National Council of Provinces - 19 February 2002
TUESDAY, 19 FEBRUARY 2002 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:01.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
QUESTIONS AND REPLIES - see that book.
WELCOMING OF MEMBERS
The CHAIRPERSON OF THE NCOP: Hon members, good afternoon and welcome back to the 2002 session of this the second Parliament of South Africa under the Constitution of 1996.
I am pleased that so many of the hon members are present in this particular House. We even have the hon Mthembu here. Welcome. I am pleased to announce that we have a new permanent delegate in the NCOP. I cannot see whether Dr Van Zyl is here. She is not?
The hon Dr A Van Zyl, who represents the Western Cape province as a permanent delegate, made and subscribed to the oath before me on 13 December 2001. I would like, at this moment, to take the opportunity to welcome her in absentia to the NCOP.
NOTICES OF MOTION
Mnr A E VAN NIEKERK: Voorsitter, ek gee kennis dat ek by die volgende sitting van die Raad sal voorstel:
Dat die Raad kennis neem dat -
(1) die Nuwe NP sy dank uitspreek dat die Parlement hom daartoe verbind het dat die naamborde op die parlementêre terrein in meer tale sal wees;
(2) dit foutiewelik voor die Opening van die Parlement slegs in Engels aangebring is;
(3) na aanleiding van ons versoek aan die Parlement om dit veeltalig te maak, dit bevestig is dat dit gou reggestel sal word;
(4) die hele kwessie op die eerste vergadering van die Huishoudelike Reëlingskomitee gehanteer sal word, waarna die veranderings aangebring sal word; en
(5) die Parlement hierdeur gewys het dat hy bereid is om gehoor te gee aan die grondwetlike vereistes oor taalregte en dat dit deur ons beskou word as ‘n voorloper om ook die webtuiste van die Parlement veeltalig te maak en ‘n taalbeleid vir die Parlement te finaliseer. (Translation of Afrikaans notice of motion follows.) [Mr A E VAN NIEKERK: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move:
That the Council notes that -
(1) the New NP expresses its gratitude that Parliament has committed itself to displaying the signboards in the parliamentary precinct in more languages;
(2) these were displayed incorrectly in English only before the opening of Parliament;
(3) in response to our request to make them multilingual, it has been confirmed that they will soon be rectified;
(4) the whole issue will be addressed at the first meeting of the Internal Arrangements Committee, after which the changes will be effected; and
(5) in this way Parliament has shown its willingness to adhere to the constitutional requirements regarding language rights and that we regard this as a forerunner to making Parliament’s website multilingual as well and finalising a language policy for Parliament.]
Mrs E N LUBIDLA: Chairperson, I give notice that I shall move at the next sitting of the Council:
That the Council -
(1) notes with shock and dismay the reported case of child labour in Helderberg in the Western Cape;
(2) expresses concern at the measures taken by the farmer to ensure that the children work longer hours, which included compulsory snuff intake;
(3) believes that this is indeed contributing to the psychological destruction of the very nerve of our society - children; (4) further notes that this is in contravention and in total disregard of the labour laws of the country; and
(5) calls for stricter measures to be taken to protect the rights and welfare of children in our country.
Mnr C ACKERMANN: Voorsitter, ek gee kennis dat ek by die volgende sitting sal voorstel:
Dat die Raad -
(1) kennis neem van die deelnemende regering wat tussen die Nuwe NP en ANC in die Wes-Kaap tot stand gekom het;
(2) kennis neem dat hierdie nuwe regering van samewerking 80% van die stemgeregtigdes in die Wes-Kaap verteenwoordig;
(3) die Premier van die Wes-Kaap, mnr Peter Marais, en sy hele kabinet gelukwens met hul doelgerigtheid om die vraagstukke van armoede, Vigs, werkskepping en misdaad in die Wes-Kaap aan te pak;
(4) kennis neem dat die nuwe dinamiek wat in die Suid-Afrikaanse politiek posgevat het met die konsep van deelnemende regering verreikende positiewe gevolge vir ons land kan hê en dat dit die benadering van kantlynpolitiek in Suid-Afrika negeer as uitgedien; en
(5) ook kennis neem van die Premier van die Wes-Kaap se woorde in sy openingstoespraak toe hy gesê het:
History is littered with corpses of prominent people who
became obsessed with ``what is wrong'' and ``who was wrong''
rather than ``what was right''. (Translation of Afrikaans notice of motion follows.)
[Mr C ACKERMANN: Chairperson, I hereby give notice that on the next sitting day I shall move:
That the Council -
(1) notes the participatory government which has come into being between the New NP and ANC in the Western Cape;
(2) notes that this new government of co-operation represents 80% of the voters in the Western Cape;
(3) congratulates the Premier of the Western Cape, Mr Peter Marais, and his entire cabinet on their single-mindedness in tackling the issues of poverty, Aids, job creation and crime in the Western Cape;
(4) notes that the new dynamic that has taken root in South African politics with the concept of participatory government can have far- reaching positive consequences for our country and that it rules out the approach of politics from the sidelines in South Africa as being obsolete;
(5) also notes the Premier of the Western Cape’s words in his opening address when he said:
History is littered with corpses of prominent people who became
obsessed with ``what is wrong'' and ``who was wrong'' rather
than ``what was right''.]
Mr K D S DURR: Chairperson, I give notice that at the next sitting of the Council I will move:
That the Council -
(1) notes that -
(a) on Saturday, 16 February 2002, ten people, including members of
the clergy, were arrested and jailed during a prayer initiative
that went from church to church in Bulawayo;
(b) nine people were charged with disrupting the peace when they
prayed outside a police station; and
(c) Father Noel Scott, an Anglican priest, is charged with ignoring
the prohibition placed on a peace march by refusing to cancel
the Easter peace march which the Catholic, Anglican, Methodist
and other churches traditionally hold annually; and
(2) calls upon the authorities in Zimbabwe to stop harassing church leaders.
Mrs J N VILAKAZI: Chairperson, I give notice that I shall move at the next sitting of the Council:
That the Council -
(1) notes with appreciation the steps taken by the provinces of KwaZulu- Natal and Gauteng in their determination to fight the HIV/Aids pandemic by means of Aids nevirapine treatment;
(2) further notes that the nevirapine treatment has already started in KwaZulu-Natal;
(3) hopes that the steps taken are going to save many lives and alleviate the misery suffered by the victims and their families in our country and on the African continent as a whole; and
(4) appeals to all the health authorities concerned in all spheres of government to embark on this essential programme in a more vigorous manner of approach to prevent the unnecessary suffering and loss of lives.
CONGESTION PROBLEMS IN DURBAN PORT
(Draft Resolution)
Mr P A MATTHEE: Chairperson, I move without notice:
That the Council -
(1) takes note -
(a) of the congestion problems in the port of Durban, the busiest
harbour in Africa;
(b) that a surcharge of US$75 on each container imported and
exported through the port of Durban which is delayed for more
than 12 hours in the said port had been proposed by the
Container Liners Operators Forum (CLOF), but that it had been
agreed by the said forum to put a moratorium on the said
surcharge until 15 March 2002; and
(c) that the delays due to congestion problems in the said port have
serious negative economic consequences for Durban, KwaZulu-
Natal, South Africa and the whole of the Southern African
region; and
(2) requests the Minister for Public Enterprises to have the said situation at the port of Durban investigated immediately and to furnish this Council as soon as possible with a report as to the reasons for the said delays and the steps to be taken to rectify the situation. The CHAIRPERSON OF THE NCOP: Order! Is there any objection to the motion? [Interjections.] There is an objection. The motion will therefore become notice of a motion.
VOLUNTEERISM IN THE POLICE SERVICE
(Draft Resolution)
Mr T RALANE: Chairperson, I move without notice:
That the Council -
(1) notes that the ANC has declared 2002 the Year of the Volunteer for Reconstruction and Development;
(2) further notes that the month of February has been declared Safety and Security Focus Month, aimed at mobilising communities to volunteer their services by joining local community police forums, volunteering as police reservists, participating in victim support programmes, helping in establishing and participating in patrol units and neighbourhood watches to ensure greater policing visibility;
(3) acknowledges the eagerness with which the community of Qwaqwa, through the local community police forum, has responded to this call by donating bicycles to the police to enhance visible policing in its high crime areas;
(4) believes their response is a worthy example of the kind of volunteerism we are seeking to achieve; and
(5) further believes their volunteerism will encourage other communities to do the same.
Motion agreed to in accordance with section 65 of the Constitution.
TRAIN ACCIDENT AT KWADUKUZA IN STANGER
(Draft Resolution) Prince B Z ZULU: Chairperson, I move without notice:
That the Council -
(1) conveys its condolences to the families of victims of a terrible train accident that took place at KwaDukuza in Stanger when a passenger train ploughed into a goods train;
(2) notes that this is the second train accident in the province in recent months;
(3) further notes that the inaccessibility of the terrain complicated rescue efforts; and
(4) commends and supports the efforts of the Minister of Transport in ensuring better working conditions for rail workers and promotion of safety measures to prevent something as terrible as this accident from happening again.
Motion agreed to in accordance with section 65 of the Constitution.
RATIFICATION OF WORST FORMS OF CHILD LABOUR CONVENTION BY NEPAD MEMBER STATES
(Draft Resolution)
Ms C S BOTHA: Madam Chair, I move without notice:
That the Council -
(1) notes -
(a) that this week is pregnancy week;
(b) that there are continued reports on the abuse of children,
whether in schools, in their homes or in their communities;
(c) in particular the reported sale of a 13-year-old girl who was
sold by an 18-year-old Lesotho woman as a sex slave; and
(d) the fact that South Africa is now used as a gateway to other
countries buying children as slaves; and
(2) requests the Government to include in Nepad agreements the
requirement that all members ratify the International Labour
Organisation's 1999 Worst Forms of Child Labour Convention, which
lists slavery, child trafficking and any form of labour that is
hazardous to children's health, but which only 20 African nations
have ratified thus far.
Motion agreed to in accordance with section 65 of the Constitution.
RICHARD'S BAY CROCODILE INCIDENT
(Draft Resolution)
Mrs J N VILAKAZI: Chairperson, I move without notice:
That the Council -
(1) notes with amazement the manner in which a boy of 13 years, by the name of Nsizwazonke Mthembu, escaped the jaws of a crocodile at Lake Mzingazi in Richard’s Bay, KwaZulu-Natal, over the weekend;
(2) further notes the courage displayed by this youngster who, during the fierce attack, managed to fight back against the vicious animal by poking it in the mouth with a stick and leaving it stuck in the crocodile’s mouth;
(3) wishes such a brave, lucky boy a speedy recovery from the injuries he sustained during the fight;
(4) congratulates his friends who fought a winning battle with him; and
(5) also congratulates his parents and family members for the good fight and success of their child.
Motion agreed to in accordance with section 65 of the Constitution.
MEETING THE CHALLENGES OF SEXUAL HARASSMENT AND VIOLENCE IN SCHOOLS
(Subject for Discussion)
The MINISTER OF EDUCATION: Chairperson, members of the House, ladies and gentlemen, allow me to congratulate the National Council of Provinces on organising this debate - which is the first of its kind - and helping to break the silence that so often surrounds matters of sexual harassment, sexual abuse and sexual violence.
Women in South Africa, like their counterparts in the rest of the world, have been clamouring for years for both the public and the state to sit up and take note of what is happening to women and children. There have been numerous grass-roots movements and nongovernmental organisations that have worked tirelessly to bring this to our attention. Now it is our duty as public representatives and the state to be conscious of what is happening.
Fortunately, with the advent of democracy in this country and the new Constitution that established the rights of everyone to, I quote, ``equal protection and benefit of the law’’, the conditions are beginning to change and these matters are now more in the public domain than they have ever been before. Recently a great deal has been written about the fact that sexual harassment and violence are on the increase. While there is no way we can measure this accurately, what is clearly on the increase is the recognition that our country now has laws and practices in place which serve to protect the rights and dignity of women and children. It is these mechanisms that in turn create the space for the victims of this abuse to report these matters to the relevant state authorities. However, laws in and of themselves are not enough. These matters need to be openly discussed and debated if we are to realise and practise the inalienable human rights enshrined in our Constitution. If the Bill of Rights is to become a living thread in our lives and a part of the warp and weft of the social fabric, we must focus on these values which we need to inculcate in our society and which will ensure that these rights are upheld.
What has been most shocking for many of us has been the extent to which this unacceptable behaviour seems to be prevalent in our schools. When the victims are children, one does not stop and think of the long-standing history of the phenomenon, but one recoils at the thought that in some way one might have contributed to one child being hurt, either by keeping silent on these matters or, indeed, by failing to act in ways that could have prevented the abuse and harassment from happening in the first place.
It is true that schools all over the world face similar challenges: challenges in motivation, self-esteem, discipline, drug abuse and, indeed, sexual violence and harassment. But the prevalence of these in the rest of the world is no reason for us to sit back and relax. We are not trying to work out some sensational approach - regrettably there has been a sensational approach - or treat our country as the worst possible culprit. We cannot measure proportions; one act of violence or harassment is one too many. Therefore we have taken into account the fact that we are not dealing with the world league of culprits; we are dealing with our own standards and our own needs.
Our children look to us for protection, and it is our collective responsibility to protect them and to protect what I call their right to innocence. Together we need to create a national consciousness that sexual harassment and violence against our children - boys and girls - or, for that matter, against anyone, is unacceptable, more so because children are a matter of trust for the school system and for the community. This is unfortunately a very complex social problem in which there may be no common understanding of what constitutes harassment or of the possible devastation of such harassment to victims. Sexual harassment, by implication, is behaviour that is hostile or offensive to the recipient or to others and creates an undermining of the integrity or dignity of the individual. Such behaviour can make an individual feel uncomfortable - as many of us may have felt ourselves - unsafe, frightened or embarrassed, and may be physical, verbal or nonverbal.
The common link is that the behaviour is unwanted by the recipient and by others; it is unwarranted by the relationship and would be regarded as harassment or bullying by any reasonable person. Every child has inherent dignity - the Constitution strengthens that. But independently of the Constitution, every child has a right to dignity and has the right to have his or her human dignity respected.
A sad fact that is coming out with the increasing reports of sexual harassment and violence in our schools is that some of our teachers even believe that they have genuine and acceptable relationships with these learners. In some instances both the schools and the families of the learners condone these so-called relationships or refuse to make a complaint or accept compensation.
Sometimes when this abuse comes to light, there is an attempt to resolve the matter behind closed doors. Our society is not different from other societies. We treat sexual abuse as a kind of family skeleton to be hidden away. And, of course, that is not uncommon in other countries and other cultures too. So one offers the family some monetary compensation to make the problem, as it were, go away.
We need to fight these attempts to make abuse or harassment a private matter, something to be hidden from public view. We need to ensure that the perpetrators feel the full might of the law and of public disapproval. I think that, arising from this debate, we shall approach the Director of Public Prosecutions to ask whether it would be possible to stop a complainant from withdrawing a case of sexual abuse. The right to withdraw a case must rest with the DPP. I see some Unites States jurisdictions have done that. As hon members know, one can use pressure to have a case withdrawn from court.
Such is the nature of the problem we are faced with. And whilst the purpose of this debate or indeed the other related processes that have been scheduled to deal with this matter should not sensationalise this matter, we cannot afford, as I have said, to be complacent.
In recognising the need to reclaim and protect the right to innocence for our children, the Ministry of Education has embarked on a range of initiatives to deal with this issue, a number of them in the difficult area of changing attitudes and beliefs.
In relation to learners, we have strengthened our focus on sexuality education and on the Life Orientation/Life Skills Learning Area in Curriculum 2005, so that we can develop in learners the skills, knowledge, values and attitudes necessary for effective and responsible participation in a democratic society. We are hoping to produce a new breed of learners with not only the skills that are necessary, but also the confidence and the attitude to command respect for themselves and from others.
It is unfortunate that there are some who believe - in the Other House, not here - that we should not be talking to our children on issues of sexuality. They have even accused us of teaching our children pornography. It is these attitudes that sometimes make this issue so difficult to address successfully. Those who are attempting to frustrate our efforts need to realise that the only way in which to deal with this scourge is through access to comprehensive sexuality education which augments the education children receive from their families, religious and other communities and health care professionals. But the primary duty regarding sexuality education vests in the family and others around the children. The school supplements this, and I regret to say very often has to do more than supplement it because the families fail to do their duty.
The primary goal is to help young people build a foundation as they mature into sexually healthy adults. Such programmes respect the diversity of values and beliefs represented in the community. A recent American study shows that 60% of the schools will use an entire, comprehensive approach on sexuality, and 30% will say ``No sex - abstention’’. It is left to the sense of the community values rather than anything imposed.
In November 2000 we also introduced an amendment to the Employment of Educators Act of 1998 to make it clear that if a teacher is found guilty of having a sexual relationship with a learner at his or her school, even with the learner’s consent, the teacher will be dismissed. We are about the first country to do this. Where a teacher is involved in the rape or sexual assault of a learner of another school and is found guilty after a hearing, such teacher may be dismissed from his or her post. The intention of the legislation is to make it absolutely clear that a teacher who not only sexually abuses learners, but also has sexual relations with learners because of the power of subordination, should no longer be a teacher. It is also for this reason that the SA Council for Educators Act was enacted to set up this body, a body that licenses teachers. When a teacher is dismissed on the basis of sexual abuse of a learner, he or she will be deregistered as a teacher and may not be appointed by any person, including private providers, as a teacher. This kind of legislative commitment to root out this abhorrent practice is not common elsewhere in the world.
It is a pity that enforcement still presents us with major challenges. The failure to implement the existing legislation creates the impression that as leaders we are not committed to ridding the system of the scourge of abuse and harassment. I have already indicated to our officials that this is an area that I expect them to pay particular attention to this year. Many would have heard of the 1998 Medical Research Council study on the rape of girls in South Africa recently published in the British Lancet. The study claims that teachers commit a shocking 33% of incidents of rape against children. This was a very comprehensive survey. Unlike the NCOP survey which asked for responses, here was an actual scientific survey of more than 11 000 people. It is a very respectable and reputable way of finding out. What we need to be careful about is not to create the impression that the majority of our teachers are rapists and abusers.
This debate is important to ensure the integrity of the teaching profession and ensure that the profession enjoys esteem in our community. We look forward to the unions, the professional bodies and the SA Council for Educators taking prompt action against the minority who abuse. This is an issue, therefore, that requires of us to reflect seriously on how these statistics are matched by corresponding evidence of disciplinary measures taken by ourselves as the department, the SA Council for Educators and indeed by the teacher unions.
There is in fact very little evidence to show that we were successfully implementing our own disciplinary procedures and measures to the extent indicated in the study and other similar studies. This was highlighted in the recent NCOP public hearings conducted in the provinces, where it was found that cases that had been reported had not been acted upon or that teachers who had allegedly sexually abused learners had not been disciplined and are still in the same schools. I will be meeting the SA Council for Educators next week to decide exactly what their approach is to the sexual misbehaviour of teachers.
In the next couple of weeks I will be announcing the establishment of a special task team that will work very closely with the provincial departments of education, with teacher unions and organisations, with school governing bodies and associations and with the SACE to monitor the implementation of various legal and policy instruments in the system. A separate initiative my department embarked on was the development of a module for schools on managing sexual harassment and gender-based violence. This module has already been piloted in three provinces: Gauteng, Free State and Mpumalanga. It will this year be taken to all provinces. It is divided into eight separate workshops and provides schools with the knowledge and skills needed to deal with the different facets of sexual harassment and violence.
In 2001, together with the SA Police Service, we completed a workbook on signposts to safe schools. This workbook, which I commend to the House and is in the library, provides schools with a resource as well as a reference for action to be taken by educators, district managers, principals and school governing bodies on a whole range of school-safety-related matters. It also provides schools with strategies to improve the impact, the authority and the efficiency of school management and school services in relation to school safety. The workbook is now ready for distribution and will be sent out to all 27 000 schools in South Africa by April 2002.
Finally, in recognition of the inextricable link between the freeing of the potential of girls and ensuring equal access to education, we are currently finalising a teachers’ manual on gender equity in education to assist teachers in creating schools that are friendly to girls too. It goes without saying that no real learning in schools can take place in an environment of fear, neither can the values of the Constitution be nurtured in young South Africans in an environment where they are being flouted daily. It is essential, therefore, that we promote gender equality and respect for others in schools and ensure that these values inform and infuse all work and activities in schools.
In closing, I am reminded of the haunting words of a young child, Nokwanda, a student at Acacia Park Primary School, who, when addressing Parliament in this very room last year, called on us as politicians to do everything possible to protect and nurture our childrens’ right to dignity and safety. This little girl wrote:
When we go to school, we want to feel safe and not scared. We want to ask our teachers questions without fear. We do not want to feel ashamed when we do not understand something. We do not want teachers to beat us or scream at us. We feel safe when there are separate and clean toilets for boys and girls. We feel safe when nobody touches our bodies at school. We feel safe when we can run and tell teachers and other adults in school if there are people who touch us or beat us. We are children and like to play at break time. All playgrounds must be safe and not dangerous, particularly from outsiders. Children must not be beaten at schools. Girls must not be raped at school or anywhere. Gangsterism must stop. Drugs must stop. Children are the future and they must be protected.
Let us today in this House, for the first time in our independent democratic Parliament, commit ourselves to working together to ensure that these hopes and wishes so eloquently expressed by Nokwanda become a reality to all our children. In doing so, I would like to call on this House to make this the focus of Human Rights Day on 21 March and allow our children to reclaim their right to innocence. [Applause.]
Mr D M KGWARE: Hon Chairperson, hon Minister, hon colleagues from the provinces as well as the members of the public, girls in our schools around the world are suffering from intimidating and degrading behaviour. This problem has been highlighted in research in countries as diverse as Peru, Japan and Ethiopia. Sexual violence against and harassment of girls in South African schools is therefore no exception. However, it is a problem of sufficient magnitude to warrant immediate attention from national Government, right down to school governing bodies.
Failure on our part to accelerate our response to this challenge now may make it even more difficult in future to deal with this problem.
It is common knowledge that children who have been victimised by others or have seen others victimised by violence can have distorted memories and their cognitive functions can be compromised. Such children will have difficulty learning in school because their energies are drained from defending themselves against others or warding off their fears.
What is even more worrying is that the anger that is often instilled in such children is likely to be incorporated into their personality structures and can increase their risk for resorting to violent action in their adult lives. It is no coincidence that many adult child abusers have themselves been subjected to abuse or have witnessed violent abuse in their childhood.
How do we meet this challenge of creating a safe environment in which schoolchildren can enjoy their constitutional right to education? What strategies do we implement to creatively respond to this challenge and stop this cycle of abuse?
The natural starting point for any intervention is our schools and our teachers. The school and its officials are the one social institution outside the family with which nearly all children have consistent, ongoing contact.
Schools and their teaching staff are entrusted with the responsibility to act in the place of parents in terms of the common law doctrine of in loco parentis. Therefore they are particularly well suited for identifying endangered children, including those who are sexually maltreated. Moreover, by acting in the place of parents, schools have the responsibility to uphold the constitutional rights to dignity, equality and safety of person of their students. It can hardly be argued that children lose their constitutional rights at the school gates. Standing in the place of parents, teachers have a duty, therefore, to report all cases of sexual abuse at their schools. However, there are a number of factors that affect reporting by teachers. As a former teacher, I know that most teachers are empathetic towards abused children, but fear and a lack of knowledge may make them hesitant about reporting abuse.
Another important factor may be a lack of adequate training. This may hinder a teacher’s ability to recognise sexual abuse because many victims may not manifest any obvious external sign of sexual abuse. Even when sexual abuse is suspected, it may not always be reported for reasons related to maintaining the school’s image.
However, the most important reason why cases of sexual abuse in schools continue is that the policies on sexual harassment and violence in our schools are not spelt out in clear terms. The vagueness of our policy means that little consideration has been given by schools to the establishment of procedures in terms of which such cases can be reported and investigated. This vagueness in policy may also have serious legal implications for our democratic state. By not acting on allegations of sexual abuse, a school, and by extension our Government, may open itself to civil liability. In the United States, there has already been a case where that country’s supreme court has ruled that victims of sexual harassment and other forms of sexual discrimination in schools may sue for monetary damage.
If we are to prevent our schools from being liable for not dealing with allegations of sexual abuse, we need to clearly spell out policies on sexual violence and harassment in schools and accompany them with strong commitment from local educational authorities, strong leadership, financial support and clear targets for implementation.
Although most provincial reports on sexual violence in schools provide a demeaning indictment of the situation at our schools, we are fortunate that real opportunities exist for a change in attitude and in the response to gender violence in our schools.
There are a number of indicators of the existence of this opportunity for real change. The most important indicator is the commitment of the ruling party to the concept of gender equality in education. This commitment has found expression in a number of laws relating to gender and education, most notably the Employment of Educators Act and the SA Council for Educators Act, which make provision for the dismissal of teachers who sexually abuse children.
It is beyond dispute that the hon the Minister and his department are striving to become more effective in participating in preventing the problem of sexual abuse in our schools. Although the department should take the lead in combating this problem, the prevention of sexual violence and harassment is a responsibility that must be shared by all of us. While we are not likely to find ready-made lessons in textbooks about sexual violence and harassment, we should constantly strive to raise our levels of awareness and examine our own behaviour. [Applause.]
Ms E C GOUWS: Chairperson, let me say that I will be reading this on behalf of my colleague the hon Nelson Raju. He is unable to attend this plenary.
The Human Rights Watch produced a book entitled ``Scared of School’’ on the subject of sexual violence against girls in South African schools. Disturbed at the findings, the Select Committee on Education embarked on a nationwide tour of the provinces to hold public hearings to ascertain the authenticity of the report.
Standing committees in all legislatures were to facilitate these public hearings on sexual violence in schools. These public hearings brought to the fore incriminating evidence of high levels of illicit sexual abuse between educators and learners. That the problem exists is beyond debate.
It is not my intention to recite some of the numerous incidents whereby innocent young female learners have fallen prey to unscrupulous and immoral educators, including principals in some cases.
Not only the state, but also communities themselves, must no longer bury their heads in the sand like ostriches and pretend that the problem of sexual harassment in our schools does not exist. Responsible action must be taken if we are to stem the tide of this unwarranted assault on our moral integrity as a nation.
First of all, there is a need for the South African public to understand that the Constitution and the Bill of Rights place a high premium on the human rights of children, and especially girls’ rights to education.
For ages, gender bias kept girl children from ever receiving education in schools. Work and time-consuming chores, early marriage, pregnancy and poverty kept girls out of schools. And now, when, at long last, our girls have access to formal schooling, they become vulnerable and captive to sexual predators like wolves in sheep’s clothing.
School management, including educators in conjunction with social workers and the SAPS, have to become proactive in ensuring that schools are safe havens of learning for our girls. The Education department has an obligation to put into place clearly defined policy guidelines for the protection of female learners. Schools should have clear policies on sexual abuse in schools. The co-operation of parents in educating their children in sexual abuse and its manifestations must be elicited. Awareness campaigns in schools must ensure that no female child is caught unaware when sexual advances are made by teachers.
A well co-ordinated procedure involving police services, social services and justice should be developed. There is an absolute need for easily available counselling when it becomes necessary.
This is what United Nations Secretary-General Kofi Annan said, when he launched a ten-year initiative on girls’ education in Dakar, Senegal on 26 April 2000, and I quote:
Education is the single most vital element in combating poverty, empowering women, protecting children from hazardous and exploitative labour and sexual exploitation, promoting human rights and democracy … Education is the path towards international peace and security.
Let us not sabotage the education of our girls by abusing and harassing them. They need our protection. [Applause.]
Mr S B NGIDI (KwaZulu-Natal): Chairperson, hon Minister and hon members, the documented record of sexual harassment in schools indicates that the girl child is more of a victim than her boy counterpart. This does not exclude boys from victimisation and harassment.
I will not bore the Council with facts and figures. Suffice to say that it is indeed worrying that more than 30% of sexual harassment acts are committed by educators against girl children in our schools. This state of affairs should be reduced in our new-found democracy.
Harassment in schools may be as old as schools themselves. The increase, both in commission and reported cases - not all incidents are reported - is reason for concern. This may also be indicative of a general moral degeneration in our society. Schools are a microcosm of the general society. The ills which are evident in schools reflect the general trend and the direction in which our society is going.
The situation at present is that the sexual abuse and harassment of girls by both teachers and other students is widespread throughout the whole country. Cases of rape, assault and sexual harassment of girls by both teachers and male students are reported. Girls encounter sexual violence at schools, where they are also raped in toilets, empty classrooms, hallways, hostels and dormitories. They are also fondled, subjected to aggressive sexual advances and verbally degraded in our schools.
Girls from all levels of society and from all ethnic groups are affected by sexual violence. Sexual violence has a profoundly destabilising effect on the education of girl children, that is, there is a marked deterioration in school performance. There is a lack of concentration and loss of interest in school, and they leave school prior to the completion of their school career.
Notwithstanding various legal and statutory frameworks which are in place, I would, however, like to emphasise the following for consideration. The Department of Education, also through its provincial departments, should develop and adopt national plans which would develop guidelines to manage all forms of abuse; implement appropriate procedures with regard to educators who are perpetrators; provide funding for counselling and medical services for victims; develop a code of conduct for educators; and provide mechanisms to hold schools accountable for failure to adequately to respond to allegations of sexual violence.
Secondly, victims need to be protected from perpetrators. We need to make reporting compulsory. We need to dismiss, as the Minister stated earlier, educators who are found guilty of serious misconduct with regard to sexual harassment. Teachers facing allegations of sexual misconduct need to be separated from the learners who are alleging such abuse. Learners found guilty of sexual misconduct against other learners need to be provided with guidance and counselling for corrective measures. There should be a system of interdicts and restraining orders enforced in schools in order to protect girl children.
Thirdly, the Department of Education, maybe together with the Department of Health, needs to establish facilities to ensure that the health, emotional and physical needs of victims are catered for.
Fourthly, the justice system needs to be improved so that it becomes more friendly and more protective to victims than is the case right now.
Lastly, the South African Council for Educators and teacher unions in South Africa should deny membership to convicted sexual offenders, and be able to revoke the licences of those educators found guilty either by an administrative or a criminal tribunal of any form of sexual violence in schools. [Applause.]
Mr M J BHENGU: Chairperson, I think perhaps this issue has been in the media and it has been debated in this House. There is one conclusion that one actually comes to, and that is that we need to admit that there is a great deal of corrosion of our moral fibre in our society, and that there has to be a national programme of moral regeneration in the entire country, because what we see in our schools is actually found in other sectors in our community.
We have seen the shocking report by the select committee of the NCOP. What one gets from that report is that, as the Minister has said earlier, the state needs to take action. Actually, as far as I am concerned, there is no need to debate this issue. We just need to take immediate action. We have in Zulu an idiom, iva likhishwa ngelinye [inhumanity must be answered with inhumanity]. The perpetrator is either unqunywa umphambili noma ubhadla ejele forever or for a long period. Talking will not help. Our children at schools are suffering. The state must act, and must act immediately. If the state fails to act, the people on the ground will actually take the law into their own hands. [Applause.]
Mr J M MTHEMBU (Mpumalanga): Chairperson, on a point or order: Is it parliamentary to say ``unqunywa umphambili’’ in this Chamber? [Interjections.]
The CHAIRPERSON OF COMMITTEES: Order! I will make a ruling. I am calling on hon member Nkonyeni, while the table assistants will assist me. We will come back to the hon member’s question.
Ms N P NKONYENI (KwaZulu-Natal): Chairperson, first of all, I would like to congratulate the hon the Minister, Comrade Prof Kader Asmal, for the detailed report he has just tabled. I would also like to commend the members of the select committee who visited provinces for the public hearings, and also the Human Rights Watch for the report they have tabled, which has provoked the debate that is taking place today.
Sexual violence is rife and has always been, as the Human Rights Watch has indicated, in other provinces and in KwaZulu-Natal as well. Public hearings were not conducted in KwaZulu-Natal, but the Human Rigths Watch has indicated that this scourge is also happening in KwaZulu-Natal, in schools in particular. I would like to indicate that the hon the Minister has already responded to most of the things that I was going to raise, because I was not aware of some of the things that the department is already doing. For instance, one of my proposals was that every school’s code of conduct should prohibit any form of sexual harassment and sexual relations between a learner and an educator.
Secondly, sex education should be introduced in schools, so that both learners and educators are made aware of individuals’ sexual rights.
Thirdly, all educators should be empowered with counselling skills.
Fourthly, the Department of Education, social services, Health, Correctional Services and the Department of Justice should look into the establishment of survivor empowerment centres to deal with cases of sexual abuse, and also develop rehabilitation programmes for perpetrators of gender violence.
Tollfree numbers should be provided for survivors of domestic violence, especially in our rural areas, in order to enable them to report the cases without delay.
In conclusion, I would like to commend the hon the Minister because I heard him referring to, amongst others, signposts to safe schools, combating gender violence in schools, gender equity in schools, etc. I would like to urge the hon the Minister and the Department of Education that they should ensure that laws which have been enacted are implemented. Our children need to be protected in schools against gender violence. [Applause.]
The CHAIRPERSON OF COMMITTEES: Hon members, I will only make a ruling after we have checked whether that was an idiom, and whether and how the idiom translates in other languages. [Laughter.]
Mnr J HORNE: Geagte Voorsitter, agb Minister en lede van die Huis, seksuele teistering in skole word dwarsoor die wêreld ervaar, maar in Suid- Afrikaanse skole het dit ‘n wesenlike probleem geword wat daagliks aan die orde van die dag is. Daarom is dit goed dat daar vandag debat gevoer word oor hierdie ernstige misdryf. Dit dien vermeld te word dat daar reeds ‘n mosie aanvaar is in hierdie Huis met betrekking tot die genoemde probleem.
Die onderrig van ‘n kind staan op drie bene. Dit is soos ‘n driebeenpot. As een van die bene ingee, verloor die pot sy balans en dit kan nie meer regopstaan nie. Sodoende loop die pot die gevaar om sy inhoud te verloor. Die eerste been is die ouers. Hulle lê die fondament van die kind, en leer hom of haar die waardestelsels in die huis. Dit beteken die eerste opvoeders met wie die kind in sy lewe kennis maak, is sy ouers. Die ouers staan pertinent as die eerste opvoeders in die kind se lewe. Hul opvoedingstaak ken geen einde nie, maar is van die wieg tot die graf. Dit is deurlopend. Daarom kan die rol van die ouers nie oorbeklemtoon word nie.
Die tweede been is die kerk. Daar word die kind geloofswaardes aangeleer as deel van sy of haar vorming. Die kerk is onlosmaaklik verbind aan die kind dwarsdeur sy lewe. Daarom kan met reg gevra word: waarom is die kerk so stil terwyl hierdie misdryf astronomiese afmetings aanneem? Berigte rakende hierdie misdryf, seksuele teistering, het al in verskillende kerkkoerante verskyn, maar die kerk het nog niks daaroor gesê nie.
Die derde been is die skool. In die skool word die estetiese, die mooi, in die kind na vore gebring, en word hy of sy ontwikkel, gemotiveer en geaktiveer om sodoende eendag ‘n staanplek in die samelewing te vind.
Die genoemde rolspelers is van kardinale belang, want as een van die drie nie funksioneer nie, affekteer dit die vorming van die kind, met nadelige gevolge soos seksuele teistering wat voortydige swangerskappe in die hand werk. Dus kan ons met reg sê, die rooi ligte flikker in ons skole.
Wat ons vandag hier beleef is dat een been, naamlik die Departement van Onderwys, sy funksie verrig. Ondersoeke is geloods, aanbevelings is gedoen, planne is gemaak, probleme is geïdentifiseer, maar die ander twee rolspelers het nog nie betrokke geraak nie. Die euwel gaan dus rustig voort.
Hoewel die departement poog om hierdie misdrywe in skole te neutraliseer, berus optrede nie alleenlik by die staat nie, want dit is ‘n gemeenskapsprobleem. Dit versteur die harmonie in gemeenskappe.
Om hierdie misdryf die hoof te bied sal ‘n bewusmakingsveldtog geloods moet word sodat ouers weer hul primêre verantwoordelikheid ten opsigte van hul kinders kan besef, en aanvaar. Kerke sal moet opgeroep word om hul profetiese rol te vervul om sodoende ‘n veilige omgewing vir ons kinders te skep en te vestig.
As dit so is, kan die oproep van ons agb President, naamlik vir vrywillige werkers, gestalte kry, sodat ons skole weer ‘n ligpunt in ons gemeenskappe kan wees, en dat die skole weer vir ons kinders ‘n veilige hawe kan wees, sodat ons uiteindelik sal kan sê: hierdie skool staan in die teken, sodat dit met ons kinders goed mag gaan. [Applous.] (Translation of Afrikaans speech follows.)
[Mr J HORNE: Hon Chairperson, hon Minister and members of the House, sexual harassment in schools is experienced throughout the world today, but in South African schools it has become a substantial problem which has become the order of the day. It is therefore good that we are debating this serious misconduct today. It should be mentioned that a motion has already been accepted in this House with regard to the problem in question.
The education of a child rests on three legs. It is very much like a three- legged pot. If one of the legs gives way, the pot loses its balance and cannot stand upright any longer. Consequently the pot faces the danger of losing its contents.
The first leg is the parents. They lay the foundation of the child and teach him or her the value systems in the house. This means that the first educators the child meets in his or her life are its parents. The parents are clearly the first educators in the life of the child. Their education task knows no end, but is from the cradle to the grave. It is ongoing. For this reason the role of the parents cannot be overemphasised.
The second leg is the church. Here the child is taught religious values as part of his or her moulding. The church is inextricably bound to the child throughout its life. Therefore one could rightly ask: why is the church so quiet while this misconduct is reaching astronomical proportions? Articles regarding this misconduct, sexual harassment, have appeared in different church papers, but the church has not said anything about this yet.
The third leg is the school. At school the aesthetic, the beautiful, is brought to the fore in the child and he or she is developed, motivated and activated to take their place in society one day.
The mentioned role-players are of cardinal importance, because if one of the three does not function, it affects the moulding of the child with detrimental consequences such as sexual harassment which could lead to premature pregnancies. We can therefore rightly say that the red lights are flickering in our schools.
What we are experiencing here today is that one leg, namely the Department of Education, is performing its function. Investigations have been launched, recommendations have been made, plans have been made, problems have been identified, but the other two role-players have not yet become involved. The evil therefore continues untroubled.
Although the department aims to neutralise these misdeeds in schools, action does not rest with the state only, because it is a community problem. It disturbs the harmony in the community.
To stem this misconduct an awareness campaign should be launched so that parents can once again realise and accept their primary responsibility in terms of their children. Churches should be called upon to fulfil their prophetic role and, by so doing, to create and establish a safe environment for our children.
If this is so, the call of our hon President, namely for volunteer workers, can take shape so that our schools can once again become a beacon of light in our communities and that the schools can once again become a safe haven for our children so that eventually we will be able to say: this school stands as an example, so that it can go well with our children. [Applause.]] Mr I SEGALO (Free State): Chairperson, there are four issues that the Free State would like to deal with in relation to sexual violence and harassment in the schools, namely: the role of parents, the role of principals, the role of school governing bodies and the role of the departments of education in the provinces.
It is becoming increasingly clear that if we want to deal with the problem of sexual violence and harassment in the schools successfully, we will, amongst other things, need to work out, at a national level, an awareness- raising programme focused on the parents.
Going through the reports from most of the provinces, one thing becomes clear, and that is that parents of children coming from poor families often bless these relationships or love affairs between their daughters and teachers. Worse even is that when such cases are reported, such parents either keep silent or defend perpetrators by treating such problems as family matters. It has also become clear that in such relationships perpetrators are breadwinners, or sources of income to the affected families.
It is a well-known fact that our education system values the role of parents in the school system, as well as in the education of their children. Maybe we should even go as far as to suggest that action must be taken against such parents, especially in cases where there is evidence.
The role of parents of learners in this whole problem also brings into focus the role of our school governing bodies. One thing that also became clear in the Free State was that in almost all cases reported during public hearings it was evident that school governing bodies had no knowledge of such cases.
Principals also did not even bother to inform members of school governing bodies, even when such cases had become public knowledge during public hearings. There was no sense that school governing bodies of the affected schools were following up on such problems. It is, however, encouraging to see that in some of the provinces, as contained in the report, school governing bodies were taking part to resolve such problems in their schools.
Our province has worked out a plan to empower and capacitate members of school governing bodies so that they will be able to discharge their duties and tasks efficiently. Associations of school governing bodies in our province have also identified this problem, and they are also working hard to empower their affiliates so that they will be able to mobilise parents and participate actively in the education of their children.
We cannot leave the role of principals and the Department of Education behind when we develop solutions to this problem. Principals are at the centre of school organisations. Our experience in the Free State is that when one considers schools which perform well, one will always find strong, competent and effective managers, or principals, in such schools, principals who are able to take responsibility and maintain discipline in their schools. Equally so, in schools that do badly, one will always find principals who do not care, who are lazy and not innovative.
During our public hearings, it became clear that some principals were colluding with teachers, or perpetrators, to sweep reported cases under the carpet. In some cases principals themselves were perpetrators. It is our view that in order to find a solution to the problem of sexual violence and harassment in schools, any programme we put in place should also focus on principals.
Some of the principals do not even bother to inform the Department of Education. But in situations where our education departments in provinces know about such cases, managers of our departments and education MECS should be encouraged to take strong action against perpetrators.
It is disturbing to read in reports from other provinces that our education departments simply transfer perpetrators to other schools. That is not a solution, because the problem is just being transferred to another school. In the Free State our education MEC and the department of education promise to follow up on all those cases and take tough action against perpetrators. This morning I got the information that our department has already suspended some people involved.
We would also like to make some recommendations, as the Free State, which we think should be taken into account when solutions are worked out: that the department of education at the provincial level, in close co-operation with the Department of Social Development and the SA Police Service, should conduct a further inquiry into this matter; that every school’s code of conduct should prohibit sexual harassment and sexual relations between learners and educators; that sex education be encouraged so that learners have information about sexual harassment; that provision be made for those who want to volunteer information in camera during future public hearings; that social workers be appointed or visit schools regularly to detect tendencies of sexual violence; and also that school health services be strengthened so that school health nurses visit schools regularly. In conclusion we would like to express our gratitude and appreciation to the leadership of the NCOP and members of the education select committee, in particular the chairperson, Mr Kgware, and Mr Raju for the manner in which they co-ordinated with our province during the public hearings. The people of the Free State really appreciated the public hearings and the role of the NCOP, and the people are, in fact, asking for more public hearings. [Applause.]
Ms B D CREECY (Gauteng): Chairperson, the public hearings that the provinces conducted on sexual harassment have highlighted a serious problem in our society, a problem that has flourished in a culture of silence for many decades, a silence fuelled by social prejudice and pressure that prevent principals and school governing bodies from tackling it head on.
The high incidence of rape and sexual violence against children in our society has been well documented. According to the 1998 SAPS Child Protection Unit statistics, rape constitutes one third of all serious crimes against children in our country. The hon the Minister has already alluded to the 1998 report that found that one third of all child rapists were teachers. This does not make all educators rapists. There are tens of thousands of educators that are deeply sickened by the unethical behaviour of a minority of their colleagues.
Teenage boys also play a role in sexual harassment and violence in schools. Our public hearings found that they play a substantial role in teasing, harassing and, at times, gang-raping girl students on school premises and on the way to and from school.
The effects of sexual violence and harassment on girl learners are devastating. Apart from the physical and psychological trauma the girls suffer, there is the spectre of unwanted pregnancies and sexually transmitted diseases including HIV and Aids. Many girls report that after sexual attacks they are unable to concentrate. They feel fear and shame. Some of them are forced to sit in classrooms with their assailants. The result is that many of them drop out of school long before they reach matric.
The impact on the school as an institution is also devastating. Conflicts develop between principals and educators and amongst educators and learners; learners take sides with victims or with perpetrators and school communities are torn apart. Respect for authority and discipline breaks down and the culture of teaching and learning is undermined.
As the hon the Minister has already pointed out, regulations to the South African Schools Act and the code of ethics of the SA Council for Educators specifically prohibit relationships between educators and learners. The Sasa regulations also prevent sexual harassment and violence between learners.
Yet principals and school governing bodies by and large remain paralysed in the face of this problem. One reason for their inaction does lie within the incomplete transformation of the criminal justice system in dealing with sexual offences, but perhaps as important are the social prejudices and pressures which lead school management to trivialise these offences. In the words of one 17-year-old learner:
I think they, the school administration, don’t really know how it affects us. Maybe to them it’s a big joke, but to me - it is not to me. I was not laughing or playing. It really bothers me.
The structures of our society which make boys and men dominant and girls and women subordinate create a culture of entitlement. This culture of entitlement leads some male teachers to exploit their position of trust and authority for sexual favours. It causes school management to turn a blind eye to serious breaches of professional ethics. It results in parents failing to support their daughters in the face of abuse or agreeing to cover up the shame to the family name with fines or other financial incentives.
The hearings that have taken place so far have documented the scope and nature of this problem. They have also documented the failure of educational institutions and authorities to deal effectively with sexual abuse in schools. Next month in Gauteng we will hold hearings that focus on solutions to this problem. We will be engaging principals, educators, students and parents in a public debate on why existing measures have failed to stop sexual harassment and violence. We will be asking them to consider what steps need to be taken to help everyone concerned to have more confidence in dealing with this matter.
Our committee’s preparatory policy research suggests that while regulations and protocols exist, these are generic in nature. They do not spell out exactly what sexual violence is or what harassment is. There is little in the existing law that forces school management to follow regulations and protocols. There is no sanction for administrations which fail to protect girl learners in the first place or refuse to act decisively once they have been violated. I am told that 15 years ago this problem was widespread in British schools. It was stopped by making offences and protocols clear, simple and user- friendly and by promoting a culture of zero tolerance for sexual offences in schools. We look to the hon the Minister and his department to spearhead such a campaign so that all girls may enjoy their right to learn without fear. [Applause.]
Ms N JAJULA (Eastern Cape): Chairperson, the subject under debate today touches the hearts of the majority in South Africa. I will not go into details with the reports and so on but I need to share the idea of realising the challenge that is facing South Africa today. It has been happening for some time, but looking at the statistics attached to the matter we are debating, it appears to be increasing by the day.
The teaching profession, noble as it is, is being penetrated by people who infect the profession with this behaviour. The most unfortunate situation is that when parents send a child to school, they are sending that child in order to build that child to be a future leader of a future nation and to contribute to the socioeconomic situation of the country. But the end product, due to the matter under debate today, is that zombies are being created at our schools.
The child that has been frustrated and humiliated - the Minister indicated several actions that are defined under sexual violence - dies immediately after the act. Therefore that child will never survive for the next few years that lie ahead of him or her.
The situation of sexual violence does not choose whether one is male or female. We visited some schools where the boys were actually harrassed by teachers at those schools - little boys at the age of eight. As we were talking to them, tears were flowing down their cheeks. The challenge is: Where do we get our future leaders as South Africans?
We are faced with a situation where society has denied the child a space to survive and the right to grow up as a person. We are challenged, and it is a special challenge to our men in this country. It is time they took the lead in actually driving the processes of eradicating this scourge.
It does seem to be focusing on who the ladies are that are driving this process. But the situation has got to be driven by our male counterparts in the whole of South Africa. For us, in order to gain back the values and norms of society, we need to stand together as South Africans, from all organisations and all sectors, and find a solution to the situation. And the solution is, first, introspection. What is our contribution? What have we done in order to correct the situation, as a person, father, mother or uncle? This shifts it altogether from the teaching profession and says that they are the people, but one must check one’s relationship with that teacher. Am I not linked to that person in one way or another? And what have we done in order to correct that person?
The laws and policies from the Department of Education are clear on the situation. But what is more serious and uncomfortable is: Why are those not implemented, in order to bring the perpetrators properly to book? Therefore I think the Department of Justice and Constitutional Development has got to fast-track, to make sure that the law is implemented.
At the same time, the Department of Education is not doing a favour to the victims by suspending the perpetrator. This is comfortable cossetting of the person with a comfortable salary, staying at home and gaining more money, while doing nothing. It is time that we found a way to suspend the person without pay. [Interjections.] Let the person feel the pain that the victims have suffered for many years.
We have seen as perpetrators teachers that are knowingly and wittingly infecting these children with HIV-positive blood. What is the objective of doing that? It is killing the nation.
We have seen children who were good, focused science students. Today, this year, on a follow-up visit from the Eastern Cape, they are not at school. The teachers are sitting at home, comfortable with a comfortable salary. I think it is time we found a way to fast-track the suspension. The ill- treatment by these people should not be sympathised with. And an end to this should be realised by all of us. The department should ensure that in all institutions under its control, at all levels, the victims should not be victims of all circumstances at all levels.
They have to be protected, and if anyone is found to be protecting the perpetrator at the expense of the victim, action must be taken against that one as well, because the laws are clear. Therefore it is time that we, as South Africans, together from all sectors, especially the teacher organisations - some of which are protecting perpetrators at the expense of the principals that are reporting these issues - stood together and fought this uncomfortable situation that is being created all over the country and restored the dignity and ethics of the teaching professions. [Applause.]
Mr J M MTHEMBU (Mpumalanga): Chairperson, hon Minister, it is indeed a pleasure for us to be part of this important discussion. We would like to indicate that we see this problem as a societal one. Indeed, it is not a problem that is limited to our schools. Those of us who were engaged in these public hearings have heard of hair-raising stories, related by kids and members of communities, that, indeed, some people who are fathers to some of the children abuse them.
We have heard of instances of uncles abusing their own little ones. We have heard of ministers of religious groups abusing children, learners abusing other learners, workers abusing learners, perhaps because the learners find themselves destitute. Indeed, those who think that they have money will then do everything in relation to the bodies of those learners and get away with murder.
Therefore, as the Mpumalanga province, we are of the opinion that we should not limit our focus to teachers only. That is unfair because, indeed, all of us, particularly men, seem to be engaged in these activities. At least 99,9% of the harrowing acts we heard about seemed to be perpetrated by the species called men. Very, very few, if any, perpetrators during our public hearings happened to be women. Very few! I am not very sure that there were any. Therefore, in our approach to deal with this matter, we must ensure that men are part of the solution to this problem.
Indeed, we have called a consultative meeting in Mpumalanga to try and look at what it is that has gone amiss with us as a society. We have called on nongovernmental organisations, community-based organisations, churches, professional bodies including the unions and departments, including the Department of Education, to find ways and means of dealing with this matter. We are happy to pronounce that we have come up with a partnership against all forms of abuse in Mpumalanga - a partnership not only against the abuse of little kids who are of school-going age, but also against the abuse of women, because, as we have said, the children of school-going age who are abused are from the female species, and indeed, it is no accident that in later years, when they are adult women and mothers, they then continue to suffer the same indignity.
Therefore we have decided to take this whole matter holistically and accept that, indeed, there seems to be a problem with the power relations that define males and females, not only in this country, but in the whole world. We have to deal effectively with those power relations. We have got to declare sexual violence a priority crime.
We fully concur with the Minister and everybody else who says that anyone who sexually violates any person has, indeed, violated the human rights of that person. Therefore, that person should not find it easy to get paid. He should not. That person should also not find it easy to get out without first being successfully prosecuted for many, many years and, indeed we should throw the key away.
We are saying that there should be an integrated approach between the various departments: the Department of Education on matters educational in relation to the sexual violence; the department that deals with social welfare; the Department of Justice; and the department that includes the police. That interaction should find concrete expression at a local or municipal level through the establishment of victim-empowerment centres. This is because, throughout the length and the breadth of our province, when we went on public hearings on this matter, there was nowhere for teachers to go who see kids faced with this problem and also nowhere get help and counselling. Indeed, teachers who tried to intervene in this matter had their lives threatened by the perpetrators. There was nobody ready to assist them when they were visited at night by the perpetrators and when indeed the perpetrators had been thrown to the police.
We are therefore suggesting to the Minister and this august House that there should be trained teachers who can deal with issues of counselling in the schools, because already we have identified this as a problem. We should, indeed, at least budget for teachers who will actually be doing the counselling, not only of the kids but also of teachers who need counselling after trying to assist kids who have been violated.
We therefore suggest also that there should be a provincial and national men’s indaba at which this main species, that is supposed to be the perpetrating party, comes together and really relooks at itself. Those of us who are saying we are not doing this, must then be heard to be saying, ``We are not doing this.’’ We must also come up with ways and means of assisting our kids and assisting our women who get abused almost every day.
We concur with other speakers that all those who are found, particularly in the Department of Education, to be engaged in these exercises of sexual abuse, should not be transferred to other schools, as we have found in our province, but should be dismissed. We fully agree and we concur with the Minister.
We also suggest that there should be a campaign of sexual rights awareness in the country - a broad campaign that tells us what sexual rights are and how sexual rights relate to the broader context of human rights. Indeed, in this regard in our province, we have established a task team at provincial level that will ensure that task teams are formed at district levels and at municipal levels to ensure that the communities are galvanised around these issues so that the communities can indeed, as the Minister has said, ``break the silence on these issues of sexual abuse’’.
If we had more time we would have continued, but seeing that we have only been allocated 10 minutes, we will therefore give way to other speakers. [Applause.]
Rev M CHABAKU: Madam Chair, hon Ministers that are here, hon members, MECs and visitors, allow me to begin my speech with a quote from a young girl who had just experienced a gruesome act of sexual violence not far from her school:
I survived and yet I wish I had died. I cannot cope with fear, the recurrent nightmares of my life being at risk. I cannot close my eyes to sleep. I am scared if I do I won’t see someone trying to creep up on me. So I lie there until I am too exhausted to keep them open.
This is a clear reflection of a shattered soul. It is one girl’s story that tells the story of many other children who have experienced the same ordeal, who have been innocent victims of sexual violence, abuse or harassment in our society. This is a cry of an innocent child who has been robbed of her innocence in a brutal way and, possibly, who may not live like a normal girl of her age for she is always in constant fear.
Is this the kind of life we want for our children? What can we do as Government, as leadership, as a nation, as a society, as communities and as parents to deal with this kind of unacceptable immoral act which is on the rise, with our children being the victims? Surely, we cannot sit back and do nothing, hoping that things will change on their own? Children at school have been common targets of violent sexual acts recently. The number of reported cases is escalating to a point at which one wonders what is happening in our society. Research conducted has shown that sexual violence at schools is on the rise, the largest group of perpetrators being the teachers.
In my province the following has been noted: Sexually harassed learners drop out of school to avoid embarrassment, learners mistrust school educators, school authorities fail to respond and learners think it is acceptable to have sexual relationships with educators. The list is endless.
When I read the report on sexual violence in my province, I asked myself the following questions: Has the moral fibre of our society thinned so much that teachers are no longer the parents and protectors of our learners at schools? Are they no longer guardians of our children in our absence as parents? They have now become the perpetrators and predators of these immoral acts.
I have been reminded about the events during the 1960s in a small Free State town called Excelsior, when some farmers went on the rampage and raped children and female workers on the farms. Fearing being beaten or evicted, they succumbed. The media exposed this horror. Children’s names and faces appeared in papers, but the names and faces of the farmers were never mentioned. Some of the farmers committed suicide. Others received light sentences. One 54-year-old claimed to have been enticed by an eight- year-old.
Children are supposed to be protected, guided and taught the difference between what is right and what is wrong. One must give them a chance to be children, and not rob them of their youth and innocence, so that they can grow up and be responsible adults who will have the wisdom to distinguish between what is wrong and what is right.
Schools are supposed to serve a distinctive constituency and play a particular educational and socialising role with respect to young people. They are supposed to provide the foundation of a general education, as well as more specific knowledge and skills that pre-empt youth. They are supposed to provide for a safe and secure environment for our children. But, recently, the contrary, the opposite is happening.
We have to work together as a unit, as different political parties, as society at large in dealing with this challenge. We have to set in motion programmes which aim to protect our children from sexual violence. These programmes have to be integrated into normal school curriculums. They should be designed to enhance protective measures, targeting all forms of abuse.
In a recent African-American weekly publication called The Final Call of 22 January 2002, they tested the top ten TV programmes that are watched by African-Americans in the United States. I have distributed copies to some hon members around here. The irony of it is that contrary to what is happening in South Africa, none of those people watch The Bold and the Beautiful or Days of Our Lives, and yet our people stay glued to such morally degenerate shows. These are the kinds of shows that mislead our youth and confuse them to the extent that they also feel the need to compete with these programmes which show bedroom life in broad daylight. These programmes encourage children to mimic what they see on TV, no matter how morally misleading those things are.
This is where our positive desire to learn and be part of the world is cheaply exploited. These shows do not enhance our Africanness. They deceive and corrupt our young people by portraying sex as the main thing in life. Sex is a precious gift from God for consenting adults within marriage. [Interjections.]
The media is really a good tool to promote moral values. The media can also play a vital role in this war against sexual violence and towards changing perceptions about sex and restoring morality in our society. The media can help create awareness, and it is a powerful instrument which can be used to fight the degradation of our moral fibre, which makes people take sex for granted to the point where they do not see anything wrong with sexually violating others, in particular our children. In a nutshell, the mass media can assist in setting the agenda for broad communitywide awareness, promoting our dying values and inculcating respect for humanity and children’s rights.
The children of today are our future. They are our present and our tomorrow. If we invest in them, we are investing in the future of our society. But if we destroy them, we are destroying our future, the very nerve of our society and we will be to blame. Let us value our children, they are the sons and daughters of the soil. Let us love and not abuse them. It is time we stood up to these teachers and other adults, such as paedophiles, and all males who abuse and exploit children. Let us rise up and be the voice of the voiceless children. Our actions of today will impact on how they will learn tomorrow.
These offenders can change their behaviour and take responsibility by taking care of the scars they have caused on the lives of our national treasure.
Abantwana bethu! Izwe lethu! [Our children! Our land!]. [Interjections.] [Applause.]
Ms J MASHAMBA (Northern Province): Chairperson, hon Minister, hon members of the House, I am pleased to share our experience of sexual harassment and violence in schools as manifest in the Limpopo province. [Interjections.]
My preamble should, however, not be misinterpreted as to mean that I derive pleasure from learning about sexual offences perpetrated against schoolgirls. On the contrary, my pleasure emanates from the fact that for the first time the issue of sexual violence in schools has been put high on the agenda of important organs such as the NCOP.
Hon members will recall that in July 1999 Minister Kader Asmal announced in his call to action nine educational priorities aimed at the revitalisation of the South African education and training system. The Minister condemned the unacceptably high level of violence in general, and sexual harassment in particular, within our schools.
The challenge that faces us as public representatives therefore is to reclaim our schools as centres of peace, tranquillity and stability, which aspects are preconditions for effective teaching and learning. It is commendable that this House has selected sexual violence in schools as an intervention focus.
One of the reasons school-based sexual violence should be chosen as an area of focus is that schools are the most important institutions for youth development. After the family, the school is arguably the most important space for young people to establish relationships, values and the basis for future life choices. The school becomes an even more important site as a child enters early adolescence and family influences are challenged and diluted by peers and other external factors.
Although there is a significant lack of data on this issue, there is a generalised perception that violence within schools is increasing. The current lack of proper safety and security measures within most schools undermines the ability of schools to achieve their educational and developmental objectives. There is a general universal agreement amongst people of all social strata that schools are an important focus for social change.
If schools were effectively transformed, they could become a significant shop floor for positive social change, especially in a country like ours where in the past schools have been used to perpetuate the obnoxious system of social injustice, inferiority and superiority complexes, racism, intolerance and all kinds of societal vices one can think of.
Coming back to the situation analysis as it relates to sexual violence in the Limpopo province, there are 20 sexual abuse cases which have been reported throughout the seven regions of our province. Out of the 20 cases referred to above, five disciplinary hearings have been concluded so far. Four educators who were charged with the sexual molestation of schoolgirls have since been dismissed from service, and we are currently awaiting a report on how one of the finalised cases has been resolved or concluded.
In one instance an educator passed away - may his soul rest in peace - before the case could be finalised. Disciplinary hearings for the other 14 cases of sexual abuse of learners are scheduled to be concluded between this month and the end of March 2002. We have in all instances ensured that the rights of suspects are respected in terms of the Constitution, the Labour Relations Act and any other relevant legislative framework and/or regulations relating to the procedures to be followed when handling such cases.
Ukunquma umphambili [castration] should not be the route to go. We believe that a nation of an eye for an eye will only make our world blind. So I would like to say to my brother over there that we should not go that route. Let us use the voice of reason.
The cases I have referred to relate to incidents of rape in the broader context of sexual intercourse between male and female without the express consent of the latter. There are, however, numerous sexual abuse incidents such as sexual intercourse between male adult educators and minor schoolgirls. In one instance, a 50-year-old principal sexually abused a 12- year-old Grade 6 primary school girl under the guise that they were in love.
There are instances in which educators denigrate schoolgirls by fondling their breasts, pinching their buttocks, kissing them, etc. More often than not, such cases are not reported because our children have not been educated on the various forms of sexual abuse and their right to report such abuse to the powers that be. We will therefore need to go on a vigorous civic education drive to teach our children, parents and ordinary members of the community about their basic human rights as enshrined in the Constitution.
The same goes for sexual abuse perpetrated by schoolboys against schoolgirls. We need to educate schoolboys not to see girls as sex pets or objects of gratification, but rather as their sisters and colleagues, who are not less life-loving than they are and who are their equals.
Much as one would have liked to delve into other categories of school violence, time limitations negate this. However, one may point out that in the Northern Province incidents of educators assaulting learners corporally, despite the outlawing of corporal punishment, are rife. In the province we had 12 cases of violence in schools, ranging from corporal punishment to educators pointing firearms at learners and colleagues. In one instance we had an educator shooting and killing a principal.
One widely reported case is the one involving an educator who was punishing a learner with a stick when a wooden splinter pierced the eye of another learner, and that learner, as we speak today, has an irreparably damaged eye. The educator in question has since been dismissed and disciplinary cases against others are under way. I want to say that I was so annoyed when I received an appeal from this educator, who said that she was appealing because her intention had not been to hurt the said child, because she had been aiming at another child. I dismissed that appeal. It was senseless.
However, we are the first to admit that more often than not cases have dragged on a long time before being finalised. The delay in the finalisation of cases has in the main been caused by understaffing of the labour relations unit at both the provincial and regional level. I also want to say that in some instances one finds that men protect one another, because people who are in labour relations units are mostly male. When a case comes and the perpetrator is a man, there is that solidarity, which is very unhealthy.
I am, however, pleased to announce that the restructuring of the department’s organogram has been completed and the labour relations unit will receive our top priority in ensuring that cases of the perpetrators of these horrible crimes are concluded expeditiously. It must, however, be noted that in all sexual offence cases the suspects are suspended as soon as formal charges are brought against them. I have indicated that there have been 20 cases reported. This is just the tip of an iceberg. In most instances, the sexual abuse of learners … [Time expired.]
Adv A H GAUM (Western Cape): Chairperson, the prevalence and extreme nature of sexual abuse and sexual harassment of children have over the last few months sent shockwaves throughout our country and left us with a sense of disbelief, anger and numbness. One of the most beautiful things in life has become one of the ugliest symptoms of a sick society. One can only imagine the damage done to children who are exposed to these destructive elements. Recently, shocking statistics for 2001 were made public by the Child Protection Unit of the SAPS, demonstrating the destructive effect of child abuse with regard to distorting the social and emotional development of children.
Judging from these statistics, the tendency for children to direct violent acts, including sexual abuse and sexual harassment, onto other children is prevalent and escalating. For various reasons, victims of child abuse often say nothing about what has been or is being done to them but simply suffer in silence. Therefore, putting a stop to child abuse, and in particular sexual abuse and sexual harassment of children, requires everybody’s purposeful action.
The protection of children is not the responsibility of statutory and formal welfare organisations only, but the legal duty of every citizen. All of us must accept joint responsibility for our children. Are people responsive to the more serious acts of sexual abuse as we have recently seen in news reports, ignoring other forms of this problem, or are they just ignorant? Should not everyone be informed about and sensitive to all forms of sexual harassment and put a stop to it, where initial signs of sexual harassment emerge?
To address the problem, everyone concerned should be well informed about how to deal effectively with incidents and be enabled to identify sexual harassment in its various forms of unwanted physical, verbal or nonverbal conduct of a sexual nature. My department has undoubtedly the vital role of addressing all forms of sexual abuse and sexual violence.
The issues of sexuality and sexual abuse are addressed in various ways. Firstly, life orientation is a compulsory and examinable learning area in the new curriculum. All schools must offer this learning area and we will see to it that it is implemented. It is important to understand that sexuality and sexual harassment are not matters that should be seen and dealt with in isolation. They form part of the total life experience. Programmes that deal with this issue will have to take this into consideration.
This programme addresses the development of life skills but also sexuality education, including sexual harassment and sexual abuse in general. Over and above this, these problems are also dealt with in the HIV/Aids programme in our schools on which we will spend approximately R11 million in the next financial year. Over and above the formal education programmes that are directed at this serious issue, educators, school medical personnel and social workers are required by law to respond to signs of child abuse in terms of section 15 of the Child Care Amendment Act of 1996. To this end, the Western Cape education department and other concerned parties have compiled a policy document called, ``Abuse No More’’, dealing effectively with child abuse. The document provides guidelines on how to deal properly and effectively with incidents of child abuse and how to protect the rights of learners, particularly their right to safety and personal security. A copy of this document, a summary of it and a training video were distributed in all the institutions of the Western Cape department.
An awareness campaign was launched by the end of 2001 and by 20 February 2002 parents, governing bodies and educators will have been informed and sensitised with regard to this policy. Training is ongoing to ensure the effective implementation of the specified reporting and managing procedure in dealing with instances of child abuse. The policy document distributed to schools addresses the following: how to identify child abuse, the management of suspected abuse, dealing with disclosure, dealing with alleged offenders and intervention.
Artikel 17 van die Wet op die Indiensneming van Opvoeders, Wet 76 van 1998, maak dit uiters duidelik dat opvoeders wat skuldig bevind word aan seksuele misdrywe, uit diens ontslaan moet word. Die Wes-Kaapse onderwysdepartement is daartoe verbind om hierdie reëls streng toe te pas en om ‘n duidelike boodskap uit te stuur aan al ons opvoeders. Daar is nie plek in ons skole vir seksuele teisteraars, molesteerders en verkragters nie.
Dit is egter noodsaaklik vir die effektiewe hantering van seksuele misbruik dat ‘n multidissiplinêre benadering ingestel word, waar die gemeenskap en ander departemente, sowel as individue, betrokke is in die proses van identifisering, verwysing, ondersteuning en intervensie. ‘n Doeltreffende strategie behels ook ‘n stelsel van gesamentlike aanspreeklikheid en verantwoordelikheid op inligtingsvlak en op distriksvlak om klagtes en insidente van kindermisbruik te monitor en te ondersoek.
My department beskou die beleidsdokument, ``Stop Misbruik’’ as ‘n belangrike instrument in die bestryding van kindermisbruik. Ons sien daarna uit om in vennootskap met ouers, onderwysers en ander rolspelers saam te werk om hierdie euwel te bekamp, en om ‘n omgewing wat veilig en vry van seksuele teistering is vir al ons kinders te verseker.
In hierdie opsig wil ek graag vandag die prinsipaal van Nomsa Maponqwana Primary, mev Tywakadi, uitsonder en loof vir haar uiters effektiewe en vinnige optrede na aanleiding van ‘n beweerde oortreding van een van die onderwysers by haar skool. Die persoon is onmiddellik geskors en ‘n ondersoek na die voorval is gelas.
Ons kan eenvoudig nie meer tyd verspil om hierdie euwel uit te roei nie, en oortreders kan geen simpatie te wagte wees nie. (Translation of Afrikaans paragraphs follows.)
[Section 17 of the Employment of Educators Act, Act 76 of 1998, makes it very clear that educators who are found guilty of sexual offences must be dismissed. The Western Cape education department is committed to the strict application of these rules and to sending out a clear message to all our educators. There is no room in our schools for people who are guilty of sexual harassment, molestation and rape.
However, it is essential for the effective handling of sexual abuse that a multidisciplinary approach be adopted, where the community and other departments, as well as individuals, are involved in the process of identification, referral, support and intervention. An efficient strategy also entails a system of joint accountability and responsibility at an informational and the district level so that complaints and incidents of child abuse can be monitored and investigated.
My department regards the policy document ``Abuse No More’’ as an important instrument in combating child abuse. We look forward to collaborating with parents, teachers and other role-players in fighting this scourge, and to ensuring an environment that is safe and free from sexual harassment for all our children.
In this respect I today wish to single out and praise the principal of Nomsa Maponqwana Primary, Mrs Tywakadi, for her most effective and speedy action on account of an alleged transgression by one of the teachers at her school. The person was suspended immediately and an investigation into the incident was launched.
We simply cannot waste any more time in eradicating this scourge and offenders cannot expect any sympathy.]
Every single person who deals with our children should know that if they abuse, misuse or violate our children, we shall track them down and bring them to book. They should be warned that we shall regard an attack on our innocent children as an attack on all of us. We have no patience left. They should change their ways or face the full force of the law. We are united in our common purpose to remove this evil from our society. [Applause.]
Mr B J TOLO: Chairperson, hon Minister and hon members of this House, there is no doubt in our mind as a select committee that sexual violence and rape do occur in our schools far too frequently for us to ignore. It seems to us that this problem has been there for a long time, as other speakers have already mentioned. The problem is that it has either been ignored, underreported or even reported as something on the periphery that does not need any attention.
As a country, we can no longer be lukewarm to this festering cancer that is corroding our society. It has to be tackled head-on, if we are serious about realising the ideals we set ourselves in the Constitution in this country, particularly in the chapter that deals with the Bill of Rights. For if we fail to protect our children in schools, history will judge us harshly.
This means, therefore, that all of us need to review what our resources are in schools - school governing bodies, teachers and everybody who is directly or indirectly involved with the education of our children - with the aim of sorting out this problem.
As the ANC and other progressive forces in this country, we fought very hard against the apartheid education system in order to put in place the type of education envisaged in the Freedom Charter. Some had to go through the valley of the shadow of death for us to realise that type of education which will mould our children to be balanced future citizens who will positively contribute to the wellbeing of this nation.
It seems to us that we now have to fight with equal vigour for the rights of our children to be safe from sexual violence in schools.
We must hasten to say, as others have already indicated, that there are very many good educators out there whose morals and values cannot be questioned. But there is also a group of educators - a tiny minority, though - who are guilty of this offence and nothing is done to them because violence and threats of violence are used to intimidate children into silence. They abuse their status and authority in schools to ensure that abuse is unreported.
The Employment of Educators Act passed in 1998 outlines the conduct of all educators. This Act mentions specifically, in section 17(1)(b) that sexual violence in schools is regarded as a serious offence which might lead to dismissal, as the Minister has indicated. Unfortunately, this clause is seldom invoked, as the public hearings have shown. The case of Ndabeni Secondary School in the Eastern Cape and many others prove this.
In 1975, when I left college to join the teaching fraternity, I was told by my tutors then that teaching was a noble profession - in fact, a calling; that not every Tom, Dick and Harry can become a teacher. They also told me that one has to have morals and morale that are beyond reproach to become a teacher. In some instances it does seem that some teachers - few as they may be - will not pass this test. It seems that from time to time we get one or two rotten potatoes filtering through and joining those in whose hands we entrust the education of our children.
Jean Jacques Rousseau, an educationist, said that a child is born a tabula rasa - that is, the mind of a child at birth is like a clean slate, and what we do and say will then be imprinted onto the mind of the child. The same can be said about a child who goes to school. That child’s mind or brain is relatively like a blank slate. Whatever the teacher does or says, good or bad, is imprinted on the mind of the child. We as a nation, therefore, have a duty to protect our children. School governing bodies and management structures can and must play a vital role in creating a protective environment, especially when it comes to reporting the crime.
According to Human Rights Watch, counsellors assisting child victims of sexual abuse maintain that the manner in which girls are treated, after a rape or sexual assault, by teachers, school officials or even family members is the reason why most attacks are unreported. Clearly, the victims need to be handled with extra care, sensitivity and compassion if we do not want victims to withdraw themselves.
The question of safety in our schools cannot be overemphasised. The report from the public hearings states in no uncertain terms the dire need to have proper safety measures in place in schools to ensure that the safety of children is guaranteed. We must call upon all educators, students through learner representative bodies, SGBs and all communities to engage in a rigorous and vigorous campaign to ensure safety in schools.
In conclusion, as the ANC, we are committed to what we said in 1955 in the Freedom Charter, as we said before, namely that the doors of learning and culture shall be opened to all. Amongst other things, we meant that school buildings and school grounds would be free from intimidation and violence of whatever nature. We meant that these places would be conducive to proper teaching and learning. In this year of the volunteer, we want to call upon all communities to help form democratic structures in the communities and in schools. These structures will be friendly to all and will enable abused students to break the silence. [Applause.]
The MINISTER OF EDUCATION: Chairperson, I am due in the other House, actually, to close the debate on education. I would like to have spoken at greater length here.
Can I say that it was a very thoughtful debate and, I think, a very serious debate, not just because the topic required it but because there were people who were speaking from their own sense of shock and amazement. But let us begin the basis, however unpleasant it may be, that we have failed our children. I like - now that he is on our side - Andre Gaum’s propaganda on what they are doing in the Western Cape, but it still remains propaganda at that level.
We have failed our children. We have become an acquisitive and cold society based on instant gratification, whether sexual or material. We have failed because we have lost the sense of compassion, the sense that drove us, through the whole liberation struggle, of solidarity, of refusal to accept any form of oppression. So it is my point of view, that we have failed our kids. We have failed the most vulnerable people in our society, and that is why it is very important that these debates should be held everywhere, because they are part of consciousness-raising. It is not good enough to have them here in the NCOP; we have to have them in the provinces. It is the provinces that are going to implement those wonderful laws that we have. The provinces will take disciplinary action and suspend them without pay, because the law allows that, and not suspension, as in one case in the North West, for two or three years. These are instant hearings. It is a law that encourages people to also sue the transgressor for remedies for the violation of integrity. Of course, one cannot wait for the criminal law. We must make sure, in fact, that disciplinary action is taken for breach of contract at the provincial level and by the SA Council for Educators. This will, in fact, revive faith in the teaching profession. It will revive faith in the profession itself as guardian.
I am sure I do not agree with the chairperson that the school is a microcosm of our general society. That would, in fact, be an appalling thing. Our general society, as I said, is acquisitive, it is based on decadent aspects of living, and in many cases the morality and ethics come from Big Brother for example, where there is very little said for our schools. So our schools are not a microcosm. As somebody said, our schools are loving places. They ought to be loving places. If they were to become a microcosm of society outside, then many of us would stop our interest in education altogether.
We want to build up the schools so that they are places of love, compassion and that kind of idealism that does allow young people to grow and develop.
The third point is that some existing customs have to be opposed. Virginity tests, which have a sexual undertone, are humiliating. These tests are obscene in my view, in the same way as initiation ceremonies, which the national Council of Education Ministers yesterday proposed should be banned. All initiation ceremonies, in my view, have a sexual undertone.
Thirdly, we have to recognise that we are a patriarchal society. My brother Kgware, the chairperson of the select committee, asked: Why does this continue? Partly because we are mostly a patriarchal society. The value judgments are, in fact, raised, determined, succoured and assisted by male and masculine positions, and therefore one of the practices we must stop is the right of so-called young men to prove the fertility of women. What happens there, where it is through rape or consent, is that the life of that young person is destroyed altogether; remember that. Schooling goes out of the window, and everything else, with repudiation by family. Consent has nothing to do with it. We call it statutory rape if one has intercourse with someone under the age of 16, I think. In fact, it is always statutory rape, because men, acting out of patriarchy, have expectations, and their expectations have to be met, and therefore we have this rather extraordinary situation.
We must oppose that as we oppose initiation ceremonies, and of course the extraordinary amount of alcohol that is drunk by young people encourages this kind of behaviour, particularly by men. The cold society that we live in is a society which needs a little bit of values which are gentle and loving. I say this because there are various other things that I could have said about what we are doing now, particularly consultations with the teacher unions and school governing bodies. We started on this maybe two years ago. But as I said, we started on this because we have failed our pupils. But now we must redeem ourselves. By redeeming ourselves, we will redeem the most vulnerable in our society.
Remember what a wonderful man said once? Suffer little children to come
unto me.'' A great man said that, and it stood for all those values that we
want in our society, of justice and all the other things. I want to
respond, therefore, to some remarkable contributions made by Mr Horne and
others, who may not come from my own political tradition, but I do not
think political traditions are as important here as one's ethical position.
-Suffer little children to come unto me’’ is something that should guide
everything we do. [Applause.]
Debate concluded.
The Council adjourned at 16:46. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
MONDAY, 19 NOVEMBER 2001 ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 19 November 2001 in terms
of Joint Rule 160(6), classified the following Bill as a money
Bill (section 77):
(i) Unemployment Insurance Contributions Bill [B 85 - 2001]
(National Assembly - sec 77).
TABLINGS:
National Council of Provinces:
- The Chairperson:
The President of the Republic submitted the following letter, dated 13
November 2001, to the Chairperson of the National Council of Provinces
informing Parliament of the employment of the South African National
Defence Force:
Dear Ms Pandor,
REPORT IN TERMS OF SECTION 201(3) OF THE CONSTITUTION OF THE
REPUBLIC OF SOUTH AFRICA, 1996 (ACT 108 OF 1996) ON THE EMPLOYMENT
OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN TERMS OF SECTION
(201)(2)(c) OF THE CONSTITUTION, 1996 IN THE FULFILLMENT OF AN
INTERNATIONAL OBLIGATION TOWARDS THE ORGANISATION FOR AFRICAN
UNITY PEACE EFFORT IN THE COMORES
This serves to inform the National Council of Provinces that on 12
November 2001, the Acting President authorised the employment of
South African National Defence Force personnel to the Federal
Islamic Republic of the Comores in fulfillment of an international
obligation. This employment was authorised in accordance with the
provisions of Sections 82(4)(b)(ii) of the Constitution of the
Republic of South Africa, 1993 (Act No 200 of 1993), [which
continues to be in force in terms of Item 24(1) of Schedule 6 to
the Constitution of the Republic of South Africa, 1996 (Act No 108
of 1996)], as well as Section 201(2)(c) of the said Constitution
of 1996, as read with Section 227(1)(b) of the Constitution of
1993.
This employment is in response to a request from the Organisation
of African Unity to employ a Member of the Permanent Force of the
South African National Defence Force for service as Military
Advisor in the Federal Islamic Republic of the Comores. The
deployment is in compliance with the Republic of South Africa's
international obligations towards the Organisation of African
Unity, for participation in the Organisation of African Unity
efforts in the Comores and to advise the Sub-Committee on Weapons
Collection and Reinsertion of the Youth on the weapons collection
programme in terms of the Fomboni All Party Framework Agreement.
The deployment will consist of one French speaking officer in the
rank group major to colonel. The estimated period of deployment
will be from 12 November 2001 until 25 November 2001.
The breakdown of the costs for the deployment of one officer for a
period of two weeks is as follows:
(a) Allowance @ FF467 x 14 days = FF6538 (1FF = R1,24)R 8
107,12
(b) Accommodation @ US$ per day x 14 = $1680
(US$ 1,00 = R9,70)R16 296,00
(c) Standby Allowance @ R22,15 x 14 days R310,00
(d) Air TicketR 8 000,00
(e) Total CostR32 713,12
I will also communicate this report to the National Assembly and
wish to request that you bring it to the notice of the Members of
the National Council of Provinces.
Yours sincerely,
T M MBEKI
TUESDAY, 20 NOVEMBER 2001
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following paper is referred to the Select Committee on
Finance:
Report of the Registrar of Unit Trust Companies for 1999.
(2) The following papers are referred to the Select Committee on
Land and Environmental Affairs:
(a) Report and Financial Statements of the Department of Water
Affairs and Forestry for 2000-2001, including the Report of
the Auditor-General on the Financial Statements of Vote 34 -
Water Affairs and Forestry for 2000-2001 [RP 88-2001].
(b) Report and Financial Statements of the Water Research
Commission for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001.
(3) The following papers are referred to the Select Committee on
Economic Affairs:
(a) Report and Financial Statements of the Department of Trade
and Industry for 2000-2001, including the Report of the
Auditor-General on the Financial Statements of Vote 32 - Trade
and Industry for 2000-2001.
(b) Report and Financial Statements of the Competition
Commission for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001 [RP 150-
2001].
(c) Report and Financial Statements of the Competition
Tribunal for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001 [RP 179-
2001].
(d) Report and Financial Statements of Ntsika Enterprise
Promotion Agency for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001 [RP
198-2001].
(e) Report and Financial Statements of the National Lotteries
Board for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001.
(4) The following papers are referred to the Select Committee on
Social Services:
(a) Government Notice No R.691 published in the Government
Gazette No 22495 dated 27 July 2001, Regulations relating to
additives for use in food in general in accordance with good
manufacturing practice, made in terms of section 15(1) of the
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No 54
of 1972).
(b) Government Notice No R.723 published in the Government
Gazette No 22549 dated 10 August 2001, Regulations regarding
processed foodstuffs, made in terms of section 15(1) of the
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No 54
of 1972).
(c) Government Notice No R.747 published in the Government
Gazette No 22563 dated 17 August 2001, Amendment of
regulations governing microbiological standards for foodstuffs
and related matters, made in terms of section 15(1) of the
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No 54
of 1972).
(d) Government Notice No R.911 published in the Government
Gazette No 22694 dated 28 September 2001, Regulations
governing certain solvents in foodstuffs, made in terms of
section 15(1) of the Foodstuffs, Cosmetics and Disinfectants
Act, 1972 (Act No 54 of 1972).
(e) Government Notice No R.765 published in the Government
Gazette No 22584 dated 24 August 2001, Regulations relating to
the conduct of enquiries into alleged unprofessional conduct,
made in terms of section 61(1)(h) read with section 61(4) of
the Health Professions Act, 1974 (Act No 56 of 1974).
(f) Government Notice No R.887 published in the Government
Gazette No 22673 dated 21 September 2001, Regulations relating
to the suspension of practitioners, made in terms of section
61(1) read with section 15B(1)(a) of the Health Professions
Act, 1974 (Act No 56 of 1974).
(5) The following paper is referred to the Select Committee on
Security and Constitutional Affairs:
Government Notice No R.1044 published in the Government Gazette No
22750 dated 19 October 2001, Repeal of the South African Police
Service Grievance Procedure Regulations, 1995, made in terms of
section 24(1)(f) of the South African Police Service Act, 1995
(Act No 68 of 1995).
FRIDAY, 23 NOVEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Labour submitted the Wysigingswetsontwerp op
Basiese Diensvoorwaardes [W 70 - 2001] (National Assembly - sec
75) to the Speaker and the Chairperson on 21 November 2001. This
is the official translation of the Basic Conditions of Employment
Amendment Bill [B 70 - 2001] (National Assembly - sec 75), which
was introduced in the National Assembly by the Minister on 18
September 2001.
(2) The Minister of Labour submitted the Wysigingswetsontwerp op
Arbeidsverhoudinge [W 77 - 2001] (National Assembly - sec 75) to
the Speaker and the Chairperson on 21 November 2001. This is the
official translation of the Labour Relations Amendment Bill [B 77
- 2001] (National Assembly - sec 75), which was introduced in the
National Assembly by the Minister on 27 September 2001.
TABLINGS: National Assembly and National Council of Provinces: Papers:
- The Minister of Finance:
(1) Government Notice No R.1054 published in the Government Gazette
No 22768 dated 26 October 2001, Determination of amounts for
purposes of the Military Pensions Act, 1976, made in terms of
sections 1 and 5 of the Military Pensions Act, 1976 (Act No 84 of
1976).
(2) Government Notice No R.1100 published in the Government Gazette
No 22804 dated 9 November 2001, Correction Notice on Determination
of amounts for purposes of the Military Pensions Act, 1976, made
in terms of sections 1 and 5 of the Military Pensions Act, 1976
(Act No 84 of 1976).
(3) Government Notice No R.1095 published in the Government Gazette
No 22797 dated 30 October 2001, Regulations made under section
91(1)(b) of the Public Finance Management Act, 1999 (Act No 1 of
1999).
TUESDAY, 27 NOVEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The Minister of Finance submitted the Tweede Wysigingswetsontwerp op
Inkomstewette [W 84 - 2001] (National Assembly - sec 77) to the Speaker
and the Chairperson on 27 November 2001. This is the official
translation of the Revenue Laws Second Amendment Bill [B 84 - 2001]
(National Assembly - sec 77), which was introduced in the National
Assembly by the Minister on 7 November 2001.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report and Financial Statements of the Municipal Demarcation Board for
2000-2001, including the Report of the Auditor-General for 2000-2001.
- The Minister of Labour:
(a) Report and Financial Statements of the Chemical Industries
Education and Training Authority for 2000-2001, including the
Report of the Auditor-General on the Financial Statements for 2000-
2001.
(b) Report and Financial Statements of the Energy Sector Education
and Training Authority for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001 [RP 99-
2001].
(c) Report and Financial Statements of the Mining Qualifications
Authority Sector Education and Training Authority for 2000-2001,
including the Report of the Auditor-General on the Financial
Statements for 2000-2001.
(d) Report and Financial Statements of the Insurance Sector
Education and Training Authority for 2000-2001, including the
Report of the Auditor-General on the Financial Statements for 2000-
2001.
(e) Report and Financial Statements of the Banking Sector Education
and Training Authority for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001 [RP 173-
2001].
(f) Report and Financial Statements of the Manufacturing,
Engineering and Related Services Education and Training Authority
for 2000-2001, including the Report of the Auditor-General on the
Financial Statements for 2000-2001.
(g) Report and Financial Statements of the Food and Beverages
Manufacturing Sector Education and Training Authority for 2000-
2001, including the Report of the Auditor-General on the Financial
Statements for 2000-2001 [RP 170-2001].
(h) Report and Financial Statements of the Clothing, Textile,
Footwear and Leather Sector Education and Training Authority for
2000-2001, including the Report of the Auditor-General on the
Financial Statements for 2000-2001.
(i) Report and Financial Statements of the Media, Advertising,
Printing, Packaging and Publishing Sector Education and Training
Authority for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001.
(j) Report and Financial Statements of the Policing, Private
Security, Legal Practice, Justice and Correctional Services Sector
Education and Training Authority for 2000-2001, including the
Report of the Auditor-General on the Financial Statements for 2000-
2001 [RP 209-2001].
(k) Report and Financial Statements of the Education, Training and
Development Practices Sector Education and Training Authority for
2000-2001, including the Report of the Auditor-General on the
Financial Statements for 2000-2001 [RP 155-2001].
(l) Report and Financial Statements of the Local Government, Water
and Related Services Education and Training Authority for 2000-
2001, including the Report of the Auditor-General on the Financial
Statements for 2000-2001.
(m) Report and Financial Statements of the Services Sector Education
and Training Authority for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001.
FRIDAY, 30 NOVEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Speaker and the Chairperson directed the Secretary on 28
November 2001, notwithstanding the provision of Joint Rule 221, to
send the official text (English version) of the Telecommunications
Amendment Bill [B 65D - 2001] to the President for assent. The
official translation (Afrikaans version) was sent to the President
on 30 November 2001.
(2) The Minister in The Presidency on 26 November 2001 submitted a
draft of the Media Development and Diversity Agency Bill, 2001, 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 Communications and the Select Committee on Labour and Public
Enterprises by the Speaker and the Chairperson, respectively, in
accordance with Joint Rule 159(2).
National Council of Provinces:
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Finance and to the Select Committee on Security and Constitutional
Affairs:
(a) Government Notice No R.1054 published in the Government
Gazette No 22768 dated 26 October 2001, Determination of
amounts for purposes of the Military Pensions Act, 1976, made
in terms of sections 1 and 5 of the Military Pensions Act,
1976 (Act No 84 of 1976).
(b) Government Notice No R.1100 published in the Government
Gazette No 22804 dated 9 November 2001, Correction Notice on
Determination of amounts for purposes of the Military Pensions
Act, 1976, made in terms of sections 1 and 5 of the Military
Pensions Act, 1976 (Act No 84 of 1976).
(2) The following paper is referred to the Select Committee on
Finance:
Government Notice No R.1095 published in the Government Gazette No
22797 dated 30 October 2001, Regulations made under section
91(1)(b) of the Public Finance Management Act, 1999 (Act No 1 of
1999).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Public Enterprises:
Report and Financial Statements of Transnet Limited for 2000-2001.
FRIDAY, 7 DECEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(a) National Land Transport Transition Amendment Bill [B 39B -
2001] - Act No 31 of 2001 (assented to and signed by
President on 22 November 2001);
(b) Postal Services Amendment Bill [B 63B - 2001] - Act No 33
of 2001 (assented to and signed by President on 4
December 2001);
(c) Constitution of the Republic of South Africa Amendment
Bill [B 68B - 2001] - Act No 34 of 2001 (assented to and
signed by President on 20 November 2001);
(d) Companies Amendment Bill [B 35B - 2001] - Act No 35 of
2001 (assented to and signed by President on 28 November
2001);
(e) Cultural Laws Amendment Bill [B 45B - 2000] - Act No 36 of
2001 (assented to and signed by President on 4 December
2001);
(f) Diplomatic Immunities and Privileges Bill [B 40B - 2001] -
Act No 37 of 2001 (assented to and signed by President on
22 November 2001);
(g) Financial Intelligence Centre Bill [B 1B - 2001] - Act No
38 of 2001 (assented to and signed by President on 28
November 2001);
(h) Pension Funds Second Amendment Bill [B 41D - 2001] - Act
No 39 of 2001 (assented to and signed by President on 29
November 2001);
(i) Stock Exchanges Control Amendment Bill [B 75 - 2001] - Act
No 40 of 2001 (assented to and signed by President on 29
November 2001);
(j) Interim Rationalisation of Jurisdiction of High Courts
Bill [B 44B - 2001] - Act No 41 of 2001 (assented to and
signed by President on 29 November 2001);
(k) Judicial Matters Amendment Bill [B 43B - 2001] - Act No 42
of 2001 (assented to and signed by President on 4
December 2001);
(l) Agricultural Debt Management Bill [B 54B - 2001] - Act No
45 of 2001 (assented to and signed by President on 4
December 2001);
(m) Judges' Remuneration and Conditions of Employment Bill [B
83B - 2001] - Act No 47 of 2001 (assented to and signed
by President on 20 November 2001);
(n) Industrial Development Amendment Bill [B 32D - 2001] - Act
No 49 of 2001 (assented to and signed by President on 4
December 2001);
(o) Land Affairs General Amendment Bill [B 71D - 2001] - Act
No 51 of 2001 (assented to and signed by President on 29
November 2001);
(p) Marketing of Agricultural Products Amendment Bill [B 26D -
2001] - Act No 52 of 2001 (assented to and signed by
President on 4 December 2001);
(q) Provincial Tax Regulation Process Bill [B 51D - 2001] -
Act No 53 of 2001 (assented to and signed by President on
4 December 2001);
(r) National Parks Amendment Bill [B 38 - 2001] - Act No 54 of
2001 (assented to and signed by President on 4 December
2001);
(s) Education Laws Amendment Bill [B 55B - 2001] - Act No 57
of 2001 (assented to and signed by President on 29
November 2001);
(t) General and Further Education and Training Quality
Assurance Bill [B 57B - 2001] - Act No 58 of 2001
(assented to and signed by President on 29 November
2001);
(u) Adjustments Appropriation Bill [B 82 - 2001] - Act No 59
of 2001 (assented to and signed by President on 20
November 2001);
(v) Revenue Laws Second Amendment Bill [B 84 - 2001] - Act No
60 of 2001 (assented to and signed by President on 5
December 2001);
(w) Telecommunications Amendment Bill [B 65D - 2001] - Act No
64 of 2001 (assented to and signed by President on 29
November 2001);
(x) Pension Funds Amendment Bill [B 22B - 2001] - Act No 65 of
2001 (assented to and signed by President on 5 December
2001); and
(y) Cultural Laws Second Amendment Bill [B 46F - 2000] - Act
No 69 of 2001 (assented to and signed by President on 4
Desember 2001). 2. The Speaker and the Chairperson:
(1) The Minister of Trade and Industry submitted the
Wysigingswetsontwerp op Outeursreg [W 73 - 2001] (Nasionale
Vergadering - art 75) to the Speaker and the Chairperson on 7
December 2001. This is the official translation of the Copyright
Amendment Bill [B 73 - 2001] (National Assembly - sec 75), which
was introduced in the National Assembly by the Minister on 21
September 2001.
(2) The Minister of Trade and Industry submitted the
Wysigingswetsontwerp op die Beskerming van Voordraers [W 74 -
2001] (Nasionale Vergadering - art 75) to the Speaker and the
Chairperson on 7 December 2001. This is the official translation
of the Performers' Protection Amendment Bill [B 74 - 2001]
(National Assembly - sec 75), which was introduced in the National
Assembly by the Minister on 21 September 2001.
(3) The Minister of Safety and Security submitted the
Wysigingswetsontwerp op die Regulering van die Sekuriteitsbedryf
[W 12 - 2001] (Nasionale Vergadering - art 75) to the Speaker and
the Chairperson on 7 December 2001. This is the official
translation of the Security Industry Regulation Bill [B 12 - 2001]
(National Assembly - sec 75), which was introduced in the National
Assembly by the Minister on 23 February 2001.
National Council of Provinces:
- The Chairperson:
The following paper tabled is now referred to the Select Committee on
Labour and Public Enterprises:
Report and Financial Statements of Transnet Limited for 2000-2001.
TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Minister of Education:
(1) Government Notice No 735 published in the Government Gazette No
22559 dated 8 August 2001, Call for comments on the Draft National
Curriculum Statement Grades for R-9 to enable the Minister to
declare policy in terms of section 3(4)(1) of the National Policy
Act, 1996 (Act No 27 of 1996).
(2) Government Notice No 1043 published in the Government Gazette No
22756 dated 17 October 2001, Education White Paper Five (5) on
Early Childhood Development, made in terms of section 3(4)(1) of
the National Policy Act, 1996 (Act No 27 of 1996).
(3) Government Notice No 1104 published in the Government Gazette No
22808 dated 2 November 2001, Publication of the Higher Education
Amendment Act (Act No 23 of 2001).
(4) Government Notice No 1136 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(5) Government Notice No 1137 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(6) Government Notice No 1138 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(7) Government Notice No 1139 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(8) Government Notice No 1140 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(9) Government Notice No 1141 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(10) Government Notice No 1142 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(11) Government Notice No 1143 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(12) Government Notice No 1144 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(13) Government Notice No 1145 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(14) Government Notice No 1146 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(15) Government Notice No 1147 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(16) Government Notice No 1148 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(17) Government Notice No 1149 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(18) Government Notice No 1150 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(19) Government Notice No 1151 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(20) Government Notice No 1152 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(21) Government Notice No 1153 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(22) Government Notice No 1154 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(23) Government Notice No 1155 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(24) Government Notice No 1156 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(25) Government Notice No 1157 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(26) Government Notice No 1158 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(27) Government Notice No 1159 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(28) Government Notice No 1160 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(29) Government Notice No 1161 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(30) Government Notice No 1162 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(31) Government Notice No 1163 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(32) Government Notice No 1164 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(33) Government Notice No 1165 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(34) Government Notice No 1166 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(35) Government Notice No 1167 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(36) Government Notice No 1168 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(37) Government Notice No 1169 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(38) Government Notice No 1170 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(39) Government Notice No 1171 published in the Government Gazette No
22819 dated 16 November 2001, Notice of conditional registration
of a private higher education institution, made in terms of
section 54(2)(a) of the Higher Education Act, 1997 (Act No 101 of
1997).
(40) Government Notice No 1172 published in the Government Gazette
No 22819 dated 16 November 2001, Notice of conditional
registration of a private higher education institution, made in
terms of section 54(2)(a) of the Higher Education Act, 1997 (Act
No 101 of 1997).
(41) Government Notice No 1186 published in the Government Gazette No
22819 dated 16 November 2001, National Policy regarding Further
Education and Training Programmes: Approval of the updated
schools' and technical colleges' policy documents, namely reports
550 (2001/08 and 191 (2001/08), made in terms of section 3(4)(1)
of the National Education Policy Act, 1996 (Act No 27 of 1996).
- The Minister of Transport: (1) Bilateral Air Service Agreement between the Government of the Republic of South Africa and the Government of the Kingdom of Sweden, tabled in terms of section 231(3) of the Constitution, 1996.
(2) Bilateral Air Service Agreement between the Government of the
Republic of South Africa and the Government of the Kingdom of
Denmark, tabled in terms of section 231(3) of the Constitution,
1996.
(3) Bilateral Air Service Agreement between the Government of the
Republic of South Africa and the Government of the Kingdom of
Norway, tabled in terms of section 231(3) of the Constitution,
1996.
(4) Agreement between the Government of the Republic of South Africa
and the Government of the United Arab Emirates for Air Services
between and beyond their respective territories, tabled in terms
of section 231(3) of the Constitution, 1996.
(5) Agreement between the Government of the Republic of South Africa
and the Government of the People's Republic of China relating to
Civil Air Transport, tabled in terms of section 231(3) of the
Constitution, 1996.
(6) Air Transport Agreement between the Government of the Republic
of South Africa and the Government of the Islamic Republic of
Iran, tabled in terms of section 231(3) of the Constitution, 1996.
(7) Bilateral Air Service Agreement between the Government of the
Republic of South Africa and the Government of the Republic of
Cuba, tabled in terms of section 231(3) of the Constitution, 1996.
(8) Agreement between the Government of the Republic of South Africa
and the Government of the Hong Kong Special Administrative Region
of the People's Republic of China concerning Air Services, tabled
in terms of section 231(3) of the Constitution, 1996.
(9) Bilateral Air Service Agreement between the Government of the
Republic of South Africa and the Government of the Republic of
Yemen, tabled in terms of section 231(3) of the Constitution,
1996.
MONDAY, 10 DECEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(a) Correctional Services Amendment Bill [B 8B - 2001] - Act
No 32 of 2001 (assented to and signed by President on 7
December 2001);
(b) Lotteries Amendment Bill [B 81B - 2001] - Act No 46 of
2001 (assented to and signed by President on 6 December
2001);
(c) Merchandise Marks Amendment Bill [B 33D - 2001] - Act No
50 of 2001 (assented to and signed by President on 7
December 2001);
(d) Constitution of the Republic of South Africa Second
Amendment Bill [B 78B - 2001] - Act No 61 of 2001
(assented to and signed by President on 7 December 2001);
(e) Criminal Procedure Second Amendment Bill [B 45B - 2001] -
Act No 62 of 2001 (assented to and signed by President on
7 December 2001); and
(f) "Woordeboek van die Afrikaanse Taal" Act Repeal Bill [B
30B - 2001] - Act No 66 of 2001 (assented to and signed
by President on 7 December 2001).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister for the Public Service and Administration:
Written Explanation, dated 6 December 2001, from the Minister for the
Public Service and Administration in terms of section 65(2)(a) of the
Public Finance Management Act, 1999 (Act No 1 of 1999), setting out
reasons why the Annual Report and Financial Statements of State
Information Technology Agency for 2000-2001 could not be tabled in
time:
Dear Dr Frene Ginwala
DELAYED SUBMISSION OF STATE INFORMATION TECHNOLOGY AGENCY (SITA) ANNUAL
REPORT 2000/2001 FINANCIAL YEAR
With reference to the above, the State Information Technology Agency
(SITA) has not been able to timeously submit its Annual Report for the
2000/2001 Financial Year because of the following reasons:
- Delays in the finalisation of the content of the report, especially
by external auditors. The Report was kept for at least two weeks
by each of the external auditors (PWC and MSGM), working on behalf
of the Auditor-General's Office.
- The Auditor-General took three weeks with the report before
authorising SITA to go ahead with its final printing.
- These delays outlined above, resulted in SITA not being able to meet
printer's deadlines.
However, the Annual Report has been printed and will be tabled to
Parliament on 7 December 2001.
Kind Regards
Ms Geraldine Fraser-Moleketi
Minister for the Public Service and Administration
- The Minister for Agriculture and Land Affairs:
Report and Financial Statements of the Land Bank for 2000, including
the Report of the Auditor-General on the Financial Statements for 2000.
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
-
Report of the Joint Standing Committee on Defence on the Joint Investigation Report into the Strategic Defence Procurement Packages, dated 5 December 2001:
The Joint Standing Committee on Defence, having considered the matters in the Report falling within the parameters of its portfolio, in particular Chapters 3-7 and 10-12, and having to report on the relevant findings and recommendations by 6 December 2001 (ATC No 153, p 1441), reports as follows:
A. Introduction
On 15 November 2001, the Joint Investigative Team (hereafter the Agencies), which investigated certain aspects of the Strategic Defence Packages, presented its report to Parliament. Although aspects of the investigation are still under way, the Agencies managed to complete most of the tasks within its mandate. We note the findings of the Report and congratulate the Agencies for their work in compiling the Report. This Report of the Committee strives to make concrete suggestions regarding the following: 1. Identifying the key strategic issues raised in the Report, which require consideration by both the executive and the parliamentary committees on defence. 2. Making various process recommendations as to how the findings of the Report can be taken forward.B. Role of Parliament
According to the Defence Review (chapter on Acquisition), the Committee has a key role in monitoring and overseeing the Ministry of Defence, Armscor and the Department of Defence (DoD) on any acquisition process. This role should be strengthened through the institution of appropriate Standard Operating Procedures between the relevant parliamentary committees on defence and the Ministry regarding the management of any acquisition process. The rationale for involving the parliamentary committees on defence in these decisions is as follows: 1. All major procurement programmes are capital-intensive by nature and, as such, require substantial financial outlays from the fiscus. Parliament approves the defence budget and therefore has an interest in ensuring that any financial outlays are managed according to the budget. 2. The mandate of the parliamentary committees on defence is to provide oversight over the key policy processes and developments within both Armscor and the DoD, and as such any acquisition project represents a major policy position for both Armscor and the DoD. 3. All major procurement programmes are fundamentally strategic by nature, and as such the parliamentary committees on defence have a responsibility to oversee both Armscor and the DoD on the strategic implications of such packages. 4. Sub-optimal equipment will not only affect the SANDF's combat-readiness, but also the lives of those persons operating such equipment. Parliament and its committees, as the political custodians of the national defence function, have a moral and a political responsibility to ensure that all acquisition purchases conform to basic operational and security standards. The parliamentary committees on defence should play an important role in advising the Ministry, Armscor and the DoD on the strategic aspects of such packages and the political sensitivity of any proposed purchases. To perform these tasks adequately, it is critical that the parliamentary committees on defence in particular and other related parliamentary committees in general should develop the necessary capacity and planning schedules and receive the necessary resources to acquit themselves capably.C. Security clearance
The status of security clearances within both Armscor and the DoD needs to be investigated as a matter of urgency. Updates of existing security clearances and vetting of non-security cleared personnel need to be effected as a matter of priority. In cases where there was a breach of security directives and/or legislation in the defence procurement process, necessary steps needs to be taken.D. Record-keeping
Control over internal Armscor and DoD documentation and record- keeping needs to be improved in accordance with those procedures governing the control of classified information as set out by the counter-intelligence function of the DoD. An audit trail of all processes linked to procurement processes needs to be maintained and managed at all times.E. Acquisition policy
Current Armscor and DoD procurement policy compares favourably with previous procurement policies that pertained within both Armscor and the DoD in the past. Aspects of the procurement policy do need to be fine-tuned, and personnel within both Armscor and the DoD need to be made conversant with the content and the importance of this policy. This will require the institution of appropriate training and workshops, as well as Standard Operating Procedures within Armscor and the DoD, to ensure that this is accomplished. Each phase of the procurement process should be concluded according to policy prescripts before proceeding to the next phase. Furthermore, proper authorisation should be obtained at each phase before continuing. Such authorisations should determine whether the next phase is embarked upon. Considerations such as the strategic objectives of the DoD that impact on the procurement process, should be weighted and form part of the value system. It must then be applied consistently throughout the process. Future defence procurement packages need to be critically assessed against the needs of the current strategic and global environment. The Defence Review states that procurement should, as far as possible, attempt to make use of local defence industry capabilities. The Report notes that foreign defence capabilities were privileged over domestic capabilities. The parliamentary committees believe that this situation needs to be avoided if local defence capabilities, an undisputed national strategic asset, are to be maintained.F. Armscor Act
A Work Group that had to deal with the drafting of the Armscor Act, was established by the Ministry of Defence in January 2000. We are concerned that there was not sufficient feedback to Parliament. This should be attended to as a matter of urgency, given certain observations by the Agencies. The role of Armscor and the DoD with regard to subcontracting needs to be clarified. We understand in the Report that it is not the policy of Armscor and the DoD to interfere with subcontractors, yet numerous instances of interference are mentioned. Whilst Armscor has the right to interfere with subcontracting, it must do so within the framework of government policies vis-á-vis affirmative procurement, black empowerment and technical and strategic needs. Armscor as the procurement agency of the DoD, as mandated by law, should resume this responsibility when the DoD procures defence equipment.G. Cheetah fighters
The Report observes that the SAAF indicated the lifespan of the Cheetah fighters to be up to around 2012. What will be the position of the Cheetah in the light of the acquisition of the Gripens?H. Implications for SAAF’s operational budget The Chief of the SAAF allowed the amount of R176 million to be deducted from the budget of the SAAF, notwithstanding his awareness of the 30% shortfall with regard to the readiness of the Air Force. We will need to be briefed on this aspect, in particular with regard to the impact on the total budget of the SANDF.
I. Structures
We note with concern a plethora of structures and committees involved in the acquisition process. We refer, inter alia, to PCB, SOFCOM, JPT, IONT, AAB, AACB, Technical Team, etc. Furthermore, we observe the following with regard to these structures: 1. Individuals occupying a number of positions, thus blurring the lines of accountability and authority. 2. A lack of race and/or gender balance. 3. People are given incompatible functions to perform.J. Conflict of interest
The issue relating to Conflict of Interest needs to be dealt with resolutely and decisively within the public service in general and by both the DoD and Armscor in particular. This will require institution and/or amendment of appropriate legislation to govern and control the activities of serving public servants. Persons named in the Report as having been involved in a Conflict of Interest and/or engaged in activities deemed unprofessional from the perspective of the procurement process, should be debarred from service in any civil service or parastatal. The Chief of Acquisition occupied a position of Chief Director within the DoD. Given the fundamentally political nature of procurement, it is felt that a person at that level should not have been given such incompatible function to perform. This also applies to other officials from, for example, the Department of Trade and Industry (DTI). It is felt that in future a person with more political and institutional seniority should manage such processes. Real and apparent conflict of interest did emerge between various senior officials of the DoD, Armscor and the DTI (particularly those directly involved in the acquisition packages) and members of the bidding teams for the various equipment within the Strategic Defence Packages (SDP). The determination of responsibilities within the acquisition process needs to be rationalised and streamlined. It came to the attention of the parliamentary committees on defence that senior DoD and Armscor officials frequently "wore a number of hats", thereby limiting their ability to act impartially and to avoid a real or perceived conflict of interest. In our opinion, this impeded good governance. This is not only limited to the DoD and Armscor, but includes officials of other state departments. An investigation needs to be conducted by the DoD and Armscor of those individuals whose professional behaviour was queried in the Report.K. Conclusion
Implementation framework To ensure that the mentioned and future recommendations are applied in a consistent and rational manner, the Joint Standing Committee on Defence will compile an implementation framework that will specify, amongst other things, the following: 1. The co-ordinating responsibility for the implementation of the diverse recommendations contained in this Report. 2. The Executing Authority/Authorities responsible for implementing those recommendations, which have been assigned to them within the context of this Report. 3. The ongoing oversight/monitoring of these responsibilities and their execution and the authorities responsible for this monitoring role.
Report to be considered. 2. Report of the Joint Committee on Ethics and Members' Interests on the
Joint Investigation Report into the Strategic Defence Procurement
Packages, dated 6 December 2001:
On 14 November 2001 the Speaker of the National Assembly referred
the Joint Investigation Report into the Strategic Defence
Procurement Packages, in so far as it relates to Members of
Parliament, to the Joint Committee on Ethics and Members'
Interests for consideration.
The Committee met on the 16 November 2001 and agreed that the
Report only makes two references to Members, namely:
(1) The allegation that Mr Mashimbye and Mr M Scott received a
motor vehicle from prime contractors/bidders was found to be
without substance.
(2) Secondly, Chapter 1.3.1.2(4) in the table states that a
criminal case is pending against Mr Yengeni. The Committee
received opinion from the Chief Parliamentary Law Adviser that
in terms of the sub judice rule it would be prudent for the
Committee to wait for the conclusion of the criminal case
before the Committee considers the allegation of the non-
disclosure of the benefit by Mr Yengeni. The Committee will
therefore pursue the matter after the conclusion of the
criminal case against Mr Yengeni.
(3) The Report makes reference to the lack of rules to deal
with conflict of interests. In so far as Members of Parliament
are concerned the Committee is considering a Code of Conduct,
of which the draft proposals specifically deal with conflict
of interests and post tenure employment restrictions. The
Committee aims to complete the draft code in the first quarter
of next year.
(4) The Committee had received a complaint against Mr Msomi in
respect of the alleged receipt of discounts on motor vehicles
from a bidder/contractor, the Investigating Report makes no
reference to the allegations against Mr Msomi, and the
Committee therefore agreed that it will consider the
allegations against him through the normal procedures of the
Committee.
Report to be considered.
TUESDAY, 11 DECEMBER 2001
COMMITTEE REPORTS:
National Assembly and Council of Provinces:
- Report of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons on Visit to Eastern Cape, dated 3 October 2001:
The Joint Monitoring Committee on Improvement of Quality of Life and
Status of Children, Youth and Disabled Persons visited the Eastern Cape
from 2 to 4 May 2001 as guest of the Standing Committee on Youth,
Gender and Disabled of the Eastern Cape Provincial Legislature.
The Committee reports as follows:
A. Introduction
1. Background
Pursuing its parliamentary oversight function, in accordance
with Joint Rule 132D of the Joint Rules of Parliament, the
Committee visited the Eastern Cape Provincial Legislature (the
Legislature).
The Eastern Cape was identified as the first province to be
visited, based on the following motivation:
(a) It is one of the provinces that has established a similar
committee.
(b) It is also one of the rural and poverty-stricken
provinces.
2. Objectives
(a) To monitor the status of children, youth and disabled
people in the province.
(b) To establish a working relationship with the Standing
Committee on Youth, Gender and Disabled People of the
Legislature (the Standing Committee).
(c) To meet with members of the Office on the Status of
Disabled People (OSDP), the Provincial Youth Commission
(PYC) and the Provincial Plan of Action for Children
(PPA).
(d) To monitor programme and policy implementation.
(e) To evaluate provincial progress with implementing the
Convention on the Rights of the Child (UNCRC) and the
establishment and location of the PPA.
(f) To monitor the PYC's progress since inception.
(g) To monitor progress of the Office on the Status of
Disabled People with implementation of the Integrated
National Disability Strategy (INDS).
(h) To look at the different responsibilites and co-ordination
of work between the Office of the Premier and the
programmers based in that Office.
(i) To look at the co-ordination of work between the Premier
and the Standing Committee.
Ms Bogopane, our chairperson, initiated the visit to the
province on behalf of the Committee. The Committee therefore
mandated some of its members to undertake this provincial
study tour.
3. Composition of delegation
National Assembly: Ms H I Bogopane (ANC); Ms S Maine (ANC); Ms
N Cindi (ANC); Mrs L R Mbuyazi (IFP); Ms M Rajbally (MF).
National Council of Provinces: Mr B Willem (ANC); Mr P D M
Maloyi (ANC); Mr N Raju (DP); Ms C Nkuna (ANC); Mrs J Witbooi
(New NP).
4. Procedure
The Committee undertook a three-day visit to the province,
held meetings and went on sightseeing visits to various
places.
B. Findings
1. Welcoming by Standing Committee
Mr Chris Motsilili, chairperson of the Standing Committee,
welcomed the Committee, expressed his sincere appreciation to
the Committee for electing to visit the Eastern Cape, and
expressed the hope that the Committee and the Standing
Committee would learn from one another.
He outlined the programme for the three days.
2. Official opening by Deputy Speaker
The Deputy Speaker of the Legislature welcomed the Committee
on behalf of the Speaker, Mr M Matomela. She gave a brief
background on the establishment of the Standing Committee, as
well as its roles and functions. She wished the Committees
success on their deliberations.
3. Joint meeting
The joint meeting was co-chaired by Ms Bogopane and Mr
Motsilili.
Ms Bogopane outlined the aims and objectives of the visit. She
also outlined the rules establishing our Committee, and its
role, functions and powers in terms of Joint Rules 132A to
132D.
Mr Motsilili took the Committee through the terms of reference
of the Standing Committee (as stated by the Deputy Speaker),
and said that the Standing Committee was established in July
1999, before the establishment of the Joint Monitoring
Committee.
The following differences between the committees were
identified, which would require attention in order to
facilitate smooth working relations:
Joint Monitoring Committee Standing Committee
Deals with Youth, Children and Disabled Persons Deals with
Youth, Children and Disabled Persons
It is a Joint Monitoring Committee,It is a Standing Committee
– they function
different from a portfolio committee like other standing
committees, despite not being linked to a department
Does not consider legislation unlessConsiders legislation
referred to it by Speaker
Can liase with all portfolio committees The Standing Committee
status is a barrier – unable and government departments to
liase with other standing committees and government
departments
Liases directly with Heads of Liases with junior officials
Departments and Ministers
Deals with political and social Deals more with administration
aspects of sectors, including policy and programme
implementation
Responsible for ratification of Responsible for implementation
of international
international agreements agreements provincially
Monitors country's obligations Monitors provincial obligations
and submits reports and submit reports
Considers reports at national level Considers reports at
provincial level - deals with - deals with children, not
gender gender, not children
4. Presentation by OSDP
The OSDP was established on 1 April 1999, and up to now only
one official has been employed.
(a) Questions asked
* How does the OSDP interact with the Standing
Committee?
* What has been done to make public buildings
accessible to disabled people?
* How many buildings are still inaccessible?
* Which criteria were used to make public buildings
accessible, and how were they identified?
* How many special schools are in the province?
* What role has the OSDP played in solving disability
grant problems?
* What kind of leadership has the OSDP provided in
policy development for disabled people?
* Has the OSDP benefitted from being placed in the
Premier's Office?
* Why has there been only one employee in the Office?
* What are the barriers that make it difficult for
that employee to play a co-ordinating role?
* Has the Premier been informed about the lack of co-
operation from departments?
(b) Problems identified (which hinders delivery)
* A lack of capacity in the Office to co-ordinate and
monitor policies
* A lack of provincial strategy to implement the INDS
* Delays at the departments of education and of health
to establish disability unit
* Non-availability of sufficient funds.
(c) Weaknesses identified
* No effective interaction with the Premier
* No co-ordination of rural development
* No disability audits have been conducted within
government departments
* Disability projects have not been monitored, as a
result of financial constraints
* No clear understanding as to why the Office is
situated in the Premier's Office.
5. Presentation by PPA
The delegation was briefed by Ms K Scott, co-ordinator of the
PPA, located in the provincial department of welfare.
(a) Questions asked
* How was the PPA established, who constitutes it and
when was it established?
* What programme have they implemented since
inception?
* Where is the PPA located at present?
* What role has the PPA played in child support
grants?
* What has been the nature of the division of work
between the PPA, the Office of the Premier and the
Standing Committee?
* Has the PPA audited legislation regarding children?
* What are the frustrations of the PPA?
(b) Problems identified (which hinders service delivery)
* Non-attendance of senior officials in workshops
organised by the PPA
* A lack of resources to co-ordinate and monitor
policy/programmes relating to children in all
departments
* Programmes and activities are not the responsibility
of the PPA, but of the department of welfare
* The location of the PPA in the department of welfare
leads to a lack of budgeted funds and of recognition
* The present formation of the PPA excludes civil
society
* Due to the above, the effectiveness and visibility
of the PPA has been non-existent - it has not been able
to respond to the needs of children in the province.
(c) Weaknesses identified (which hinders service delivery)
* No budget
* No staff
* No status
* It is not located in a position that empowers the
programme to perform its functions
* Mobilisation and co-ordination, as well as
partnerships between the government and civil society,
do not exist.
6. Presentation by PYC
The delegation was briefed by Mr Thembisile Macelesi,
chairperson of the PYC.
(a) Questions asked
* Does the PYC have statistics on youth who are
infected with HIV/AIDS?
* What is the relationship between the PYC and the
Standing Committee?
* Why in the Provincial Youth Commission Act is the
PYC proposing the appointment of three full-time
provincial commissioners?
* What are the PYC's expectations of the Standing
Committee?
* Why does the PYC want to implement or start pilot
projects?
* How is the relationship between the PYC and the
National Youth Commission?
* Is the Premier aware of the dissolution of the
Interdepartmental Youth Committee?
(b) Problems identified (which hinders service delivery)
* There is no provision for the creation of Provincial
Youth Commissions in the National Youth Commission Act
* The National Youth Commission Act also does not
outline the relationship between the NYC and PYC
* The National Youth Commission Act fails to define
the role of provincial governments in funding the
operations and programmes of the PYC.
(c) Weaknesses identified
* Lack of clearly defined powers of the NYC over the
PYC
* Lack of monitoring of projects
* Lack of database on status of youth in the province
* Lack of co-ordination of youth programmes in the
province
* Shortcomings of the NYC are allowed to influence
their work.
7. Outreach visit
The Committee was divided into two groups, because of the
vastness of the province, and to award members an opportunity
to see different things at the same time. The one group would
report to the other.
Places to be visited
(a) Multi-Purpose Youth Centre in Cradock
(b) Makana Primary School, Day-Care Hospital and Welfare
Offices in Grahamstown
(c) Special School for Mentally Disabled Children in Tsolo
(d) Fabkomp factory in Sweetwater's
Group 1
This group went to Grahamstown and Cradock, and consisted of:
* Ms Bogopane, leader of the delegation
* Mr C Motsilili
* Mr T Macelesi
* Mr D P N Maloyi, Committee member
* Mr M I Moss, Committee member
* Mr N M Raju, Committee member
* Ms S Rajbally, Committee member.
The aim was to evaluate the accessibility project, which is a
partnership between the PYC, the OSDP and the Department of
Public Works.
(a) Accessibility project
The project has benefitted young people and will benefit
disabled people in the future. The following weaknesses
were identified:
* Before identifying and prioritising buildings, there
was not proper consultation with and agreement by the
stakeholders, which, for example, led to buildings not
in urgent need of renovations being renovated.
The deputy director of the OSDP herself is physically
disabled. She has been in an inaccessible office for
the past two years - she could hardly identify her own
office for renovation. Also, there is no sign for
parking for people with disability at the legislature,
where she parks every day. Instead, a primary school in
a community in Grahamstown was renovated, where there
is no disabled child enrolled.
* Lack of consultation with people working in or
heading the different institutions identified to be
made accessible.
For example: The Grahamstown Day Hospital used a ramp
for stretchers when ambulances brought patients there.
The ramp can now not be used for that purpose anymore,
as walls have been built to make it longer so as to
enable a person in a wheelchair to use it without
assistance. So now the clinic is inaccessible, as it
has no ramp for severely ill patients.
When we enquired how such a mistake can happen, the
sisters and doctors indicated that they were neither
consulted nor informed of the renovations - they were
not even aware of what else would be happening to the
clinic. All they knew, was that people had come to take
measurements; they never saw the plans or charts.
* The project is not supervised by anybody to ensure
that it meets the required accessibility standards,
neither is anybody checking structure quality.
At the Department of Welfare, a toilet had to be
renovated by fitting a slightly wider sliding door.
However, all that was done, was to change the door to
open from the outside instead of the inside, which made
it difficult for a person in a wheelchair to open it,
as it would open towards that person.
At Makana Primary School, ramps were built, but the
classroom was still inaccessible. A child would go up
the ramp, but would not be able to enter the classroom.
* The project was not planned; the stakeholders did
not agree to the duration of the contract (the
commission indicated that the department had said the
money was finished, but the contractors did not
complete the work).
* The OSDP indicated that it is the South African
Federal Council on Disability (SAFCD) that had handled
the project. They provided the list of buildings and
accessibility guidelines, and they entered into the
partnership, not the OSDP.
* The PYC indicated that they were responsible for
identifying young people for training as well as for
the institutions that trained young people. They were
further responsible for facilitating a way of
integrating these young people at the end of the
project. The employers have taken some of the young
people permanently.
(c) Visit to Mayor's office
We met the Mayor and his councillors, but we were unable
to hold a meaningful meeting - the lift was not working,
so we could not reach his office. We were introduced, and
the purpose of the visit to Grahamstown was explained.
(d) Visit to Youth Multi-Purpose Centre in Cradock
This Centre is one of those built by the PCY. The manager
gave a brief background and took us on a tour around the
building. He indicated that he would no longer be able to
manage the Centre, as he was going back to the
Department.
The purpose of the Centre was for departments to use it
for their youth programmes. Unfortunately that has not
happened yet, as it is a well-developed structure, but
under-utilised at present.
Group 2
This group went to the Tsolo Special School for Mentally
Disabled Children, and consisted of:
* Mr B Willem, leader of the delegation
* Ms Hobongwana, Standing Committee member
* Ms M S Maine, Committee member
* Ms N Cindi, Committee member
* Mrs J Witbooi, Committee member
* Ms C Nkuna, Committee member.
(a) The principal of the school welcomed the delegation:
* In 1977, the School started catering for mentally
disabled children only. The vision of this School is to
develop and raise the level of self-esteem of mentally
disabled children through education, training and
practical skills. Through its mission statement, the
School is committed to work in partnership with all
stakeholders, so as to ensure that each learner receive
the best education.
* At present, the School has an enrolment figure of
70, and three teachers employed by the government, plus
two volunteers and nine non-teachers.
* The government, grants and school fees of R100 per
learner per month fund the school.
* The school governing body consists of a social
worker, a psychiatric nurse, four parents, two
community members and the school principal.
(b) Constraints
The principal mentioned the following problems hindering
the effectiveness of the school:
* Lack of access to telephones
* Lack of access to electricity
* Lack of accommodation
* Lack of beds and bedding.
(c) Meeting with Premier
The Committee met with the Premier before they left the
province on 4 May. Introductions were done by both
chairpersons.
The background to the visit was set out by the
chairperson of the Committee. The provincial programme
was outlined by the chairperson of the Standing
Committee.
The Premier welcomed the Committee to his Office (not to
the province, as that had already been done by the deputy
speaker). He also thanked us for visiting the Eastern
Cape.
Ms Bogopane highlighted our findings and recommendations
to be considered by the province, and referred to
presentations, questions asked and weaknesses identified.
Findings and recommendations in this Report are the
issues raised with the Premier, recommendations made to
him and his response to questions.
C. Conclusion
This visit was long overdue - the province required guidance on a
number of areas, and we were in a position to assist. Committee
members were exposed to the challenges faced by provinces, the
interpretation of some of the legislation passed by the National
Assembly and how this impacts on the lives of people in the
province.
Lack of exposure to a number of activities, and to documents,
impedes smooth functioning and interpretation of issues by the
province. The impact of poverty is a reality in the province.
There is a high level of illiteracy, and officials in the
Premier's Office lack a general understanding of the political
clout and status of their programme in relation to other
departments.
Due to the vast needs of the province, institutions such as the
PYC, which is supposed to be co-ordinating programmes, end up
implementing programmes in order to try and meet the needs of
young people in the province. This leads to misunderstanding of
the role of these programmes, and the chances of it being
corrected, are very slim.
D. Recommendations
The Committee recommends that:
(a) the name and status of the Standing Committee on Youth,
Gender and Disabled be changed
(b) the Provincial Plan of Action for children be relocated to
the Premier's Office
(c) budgets be allocated to programmes, so as to enable it to
function properly
(d) the OSDP be staffed immediately to ensure that it is well-
equipped to respond to the needs of disabled people
(e) the Integrated National Disability Strategy be
provincialised to ensure that it responds to the
immediate needs of disabled people
(f) an awareness campaign on inclusive education be
established, led by the Standing Committee
(g) amendments to the promotion of youth affairs be fast-
tracked
(h) the amendments in paragraph (g) above also include a
reduction in the number of commissioners and in their
terms of office
(i) the restructuring of the Provincial Youth Commission be
accelerated
(j) the role of the Premier's Office be re-emphasised to
public servants serving in that Office, and that the
Standing Committee explain their political responsibility
to them
(k) the Standing Committee concentrate on the implementation
and allocation of budgets to the programmes it is
responsible for
(l) the Standing Committee no longer deal with junior
officials but with heads of department
(m) the Standing Committee monitor all departments, not only
ones closely linked to it.
Report to be considered.
THURSDAY, 13 DECEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the Acting President of the Republic in respect of the
following Bills:
(a) Demobilisation Amendment Bill [B 5B - 2001] - Act No 43 of
2001 (assented to and signed by Acting President on 11
December 2001);
(b) Termination of Integration Intake Bill [B 6B - 2001] - Act
No 44 of 2001 (assented to and signed by Acting President
on 11 December 2001); and
(c) Medical Schemes Amendment Bill [B 80B - 2001] - Act No 55
of 2001 (assented to and signed by Acting President on 11
December 2001).
National Council of Provinces:
- The Chairperson:
The vacancy in the representation of the Province of the Western Cape,
which occurred owing to the resignation of Ms J Witbooi with effect
from 4 December 2001, has been filled with effect from 5 December 2001
by the appointment of Dr A E van Zyl.
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Public Services:
(a) Bilateral Air Service Agreement between the Government of
the Republic of South Africa and the Government of the Kingdom
of Sweden, tabled in terms of section 231(3) of the
Constitution, 1996.
(b) Bilateral Air Service Agreement between the Government of
the Republic of South Africa and the Government of the Kingdom
of Denmark, tabled in terms of section 231(3) of the
Constitution, 1996.
(c) Bilateral Air Service Agreement between the Government of
the Republic of South Africa and the Government of the Kingdom
of Norway, tabled in terms of section 231(3) of the
Constitution, 1996.
(d) Agreement between the Government of the Republic of South
Africa and the Government of the United Arab Emirates for Air
Services between and beyond their respective territories,
tabled in terms of section 231(3) of the Constitution, 1996.
(e) Agreement between the Government of the Republic of South
Africa and the Government of the People's Republic of China
relating to Civil Air Transport, tabled in terms of section
231(3) of the Constitution, 1996.
(f) Air Transport Agreement between the Government of the
Republic of South Africa and the Government of the Islamic
Republic of Iran, tabled in terms of section 231(3) of the
Constitution, 1996.
(g) Bilateral Air Service Agreement between the Government of
the Republic of South Africa and the Government of the
Republic of Cuba, tabled in terms of section 231(3) of the
Constitution, 1996.
(h) Agreement between the Government of the Republic of South
Africa and the Government of the Hong Kong Special
Administrative Region of the People's Republic of China
concerning Air Services, tabled in terms of section 231(3) of
the Constitution, 1996.
(i) Bilateral Air Service Agreement between the Government of
the Republic of South Africa and the Government of the
Republic of Yemen, tabled in terms of section 231(3) of the
Constitution, 1996.
(2) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
Report and Financial Statements of the Land Bank for 2000,
including the Report of the Auditor-General on the Financial
Statements for 2000.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of the
Reinsurance Fund for Export Credit and Foreign Investments for 2000-
2001 [RP 194-2001].
- The Minister of Arts, Culture, Science and Technology:
(1) Report and Financial Statements of the South African Heritage
Resources Agency for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001.
(2) Report and Financial Statements of the National Film and Video
Foundation for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001 [RP 196-2001].
(3) Report of the National Advisory Council on Innovation for 2000-
2001.
- The Minister of Public Enterprises:
(1) Report and Financial Statements of South African Forestry
Company Limited for 1998-99.
(2) Report and Financial Statements of South African Forestry
Company Limited for 1999-2000.
- The Minister of Trade and Industry:
Report and Financial Statements of the Industrial Development
Corporation of South Africa Limited for 2000-2001.
- The Minister for the Public Service and Administration:
Report and Financial Statements of State Information Technology Agency
for 2000-2001, including the Report of the Auditor-General on the
Financial Statements for 2000-2001 [RP 127-2001].
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
- Report of the Constitutional Review Committee, dated 14 November 2001:
The Constitutional Review Committee reports as follows:
1. As a result of a very full parliamentary programme and members'
many other duties and commitments, the Committee met only three
times. The subgroup, whose task it was to consider the submissions
received and to plan the Constitutional Literacy Campaign, met
twice only. The result was that the Committee did not have the
time to consider the submissions it had received, as it would have
liked to.
2. The Committee received 328 submissions. Because no due date had
been indicated in the advertisement, submissions were received
throughout the year.
3. Issues raised in the submissions included the following, in
order of numbers:
(a) Right to possess, bear and use firearms.
(b) Death penalty.
(c) Rule of Law and fitting punishment for criminals.
(d) Electoral system.
(e) Chapter Nine bodies - appointment of members, size,
performance and efficacy.
(f) Multilingualism.
(g) Rights and powers of local, traditional and indigenous
leaders.
(h) Bill of Rights.
(i) Accountability of public representatives.
(j) Separation of powers.
4. It was apparent from the submissions received that most members
of the public did not have a clear understanding of what should be
enshrined in the Constitution, and what should be provided for in
legislation. The Committee was very aware of this fact, and tasked
its subgroup to investigate the possibility to initiate a
Constitutional Literacy Campaign, to be run countrywide, before
the next general election.
5. The Committee realised that, when formulating advertisements in
future, it would be wise to focus on certain issues each year,
without precluding submissions from the public on general issues.
Political parties should submit representations on constitutional
matters which they regard in need of attention.
6. The Committee is of the view that there is a need to clarify its
role in relation to other parliamentary committees, which propose
and effect amendments to the Constitution. The Committee further
deems it desirable that all envisaged amendments to the
Constitution also be referred to it for input. The Committee deems
it important that there should be a clear understanding among
parliamentary committees about their individual functions and
powers. This matter needs to be pursued in 2002.
Report to be considered.
TUESDAY, 15 JANUARY 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Justice and Constitutional Development on 7
December 2001 submitted a draft of the Insolvency Amendment Bill,
2001, 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).
National Council of Provinces:
- The Chairperson:
The Minister of Finance on 4 December 2001 submitted drafts of the
Development Bank of Southern Africa Amendment Bill, 2001, and the
Financial Services Ombudschemes Bill, 2001, as well as the memoranda
explaining the objects of the proposed legislation, to the Chairperson
in terms of Joint Rule 159. The drafts have been referred to the Select
Committee on Finance by the Chairperson in accordance with Joint Rule
159(2).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Interim Report of the Special Investigating Unit for 2001.
- The Minister for Agriculture and Land Affairs:
Report and Financial Statements of the Department of Agriculture for
2000-2001, including the Report of the Auditor-General on the Financial
Statements of Vote 3 - Agriculture for 2000-2001 [RP 83-2001]. 3. The Minister of Water Affairs and Forestry:
(a) Report and Financial Statements of Albany Coast Water Board for
2000-2001.
(b) Report and Financial Statements of Amatola Water Board for 2000-
2001.
(c) Report and Financial Statements of Ikangala Water Board for 2000-
2001.
(d) Report and Financial Statements of Kalahari East Water Board for
2000-2001.
(e) Report and Financial Statements of Kalahari West Water Board for
2000-2001.
(f) Report and Financial Statements of Mhlatuze Water Board for 2000-
2001.
(g) Report and Financial Statements of North West Water Supply
Authority Board for 2000-2001.
(h) Report and Financial Statements of Overberg Water Board for 2000-
2001.
(i) Report and Financial Statements of Rand Water Board for 2000-
2001.
(j) Report and Financial Statements of Umgeni Water Board for 2000-
2001.
(k) Environment, Health and Safety Report of Umgeni Water Board for
2000-2001.
(l) Technical and Scientific Statistics Report of Umgeni Water Board
for 2000-2001.
National Council of Provinces:
- The Chairperson:
The President of the Republic submitted the following letter, dated 4
January 2002, to the Chairperson of the National Council of Provinces
informing Parliament of the employment of the South African National
Defence Force:
Dear Mrs Pandor,
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN
COMPLIANCE WITH THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF
SOUTH AFRICA TOWARDS THE ORGANISATION OF AFRICAN UNITY
This serves to inform the National Council of Provinces that I
authorised the employment of South African National Defence Force
(SANDF) personnel to fulfil the international obligations of the
Republic of South Africa towards the OAU Mission in the Federal
Islamic Republic of Comoros (FIRC).
This employment was authorised in accordance with the provisions
of Section 82(4)(b)(ii) read with Section 227(1)(b) and (c) of the
Constitution of the Republic of South Africa, 1993 (Act No. 200 of
1993), [which Sections continue to be in force in terms of item
24(1) of Schedule 6 to the Constitution of the Republic of South
Africa, 1996 (Act No. 108 of 1996)], read further with Section
3(2)(a)(v) of the Defence Act, 1957 (Act No. 44 of 1957).
A total of 4 personnel has been deployed to the Federal Islamic
Republic of the Comoros (FIRC) to act as military observers as
part of the OAU Military Observer Mission to the Comoros to
oversee the operation of arms collection on the island of Anjouan.
The deployment is made up of:
(a) 1X Colonel - Small arms expert to lead the mission
(b) 1X Major - Small arms expert
(c) 1X Warrant Officer - Secretary
(d) 1X Warrant Officer - Small arms expert
The SANDF members have been deployed for a total of 21 days with
the possibility that members may be required to deploy for a
maximum period of up to six months to cover possible extension of
the mission.
The expected costs for the deployment of personnel for 21 days up
to a maximum of 180 days (6 months) to the mission area are as
follows:
(a) Deployment of 4 personnel for 21 days (accommodation in
tents)R34 740,30
(b) Deployment of 4 personnel for 21 days (accommodation in
hotelR30 064,86
(c) Deployment of 4 personnel for 180 days (accommodation in
tents)R222 059,69
(d) Deployment of 4 personnel for 21 days (accommodation in
tents)R181 984,49
(e) Transport and accommodation for mobilisation (two members
to mobilise from Cape Town - costs already included in
the above totals)R10 000,00
The total cost may thus amount to a total of between R30 064,86
and R222 059,69.
The Department of Defence is responsible for the costs of this
deployment.
I will also communicate this report to the Members of the National
Assembly, and wish to request that you bring the contents of this
report to the notice of the National Council of Provinces.
Regards
TM MBEKI
THURSDAY, 17 JANUARY 2002
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report and Financial Statements of the Pan South African Language Board
for 2000-2001.
- The Minister of Finance:
(1) Resolutions of the Standing Committee on Public Accounts for
2001 and replies thereto obtained by the National Treasury -
Third, Fourth and Sixth Reports, 2001.
(2) Government Notice No 1045 published in the Government Gazette No
22757 dated 17 October 2001, Determination of interest rate for
purposes of Paragraph (a) of the definition of "official rate of
interest" in Paragraph 1 of the Seventh Schedule to the Income Tax
Act, 1962, made in terms of the Income Tax Act, 1962 (Act No 58 of
1962).
(3) Government Notice No R.1176 published in the Government Gazette
No 22822 dated 16 November 2001, Repeal of the Debt Standstill
Regulations, made in terms of section 9 of the Currency and
Exchanges Act, 1933 (Act No 9 of 1933).
(4) Government Notice No R.1227 published in the Government Gazette
No 21 November 2001, Regulations made in terms of section 12G(7)
of the Income Tax Act, 1962 (Act No 58 of 1962).
(5) Proclamation No R.61 published in the Government Gazette No
22814 dated 6 November 2001, Transfer of the administration of the
National Development Agency Act, 1998 (Act No 108 of 1998) and
power or function from the Minister of Finance to the Minister of
Social Development, made in terms of section 97 of the
Constitution of the Republic of South Africa, 1996 (Act No 108 of
1996).
- The Minister of Labour:
(1) Report and Financial Statements of the Wholesale and Retail
Sector Education and Training Authority for 2000-2001, including
the Report of the Auditor-General on the Financial Statements for
2000-2001 [RP 192-2001].
(2) Report and Financial Statements of the Diplomacy, Intelligence,
Defence and Trade Education and Training Authority for 2000-2001.
(3) Report and Financial Statements of the Sector Education and
Training Authority for Secondary Agriculture for 2000-2001,
including the Report of the Auditor-General on the Financial
Statements for 2000-2001 [RP 210-2001].
(4) Report and Financial Statements of the Information Systems,
Electronics and Telecommunication Technologies Sector Education
and Training Authority for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001.
- The Minister of Water Affairs and Forestry: (1) Report and Financial Statements of the Magalies Water Board for 2000-2001.
(2) Report and Financial Statements of the Pelladrift Water Board
for 2000-2001.
WEDNESDAY, 23 JANUARY 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(a) Private Security Industry Regulation Bill [B 12B - 2001] -
Act No 56 of 2001 (assented to and signed by President on
15 January 2002); and
(b) Unemployment Insurance Bill [B 3D - 2001] - Act No 63 of
2001 (assented to and signed by President on 13 January
2002).
(2) The Minister for Agriculture and Land Affairs submitted the
Wetsontwerp op die Identifikasie van Diere [W 49 - 2001] (National
Assembly - sec 75) to the Speaker and the Chairperson on 22
January 2002. This is the official translation of the Animal
Identification Bill [B 49 - 2001] (National Assembly - sec 75),
which was introduced in the National Assembly by the Minister on
27 August 2001.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Public Enterprises:
(1) Annual Report and Financial Statements of the South African
Forestry Company Limited (SAFCOL) for 2000-2001.
- The Minister of Labour:
(1) Convention concerning Tripartite Consultations to Promote the
Implementation of International Labour Standards, 1976 (Convention
No 144), tabled in terms of section 231(2) of the Constitution,
1996.
(2) Convention concerning Occupational Safety and Health and the
Working Environment, 1983 (Convention No 155), tabled in terms of
section 231(2) of the Constitution, 1996.
(3) Explanatory Memorandum to the Conventions.
(4) Report and Financial Statements of the Primary Agricultural
Sector Education and Training Authority for 2000-2001, including
the Report of the Auditor-General on the Financial Statements for
2000-2001 [RP 213-2001].
(5) Report and Financial Statements of the Financial and Accounting
Services Sector Education and Training Authority for 2000-2001,
including the Report of the Auditor-General on the Financial
Statements for 2000-2001 [RP 185-2001].
(6) Report and Financial Statements of the Transport Education and
Training Authority for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001.
FRIDAY, 25 JANUARY 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The Minister for Justice and Constitutional Development on 13 December
2001 submitted drafts of the Restoration of Enrolment of Certain Legal
Practitioners Bill, 2001, and the Child Justice Bill, 2001, as well as
the memorandums explaining the objects of the proposed legislation, to
the Speaker and the Chairperson in terms of Joint Rule 159. The drafts
have 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).
National Council of Provinces:
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following paper is referred to the Select Committee on
Security and Constitutional Affairs:
Interim Report of the Special Investigating Unit for 2001.
(2) The following papers are referred to the Select Committee on
Land and Environmental Affairs:
(a) Report and Financial Statements of the Department of
Agriculture for 2000-2001, including the Report of the Auditor-
General on the Financial Statements of Vote 3 - Agriculture
for 2000-2001 [RP 83-2001].
(b) Report and Financial Statements of Albany Water Board for
2000-2001.
(c) Report and Financial Statements of Amatola Water Board for
2000-2001.
(d) Report and Financial Statements of Ikangala Water Board
for 2000-2001.
(e) Report and Financial Statements of Kalahari East Water
Board for 2000-2001.
(f) Report and Financial Statements of Kalahari West Water
Board for 2000-2001.
(g) Report and Financial Statements of Mhlatuze Water Board
for 2000-2001.
(h) Report and Financial Statements of North West Water Supply
Authority Board for 2000-2001.
(i) Report and Financial Statements of Overberg Water Board
for 2000-2001.
(j) Report and Financial Statements of Rand Water Board for
2000-2001.
(k) Report and Financial Statements of Umgeni Water Board for
2000-2001.
(l) Environment, Health and Safety Report of Umgeni Water
Board for 2000-2001.
(m) Technical and Scientific Statistics of Umgeni Water Board
for 2000-2001.
(3) The following papers are referred to the Select Committee on
Finance:
(a) Government Notice No 1045 published in Government Gazette
No 22757 dated 17 October 2001, Determination of interest rate
for purposes of Paragraph (a) of the definition of "official
rate of interest" in Paragraph 1 of the Seventh Schedule to
the Income Tax Act, 1962, made in terms of the Income Tax Act,
1962 (Act No 58 of 1962).
(b) Government Notice No R.1176 published in Government
Gazette No 22822 dated 16 November 2001, Repeal of the Debt
Standstill Regulations, made in terms of section 9 of the
Currency and Exchanges Act, 1933 (Act No 9 of 1933).
(c) Government Notice No R.1227 published in Government
Gazette No 22848 dated 21 November 2001, Regulations made in
terms of section 12G(7) of the Income Tax Act, 1962 (Act No 58
of 1962).
(4) The following paper is referred to the Select Committee on
Finance and to the Select Committee on Social Services:
Proclamation No R.61 published in Government Gazette No 22814
dated 6 November 2001, Transfer of the administration of the
National Development Agency Act, 1998 (Act No 108 of 1998) and
power or function from the Minister of Finance to the Minister of
Social Development, made in terms of section 97 of the
Constitution of the Republic of South Africa, 1996 (Act No 108 of
1996).
(5) The following paper is referred to the Select Committee on
Education and Recreation:
Report and Financial Statements of the Pan South African Language
Board for 2000-2001.
(6) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Economic Affairs:
Report and Financial Statements of the Wholesale and Retail Sector
Education and Training Authority for 2000-2001, including the
Report of the Auditor-General on the Financial Statements for 2000-
2001 [RP 192-2001].
(7) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Security and Constitutional Affairs:
Report and Financial Statements of the Diplomacy, Intelligence,
Defence and Trade Education and Training Authority for 2000-2001.
(8) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on Land
and Environmental Affairs:
Report and Financial Statements of the Sector Education and
Training Authority for Secondary Agriculture for 2000-2001,
including the Report of the Auditor-General on the Financial
Statements for 2000-2001 [RP 210-2001].
(9) The following paper is referred to the Select Committee on
Labour and Public Enterprises:
Report and Financial Statements of the Information Systems,
Electronics and Telecommunication Technologies Sector Education
and Training Authority for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001.
(10)The following paper is referred to the Select Committee on Land and
Environmental Affairs:
Report and Financial Statements of the Magalies Water Board for
2000-2001.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
The Report of the Auditor-General on the Annual Financial Statements of
the Universal Service Agency and the Universal Service Fund for 2000-
2001 [RP 215-2001].
- The Minister of Minerals and Energy:
Report and Financial Statements of the Council for Geoscience for 2000-
2001, including the Report of the Auditor-General on the Financial
Statements for 2000-2001.
WEDNESDAY, 30 JANUARY 2002
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Environmental Affairs and Tourism:
(a) Report and Financial Statements of the South African National
Parks Board for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001.
(b) Report and Financial Statements of the Marine Living Resources
Fund for 2000-2001, including the Report of the Auditor-General on
the Financial Statements for 2000-2001 [RP 215-2001].
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Land and Environmental Affairs on the Veterinary and Para-Veterinary Professions Amendment Bill [B 66B - 2001] (National Assembly - sec 75), dated 22 January 2002:
The Select Committee on Land and Environmental Affairs, having considered the subject of the Veterinary and Para-Veterinary Professions Amendment Bill [B 66B - 2001] (National Assembly - sec 75), referred to it, reports the Bill with proposed amendments, as follows:
CLAUSE 3
-
On page 3, in line 60, to omit “5(2)(f) or (g)” and to substitute with “ 5(2)(a)(d)(e)(f) or (g)”.
-
On page 4, in line 1, to omit “;” and to insert “,where required to be so”.
-
On page 4, in line 21, to omit “[council] standing committee” and to substitute with “council”.
-
-
Report of the Select Committee on Land and Environmental Affairs on the Animal Identification Bill [B 49 - 2001] (National Assembly - sec 75), dated 22 January 2002:
The Select Committee on Land and Environmental Affairs, having considered the subject of the Animal Identification Bill [B 49 - 2001] (National Assembly - sec 75), referred to it, reports the Bill with proposed amendments, as follows:
CLAUSE 1
-
On page 2, in line 19, to omit “or”.
-
On page 2, in line 21, to insert “or” after “tag;”
-
On page 2, after line 21, to add the following paragraph:
(d) notch or hole; CLAUSE 12 -
On page 4, in line 30, to omit “sampling” and to substitute with “seizure”. MONDAY, 4 FEBRUARY 2002
-
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Finance on 29 January 2002 submitted a draft of
the Local Government: Municipal Finance Management 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 Finance and the Select Committee on Finance by the Speaker and
the Chairperson, respectively, in accordance with Joint Rule
159(2).
(2) The following Bill was introduced by the Minister of Finance in
the National Assembly on 1 February 2002 and referred to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint Rule
160:
(i) Local Government: Municipal Finance Management Bill [B 1 -
2002] (National Assembly - sec 75) [Bill and prior notice of
its introduction published in Government Gazette No 22645 of
31 August 2001.]
The Bill has been referred to the Portfolio Committee on Finance
of the National Assembly.
NOTE:
The Portfolio Committee on Finance has been instructed by the
Speaker in terms of National Assembly Rule 249(3)(c) to
consult the Portfolio Committee on Provincial and Local
Government on the Bill.
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.
(3) The following Bill was introduced by the Minister in The
Presidency in the National Assembly on 4 February 2002 and
referred to the Joint Tagging Mechanism (JTM) for classification
in terms of Joint Rule 160:
(i) Media Development and Diversity Agency Bill [B 2 - 2002]
(National Assembly - sec 75) [Bill and prior notice of its
introduction published in Government Gazette No 23090 of 4
February 2002.]
The Bill has been referred to the Portfolio Committee on
Communications 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:
- The Minister for Justice and Constitutional Development:
(1) Proclamation No R.56 published in Government Gazette No 22811
dated 2 November 2001, Referral of matter to existing Special
Investigating Unit and Special Tribunal, made in terms of section
2(1) of the Special Investigating Units and Special Tribunal Act,
1996 (Act No 74 of 1996).
(2) Proclamation No R.57 published in Government Gazette No 22811
dated 2 November 2001, Referral of matter to existing Special
Investigating Unit and Special Tribunal, made in terms of section
2(1) of the Special Investigating Units and Special Tribunal Act,
1996 (Act No 74 of 1996).
(3) Government Notice No R.957 published in Government Gazette No
22741 dated 5 October 2001, Amendment of regulations relating to
Sheriffs, 1990, made in terms of section 62 of the Sheriffs Act,
1986 (Act No 90 of 1986).
(4) Government Notice No R.1002 published in Government Gazette No
22734 dated 12 October 2001, Regulations in terms of section 103
of the Administration of Estates Act, 1965 (Act No 66 of 1965).
(5) Legal Aid Guide, 2001 from the Legal Aid Board.
-
The Minister for Agriculture and Land Affairs: Report and Financial Statements of the Department of Land Affairs for 2000-2001, including the Reports of the Auditor-General on the Financial Statements of Vote 20 - Land Affairs for 2000-2001 and on the Financial Statements of the Registration of Deeds Trading Account for 2000-2001 [RP 180-2001].
-
The Minister of Minerals and Energy:
Report and Financial Statements of the National Nuclear Regulator for
2000-2001, including the Report of the Auditor-General on the Financial
Statements for 2000-2001.
TUESDAY, 5 FEBRUARY 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and Chairperson:
The following changes have been made to the membership of Joint
Committees, viz:
Joint Budget Committee:
Appointed: Koornhof, G W.
Joint Monitoring Committee on Children, Youth and Persons with
Disability:
Appointed: Morkel, C M; Witbooi, J.
Joint Monitoring Committee on Improvement on Quality of Life and Status
of Women:
Appointed: Camerer, S M; Witbooi, J; Nel, P J C (Alt); Mndende, N.
Joint Standing Committee on Defence:
Appointed: Blaas, A; Horne, J; Smit, H A (Alt).
Joint Standing Committee on Intelligence:
Appointed: Matthee, P A; Olckers, M E.
National Council of Provinces:
- The Chairperson:
Regrouping of Select Committees with effect from 1 January 2002:
[A1] Security & Constitutional Affairs:
(Justice & Constitutional Development, Safety & Security, Defence,
Correctional Services)
Province Party Delegate Male Female
Eastern Cape ANC W Boyce M
Free State ANC T Ralane M
DP C-S Botha (alt) F
Gauteng ANC MW Moosa (alt) M
ANC J Kgoali F
NNP EA Conroy M
KwaZulu-Natal NNP PA Matthee M
ANC Prince BZ Zulu M
Mpumalanga ANC BJ Mkhalipi M
DP GR Krumbock M
Northern Cape ANC EN Lubidla F
ANC MA Sulliman (alt) M
NNP J Horne M
North West DP L Lever (alt) M
ANC PDN Maloyi M
ANC ME Surty (alt) M
Northern
Province ANC Kgoshi M L Mokoena M
(Chair)
UDM R M Nyakane M
Western Cape ANC ND Ntwanambi (alt) F
ACDP KDS Durr (alt) M
NNP C Ackermann M
[A2] Local Government & Administration:
(Provincial & Local Government, Public Service & Administration)
Province Party Delegate Male Female
Eastern Cape ANC W Boyce M
Free State ANC T Ralane M
DP C-S Botha (alt) F
Gauteng ANC MW Moosa (alt) M
ANC J Kgoali F
NNP EA Conroy M
KwaZulu-Natal NNP PA Matthee M
ANC Prince BZ Zulu M
Mpumalanga ANC BJ Mkhaliphi M
(Chair)
DP GR Krumbock M
Northern
Cape ANC EN Lubidla F
ANC MA Sulliman (alt) M
NNP J Horne M
North West DP L Lever (alt) M
ANC PDN Maloyi M
Northern
Province ANC Kgoshi M L Mokoena M
UDM RM Nyakane M
Western Cape ANC ND Ntwanambi (alt) F
ACDP KDS Durr (alt) M
NNP C Ackermann M
[A3] Members' Legislative Proposals:
Province Party Delegate Male Female
Eastern Cape ANC W Boyce M
Free State ANC T Ralane M
DP C-S Botha (alt) F
Gauteng ANC MW Moosa M
DP JL Theron (alt) M
NNP EA Conroy M
Kwazulu-Natal NNP PA Matthee (Chair) M
ANC Prince BZ Zulu (alt) M
Mpumalanga ANC TB Taabe M
AN C BJ Mkhaliphi M
DP G R Krumbock M
Northern CapeANC EN Lubidla F
ANC MA Sulliman (alt) M
NNP J Horne M
North West DP L Lever (alt) M
ANC PDN Maloyi M
Northern
Province ANC Kgoshi M L Mokoena M
UDM RM Nyakane M
Western
Cap ANC ND Ntwanambi (alt) F
ACDP KDS Durr (alt) M
NNP C Ackermann M
[B] Finance:
Province Party Delegate Male Female
Eastern Cape UDM HT Sogoni M
Free State ANC T Ralane M
DP C-S Botha (alt) F
ANC TS Setona (alt) M
Gauteng ANC QD Mahlangu F
(Chair)
DP JL Theron M
NNP EA Conroy (alt) M
KwaZulu-Natal
ANC B Thomson F
Mpumalanga ANC TB Taabe M
Northern
Cape ANC A Lucas M
North West ANC ZS Kolweni M
Northern
Province ANC MI Makoela M
Western
Cape ACDP KDS Durr M
ANC ND Ntwanambi (alt) F
[C1] Social Development:
(Health, Social Development & Home Affairs)
Province Party Delegate Male Female
Eastern Cape ANC RG Nogumla (alt) M
DP EC Gouws F
UDM HT Songoni M
Free State ANC SN Ntlabati F
NNP PJC Nel M
Gauteng ANC LJacobus (Chair) F
DP JL Theron M
ANC JL Kgoali F
KwaZulu-
Natal DP NM Raju M
IFP J Vilakazi F
ANC Prince BZ Zulu M
(alt)
Mpumalanga ANC BJ Tolo M
Northern
Cape ANC DM Kgware M
NNP J Horne M
North West UCDP JO Tlhagale M
ANC PDN Maloyi (alt) M
Northern
Province ANC C Nkuna F
Western
Cape NNP A van Zyl F
NNP C Ackermann (alt) M
[C2] Education & Recreation:
(Education, Arts, Culture, Science & Technology, Sport & Recreation)
Province Party Delegate Male Female
Eastern
Cape ANC RG Nogumla M
DP EC Gouws F
UDM HT Songoni (alt) M
Free State ANC SN Ntlabati F
ANC M Chabaku F
Gauteng ANC L Jacobus F
DP JL Theron M
ANC JL Kgoali F
KwaZulu-
Natal DP NM Raju M
IFP J Vilakazi F
ANC Prince BZ Zulu M
Mpumalanga ANC BJ Tolo M
Northern
Cape ANC DM Kgware (Chair) M
NNP J Horne M
North West UCDP JO Tlhagale M
ANC PDN Maloyi (alt) M
Northern
Province ANC C Nkuna F
Western Cape NNP A van Zyl F
NNP C Ackermann (alt) M
[D1] Economic and Foreign Affairs:
(Trade & Industry, Foreign Affairs, Minerals & Energy)
Province Party Delegate Male Female
Eastern
Cape ANC BN Dlulane F
ANC R Nogumla M
Free State ANC T Setona M
DP C-S Botha (alt) F
Gauteng ANC MW Moosa (Chair) M
NNP EA Conroy M
DP JL Theron (alt) M
KwaZulu-
Natal IFP MJ Bhengu M
DP NM Raju (alt) M
Mpumalanga ANC MP Themba F
ANC TB Taabe M
Northern
Cape NNP AE van Niekerk M
ANC A Lucas (alt) M
North West ANC ZS Kolweni (alt) M
DP L Lever M
Northern
Province ANC SLE Fenyane M
Western
Cape ACDP KDS Durr (alt) M
ANC ND Ntwanambi F
NNP A van Zyl F
[D2] Labour & Public Enterprises:
(Labour, Public Enterprises, Posts, Telecommunications & Broadcasting)
Province Party Delegate Male Female
Eastern
Cape ANC BN Dlulane F
ANC B Willem M
Free State ANC T Setona M
DP C-S Botha (alt) F
NNP P J C Nel M
Gauteng ANC MW Moosa M
NNP EA Conroy M
DP JL Theron (alt) M
KwaZulu-
Natal IFP MJ Bhengu M
DP NM Raju (alt) M
Mpumalanga ANC MP Themba F
ANC TB Taabe (alt) M
Northern
Cape NNP AE van Niekerk M
ANC A Lucas (alt) M
North West ANC ZS Kolweni (alt) M
DP L Lever M
Northern
Province ANC SLE Fenyane(Chair) M
Western
Cape ACDP KDS Durr(alt) M
ANC ND Ntwanambi F
NNP A van Zyl F
[E1] Public Services:
(Housing, Public Works & Transport)
Province Party Delegate Male Female
Eastern
Cape DP EC Gouws (alt) F
ANC P C P Majodina
(Chair) F
Free State ANC M Chabaku F
NNP PJC Nel M
ANC T Ralane (alt) M
Gauteng NNP EA Conroy M
ANC JL Kgoali (alt) F
KwaZulu-
Natal ANC B Thomson F
IFP JN Vilakazi (alt) F
DP N M Raju(alt) M
Mpumalanga ANC VV Windvoël M
ANC P Themba (alt) F
Northern
Cape ANC M A Sulliman M
NNP J Horne (alt) M
North West ANC P Moatshe M
Northern
Province UDM R Nyakane M
Western
Cape DP A Versfeld F
ANC ND Ntwanambi (alt) F
[E2] Land & Environmental Affairs:
(Agriculture & Land Affairs, Water Affairs & Forestry, Environmental
Affairs & Tourism)
Province Party Delegate Male Female
Eastern
Cape DP EC Gouws (alt) F
ANC BN Dlulane F
ANC RG Nogumla M
Free State ANC M Chabaku F
NNP PJC Nel (alt) M
Gauteng NNP EA Conroy M
ANC J Kgoali (alt) F
KwaZulu-
Natal ANC B Thomson F
IFP JN Vilakazi (alt) F
DP N M Raju(alt) M
Mpumalanga ANC V V Windvoël M
ANC P Themba (alt) F
Northern
Cape ANC MA Sulliman M
NNP J Horne (alt) M
North West ANC P Moatshe (Chair) M
Northern
Province UDM R Nyakane M
Western
Cape DP A Versfeld F
ANC ND Ntwanambi (alt) F
WEDNESDAY, 6 FEBRUARY 2002
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on Land
and Environmental Affairs:
Report and Financial Statements of the Primary Agricultural Sector
Education and Training Authority for 2000-2001, including the
Report of the Auditor-General on the Financial Statements for 2000-
2001 [RP 213-2001].
(2) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Finance:
Report and Financial Statements of the Financial and Accounting
Services Sector Education and Training Authority for 2000-2001,
including the Report of the Auditor-General on the Financial
Statements for 2000-2001 [RP 185-2001].
(3) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Public Services:
Report and Financial Statements of the Transport Education and
Training Authority for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001.
(4) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
Report and Financial Statements of the Department of Land Affairs
for 2000-2001, including the Reports of the Auditor-General on
Financial Statements of Vote 20 - Land Affairs for 2000-2001 and
on the Financial Statements of the Registration of Deeds Trading
Account for 2000-2001 [RP 180-2001].
(5) The following paper is referred to the Select Committee on
Economic and Foreign Affairs:
Report and Financial Statements of the National Nuclear Regulator
for 2000-2001, including the Report of the Auditor-General on the
Financial Statements for 2000-2001.
(6) The following papers are referred to the Select Committee on
Security and Constitutional Affairs:
(a) Proclamation No R.56 published in Government Gazette No
22811 dated 2 November 2001, Referral of matter to existing
Special Investigating Unit and Special Tribunal, made in terms
of section 2(1) of the Special Investigating Units and Special
Tribunal Act, 1996 (Act No 74 of 1996).
(b) Proclamation No R.57 published in Government Gazette No
22811 dated 2 November 2001, Referral of matter to existing
Special Investigating Unit and Special Tribunal, made in terms
of section 2(1) of the Special Investigating Units and Special
Tribunal Act, 1996 (Act No 74 of 1996).
(c) Government Notice No R.957 published in Government Gazette
No 22741 dated 5 October 2001, Amendment of regulations
relating to Sheriffs, 1990, made in terms of section 62 of the
Sheriffs Act, 1986 (Act No 90 of 1986).
(d) Government Notice No R.1002 published in Government
Gazette No 22734 dated 12 October 2001, Regulations in terms
of section 103 of the Administration of Estates Act, 1965 (Act
No 66 of 1965).
(7) The following paper is referred to the Select Committee on
Security and Constitutional Affairs for consideration and report:
Legal Aid Guide, 2001 from the Legal Aid Board.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Transport:
(a) Agreement between the Government of the Republic of South Africa
and the Government of the French Republic for the Co-ordination of
Search and Rescue Services, tabled in terms of section 231(3) of
the Constitution, 1996.
(b) Explanatory Memorandum to the Agreement.
- The Minister of Education:
Report and Financial Statements of the Forest Industry Education and
Training Authority, including the Report of the Auditor-General on the
Financial Statements for 2000-2001 [RP 18-2002].
THURSDAY, 7 FEBRUARY 2002
TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Minister of Environmental Affairs and Tourism:
(1) Cartagena Protocol on Biosafety to the Convention on Biological
Diversity, tabled in terms of section 231(2) of the Constitution,
1996.
(2) Explanatory Memorandum to the Cartagena Protocol.
FRIDAY, 8 FEBRUARY 2002
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Sport and Recreation:
Report and Financial Statements of the South African Institute for Drug-
Free Sport for 2000-2001.
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
- Report of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women on How best can South Africa address the horrific impact of HIV/Aids on Women and Girls?, dated 14 November 2001:
The Report is available from Parliament's website
http://www.parliament.gov.za/committees/improv.asp
MONDAY, 11 FEBRUARY 2002
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Public Services:
(a) Agreement between the Government of the Republic of South
Africa and the Government of the French Republic for the Co-
ordination of Search and Rescue Services, tabled in terms of
section 231(3) of the Constitution, 1996.
(b) Explanatory Memorandum to the Agreement.
(2) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
Report and Financial Statements of the Forest Industry Education
and Training Authority, including the Report of the Auditor-
General on the Financial Statements for 2000-2001 [RP 18-2002].
(3) The following papers are referred to the Select Committee on
Land and Environmental Affairs and to the Select Committee on
Economic and Foreign Affairs for consideration and report. The
committees must confer and the Select Committee on Land and
Environmental Affairs must report:
(a) Cartagena Protocol on Biosafety to the Convention on
Biological Diversity, tabled in terms of section 231(2)
of the Constitution, 1996.
(b) Explanatory Memorandum to the Cartagena Protocol.
(4) The following paper is referred to the Select Committee on
Education and Recreation:
Report and Financial Statements of the South African Institute for
Drug-Free Sport for 2000-2001.
TUESDAY, 12 FEBRUARY 2002
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(1) Report of the Registrar of Friendly Societies for 1999.
(2) Report of the Registrar of Friendly Societies for 2000.
(3) Report of the Registrar of Pension Funds for 2000.
(4) Report of the Registrar of Short-Term Insurance for 2000.
(5) Report of the Registrar of Long-Term Insurance for 2000.
- The Minister of Transport:
(1) Air Services Agreement between the Government of the Republic of
South Africa and the Government of the Kingdom of Belgium, tabled
in terms of section 231(3) of the Constitution, 1996.
(2) Explanatory Memorandum to the Agreement.
(3) Undertaking between the Government of the Republic of South
Africa and the Government of the Netherlands concerning the
recognition of Certificates under Regulation 1/10 of the
Standards, Certification and Watchkeeping for Seafarers (STCW)
Convention, tabled in terms of section 231(3) of the Constitution,
1996.
(4) Explanatory Memorandum to the Undertaking.
(5) Air Services Agreement between the Government of the Republic of
South Africa and the Government of Macau, tabled in terms of
section 231(3) of the Constitution, 1996.
(6) Explanatory Memorandum to the Agreement.
(7) Air Transport Agreement between the Government of the Republic
of South Africa and the Government of the Republic of Portugal,
tabled in terms of section 231(3) of the Constitution, 1996.
(8) Explanatory Memorandum to the Agreement.
(9) Bilateral Air Services Agreement between the Government of the
Republic of South Africa and the Government of the Democratic
People's Republic of Algeria, tabled in terms of section 231(3) of
the Constitution, 1996.
(10) Explanatory Memorandum to the Agreement.
- The Minister of Environmental Affairs and Tourism:
(1) Government Notice No 1399 published in Government Gazette No
22960 dated 21 December 2001, Regulations in terms of the National
Environment Management Act, 1998: Control of vehicles in the
coastal zone, made in terms of section 44 of the National
Environment Management Act, 1998 (Act No 107 of 1998).
(2) Kyoto Protocol to the United Nations Framework Convention on
Climate Change, tabled in terms of section 231(2) of the
Constitution, 1996.
(3) Explanatory Memorandum on the Kyoto Protocol.
WEDNESDAY, 13 FEBRUARY 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The following changes have been made to the membership of Joint
Committees, viz:
Constitutional Review:
Appointed: Ditshetelo, P H K.
Discharged: Mfundisi, I S.
Improvement of Quality of Life and Status of Women:
Appointed: Seeco, M A.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Report of the Auditor-General on the Financial Statements of the
Pan South African Language Board for 1997-98 [RP 07-2002].
(2) Report of the Auditor-General on the Financial Statements of the
Pan South African Language Board for 1998-99 [RP 06-2002].
(3) Report of the Auditor-General on the Financial Statements of the
Pan South African Language Board for 1999-2000 [RP 08-2002].
THURSDAY, 14 FEBRUARY 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Housing on 22 October 2001 submitted a draft of
the Disestablishment of the South African Housing Trust Limited
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 Housing 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 Select Committee on
Public Services at the request of the Minister of Housing in the
National Council of Provinces on 14 February 2002 and referred to
the Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160:
(i) Disestablishment of the South African Housing Trust
Limited Bill [B 3 - 2002] (National Council of Provinces - sec
76) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 22728 of 5
October 2001.]
The Bill has been referred to the Select Committee on Public
Services of the National Council of Provinces.
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.
National Council of Provinces:
- The Chairperson:
(1) The following members have been appointed to the working group
of the National Council of Provinces to consider the
implementation of the Constitutive Act of the African Union, viz:
Pandor, G N M; Mushwana, M L; Sulliman, M A; Lucas, G A; Matthee,
P A and Botha, C S.
(2) The following papers have been tabled and are now referred to
the relevant committees as mentioned below:
(a) The following paper is referred to the Select Committee on
Land and Environmental Affairs:
Government Notice No 1399 published in Government Gazette No
22960 dated 21 December 2001, Regulations in terms of the
National Environment Management Act, 1998: Control of vehicles
in the coastal zone, made in terms of section 44 of the
National Environment Management Act, 1998 (Act No 107 of
1998).
(b) The following papers are referred to the Select Committee
on Finance:
(i) Report of the Registrar of Friendly Societies for 1999.
(ii) Report of the Registrar of Friendly Societies for
2000.
(iii) Report of the Registrar of Pension Funds for 2000.
(iv) Report of the Registrar of Short-Term Insurance for
2000.
(v) Report of the Registrar of Long-Term Insurance for 2000.
(c) The following papers are referred to the Select Committee
on Public Services:
(i) Air Services Agreement between the Government of the
Republic of South Africa and the Government of the
Kingdom of Belgium, tabled in terms of section 231(3)
of the Constitution, 1996.
(ii) Explanatory Memorandum to the Agreement.
(iii) Undertaking between the Government of the Republic of
South Africa and the Government of the Netherlands
concerning the recognition of Certificates under
Regulation 1/10 of the Standards, Certification and
Watchkeeping for Seafarers (STCW) Convention, tabled
in terms of section 231(3) of the Constitution, 1996.
(iv) Explanatory Memorandum to the Undertaking.
(v) Air Services Agreement between the Government of the
Republic of South Africa and the Government of Macau,
tabled in terms of section 231(3) of the
Constitution, 1996.
(vi) Explanatory Memorandum to the Agreement.
(vii) Air Transport Agreement between the Government of the
Republic of South Africa and the Government of the
Republic of Portugal, tabled in terms of section
231(3) of the Constitution, 1996.
(viii) Explanatory Memorandum to the Agreement.
(ix) Bilateral Air Services Agreement between the
Government of the Republic of South Africa and the
Government of the Democratic People's Republic of
Algeria, tabled in terms of section 231(3) of the
Constitution, 1996.
(x) Explanatory Memorandum to the Agreement.
TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Minister of Home Affairs:
Report of the Independent Electoral Commission on the Municipal
Elections, 5 December 2000 [RP 25-2002].
FRIDAY, 15 FEBRUARY 2002
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister for Agriculture and Land Affairs:
The Strategic Plan for South African Agriculture. COMMITTEE REPORTS:
National Council of Provinces:
- Report of the Select Committee on Education and Recreation on Public Hearings held by Provincial Legislatures on Sexual Violence in Schools, dated 12 February 2002:
The Select Committee on Education and Recreation reports as follows:
INTRODUCTION
The Select Committee on Education and Recreation requested Standing
Committees in all legislatures to hold public hearings on sexual
violence in schools. This took place after the Human Rights Watch sent
a report to the Select Committee entitled "Scared at Schools". The
report indicated that sexual abuse and harassment of girls by educators
and fellow learners are widespread in South African schools.
The following legislatures held public hearings:
* North West.
* Northern Cape.
* Eastern Cape.
* Free State.
* Mpumalanga.
The Western Cape did not have public hearings, but had a debate in the
Legislature. They also have guidelines on how to deal with sexual
violence in schools.
Due to time constraints, the Gauteng Legislature was unable to have
their public hearings in 2001. The Legislature, has however scheduled
to have the public hearings on 14 and 15 March 2002. There will be 8
regional workshops across the Province. Principals and Chairpersons of
School Governing Bodies from all schools in the province, together with
learners, will attend these workshops, which will focus on solutions to
the issue of sexual violence in schools. The Legislature will also
invite experts on gender violence to facilitate the workshops.
This Report focuses on the submissions made in the provinces, and the
recommendations from stakeholders. Furthermore, the report deals with
the findings and recommendations of the Select Committee.
SUBMISSIONS
THE NORTH WEST EDUCATION STANDING COMMITTEE
The Education Standing Committee of the North West Legislature visited
schools in the Temba District, Rustenburg, Klerksdorp, Taung and
Mmabatho. The Committee heard input from educators, educators' unions,
social workers, and the police. This section focuses on the sexual
abuse of learners generally, including abuse that took place outside
school premises.
The table below shows cases that have been reported to the police in
different regions of the North West province. However, most of the
sexual abuse cases go unreported. The cases noted below include rape,
abduction and indecent assault.
Cases reported to the Police
Town
Rape
Indecent assault
Abduction
Unspecified
Ganyesa
15
Groot Marico
70
5
2
Potchefstroom
Mogwase
130
20
4
Moretele District
375
Mothibistad
Pudumoe
9
2
4
Mmabatho
4
Vryburg
55
1
12
* Temba District
The hearings for the Temba District revealed that girls from the age of
15 years and below have fallen survivor to sexual violence. These
incidents happen at home, on the way to school and even at school. The
survivors know most of the perpetrators either as neighbours or as
relatives. Some of the cases are never reported, while others are
withdrawn or dropped.
Educators report most of these cases to the police after being told by
the learners themselves. In some cases, when the educator reports an
alleged incident to the parents, the family chooses to deal with the
matter privately.
Sexual violence incidents in Temba
Age of child
Gender
Abuse
Where it happened
Perpetrator
Whether police have been informed
Status of the case
14
Girl
Rape
School toilets
Unknown man
Suspect handed to the police
7
Girl
Rape
On the way to school (other girls were also raped)
Adult male known to the survivor
10
Boy
Sodomy
Bushes in the village
Known villager
Suspect arrested
Blood samples disappeared and the court could not proceed with the case
13
Girl
Home
Adult male know to the survivor
Parents withdrew the case
15
Girl
Aunt's house
Adult male known to the survivor
Case never reported
Resolved as a family affair
9 and 10
Sisters
Adult male known to the survivor
Case with CPU1
7
Girl
Young male known to the survivor
Arrested
The boy was released because he was a juvenile
14
Girl
Home
Young male known to the survivor
* Submission by the South African Police Services (SAPS)
The SAPS in the area work with the Child Protection Unit (CPU) and
social workers when dealing with sexual violence cases involving
children. The CPU informed the public that:
o They have the right to report cases without giving their names.
o Educators have the right to reopen cases that have been withdrawn by
parents.
The CPU voiced their concern that parents do not advise and guide their
children. They appealed to parents to talk to their children.
* Rustenburg
As is the case in the Temba District, the table below shows that
children in the Rustenburg area are raped by people who are known to
them. Cases that were reported, mostly involved girls between the ages
of 8 and 17 years. These incidents also happen either at home, at
school or on the way to school.
Sexual violence incidents in Rustenburg
Age
Gender
Nature of violence
Where it happened
Perpetrator
Whether police have been informed
Status of case
13
Girl
Rape
Adult male
No case opened
Girl threatened by perpetrator
14
Girl
Rape
School
13
Rape
Adult male
Case postponed
No interpreter
Man does not speak
Setswana or English
Pre-school children
Rape
Graveyard
Adult male known to the survivors
Sentenced for 1 year
Girl
Rape
Grandmother's house
Adult male known to the survivor2
The girl reported this to the neighbours
Girl removed by here father from the house
Learners/educators
Abuse
School
Adult male known to the survivor
Division among educators
8 and 9
Girls
Rape
No case opened
Parents denied incident (took money from perpetrator)
17
Girl
Rape
Young male known to the survivor
Reported to Principal
14
Girl
Raped and murdered
Local stadium
Group of boys
14
Girl
Rape
Home
Adult male known to the survivor
Case reported by educator
Educator failed to testify after receiving threats
Girl
Adult male known to the survivor
Man released
No evidence
* CPU
The CPU in Rustenburg informed the Committee that they:
* Needed full co-operation of parents and educators and, appealed to
them that they have to support the children.
* Visit schools to give lessons about sexual abuse.
* Have also started the "Adopt a Cop" programme, where cops will be
"adopted" in schools. Children would go to a particular police
officer when they have problems.
* Klerksdorp
The police in Klerksdorp reported that the most dominating crime in
schools is assault in classrooms and toilets. They suggested that
educators should teach children how to report these incidents. The
Child Protection Unit in the area visits schools to give learners
lessons on sexual abuse, drug and alcohol abuse as well as crime
prevention.
Some of the evidence heard by the Committee includes:
* A case of a 15-year old girl who was raped on her way to school. She
reported the matter after 3 days, and the court ruled that there
was no sufficient evidence, although the doctor confirmed that the
girl was raped.
* A 16-year old girl who was killed and cut into pieces. The community
knows the perpetrators but no one is prepared to come forward.
* A learner who reported being abused by her educator to her class
teacher but was threatened and told to change the details of the
case.
The learners appealed to the public to protect and support them because
they are survivorised by educators at school. They informed the
Committee that they are usually failed if they refuse advances from
educators.
* Taung
The table below indicates that reported cases of sexual violence in the
area mainly involve girls between the ages of 15 and 17 years. It is
also evident from the table that in most cases, the survivors know the
perpetrators.
Sexual violence incidents in Taung
Age
Gender Abuse
Where it happened
Perpetrator
Whether police have been informed
Status of the case
15
Girl
Rape
Adult male known to the survivor
Out on bail
16
Girl
Rape
Car
Adult male known to the survivor
Arrested
17
Girl
Rape
Known young male
Case reported to the police
Boy still at school. Never arrested
Girl
Rape
Known young male
Dealt by two families. Younger brother arrested after also raping the
girl
The boy was released on bail
16
Girl
Released on bail
15
Girl
Rape
Home
Adult male known to the survivor
Case withdrawn
* Mmabatho
Evidence heard by the Committee included:
* The case of an 11-year-old girl who was raped by her 35-year-old
uncle. The girl was given orders to change her statement and the
case was withdrawn after family members had met and decided that it
was a family matter.
* The case of a man who transported primary school learners. He raped
two girls aged 7 and 8 years. This incident was reported and the man
was arrested, charged and sentenced to 7 years in prison.
Recommendations by the North West
* SAPS/ Child Protection Unit
The South African Police Service and the Child Protection Unit
recommended that:
* There be close co-operation between the Departments of Education, of
Justice, of Social Development and the SAPS. Furthermore, there
should be programmes to educate children on how to protect
themselves from sexual violence.
* Schools should stop sending children out with donation lists, as some
people take advantage of the children and abuse them.
* Investigating officers be trained for the job. In addition, steps
should be taken against investigators who accept bribes from
perpetrators.
* The community be taught to support rape survivors and not stigmatise
them.
* The Departments of Education, of Health, of Justice, of Social
Development, the SAPS and the community come up with a safety policy
for schools.
* Educators and Unions
The educators and the unions recommended that:
* Educators should not be sexually involved with any learner,
irrespective of whether the learner is in that school or not.
* The public should be educated on the Constitution, especially
sections pertaining to the Bill of Rights.
* The SAPS should protect informers to avoid harassment and
survivorisation by perpetrators or the community.
* The Department of Education must draft policies that will protect the
educator who reports the case to the police.
* There should be a policy on sexual abuse in schools to control
harassment.
* Social workers should be adopted in schools to assist guidance
teachers.
* The Child Protection Unit should be visible in schools and meet with
educators regularly.
* Parents should take the trouble to report their children's cases to
the police.
* Social workers
Some of the recommendations made by the social workers were that:
* Crisis centres were needed in police stations.
* There should be awareness campaigns in schools and pre-schools on
sexual violence.
* Parents should be made to understand the impact of rape on their
children if the perpetrators are not arrested. They should support
their children during court cases and should not force them to
withdraw cases.
* District surgeons should be reinstated and work effectively with the
courts.
* Mobile police stations should be established in rural and farm areas.
* The media should be used to educate communities about sexual
violence.
THE NORTHERN CAPE LEGISLATURE
* Kimberley
No public input was received from schools in Kimberely, as they were
preparing for examinations.
* Upington
Parents informed the Committee that:
* Educators also need to be protected from sexual violence in school.
Legislation is needed to protect them.
* Cases of sexual violence take long to be resolved. One case had been
going on for three years, and the perpetrators were not found
guilty.
* Two girls aged 9 and 10 were raped throughout the night. Their
grandmother said that more should be done to help the children deal
with the problem and there should be social workers in school to
deal with these problems immediately.
The educators told the Committee that:
* They felt that they do not have adequate training to counsel
learners.
* A social worker is needed in school in order to deal with the
problems.
* Sexual violence leads to drug abuse, violence and other
misdemeanours. Therefore, parents and educators should be trained in
order to help with these problems.
* Calvinia
Learners informed the Committee that:
* Provision should be made for social workers to be at schools because
it is easier to talk to them.
* Educators should be trained to provide immediate trauma relief for
learners.
* De Aar
The Committee was informed that cases took too long to be resolved and
learners felt that they could not trust the police. Some cases were
never followed up and the processes took long.
The police and social services were urged to share information with
learners in order to raise awareness.
Recommendations by the Northern Cape Legislature
* Legislation should be drafted so that the processes of dealing with
these cases could be expedited.
* A well co-ordinated procedure involving the SAPS, and the Departments
of Education, of Social Development and of Justice should be
developed.
* Police visibility is required before and after school in order to
protect learners from harassment by others.
* A social worker is needed on duty to respond to problems immediately.
* Educators and parents should be trained to give counselling where
needed.
* Educators need protection as they are sometimes also targeted.
* The community and the school governing body should play a role as
this problem originates in the community. Community forums should
participate in combating the problem.
THE WESTERN CAPE LEGISLATURE
The Standing Committee on Education, Environmental and Cultural Affairs
in the Western Cape reported that the provincial Department of
Education briefed them on child abuse in schools and findings of the
Human Rights Watch. The legislature also held a debate on 30 May 2001.
The provincial Department of Education has also produced a booklet
called "Abuse No More", which is the result of two years of work by the
department and officials, in consultation with NGOs and other
specialists. According to the then MEC for Education in the Western
Cape, Ms H Zille, this document:
* Is a guideline for action.
* Gives all the symptoms that a child displays when he or she may be
abused.
* Gives all the steps that an educator is required to take to deal with
sexual violence.
* Provides all the guidelines for protecting the child, especially
confidentiality, and ensures that he or she never has to explain the
incident more than once.
* Have all the support mechanisms in place, from psychological to
medical, to ensure that the problem can be dealt with.
The department has also produced a training video and has training
teams to ensure that educators in all schools are trained to actively
implement these protocols. This project is going to be conducted in
conjunction with the provincial Departments of Welfare and of Health.
THE EASTERN CAPE LEGISLATURE
The Standing Committee visited the following 34 schools in the Eastern
Cape:
* Mdeni School.
* Ntabeni Secondary School.
* Reuben Ntuli Junior Secondary School.
* Upper Corona Senior Secondary School.
* Mthweni Senior Secondary School.
* Zanokanyo Senior Secondary School
* Newell High School.
* Lungiso High School.
* Gamble High School.
* Bethelsdorp High School.
* Hillside High School.
* Paterson Senior Secondary School.
* Bongweni Primary School.
* Alexandria High School.
* Zuney Intermediate School.
* Klipfontein High
* Ukhayo High School.
* Zolani Junior Secondary School.
* Herschel Junior Secondary School
* Lukanji Senior Primary School.
* Bomeni Secondary School.
* Vaalbank Junior Secondary School.
* Sam Xali Higher Primary School.
* Matthew Goniwe Senior Secondary School.
* Dangwana Senior Secondary School.
* Ndawana Junior Secondary School.
* Jojo Senior Secondary School.
* Mvenyane Senior Secondary School.
* Sukude High School.
* Tyali Secondary School.
* Hector Peterson School.
* Inkwenkwezi High School.
* Nkangeleko High School.
* Mababoti High School.
* Vuli Valley High School.
* Mbulelo Combined School.
The Committee met with the school management, learners, educators and
school governing bodies (SGBs) to hear evidence on sexual harassment,
abuse and violence in schools. The Committee also identified factors
that contribute towards sexual violence in schools.
Factors that contribute towards sexual violence in schools
* Drug Abuse: The laxity of schools in allowing the use of drugs is a
fundamental problem.
* Poverty: In some families learners are encouraged to be involved with
educators to get special treatment or money. Educators also take
advantage of learners who come from poor families.
* Drunkenness: The use of liquor by students in schools contributes to
sexual violence, which leads to girls being sexually abused.
* Abusing Authority: Educators initiate sexual relations with learners
in exchange for favours like good grades or money. This encourages
prostitution by female learners.
* Stereotypes: Many women believe that men are dominant.
During the public hearings, the Committee discovered that there were
schools where serious cases of sexual violence happen. These were:
* Ntabeni Secondary School in Engobo, where an educator impregnated
about 20 learners.
* Bongweni Primary School, where an educator verbally abuses learners
and forces them to urinate or undress in front of the other
learners.
* Herschel Junior Secondary School, where two educators were first
reported of having sexual relations with learners in 1991. An SGB
member died of a heart attack as a result of an argument with one of
the educators.
* Vaalbank Junior Secondary School, where a deputy principal was
involved in a relationship with a learner under the age of consent.
* Matthew Goniwe Senior Secondary School, where an educator raped a
learner twice and infected the learner with HIV. It is also alleged
that the same educator infected two other learners, but nothing has
been done about the case.
General Findings of the Committee
The Committee, having considered evidence heard during visits to the
schools, made the following findings:
* There is no gender-based policy that is actively enforced to deal
with sexual harassment of learners at school.
* Education and training of educators, learners, school governing
councils and school governing bodies are non-existent in schools.
* Counselling services for survivors and perpetrators of sexual
violence are non-existent in schools.
* It has been alleged that some public representatives, high-ranking
officials and community leaders are involved in this kind of
misconduct.
* Co-ordination between the Department of Welfare, Health, Safety and
Security and Criminal Justice on investigating cases of sexual
violence to ensure punishment of perpetrators is often ineffective,
ill - conceived or non-existent.
Recommendations by the Eastern Cape Legislature
The Committee recommends that:
1. Educators who are involved in sexual violence and abuse of
learners in schools not be transferred to other schools.
Furthermore, they should be suspended and disciplinary action be
taken against them. Further criminal charges should be taken
against them when necessary.
2. The department develops policies with punitive measures and
standard procedure for intervention against the abuse of children
and sexual violence at schools.
3. There be a link between the Departments of Education, Welfare,
Safety and Security, Health and Justice to deal with such cases.
4. A telephone be provided, especially in rural areas, for the
survivors of abuse in order to enable them to report the cases
without delay.
5. Survivors of sexual violence, especially young children, be
provided with legal assistance when faced with lawyers of the
perpetrators during court proceedings.
6. Sports events and school activities be closely monitored.
7. The department provide a counselling service to both the
survivors and the perpetrators of violence.
FREE STATE LEGISLATURE
Members of the Portfolio Committee on Education in the Free State
Legislature and some members of the Select Committee conducted public
hearings in schools in Bloemfontein, Kroonstad and Qwa-Qwa.
The schools visited, were:
* Dr Block, Heidedal School.
* Sehunelo High School.
* Bainsvlei Combined School.
* Moemedi High School.
* Bloemfontein - Oos Primary School.
* Vulamasango High School.
* Dr Cingo High School.
* Phepetso High School
* Thakameso Secondary School
* Bodibeng Secondary School.
* Kgola Thuto Secondary School.
* Bonamelo College.
* Sekhutlong Secondary School.
* Selelekela Secondary School.
* Riverside Secondary School.
The Committee noted that sexual violence was a very sensitive topic and
that not everyone could boldly express himself or herself. A provincial
report looks at causes of sexual harassment and barriers to reporting
abuse. The Committee also made some general observations and
recommendations.
* Factors that cause sexual harassment
Factors identified by the Committee as causing sexual harassment:
* The failure of school authorities to respond decisively to cases of
sexual abuse, which discourages learners from reporting similar
cases.
* Learners' uncertainty of the outcome of reporting such cases results
in serious fear.
* Unethical behaviour of educators.
* Free access to alcohol from taverns that are situated in close
proximity to the school premises.
* Learners thinking that it is acceptable to have sexual relationships
with educators.
* Use of abusive language by learners and educators. Educators use
derogatory names to refer to learners and some learners propose to
young educators.
Barriers to reporting sexual abuse
* The failure of school authorities to respond to cases of sexual
abuse, which discourages learners from reporting similar cases.
* Learners' uncertainty with respect to the outcomes of the cases.
* General Observations
The Committee noted that:
* Sexual harassment is prevalent in schools. It mainly occurs between
learners and educators.
* A lack of sex education also exacerbates the situation.
* Findings
The Committee noted during the hearings that sexual violence is rife
and prevalent in Free State schools. They noted that this problem
impacts on the schools and results in:
* Continued deterioration of discipline within the school premises.
* Learners mistrusting educators.
* Aggressiveness.
* Sexually harassed learners dropping out of school to avoid
embarrassment.
* Recommendations by the Free State Legislature1
The Committee, having listened to the evidence, recommended that:
* The Department of Education, in close co-operation with the
Department of Social Development and the SAPS, conduct a further
inquiry into this matter.
* Every school's code of conduct prohibit sexual harassment and sexual
relations between a learner and an educator, as well as between a
learner and a headmaster or deputy headmaster of the school
concerned.
* Sex education be introduced or encouraged to furnish learners with
more information regarding sexual harassment.
* Future public hearings be held in camera because of the sensitivity
of the topic.
* It is necessary that social workers are appointed or visit schools to
detect tendencies of sexual violence.
MPUMALANGA LEGISLATURE
The Portfolio Committee on Education, Sports, Recreation, Arts and
Culture in Mpumalanga visited the Highveld, Eastvaal and Lowveld
regions to conduct public hearings. The Committee discovered that
children were being abused at home, on their way to school and also at
school. They noted the ways in which abuse occurred and why it was
happening, and made recommendations to help solve this problem.
* Ways in which abuse occurs
* Forced child prostitution:
o Girls sometimes do not come to school because they are being kept as
sex slaves by elderly people for very little or no payment.
o Because of poverty, some children prostitute themselves to get paid.
o Where there are factories close to schools, factory workers abuse the
children and pay them very little.
o Some children prostitute themselves to get food to fend for
themselves.
* Migrant workers and starvation of kids in rural areas:
o Because parents work far from home, some children stay alone and end
up being abused by community members.
o Some children look after themselves, and this leads to prostitution
in order to get food.
* Educator to learner abuse:
o Some educators abuse learners and are not dismissed. Instead, they
get transferred to other schools.
o Educators buy liquor and other intoxicating drugs for learners before
abusing them.
o Educators abuse learners verbally.
o Abuse at primary and secondary schools are disguised as "affairs".
o Children between 6 and 7 years in lower grades are also abused.
o Educators demand sexual favours from learners in return for good
grades.
o This problem is prevalent among male educators.
o Some educators are not disciplined and are made to provide for the
families with financial and other means.
* Learner to learner abuse:
o Male learners rape female learners at bashes (parties) and during
school trips.
o Lack of privacy at home leads to children doing things observed at
home to other children.
o Perpetrators are male and survivors are female.
* Family members to learner abuse:
o Usually stepfathers, uncles, those who are breadwinners or biological
fathers are perpetrators of abuse at home.
o Mothers deny the truth about rapists or other culprits.
o Sodomy is also discovered in families where grandfathers sodomise
their grandchildren.
* Cultural practices:
o Traditional courts prosecute rape and abuse cases without the
relevant authority.
o The payment of damages (inhlawulo) leads to cases not being reported
to courts.
o Families accepting lobola for newly born babies. This leads to
children being abused by the "in-laws" at an early age.
* Community members to learner:
o Families make matters worse by demanding compensation from the
abusers.
o Traditional and family courts prosecute rape and abuse cases.
o Some pastors and priests also subject kids to abuse by marrying them
at an early age.
* Reasons why abuse occurs
Factors that were cited during the hearings as reasons why abuse is
taking place :
* Lack of awareness campaigns on child abuse, leading to perpetrators
being able to escape.
* Poverty, which leads to children subjecting themselves to
prostitution.
* Lack of integration of government departments on poverty alleviation
programmes.
* Power relations and negative aspects of our cultures.
* Lack of sex education and discussions between parents and children as
well as between educators and learners.
* The notion that girls are sex objects.
* Lack of school transport.
* Lack of recreational facilities.
* Shortage of specialised children's courts.
* They believe that sleeping with an under-aged child will cure one of
HIV/Aids.
* Failure of some parents to co-operate with educators.
* Failure of the Department of Education to dismiss educators who are
abusers.
* Recommendations by Mpumalanga Legislature
The Committee recommends that:
* Sexual violence be declared a priority crime.
* The media be used to build awareness of sexual abuse.
* A National and Provincial Men's Indaba be held by the President.
* The Department of Education immediately dismiss all those engaged
sexually with school children.
* Sex education be taught in schools and homes in languages understood
by those receiving the lessons.
* The Departments of Education, of Social Services, of Health, the SAPS
and the medical personnel establish survivor empowerment centres or
trauma centres to deal with cases of sexual abuse.
* The Department of Social Services establish a social security grant
for those living in poverty so that children must not be abused as a
result thereof.
* Children's courts that will be children - friendly be established to
ensure that perpetrators are punished for their actions.
* Training of the police to handle cases of child abuse.
* The Government make available school transport for learners
travelling long distances.
SELECT COMMITTEE'S FINDINGS AND RECOMMENDATIONS
It is evident that sexual violence is endemic in schools. As a result
of the Human Rights Watch report entitled "Scared at School", the
Select Committee embarked on a provincial fact-finding mission. The
Select Committee was not able to visit all Provinces. However, this is
an ongoing process and some of the Provinces that did not conduct
hearings due to various constraints, will still be visited. The purpose
of the hearings was to assess the extent to which this scourge affects
schools, with a view to eradicating it.
* Findings
As a result of the above hearings, the Committee made the following
findings:
* The Department of Education has no policy on sexual violence in
schools.
* The South African Police Service is showing a distinct lack of effort
in the investigation of cases. This is compounded by a lack of
sufficient resources.
* In the provinces where the hearings were held, it is clear that the
problem of sexual harassment and violence against girl children is
wide - spread and cuts across all race and class lines.
* In the majority of the incidents, perpetrators were adult males known
to the survivors. Survivors are primarily female between the ages of
12 and 18 years, although incidents of survivors as young as 7 were
reported.
* Sexual violence and harassment, including rape, assault and teasing,
also took place between learners. In the majority of incidents, the
perpetrators were older boys and survivors younger girls.
* There has been inadequate action to deal with the perpetrators or to
assist survivors in the majority of the cases reported to the
Committee.
* A number of perpetrators have not been charged by the criminal
justice system, nor have they faced disciplinary action from
education authorities. Many perpetrators continue to teach in the
same school where their survivors are learners. This was found in
the majority of the cases reported to the Committee.
* Survivors of sexual violence are generally not treated appropriately.
There are very few instances where children are supported and
believed when they make statements and give evidence. There is also
very few instances where appropriate counselling and survivor
support services are available.
* It is evident that most of the perpetrators are invariably educators,
as the report of the Human Rights Watch indicated.
* Most of these cases of sexual violence against girls go unreported.
* It is apparent that principals, school governing bodies and parents
are turning a blind eye to sexual violence.
* Certain communities are also demonstrating a complete lack of
responsiveness.
* There is a general lack of awareness about sexual violence among
learners, resulting in reluctance to report cases to the relevant
authorities.
* Due to a case overload in courts, sexual abuse cases are not
adequately and speedily dealt with. This gives rise to a lack of
confidence in the justice system.
* Traditional beliefs and practices may contribute to the culture of
silence around sexual violence.
* The educator's code of conduct is silent on how to deal with sexual
violence.
Conclusion
Having considered the reports of the various provincial legislatures,
the Committee concludes that:
* It is apparent that sexual violence in schools is a serious problem.
* The consequences of these acts leave deep social, psychological and
physical scars on survivors.
* It is a commonly held view that human dignity, values and respect for
children be restored in our schools.
* It has therefore become imperative for all stakeholders to work
together in order to deal with this scourge in and effective and
efficient manner.
* Recommendations
Emanating from the findings of the Committee, urgent consideration
needs to be given to implementing the following measures:
* The Department of Education should expedite the implementation of
policy on sexual violence within an agreed upon time - frame.
* Learners need to be conscientised about reporting mechanisms.
* Principals and SGBs need to be held accountable if they fail to
address or report cases of sexual violence.
* There should be greater cohesion between the Departments of
Education, of Justice and of Social Development in order to expedite
the cases in court.
* Stronger parental involvement in (their) children's sexual education
is encouraged.
* South Africa needs a register of sex offenders, as is the practise in
other countries.
* Interaction between the Department of Education and Educators' Unions
is encouraged to strengthen the fight against sexual violence in
schools.
* Section 17 (1) (g) of the Employment of Educators Act, Act No. 76 of
1998, makes sexual violence in schools an automatically dismissible
offence, and the Committee would like to see the Department apply
this section of the Act rigidly.
Report to be considered.
MONDAY, 18 FEBRUARY 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(a) Gas Bill [B 18D - 2001] - Act No 48 of 2001 (assented to
and signed by President on 12 February 2002);
(b) Academy of Science of South Africa Bill [B 67B - 2001] -
Act No 67 of 2001 (assented to and signed by President on
13 February 2002); and
(c) Africa Institute of South Africa Bill [B 47B - 2001] - Act
No 68 of 2001 (assented to and signed by President on 12
February 2002).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(1) Proclamation No 64 published in Government Gazette No 22924
dated 7 December 2001, Commencement of the Pension Funds Amendment
Act, 2001 (Act No 65 of 2001), made in terms of section 5 of the
Pension Funds Amendment Act, 2001 (Act No 65 of 2001).
(2) Proclamation No 65 published in Government Gazette No 22924
dated 7 December 2001, Commencement of the Pension Funds Second
Amendment Act, 2001 (Act No 39 of 2001), made in terms of section
7 of the Pension Funds Second Amendment Act, 2001 (Act No 39 of
2001).
(3) Government Notice No R.1256 published in Government Gazette No
22877 dated 30 November 2001, Financial instrument regulations,
made in terms of section 6(1)(c) of the Unit Trusts Control Act,
1981 (Act No 54 of 1981).
(4) Government Notice No R.1370 published in Government Gazette No
22939 dated 13 December 2001, Regulations relating to
representative offices of foreign banking institutions, made in
terms of section 90 of the Banks Act, 1990 (Act No 94 of 1990).
(5) Government Notice No R.1342 published in Government Gazette No
22907 dated 14 December 2001, Procedure for the imposition of
penalties by the Registrar of Short-Term Insurance, made in terms
of section 66(2) of the Short-Term Insurance Act, 1998 (Act No 53
of 1998).
(6) Government Notice No R.1343 published in Government Gazette No
22907 dated 14 December 2001, Procedure for the imposition of
penalties by the Registrar of Long-Term Insurance, made in terms
of section 68(2) of the Long-Term Insurance Act, 1998 (Act No 52
of 1998).
- The Minister of Transport:
The Road to Safety 2001-2005, "Building the foundations of a safe and
secure road traffic environment in South Africa".
TUESDAY, 19 FEBRUARY 2002
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Land and Environmental Affairs for consideration and report:
(a) Kyoto Protocol to the United Nations Framework Convention
on Climate Change, tabled in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum on the Kyoto Protocol.
(2) The following papers are referred to the Select Committee on
Education and Recreation:
(a) Report of the Auditor-General on the Financial Statements
of the Pan South African Board for 1997-98 [RP 07-2002].
(b) Report of the Auditor-General on the Financial Statements
of the Pan South African Board for 1998-99 [RP 06-2002].
(c) Report of the Auditor-General on the Financial Statements
of the Pan South African Board for 1999-2000 [RP 08-2002].
(3) The following paper is referred to the Select Committee on
Social Development and to the Select Committee on Local Government
and Administration:
Report of the Independent Electoral Commission on the Municipal
Elections, 5 December 2000 [RP 25-2002].
(4) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
The Strategic Plan for South African Agriculture. 2. The Chairperson:
(1) Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 19 February 2002 and
transmitted for concurrence:
(a) Copyright Amendment Bill [B 73B - 2001] (National Assembly
- sec 75).
(b) Performers' Protection Amendment Bill [B 74B - 2001]
(National Assembly - sec 75).
The Bills have been referred to the Select Committee on Economic
and Foreign Affairs of the National Council of Provinces.
(2) Message from National Assembly to National Council of Provinces:
Bill passed by National Assembly on 19 February 2002 and transmitted
for concurrence:
(a) Unemployment Insurance Contributions Bill [B 85 - 2001]
(National Assembly - sec 77).
The Bill has been referred to the Select Committee on Finance of
the National Council of Provinces, the committee to confer with
the Select Committee on Labour and Public Enterprises..
COMMITTEE REPORTS
National Council of Provinces:
-
Report of the Select Committee on Social Services on the Births and Deaths Registration Amendment Bill [B 53 - 2001] (National Assembly - sec 75), dated 19 February 2002:
The Select Committee on Social Services, having considered the subject of the Births and Deaths Registration Amendment Bill [B 53
- 2001] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.