Zulu paragraph follows.)

[Miss M XULU: Chairperson and the hon House, firstly I thank my party, the IFP, for affording me an opportunity to take part in the debate about matters that affect my country. I am also grateful to take part in discussing the issue which affects everybody - violence against women and children.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon member, I think that there is a little problem with the interpretation not coming through. I think that the problem, also, is due to the fact that the speakers’ list that I have indicates that the language that was given was English. Therefore, no provision was made for interpreting.

Hon member, you may now proceed. I think that we do have someone in the interpreting booth now.

Nksz M XULU: Sihlalo, sekuhlalwe ezinkundleni eziningi emiphakathini eyehlukene: emadolobheni, emalokishini nasemakhaya kodwa sengathi lolu dlame kuthiwa alubhebhetheke kakhulu. Luqala ezindlini. Abazali bahlukunyezwa yizingane ngezindlela ezehlukene. Ezinye ziye zifune imali ngenkani kogogo zize zibashaye. Abanye obaba bafuna ukudla ngenkani komama ibe ingekho imali yokuthenga ukudla, kugcine kushaywa owesifazane. Udlame lolo. Umuntu uye ezwe kokunye kuthiwa ingane encane idlwengulwe umuntu ongangomkhulu wayo; futhi ezwe kuthiwa indoda idubule inkosikazi nezingane yabe seyizidubula nayo kodwa yona yangafa.

Ngabe lolu dlame olungaka lwenziwa yini? Kunciphe ukuqina komthetho yini? Ngabe izwe uma likhululeka awuhlonishwa yini umthetho namalungelo abanye abantu? Lokho ngikusho ngoba sikhule kungenjena. Noma ubugebengu babukhona kodwa umthetho wawesatshwa. Izigilamkhuba bezingenjena. Manje uma kuxoxwa ngobugebengu ungathi bandiswa kakhulu. Kuthi noma sekubikwe emaphoyiseni kwavulwa amacala, amanye athathe isikhathi eside engaqulwa ummangali aze aphelelwe yithemba ngoba engasazi ukuthi kwakufanele ngani ukuthi avule icala uma lingeke lithethwe khona isigilamkhuba sizongena endaweni esifanele, sijeziswe.

Kwenye indawo amaphoyisa aye athi awanazo izinsiza ezifanele, njengezimoto zokusebenza. Kokunye kuye kuthiwe udokotela ohlola ohlukumezekile ufika ngelinye ilanga elithile. Omunye uye esatshiswe yibo bona labo abafanele ukumsiza. Ubani ozokwelapha lesi sifo esibhebhethekayo? Akuqine umthetho. Nakhu ephephendabeni layizolo kuthiwa umuntu wakwaLizwi, umfundisi wesifazane ubulewe. Kusolwa ukuthi udlwenguliwe kuqala. Ingane yentombazane idlwenguliwe yabulawa kanye neyomfana.

Konakele phi? Safa. Thina ngokwemvelo asinamandla okuzivikela ezigilamkhubeni ezingasenawo unembeza. Umthetho awuqine. Ababoshwe basetshenziswe kanzima ejele, baphiwe ukudla okuncane laba abagila imikhuba.

Uma sengiphetha, ngifuna ukusho ukuthi noma kungafundiswa abantu ngemithetho, uma wona umthetho ungaqinisiwe ezigilamkhubeni akuna siza lutho futhi akunakusisiza thina bantu besifazane esihlukunyezwa yilesi sifo sodlame. Ngiyalibonga leli komidi lalapha ePhalamende eliphathelene namalungelo abesifazane ngokusukumela lolu daba lodlame olubhekiswe kubantu besifazane nabantwana. [Ihlombe.] (Translation of Zulu paragraphs follows.)

[This issue has been discussed in many areas: in cities, townships and rural areas, but it seems like it is being escalated. It starts within families where parents are abused by children in various ways. Some children demand money from their grandparents to an extent that they beat them. Some men demand food from their wives knowing that there is no money to buy that food, and the woman end up being beaten; that is violence. At times one would hear that the baby has been raped by a person who is as old as the child’s grandfather; and also that a man shot his wife and children then himself, but he survived.

What causes such violence? Is it lawlessness? Does it mean that when a country becomes democratic, it disregards the law and the rights of others? The reason for saying this is because it was not like this when we grew up. Maybe crime was there but people had respect for the law. Criminals were not as bad as they are nowadays. Now talking about crime seems to escalate it. Even though some of the crimes have been reported, and the cases opened they take time to go on trial. The victims even loses hope to an extent that they question the importance of laying a charge against the criminal. He is supposed to be sentenced and serve his punishment in jail, but nothing happens.

In some areas police say that they do not have adequate resources such as vehicles. Sometimes they say the doctor who is supposed to check the victim only comes on certain days. Some victims are victimised by the same people who are supposed to help them. Who is going to solve this problem? The law should be firm. In yesterday’s paper, it was said that the female pastor was found dead. It is suspected that she was first raped and then killed. The little girl was raped and killed together with a little boy.

What went wrong? We are dying. We are unable to defend ourselves from heartless criminals. The law must be firm. Criminals must be sentenced so that they can work very hard in prison. They should be given less food.

In conclusion, I want to say that even if people can be trained in law but if the law itself is not firm, that will not help, and it will not help us as women who are victims of violence. I thank the portfolio committee here in Parliament that is concerned about the rights of women for taking the issue of violence against women seriously. [Applause.]]

Mrs S M CAMERER: Chairperson, I would like to congratulate the hon Xulu on her maiden speech.

This debate takes place during a week when several brutal attacks on women have been in the headlines. The 16-year-old disabled Monique Valentine was shot dead in a gang-warfare-related incident on the Cape Flats. Michelle Cocks, 31 years old and pregnant, was assaulted, violated and mutilated together with her colleague, Isla Grundy, aged 47, in the Eastern Cape. Michelle lost her baby and Isla is still in a serious condition in hospital. The weekend press reported that a popular lady pastor and her three foster children were abducted and murdered in Newcastle. We are all aware of the trial of the alleged murderer of former first lady Marike de Klerk, currently proceeding in the Cape High Court. The list goes on and on.

The tragedy is that this is not an unusual week; it is a typical week in what President Mbeki in his opening address to Parliament in June 1999 called, ``the twilight world of continuous sexual and physical abuse of women and children’’.

SAPS statistics indicate that 37 women were reported as rape victims in

1. The actual figure could be far higher. South Africa is still a violent country and women bear the brunt of the violence. No woman is immune.

The joint monitoring committee is surely one of the more effective committees in Parliament in terms of the innovative research that is done. This seminal survey in the field of violence against women and that relating to women and HIV/Aids, and women in the Budget are examples. All credit must go to the former Chairperson, Pregs Govender, who has now retired from Parliament. Her successor, Lulu Xingwana has a lot to live up to.

Part of the committee’s brief is to monitor Government’s commitments in terms of the international convention on the elimination of all forms of discrimination against women and the Beijing Plan for Action, these commitments having been undertaken in 1995. Both documents detail the state’s obligations to introduce measures to protect the rights of women, including measures to eliminate gender-based violence.

Before dealing with the joint monitoring committee’s report, I would like to briefly pay tribute to three young women. They are merely representative of so many others who have triumphed over their victim-of-violence status. They have become celebrity survivors of sexual violence. These women are Charlene Smith, Allison - her surname is not revealed - and Alix Carmichelle. All of them were raped, assaulted and even left for dead in savage and brutal attacks. All three have overcome their personal tragedies. Charlene Smith came out and has successfully publicised the importance of being a rape survivor and for rape victims to have immediate access to antiretroviral drugs.

Allison, whose survival is perhaps the most miraculous, has written two books on how she rebuilt her life and Alix Carmichelle has successfully sued Government for damages for not effectively protecting her constitutionally guaranteed right to life and security of the person. Her attacker was out on bail at the time pending his trial for rape. Her triumph illustrates the Government’s failure in terms of its international commitment and its constitutional obligations towards women. This can have huge cost implications for Government if it does not improve the criminal justice system and the protection it should afford the women of our society against the shocking, horrific violence that is out there daily, stalking the women of our beautiful land. [Time expired.]

Ms N C NKABINDE: Chair, I should appreciate the fact that issues affecting women are talked about. However, mere lip service cannot help us achieve what we want to.

The establishment of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women, with its tasks, is impressive and gives hope that women’s issues can be dealt with attentively and specifically. However, one should mention that information on issues affecting women and how they can be addressed should reach all South African women, especially those who are at grass-roots level in the rural areas. This can only be achieved if the national Government ensures that gender desks are formed both at provincial and at local government levels. Through proper co-ordination of all levels of Government, workshops will have to be held to inform women of such good legislation which they can use as their defence tool against all forms of violence.

I emphasise the point of holding workshops because not all women know and understand what is meant by violence and abuse against them. Therefore, if they do not know that, how can one expect them to understand and use the Acts that are meant to protect them? This will not only enable women to fight against violence and abuse, but also give them confidence in Government as they will be recognised in the communities, that is, their voices will be heard.

The nonprofit organisations play a vital role in helping abused women to overcome their ordeal, and so the UDM appeals to the Government to lend a helping hand in terms of finances for those organisations to be able to execute their worthy tasks efficiently and effectively.

In most cases affected women do not lay charges against their perpetrators. This does not happen only with women but with children as well, the reason being the kind of treatment they get from the SA Police Service and the Department of Justice. Rape victims find it very difficult to testify in court. To them it is like undergoing a second assault and they are often blamed for a sexual offence.

Last year in Richmond alone 284 cases of violence against women were reported. Of them only 50 were finalised. This is a shocking state of affairs.

Siyazi sonke ukuthi umuntu wesifazane uyimbali yanoma yiliphi izwe. Kuyiqiniso elingenakuphikwa ukuthi uNkulunkulu wadala u-Eva ngengxenye yomzimba ka-Adam. Nokho-ke lokho akuchazi ukuthi umuntu wesilisa unegunya phezu komzimba womuntu wesifazane. Uma singalwi nale mpi yokuhlukunyezwa kwabantu besifazane, kuyobe kusho ukuthi silibukela phansi iqhaza lamaqhawe afana noMkabayi kaJama, kanti negazi lezintombi zeNgcugce kobe kusho ukuthi laphalalela ize. (Translation of Zulu paragraph follows.)

[We all know that a woman is the rose of every nation. It is an indisputable fact that God created Eve with some body parts of Adam. However, that does not mean that a man has authority over the woman’s body. If we do not fight against this war of the abuse of women, it would mean that we are looking down on the role of heroines like Mkabayi of Jama. It would also mean that the blood of the Ngcugce’s women was shed in vain.]

Mrs M S MAINE: Chairperson, Deputy President and hon members, the Joint Monitoring Committee on Improvement of the Quality of Life and Status of Women was permanently established in June 1998 to monitor and oversee progress with regard to the improvement to the quality of life and status of women in South Africa. This is with specific reference to the Government’s commitments made at the United Nations 4th World Conference in Beijing in 1995 and the provisions of the UN Convention on the Elimination of all forms of Discrimination Against Women, or CEDAW, in 1995.

The South African Government’s signature and the ratification of CEDAW created obligations to introduce measures to protect the basic rights of women and improve the status of women by eliminating gender-based discrimination. CEDAW requires countries to report to the UN every four years. South Africa’s first progress report was submitted to the UN’s CEDAW committee in 1997.

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 private life. It encompasses physical, sexual and psychological violence. Violence against women is a serious and escalating evil in our society. It is both a part of the subordination of women and a consequence of that inequality. The statistics, even though partially known, are shocking. In recognition of the important values of nonracism and nonsexism which are guaranteed in the Constitution and the progressive institutions which it establishes and which support constitutional democracy and the protection of human rights, the request for gender equality is an ongoing call for justice. It is our ardent belief that democracy is meaningless if women’s rights are not treated as human rights.

The intensity of the spiral of violence in South Africa and many other countries, especially on women, demands that certain intervention strategies be effected to eradicate the pervasive problem in our society. This requires that, over and above crisis intervention to help victims, a more holistic approach be taken by social workers and other practitioners to locate the issue of violence against women in its economic, political and social totality.

The co-operation between Government and civil society is vital. The Department of Social Development has formed a partnership with the National Network on Violence Against Women and it has received financial and administrative support from the department. The Department of Health also participates in the national network, but all departments should be involved.

On interministerial co-operation and co-operative governance, the committee recommends that the Department of Foreign Affairs make a written report on the development of a gender desk in the department, and 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. Furthermore, what is the role of the department and that of Justice in considering legislation in this regard?

The National Crime Prevention Strategy adopted by the Cabinet in 1996 is the Government’s flagship and an interdepartmental 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. In view of various submissions relating to women’s difficulties in escaping situations of domestic violence in particular, due to a lack of access to alternative housing, the committee also requires a response from the Departments 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 land allocation. The committee is particularly interested in the progress and achievement 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’’.

The effects of violence against women, including domestic violence which is often treated by police officers as unimportant, are devastating. Traumatised survivors of rape, sexual assault and violence against women in general should be treated sensitively. Various legal remedies should be made available to survivors of violence. It appears from various submissions that complainants often rely on the police for advice on the choice of remedy. In some cases it was reported that police tried to dissuade women from laying charges against perpetrators by stressing negative consequences for women if they insisted on the arrest of the offender.

The committee recommends that the Department of Social Development should embark on extensive training of its officials to equip them to deal with survivors of violence against women. The committee also recommends that the Government should prioritise resources, both financial and human, to projects such as the victim empowerment programme in the NCPS, especially where they relate to violence against women and children. Separate budgetary allocations should be made for violence against women in departments such as Safety and Security. The Department of Finance should ensure that the gender analysis of the different departments’ programmes be reintroduced in the national Budget.

Finally, I wish to commend Government departments for laws passed and enacted. Examples are legislation pertaining to customary law on inheritance and succession, the Sexual Offences Act, the Domestic Violence Act, equality legislation and others.

We further note the adoption by the Cabinet in December 2000 of the National Policy Framework for Women’s Empowerment and Gender Equality which affirms, amongst others, the following principle: that women’s rights are human rights.

I would like to take this opportunity to thank the following people who helped compile our report. They are Melissa Fourie, Sheresa Dawood and Carmine Rustin of the Parliamentary Research Unit. [Applause.]

Mrs R M SOUTHGATE: Chairperson, women are integral to society’s task force in creating opportunities for every person’s wellbeing in this country. As such, we commend the Woman of the Year award recently held in Cape Town. These are role-players that add to the rich economic tapestry and competency South Africa is well known for.

It is sad to say that women’s status as equal citizens is undermined by the lack of commitment to enforce current legislation protecting the status of women. The Domestic Violence Act may soothe the conscience of Government by doing something through its legislative arm, but its unwillingness to effectively enforce the law renders such intervention null and void.

The report on violence against women highlights the struggle women face in getting law enforcers to take their concerns seriously. For instance, the onus still remains with the woman to show reasonable evidence or proof of assault. This obligation prejudices the right of women to be treated fairly and freely. Women are also disadvantaged in the assumption that their roles are automatically subservient to those of men. The report indicates as much in that sexual abuse against women, especially coercive marital relationships, is very often viewed as abuse, adding to the vulnerability of women in our society.

The report calls for greater public education on domestic violence. The ignorance around domestic violence impacts on women and men alike. The hidden hand behind domestic violence is degenerative social values. The report highlights a number of factors that contribute to domestic violence, such as patriarchy, militarisation, race and gender oppression, changes in social order and others. What concerns me about the report are initial submissions presented by the public in 1998 and 1999, and then raised again in 2000 and 2001 and those issues are: difficulties experienced by women victims accessing the justice system; application forms for domestic violence interdicts were too lengthy and shorter forms were requested even though there has been an undertaking by Justice that this would be done; the public is still illiterate and uninformed about the legislation; the SAPS considers violence against women as an extra burden placed on them and it is not seen as part of their ordinary work; there is still a lack of manpower and capacity at magistrates’ courts; massive backlogs of cases, which cause delays of about nine months between complaint and trial; the Domestic Violence Act has financial implications and all aspects have not been covered, and antiretroviral drugs like AZT are still not administered to rape survivors and many are not able to afford the treatment.

I trust that this report will not land up on the shelf somewhere and be forgotten. Some of the recommendations therein should be adhered to. Government should take the leading role and show political will by addressing the concerns with immediate effect.

And here I would like to raise the issues about our children and, in this case again, about Monique Valentine. I went to the memorial service this morning. I must tell hon members that the children are very traumatised by what has happened. I need to say here that Monique’s constitutional rights were violated. It is said here that she had the right to life, the right to freedom and security and freedom from all forms of violence, the right to an environment that is not harmful to her health or wellbeing, and then there is also section 28 which deals with all our rights. That has been violated.

Yet South Africa has a wealth of policies designed to put children first. But the reality is that most children in South Africa still live in unacceptable conditions in which their rights, housing, food, education, health care, family care and protection are violated on a daily basis.

South Africa has signed the UN Convention on the Rights of the Child. And here I need to say that the Government unfortunately has failed Monique and many other children we have buried. [Time expired.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Hon members, while we are dealing with the quality of life of women, let me take this opportunity of wishing the hon Mrs Tshivhase everything of the best on her birthday today. [Applause.] If hon members have not noticed she is attired in great splendour; and to any one else who might be celebrating a birthday today too.

Mrs M A SEECO: Chairperson, in South Africa the exact levels of gender- based violence are not known because it is underreported. Violence committed against women is a fundamental denial of basic human rights, and such violence includes rape, mutilation, sexual abuse, murder and domestic violence.

According to a study on domestic violence against women, it was found that rape statistics from January to September 2001 were lower than in 2000. For the age group 0-17 years, in 2000 the figure was 21 438, and for adults it was 31 112. The total was 52 550. In 2001, for the age group 0-17 years the figure was 15 680, and for adults it was 22 045, and the total was 37 725.

There is not a single factor that contributes to violence perpetrated against women. One of the factors is a lack of economic resources. On the other hand, the threat and fear of violence keeps women from seeking employment. It compels them to accept lowly paid, home-based exploitative labour. Then again, without economic independence, women have no power to escape from an abusive relationship.

Many women in abusive relationships do not want to leave their partners. They merely want the abuse to stop. It has therefore became necessary that we rethink our empowerment programmes. However, violence will not be eradicated through legislation alone. We need to build peace in our homes, churches and societies. Peace cannot be attained if violence is still occurring in intimate relationships. [Time expired.] [Applause.]

Dr S E M PHEKO: Chairperson, the PAC welcomes this report on the improvement on the quality of life and status of women. The PAC, however knows that the report is two years old. The PAC believes that the improvement of the quality of life and status of women can only be achieved when women are treated as agents of change; not merely as recipients who are needy, but as participants and givers, not as needy patients looking for mercy and being mere victims of violence.

Current social, political and economic policies have to provide women with the space to reclaim democracy and development in order for their lives to improve, because women are the poorest, most marginalised and most excluded in our society. In order for development to be sustainable, it has to give back to women as people who think, assess, evaluate, resolve, inspire, agitate and reshape the world. Economics is about power. Politics is about control of that power. The Government policy of Gear has gone wrong. The PAC reiterates its call for a gender impact assessment of Gear. This will show that women have lost through this programme.

The Public Enterprises privatisation programme is reinforcing rather than removing women’s poverty. Through the land policy of willing buyer, willing seller, women will not receive any land and resources on it such as food, decent houses and means to acquire education. Studies show that owning assets, bringing in an income and being educated improve the status of women.

The picture of our country shows regression. More women are living in fear of eviction from land reminiscent of the apartheid era. The continued existence of women at the bottom of the poverty pile is an endorsement of discrimination. It breeds persistent poverty, it breeds violence against women, and it intensifies inequalities and injustice. The status of a nation is measured by the status and equality of its women. Dr U ROOPNARAIN: Chairperson, hon members, I was part of this committee and listened to the many chilling reports. Yet the question that continually plagues my mind is: Why is the war against women and children allowed to continue? I want to deal with the question of substantial and compelling circumstances and the three myths about rape that permeated the report.

Firstly, rape is often misunderstood as male virility: It is macho to rape a woman. Secondly, rape is not traumatic unless there are physical scars to show for it. Thirdly, women collaborate in crimes that are committed against them: They either ask for it or go somewhere with the perpetrator. I want to cite three cases from the report that show the deficiencies in our criminal justice system.

The first case is that of S vs Zita, in which a six-year-old girl was raped by three men who entered her home armed with a panga for the purposes of robbery. Despite the girl’s pleas that the men take whatever they want and leave her alone, the three men took turns raping her.

All three men were convicted of rape. During sentencing proceedings it was argued on behalf of the youths aged 20, 19 and 18 that the circumstances were substantial and compelling, along with the fact that the three men had no previous convictions. All three had come from unfortunate backgrounds. More strongly, it was advanced on behalf of the youths that the little girl had not suffered serious injury apart from the rape, and that the rape was not premeditated since the men had gone to the home to commit a robbery.

The second scenario involves a 24-year-old woman who was abducted, tied up and raped repeatedly by two men. She managed to escape. It was advanced on behalf of the accused that the complainant had not suffered any physical injury as she had not been to the hospital. It was further argued that the men had come from deprived backgrounds.

In the third case, a six-year-old girl was raped by the father of her mother’s boyfriend. He was interrupted when someone entered the home. The district surgeon examined the girl and her injuries. He stated that her injuries were superficial. There were just two slight vaginal tears. The court held that the offence was not of a serious nature and a lack of real harm was caused to the child.

So legal rights and responsibilities cannot be left to chance. Sometimes we need to take the road less travelled. We need to say, ``Enough is enough and no more!’’ We need a criminal justice system that is user-friendly and woman friendly. I rest my case. [Applause.]

Mr M B NTULI: Mr Chairperson, it is an honour for me to be associated with this debate as this report is being tabled today. Everybody is equal in the eyes of the law and has the same rights as women do. There are rights that women have to enjoy. It is also provided in the Bible that they should enjoy a lot of respect from men, hence there is a saying that behind every wise man there has got to be a woman. So it is very important that women’s rights should be respected as well.

The establishment of this committee was very important in that it has to complete the task of the emancipation of women in our country. This is to ensure the safety of our women. This is to prove beyond a shadow of a doubt that the ANC Government does take care of every sector of society. It is important to indicate in this debate that it is not only physical action that can be construed as violence against women. Sexual abuse against women may also be considered as violence against women. The hearings which we have undertaken are merely to sensitise women about their rights. In the same vein I believe that men will, after this debate, take part in assisting the Government of the day to protect women in this country.

I will concentrate on three issues that is the judicial system in this country, law enforcement or incarceration of offenders, and traditional practices and democracy. With regard to the composition of the judiciary, ie the judges, in this country one finds that the representation of women is still lacking tremendously in that out of 194 judges only 10 are women judges. This means that there is a discrepancy in our society, hence one may find that women are not well represented in some areas in this country.

If one looks at the maintenance laws which we have put in place in this country, one may find that the forms which are applicable for women to complete are very complicated, particularly if one is traumatised; and women are not empowered to fill in these forms appropriately. This then makes the sentence that is handed down in whatever judgment is given in respect of women who have committed a crime against their spouses more severe than those given to a male who has killed his spouse.

Again, with regard to rape cases in this country, out of 624 cases one would find that there are only three cases which have been tried and in which the accused has been sentenced unconditionally. This shows that there is a backlog in sentences that are being passed in this country. So there is a lack of sensitivity in terms of judgments handed down to any person who has violated the rights of a woman.

With regard to the criminal justice system, ie the law enforcement agency, one would find that some of the police are not empowered to deal with a traumatised woman when she comes to report a case at the police station. One would find that a question is asked repeatedly without the statement being taken, which means that the woman has to answer a lot of questions before a statement is taken from her. One would find that some police stations do not have privacy, ie the system is not conducive to making a raped woman, a traumatised person or a child comfortable when giving a statement to the police.

As far as incarceration of offenders is concerned, we have statistics, but they do not show exactly what is happening. One would find that the numbers of people who are in jail are being inflated, which means that not enough cases are reported because women are either afraid to open cases or are forced to reconcile with their partners.

With regard to co-operation between Government and society, I think there should be an outreach programme which will be able to educate the community, particularly our women, on how to be treated and how to state their case when they become victims of rape.

I would like to touch on traditional practices as opposed to democratic practice. The democratic processes that we have gone through in this country have to be credited to the ANC Government because the ANC Government is the only government in this country to have put in place this committee so that everybody, every woman in this country should feel free to be protected.

I would like to challenge all men in this Parliament to be ambassadors for protecting our women … [Applause] … because all the laws which we have made in this Government have to be implemented. Men in this country have to go and educate their wives, their girlfriends and children or vice versa, because this is important for us in this Parliament. We can make good laws but if we are failing to implement these laws then it means that the Government has not done anything. So all members of Parliament should go out and educate our people on the ground, especially the rural women in this country. [Applause.]

The MINISTER IN THE PRESIDENCY: Mr Chairperson and hon members, the first thing that we need to do today is to extend our warmest gratitude and congratulations to the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women. I think they have done a wonderful job in producing this report, which has enabled us to have this debate today. [Applause.]

There are a number of questions that arose in the report, and these were touched upon by all of the speakers this evening. I would like to touch on two or three of those questions. The first has to do with domestic violence. The clear message must be that domestic violence is not a domestic issue. It is not a family issue. It is a national issue. It is a national challenge. [Applause.] If there is still anybody who argues that what they do in their own homes is their own business, I think we had better take them on and let them understand that it is our business.

The second issue that arose, quite correctly too, and it is in the report, is the question of raising awareness, especially amongst rural women, so that women know their rights and know how to access those rights. I think that is absolutely correct.

The question we have to ask ourselves as public representatives is: What do we do about it? What do we do as political parties to raise this level of consciousness and this level of awareness? It seems to me that that is an issue that we need to address over and over again. It is a matter for all of us sitting in this House to do whatever we have to do. When we do our constituency work, a critical issue we should keep on addressing is the question of violence against women and violence against children.

The report asks the GCIS to take on some responsibilities. Let me say here and now that the GCIS will take on those responsibilities. The report also talks about other government departments. I think we need to address the question of government departments at national, provincial and local levels, and what Parliament does about monitoring the activities of these government departments and to ensure that these government departments do what they have to do.

I think Comrade Ntuli was quite right - this was the message all other speakers spoke about - when she said that we should unite and fight this together. I think that is absolutely correct. He asked for all the women MPs to get together. I would say that this is not a woman’s problem; this is a man’s problem. I think he had better get the men together. The women do not have to be convinced about this. I think we have to convince the men about this. I think we need to take up the issue, which is a critical one and one we face all the time, that the body of a woman belongs to that woman and that woman alone. It belongs to nobody else. [Applause.] Nobody has a right to that body unless the woman consents. I think that is the message that must go out from here. A woman owns her body, but a man also wants to own it, and that is what we have to fight.

We have a wonderful Constitution. We have many good laws which have been mentioned here. There is no doubt that we have made considerable progress since 1994. But the central issue of power imbalance still prevails in our country. What this means, as many speakers have pointed out, is that we have to intensify the struggle. To quote one of the speakers, ``Women’s rights are human rights.’’ We have to intensify the struggle for the empowerment of women and for gender equality, because it is in the process of that struggle that we will begin to put, at the centre of our agenda, the question of violence against women.

Many things have been said here about the deficiencies of the justice system, and those must be addressed. We have to continue to address them.

In the course of the report there are some harrowing stories, and many harrowing stories were told here this evening. I just hope that those harrowing stories will spur us on to greater efforts.

As has been said, the Government itself has made clear commitments on violence against women, and is serious about ensuring that they are adhered to. Further, under the SADC Declaration on Gender and Development, and specifically, its addendum entitled ``The prevention and eradication of violence against women’’, all Ministries have made specific commitments on how they will each contribute towards the goals of that agreement.

As the Chair of the AU, South Africa is committed to ensuring that the additional protocol to the African Charter on the Rights of Women is signed by heads of states in its term as chair, ensuring that Africa has an instrument which addresses the rights of women on the continent. The truth is that violence against women impedes any prospect of national and, indeed, regional development.

I think the responsibility of the public representatives is to remember, as speaker after speaker has said, that a good law is not a good law unless it is implemented. If it is a law that remains only on paper, it is not a good law. It is our responsibility as public representatives to ensure that we actually bring about the implementation of the laws that we have in place.

In conclusion, on behalf of the Government - and, I am sure, on behalf of all the members - I think we should, in this debate, express our deepest sympathies and condolences to all of the women who have been violated, raped, and abused, and more specifically, in this very recent period, to Monique Valentine and to the woman pastor and her three foster children who were abducted and murdered in Newcastle. We should say to them, as the speaker from the IFP said - which should be our message - enough is enough, we are no longer going to stand by while this happens. [Applause.]

Debate concluded.

Report adopted.

CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF ORGANISATION OF AFRICAN UNITY CONVENTION FOR THE PREVENTION AND COMBATING OF TERRORISM IN TERMS OF SECTION 231(2) OF CONSTITUTION

There was no debate.

Convention approved.

The House adjourned at 19:24. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                      THURSDAY, 22 AUGUST 2002

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

 (1)    The following Bill was introduced by the Minister for Justice
     and Constitutional Development in the National Assembly on 22
     August 2002 and referred to the Joint Tagging Mechanism (JTM) for
     classification in terms of Joint Rule 160:


     (i)     Promotion of Equality and Prevention of Unfair
          Discrimination Amendment Bill [B 41 - 2002] (National Assembly
          - sec 75) [Explanatory summary of Bill and prior notice of its
          introduction published in Government Gazette No 23728 of 8
          August 2002.]


     The Bill has been referred to the Portfolio Committee on Justice
     and Constitutional Development of the National Assembly.


     In terms of Joint Rule 154 written views on the classification of
     the Bill may be submitted to the JTM within three parliamentary
     working days.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Finance:

 (a)    Government Notice No R 58 published in Government Gazette No
     23600 dated 5 July 2002: Amendment of Schedule 1, made in terms of
     section 33 of the South African Revenue Services Act, 1997 (Act No
     34 of 1997).


 (b)    Government Notice No R 987 published in Government Gazette No
     23651 dated 19 July 2002: Regulations in terms of section 18 of
     the Unemployment Insurance Contributions Act, 2002 (Act No 4 of
     2002).


 (c)    Government Notice No R 990 published in Government Gazette No
     23651 dated 19 July 2002: Determination of limit on amount of
     remuneration for purposes of determination of contribution in
     terms of section 6 of the Unemployment Insurance Contributions
     Act, 2002 (Act No 4 of 2002).

COMMITTEE REPORTS:

National Assembly:

1. Report of the Portfolio Committee on Social Development on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, dated 21 August 2002:

   The Portfolio Committee on Social Development, having considered the request for approval by Parliament of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approve the said Protocol.

 Request to be considered.

1. Report of the Portfolio Committee on Social Development on the Convention on Protection of Children and Cooperation in respect of Inter-Country Adoption, dated 21 August 2002:

   The Portfolio Committee on Social Development, having considered the request for approval by Parliament of the Convention on Protection of Children and Cooperation in respect of Inter-Country Adoption, referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approve the said Convention.

 Request to be considered.

                       FRIDAY, 23 AUGUST 2002

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

 (1)    The Minister for Justice and Constitutional Development
     introduced the uMthethosivivinywa wokuChibiyela ukuQhubekisa
     ukuLingana nokuVimbela uBandlululo olungaLungile [B 41 - 2002]
     (National Assembly - sec 75) in the National Assembly on 22 August
     2002. This is the official translation into isiXhosa of the
     Promotion of Equality and Prevention of Unfair Discrimination
     Amendment Bill [B 41 - 2002] (National Assembly - sec 75) which
     was also introduced on that day.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Home Affairs: The Employment Equity Report of the Independent Electoral Commission for 2001, tabled in terms of section 22 of the Employment Equity Act, 1998 (Act No 55 of 1998).

2. The Minister of Finance:

 (a)    Annual Report and Financial Statements of the Financial Services
     Board for 2001-2002, including the Report of the Auditor-General
     on the Financial Statements for 2001-2002.


 (b)    The Annual Financial Statements of the Corporation for Public
     Deposits for 2001-2002.

1. The Minister of Public Works:

 Community Based Public Works Programme - With our Hands Alleviating
 Poverty in South Africa.

1. The Minister for Justice and Constitutional Development:

 Draft Regulations in terms of the Promotion of Equality and the
 Prevention of Unfair Discrimination Act, 2000 (Act No 4 of 2000) tabled
 in terms of section 30(4)(a) of the Act.

1. The Minister of Labour:

 (a)    Annual Report and Financial Statements of the Mining
     Qualifications Authority for 2001-2002, including the Report of
     the Auditor-General on the Financial Statements for 2001-2002.


 (b)    Annual Report and Financial Statements of the Financial and
     Accounting Services Sector Education and Training Authority for
     2001-2002, including the Report of the Auditor-General on the
     Financial Statements for 2001-2002 [RP 138-2002].

                       MONDAY, 26 AUGUST 2002 ANNOUNCEMENTS:

National Assembly:

1. The Speaker: The following changes have been made to the membership of Committees, viz:

 Joint Monitoring Committee on Improvement of Quality of Life and Status
 of Women:


 Appointed: Xingwana, L M T.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Finance:

 (a)    Government Notice No 762 published in Government Gazette No
     23477 dated 30 May 2002, Statement of the National Revenue,
     Expenditure and Borrowing as at 30 April 2002, in terms of section
     32 of the Public Finance Management Act, 1999 (Act No 1 of 1999).


 (b)    Government Notice No 898 published in Government Gazette No
     23580 dated 28 June 2002, Statement of the National Revenue,
     Expenditure and Borrowing as at 31 May 2002, in terms of section
     32 of the Public Finance Management Act, 1999 (Act No 1 of 1999).

COMMITTEE REPORTS:

National Assembly:

1. Report of the Portfolio Committee on Social Development on the Probation Services Amendment Bill [B 18B - 2002] (National Assembly - sec 75), dated 19 August 2002:

   The Portfolio Committee on Social Development, having considered the Probation Services Amendment Bill [B 18B - 2002] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 11 June 2002, p 686), referred to the Committee, reports the Bill with amendments [B 18C - 2002].

   The Committee further recommends that the Department of Social Development, before the Act comes into operation, communicate the implications thereof to other role-players in the criminal justice system who will be co-responsible for its implementation.

 Report to be considered.

1. Report of the Portfolio Committee on Trade and Industry on the Corporate Laws Amendment Bill [B 32 - 2002] (National Assembly - sec 75), dated 20 August 2002:

   The Portfolio Committee on Trade and Industry, having considered the subject of the Corporate Laws Amendment Bill [B 32 - 2002] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 32A - 2002].

2. Report of the Portfolio Committee on Communications on the Appointment of Board of Media Development and Diversity Agency, dated 22 August 2002:

   The Portfolio Committee on Communications, having considered the matter of the appointment of members of the Board of the Media Development and Diversity Agency, referred to it in accordance with section 4(1) of the Media Development and Diversity Agency Act, 2002 (Act No 14 of 2002), reports as follows:

       The Committee invited the public to nominate persons for
       consideration and recommendation to the President for
       appointment to the Board by means of advertisements in the
       print media and on the radio. An overwhelming response from
       people in the rural areas proved radio to be an excellent
       medium of communication. Ninety-four written submissions were
       received, and more than 120 telephone calls from people in
       rural areas.
   
   
       Thirty-three candidates were shortlisted on 7 August 2002,
       namely:
   
   
       Boloka, Mr G M; Cullinan, Ms K J; Damoyi, Mr P M; Dikeni, Mr
       S; Emdon, Mr C; Fillies, Ms A; Fourie, Prof P J; Hadland, Mr
       A; Harber, Mr A; Hector, Mr O; Lakhani, Mr M; Letsiri, Ms M V;
       Lloyd, Ms L; Makhene, Mr M; Mattera, Mr D; Mbatha, Rev A H;
       Mbele, Ms Z; Mgeyane, Mr L S; Minyu, Mr S; Mkhonza, Ms K;
       Moerdyk, Mr C J; Mokae, Dr G; Mokoena, Mr L J; Moyane, Mr D;
       Ntanzi, Ms F; Ntshingila, Ms N; Rabyanyana, Ms M G; Reddy, Mr
       G; Reddy, Mr K P; Schreiner, Mr W N; Sewlal, Adv R; Sibiya, Mr
       K B; Thoke, Mr N S.
   
   
       The Committee spent a total of 25 hours interviewing the 33
       candidates in open meetings in Parliament on 19, 20 and 21
       August 2002. The provisions of the Act were duly taken into
       account during the entire process.
   
   
       The Committee accordingly recommends that the House, in
       accordance with section 4(1)(b) of the Act, make a
       recommendation to the President that the following six persons
       be appointed as Board members:
   
   
           Mr G M Boloka, Ms K J Cullinan, Ms K Mkhonza, Mr C J
           Moerdyk, Ms N Ntshingila, Mr G Reddy.
   

 Report to be considered.

                      WEDNESDAY, 28 AUGUST 2002

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

 (1)    The Joint Tagging Mechanism (JTM) on 24 August 2002 in terms of
     Joint Rule 160(6), classified the following Bills as section 75
     Bills:


     (i)     Occupational Diseases in Mines and Works Amendment Bill [B
           39 - 2002] (National Assembly - sec 75).


    (ii)     Medicines and Related Substances Amendment Bill [B 40 -
           2002] (National Assembly - sec 75).


    (iii)    Promotion of Equality and Prevention of Unfair
           Discrimination Amendment Bill [B 41 - 2002] (National
           Assembly - sec 75).


 (2)    The Joint Tagging Mechanism (JTM) on 24 August 2002 in terms of
     Joint Rule 160(6), classified the following Bill as a section 76
     Bill:


     (i)     International Trade Administration Bill [B 38 - 2002]
          (National Assembly - sec 76).

National Assembly:

1. The Speaker:

 (1)    The following private member's legislative proposal was
     submitted to the Speaker on 23 August 2002, in accordance with
     Rule 234:


     (i)     Draft Pardon Investigation Procedure Bill (Mr A J Leon).


     In accordance with Rule 235 the legislative proposal has been
     referred to the Standing Committee on Private Members' Legislative
     Proposals and Special Petitions by the Speaker.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Speaker and the Chairperson:

 Annual Report and Financial Statements of the Financial and Fiscal
 Commission for 2001-2002, including the Report of the Auditor-General
 on the Financial Statements for 2001-2002 [RP 132-2002].

1. The Minister of Labour:

 (a)    Annual Report and Financial Statements of the Forest Industries
     Education and Training Authority for 2001-2002, including the
     Report of the Auditor-General on the Financial Statements for 2001-
     2002 [RP 100-2002].


 (b)    Annual Report and Financial Statements of the Insurance Sector
     Education and Training Authority for 2001-2002, including the
     Report of the Auditor-General on the Financial Statements for 2001-
     2002 [RP 103-2002].


 (c)    Annual Report and Financial Statements of the Primary
     Agriculture Education and Training Authority for 2001-2002,
     including the Report of the Auditor-General on the Financial
     Statements for 2001-2002 [RP 109-2002].

COMMITTEE REPORTS:

National Assembly:

1. The Speaker:

 The Speaker of the National Assembly, as Chairperson, presented the
 Second Report of the Rules Committee of the National Assembly, dated 14
 August 2002, as follows:


 The Rules Committee of the National Assembly having on 14 August 2002
 considered proposals for the amendment of the Rules of the National
 Assembly recommends the following amendments to the Rules:


 (1)    Replace Rules 25 and 26 with the following rules:


     Quorum


     25.
    (1)      The Assembly may proceed with its business irrespective of
         the number of members present, but may vote on a Bill or decide
         on any question only if a quorum is present in terms of subrule
         (2).


    (2)      Except where the Constitution provides otherwise-


         (a)  a majority of the members of the National Assembly must be
             present before a vote may be taken on a Bill or an
             amendment to a Bill;


         (b)  at least one third of the members must be present before a
             vote may be taken on any other question before the
             Assembly.


     Absence of quorum


26.     If the attention of the presiding officer is called to the
      absence of the prescribed quorum when a question is put for
      decision and if after an interval of five minutes, during which
      time the bells must be rung, there is still no quorum, the
      presiding officer may suspend the proceedings or postpone the
      decision of the question.


 (2)    Delete Rule 27.


 (3)    Amend Rule 243 by inserting the following subrules after Rule
     243(1):


     (1A) A bill introduced by a Cabinet Member or Deputy Minister must
     be certified by the Chief State Law Adviser or a state law adviser
     designated by him/her as being-


     (a)     consistent with the Constitution; and


     (b)     properly drafted in the form and style which conforms to
          legislative practice.


     (1B) If a Bill is not certified as contemplated in subrule (1A),
     the Bill must be accompanied by a report or legal opinion by a
     state law adviser mentioned in subrule (1A) on why it has not been
     so certified.


 Report to be considered.


 F N GINWALA, MP
 CHAIRPERSON OF THE RULES COMMITTEE
 SPEAKER OF THE NATIONAL ASSEMBLY

1. Report of the Portfolio Committee on Social Development on the Probation Services Amendment Bill [B 18B - 2002] (National Assembly - sec 75), dated 19 August 2002:

   The Portfolio Committee on Social Development, having considered the Probation Services Amendment Bill [B 18B - 2002] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 11 June 2002, p 686), referred to the Committee, reports the Bill with amendments [B 18C - 2002].

   The Committee further recommends that the Department of Social Development, before the Act comes into operation, communicate the implications thereof to other role-players in the criminal justice system who will be co-responsible for its implementation.

 Report to be considered.

1. Report of the Ad Hoc Committee on Appointment of Public Protector, dated 23 August 2002: The Ad Hoc Committee on Appointment of Public Protector wishes to report as follows:

       The Committee first met on 26 June 2002 and agreed to
       advertise for nominations for the position of Public
       Protector. Seven nominations were received in response to
       these advertisements.
   
   
       The Committee met again on 29 July 2002 to consider the
       nominations. At this meeting, the Committee unanimously agreed
       that it would be advisable to invite further nominations, and
       therefore the nomination process was reopened for an
       additional two weeks. Advertisements were placed in newspapers
       for the ensuing two week-ends.
   
   
       A further 11 nominations were received, bringing the total to
       18. At this point, however, one of the initial nominees
       withdrew, thereby reducing the total to 17 nominations.
   
   
       The Committee then met to shortlist candidates with a view to
       conducting interviews with them. A shortlist of 10 candidates
       was unanimously agreed upon.
   
   
       Interviews were arranged with these 10 shortlisted candidates.
       During this process, another two candidates withdrew their
       nominations, and a further candidate withdrew after being
       interviewed.
   
   
       The Committee was generally impressed with the high calibre of
       candidates interviewed. However, due to the limited number of
       nominations received, in view of the fact that so many
       nominees had withdrawn, and also given the significance of the
       position, the Committee regrets that it is unable to recommend
       a suitable candidate to the House.
   
   
       The Committee therefore recommends that, until the House is
       able to finalise the process of making recommendations to the
       President, section 3(4) of the Public Protector Act, 1994,
       prevails, which reads:
   
   
         "(4) Whenever the Public Protector is, for any reason,
         unable to perform the functions of his or her office, or
         while the appointment of a person to the office of the
         Public Protector is pending, the most senior Deputy Public
         Protector available shall perform such functions."
   
   
       The Committee further recommends that, in readvertising for
       the position, a range of professional publications be
       considered in order to elicit a greater response from suitably
       qualified persons, including women.
   

 Report to be considered.

1. Twelfth Report of the Standing Committee on Public Accounts, dated 21 August 2002:

 The Standing Committee on Public Accounts, having heard and considered
 evidence on the Report of the Auditor-General on the financial
 statements of the Legal Aid Board for the year ended 31 March 2001, and
 certain papers referred to it, reports as follows:


     The Committee wishes to acknowledge the good work done by the
     Chief Executive Officer and his team in turning the Legal Aid
     Board (the Board) around from where it was two years ago.


     The Chairperson, Chief Executive Officer and Chief Financial
     Officer of the Board gave evidence before the Committee on 15 May
     2002 on unsatisfactory matters set out in the first column below.


     In view of the evidence before the Committee that numerous recent
     developments at the Board have resulted in improvements not
     necessarily reflected in the latest audit report, the Committee
     recommends that the Board report to Parliament on a quarterly
     basis on progress made in respect of the areas listed below.




     Area of concern     Objective Target date
      1.     Weaknesses in control environment


             a) Staff's skills level
                All financial management posts to be filled     Ongoing
                & capacity with competent personnel. "Upgrading" of
                incumbent staff to take place as soon as possible.
                Effective change management to address resistance to new
                methods.


             b) Assessment of impact
                To determine whether systems have had the desired
                Quarterly (success) of new impact as envisaged in the
                implementation plan "vigorous" control (i.e. measurable
                progress).systems


             c) Reliable management
                All information technology systems within the Board
                Monthly information should produce accurate,
                reconcilable and reliable management information on a
                monthly basis.


             d) Accounting controls
                Board to continue with its daily bank reconciliations.
                Daily


          The accounts payable control account in the onthly general
          ledger to be reconciled on a monthly basis with the accounts
          payable sub-ledger.


        2. Contingent liability


      The settlement on amicable terms of all outstanding.
      Ongoing claims for legal services rendered on behalf of the Board
      after taxing by the courts for fairness. Backlog to be cleared.


        3. Personnel expenditure


      The general administration of personnel Continuous records and
      salary payments must be progress on brought to an acceptable
      level."baseline" results as The provision for leave pay reported
      on must be verifiable.in the 2001-02 audit Provision for bonuses
      must be made if bonuses are envisaged.


        4. Fixed assets


      Confirmation that all assets are recorded
      Quarterly on the asset register per correct location, until and
      that the existence of all fixed assets confirmed can be
      determined.


        5. Board effectiveness
      That effectiveness of the Board be ensured
      Quarterly after the departure of the incumbent Chairperson, and
      that any amendments to the composition of the Board not create
      risks during any possible transformational stages.


        6. Former TBVC states


      To close this chapter of the Board's history
      Quarterly outstanding matters in order for the Board to
      concentrate on current challenges, a written submission from the
      Board to Parliament (SCOPA) needs to be made proposing how to
      dispense with these matters.


        7. Pension Fund
      To eliminate the uncertainty regarding the Quarterly completeness
      of records and possible liability by the Board, the Board must
      pursue the matter with all relevant role-players until resolved.


     The Committee has noted further assurances by the Board, which
     will be verified by the Auditor-General during the 2001-2002
     audit, and which the Committee will monitor when dealing with the
     report on the said audit.


 Report to be considered.

                      THURSDAY, 29 AUGUST 2002

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

 (1)    The Minister of Transport on 23 August 2002 submitted a draft of
     the Administrative Adjudication of Road Traffic Offences Amendment
     Bill, 2002, as well as the memorandum explaining the objects of
     the proposed legislation, to the Speaker and the Chairperson in
     terms of Joint Rule 159. The draft has been referred to the
     Portfolio Committee on Transport and the Select Committee on
     Public Services by the Speaker and the Chairperson, respectively,
     in accordance with Joint Rule 159(2).


 (2)    The following Bill was introduced by the Minister of Transport
     in the National Assembly on 29 August 2002 and referred to the
     Joint Tagging Mechanism (JTM) for classification in terms of Joint
     Rule 160:


     (i)     Administrative Adjudication of Road Traffic Offences
          Amendment Bill [B 42 - 2002] (National Assembly - sec 76)
          [Explanatory summary of Bill and prior notice of its
          introduction published in Government Gazette No 23733 of 12
          August 2002.]


     The Bill has been referred to the Portfolio Committee on Transport
     of the National Assembly.


     In terms of Joint Rule 154 written views on the classification of
     the Bill may be submitted to the JTM within three parliamentary
     working days.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Labour:

 Annual Report and Financial Statements of the Clothing, Textile,
 Footwear and Leather Sector Education and Training Authority for 2001-
 2002, including the Report of the Auditor-General on the Financial
 Statements for 2001-2002 [RP 112-2002].

1. The Minister in The Presidency:

 Annual Report and Financial Statements of the Government Communication
 and Information System - Vote No 7 for 2001-2002, including the Report
 of the Auditor-General on the Financial Statements for 2001-2002 [RP
 140-2002].

COMMITTEE REPORTS:

National Assembly:

1. Report of the Portfolio Committee on Finance on the Collective Investment Schemes Control Bill [B 28 - 2002] (National Assembly - sec 75), dated 16 August 2002:

   The Portfolio Committee on Finance, having considered the subject of the Collective Investment Schemes Control Bill [B 28 - 2002] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 28A - 2002]. FRIDAY, 30 AUGUST 2002

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

 (1)    In the Memorandum on the Objects of the Administrative
     Adjudication of Road Traffic Offences Amendment Bill [B 42 - 2002]
     (National Assembly - sec 76), introduced in the National Assembly
     by the Minister of Transport on 29 August 2002, it is incorrectly
     stated that the bill should, in the opinion of the State Law
     Advisers and the Department of Transport, be dealt with in
     accordance with the procedure established by "section 75" of the
     Constitution. The wording should have been "section 76", as is
     correctly indicated on the front page of the bill.


 (2)    The Minister of Defence submitted the uMthethosivivinywa
     wezokuVikela [B 60 - 2001] (National Assembly - sec 75) to the
     Speaker and the Chairperson on 30 August 2002. This is the
     official translation into isiZulu of the Defence Bill [B 60 -
     2001] (National Assembly - sec 75), which was introduced in the
     National Assembly by the Minister on 4 September 2001.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Speaker and the Chairperson

 Annual Report and Financial Statements of Parliament of the Republic of
 South Africa for 2001-2002, including the Report of the Auditor-General
 on the Financial Statements for 2001-2002 [RP 163-2002].

1. The Minister of Transport:

 Annual Report and Financial Statements of the South African Rail
 Commuter Corporation for 2001-2002, including the Report of the Auditor-
 General on the Financial Statements for 2001-2002 [RP 151-2002].

1. The Minister of Labour:

 (a)    Annual Report and Financial Statements of the Department of
     Labour for 2001-2002, including the Report of the Auditor-General
     on the Financial Statements for 2001-2002 [RP 116-2002].


 (b)    Annual Report and Financial Statements of the Chemical
     Industries Education and Training Authority for 2001-2002,
     including the Report of the Auditor-General on the Financial
     Statements for 2001-2002 [RP 93-2002].


 (c)    Annual Report and Financial Statements of the Food and Beverages
     Sector Education and Training Authority for 2001-2002, including
     the Report of the Auditor-General on the Financial Statements for
     2001-2002 [RP 99-2002].


 (d)    Annual Report and Financial Statements of the Media,
     Advertising, Publishing, Printing and Packaging Sector Education
     and Training Authority for 2001-2002, including the Report of the
     Auditor-General on the Financial Statements for 2001-2002 [RP 105-
     2002].


 (e)    Annual Report and Financial Statements of the Secondary
     Agriculture Sector Education and Training Authority for 2001-2002,
     including the Report of the Auditor-General on the Financial
     Statements for 2001-2002 [RP 111-2002].


 (f)    Annual Report and Financial Statements of the Transport Sector
     Education and Training Authority for 2001-2002, including the
     Report of the Auditor-General on the Financial Statements for 2001-
     2002 [RP 114-2002].


 (g)    Annual Report and Financial Statements of the Wholesale and
     Retail Services Sector Education and Training Authority for 2001-
     2002, including the Report of the Auditor-General on the Financial
     Statements for 2001-2002 [RP 115-2002].


 (h)    Annual Report and Financial Statements of the Education,
     Training and Development Practices Sector Education and Training
     Authority for 2001-2002, including the Report of the Auditor-
     General on the Financial Statements for 2001-2002 [RP 134-2002].


 (i)    Annual Report and Financial Statements of the Construction
     Education and Training Authority for 2001-2002, including the
     Report of the Auditor-General on the Financial Statements for 2001-
     2002 [RP 136-2002].


 (j)    Annual Report and Financial Statements of the Information
     Systems, Electronics and Telecommunications Technologies Sector
     Education and Training Authority for 2001-2002, including the
     Report of the Auditor-General on the Financial Statements for 2001-
     2002.


 (k)    Annual Report and Financial Statements of the Tourism,
     Hospitality and Sport Sector Education and Training Authority for
     2001-2002, including the Report of the Auditor-General on the
     Financial Statements for 2001-2002.


 (l)    Annual Report and Financial Statements of the Diplomacy,
     Intelligence, Defence and Trade Sector Education and Training
     Authority for 2001-2002, including the Report of the Auditor-
     General on the Financial Statements for 2001-2002.


 (m)    Annual Report and Financial Statements of the Manufacturing,
     Engineering and Related Services Education and Training Authority
     for 2001-2002, including the Report of the Auditor-General on the
     Financial Statements for 2001-2002.

1. The Minister of Minerals and Energy:

 (a)    Annual Report and Financial Statements of the Department of
     Minerals and Energy for 2001-2002, including the Report of the
     Auditor-General on the Financial Statements for 2001-2002 [RP 159-
     2002].


 (b)    Annual Report and Financial Statements of the Central Energy
     Fund for 2000-2001, including the Report of the Auditor-General on
     the Financial Statements for 2000-2001 [RP 30-2002].


 (c)    Annual Report and Financial Statements of the Council for
     Mineral Technology (MINTEK) for 2001-2002, including the Report of
     the Auditor-General on the Financial Statements for 2001-2002 [RP
     92-2002].


 (d)    Annual Report and Financial Statements of the Central Energy
     Fund for 2001-2002, including the Report of the Auditor-General on
     the Financial Statements for 2001-2002 [RP 98-2002].


 (e)    Annual Report and Financial Statements of the Council for
     Geoscience for 2001-2002, including the Report of the Auditor-
     General on the Financial Statements for 2001-2002 [RP 128-2002].


 (f)    Annual Report and Financial Statements of the National
     Electricity Regulator for 2001-2002, including the Report of the
     Auditor-General on the Financial Statements for 2001-2002.


 (g)    Annual Report and Financial Statements of the Nuclear Energy
     Corporation Limited for 2001-2002.


 (h)    Annual Report and Financial Statements of the National Nuclear
     Regulator for 2001-2002, including the Report of the Auditor-
     General on the Financial Statements for 2001-2002.

National Assembly:

Papers:

1. The Speaker:

 Annual Report and Financial Statements of the Electoral Commission for
 2001-2002, including the Report  of the Auditor-General on the
 Financial Statements for 2001-2002 [RP146-2002].

                      TUESDAY, 3 SEPTEMBER 2002

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

 (1)    The Minister for Justice and Constitutional Development on 8
     August 2002 submitted a draft of the Promotion of Administrative
     Justice Amendment Bill, 2002, as well as the memorandum explaining
     the objects of the proposed legislation, to the Speaker and the
     Chairperson in terms of Joint Rule 159. The draft has been
     referred to the Portfolio Committee on Justice and Constitutional
     Development and the Select Committee on Security and
     Constitutional Affairs by the Speaker and the Chairperson,
     respectively, in accordance with Joint Rule 159(2).


 (2)    The following Bill was introduced by the Minister of Safety and
     Security in the National Assembly on 2 September 2002 and referred
     to the Joint Tagging Mechanism (JTM) for classification in terms
     of Joint Rule 160:


     (i)     Explosives Bill [B 43 - 2002] (National Assembly - sec 75)
          [Explanatory summary of Bill and prior notice of its
          introduction published in Government Gazette No 23738 of 8
          August 2002.]


     The Bill has been referred to the Portfolio Committee on Safety
     and Security of the National Assembly.


     In terms of Joint Rule 154 written views on the classification of
     the Bill may be submitted to the JTM within three parliamentary
     working days.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Home Affairs:

 The Employment Equity Report of the Department of Home Affairs for
 2001, tabled in terms of section 22 of the Employment Equity Act, 1998
 (Act No 55 of 1998).

1. The Minister of Defence: Annual Report and Financial Statements of the Department of Defence for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 162-2002].

2. The Minister of Health:

 Annual Report and Financial Statements of the Department of Health for
 2001-2002, including the Report of the Auditor-General on the Financial
 Statements for 2001-2002 [RP 154-2002].

COMMITTEE REPORTS:

National Assembly:

1. Report of the Portfolio Committee on Finance on the South African Revenue Service Amendment Bill [B 36 - 2002] (National Assembly - sec 75), dated 3 September 2002:

   The Portfolio Committee on Finance, having considered the subject of the South African Revenue Service Amendment Bill [B 36 - 2002] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendment.

                  WEDNESDAY, 4 SEPTEMBER 2002
   

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

 (1)    The following Bill was introduced by the Minister of Defence in
     the National Assembly on 4 September 2002 and referred to the
     Joint Tagging Mechanism (JTM) for classification in terms of Joint
     Rule 160:


     (i)     Anti-Personnel Mines Prohibition Bill [B 44 - 2002]
          (National Assembly - sec 75) [Explanatory summary of Bill and
          prior notice of its introduction published in Government
          Gazette No 23744 of 26 August 2002.]


     The Bill has been referred to the Portfolio Committee on Defence
     of the National Assembly.


     In terms of Joint Rule 154 written views on the classification of
     the Bill may be submitted to the JTM within three parliamentary
     working days.


 (2)    The Joint Tagging Mechanism (JTM) on 4 September 2002 in terms
     of Joint Rule 160(4), classified the following Bill as a section
     76 Bill:


     (i)     Administrative Adjudication of Road Traffic Offences
          Amendment Bill [B 42 - 2002] (National Assembly - sec 76).

National Assembly:

1. The Speaker:

 (1)    The vacancy which occurred owing to Mrs P W Cupido vacating her
     seat with effect from 1 September 2002, has been filled with
     effect from 1 September 2002 by the nomination of Mr N J J v R
     Koornhof.


 (2)    The vacancy which occurred owing to Mr J J Dowry vacating his
     seat with effect from 3 September 2002, has been filled with
     effect from 3 September 2002 by the nomination of Mr W P Doman.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Arts, Culture, Science and Technology:

 (1)    Report and Financial Statements of the Engelenburg House Art
     Collection for 2001-2002, including the Report of the Auditor-
     General on the Financial Statements for 2001-2002.


 (2)    Report and Financial Statements of the Freedom Park Trust for
     2001-2002, including the Report of the Auditor-General on the
     Financial Statements for 2001-2002 [RP 141-2002].


 (3)    Report and Financial Statements of the Natal Museum for 2001-
     2002 and the Report of the Auditor-General on the Financial
     Statements for 2001-2002.


 (4)    Report and Financial Statements of the South African Heritage
     Resources Agency for 2001-2002, including the Report of the
     Auditor-General on the Financial Statements for 2001-2002 [RP 125-
     2002].


 (5)    Report and Financial Statements of the War Museum of the Boer
     Republic for 2001-2002, including the Report of the Auditor-
     General on the Financial Statements for 2001-2002.


 (6)    Report and Financial Statements of the Iziko Museums of Cape
     Town for 2001-2002, including the Report of the Auditor-General on
     the Financial Statements for 2001-2002.

1. The Minister for Agriculture and Land Affairs:

 Report and Financial Statements of the Department of Land Affairs,
 including the Report of the Auditor-General on the Financial Statements
 of the Department of Land Affairs - Vote 28 for 2001-2002 and the
 Report of the Auditor-General on the registration of the Deeds Trading
 Account for 2001-2002 [RP 160-2002].

                     THURSDAY, 5 SEPTEMBER 2002

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Finance:

 Annual Report and Financial Statements of the Development Bank of
 Southern Africa Limited for 2001-2002.

1. The Minister of Arts, Culture, Science and Technology:

 Annual Report and Financial Statements of the Zoological Gardens of
 South Africa for 2001-2002, including the Report of the Auditor-General
 on the Financial Statements for 2001-2002 [RP 130-2002].
                      FRIDAY, 6 SEPTEMBER 2002

ANNOUNCEMENTS:

National Assembly:

1. The Speaker:

 The following changes have been made to the membership of Ad Hoc
 Committees, viz:


 Powers and Privileges of Parliament:


 Appointed: Ramodike, M N.
 Discharged: Maseka, J T.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Speaker and the Chairperson:

 Report and Financial Statements of the Public Protector for 2001-2002,
 including the Report of the Auditor-General on the Financial Statements
 for 2001-2002 [RP 89-2002].

1. The Minister of Arts, Culture, Science and Technology:

 (1)    Report and Financial Statements of the Artscape for 2001-2002.


 (2)    Report and Financial Statements of the William Humphreys Art
     Gallery for 2001-2002, including the Report of the Auditor-General
     on the Financial Statements for 2001-2002.

1. The Minister of Transport:

 Report and Financial Statements of the South African Maritime Safety
 Authority for 2000-2001, including the Report of the Auditor-General on
 the Financial Statements for 2000-2001.

1. The Minister of Social Development:

 Report and Financial Statements of the Department of Social Development
 for 2001-2002, including the Report of the Auditor-General on the
 Financial Statements of the Department of Social Development - Vote 17
 for 2001-2002 [RP 174-2002].

COMMITTEE REPORTS:

National Assembly:

1. Report of the Joint Committee on Ethics and Members’ Interests on the Breach of the Code of Conduct by the hon Mrs N W Madikizela-Mandela, MP, dated 21 August 2002:

 Present


 National Assembly


 Aucamp C (AEB)    Fihla N B (ANC)  Moorcroft E K (DP)
 Blanché J P I (FA)      Frolick C T (UDM)      Mulder C P (FF)
 Cronin J P (ANC)  Green L M (ACDP) Seaton S A (IFP)
 De Lille P (PAC)  Jassat E E (ANC) September R K (ANC)
 Ditshetelo P H (UCDP)   Landers L T (ANC)


 NCOP


 Kolweni Z S (ANC) Ntlabati S (ANC) Mushwana M L (ANC)
 Lubidla E N (ANC) Durr K D S (ACDP)      Vilakazi N (IFP)
 Mkhaliphi B J (ANC)     Matthee P A (New NP)
 Nkuna C (ANC)     Sogoni T (UDM)


 1.     BACKGROUND


 The Joint Committee on Ethics and Members' Interests met at 17:00 on 20
 August 2002 in Room V119, Parliament, to consider the recommendations
 of the panel which had presided at the hearing on the alleged breach of
 the Code of Conduct by Mrs N W Madikizela-Mandela.


 The panel was appointed at a meeting of the Committee on 8 May 2002 in
 terms of paragraph 3.5 of the Procedure for the Investigation of
 Complaints.


 2.     CONSIDERATION OF CORRESPONDENCE FROM MRS MADIKIZELA-MANDELA'S
     ATTORNEYS


 2.1    The Committee was informed that on 13 August 2002, Mrs
     Madikizela-Mandela had been advised of the recommendations of the
     panel. Mrs Madikizela-Mandela was further advised that she would
     be entitled to make representations to the Committee at its
     meeting on 20 August 2002 in respect of the recommendations of
     panel.


 2.2    On 16 August 2002 Mrs Madikizela-Mandela's attorneys, Savage
     Jooste & Adams, informed the Committee in writing that she had a
     medical certificate for the period 19 July 2002 - 31 August 2002.
     The Committee noted that the letter did not request that the
     meeting be postponed. Instead, it questioned the procedure
     followed by the panel in conducting the proceedings in her
     absence.


 2.3    In terms of section 20(a) of the Code the National Assembly must
     consider the findings of the Committee. It was noted that Mrs
     Madikizela-Mandela is entitled to make a statement to the National
     Assembly when it considers the decision of the Committee.


 The Committee agreed unanimously to proceed with its deliberations, as
 it was of the view that the panel had made its finding on the basis of
 documents before it, and noted that Mrs Mandela still had the right to
 make representations to the National Assembly before the report was
 adopted.


 3.     ADOPTION


 The Committee unanimously adopted the recommendations of the panel as
 amended.


 Recommendations of the panel considering breaches of the Code of
 Conduct by the hon Mrs N W Madikizela-Mandela, MP, dated 7 August 2002:


 Chairperson: Mr L T Landers
 Present


 Mr C Aucamp (AEB)
 Rev M Chabaku (ANC)
 Mr P A Matthee (New NP)
 Mr M L Mushwana (ANC)
 Mrs S Seaton (IFP)


 In attendance
 Ms F Mahomed (Registrar of Members' Interests), Mrs F Isaacs (staff),
 Mr D Ramurunzi (Parliamentary Legal Adviser) and Ms T Mabona (staff)


1.      BACKGROUND


 The Joint Committee on Ethics and Members' Interests, at its meeting of
 8 May 2002, agreed that a panel should be convened, in terms of section
 3.5 of the Procedure for the Investigation of Complaints, to consider
 the allegations against Mrs N W Madikizela-Mandela. The panel was
 mandated to preside at the hearing on the complaint against Mrs
 Madikizela-Mandela and to make recommendations to the Committee.


 2.     HEARING


 2.1    The hearing commenced at 10:30. By 10:34 Mrs Madikizela-Mandela
     had not arrived. The Chairperson asked the Registrar to explain
     whether Mrs Madikizela-Mandela had been properly informed about
     the hearing.


 2.2    The Registrar explained that the Joint Committee on Ethics and
     Members' Interests had agreed, at its meeting of 8 May 2002, that
     Mrs Madikizela-Mandela should be called to a hearing.


 2.3    On 9 May 2002 Mrs Madikizela-Mandela was served with a notice to
     attend a hearing to be held on 22 May 2002 at 10:30.


 2.4    Through attorney Savage Jooste & Adams, in a letter to the
     Registrar dated 15 May 2002, Mrs Madikizela-Mandela requested that
     the hearing be postponed. This request was acceded to in the
     interests of fairness.


 2.5    A notice informing Mrs Madikizela-Mandela of the revised date
     was sent to her office in Parliament and her office at the ANC
     Women's League on 22 May 2002. She was advised that the hearing
     had been rescheduled for 12 June 2002.


 2.6    Mrs Madikizela-Mandela did not arrive at the hearing on 12 June
     2002. As there was no written confirmation of service on Mrs
     Madikizela-Mandela the panel agreed that a new notice be served
     through the Sheriff of the Court to prevent any dispute on the
     service of the notice.


 2.7    Three attempts were made by the Sheriff of the Court to serve
     Mrs Madikizela-Mandela with the notice of hearing: on 16 July at
     10:00, on 17 July at 14:45 and on 19 July at 15:25. On each
     occasion Mrs Madikizela-Mandela was not present to receive the
     notice. In consultation with Mr Mushwana the Sheriff was advised
     to serve the notice to whoever was present at Mrs Madikizela-
     Mandela's residence. Mr P W Gosani, who identified himself as Mrs
     Madikizela-Mandela's personal assistant, accepted the notice on 23
     July 2002.
 2.8    On 30 July 2002, Mrs Madikizela-Mandela communicated to Mr
     Landers that the notice which had been sent to her residence had
     gone astray and requested that the notice be sent to Mpho at
     facsimile number (011) 376-8428. Mpho verbally confirmed that he
     had received the fax.


 2.9    The panel unanimously agreed that Mrs Madikizela-Mandela had
     received sufficient notice to attend the hearing.


 2.10   The panel noted that the notice of the hearing advised that
       proceedings would continue if the member did not attend. The
       panel agreed that hearings are intended to give the member an
       opportunity to present the facts pertaining to any allegation
       and that, should the member not use the opportunity to present
       the facts, then the panel must proceed with the information at
       hand.


2.11    Before proceeding the panel considered whether the sub judice
       rule applied in this case. The panel took note of the legal
       opinion of the Parliamentary Legal Advisers, which stated that,
       as the information on the bail application related to a
       concluded pretrial procedure, and the information to be
       considered by the panel concerned the bail application and not
       the merits of Mrs Mandela's trial, the sub judice rule
       accordingly was not applicable to the inquiry being considered.


 3.     ALLEGATION AGAINST MRS MADIKIZELA-MANDELA


 3.1    It is alleged that Mrs Madikizela-Mandela did not comply with
     the Code of Conduct with regard to financial interests. The Code
     of Conduct is an addendum to the Joint Rules of Parliament.


 3.2    Section 16 of the Code states that a member breaches the Code,
     if the member -


     (a)     contravenes or fails to comply with a provision of this
          Code;
     (b)     when disclosing registrable interests, wilfully provides
          the Registrar with incorrect or misleading details.
 3.3    Nondisclosure of donations received


    Section 8(e), (f) and (g) of the Code, as cited below, stipulate
     that members must disclose all gifts, hospitality, sponsorships
     and benefits.
     (e)     Sponsorships:
          (i) the source and description of direct financial sponsorship
                or assistance from non-party sources; and
          (ii)     the value of the sponsorship or assistance.


     (f)     Gifts and hospitality:
          (i) a description and the value and source with a value in
                 excess of R350;
          (ii)     a description and the value and source of a gift from
                 a single source which cumulatively exceeds R350 in any
                 calendar year; and
          (iii)    hospitality intended as a gift in kind.


     (g)     Benefits:
          (i) the nature and source of any benefit of a material nature;
                 and
          (ii)     the value of that benefit.


 3.4    Nondisclosure of financial interests or directorships in respect
     of the Winnie Mandela Family Museum
    Section 8(a) and (c) of the Code stipulates that members must
     disclose:


     (a)     Shares and financial interests in companies and other
          corporate entities:


          (i) the number, nature and nominal values of shares of any
                 type in any public or private company;
          (ii)     the name of the company; and
          (iii)    the nature and value of any other financial interests
                 held in a private company or any other corporate
                 entity.


     (c)     Directorships and partnerships:


          (i) the name and type of business activity of the corporate
                entity or partnership; and
          (ii)     the amount of any remuneration received for such
                directorships or partnerships.


 3.5    The panel considered a third charge of making a "wilful attempt
     to mislead the Committee in your response to the complaint made
     against you".
 3.6    The panel agrees that the third charge is not defined as a
     breach of the Code of Conduct and therefore cannot apply.
     Consequently, the panel recommends that the third charge be
     dropped.


 4.     CONSIDERATION OF THE EVIDENCE PRESENTED


 4.1    A copy of Mrs Madikizela-Mandela's 2001 disclosure form was
     scrutinised. It is noted that Mrs Madikizela-Mandela did not
     disclose any gifts, hospitality, sponsorship or benefits. There
     was also no disclosure regarding Mrs Madikizela-Mandela's
     interests in the Winnie Mandela Family Museum.


 4.2    The panel also considered documents received from Adv Jan
     Ferreira of the Specialised Commercial Crime Unit pertaining to
     Mrs Mandela's bail application (case number 14/9001/01), in which
     the sworn affidavit made by Mrs Madikizela-Mandela on 18 October
     2001 states, under point 5: "My expenditure exceeds my income by
     far and I rely mostly on donations from friends, supporters and
     well wishers."


 4.3    The panel also considered documents from the South African
     Companies Registration Office pertaining to the registration of
     the Winnie Mandela Family Museum CC enterprise number
     2001/044386/23. According to form CK1, signed on 21 June 2001, Mrs
     Madikizela-Mandela, ID number 3609260323089, is the sole member.


 4.4    The panel considered Mrs Madikizela-Mandela's letter of 11
     February 2002, in which she states in paragraph 1 that "the Museum
     belongs to the Mandela children and I have no personal financial
     interests in it, the books are open for inspection if you so wish.
     It is a family home like all of you have your family homes. By now
     you surely know that the matter is under litigation against
     Mandela and Motlanyana and I can say no further. For more
     information you may contact Advocate Ismail Semenya and others."


 4.5    In paragraph 3 of the same letter, Mrs Madikizela-Mandela states
     that "your question based on nonsensical speculative media
     reports, reporting to the quotes from my lawyer who were
     instructed on the very day of my arrest is inaccurate. Surely it
     is inconceivable even to an imbecile that 'I' alone can consume
     groceries of R10 000 a month that is beyond any logical thinking.
     Is it really possible for anyone even the 'supernatural' 'Winnie'
     to get donations of R50 000 per month? Lawyers throughout the
     world are known to argue anything to save their clients. I was not
     even aware that in their desperation to get me out on bail they
     inferred this type of information."


 4.6    The panel also noted that Mrs Madikizela-Mandela did not respond
     to requests for further information on 19 February 2002.


 4.7    In consideration of her sworn affidavit and the denial in her
     letter to the Committee on 11 February 2002, the Committee agreed
     that more weight must be attached to the affidavit.


 4.8    The panel also considered the nondisclosure of the Winnie
     Mandela Family Museum and noted that the Code stipulates that
     members must disclose any financial interests even if members do
     not draw benefits from them. The CK1 form regarding the Winnie
     Mandela Family Museum CC disproves Mrs Madikizela-Mandela's denial
     of ownership.


 5.     UNANIMOUS FINDINGS OF THE PANEL


 5.1    Charge no 1: Nondisclosure of donations received


 5.2    Finding: Guilty


 5.3    Reasons


     The panel finds Mrs Madikizela-Mandela guilty on the basis of an
     admission she made in a sworn affidavit and which was handed in at
     the bail application of case 14/9100/01 on 18 October 2001. To
     this end, the panel finds that Mrs Madikizela-Mandela contravened
     section 16(a) read with section 8(f) and 8(g) of the Code of
     Conduct.


 5.4    Charge no 2: Nondisclosure of financial interests in respect of
     the Winnie Mandela Family Museum


 5.5    Finding: Guilty


 5.6    Reasons


     The panel finds Mrs Madikizela-Mandela guilty of having
     contravened section 16(a) read with section 7(a) and 8(a) of the
     Code of Conduct, in that she did not disclose the Winnie Mandela
     Family Museum and her interest therein.


 6.     PENALTY


 For the purposes of sentencing, the panel recommends that Mrs
 Madikizela-Mandela be:


 (a)    severely reprimanded by the Speaker of the National Assembly;
     and
 (b)    penalised with a reduction of the equivalent of a period of 15
     (fifteen) days' salary.


 7.     FURTHER RECOMMENDATIONS


 7.1    The Committee notes that Mrs Madikizela-Mandela's non-attendance
     at the hearing may be construed as contempt of Parliament and
     therefore Parliament should consider whether any further action
     might be initiated in this regard.


 7.2    The Committee notes that Mrs Madikizela-Mandela's statement of
     11 February 2002 creates the impression that she may have misled
     the court in her bail application. The panel recommends that
     Parliament find a mechanism to deal with this matter and that, if
     necessary, it be referred to the relevant authority.


 Report to be considered

1. Report of the Portfolio Committee on Provincial and Local - The Portfolio Committee on Provincial and Local Government, having considered the subject of the Disaster Management Bill [B 21 - 2002] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 21A - 2002].

 The Committee wishes to report further, as follows:


 1.     The original Disaster Management Bill was introduced in
     Parliament during 2001. The Committee conducted comprehensive
     public hearings on that Bill and deliberated extensively on its
     provisions. However, that Bill was withdrawn in order for the
     Department of Provincial and Local Government to comply with
     section 9 of the Local Government: Municipal Systems Act, in
     particular to allow the Financial and Fiscal Commission to make an
     assessment of the financial implications of the Disaster
     Management Bill, and for the Ministry and Department to consider
     that assessment.


 2.     The present Bill was introduced in Parliament during the first
     half of 2002, and reflected all the amendments proposed by the
     Committee in respect of the Bill that was withdrawn during 2001.


 3.     The Committee notes that the Financial and Fiscal Commission has
     offered the following proposals regarding the funding of disaster
     management:


     (a)     Emergency preparedness for local government should be
          funded as follows:
          *   Start-up costs: conditional grants from national
              government targeted primarily at municipalities with
              little capacity.


          *   Ongoing institutional costs: incorporated into the
              equitable share. Such an increment must be informed by a
              study of specific financial implications.


     (b)     Prevention/mitigation should be funded as follows:


          Municipalities and provinces should apply for funding for
          specific projects, which should be assessed against the
          national priority list of disaster risks. This funding should
          be on the budget of a national department.


     (c)     Emergency response should be funded as follows:


          A portion of the Contingency Reserve should be set aside for
          immediate response for emergencies:


          *   Funding to national departments should be based upon
              expenditure incurred. National departments that are
              frequently involved in emergency response activities
              should estimate the required amount based upon past
              expenditure and should budget for such amount. Once this
              amount is exceeded, an emergency appropriation could be
              requested.


          *   Provinces and municipalities should fund emergency
              response activities up to a "financial threshold", after
              which central funding would be obtained.


     (d)     Infrastructure rehabilitation should be funded as follows:


          National departments, provinces, and municipalities should
          submit requests for reconstruction funding to national
          government. A budget appropriation should be requested, based
          upon the sum of the approved claims.


     (e)     Relief to individuals should be funded as follows:


          The three existing relief funds (i.e. the Disaster Relief
          Fund, Social Relief Fund and State President's Fund) should be
          combined and administered centrally. The funds should be
          budgeted for, and where funds are exceeded, the Contingency
          Reserve should be drawn upon. The fund should be made
          available to provinces, municipalities and non-governmental
          agencies for payment to individuals.


     (f)     The national contingency reserve should ideally be
          referred to as "central contingency reserve" to reflect its
          accessibility by all spheres of government.


 4.     The Committee acknowledges that the report of the Financial and
     Fiscal Commission is very comprehensive, and expresses its
     appreciation.


 5.     The Committee lacks the technical expertise to evaluate the
     viability of the funding proposals made by the Financial and
     Fiscal Commission. However, it urges the Ministry for Provincial
     and Local Government to give serious consideration to these
     proposals and, at an appropriate time, to report back to
     Parliament on its position regarding the respective proposals.


 6.     Notwithstanding paragraph 5 above, the Committee feels serious
     consideration should be given to the following:


     (a)     Clear principles should be determined for provincial
          governments and municipalities to access funding from the
          central contingency reserve.
     (b)     The possibility of providing funding to facilitate the
          establishment of municipal disaster management centres, and to
          provide an incentive for municipalities to get involved in
          disaster management.


     (c)     The possibility of providing funding to provinces and
          municipalities for prevention and mitigation.


     (d)     The three existing relief funds referred to in paragraph 3
          should be combined and administered centrally.


 7.     The Committee notes that, with the passing of the Disaster
     Management Bill, disasters would be declared twice - in terms of
     the Disaster Management Act and the Fund Raising Act, 1978. The
     Committee urges the executive to consider resolving this anomaly.


 8.     Whilst the Committee recognises the need to have appropriate
     command structures for units of volunteers, which includes matters
     such as insignia and uniforms, the Committee would like to caution
     against an overly militaristic approach to disaster management
     volunteers.


 9.     The Committee urges the executive to expedite the setting up of
     the National Disaster Management Centre with the requisite start-
     up funding and funding for responding to disasters, and the
     appointment of its Head, so that the national disaster management
     framework can be in place as soon as possible. It is also
     important that regulations necessary to support the successful
     implementation of the Disaster Management Act should be in place
     before the Act is put into operation.

1. Report of the Portfolio Committee on Transport on the Road Accident Fund Amendment Bill [B 27 - 2002] (National Assembly - sec 75), dated 4 September 2002:

   The Portfolio Committee on Transport, having considered the subject of the Road Accident Fund Amendment Bill [B 27 - 2002] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with an amendment [B 27A - 2002].

2. Report of the Portfolio Committee on Transport on the South African Maritime and Aeronautical Search and Rescue Bill [B 23B - 2002] (National Assembly - sec 75), dated 4 September 2002:

   The Portfolio Committee on Transport, having considered the subject of the South African Maritime and Aeronautical Search and Rescue Bill [B 23B - 2002] (National Assembly - sec 75), recommitted to it, reports the Bill with amendments [B 23C - 2002].

3. Report of the Portfolio Committee on Safety and Security on Organization of African Unity Convention for the Prevention and Combating of Terrorism, dated 6 September 2002:

   The Portfolio Committee on Safety and Security, having considered the request for approval by Parliament of the Organization of African Unity Convention for the Prevention and Combating of Terrorism, referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approve the said Convention.

 Request to be considered.

                      MONDAY, 9 SEPTEMBER 2002

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

 (1)    The following Bill was introduced by the Minister for
     Agriculture and Land Affairs in the National Assembly on 9
     September 2002 and referred to the Joint Tagging Mechanism (JTM)
     for classification in terms of Joint Rule 160:


     (i)     Agricultural Debt Management Amendment Bill [B 45 - 2002]
          (National Assembly - sec 75) [Explanatory summary of Bill and
          prior notice of its introduction published in Government
          Gazette No 23798 of 6 September 2002.]


     The Bill has been referred to the Portfolio Committee on
     Agriculture and Land Affairs of the National Assembly.


     In terms of Joint Rule 154 written views on the classification of
     the Bill may be submitted to the Joint Tagging Mechanism (JTM)
     within three parliamentary working days.


 (2)    The following Bill was introduced by the Minister for Justice
     and Constitutional Development in the National Assembly on 9
     September 2002 and referred to the Joint Tagging Mechanism (JTM)
     for classification in terms of Joint Rule 160:


     (i)     Promotion of Administrative Justice Amendment Bill [B 46 -
          2002] (National Assembly - sec 75) (official translation into
          isiXhosa: UMthetho oYilwayo oLungisayo weNkuthazo yokuPhatha
          ngoBulungisa). [Explanatory summary of Bill and prior notice
          of its introduction published in Government Gazette No 23807
          of 30 August 2002.]


     The Bill has been referred to the Portfolio Committee on Justice
     and Constitutional Development of the National Assembly.


     In terms of Joint Rule 154 written views on the classification of
     the Bill may be submitted to the Joint Tagging Mechanism (JTM)
     within three parliamentary working days.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Arts, Culture, Science and Technology:

 (a)    Annual Report and Financial Statements of the State Theatre for
     2001-2002.


 (b)    Annual Report and Financial Statements of Business and Arts
     South Africa for 2001-2002.

1. The Minister of Transport:

 Annual Report and Financial Statements of the Airports Company South
 Africa Limited for 2001-2002.

1. The Minister for Justice and Constitutional Development:

 Annual Report and Financial Statements of the Legal Aid Board for 2001-
 2002, including the Report of the Auditor-General on the Financial
 Statements for 2001-2002 [RP 161-2002].

COMMITTEE REPORTS:

National Assembly:

1. Report of the Portfolio Committee on Environmental Affairs and Tourism on the Convention for the Protection, Management and Development of Marine and Coastal Environment of the East African Region and Related Protocols (Nairobi Convention) , dated 18 June 2002:

   The Portfolio Committee on Environmental Affairs and Tourism, having considered the request for approval by Parliament of the Convention for the Protection, Management and Development of Marine and Coastal Environment of the East African Region and Related Protocols (Nairobi Convention), referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approve the said Convention.

 Request to be considered.

1. Report of the Portfolio Committee on Environmental Affairs and Tourism on the Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region and Related Protocols (Abidjan Convention), dated 18 June 2002:

   The Portfolio Committee on Environmental Affairs and Tourism, having considered the request for approval by Parliament of the Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region and Related Protocols (Abidjan Convention), referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approve the said Convention.

 Request to be considered.

                     TUESDAY, 10 SEPTEMBER 2002

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Finance:

 (a)    Report and Financial Statements of the South African Reserve
     Bank for 2001-2002.


 (b)    Annual Economic Report of the South African Reserve Bank for
     2002.


 (c)    The Address of the Governor of the South African Reserve Bank on
     27 August 2002.


 (d)    Resolutions of the Standing Committee on Public Accounts for
     2002 and replies thereto obtained by the National Treasury - Third
     Report, 2002.

1. The Minister of Public Enterprises:

 Annual Report and Financial Statements of the Department of Public
 Enterprises for 2001-2002, including the Report of the Auditor-General
 on the Financial Statements of the Department of Public Enterprises -
 Vote 8 for 2001-2002 [RP 158-2002].

1. The Minister of Labour:

 (a)    Annual Report and Financial Statements of the Commission for
     Conciliation, Mediation and Arbitration for 2001-2002, including
     the Report of the Auditor-General on the Financial Statements for
     2001-2002 [RP 82-2002].


 (b)    Annual Report and Financial Statements of the Energy Sector
     Education and Training Authority for 2001-2002 [RP 98-2002].


 (c)    Annual Report of the Public Service Sector Education and
     Training Authority for 2001-2002 [RP 110-2002].


 (d)    Annual Report of the Unemployment Insurance Fund for 2001,
     including the Report of the Auditor-General on the Financial
     Statements for the year ended 31 December 2001 [RP 117-2002].

1. The Minister of Environmental Affairs and Tourism:

 (a)    Annual Report and Financial Statements of the Department of
     Environmental Affairs and Tourism for 2001-2002, including the
     Report of the Auditor-General on the Financial Statements for 2001-
     2002.


 (b)    Protocol on the Development of Tourism in the Southern African
     Development Community, tabled in terms of section 231(2) of the
     Constitution, 1996.


 (c)    Explanatory Memorandum to the Protocol.