National Assembly - 27 February 2003
THURSDAY, 27 FEBRUARY 2003 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:02.
The Chairperson of Committees took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
The CHAIRPERSON OF COMMITTEES: I wish to remind members that the practice that developed to make comments and statements by way of notices of motion has fallen away, as members’ statements have been introduced. Notices of motion should therefore be strictly limited to motions which members expressly intend should be placed before the House for debate or decision.
NOTICES OF MOTION Mev M E OLCKERS: Ek sal namens die NNP kennis gee:
Dat ‘n onderwerp vir bespreking by een van die sittings in die Huis moet wees dat die Huis die befondsing van skole bespreek. (Tranlation of Afrikaans notice of motion follows.)
[Mrs M E OLCKERS: Mr Chairperson, I shall move on behalf of the NNP:
That a subject for discussion at one of the sittings in the House should be that the House discusses the funding of schools.]
POTCHEFSTROOM BEAUTIFIED AND ENVIRONMENTALLY FRIENDLY
(Draft resolution)
Mr D M BAKKER: Hiermee stel ek die konsepbesluit voor soos dit in my naam in die Ordelys verskyn: I move the draft resolution as it appears in my name on the Order Paper, as follows:]
That the House - (1) notes -
(a) the excellent example of the University and the City Council of
Potchefstroom in making their city beautiful and environmentally
friendly;
(b) that their new council building is the first in the country
which complies fully with standards to save energy and to
counter the greenhouse effect; and
(c) that especially the limitation of air pollution and the large-
scale planting of indigenous trees and shrubs sets the right
example for other cities; and
(2) congratulates Professor Johan Nel and Mayor Satish Roopa on their initiative.
Agreed to.
MEMBERS' STATEMENTS
The CHAIRPERSON OF COMMITTEES: I wish to remind members that parties will be called in the agreed order and each member will be allowed 11/2 minutes to make a statement. Thereafter Ministers will be given an opportunity to respond.
POSITIVE PROSPECTS FOR SA ECONOMY
(Member's Statement)
Dr R H DAVIES (ANC): Chairperson, it’s encouraging to note that a number of commentators agree with the upbeat assessment of the prospects for the South African economy which we heard presented in yesterday’s Budget. Despite a far from conducive global economic environment, our economy grew by 3% in 2002 and is poised to grow by 3,3% this year; hopefully rising to 3,7% and 4% in 2004 and 2005 respectively.
A particularly significant positive development was that the third quarter last year saw, for the first time in six years, positive net job creation. However, although our economy now seems to be on track to achieve significant growth, we know that job creation and the promotion of sustainable livelihoods for unemployed people remain major challenges. In his state of the nation addresses given since 2001, the President has pointed to the need to complement macroeconomic policies with specific microeconomic interventions and intensified poverty relief programmes. This year the President highlighted the need for a significant expansion of programmes specifically aimed at employment creation, the promotion of sustainable livelihoods and economic empowerment.
Another important announcement in the state of the nation address this year was that a growth and development summit will take place in April. The question that many of our people are now asking is: What will be the significance of this summit? How is it going to be different from the Presidential Jobs Summit which was held some years ago? How will the resolutions of this growth and development summit contribute to job creation and how will its decisions filter down to people on the ground so that their lives improve for the better?
In my view, it’s of utmost importance … [Time expired.]
NON-ALIGNED MOVEMENT AND ZIMBABWE
(Member's Statement)
Mr A J LEON (DP): Mr Chairperson, now that South Africa no longer holds the Presidency of the Non-Aligned Movement, surely the time has come to reconsider our position in that organisation.
We say this because of the final statement issued in Kuala Lumpur that applauds Robert Mugabe’s land reform programme and calls on the world ``to give its full support’’. It condemns smart sanctions against Zimbabwe and blames drought for what it admits to be Zimbabwe’s grave humanitarian situation.
We cannot be serious about promoting growth and investment in this country and at the same time close ranks around the tyranny of Robert Mugabe. Those two positions are not consistent, and anyone who is passionate or sincere or serious about this country becoming the growth destination for FDI cannot close ranks and continue to collaborate around the failed policies of Zanu-PF.
At the same time as NAM was making these declarations, the UN World Food Programme said that the destructive policies of the Mugabe regime have created a crisis that ``is almost beyond comprehension’’. Now if we are serious about our multilateralism, and the United Nations in particular, and we are serious about the World Food Programme, we must take heed of that analysis as well. By continuing to back the tyranny of Zanu-PF in Zimbabwe we are indicating that we do not care about democracy and human rights. What we have to do is make sure that we stand up on behalf of the people and not the elite leadership of the developing world and make sure that South Africa is with the winners’ circle of progressive nations, not with the club of losers of world tyrannies. I thank you. [Time expired.] [Applause.]
NEW EVIDENCE ON AIDS TRANSMISSION IN AFRICA
(Member's Statement)
Prince N E ZULU (IFP): In three general reviews, HIV specialists - including Dr David Gisselquist, an independent consultant and a member of the HIV/Aids research team - have said that the Aids epidemic in Africa has not followed the normal pattern of sexually transmitted diseases.
The team has argued that the virus is more easily transmitted through unsafe injections and tainted blood transfusions than through heterosexual sex. They also claim that surveys have shown that sexual activity in Africa is much the same as in North America and Europe, where HIV/Aids infection rates are much lower.
Their study has also identified HIV-positive babies whose mothers are not infected, which, the researchers said, suggests unsafe injections could be a factor. This matter is very disturbing and one wonders whether these reported proportions really reflect the situation in Africa, especially sub- Saharan Africa. If they do, the African population faces a potentially fatal situation and further research is therefore warranted. I thank you.
BLACK ECONOMIC EMPOWERMENT
(Member's Statement)
Ms C C SEPTEMBER (ANC): Chairperson, in the state on the nation address, the hon President Thabo Mbeki made the point to us that the Government is preparing a detailed proposal on black economic empowerment. Equally so, the ANC at its 51st conference identified and resolved that black economic empowerment is a broad-based process that should stimulate widespread involvement of large numbers of black people in economic activity and, of course, at all levels.
This would critically include supporting, as a matter of priority, collective and community-based initiatives that would include, for example, co-operatives. To what extent will the proposed legislation on black economic empowerment contribute towards advancing a broad-based, integrated and coherent socioeconomic process; one that will culminate in benefits that can, of course, be shared across society and in particular one that will cause development in rural economies? I thank you.
HIV/AIDS IN PRISONS
(Member's Statement)
Dr S J GOUS (New NP): Mr Chair, the latest figures by the Institute for Security Studies that 41% of the South African prison population is HIV- positive confirmed the disturbing figures released by Inspecting Judge Fagan in May 2000 that more than 4 000 people of the 10 000 prisoners released monthly are HIV-positive. We support Judge Fagan’s statement that these people are time bombs going back into society, especially if they don’t receive the necessary counselling, information and treatment.
The ISS figures further support the New NP’s supposition that prisoners have a higher HIV-positive rate than the general public and that this intensifies the risk of spreading the virus. This situation is a great danger to the HIV-negative person in detention. Therefore, the New NP once again wants to suggest that all prisoners who request to be tested can freely undergo HIV testing and can insist on separate detention.
The recent court settlement of a person who alleged that he was infected with HIV in prison confirms the New NP’s position that it’s only a matter of time before the Department of Correctional Services will have to defend similar suits. It is indeed the right of any HIV-negative person to stay HIV-negative and the necessary protection and provision in the correctional services system must be created, because the circumstances are beyond the detainee’s control. Thank you.
ECONOMIC GROWTH IN LIMPOPO PROVINCE
(Member's Statement)
Mr M N RAMODIKE (UDM): It becomes relevant and indeed imperative to make a statement on the economic growth of the fastest-growing province of South Africa after the presentation of the people’s Budget by the hon Minister of Finance, Trevor Manuel.
According to Statistics SA’s first-ever regional breakdown of gross domestic product estimates, or GDP estimates, released on 21 November 2002, Limpopo province emerged as the country’s fastest-growing province, growing at a rate of 3,8% overall, compared to the national average of 2,7%, in the period 1995- 2001.
Not for nothing is my province, Limpopo, known as Africa’s Eden. Given that the Limpopo province produces 90% of South Africa’s tomatoes, 60% of the national potato crop, 55% of the avos, 35% of the bananas and, at one stage, it had the second-largest citrus estate in the world; and given the unrivalled mineral wealth as yet untapped - which will take another 1 000 years to exploit - and the huge influx of tourists every decade during the solar eclipse and the huge influx to the Kruger National Park, we urge the provincial government and the relevant provincial departments to hold on tenaciously to the extraordinary break in the development impasse that the province has since been faced with. The revitalisation and rehabilitation of the neglected irrigation schemes will boost the economy of the province and will add more impressive gains. I thank you.
GROWTH IN TOURISM IN PORT ST JOHNS
(Member's Statement)
Ms G L MAHLANGU-NKABINDE (ANC): Chairperson, SABC TV news reported a massive turnout of tourists well after the festive season in Port St Johns recently. This creates the potential for foreign capital inflow into the area. The rise in the number of tourist visits to this country has been a common feature since the advent of our new democracy.
An issue that is of concern in our constituencies is the ability of the historically disadvantaged communities to benefit from the rising tide of tourism. Whilst it is visible that international tourists are visiting our townships, there have been few remarkable spin-offs for communities as a whole, except for those who manage bed and breakfast outlets. The challenge would be how we could mobilise communities to play an active part in and be beneficiaries of the booming tourism industry, how we complement existing Government initiatives to ensure that our people participate fully in tourism and how we address the problem - such as that in Port St Johns - of underdeveloped infrastructure in areas with vast tourism potential.
It would be appreciated if the Minister could indicate whether he is aware of plans that are in place or that are being considered to rehabilitate the tourism infrastructure in the area to attract tourism and facilitate local economic development in the area. I thank you. [Applause.]
SITUATION OF TEACHERS IN SA
(Member's Statement)
Mr I S MFUNDISI (UCDP): There is no doubt that last year’s Grade 12 examination results were good. And there is every reason for all South Africans to take pride in the manner in which those learners acquitted themselves. There are, however, some concerns, as reflected in research conducted by the National Professional Teachers’ Organisation of SA.
The research depicts teachers as motivated but that the directives from the department make life difficult for them. In-service training in the new curriculum is insufficient, the result being that teachers are hard-pressed to cope with their work. Tied to this is a shortage of teaching and learning aids. Teachers are, however, happy with the situation on the ground. They have come to terms with the school governing bodies and principals and their relationship with parents is good.
Teachers feel that the departmental authorities are rather authoritarian and masterful. The situation is further compounded by the high enrolments in some schools. The teacher-learner ratio of 1:40 as recommended for outcomes-based education is difficult to attain under these circumstances. There are also complaints to the effect that communication from and with the education departments is not up to scratch. Most teachers complain that they glean information from the media on issues that affect them. Education departments do not communicate with them as employers should with their employees.
If we wish to maintain or improve on last year’s results, the morale of the teachers should be boosted and they should be treated like professionals. We, however, take to heart the commitment by the Minister of Education to the effect that he will take personal responsibility to see to it that Tirisano is achieved. I thank you.
SA BUDGET
(Member's Statement)
Mr N M NENE (ANC): Chairperson, in his Budget statement for 2003, the Minister of Finance made the following allocations: R11,9 billion for stepping up allocations to primary school nutrition programmes and the extension of the child support grant to children up to the age of 14; R38 billion to provinces to improve roads, revitalise hospitals, purchase medicine and school books and enhance our response to HIV/Aids; a further R6,5 billion for extending free basic services, investing in municipal infrastructure, rural water supply and sanitation and expansion of employment in community services; R1,7 billion was allocated for higher education and increased skills development, and a further R1,9 billion was allocated for land restitution and land reform programmes.
These and many other announcements made by the Minister in his Budget Speech reflect a turn of the tide, which pushes back the frontiers of poverty. This Budget Speech was significant in that it took concrete steps to ensure the acceleration of service delivery to the majority of our people. The reprioritisation of state expenditure to meet the basic needs of our people reflects a new developmental state which is responsive to the needs of the majority of our people.
We firmly believe that this Budget is truly a people’s Budget, as it embodies the aspirations of the majority of our people, especially the poor and the vulnerable. It represents yet another decisive blow in the struggle against poverty. I thank you.
CREDIT CARD LICENCES
(Member's Statement) Mr S B FARROW (DP): Thank you, Chairman. It is a ridiculous decision that more than one million people, who have not applied for the credit card licences by tomorrow, will have to retake their licence test.
It makes a mockery of the rule of law. [Interjections.] The Transport Department has failed in its duty to put enough manpower and resources in place to deal with the flood of applications. The department now wants to penalise law-abiding South Africans for the department’s failure.
Madam Speaker, despite the fact that the department failed to adequately publicise the urgency of the matter over the past 12 months, it does not have the capacity to deal with the conversion of licences now, nor will it have the capacity to deal with the flood of relicensing motorists who fail to make the deadline tomorrow.
The Department of Transport has not taken into account the cost of motorists standing in queues for eight hours or more and for those motorists who are unemployed and cannot afford the cost of this conversion. [Interjections.]
There is the added problem of those South Africans living abroad. The department should not make criminals of ordinary citizens. The DA fully supports the introduction of the new licence card system, but we suggest an extension of 6 months and that motorists be requested to report to the licensing department in alphabetical order during that period. [Interjections.] Drivers in possession of licences issued by the former TBVC states have already been accommodated. Surely the rest of South Africa’s drivers can be assisted. Thank you, Mr … [Interjections.]
DOMESTIC WORKERS UIF
(Member's Statement)
Mr N S MIDDLETON (IFP): Chairperson, from 20 March 2003, all domestic employers will be required by law to register their domestic workers with the Unemployment Insurance Fund. The Department of Labour should be applauded for taking such a step.
The inclusion of domestic workers in this fund is long overdue. Domestic workers are more vulnerable to unemployment as they cannot easily be absorbed into the labour market. We hope that there will be full compliance with the Act and that employers of domestic servants will co-operate with the department in making sure that what has been a dream for the majority of South Africans becomes a reality for these people.
I note further, Chairperson, that the Minister of Labour is not here. He wrote me a note to say that he appoints me as a whistle-blower on all the MPs that don’t co-operate with this department, and this I accept. [Laughter.] [Applause.]
JOB CREATION PROGRAMMES
(Member's Statement)
Mr M M CHIKANE (ANC): Chairperson, in his state of the nation address, the President of the Republic announced the massive extension of the Community- Based Public Works Programme.
These programmes are implemented by various departments and are aimed at creating jobs for communities. These programmes are also intended to benefit, amongst others, youths, heads of households, women and disabled people. Through these programmes communities will acquire the necessary skills to be employed in other sectors of the economy. Furthermore, the Community-Based Public Works Programmes contribute to accelerating social service delivery.
Contrary to the aims of the Community-Based Public Works Programmes are the jobs for pals. They are designed to benefit the communities’ targeted groups. In KwaZulu-Natal, in Ntabankulu, people now have a road. In Bongashi we have the taxi-rank for the people. In Ndundulu we have the market centre. In Yakazi we have the multipurpose centre. In Taylors, we have stalls for the people. The list goes on.
We hope that the Minister and other departments will co-operate and unlock the resources to ensure that the Government accelerates the implementation of the public works programme to improve the lives of our people. [Applause.]
CHILD SUPPORT GRANT
(Member's Statement) Mnr A Z A VAN JAARSVELD (NNP): Voorsitter, die Nuwe Nasionale Party verwelkom die Minister van Finansies se aankondiging dat kindertoelae verhoog gaan word asook die besluit dat die ouderdom van kinders wat in aanmerking sal kom vir hierdie toelaag tot 14 jaar verhoog is.
Hierdie positiewe stap sal vir baie huishoudings ‘n reddingsboei wees. Die Nuwe Nasionale Party is egter bekommerd oor een belangrike tekortkoming in die verhoging in ouderdom, naamlik dat kinders wat tans tussen die ouderdomme van 8-14 jaar is, nie werklik sal kwalifiseer vir hierdie toelaag nie, aangesien die verhoging in ouderdom slegs geld vir kinders wat voor die ouderdom van 7 vir toelae geregistreer is en dit vooruitwerkend is. Dit beteken dat baie kinders tans tussen die ouderdom van 8 en 14 nie hierby sal baat vind nie.
Die Nuwe NP voel dat alles in ons vermoë gedoen moet word om te verseker dat soveel moontlik kinders toegang tot hierdie toelaag en ‘n beter lewe het, want te veel kinders in Suid-Afrika gaan gebuk onder swaarkry. As ons nie hulle las vir hulle ligter maak nie, versuim ons ons plig. Die nuwe NP doen dus ‘n beroep op die Minister van Finansies en die Minister van Maatskaplike Ontwikkeling om dringend hieraan aandag te gee en die nodige veranderinge aan te bring, sodat kinders wat tans tussen 8 en 14 jaar oud is en buite die net val, ook vir hierdie toelaag sal kan registreer. Dankie. (Translation of Afrikaans member’s statement follows.)
[Mr A Z A VAN JAARSVELD (NNP): Chairperson, the New National Party welcomes the Minister of Finance’s announcement that child grants will be increased, as well as the decision that the age of children who will be eligible for this grant has been increased to 14 years.
This positive step will be a safety buoy for many households. The NNP is concerned, however, about one important shortcoming in the increase in age, namely that children who are currently between the ages of 8 and 14 years will not really qualify for this grant, as the increase in age is only valid for children who were registered for grants before the age of 7 and it works in advance. This means that many children currently between the ages of 8 and 14 will not benefit from this.
The NNP feels that everything in our power should be done to ensure that as many children as possible have access to this grant and a better life, because too many children in South Africa are bowed down by suffering. If we do not lighten their load, we are failing in our duty. The NNP is therefore calling on the Minister of Finance and the Minister of Social Development urgently to pay attention to this and make the necessary changes, so that children who are currently between 8 and 14 years old and fall outside the net will also be able to register for this grant. Thank you.]
PUPIL REGISTRATION IN THE EASTERN CAPE
(Member's Statement)
Mr C T FROLICK (UDM): Thank you, Chairperson. This statement refers to the education situation facing the Eastern Cape. At the moment, 165 Grade 8 pupils in the Port Elizabeth area alone are without schooling.
The children have all passed Grade 7 and thus qualify for Grade 8 schooling. The ages range between 12 and 14 years and hence they are all of an age when schooling is compulsory. It should be noted that according to figures released by the South African Democratic Teachers Union, this figure could be as high as 9 000 in the province.
The children and their parents find themselves being turned away by all the schools in the area. The schools claim that these children cannot be accommodated due to a lack of facilities and the non-appointment of teachers. It should be noted that Grade 8 constitutes the first year of high school, hence these children are prevented from starting a vital transition in their education.
Even under normal circumstances, this transition is often challenging. With the new school year well under way, all these children have been deprived of going through this transition with their peers. It is my view that the responsibility rests with the Eastern Cape Provincial Education Department. It is interesting to note that negotiations between the department and Sadtu, as well as Naptosa, have reached a deadlock around the situation, and thus require immediate attention. I thank you.
SITUATION OF TEACHERS IN SA
(Minister's Response) The MINISTER OF EDUCATION: Thank you very much. There are two different topics, so I will allude to both of them. First of all, in relation to the first intervention, I am pleased that there has been recognition in this House of the improvement in the matriculation results.
This has not happened by some kind of miracle. It has been the result of enormous interventions by the provinces and the national department, particularly with regard to mathematics and science. [Applause.] We ought to pay tribute also to the teachers who have been involved in the refresher courses.
That is why I find it very difficult to constantly listen to this trade union reproach that the morale of teachers is falling. This is the kind of wish fulfilment, where I have tried this year to say: Will the unions join me on a road show to recruit teachers as a first choice? An extraordinary thing is that the results we have now received from three of the university training institutions is that the enrolments have gone up by 20-25%. I think it is important that in this House all public representatives should be actively involved in saying: We want first-class, high quality teachers. Secondly, I think professionalism must be earned. It cannot be given and professionalism here demands, for example, that the unions be upfront in dealing with issues arising in relation to sexual abuse or corporal punishment in schools.
Why do I have to intervene with principals in Port Elizabeth, when I have no functioning there, when principals are bashing children for academic non- performance? It is totally wrong. Thirdly, teachers’ unions must also assist us in upholding the ethics of their profession. I am very pleased that the catalogue is there, but of course you realise that we spend 22,5% of our budget on education. Now we must talk about the quality we get from there. What is, in fact, the efficiency ratio?
The CHAIRPERSON OF COMMITTEES: Hon Minister, your time has expired.
The MINISTER OF EDUCATION: On the next question of the Eastern Cape …
The CHAIRPERSON OF COMMITTEES: Hon Minister, you only have two minutes to respond to both.
The MINISTER OF EDUCATION: No, I was told earlier that if two different topics arise, with respect, I get two minutes for each topic. Otherwise I would not have taken my two minutes. I think the Eastern Cape is a very important issue. [Time expired.]
The CHAIRPERSON OF COMMITTEES: Hon Minister, we could allow the other Ministers to proceed with their responses and then we could come back to this issue.
The MINISTER OF EDUCATION: Thank you, Chairperson. You are very courteous. [Applause.]
GROWTH IN TOURISM IN PORT ST JOHNS
(Minister's Response)
The MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM: Chairperson, I will respond to my first topic in the first two minutes. Regarding the question about Port St Johns and the tourism growth there, I think that everybody should be pleased that the recent boom that this country has experienced in tourism and the ongoing boom that we have has not only been in traditional tourism areas but also in the Wild Coast and places like Port St Johns.
South Africa stands at this point in time as the fastest growing tourism destination in the world. Our predictions are that it will continue to be so. The Wild Coast area, and Port St Johns in particular, has vital potential for tourism growth for the future and Government has identified that region as a growth area, like we identified the Greater St Lucia Wetland Park in KwaZulu-Natal as a growth area for tourism a few years ago. About a year ago, the Minister of Transport and I visited Port St Johns in order to inspect the route of the new N2 road, which will now be built through the Wild Coast and go through Port St Johns in particular. That particular road, which now links Port St Johns up to Durban and eventually Maputo, will make Port St Johns much more accessible. We expect that area to begin to develop in the same way the Garden Route has developed.
Together with the EU, we have a project for the development of ecotourism in that area. My own department will be transferring R1 million from its coffers to the region during the course of this year. Then, with the Business Trust, there is what is called a tourism enterprise development programme aimed particularly at making it possible for SMMEs to derive the benefits of the tourism boom so that, through the tourism enterprise development programme, we link small entrepreneurs, craft makers, and small bed and breakfast owners to the big tour operators. There has been a great deal of success in that area. This particular area is also being targeted for training, in particular the training of tour guides.
I would like to come back to the matter which has been raised by the hon Tony Leon, if you give me an opportunity. [Applause.]
CREDIT CARD LICENCES
(Minister's Response)
The MINISTER FOR SAFETY AND SECURITY: Chairperson, I am standing up to deliver a lesson in the greatest of humility. The function of these representatives is to promulgate laws here as a guide for our people who are peace-loving South Africans.
Mr D K MALULEKE: Chairperson, on a point of order: I would like to know what statement the Minister is responding to?
The MINISTER OF SAFETY AND SECURITY: I am responding to the statement on the matter of the drivers’ licences.
Mr D K MALULEKE: Now according to the Rules, Mr Chair, that particular issue is related to transportation, and this is the Minister for Safety and Security. [Interjections.]
The MINISTER FOR SAFETY AND SECURITY: May I respond?
The CHAIRPERSON OF COMMITTEES: Give us a minute, Minister. I appeal to the hon member that, since this is a new system, could we not allow a Ministers to respond on behalf of another Minister in the interest of the members getting a response to their statement?
Mr M J ELLIS: Mr Chairman, on a point of order: No, we cannot allow that, Sir. Once you set that precedent then you might as well go and scrap the Rules completely and simply have any Minister responding to any statement. We specifically said, at the committee stage when we were looking at this, that that is not what would happen. The CHAIRPERSON OF COMMITTEES: I think we will have to look at it, Minister, in terms of the guidelines. This is something new and we are feeling our way. We will have a look at the point being raised by the DP.
The MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM: Chairperson, it has long been reported to this House, and, in fact, this House commended Government for working along the lines of the cluster system. Ministers work along the lines of the cluster system. [Applause.] The point about that is that none of us work in individual silos in empires of our own. We take collective responsibility and when it comes to those clusters which we belong to, any of us are quite prepared to respond on issues relating to them. It is rather unfair, when you have Ministers responsible for a particular cluster in the House, that they are not being given an opportunity to correct some of the ridiculous things that have been said by the other side.
The CHAIRPERSON OF COMMITTEES: As I have stated earlier, this is new to us all. We will look at it. We thank both sides for drawing it to the Chair’s attention, and we will ask the Table to assist in guiding us for the next statements session that we have. For now, we will not proceed with the response as based on the cluster system until we have clarity, and we will take it up in the near future.
PUPIL REGISTRATION IN THE EASTERN CAPE
(Minister's Response)
The MINISTER OF EDUCATION: Chairperson, in relation to the question of the Eastern Cape, can I inform the House again as a matter of fact: Children are supposed to register in September or October. The only way you can plan for January is in fact if registration takes place then. Particular problems in Gauteng and elsewhere arise because there are thousands of people who move to Gauteng who are not able to register and that is why the Gauteng department is now taking preventative action. It is impossible to cater for children who register on the first day, second day or third day of school. I think we have to be understanding about this.
In relation to Port Elizabeth, the same problems have arisen there too. Children have not registered and it is the parents who have registered. The departments use radio and newspaper advertising to ensure that. I will meet the hon member outside behind the Speaker’s chair at the end of these proceedings, get the details about the matter and provide further and detailed information as to exactly what has happened. As we know, the Government is intervening directly in the Eastern Cape in the areas of health, education and social development to prop up the administrative system and we are looking very carefully at what is happening on the ground. I will seek the assistance of the hon member and deal with it between the two of us.
HIV/AIDS IN PRISONS
(Minister's Response)
The MINISTER OF CORRECTIONAL SERVICES: Chairperson, I did raise my hand. There is always this other side of the House on the left. I am not sure where the Chairman was looking.
The question was posed by the New NP with regard to the question of HIV/Aids and deaths in prison. They cited the report of the inspecting judge. I must say that because the inspecting judge is appointed by the President at the recommendation of the Minister, there has been no contradiction. He is doing a splendid job within the prison system. However, when it comes to statistics it really differs from one survey to another, depending on who is doing the survey and the reasons for that. That is why we now depend mostly on doctors from the Department of Health to certify the reasons and causes of death.
There is no compulsory testing within the prison system. It is against the Constitution, and people who want that to happen should motivate for the amendment of the Constitution but not the obliteration of the rights of people. We do encourage voluntary testing and there is also voluntary counselling in prison. There is also treatment for those who suffer from this disease. There is also care and education. All these things happen within the framework of a national health policy. We cannot go beyond that.
I should also mention that one other problem which hinders the effective treatment of this kind of disease, and many other ailments, in prison is the question of overcrowding. We heard yesterday that the Minister of Finance did allocate some money towards fighting overcrowding in prisons. As it is, we have almost 185 000 prisoners in South Africa, and 57 000 of those are unsentenced. This is part of the problem and it should be directed where it belongs.
Whereas we have the official capacity in our prisons of about 110 000 - although it has improved from 104 000 to 110 000 - it is still not sufficient because the overcrowding is about 68%. This hinders the kind of programmes that we would like to have in prison, including the fight against HIV and Aids in prisons.
The CHAIRPERSON OF COMMITTEES: Before we proceed, we will refer the matter raised by the DP to the monitoring committee on members’ statements for them to look at the matter.
TRIBUTE TO THE LATE ROBERT MANGALISO SOBUKWE
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move on behalf of the Chief Whip of the Majority Party:
That the House -
(1) notes that today marks the 25th anniversary of the passing away of a great African patriot, Robert Mangaliso Sobukwe;
(2) acknowledges the contribution by Mr Sobukwe towards the liberation of this country and the immense sacrifice by him and his family, through their tireless efforts, to uplift the forgotten people of this country; and
(3) pays tribute to this great son of our people, and of Africa, who will always be remembered by all South Africans.
Mrs M A A NJOBE: Chairperson, today Parliament has set aside time to pay tribute to a man the Chief Whip’s motion describes as a ``great son of our people, and of Africa, who will always be remembered by all South Africans.’’ This, indeed, is a commendable contribution by a body such as the national Parliament, representing all the people of South Africa.
Though born of extremely poor parents on 5 December 1924 in the small town of Graaff-Reinet, the late Robert Mangaliso Sobukwe defied the effects of such abject poverty on his development and proved to have what has been described as ``an impressive intellectual aptitude which enabled him to win a number of scholarships to study at the University of Fort Hare, finally obtaining an honours degree and a diploma in Education.
Like most African leaders of the liberation struggle in South Africa and elsewhere in Africa, it was at Fort Hare that he was initiated into South African politics through the ANC Youth League, which was founded by such prominent political leaders as the former President, Comrade Nelson Mandela, and former president of the ANC, Oliver Tambo. Inspired by such leadership, in his address to the graduation class of 1949 at Fort Hare he urged the graduates to, and I quote: ``Carry with you into the world the vision of a new Africa, an Africa reborn, an Africa rejuvenated, a young Africa’’.
This was his dream for Africa. Indeed, it was a worthwhile dream to strive for. Thus, in striving to achieve this dream, Sobukwe’s political activism saw him become a chairman of the Victoria East branch of the ANC.
Like most African university graduates of his time, Sobukwe was left with no choice but to become a teacher. While teaching in the then Eastern Transvaal, he found himself deeply involved in politics. As an active member of the ANC Youth League at the time, he participated, together with Comrades Nelson Mandela, Tambo and others, in the drafting and promotion of the programme of action: a plan that was adopted by the ANC National Conference of 1949. It was a programme whose tactics were to intensify the struggle against discriminatory laws of the apartheid government.
Among other activities, the 1949 programme of action advocated the use of civil disobedience, strikes, stayaways and boycotts in open defiance of discriminatory laws. The late Robert Sobukwe, with other Eastern Cape youth league members, participated in the Defiance Campaign of 1952. More than 8 000 people were arrested as they volunteered to be arrested. For his part in this campaign, Sobukwe lost his teaching post. However, he went back to teaching in 1953 as a junior lecturer in the Bantu Studies Department of Wits University.
At this time, he was also the editor of the Africanist journal, then an official mouthpiece of the ANC. His dream as an Africanist led him to be critical of the ANC leadership, which he believed were allowing themselves to be influenced by what he called, I quote, ``liberal-left multiracialists’’. Unfortunately, he and his colleagues did not fully understand the objective of the inclusive policies of the ANC.
So, while at Wits University, he became associated with Potlako Leballo, whose influence on a small group of youth league members led them to see themselves as ``the’’ real Africans. The Africanists, as this group labelled themselves, were opposed to the racial inclusivity of the ANC’s policies. They saw Africa as a continent for Africans only. Yet it is these policies that led to the adoption of the Freedom Charter, a programme which today is as relevant to South Africa as it was then. It is a programme that formed the basis for the democratic Government’s programmes.
It was during this period, in the late 1950s and early 1960s, a period of political storms in South Africa, that the ANC lost Mr Sobukwe as he unfortunately went astray to found the PAC on 6 April 1959. This was not surprising though, as it is one of the common experiences in life that a seed well sown may fail to produce the fruit intended.
However, to Mr Sobukwe’s credit, as he went astray, he picked up the banner of Pan-Africanism, well articulated and stamped in 1958 by the first conference of independent African states held in Accra, Ghana. With his passion for Pan-Africanism, he promoted the idea in South Africa. Perhaps it could be said that the conference helped to nourish further the philosophy of black consciousness, which was beginning to gain ground in South Africa at that time.
Pan-Africanism in turn gave great impetus to the ANC in leading the anti- apartheid struggle. Cadres, nurtured in the Black Consciousness Movement and realising the appropriateness of the ANC’s policies, joined the frontline of ANC cadres as the anti-apartheid struggle climaxed in the 1970s and 1980s.
The ANC has always been consistent in its policies, developing them as the need to accommodate the democratic changes taking place in our country arises. This happens without the need to shift from the original objectives aimed at liberating our people from all forms of oppression - political, social, cultural and economic.
Had Sobukwe lived longer to witness the birth of the new democratic South Africa under the leadership of the organisation that initiated him into politics, he would have witnessed the making of one of the most progressive constitutions in the world whose Bill of Rights not only spells out comprehensively the rights of all South African citizens, but goes further to specifically guarantee, where relevant, the rights of women.
He would have witnessed how an ANC-led Government, basing itself on the Constitution and guided by the Freedom Charter, a programme he unfortunately rejected, has over the past eight years endeavoured to implement programmes inclusive of the needs of all South Africans, while bearing in mind the urgent need to address not only racial, but also gender imbalances confronting the South African nation.
He would have observed how women and children of all races, including those in his own family, have benefited and continue to benefit from the wide range of social services provided by the ANC-led Government for the most vulnerable in society. He obviously would have noted in the President’s state of the nation address on Friday, 14 February 2003, and in the hon Minister of Finance’s Budget Speech yesterday this Government’s commitment not only to improving the quality of delivery of social services, but also to expanding their extent. He would have known that women, being the majority in this country, are in fact the beneficiaries of these services.
Looking at legislation that has been passed by this Parliament to promote gender equality in our society, I am sure that he would have given a nod for its implementation. I dare say that he would have appreciated the efforts being made to transform the economic situation in our country to be inclusive of the previously disadvantaged majority.
He certainly would have noted the progress made so far through black economic empowerment programmes. I would have then drawn his attention particularly to the commitment made by the President that women-owned businesses would receive additional support through the SA Women Entrepreneurs’ Network.
The benefits enjoyed by women today are in fact the fruit of their struggle for national liberation and women’s emancipation. The 1956 march by 20 000 women to Pretoria to denounce pass laws is but one example. Yet African women in various countries also played an important role in the armed struggle waged against colonialism.
The birth of the Pan-African Women’s Organisation, Pawo for short, was inspired by the 1958 Pan-Africanist Congress and motivated by the need for women to act together. Pawo’s constitution recognises that Pan-Africanism constitutes an irreversible path for the survival of the continent. However, this constitution needs to be updated to enable women to be an integral part of the programmes of the African Union and Nepad.
In conclusion, I believe that the late Mr Sobukwe, having been by nature the true selfless patriot that he was, poses the question as to the direction in which he would have been leading the party he founded, considering that he was himself a true Pan-Africanist. Today President Thabo Mbeki is doing so much for and through the African Union, and through its programme Nepad, to promote the concept of the African Renaissance. Perhaps, realising that his own dream was about to come true, he would have been more supportive and would have been part of the forces that are treading the long walk to African unity. I thank you. [Applause.]
Mr W J SEREMANE: Chairperson, please allow me to indulge in some commercials. There are people who quietly go into this life observing the truth and when they write the truth or report the truth, report it without fear or favour. I refer here to A Tribute to Integrity. This is a documentary in two parts by Kevin Harris on the life of Sobukwe, and there is another one here, A Tribute to Reconciliation by Hennie Serfontein.
It is unconventional to raise controversy on the occasion of paying tribute to a person so richly deserving to be known as one of this country’s and continent’s great sons of the soil.
History and ensuing events have linked, inextricably, the name of this legend, Mangaliso, the wonderboy of politics of his time and age, to that of unsung - wittingly or unwittingly - heroes and heroines of our country.
South African society has the unsavoury tendency of downplaying if not obscuring her own sons’ and daughters’ contribution on the basis of ideological or sectarian bias and prejudice. At best we do glibly pay homage as an afterthought. That makes me sad and angry.
In paying tribute to Robert Mangaliso Sobukwe, I feel duty-bound to pause and invoke the names of Sobukwe’s sister-in-law and her late husband and family. I refer here to Dr and Mrs Ribeiro and their surviving children in Mamelodi wa Tshwane, unsung and unthought of. Their indomitable freedom- loving souls will march on, however, perhaps to come back one day to haunt this ungrateful, fickle society of ours. Salute the dead, but also serve the remaining living with passion and compassion!
Let us, however, pay tribute to Robert Mangaliso Sobukwe not as an afterthought but because he deserves the honour and praise of men and women alike.
Professor, or Prof, as our generation affectionately called him, was first a human being before being a politician or a political animal. Sobukwe had profound human sensitivity, love and respect for all fellow human beings, young and old, rich or poor, white or black.
Mama Veronica, Didanisizwe, Dalindyebo and Milisiwa know the ubuntu or humanness of Prof that most of us can never fully describe. This man, this gifted yet gentle giant, was truly an icon of wisdom, incisiveness and compassion. He truly loved his fellow beings and compatriots, even those he differed with politically.
Everybody felt at home and comfortable with Mangaliso Sobukwe. This man, who would never receive anyone in his house or office sitting down, had impeccable manners and chivalry. You had to force him to remain in his house or office when taking leave of him. He would want to accompany you out and, in true African custom, walk you up to at least the door or gate. This respect he accorded everybody, irrespective of their political or social stations.
This man was godly too. I remember vividly certain salient things he stood
for and quietly imparted to those who had ears to listen, such as:
Bludgeon your opponent with facts and not knuckle-dusters.'' In this way,
he was depicting tolerance, maturity and the belief in debate and dialogue.
I quote again from him:Your opponents are your opponents and not your
enemies, so if you must fight them, fight them only in your own self-
defence and avoid being the aggressor,’’ he would say.
If time permitted me, I would share with you how he came to give this piece of wisdom: ``Monty, if you want to change them, give them love and not hatred,’’ an almost difficult Christ-like dictum.
Every time Mama Veronica stayed over in a Montshiwa Township matchbox house on her way to Botswana to meet one of her exiled children, she would bring greetings from Prof to Esther and family, including the unborn baby. This went on for months before this baby was actually born. Finally, the child was born and turned out to be a boy. What choice was there but to name the boychild Sobukwe, topped off with Lembede? He wished for and predicted a baby boy, the family believed. A small way of paying tribute to one so great and noble and yet so humble was to name the boychild after Prof and Muziwakhe Lembede.
People of stature such as Robert Mangaliso Sobukwe are indeed valuable gifts to the nation and humanity. We unconditionally salute and pay tribute to this great man, Robert Mangaliso Sobukwe. May his memories be with us and the coming generations. Nothing Stalinist should be allowed to obliterate the memory of such great people, be they men, women or youth alike, irrespective of their colour, race, creed or political persuasions.
Listen if you have ears. In typical Sobukwe style, I close this salute with reference to his faith, because he was a member of the Wesleyan `Lidodana’ [young men’s guild], from Matthew 5:23-24:
So, if you are about to give a gift to God at the altar and there you remember that your brother or sister has something against you, leave your gift there in front of the altar, go out at once and make peace with your brother or sister. Then come back and offer your gift to God.
To paraphrase this, I would say, before you pay tribute to the dead, pay tribute to the living. [Time expired.]
Mr N S MIDDLETON: Chairperson, let me start off by correcting what has been said here about Sobukwe, that he went astray in his life. The Sobukwe that I knew never went astray.
Today we are paying homage to one of the most extraordinary men who has left a profound imprint on the history of our homeland, Africa. Robert Mangaliso Sobukwe was a gifted leader with matchless courage, who stood by his words even when he was subjected to the most inhumane treatment any person could ever imagine today.
Mangaliso was first and foremost an Africanist and, for that matter, a true African who believed in the liberation not only of the oppressed, but in the liberation and the rebirth of Africa. As he stated in 1949: ``World civilisation will never be complete until the African has made his full contribution.’’ Though branded by his critics as a racist, he never looked at people according to their race, as he believed that there is only one race to which we all belong and he always said that this was the human race.
It was because of these principles that I requested him personally to defend me in one of my trials for treason in 1977-79. It was this very man who then assisted great people such as Mr Mailer and the late Justice Mohammed in my long trial. I came to know this man as a leader, and a born leader.
During his long, drawn-out trial, he always said to me: ``Norman, fear not’’, because he believed in justice. Robert was a fearless man and yet what he did not fear was his oppressors who even went to the extent of keeping him in jail. After the expiration of his sentence in 1963, they even made a special law for him which was called the Sobukwe Clause.
It was due to his living spirit that even the workers, in remembrance of him, formed Cusa, the Council of Unions of South Africa. It was partly in remembrance of this man that the organisation which later became Nactu, the National Council of Trade Unions, was formed. Workers knew who he was and they wanted to pay tribute to him.
We will never forget his contribution to the struggle, which was an inspiration for the present and the future generations. Africa, I believe, will never be free nor will it ever be fully liberated until you acknowledge the works and the struggle of Sobukwe. Lala kahle ngokuthula, qhawe lase-Afrika. Umoya wakhe uyophila nathi kuze kube phakade. Hamba kahle nkosi yakithi. [Ihlombe.][Rest in peace, hero of Africa. His spirit will live with us forever. Go well, our King. [Applause.]]
Mr J DURAND: Mr Chairperson, our President, Mr Thabo Mbeki, requested this debate. In an election year, we acted impartially by creating an opportunity to honour Robert Mangaliso Sobukwe, the leader of the PAC who, at times, was one of the fiercest critics of the ANC. By this gesture, our President is saying to us: Let us honour our country’s heroes, irrespective of which political groupings they belong to. We should rather look at the contribution they made to South Africans who first fought against colonial oppression and later against minority rule.
As we honour the late Robert Mangaliso Sobukwe, we should also be reminded of all South Africans and great African heroes. These heroes, both black and white, fought against oppression and minority rule. Unfortunately, our pain and our suffering makes some leaders focus on themselves or their racial groups, rather than on all South Africans. What could we have achieved if, after the Anglo-Boer War, when South Africans of all races fought and died in the struggle against British oppression, we had joined hands in 1910, and created a democratic and free South Africa?
Today, as South Africans and Africans, we honour one of our leaders, and I am reminded of the words of an Afrikaans author:
As jou vryheid oor die velde lag, Weet aan wie jy dit te danke het.
A loose translation of this is: When your freedom smiles over the plains, remember who made it possible.
Today we honour a son of Africa, a South African leader who fought for the liberation of the people of this land.
Who was Robert Mangaliso Sobukwe? Peter Lawrence of The Star said of him:
There is a gentleness about him, not the gentleness of the meek, but that of a man who knows he does not have to shout. Within and beyond are passionate conviction, and he had an iron will. [Interjections.] Before Dr Pheko shouts again, while warming up stale speeches, I think he should think about who Mr Robert Sobukwe was.
When Mangaliso was allowed to visit a sick child in 1973, some liberals contrived an accidental meeting along the street with the then Paramount Chief Buthelezi of KwaZulu. It is alleged that Paramount Chief Buthelezi then spread rumours that Sobukwe approved of his collaborative activity. Sobukwe then had the opportunity to clear the matter up. He told Matts Homberg of a Swedish daily newspaper that:
It is quite difficult to convince some Africans of the futility of seeking short-term concessions or to stop looking for short-term help from radicals, so-called well-meaning liberals.
Sobukwe particularly repudiated black politicians who aimed at partial concessions, often in co-operation with liberals. The DA-IFP coalition in KwaZulu-Natal is such an example. Lucas Mangope discovered this fact after many blacks and some whites were killed in Bophuthatswana. I hope the leader of the IFP will take note. In his address on behalf of the graduating class at Fort Hare, he said:
Fort Hare must be to the African what Stellenbosch is to the Afrikaner. It must be the barometer of African thought.
I believe that both Fort Hare and Stellenbosch must become the barometers of South African and African thought. These institutions must not only advance African and Afrikaner thinking, but also world thinking.
I want to address you as members of Parliament in the words of Robert Mangaliso Sobukwe:
Sons and daughters of Africa, harbingers of the new world …
… let us, in memory of one of our great leaders, create a new African order - a renaissance of good governance, democratic practices, growth and prosperity for all our people. [Applause.]
Mr W G MAKANDA: Chairperson, hon members, in 1949 at Fort Hare, Sobukwe said, and I quote:
We want to build a new Africa, and only we can build it … Let me plead with you, lovers of my Africa, to carry with you into the world the vision of a new Africa, an Africa reborn, an Africa rejuvenated, an Africa recreated, young Africa. We are the first glimmers of a new dawn. And if we are persecuted for our views, we should remember, as the African saying goes, that it is darkest before dawn …
The name Sobukwe conjures up proud memories of the selfless service and courage of the sons and daughters of South Africa of all races who dedicated their lives to the cause of liberating our country from racist domination and social and moral injustice. He stands as a colossus amongst our great men and women who adorn the annals of the heroic struggle of the people of South Africa who fought for freedom, self-determination and the restoration of their dignity and their birthright.
We remember Sobukwe as a Pan-Africanist who played no small part in the pursuit of the cause of Pan-Africanism as a continental uniting force. His contribution to this cause was curtailed by his incarceration in 1960 and his premature death after his release later. He walked in the footsteps of other great Pan-Africanists in the ANC Youth League of the 1940s. These are Anton Lembede, Nelson Mandela, Walter Sisulu, Oliver Tambo, and others who had begun to mould and articulate a militant, nationalist and revolutionary message in the fight against apartheid which, hitherto, had been reformist in character under the leadership of the old guard.
Anton Lembede was a legend and icon of the breakaway Pan-Africanist Congress of South Africa in 1959 when it was launched under the leadership of Robert Sobukwe. It is important to note that Pan-Africanism was not an external influence imposed on South Africans and Africa in general by the great thinkers - Marcus Garvey, DuBois, Nkrumah and others. They articulated a force which had taken root on the African continent, expressing resolve by the people of the continent to shake off the yoke of colonialism and racial domination. The gestation of the Pan-Africanist forces is discernable in the colonial wars of dispossession where the African ethnic kingdoms faced the colonisers on the battlefield in a very unequal contest in which they were subdued.
The formation of ``iMbumba yaManyama’’ [Unity] in the Eastern Cape was a coalition which cut across ethnic and class barriers, and began to cement and amalgamate a broader front against colonialism in recognition of the common disabilities engendered by colonial domination. The Pan-Africanism that Sobukwe embraced originates from this historical milieu. It is a philosophy and a way of life that he willingly adopted, and he dedicated his life to the realisation of his objectives. He led by example and led from the front. He lived the motto of the PAC in that he served, suffered and sacrificed.
The pass campaign he led in 1960 represents a historical landmark in the struggle against apartheid. The hitherto unprecedented massacre at Sharpeville and at Langa and the awe-inspiring march of 60 000 Africans from Langa Township to Parliament ushered in what some pundits described as a historical watershed.
The pass laws were temporarily suspended and some scribes perceived in this conflict a people who were no longer willing to be ruled in the old way. Likewise, the ruling clique could no longer continue to rule in the old way. In other words, they would have to submit to change or take repression to unprecedented levels. Sadly, they chose the latter option. The PAC and the ANC were banned. Draconian security laws were passed and implemented with vigour. [Time expired.] [Applause.]
Adv Z L MADASA: Mhlalingaphambili, kudala labethwa ngoyaba igalelo lamaqhawe kaPoqo yile Ndlu. Bekufanele ukuba sithethe sophele ngeli gorha lakwaSobukwe. Iinto zooSobukwe zatsho kwantlandlolo ukuba idabi lenkululeko malingohlula-hlulwa, ibe ngumcimbi wocalu-calulo ngapha, imicimbi yomhlaba nobutyebi belizwe ngapha. Namhlanje loo nyaniso icace gca okwekat’ emhlophe ehlungwini.
Iinginginya zabantu abantsundu zisatyiwa yindlala. Umhlaba nobutyebi busesezandleni zezizwe nangona ucalu-calulo seluphelile. Idabi lama-Afrika alikapheli engekabulawuli ngokwawo ubutyebi belizwe loobaw’ omkhulu.
Namhlanje sithetha nge-African Union, iManyano yama-Afrika, ukwenzela ukuba iAfrika ithabathele kuyo ulawulo nekamva layo, ingaxhomekeki kumazwe aseNtshona. Zonke ezi nquleqhu zenziwa ziinkokeli zethu, kodwa azintshanga. OoSobukwe bathetha ngezi zinto kwakudala. Kwamhla mnene iinkokeli ezifana noSobukwe zazikhala ngobumbano lwama-Afrika. Kambe bangakhala namhlanje ooSobukwe xa besiva ngokwanda kooHlohlesakhe namasela arhwaphiliza lo mnconwana ukhoyo wobutyebi ongafikeleliyo ebantwini.
Ukuze simkhumbule kakuhle uSobukwe namanye amaqhawe afana naye, singama- Afrika, kufuneka sigutyule aba Hlohlesakhe namasela aphakathi kwethu, siwakhuphele ecaleni. Ukuze livakale kwaye liqhube igalelo likaSobukwe, masomeleze imbumba yeAfrika ze umhlaba nobutyebi bubuyele kubaniniwo.
Okokugqibela, simkhumbula lo kaSobukwe njengomxolelanisi phakathi kweentlanga ngeentlanga, nangona wayetyholwa ngokuba nocalu-calulo. NjengomKrestu wayebathanda abantu ngaphandle komkhethe.
Mandilungise kwesa sityholo sokuba waphuma ecaleni. USobukwe zange aphume ecaleni ngokweyam imbono, ntonje waphuma kwi-ANC. Asikokuphuma ecaleni oko. [Uwele-wele.] Wohlukana ne-ANC ngokuba nezimvo ezizezakhe. Yintoni embi kuloo nto? [Uwele-wele.] Loo nto imbi kuphela kumntu ongafuni kulawula umntu nje kuphela, koko alawule neengcamango zakhe.
Imibutho yezopolitiko yahluka-hlukene. Ewe, ikhona imibutho ekuthiwa iyathengisa, njalo njalo. Mayithengise ethengisayo, kodwa oko akuthethi ukuba yonke imibutho iyathengisa.
Okokugqibela, mandivale ngokuthi: Mayibuye iAfrika, izwe lethu. [Kwaqhwatywa.] (Translation of isiXhosa speech follows.)
[ADV Z L MADASA: Chairperson, this House has yet to honour the role of heroes and heroines of Pan-Africanism. We should be talking as much as possible about this hero who is a descendant of the Sobukwes. Mr Sobukwe and his compatriots in their struggle years, said that the struggle for liberation must not be divided and become an issue of racism on the one hand and of distribution of wealth and land on the other. Today, we can proudly concur with that assertion.
Many black people are still hungry. Land and wealth are still in the hands of foreign countries even though there is no more apartheid. The struggle of African people cannot end whilst the wealth of the land is not in their hands. Today we speak about the African Union, and that is so that Africa could take control and pave the way to the future, and not be dependent on countries of the West. All these efforts made by our leaders today are not new. Mr Sobukwe and those he struggled with talked about these things a long time ago. Long ago leaders like Mr Sobukwe were calling for unity amongst Africans. Today they would shed tears of disappointment if they could see the fat cats and corrupt officials whose intention is to defraud people of the little they have, most of which is not accessible to people.
In order for us to remember and honour Mr Sobukwe and other heroes like him, as Africans, we should get rid of these fatcats and corrupt people among us. In order for Sobukwe’s role to be effective, we should support the African Union so that the land and wealth can be redistributed amongst its rightful owners.
Lastly, we remember Mr Sobukwe as a peacemaker between different races, even though it was alleged that he was racist. As a Christian he could not discriminate against people.
I should perhaps correct the wrong view that he was a dissenter. In my view, Mr Sobukwe was not a dissenter, he just resigned as a member of the ANC. [Interjections.] He became separated from the ANC because he had his own views. Is that a bad thing? [Interjections.] Indeed, that is bad to a person who not only wants to control another person, but his or her views as well. Political organisations have different ideologies. Indeed, there are organisations that are known as sell-outs, and so on. Those that are selling out must continue to do so, but that does not mean all organisations are selling out.
Lastly, I would like to conclude by saying: Africa must come back! Our Land! [Applause.]]
Mr I S MFUNDISI: Mr Chairperson, the hon Durand should hang his head in shame for using this occasion to promote the cause of the spineless New NP, which can hardly fill candidacies in what used to be their own strongholds.
In support of the motion, one notes that Pontius Pilate was spot-on when he
said in John, chapter 19, verse 5: Behold the man!'' Here is the man.
Mangaliso Sobukwe, as many have stated, was a man of wonders. He spewed
fire from his university days. In 1949, at the Completers' Social function,
he said:Do not ask me to use moderation in a cause like the present’’,
when he referred to the poor conditions of Africans at the time. Being who
he was, he showed his mettle in 1959 when he stood up and spoke out to
break ranks with the ANC to form the Pan-Africanist Congress. He felt that
the ANC was pandering to the whims of the liberals by clinging to the
Freedom Charter at the expense of Africanism.
As a leader, Sobukwe led from the front. He would not allow young people to be mowed down whilst the leaders hid. Instead, he handed himself to the police undisguised. He said: ``We are not prepared to have our people used as cannon fodder. When we embark on a campaign, it will be the leaders who will be in front. They will not remain behind or run away while the masses rot in jail.’’
Sobukwe yearned for what he called the United States of Africa, which would span the area from Cape to Cairo and from Morocco to Madagascar. He had a ``vision of a new Africa … an Africa rejuvenated, an Africa recreated …’’. The African unity, as we see it these days, can readily be described as the brainchild of this great giant.
He suffered no illusions whatsoever about the path he followed in his challenge to the white regime at the time. In his dignified and authoritative manner, he caused the then Minister of Justice, B J Vorster, sleepless nights. Vorster said of Sobukwe: ``He is a man with a magnetic personality, great organising ability and a divine sense of mission’’. Because of that, Vorster vowed to detain Sobukwe until this side of eternity. Sobukwe was a real handful to the South African government. When mention was made of his name, they had butterflies in their stomachs.
His organisational ability was noted on 21 March 1960 in Sharpeville, within one year of the formation of the PAC. The organisation was a hot potato to the government of the day, hence its banning, as well as that of the ANC. Though demonised by the authorities, those who knew him knew him as a modest man who was sensitive and concerned about the needs and hurts of others. They knew him as incapable of meanness. He wore the trademark of a warm smile and a big grin, followed by a deep chuckle of amusement. It is a pity that, even these days, there are those who revel in silencing people when they speak about this worthy son of Africa who died unsung, unsaid and unwept.
Those who care, know he left South Africans a legacy when he said: ``There is only one race to which we all belong and that is the human race’’. We call on the powers that be to immortalise Mangaliso Sobukwe so that posterity can come to know that he was who he was - a man with a mind of his own, a man of great integrity and a patriot par excellence. I thank you. [Applause.]
Dr M S MOGOBA: Chairperson, we feel privileged to be given the opportunity to pause, remember and give thanks to God for the life of and witness a great leader of this nation, Mangaliso Robert Sobukwe. We thank President Mbeki and Minister Kader Asmal for this timely reminder. Our only regret is that perhaps we should have had a whole day to discuss this tribute.
A son of the soil, a son of the Karoo, he rose to great heights in this nation and in the international community of nations. Coming from a very religious family, he was fully grounded in Methodism by his father Hubert and mother Angeline. He studied at the prestigious Healdtown College and at Fort Hare. Here he became chairman of the SRC. He was fully proficient in Xhosa, Sotho, Afrikaans and English. He was a good teacher, a university tutor at Wits and a powerful preacher in the Methodist church in Galeshewe, Kimberley, to where he was banished. The local church there will show you his seat in the church with great love, joy and pride. He married Veronica Zodwa Mathe and their marriage was blessed with four children - a daughter, Miliswa, and three sons, Dalindyebo, Didanisizwe and Dinilesizwe. I had thought that Dini would be in the House today. I think he is in the city to hear what we have to say about his father.
At Fort Hare, Mangaliso became a member of the ANC Youth League, an Africanist within the ANC, and in 1959 he led the group that broke away from the ANC to form the Pan-Africanist Congress of Azania. On 21 March 1960, the PAC organised an anti-pass law campaign which tragically resulted in the ruthless massacre of 68 people, injuring 186 men, women and children in Sharpeville. This event rocked the world. The ANC and the PAC were declared unlawful organisations. The United Nations declared 21 March as Sharpeville Day. The armed struggle was born. APLA and MK took up the armed struggle. Sobukwe and PAC leaders were arrested, sentenced to three years, two years and 18 months respectively.
The Parliament of our land, this House, did the extraordinary thing of passing the Sobukwe Clause, every year for six years, to keep him on Robben Island. This was a cruel and inhuman thing, as he had no reasonable human companionship there. His crime was outlined by the Minister of Justice, Mr B J Vorster. He described Sobukwe as ``a person who has a strong, magnetic personality, a person who can organise, a person who feels that he has a vocation to perform this task, well-knowing what methods can be applied’’. That was enough guilt, enough offence for him to be kept on Robben Island.
Sobukwe was a political thinker of great standing, one of the best political philosophers that Africa has produced. His ideas are timeless, particularly his exposition of African unity, of nonracialism, of positive nonalignment and of Pan-Africanism. Listen to what he said as a young student at Fort Hare:
We wish to make it clear again that we are anti nobody. We are pro- Africa. We breathe, we dream, we live in Africa, because Africa and humanity are inseparable. It is only by doing the same that the minorities of this land, the Europeans, Coloureds and Indians, can secure mental and spiritual freedom. On the liberation of Africa depends the liberation of the whole world.
He died on 27 February 1978 of lung cancer and was buried at his birthplace and home in Graaff-Reinet on 11 March 1978. Mr Anthony Lewis of the New York Times met Sobukwe on 9 June 1975 in Kimberley and wrote of him:
There was a power in him that shone through all the petty cruelties of official suppression. It is a power of belief in humanity, in nonviolent challenge towards justice, a man utterly at peace with himself and with his tormentors. He laughed a lot and said: ``A nonracial society - that remains my goal. I will make racism a crime, no matter from which side it came, like the American Civil Rights law.’’
This is a quote from Benjamin Pogrund, to whom I would like to pay tribute for having written a book on Sobukwe. We honour our founder-president on this 25th anniversary of his death. His difficult and tragic life was a long tale of the three S’s - serve, suffer and sacrifice. His memory will shine eternally in the hearts of many simple compatriots for whom he spoke, toiled, suffered and died.
My very last word is an appeal that it would be a very significant way of honouring his memory if, indeed, the PAC and ANC could come together and talk about this matter. I realise, from some of the things said by hon members, that there is a lack of forgiveness of historic facts. I believe that this must be buried once and for all in order for this country to move on. [Applause.]
Miss S RAJBALLY: Chairperson, I start this tribute with a quote from the late Mangaliso Robert Sobukwe’s speech at the `Completers’ Social’ at Fort Hare in 1949:
We want to build a new Africa, and only we can build it … Let me plead with you, lovers of Africa, to carry with you into the world the vision of a new Africa, an Africa reborn, an Africa rejuvenated, an Africa recreated, young Africa. We are the first glimmers of a new dawn. And if we are persecuted for our views, we should remember, as the African saying goes, that it is darkest before dawn, and that the dying beast kicks most violently when it is giving up the ghost, so to speak.
The fellows who clamped Nehru into jail are today his servants … As Zik puts it: ``Tell a man whose house is on fire to give a moderate alarm; tell a man moderately to rescue his wife from the arms of a ravisher; tell a mother to extricate gradually her babe from the fire into which it has fallen, but do not ask me to use moderation in a cause like the present.’’
Africa will be free. The wheel of progress revolves relentlessly and all the nations of the world take their turn at the fieldglass of human destiny. Africa will not retreat! Africa will not compromise! Africa will not relent! Africa will not equivocate! And she will be heard! Remember Africa!
Sobukwe, you are the father of the PAC. Your dedication and commitment to overcome the struggle burns intently in your words. You have been an inspiration and a great leader to many. Today you would be proud to know that your commitment and fight have been answered. We are a free people. We are a government by the people, for the people. But we are one nation, no matter what colour or creed. We have succeeded.
Yes, you are a role model to our young and old in society. To our youth of Africa: Remember, there is no age at which to make a difference. You can make it. You can ensure that you can build your future and the future of our country, our beautiful South Africa.
Mr Mangaliso Robert Sobukwe, I am sure you are resting in peace now that South Africa is free at last. Phumula ngokuthula. [Rest in peace.]
Mr C AUCAMP: Madam Deputy Speaker, in the Preamble to our Constitution we declare that -
We, the people of South Africa … Honour those who suffered for justice and freedom in our land.
There can surely be no doubt that the late Robert Mangaliso Sobukwe fits this description. Like the great Dr Anton Rupert, he was born in 1924 in Graaff-Reinet in the Karoo, the same town in which another great South African, Dr D F Malan, served as minister of religion before entering politics.
As a student, lay preacher and teacher of the 40s and 50s, he was an outspoken opponent of apartheid. He was instrumental in the formation of the PAC that broke away from the ANC in 1959. After his role in the antipass campaign and the revolt at Sharpeville in 1960, he was arrested and, after an initial three-year sentence, detained by a special Act of Parliament in terms of the so-called Sobukwe Clause, and effectively spent the rest of his life in prison until his death in 1978 at the age of 54.
In evaluating the political philosophy of Sobukwe, it must be said to his credit that he rejected communism. He also devoted himself to the achievement of human rights and freedom for all. He was one of the first prophets of an African renaissance with his well-known vision of -
… a new Africa, an Africa reborn, an Africa rejuvenated, an Africa recreated, young Africa. We are the first glimmers of a new dawn.
On the other hand, it must be stated that his political model would never be the solution for a country such as South Africa. Pan-Africanism, socialism and his total refusal of power-sharing can be mentioned here. He had no real recognition of the diversity of South Africa, as illustrated by his statement at the Africanist Inaugural Convention in 1959:
We guarantee no minority rights, because we think in terms of individuals, not groups.
On his personality and charismatic qualities, I only quote former prime minister John Vorster, who, in providing a reason for his detention, said:
He is a man with a magnetic personality, great organising ability and a divine sense of mission.
But, Madam Deputy Speaker, in the Preamble to our Constitution we don’t only declare that we will honour those who suffered for justice and freedom, we also declare that we will 11respect those who have worked to build and develop our country’’.
In dié verband moet ek vandag die vraag vra: kom hierdie onderneming tot sy
reg in ons openbare projekte, in ons skoolleerplanne en in hierdie Huis?
Ons het al in hierdie Huis baie huldigingsdebatte gehad vir talle van die
helde uit die struggle. Gaan ons steeds net een deel van ons geskiedenis
herdenk? Gaan my voorgangers, wat ook hul alles vir hierdie land gegee het,
ook eendag aan die beurt kom? Sit ons met ‘n situasie van die oorwinnaar
wat die geskiedenis herskryf in ons debatte, in ons leerplanne? Sit ons met
‘n oorvereenvoudigde geskiedenis van good guys'' enbad guys’’?
Eers wanneer ons ook erns maak met hierdie tweede onderneming in die Grondwet, kan ons daarop aanspraak maak dat Suid-Afrika regtig ‘n plek is vir al sy mense. Ek dank u. (Translation of Afrikaans paragraphs follows.)
[In this regard I have to ask a question today: Is justice being done to this undertaking in our public projects, in our school curricula and in this House? We have already had a number of tributary debates in this House for many of the heroes of the struggle. Are we going to continue commemorating just a part of our history? Will my predecessors, who gave their best for this country as well, also have their turn one day? Do we have a situation here of the victor rewriting history in our debates, in our curricula? Do we have an oversimplified history of good guys and bad guys?
Only when we take this second undertaking in the Constitution seriously, can we claim that South Africa truly is a place for all its people. I thank you.]
Mr P J NEFOLOVHODWE: Madam Deputy Speaker, words have no meaning by themselves. They acquire meaning from given material circumstances that govern the activities of people at any given moment in time. So, when we honour Sobukwe, we should not make the mistake of thinking that if he was living now, he would have answered all the difficult questions that we are grappling with now.
We should also not criticise him for not answering that which he never saw. So, when we remember Sobukwe, we should remember him for what he did within the circumstances in which he found himself with others in those days. At the same time, we should rededicate ourselves to those issues he raised that are still relevant today.
When we speak of Sobukwe, we are speaking of a teacher, a philosopher, a visionary, an activist and a dynamic leader. To speak of this fearless son of Africa is to speak of one of the most hated persons by the then apartheid regime. You will remember that when he was taken to Robben Island, they actually separated him from all other prisoners, and he stayed by himself, even though his activities had been similar to those of the people who were with him on Robben Island.
Despite his political views, with which some of us may not agree now, he was indeed a selfless leader and he was indeed a champion of the liberation struggle, not only in South Africa, but in Africa and in the world. So we honour him, all of us, silently, not because he is one of the forefathers of Africa. In the African tradition, when we honour people such as him, we don’t make a noise, even if we didn’t agree with what they had said.
When we speak and write about the struggle of the African continent and the people of Africa, and elsewhere in the world, Comrade Sobukwe’s name ranks high. When we think about the pioneers of ideas about ourselves, our image, identity and dignity as Africans, we then immediately remember Comrade Sobukwe’s concept of the African personality.
The relationship between Comrade Sobukwe and the people of South Africa, and black people in particular, can only be gleaned from his writing. When reading his speeches we came to the conclusion that if he had been alive today Pan-Africanism, a philosophy he articulated so well, would have been highly regarded on the African continent and agenda. Indeed South Africa, Africa and the entire world lost a leader, a revolutionary and a man of great stature.
Broadly speaking, Comrade Sobukwe understood that power is not neutral. He understood very well that power is not neutral. He knew that opposing forces exist in society and that in every society one is either part of the problem or part of the solution, as Comrade Bantu Biko would have put it. Comrade Sobukwe not only chose to be part of the solution, but went further to lead a process of resolving the problem and for this he paid the ultimate price.
His belief in Africans, his determination to free black people in South Africa, his commitment to the unification of the African continent - a vision we are now pursuing - will always remind us of the great struggle ahead. He was indeed a son of the soil. Thank you. [Applause.]
Mr A MLANGENI: Madam Speaker, today we are gathered here to pay tribute to one of the heroes of our struggle for freedom in South Africa, Robert Mangaliso Sobukwe, who died 25 years ago. In his book called Long Walk to Freedom, Madiba describes him as ``a dazzling orator and an incisive thinker.’’
The Pan-Africanist Congress launched itself on 6 April 1959, as an Africanist organisation that expressly rejected the multiracialism of the ANC. In his opening address, after he was elected the first President of the PAC, Sobukwe ``called for a government of the Africans by the Africans and for the Africans.’’
The definition of “African” as understood by the PAC, then, was obviously very narrow because it excluded all other population groups in the country. However, I believe that has now changed because today we have the De Lilles and the Patrick Duncans in their organisation. [Laughter.]
As the Secretary of the then South Western Townships, the present day Soweto, I had the privilege of working with Sobukwe because his ANC branch then fell under my jurisdiction - this was before they broke away from the ANC in 1958.
Sobukwe was a humble man, a giant of an intellectual who could take on anybody on any political topic. He was a lecturer at Wits University as we all know, but, because he was black like me, he could not be given a chair, even though he was qualified. His colleagues, however, referred to him as Prof - because he was qualified for that position. One day we will discuss the reasons why the PAC left the ANC.
Sobukwe was an adherent of the philosophy of Marcus Garvey. Garvey was a good organiser. He believed that the dissatisfaction of black Americans was so deep that there was no hope of ever gaining a full life in America. Therefore, he believed, a country must be found in Africa where the black Americans could determine their own future and be part of a United States of Africa.
Even when he was still a member of the ANC, Sobukwe expressed views similar to those of Garvey, namely of an Africa for the Africans and a United States of Africa.
The weakness of this philosophy is that it was not inclusive. It excluded other population groups such as Indians, coloureds and whites as part of the struggle against apartheid. Sobukwe believed that Africans alone must fight for their freedom. According to him, whites and Indians were aliens and therefore could not be included in the fight against white domination.
Even on Robben Island, these views were strongly expressed by members of the PAC. Be that as it may, Sobukwe was a great leader, a man of extraordinary courage. He was a fearless man; a man with a vision. We did not agree with the views of Sobukwe nor with the policy of the PAC. Nevertheless, we respected Sobukwe as a human being.
That the PAC under the leadership of Sobukwe would have achieved that liberation by the end of 1963 is the wildest dream I have ever heard of. However, Sobukwe made his contribution. As we know - we have all referred to it - he was arrested, taken away from his wife, children and relatives and imprisoned for many years and after he had finished his three years of imprisonment, we all know that the Sobukwe Clause was passed in order to keep him in prison even though he had finished his sentence.
The PAC found an already prepared ground - by the way - prepared by the ANC which had been campaigning for the destruction of the passes. We were supposed to have destroyed these passes on 31 March. The ANC had been campaigning for that. But unfortunately, the PAC hijacked that and brought the date forward. [Laughter.] I am not attacking the PAC - I am merely stating facts, comrades - they hijacked our campaign and, a week before the date of our campaign, they marched on to Sharpeville; and we of course know what happened thereafter.
Sharpeville Day is now observed throughout the world as a day of solidarity with the struggle of our people, and has been named International Day for the Elimination of Racial Discrimination in the world. Sobukwe’s commitment to Pan-Africanism, even after all the years of isolation, has been acknowledged by many.
I was going to refer to his address at the graduation in 1949 at Fort Hare but almost all the speakers have referred to it. I do want to say that, among other things, he said that if we are persecuted for our views we should remember - I think Comrade Rajbally also referred to it - the African saying that:
It is always darkest before dawn, and that the dying beast kicks most violently when it is giving up the ghost, so to speak.
He said, ‘‘The fellows who clamped Nehru into jail are today his servants.’’
Sobukwe loved Africa and he loved its people. In 1960, he voluntarily went to prison. He went to Orlando Police Station and said to the police, ‘‘I am not prepared to carry a dompas any more. You may arrest me if you so wish’’, and they arrested him.
Thank you very much. [Applause.]
Debate concluded.
Motion agreed to.
LOCAL GOVERNMENT: MUNICIPAL STRUCTURES SECOND AMENDMENT BILL
(Second Reading debate)
The DEPUTY MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT: Madam Deputy Speaker, hon members, just over two years ago, we inaugurated our new system of local government. This represented a watershed in our continuing endeavour to build a truly developmental state. Needless to say, local government occupies a strategic position in the broader front against poverty and underdevelopment. It continues to play a critical role in building local economies, developing social infrastructure, delivering basic services and ensuring effective governance and management of the cities, the towns and rural areas where our people live.
It is therefore important that this sphere of government is supported and strengthened to play these roles effectively. Apart from material and technical support given, it is also crucial to ensure that the institutional systems of local government are of such a nature that they enable it to respond to the challenges. Our new local government system, which is rated amongst the best in the world, is an evolving one. It therefore requires of us to keep a watchful eye on it, nurture it and support it so that it becomes a truly robust system that delivers to our people. The transformation of local government requires that, as the system develops, we continuously assess the situation on the ground and allow its dynamism and vibrancy to adapt and flourish without major shifts in policy.
It was with this in mind that visionaries who drafted the Local Government: Municipal Structures Act of 1998 saw it fit to build the necessary flexibilities into the system to allow for it to adapt to changing conditions. One of the provisions of the Act empowers the MECs responsible for local government to change types of municipalities. While this is policy already, it has become quite difficult to implement, due to constraints imposed by other provisions in the same Act. The Bill therefore seeks to do away with these constraints, create internal consistency in the Act and thereby allow for the policy to be implemented without hurdles. Therefore the Bill neither introduces policy nor does it represent a policy shift.
This Bill also seeks to create certainty in the legislation itself, and within the local government sector as a whole, as to the precise interpretation of the Act. It seeks to remove any doubt as to the application of the provisions that enable the MECs to change types of municipalities. It clarifies what changes will happen - that is, end of term for members of executive committees and end of term for executive mayors, depending on the nature of the type of change in a given municipality. It also provides for triggers to ensure that municipalities put in place structures and functionaries as a result of change of type.
While it is crucial to provide for flexibility in our system, we also need to be vigilant to ensure that this flexibility is not abused. We therefore need at all times to manage the tension between flexibility and the need to tighten our laws so that they are not open to manipulation. To this extent the Bill introduces measures to tighten the legislation. This is especially so with regard to the positions of mayors, executive mayors and deputies. These are important as the type of a municipality is tied to the type of a mayor you can have. The Bill seeks to ensure that the term of office of these mayors remains the same irrespective of the change in the type of municipality. Without this, you could have one person serving as a mayor for life each time a type changes. In the same vein, the Bill introduces measures that would allow these mayors to serve their full terms irrespective of change of type. This is important for stability in our system of governance.
I wish to assure this hon House and the public at large that all implications have been considered and that the Ministry and the department are satisfied that there are no foreseeable negative implications for our municipalities. The system of local government will continue to function in line with the checks and balances built into our legislation to minimise any disruption in service delivery when a change happens midstream. The department will, however, work with provinces and organised local government to monitor the situation closely and intervene when the need arises.
I would like to thank the Chairperson and members of the Portfolio Committee for Provincial and Local Government for giving our system of local government another chance to flourish. I also extend my heartfelt gratitude to our officials for their continued support. Madam Deputy Speaker, I now place before this House the Local Government: Municipal Structures Second Amendment Bill. I thank you.
Mr B J NOBUNGA: Hon Deputy Speaker, the Bill before this House seeks to amend the Local Government: Municipal Structures Act to allow for municipalities to change from one type of executive system to another during the same term of office of the municipality. The changes would happen in municipalities as necessitated from time to time through crossing the floor in municipalities, if need be, and/or when municipalities are of the view that effecting such changes in the type of an executive system would result in enhanced delivery of service and/or better and effective municipalities.
The current provisions in the Local Government: Municipal Structures Act are such that they disadvantage a new mayor who replaces an incumbent mayor who vacates his or her seat or position in that the period that the mayor would serve is regarded as a full term of office regardless of the length or period. However, the amendments would ensure that they correct these anomalies and provide for a similar provision which applies in other offices as stipulated in the Constitution regarding the President and premiers. So, from the time that this amending Bill is enacted into law, those mayors who are filling positions of vacating mayors will enjoy the benefit of starting a new term that would be considered to be a full term of office at the end of the municipal term of office for which they replace or fill positions of the mayors who are vacating such positions.
Thirdly, the amendment will also allow for a mayor to serve a full term which is measured in the same way as the term of a municipality, as opposed to a situation wherein change in the type of the executive system would have led to that of a mayor having to complete two terms within the same term of the municipality. The amendment, therefore, makes it possible for that mayor to come for a second term of office and not regard the change in the type of the executive system as a new term of office. Also, in the current provision, the two systems of mayoral types were regarded as different. A person would have served two consecutive terms under each, thus making the overall period of eligibility a total of 20 years’ turn under each mayoral type of executive system. But the current provisions limit the period to 10 years combined, should it happen that the type of executive system is changed while the same person is in office. Fourthly, the Bill provides for continuity in that it allows a person to serve two consecutive terms as a deputy mayor and then continue for another two consecutive terms as a mayor. But, at the same time, the Bill prohibits a mayor who has served his or her full term from being eligible for election as a deputy mayor. We reaffirm this position as it tries to limit the possibility of the undermining of a new mayor by the person who fully understands the office after having served for between 10 and 20 years. This, we hope, also allows room for new blood to come in with fresh ideas and without undue influence on the manner in which the new mayor is to run his or her office.
Angephetse ngekutsi ngisho lokutsi nome ngabe belikhona litfuba lekutsi abekhona sodolobha longahle aphatse lihhovisi likuba ngusodolobha iminyaka lengetulu kweli-14 netinyanga letitsite ngetulu, loko kutabe kulivela kancane. Sizatfu kutsi angeke kube sikhatsi lesinyenti lapho utawutfola khona kutsi umuntfu uba ngusodolobha sikhatsi lesingephansi kwemnyaka nome lesingaphansi kweminyaka lemibili bese uvalwa ngulomunye lotawungena kuleso sikhundla. (Translation of Siswati paragraph follows.)
[Let me conclude by saying that even though there would be an opportunity for another mayor to take over as head of the office of a mayor for more than 14 years and some months, that would be a rare thing to have happen. The reason is that it is not a common thing that one would find, that a person is a mayor for less than a year or two before another takes over his position.]
We hope that the amendment will enhance the functionality of municipalities and contribute to stability and progress at the local government level. The ANC supports the Local Government: Municipal Structures Second Amendment Bill. [Applause.]
Mrs G M BORMAN: Madam Deputy Speaker, this proposed amendment clarifies what the terms of office will be for executive committees, executive mayors and deputy executive mayors when there is a change of system, as has already been indicated. The DA supports the amendment. However, because the change in type is mainly, although not exclusively, from an executive type to an executive mayoral type, it is an opportune moment for the House to pause and re-evaluate the executive mayoral system. The weakness of the executive mayoral system is the exclusion of opposition parties from the mayoral committee.
On a recent tour of municipalities which the portfolio committee undertook, the failure of the executive mayoral system was glaringly apparent in the Johannesburg unicity. Not only are opposition parties excluded even from observer status, but they do not even see agendas until a whole month after a meeting. In the systems Act a whole chapter is devoted to performance management, and rightly so. But, in Johannesburg, the DA as the official opposition generally were not consulted on performance objectives and had to read about the key performance indicators for the two top levels of management when these were printed in the media. They were not even passed by the council. This is not acceptable in a multiparty democracy.
The executive mayoral system, when abused, is a blatant case of the ANC yet further whittling away at the democratic checks and balances that ensure transparency and accountability, and which guard against corruption. With municipal managers now being political appointments and the mayoral committee consisting of all of the mayor’s buddies, where are the checks and balances? We need early warning systems and usually it is the opposition who provide the early warning system.
I know that we are trying to model the mayoral committee on the Cabinet, but more is the pity. Local government does not sit at some lofty distance from the people. Local government is at the coalface where people expect delivery and constituencies need to be represented to ensure that delivery takes place. The DA wants to see a far more transparent and accountable system. The executive mayoral system offers a carte blanche for the abuse of power, inefficiency, corruption and cloak-and-dagger skulduggery, as I have already shown.
In the Eastern Cape, the DA MPL, Bobby Stevenson, acting on information from one of our councillors in the Ndlambe municipality, Louise Swanepoel, has been able to expose the illegal appointment of full-time mayors. Correct procedure was not followed and they will now have to pay back the money. There are some 11 municipalities involved here. The DA will be vigilant over ensuring that that money is paid back.
In a report of the United Nations Office on Drugs and Crime regarding government corruption, it is said that the public servants most guilty of corruption are the police, customs officials, local government, home affairs and court officials. That is an international group’s assessment, not an opposition report. It throws the spotlight on the secretive shenanigans for which this Government has become so renowned.
Of course, this Bill merely seeks to clarify existing legislation. The DA supports it. [Applause.]
Mrs S A SEATON: Madam Speaker and hon members, the Bill deals with certain consequences arising from a change in type before the expiry of the normal term of office. As the law stands at the moment, a province may change the type of municipality from one type to another, collective executive to executive mayor or vice versa.
However, certain consequences of this were not regulated in the original Local Government: Municipal Structures Act because they were not adequately anticipated. There is, however, a need for regulation in respect of certain, but not all, changes of type in the light of the impending change to the type in the Cape Town metro.
One consequence of a change of type is that the term of office of members may change, eg an exco member, in the case of a collective executive type, is elected until the next council is elected for a standard five-year provision or, according to the present amendment, until the type is changed. The same provision applies in respect of an executive mayor. This is logical because certain positions do not apply to certain types and they cannot continue in existence once a type is changed.
Another consequence deals with the successive terms of office and whether a vacancy is in fact created by virtue of a change of type. We see no problem in the notion that a vacancy does not arise because the change of type has the effect of terminating that office rather than creating the vacancy in the office. Serving the balance of the term in the different office is, therefore, not to be construed as filling a vacancy. Of course, if the change occurs towards the end of a term then the remaining period is very short. By the same token, however, it can occur earlier in a term, in which event the individual could hypothetically benefit. However, this is not likely to be a frequent occurrence and the complexity of drafting a provision in respect of what are arbitrary cut-off points negates the need to pursue the matter further.
A further committee amendment deals with the issue raised by the IFP. In the Act, a mayor or an executive mayor may enjoy only two successive terms of office in addition to serving as a deputy mayor. However, this was drafted in such a manner that, if read with the change of type provision, an individual could in fact enjoy four successive terms as a mayor, in addition to two preceding terms as a deputy mayor. This is likewise being remedied by conflating the different mayoral offices into one and the proposal on the table appears a reasonable response to the problems raised.
All in all, we do not see any major policy issues being raised by the Bill and, in respect of amendments made, our concerns have been taken on board. The IFP does support this Bill.
Mnr W P DOMAN: Geagte Adjunkspeaker, die Nuwe NP sal graag wil sien dat elke munisipale raad hulself afvra of hulle in die lig van die afgelope twee jaar se ondervinding die regte soort munisipaliteit het en indien nie, hul LUR nader om dit te verander. (Translation of Afrikaans paragraph follows.)
[Mr W P DOMAN: Hon Deputy Speaker, the New NP would like to see every municipal council ask itself whether, in the light of the past two years’ experience, it has the right kind of municipality, and if not, it should approach the MEC to change this.]
If a municipality chooses the executive mayoral type, the one issue that the New NP feels strongly about is that the executive mayoral committee meetings should take place with open doors. In municipalities in the Western Cape, where we govern with the ANC, we have agreed on this. It is unfortunate that the practice develops that executive mayoral committees meet behind closed doors. Legally, this is possible because mayoral committees are not the same as the other municipal committee meetings, which must normally be open. Mayoral committees can and normally do consist only of one party. By meeting behind closed doors, they are probably safe in a caucus meeting.
The very fact, however, that mayoral committees are a one-party affair points to the fact that closed meetings could portray an impression of secrecy. We must remember that, in the local government sphere, there is no separation of powers between legislative and the executive. What is more, municipal councils delegate powers to executive mayors. This is of course something that Parliament will never do. Therefore, it is wrong to equate mayoral committees with the Cabinet at national level and use this as an excuse to meet behind closed doors.
The only similarity is that the executive mayor appoints a committee and their term is linked to his or hers. Mayoral committee meetings are statutory meetings with council officials present, which poses the danger that they are drawn in to what can be perceived as a caucus meeting if held behind closed doors. The mere fact that an executive mayor must report all decisions to the council is also not enough excuse for meeting behind closed doors. The public and other councillors have a right to know what the motivation is when a decision is taken. The time that lapses between a mayoral committee meeting and the report of it to the council can, in certain circumstances, be crucial for insiders who have knowledge which others will only receive later. It is also crucial that in some instances those decisions take effect before the council can discuss it.
Government must be as transparent as possible, and since 1994 this has been the hallmark of ANC rule and one wants to applaud the ANC for it. However, the development in the past two years of closed mayoral committee meetings does not serve this democratic notion. Why can over 200 councils conduct everything in the open, but the other 80 or so not? When making the choice for the type of municipality, this should not be at the back of the mind regarding why municipalities will want to switch to the executive mayoral system.
The New NP wants to call on all executive mayors to open up their mayoral committee meetings and on the ANC who, of course, overwhelmingly governs the municipalities, where the executive mayor type is in operation, to enforce this on their members. [Applause.]
Mr D G MKONO: Madam Deputy Speaker, hon Minister and hon members, the Local Government: Municipal Structures Second Amendment Bill before this House today addresses the uncertainty in the original Act regarding the terms of office of municipal executive office bearers.
The original Act does not provide for the type of the municipality to be changed in terms of its executive composition, from either an executive mayoral type to an executive committee type or vice versa. However, the original Act was not specific in its determination of the terms of office of municipal executive office bearers in circumstances where the type of municipality is changed. The Bill clears up the uncertainty by providing that a change from one type to another requires that the affected office bearers vacate their positions within 14 days. In and of itself, this arrangement is acceptable and fits well within the legislative framework regulating local government.
What is of concern is that these changes were necessitated by municipal changes following local government defections last year. These are the unintended and potentially expensive consequences of disrupting the governance, twice in every term, for public representatives to cross or double cross the floor as they please. Local government and, for that matter, any other sphere of government, requires continuity to focus on service delivery. Millions of South Africans cannot afford the willy-nilly change of the executive type of local government, which grinds delivery to a halt as new office bearers are chosen and familiarise themselves with policies and systems. More stringent guidelines to restrict these changes are required. The UDM therefore support this Bill. [Applause.]
Mrs R M SOUTHGATE: Madam Speaker, the ACDP does not support this Bill, so we are voting against it.
Parliament has systematically silenced the ACDP by giving us one minute to articulate legislation, and I want to say it is impossible to do so. We notice the time allocation that is provided for farewells and tributes, but when it comes to important legislation, we are given one minute. So we, as the ACDP, protest. [Interjections.]
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, on a point of order: Is it correct and parliamentary for an hon member to allege that Parliament, as an institution created in terms of our Constitution, is silencing her when, by agreement of all parties, parties receive the time that is proportionally due to them in terms of their electoral support?
The DEPUTY SPEAKER: Order! Honourable member, it is actually not correct to say that Parliament is silencing hon members. In fact, it is the electorate that determines the support a party has, and the time has been distributed accordingly. If there are issues and ways of dealing with these matters among parties, please let us pursue them, instead of attacking the institution. Will you now proceed, hon member.
Mrs R M SOUTHGATE: Madam Speaker, let me say it is Parliament because we have taken it up many times with the Chief Whip; we have taken the matter to the Speaker and nobody listens to us. We raise this issue every time we only get one minute to speak. It is impossible. One cannot articulate in any debate and, many times, we have put forward our position but it falls on deaf ears. So the public must hear that Government wants to silence the ACDP so that now that the elections are nearing they know that they can keep us quiet. They have even done so with Rule 105 that deals with statements. The ACDP does not withdraw. We still protest. The DEPUTY SPEAKER: Order! Hon member, if you are still continuing with your speech, will you carry on. If you have nothing to say, will you please resume your seat so that we can go on to the next speaker.
Mrs R M SOUTHGATE: Madam Speaker, I have seven seconds left.
Ms C DUDLEY: Madam Speaker, on a point of order: The member has a constitutional right to silence.
The DEPUTY SPEAKER: Order! That is not a point of order.
Mr I S MFUNDISI: Deputy Speaker, the intended changes in the types of municipalities in terms of the office of executive mayors provide for dynamism in the institutions.
The institutions should not be left static to the extent that those who hold office develop roots. The provision that executive mayors and deputy executive mayors should hold office for not more than two consecutive terms is most welcome.
It is appreciated that amendments are brought forward even before the end of the first five years, lest the amendments be interpreted as being directed at certain people.
The Bill also makes room for a municipality of one type to be changed into one of another type. The amendments make provision for other people to aspire to higher office and service. There should be no feeling that the positions are cut and dried for some and not others.
On those grounds, the UCDP supports the Bill. [Applause.]
Miss S RAJBALLY: Madam Speaker, the provisions made to accommodate the executive committee or the executive mayoral type of structure are adequately set out to act as a firm backbone to the plans and practices of local government structures. This is a step closer to activating intentions and aims adequately and effectively. Secondly, the importance of having able and dedicated persons in such positions would ensure greater success.
The allocation of a timeframe is important to ensure that the effective conveyance of the changes is made timeously. The vacating of the seat of an executive committee member when changes are made to the executive mayoral type is supported, as long as the person vacating the seat is given sufficient time to do so.
However, the MF has to note the submission made by the Community Law Centre
that the proposed amendment does not address the when'' issue, but rather
thewho’’ issue, and further that the amendments only deal with the
changeover from a collective executive type of municipality to a mayoral
executive type of municipality and vice versa. What about the plenary type
of municipality to a mayoral type of municipality?
The MF supports the Local Government: Municipal Structures Second Amendment Bill. [Applause.]
Mr C AUCAMP: Madam Speaker, one seat, one minute, I will try my best. [Laughter.]
Hierdie wetsontwerp het die geleentheid gebied om meer as net enkele tegniese sake rakende die oorgang na uitvoerende burgemeesters te reël. Tans setel daar te veel mag in een persoon: die uitvoerende burgemeester. Rade word in baie gevalle blote rubberstempels vir die mag wat in een persoon sentreer, en vir besluite wat agter geslote deure geneem is.
Hoewel vergoedingskale van uitvoerende burgemeesters sentraal vasgestel word, word luukse empires deur uitvoerende burgemeesters gebou in terme van luukse ampsmotors en ampswonings van etlike miljoene. Dit terwyl die skuldlas van plaaslike owerhede astronomiese bedrae beloop! Die werklike soustrein loop op die plaaslike vlak.
Die AEB is ten gunste van maksimale afwenteling van gesag. Ongelukkig is dit tans so dat die derde span soms die meeste droogmaak. In die lig van die groot bedrag wat deur die sentrale begroting aan plaaslike owerhede toegeken word, moet wetgewing daargestel word wat hierdie luukshede beperk.
Die AEB steun hierdie wetsontwerp, maar vra ook verdere wetgewing wat die beperkte bronne van Suid-Afrika, ook op plaaslike vlak, sal kanaliseer na die gemeenskappe wat gedien moet word, en na nie die konings op die goue trone nie. Ek het nog twee sekondes oor: Ek dank u. [Gelag.] [Tussenwerpsels.] (Translation of Afrikaans paragraphs follows.) [This Bill offers the opportunity to regulate more than just a few technical matters affecting the transition to executive mayors. There is currently too much power vested in one person: the executive mayor. In many cases councils become mere rubber stamps for the power which is centralised in one person, and for decisions which are taken behind closed doors.
Although remuneration scales for executive mayors are centrally determined, luxurious empires are built by executive mayors in terms of luxury official vehicles and official residences worth several millions. This while the debt burden of local authorities amounts to astronomical amounts! The real gravy train is running at the local level.
The AEB is in favour of maximal devolution of power. Unfortunately, it is currently the case that the third team sometimes bungles the most. In the light of the large amount allocated to local authorities by the central budget, legislation must be introduced which restricts these luxuries.
The AEB supports this Bill, but also requests further legislation which will channel the limited resources of South Africa, also at a local level, to the communities which have to be served, and not to the kings on the golden thrones. I still have two seconds left: I thank you. [Laughter.] [Interjections.]
Mr Y I CARRIM: Madam Speaker, comrades and friends, this Bill must be placed in the context of the overall local government transformation process. And in fact many observers have pointed out that our local government transformation is possibly one of the most ambitious and most advanced local government projects anywhere in the world. And they put it to us when we were drafting and crafting this legislation that we were expecting to do too much too soon. We have just in fact come back, as Gloria Borman has said, from a very exhaustive study tour of some 41 municipalities.
Now I think most of us would agree that, given that it is 2 years on from 5 December 2000, we are certainly doing very well, even if it is not as well as we should be doing, but certainly, it is far better than is made out in the public discourse. As this transition unfolds we obviously begin to understand that there are aspects of our legislation that need fine-tuning, that need greater certainty and, as many speakers before me and the Deputy Minister explained, what we are doing here in this Bill is not introducing anything fundamentally new. We merely have, in the legislation in section 12, the opportunity to change the type of municipality from one type to another. All we are doing in this Bill is providing the certainty that you can do that, the conditions in which you can do it and the consequences of that.
And what I want say is that I think many of the speakers who spoke before me, partly because they were not here when we were drafting the original structures Act, misunderstand the nature of the different types. Essentially there are two types. There is what you know as a multiparty collective executive type in which all parties, based on the proportion of votes they secure, are represented. Then there is the other type, which is the executive mayoral type in which the majority party constitutes the executive. If it so chooses, it can include members from the other parties.
There are people saying that these executive mayoral committees should be open, that their minutes should be freely available, and that, in fact, opposition parties should observe. Well, that is patently not on. There are two systems, the one is the collective multiparty executive and, in that type, those things can happen, but this is a system that is different precisely because it is different. In other words, if we are going to speak about all three spheres of government, it means what applies to a large extent to national and provincial levels must also apply to the local level. So nobody in this Parliament says - the DP doesn’t, nor does any other party - that they want to observe President Mbeki’s Cabinet meetings or that they want minutes from President Mbeki’s Cabinet meetings. So you can’t expect the same at local government level. You can’t win through law what you have lost in the ballot box. [Applause.] If you are an opposition party, you have to deal with that as an opposition party.
Thirdly, if you look at this system, one of its salient features is that we created a much more powerful executive system and began to separate … Where is Johnny de Lange? My colleague is not here. He always debates this with me. We sought, through the system, to separate out the executive and the legislature at the local government level. So whether you are a collective executive or a mayoral executive type, you have far more powers now with the new system than you had previously.
Fourthly, it is not as if the mayoral executive committee has all the powers. Those powers are delegated by a council to which it is accountable in monthly meetings; at the very least four meetings a year, but most councils have 8 to 10 meetings, and a council can withdraw those delegations if the mayoral executive is abusing it.
Furthermore, if you look at the constitutional challenge put by the DA, the courts finally found that it is entirely correct and legitimate and legally sound and constitutionally sound to have mayoral executive committees comprising the party that has won. Show me in which democracy in the world
- this is the challenge I put to my colleagues here - a losing party has the right that they are demanding, the right to observe at a Cabinet meeting, and the right to actually have minutes of a Cabinet meeting. In no democracy in the world, not even in the most advanced social democracy like Sweden, can an opposition party demand it, unless of course the majority party decides to include opposition parties in an alliance.
Furthermore, it is not as if municipalities decide that they are going to be one type rather than another. It is the MECs that decide these types and there is an alternative - the multiparty collective executive.
May I go on and say, Miss Rajbally, with due respect to you, that you are wrong in what you are saying. Regarding the issues that were raised by Nico Statle, he himself conceded that they were actually not substantially correct and, in fact, the concerns that he expressed have been catered for in the amendments we have made. What he in fact said was not substantially correct in the first place, but that is neither here nor there. Because you weren’t at the meeting, needless to say, you don’t know.
I want to say finally, before we part here, that while we agree as a portfolio committee that it is useful to clarify that you can change from one type to another, it is not as if the portfolio committee feels we should change the types all the time. In fact, there is a sense in which we think, having come back from the study tour of municipalities, that there is a sense of transformation fatigue, if you like, at the local government level. So while we support the change of types, we are clear that these types should not be changed too readily and at a whim. It is a big thing to change types, and it means the composition of executives changes and so on, and so we shouldn’t go for it too soon.
Thanks to all the parties for their co-operation and especially to Slips Seleshu and Peter Bower from the department and the parliamentary liaison officers for all their co-operation. Let’s see how it works out. I think it is a very good Bill. It is a very sober, sensible, moderate, and temperate amendment to the legislation, once again confirming what we understood in the study tour with the Deputy Minister: that, in fact, what we found after our visit to those 41 municipalities is that, overall, the core features of this new model of local government are not being contested. Here and there we might have to tinker with legislation. It reaffirms the view that where you consult, as was done by our predecessors with the White Paper process, through enormous workshops and so on - in fact, it was a 10-year process before we arrived at this model - these things are more substantially sound and less susceptible to amendments. And this is, frankly, a minor amendment. Thank you. [Applause.]
The DEPUTY MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT: Deputy Speaker, I would like to thank all the members who participated in this debate and those parties that have supported this Bill.
The last time I was here discussing the Local Government: Municipal Laws Amendment Bill, I said that the process of transforming local government presents numerous challenges and it can be expected that, from time to time, we would have to make these interventions, as they may be necessary.
I am, however, saddened by the hon Southgate who started off by indicating that her party is opposed to this Bill, but I think the more serious part is that she deprived the electorate and those who voted for the ACDP and those whom she represents of an opportunity to hear her viewpoint by sticking that red tape across her mouth and saying nothing. It is a sad thing because I am certain that the electorate would have loved to hear her opposing views.
To the hon Borman, I would just like to say that she raised the point about reviewing the executive mayoral system because she objects to the opposition being excluded, but that we will not review the executive mayoral system merely for the sake of including the DP. I think that it is not so much a review of the system that is required, but what is needed is for us to work together to make our new system of local government work. And I think if you listened very carefully to the last speaker, the hon Carrim, you would understand what it means.
I want, once more, to thank the portfolio committee, the officials and all who participated in this debate. Thank you very much indeed.
Debate concluded.
Bill read a second time (African Christian Democratic Party dissenting).
NATIONAL DEVELOPMENT AGENCY AMENDMENT BILL
(Second Reading debate)
The MINISTER OF SOCIAL DEVELOPMENT: Mr Chairperson, the National Development Agency is a critical component of our country’s apparatus for dealing with the underdevelopment, deprivation and poverty that impacts so heavily on the daily lives of many South Africans. It is also a very important institution as far as working towards the national goal of sustainable development is concerned.
In terms of the NDA Act of 1998, the mandate of the NDA is unambiguous. It has to, firstly, grant funds to civil society organisations for the purposes of meeting the developmental needs of poor communities; secondly, strengthen the institutional capacity of civil society organisations for long-term sustainability; thirdly, proactively source funds for the NDA; fourthly, promote consultation, dialogue and sharing of developmental experience to debate and influence developmental policy; and, lastly, it has to develop strategies to collaborate with local community trusts, foundations and government clusters.
Since October 2001, the NDA has been funded through the Department of Social Development. In its first year of operation, the NDA disbursed an amount in excess of R100 million from Government to fund development projects in the areas of education and training, health, economic development, rural development and urban development. Our intention is that the business of the NDA should serve to complement and not to duplicate the programmes of the Department of Social Development. The national department is tasked with the formulation and monitoring of policy. The provincial departments design programmes and implement the policy.
The NDA, on the other hand, is tasked with the broad developmental function that involves the sourcing and distribution of funds across the country in a way that promotes social and economic sustainability among its civil society partners. In so doing, the National Development Agency aims to ensure that community involvement in poverty alleviation and development is enhanced, hon George.
Much of the enormous task of halving the incidence of poverty in South Africa by the year 2015 thus rests in the hands of the NDA. Ultimately, of course, we all hope that we will be in a position to move from poverty alleviation to poverty eradication in the foreseeable future. In the meantime, there is much work to be done. The responsibility for the distribution of huge allocations of funding to organisations that are often inexperienced and lacking in capacity is immense. This is even more so in rural areas, where the levels of poverty and underdevelopment are devastating.
Estimates are that 70% of the people living in the rural areas are poor and the majority of them are women. Conversely, however, most civil society organisations currently in operation are urban-based. The NDA will have to play a central role in redressing this situation. With these imperatives in mind, it is critical that the management of the NDA conducts itself in a fully transparent and scrupulous fashion. The credentials of the management and board of the NDA should be impeccable. The task cannot be assigned light-heartedly and without serious thought.
Given its popular mandate from the voters of this country, Government is, therefore, obliged to maintain an oversight role and to ensure that the business of the NDA is conducted without prejudice against the poor and without preference being shown to any group or any region of this country. The Department of Social Development is strengthening its monitoring and evaluation capacity and its lines of communication and co-operation with the NDA. The intention is to facilitate the functioning of the NDA, an NDA that is accountable, efficient and effective in delivering on its mandate to the poorest of the poor.
I thank you. [Applause.]
Mr E SALOOJEE: Mr Chairperson, every year since the transition to democracy, our call from this podium has focused on pushing back the frontiers of poverty.
In his state of the nation address, on 14 February, our President again highlighted the challenge of ensuring that we reduce the number of people dependent on social welfare and increase the numbers that rely for their livelihood on normal participation in the economy.
However, the President also made the point that Government alone cannot carry the challenge of fighting and eradicating poverty in South Africa and creating independent economic activity. There has to be active collaboration between Government and civil society. This is why an institution like the NDA has such a crucial role to play in the development of our people in our communities.
During the apartheid era, civil society organisations made a substantial contribution to development, delivery and the building of democracy. The development was, in fact, as a result of the apartheid state’s conscious decision to shift the responsibility for development services onto welfare agencies, designed to serve the interests of a very small minority. Development funding from foreign donors played a crucial role in the survival of most of the organisations that were organising the poor and deprived communities of our country.
Shortly after the transition to democracy, nongovernmental organisations experienced a serious crisis in funding. Because the overseas donors were channelling their money directly to Government, it became imperative, therefore, to establish an agency that could act as a conduit for funds to civil society organisations.
The National Development Agency was established on 1 April 2000, with a view to providing a space for Government and civil society to come together, reaching consensus on development priorities and how to reach out and to mobilise communities.
Civil society organisations were, correctly, very hopeful that this agency would be both a source of funding and a resource for capacity-building and community development.
However, we have all been very concerned about the serious difficulties experienced by the NDA. It took the agency nearly a year before it was able to grant any organisations money from its fund and seriously compromised its relations with the European Union. There was over R48 million in donor money it couldn’t spend.
There have also been suggestions that the NDA doesn’t have the capacity to really monitor and support those projects to which it awards moneys. It was clear to all of us that the NDA was not functioning optimally, and in the light of this observation we welcome the transfer of the NDA to the Ministry of Social Development.
We believe that in this environment it could, perhaps, start playing a much more effective role in mobilising communities and fostering a partnership between Government and civil society. The legislation, therefore, before us, as the Minister has already suggested, seeks to give effect to the transfer from Finance to Social Development.
The following amendments are being made to the NDA Act: an amendment to the definition of the Ministry in order to provide that the NDA is administered by the Minister of Social Development; a change in the composition of the board of the NDA by reducing the members of the board from 15 to 11; a reduction in the number of members required for the quorum of the board, consistent with the reduction of the membership from 15 to 11, and providing for the Minister to appoint the chief executive officer of the NDA upon the recommendation of the board.
The discussions in the committee around the composition of the board were lengthy, and some concerns were raised about the fact that civil society representation on the board is not weighed heavily enough. We would like to say that the number of people on either side is not the real issue.
We are not talking about competing priorities or interests. At the heart of the matter is how members of the board, as representatives of both civil society and Government, operationalise for the NDA, and the vision that we all have of developing our people into economically active members of the communities, and thereby restoring their dignity.
At the heart of the matter is the desire for developing ways of effectively reaching out to communities and mobilising these communities, and for this we need consensus amongst those persons serving on the board.
Despite the problems that the NDA has been experiencing, it appears there’s been some real development in the manner in which the agency is approaching their funding and support role. The NDA has recognised that the proliferation of small projects that have little means of support, aside from start-up funding, is not ideal and cannot be sustained over a medium- term to long-term period.
It is encouraging to note that the NDA wants to respond to this awareness by moving away from direct financial involvement and its small isolated projects, to a more broad-ranging involvement with bigger projects and programmes.
The NDA states that such larger projects will be more viable because the scale would ensure that market impact would be substantial. The portfolio committee has repeatedly seen, on its provincial visits, that unless there is sustained support over a range of issues, small projects cannot become sustainable.
So, let the NDA explore ways of clustering homogenous smaller projects and consolidating these into a single programme. The committee has also expressed its concern about the fact that there doesn’t seem to be a strong awareness at project level that Government funding cannot last forever, and that, at some point, the project would have to stand on its own.
But, then, support aimed at fostering sustainability must be real and it must be visible. The NDA must support programmes, not only in providing them with funds, but also in playing an active role in monitoring and mentoring and, when it cannot do this, identify those organisations that are able to play this role.
We must also remind those representatives of Government, due to be appointed to the board, that poverty is an intersectoral issue. You have, as a representative of Agriculture, of Public Works, of Water Affairs and Forestry, to identify those resources in your own departments that could contribute to the sustainability of projects funded by the NDA, and then facilitate the utilisation of those resources.
When the committee visited the state of Kerala this month, we visited some very interesting poverty eradication programmes, and we’d like to share some of our insights. I believe one of the most important lessons learned is that the most effective community mobilisation might not occur through the work of large organisations.
In fact, through the efforts of the Kudumbashree poverty eradication mission, small groups in communities are encouraged to organise themselves, identify their development needs and feed these needs into developmental plans at the local level.
This mission not only links the small groups directly to sources of funding, but also provides them with training, capacity-building, and the kind of support that enables them to come up with development plans that are sustainable. It also ensures that a partnership develops between community-based organisations and the Development Bank, so that participants in these projects have access to microcredit.
This also helps beneficiaries of the project to develop an understanding that they cannot rely on government funding alone, but that they have to commit themselves to small loans and they have to repay these.
In fact, the 100% repayment history in Kerala suggests what we have been saying for a long time: The poor are able to repay debts if they are given a constructive environment in which to enter into loan agreements.
We will, over the next few months, engage with the NDA to explore the effectiveness of the approach in organising communities. I want to appeal to members of this House to play an active role in monitoring the development of projects in their constituencies.
If we fulfil this oversight function effectively, we would be in a position to ensure that the problems arising in the manner in which the NDA relates to organisations that have applied for or received funding from the NDA, could be addressed in the context of our parliamentary work.
I trust that the appointment of a new board for the NDA will proceed smoothly and that we will be able to report and discuss the progress made by this grant-making body over the next few months. I thank you, Mr Chairman. [Applause.]
Mr N J CLELLAND-STOKES: Deputy Chair, the National Development Agency was set up to act as a partner with rural communities and entrepreneurs in poverty eradication projects throughout the country.
With an opportunity focus, it concentrates on providing access to resources for poor communities. Most of the projects centre on education, health, economic development and rural development.
This Bill sets out to move the NDA from the Finance Ministry to Social Development, and also to change the composition of the NDA board. In principle, the DA supports this essentially technical Bill as it reduces the number of members of the board from 15 to 11. The problem we have, though, relates to the fact that the ratio on the board between Government officials and members of civil society is being altered in favour of Government - never a healthy option.
It is essential for the NDA to be seen as nonpartisan and completely impartial, and the tilting of the board balance does not help in this regard. Let us not forget the imbroglio that spilled over into the media recently between Minister Skweyiya and his provincial counterpart, Gideon Zulu. And this makes my point: in South Africa today it is so easy for political point-scoring to cloud and taint projects. The NDA must be above this, and that is why the DA supports the board having a built-in majority of civil society members.
I see that Minister Skweyiya, in a statement today, has welcomed the social grant increases announced by the Minister of Finance yesterday in his Budget Speech. Let me agree wholeheartedly with the hon Minister, but also warn that all of this could be scuppered at the delivery stage if his plans for this monolithic agency for social security, presented to Parliament yesterday, are realised.
Clearly, there are huge problems with the current system, but centralisation, certainly, is not the magic wand, Minister. The existing system must be restructured and streamlined, and new innovative ideas and solutions must be introduced. For ``the Agency’’, as it’s called, to succeed, an efficient and effective Public Service is required. This is not the case in South Africa.
The monthly grant for many is a lifeline that is literally the difference between life and death. We dare not put at any greater risk than they are already those people who are suffering. People need to know that their money is going to come through every single month.
But, Minister, despite our objections, these amendments are, on the whole, positive ones for the NDA, and the DA supports the Bill.
Mrs I MARS: Deputy Chairman, hon Minister, the IFP is pleased that the amendments to the 1998 National Development Agency Bill are finally to be considered by this House. To us, the transfer of the NDA from the Treasury to the Ministry of Social Development is a logical decision and the most important aspect of the proposed changes to the Bill.
Regarding other changes, even the fact that the number of members of the board has been reduced does not, in our opinion, necessarily detract from its potential effectiveness, although, ideally, we would have preferred a larger proportion of members from civil society.
The NDA’s vision - and I quote: ``to be the premier partner to civil society and Government in eradicating poverty in South Africa’’ - is obviously a matter we all support. It is a vision that, when translated into effective implementation, could transform the lives of many of our most deserving fellow citizens.
Since its inception in 1998, the NDA has been endowed with financial resources and established human and physical infrastructure, such as national and regional offices. It has also raised the expectations of civil society. I believe that we need to establish clearly what these public expectations are and test existing projects for viability and sustainability.
The NDA has provided us with impressive lists of funded projects, and we trust that these have achieved our objectives regarding poverty alleviation.
I have to state that it is extremely difficult for members of this House to locate projects from the information made available. In future, therefore, we will rely on the Ministry of Social Development to supply more comprehensive information.
We also note from the 2001 report that the main beneficiaries - that means the actual disbursements per province - are located in Gauteng, whereas the Republic’s most densely province, KwaZulu-Natal, received, in terms of disbursement, only half of that of Gauteng. These and other concerns will, in due course, be addressed through the good offices of the Portfolio Committee on Social Development.
In 2001 the corporate sector was left with an unspent balance of the Government grant. We assume that there was a good reason for that and that the funds have subsequently been utilised.
We also note that the interests of the European Union’s funds had to be returned in terms of the agreements. One cannot help but wonder how funding was applied for and approved, and what the reasons were for nonutilisation of these funds.
What did, however, impress us was the fact that as far as operational costs are concerned, the prudent investment of R1 million received from the Independent Development Trust yielded sufficient interest to offset a large portion of the operational expenditure. To us this demonstrates that the board has set up a sound fiscal framework.
In closing, I wish to take this opportunity to wish the NDA a successful future under the Ministry of Social Development. We are looking forward to a good working relationship. We also want to encourage the Minister and the portfolio committee to take an active interest in the NDA’s programmes and projects. Much is expected from all of us, and we have to ensure that every available cent is used to support and empower our most deserving fellow citizens.
The IFP supports this Bill. Thank you.
Mr A Z A VAN JAARSVELD: Deputy Chair, in our quest to make South Africa a better place for all its people, we can never stop looking for measures to improve the systems and processes through which we want to attain this goal.
In ons soeke na beter dienslewering en praktiese metodes om die grense van armoede terug te skuif doen ons daagliks meer ondervinding op en gaan ons noodwendig leemtes in sisteme ontdek. Dit is ons taak om toe te sien dat hierdie leemtes aangevul word en die implementeringsprosesse meer vaartbelyn gemaak word. (Translation of Afrikaans paragraph follows.)
[In our quest for better service delivery and practical methods to push back the frontiers of poverty we are gaining experience daily and will necessarily detect deficiencies in systems. It is our task to see to it that these deficiencies are supplemented and that the implementation processes are made more streamlined.]
The primary object of the NDA is to contribute towards the eradication of poverty and its causes by granting funds to civil society organisations for the purposes of carrying out projects or programmes aimed at meeting the development needs of poor communities and at strengthening the institutional capacity of other civil society organisations involved in direct service provision to poor communities.
The NDA should act as a key conduit for funding from our Government, foreign governments and other national and international donors for development work to be carried out by civil society organisations. It must also contribute towards building the capacity of civil society organisations to enable them to carry out development work effectively.
Last year the NDA tabled a document entitled ``Grant commitment and disbursement report’’.
In hierdie dokument is die indruk geskep dat meer as 84% van alle maatskaplike toelae wat vir die boekjaar 2001-02 aan welsynsorganisasies en maatskaplike instansies toegeken is, nié deur die ontwikkelingsagentskap versprei is nie. (Translation of Afrikaans paragraph follows.)
In this document the impression was created that more than 84% of all social grants allocated to welfare organisations and social institutions for the 2001-02 financial year were not distributed by the development agency.]
I took up this issue of underspending with the Minister in a question, and he replied as follows:
Funds received by the agency amounted to R238 328 570, which consists of Government grants amounting to R190 million and the grant from the European Union amounting to R48 328 570. Of the R190 million received from the Government, an amount of R126 771 620, or 67%, was allocated to various projects. This amount represents disbursements of R49 493 375, or 26%, and committed funds of R77 million rounded off, almost 41%, for the financial year.
Secondly, I would like to remind the hon member that during the financial year under review, my Ministry and the department had no jurisdiction over the National Development Agency. The responsibility of the NDA was transferred from the Ministry of Finance to that of Social Development by the presidential proclamation on 19 October 2001. I have met with the NDA board who has assured me that they are taking all necessary steps to expedite project approvals and payments.
By changing the composition of the board and making the proposed changes in the Bill, we are definitely going one step further in our quest to attain our goal of pushing back the frontiers of poverty, and for that we, the New NP, support this Bill. I thank you. [Applause.]
Prof L M MBADI: Chairperson, ``Rhecizulu’’ [Tallman] and colleagues, the Bill before us amends the National Development Agency Act of 1998 by transferring responsibility for the NDA from the Ministry of Finance to the Ministry of Social Development. The NDA is now the responsibility of the Minister of Social Development.
What is of great significance in the Bill is the reduction in the number of members of the board. The NDA acts through a board whose number of members has now been reduced as follows: the six members representing Government have been reduced to five; and the nine members representing civil society have been reduced to six.
The reduction in the number of members representing civil society from nine to six is of great concern to the UDM. These members are too few to reflect South African society, with special attention to race, gender, geographical spread, organisations based in rural areas and faith-based organisations.
We also have to bear in mind that the primary object of the NDA is to contribute towards the eradication of poverty and its causes by granting funds to civil organisations for the purpose of carrying out projects or programmes aimed at meeting the development needs of poor communities.
The UDM would have appreciated the following reduction: that the number of members representing Government be reduced from six to four; and the number of members representing civil society be reduced from nine to seven. The total number of members of the board would remain 11. The only change would be the strengthening of civil society by one member.
It must be noted that it is the Minister, not the members of the board, who must appoint the chairperson and deputy chairperson from the members of the board. However, it is the members of the board that recommend to the Minister the appointment of a chief executive officer of the NDA.
The UDM supports the Bill.
Mrs R M SOUTHGATE: Deputy Chair … [Interjections.] I’m so glad I got members’ attention. [Interjections.] However, one minute is still not sufficient, but I want to do justice to my speech. [Interjections.]
The revised composition of the NDA board from 15 to 11 will give Government greater influence over the policy direction of this agency. And, as we know, there’s going to be manipulation.
It is evident that civil society organisations are being marginalised from mainstream socioeconomic projects and programmes. The ACDP has always maintained that social policies are the central role of civic organisations. We do not support the way the executive and administrative functions of the board have been downscaled.
It is unacceptable practice that the Minister appoint a chair or chief executive officer when the board can reasonably execute this function itself. The board’s purpose and vision will diminish with respect to Government’s interference. And, may I add, putting this particular body under the sole administration of Social Development is not right. It is not good, because poverty reduction should be the responsibility of all the other Ministries involved in this. [Interjections.] It is not just the responsibility of Social Development, so I have a great problem with this aspect as well.
The ACDP does not support this amendment. Thank you. [Interjections.] [Applause.]
Dr M S MOGOBA: Chairperson, the PAC supports the amendments. We believe that the change of jurisdiction from Finance to Social Development is a very good move, because when you deal with development, you are dealing with Social Development. I happen to have a longish association with the NDA from the IDT days through the transitional Development Agency up to the creation of the NDA. And I know how the whole question was being debated from one point to another.
I just want to say that development will not happen unless there is credibility and confidence, and people begin to realise that they are participants in the whole process of development. I believe that the NDA is one of the assets that we have in this country. We must develop it very carefully and nurture it because basically, in the end, no government or party can bring about development, but an independent body like the NDA can be a useful vehicle in bringing about development in the areas in which it is needed.
I want to say ``Halala, NDA. Grow from strength to strength. We need you.’’
Miss S RAJBALLY: Thank you, Deputy Chairperson. The MF wishes to voice its support of the National Development Agency. There is a great need for Government and civil society to work closely together to reassure the public that Government is here to deliver and, in turn, this should encourage Government to ensure that it is delivering satisfactorily.
Poverty is one of the worst diseases eating away at South African society. To alleviate this, Government is working around the clock in all spheres and sectors to ensure delivery and to eradicate the problem.
One such attempt has been that the NDA has been set up as an independent statutory body. The NDA has been set up for the funding of development work by civil society organisations by the South African Government, foreign governments and other international donors.
The MF supports the provisions made in this amending Bill. However, it is felt that the NDA should play a vital role in facilitating the work of civil society organisations by acting both as a source of funding and a source of capacity-building. Further, the success of the NDA should be measured by its ability to activate civil society projects to eradicate poverty and improve economic sustainability.
The MF supports the National Development Agency Amendment Bill.
The MINISTER OF SOCIAL DEVELOPMENT: Thank you, Mr Chairman. I hereby thank all members for their contribution and I would like to assure them that the NDA will do exactly what it ought to be doing and what it has been doing, that is, ensuring that development reaches almost everybody in the whole of South Africa, specifically the poorest of the poor, and goes out to almost each and every region of each and every province of this country, with special emphasis on those four provinces that have been prioritised by the Government: the Eastern Cape, Limpopo, KwaZulu-Natal, and the Free State, as well as all the others.
We would like to focus basically, both as a department and as the NDA, on the rural areas, as I have mentioned and, more importantly, on ensuring that women take the lead in development. [Applause.]
Last, but not least, we would like to appeal to all parties to support, work and co-operate with the NDA. The NDA will never be able to do its work unless it has your support, monitoring, help, assistance and direction so that it can reach the poorest of the poor with special emphasis on the rural areas and also the poorest of the poor in the urban areas. And I hope that, with this Bill, we will be able to ensure that there is always a quorum in the board so that we do not have a big board that sometimes does not correlate, and that is why we have to cut the composition of the board down to what it is.
In so far as the question of the participation of the other departments is concerned, quite obviously, out of the five people that ought to be there, one would be from Social Development, and others will come from the departments that have always worked with the NDA. I do not see any need for concern to be expressed on that issue. Development is not a departmental issue. It is an all-round issue in which every department should participate.
Debate concluded.
Bill read a second time (African Christian Democratic Party dissenting).
The House adjourned at 17:11. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS:
National Assembly:
- The Speaker:
Referrals to committees of tabled papers:
(1) The following papers are referred to the Portfolio Committee on
Justice and Constitutional Development:
(a) Draft Regulations made in terms of the Recognition of
Customary Marriages Act, 1998 (Act No 120 of 1998).
(b) Government Notice No R 1299 published in Government
Gazette No 23943 dated 18 October 2002: Amendment of the
Magistrates' Courts Rules, made in terms of section 6 of the
Rules Board for Courts of Law Act, 1985 (Act No 107 of 1985).
(2) The following paper is referred to the Portfolio Committee on
Housing:
Report and Financial Statements of the Thubelitsha Homes for 2001-
2002.
(3) The following papers are referred to the Portfolio Committee on
Water Affairs and Forestry:
(a) Government Notice No 1288 published in Government Gazette
No 23936 dated 11 October 2002: Extension of time for a
General Authorisation in terms of section 36 of the National
Water Act, 1998 (Act No 36 of 1998).
(b) Government Notice No 1347 published in Government Gazette
No 23993 dated 31 October 2002: Prohibition on the making of
fires in open air: Districts of Clanwilliam, Piketberg, Ceres,
Tulbagh, Worcester, Paarl, Stellenbosch, Strand and Somerset
West, made in terms of the Forest Act, 1984 (Act No 122 of
1984).
(c) Government Notice No 1348 published in Government Gazette
No 23993 dated 31 October 2002: Prohibition on the making of
fires in open air: Districts of Swellendam and Montagu, made
in terms of the Forest Act, 1984 (Act No 122 of 1984).
(d) Government Notice No 1349 published in Government Gazette
No 23993 dated 31 October 2002: Prohibition on the making of
fires in open air: Western Cape, made in terms of the Forest
Act, 1984 (Act No 122 of 1984).
(e) Government Notice No 1359 published in Government Gazette
No 24002 dated 8 November 2002: Transformation of the Mkuze
Falls Irrigation Board, Division Ngotshe, Province of KwaZulu-
Natal, into the Mkuze Falls Water User Association, Water
Management Area Number 6, Province of KwaZulu-Natal, made in
terms of the National Water Act, 1998 (Act No 36 of 1998).
(f) Government Notice No 1395 published in Government Gazette
No 24042 dated 15 November 2002: Determining of an interest
rate, in terms of section 59(3)(a) of the National Water Act,
1998 (Act No 36 of 1998).
(g) Government Notice No 1439 published in Government Gazette
No 24060 dated 11 November 2002: Release of land from the
Dukuduku State Forest, in terms of section 50(3) of the
National Forests Act, 1998 (Act No 84 of 1998).
(h) Government Notice No 1441 published in Government Gazette
No 24065 dated 22 November 2002: Establishment of the
Rondebosch River Water User Association, Division Plettenberg
Bay in the Province of the Western Cape, Water Management Area
Number 16, made in terms of the National Water Act, 1998 (Act
No 36 of 1998).
(i) Government Notice No 1481 published in Government Gazette
No 24093 dated 29 November 2002: Establishment of the Sand-Vet
Water User Association, Districts of Senekal, Winburg,
Ventersburg, Virginia, Welkom, Wesselsbron, Hoopstad,
Theunissen and Bultfontein, Water Management Area Number 9,
Free State Province, made in terms of the National Water Act,
1998 (Act No 36 of 1998).
(j) Government Notice No 1519 published in Government Gazette
No 24116 dated 6 December 2002: Transformation of the Vaal
Irrigation Board, Districts of Kimberley and Herbert, Northern
Cape Province, into the Orange Vaal Water User Association,
Water Management Area Number 14, Northern Cape Province, made
in terms of the National Water Act, 1998 (Act No 36 of 1998).
(k) Government Notice No 2 published in Government Gazette No
24215 dated 3 January 2003: Notice in terms of section 50(3)
of the National Forests Act, 1998 (Act No 84 of 1998), release
of part of the Hangklip Plantation which is no longer required
for forestry, made in terms of the Act.
(l) Government Notice No 3 published in Government Gazette No
24215 dated 3 January 2003: Notice in terms of section 50(3)
of the National Forests Act, 1998 (Act No 84 of 1998), release
of Blyde, George, Timbadola, Wemmershoek and Stutterheim
sawmills as state forests, made in terms of the Act.
(m) Government Notice No 84 published in Government Gazette No
23717 dated 17 January 2003: Board of Bloem Water: Extension
of service area, made in terms of the Water Services Act, 1997
(Act No 108 of 1997).
(n) Government Notice No 103 published in Government Gazette
No 24256 dated 17 January 2003: Proposal for the Establishment
of the Inkomati Catchment Management Area, Province of
Mpumalanga, Inkomati Water Management Area, made in terms of
the National Water Act, 1998 (Act No 36 of 1998).
(o) Government Notice No 106 published in Government Gazette
No 24260 dated 17 January 2003: Invitation to submit written
comments on proposed list of protected tree species under the
National Forests Act, 1998 (Act No 84 of 1998).
(p) Government Notice No 124 published in Government Gazette
No 24264 dated 24 January 2003: Establishment of the
Boschkloof Irrigation Scheme Water User Association,
Magisterial District of Sekhukhune, Province of Limpopo, Water
Management Area Number 4, made in terms of the National Water
Act, 1998 (Act No 36 of 1998).
(q) Government Notice No 125 published in Government Gazette
No 24264 dated 24 January 2003: Transformation of the
Worcester East Major, Hex River, Nuy River, Overhex, Nonna,
Aan De Doorns and Nooitgedacht Irrigation Boards, Division of
Worcester, Province of Western Cape, into the Worcester East
Water User Association, Water Management Area Number 18,
Province of the Western Cape, made in terms of the National
Water Act, 1998 (Act No 36 of 1998).
TABLINGS:
National Assembly and National Council of Provinces: Papers:
- The Speaker and the Chairperson:
Submission of the Financial and Fiscal Commission on the Division of
Revenue Bill for 2003-2004, tabled in terms of section 9 of the
Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997).
- The Minister for Justice and Constitutional Development:
(a) A notice to alter the area of jurisdiction for which a High
Court has been established, in terms of section 2(2) of the
Interim Rasionalisation of Jurisdiction of High Courts Act, 2001
(Act No 41 of 2001).
(b) Report regarding the Alteration of the Areas of Jurisdiction for
which High Courts have been established.
(c) South African Development Community Protocol on Extradition,
tabled in terms of section 231(2) of the Constitution, 1996.
(d) South African Development Community Protocol on Mutual Legal
Assistance in Criminal Matters, tabled in terms of section 231(2)
of the Constitution, 1996.
(e) Explanatory memorandum to the Protocols.
- The Minister of Public Works:
Report and Financial Statements of the Independent Development Trust
for 2000-2001, including the Report of the Auditor-General on the
Financial Statements for 2000-2001 [RP 154-2001].
National Assembly:
Papers:
- The Speaker:
The following members have been appointed to the Board of South African
National Parks for the period 1 January 2003 to 31 December 2003:
Ms Charmaine Phillida Klein
Mr Bernard Mnakwazo Kwaaiman
Mr Clive Walker
Mr Mogomotsi Edward Mokgatlhe
Mr Mduduzi Too-Good Mchunu
Mr Meshack Siboshwa Nkosi
Mr Mokgoko Gabriel Molefe
Ms Sheila Vrahimis
Mr Zakhele Johannes Sithole
Mr John Samuel
Mr Mafison Murphy Morobe (Chairperson)
Ms Phindile Nzimande
Mr Tamsanqa Sokutu
Dr Tanya Abrahamse
Ms Tshepo Sophia Khumbane
Ms Vuyokazi Mbelani
Prof Willem Frederik van Riet
Dr Zarina Patel
Note: In terms of section 8(2) of the National Parks Act, 1976 (Act No
57 of 1976), if, within thirty days after the name of any person has
been tabled under the provisions of subsection (1), Parliament passes
resolutions disapproving of the appointment of that person as a member
of the board, his or her appointment shall be cancelled.
Referred to the Portfolio Committee on Environmental Affairs and Tourism for consideration and report.