National Assembly - 19 March 2003

WEDNESDAY, 19 MARCH 2003 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 15:04.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

                  CROSSING OF THE FLOOR LEGISLATION

                           (Announcement)

The SPEAKER: Order! Hon members, before proceeding with the business of the day, I wish to make an announcement on the coming into operation of the crossing of the floor legislation.

Hon members, you are aware that the National Council of Provinces yesterday agreed to the Constitution of South Africa Fourth Amendment Bill. The Bill has been sent to the President for his assent. Members should note that the legislation comes into operation on a date set by the President by proclamation in the Gazette. The window period for members to change party allegiance in terms of the legislation commences immediately on the day following the date of the commencement of the Act.

Members or parties who wish to use this window period to change their status should only do so within the window period. We should advise you of when the window period commences. Any member or party wishing to make any change during this period should complete a special form which has been prepared for this purpose, and will be available from the Chief Whip of any party, or from the Secretary to the National Assembly, Mr Hahndiek, or from Undersecretary Dr Ismail.

Members and parties should note that for purposes of informing the Speaker of any intended changes, they should personally submit the completed form, which will be the only valid form, to either Mr Hahndiek or Dr Ismail. The form will include covering notes containing details which members and parties will need to comply with in order for the change to be valid.

Members, this is to alert you to the proper procedure that should be followed, and at which point you will be able to change any status.

We will now proceed with the business of the day. The first item is questions addressed to the Minister of Transport, that were standing over from last week. In terms of the Rules, 30 minutes have been added to question time, to allow for these questions. At the expiry of 30 minutes, we will proceed to questions addressed to members in the Peace and Security cluster. So we will now take Question No 15 standing over from Wednesday, 12 March, which has been asked by the hon N Magubane to the Minister of Transport. I call on the Acting Minister.

QUESTIONS AND REPLIES - See that book.

                        MOTION OF CONDOLENCE

                      (The late Ms Linda Mbeki) The CHIEF WHIP OF THE MAJORITY PARTY: Deputy  Chairperson,  I  move  without notice:

That the House -

(1) notes with sadness the passing away of Ms Linda Mbeki, elder sister to President Thabo Mbeki, who after a short illness, lost her life on Thursday, 13 March 2003, at the age of 61;

(2) extends its profound sympathy to the Mbeki family, relatives and friends; and

(3) expresses its sincere condolences:

   Sithi, akwehlanga lungehli nina  baKwaMbeki,  May'ilale  kahl'intombi
   yakwethu. [We say, sincere condolences to the Mbeki family. May  your
   sister rest in peace].

Agreed to.

            POLICY ON BLACK ECONOMIC EMPOWERMENT STRATEGY

                             (Statement) The MINISTER OF TRADE AND INDUSTRY: Chairperson, may I thank  you  for  this opportunity to address the House. I think it is appropriate  that  I  inform the House of the progress made by Government in setting out  the  policy  on black economic empowerment. Today  Cabinet  adopted  the  broad-based  Black Economic Empowerment Strategy, as was announced by President  Mbeki  in  his opening address in this House on Friday, 14 February. All comments  made  by Cabinet are now being incorporated into the final documentation, and I  will release this on Monday, 24 March, in Pretoria.

The draft Bill will be finalised at the next Cabinet meeting, and will then follow the normal course of legislation. However, let me make some points in anticipation of that more detailed announcement. The essence of the new strategy can briefly be stated as follows: The strategy outlines Government’s policy objectives, as well as the policy instruments that Government will consistently and predictably use. The policy instruments include the formalisation of partnerships, or charters, as they have come to be called, with the private sector, where this is appropriate; the use of a balanced scorecard approach to gauge success on the part of enterprises and sectors; and an Act that allows for the formalisation of guidelines, codes and the establishment of an advisory council.

In addition, new financial support measures are introduced, and existing financial support is better aligned with the strategy. In general, there will now be considerable information available to all as to the policy intention and approach of the Government. The essential elements of the strategy are briefly outlined in what I say now: The strategy proposes that black economic empowerment or BEE should be broad-based and inclusive, and should result in both higher levels of black ownership, as well as a reduction in income inequalities. It should result in effective black participation in the economy, and this participation should be reflected in both the broadening of the entrepreneurial base and increased participation in managerial, professional and other skilled occupations.

Clear mechanisms are spelt out to ensure that BEE is broad-based and that local communities and employees benefit from the empowerment process. The BEE process will, therefore, include elements of human resource development, employment equity, enterprise development, preferential procurement, as well as investment, ownership and control of enterprises and economic assets.

These factors are those that are embodied in, and have been developed in, the Mining Charter. Black economic empowerment goes beyond political and social obligations. The creation of a more equitable economy is fundamental to the acceleration of South Africa’s economic growth. Empirical studies indicate that more egalitarian societies tend to experience greater economic growth. The deracialisation of the economy is therefore essential for political and social stability, but is also essential for economic growth.

The strategy has at its call the promotion of partnerships between the public and private sectors. The partnerships would assist in the formulation of empowerment policies and programmes, as well as the development of workable empowerment, financing and institutional arrangements. Sector and enterprise -based charters are one of the forms that such partnerships can take. Such charters would need to include specific mechanisms to achieve BEE objectives in that sector, or enterprise, in a comprehensive, but appropriate manner, as well as provide measurement indicators and targets where they can be set.

With regard to targets, it is proposed that these be set at the appropriate level so as to ensure accountability. Charters with relevant targets would be encouraged in those sectors where Government issues licences, and where Government exercises strong regulatory control. In other sectors, especially the broader manufacturing and service sectors, Government should encourage companies to develop company, or enterprise, charters.

The strategy is the culmination of a process that began in 2001. An interdepartmental task team, which was established in 2001 in the employment and investment cluster, co-ordinated input to assist in the development of a BEE strategy. Clearly this strategy has also been informed by the BEE commission report, an integrated national BEE strategy, which was submitted to Government in April 2001.

Presentations have been made to the Portfolio Committee on Trade and Industry. The BEE strategy was discussed at the Cabinet makgotlas in July 2002 and January 2003, and finally the strategy document has been informed by discussions and written input from a number of external stakeholders: the Black Business Council, the Black Business Working Group, the Big Business Working Group and the Trade and Industry Chamber of the National Economic Development and Labour Council.

I would like to particularly thank a number of business leaders for their well-considered and supportive comments which have been sent to my department as we finalised the documentation. Between now and the passing of the legislation, and the formal setting up of the advisory council, there is of course a further chance to refine the document, and to promote this seminal strategy.

I shall convene a task team to provide the kind of invaluable assistance many have provided over the last few months. Once again, I thank you for this opportunity. I am sure we all look forward to the work in this House that we will now have to do as we enter a new phase of South Africa’s successful and purposeful economic transformation. Thank you. [Applause.]

Mr M J ELLIS: Mr Chairman, we have an arrangement with the Chief Whips’ Forum that when a Minister makes a statement to the House, that copies of that statement will be given to parties. I am not aware that this statement has yet been given to parties. I take this opportunity to ask the hon Minister if he would make it available to us.

The MINISTER OF TRADE AND INDUSTRY: Chair, it will be my pleasure as part of the empowerment of all parties. [Laughter.]

The CHAIRPERSON OF COMMITTEES: As agreed, parties will be afforded an opportunity to respond to the statement at a later stage.

                       WATER WEEK CELEBRATIONS

                        (Member's Statement)

Mr J F VAN WYK (ANC): Hon Chairperson, South Africa is celebrating National Water Week from 17 to 23 March 2003. The theme of this year’s celebration is: ``Water is our future’’. It is focused on promoting the protection of, and respect for, South Africa’s scarce water resources.

Apart from the various provincial activities, a number of events are also associated with this year’s National Water Week. The celebrations will also serve as the lauch of the United Nations’ ``International Year of Fresh Water’’ in our country. The third World Water Forum also takes place from 16-23 March, and our delegation, under the leadership of the Minister of Water Affairs and Forestry, the hon Ronnie Kasrils, is attending this important event.

Two national water award events will also be hosted during National Water Week. The Department of Water Affairs and Forestry in association with the Water Research Commission and the Water Institute of South Africa will present the Woman Water Award for the second time after its launch in 2002. The aim of the award is to recognise the role of professional and community- based women in the management of water in South Africa. The youth and water awards will also be launched this year to recognise the role of South African youth in promoting water, sanitation and hygiene.

Although the ANC has made significant progress in addressing the huge backlog in potable water supply, and has accelerated its delivery of sanitation over the past few years, there are still about 6 million people who are without safe and clean water, and about 18 million people without proper sanitation. The protection and wise use of our country’s water resources are necessary to prevent its pollution, and to make provision for the growing demand for it.

We, therefore, call on all South Africans, especially the youth …

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

Mr J F VAN WYK: Thank you very much, Chairperson. [Applause.]

                        ANTIRETROVIRAL DRUGS

                        (Member's Statement)

Mrs S V KALYAN (DA): Chairperson, the claim by the Minister of Finance, Trevor Manuel, that ``Aids drugs are a lot of voodoo’’ is further evidence of the Government’s grossly irresponsible approach to Aids. Phumelani Luthuli was wheelchair-bound and almost semiparalysed before he began antiretroviral treatment at the Ithemba LaBantu Clinic in Umlazi. Today he is mobile and active as a result of drugs funded by the Aids Health Care Foundation. His example adds to the enormous body of evidence that antiretroviral drugs restore health to people with Aids in a way that no other intervention, including nutrition, can.

The DA demands that the Government faces up to the calamity of Aids and make available to all South Africans the treatment that allows Phumelani to live a full and productive life. It is the right thing to do.

                  RELIEF OPERATION IN POST-WAR IRAQ

                        (Member's Statement)

Ms S A SEATON (IFP): Chairperson, it now appears that a war in Iraq is imminent and unavoidable. Regrettable as this may be, I believe that we should, at this point, focus our attention on a post-war Iraq. It seems certain that war in Iraq will lead to a large humanitarian crises. Many innocent civilians will probably lose their lives. The country’s critical infrastructure will be severely damaged, including possibly hospitals, water treatment facilities and so on.

Million of Iraqis will require assistance of some sort or another. Food, medicines, clothing, shelter and clean water would definitely be needed. We believe that as soon as the situation in Iraq is stabilised, a massive international humanitarian effort should be launched to help those injured or displaced by the war. Planning for that relief operation should start now. The IFP, therefore, calls on the South African Government to join the international community under the banner of the United Nations, and other relief agencies, in immediately launching a comprehensive humanitarian effort to assist Iraqis affected by the imminent war.

            KENYA'S ACHIEVEMENT IN THE CRICKET WORLD CUP

                        (Member's Statement)

Mr A MLANGENI (ANC): Comrade Chair, Kenya faces India in the semifinal of the Cricket World Cup. It is to be noted that this young Kenyan team has produced memorable performances during the Cricket World Cup competition thus far. We recognise that Kenya holds the only hope of Africa’s success in this competition. The achievement of Kenya in this competition is a matter of pride for Africa.

We congratulate Kenya on reaching the semifinal stage of this competition, and wish them the best of success in their semifinal encounter with India. We call on our youth throughout the continent to emulate these Kenyan athletes by registering significant victories in international sporting events. We also express the hope that the success story of Kenya will engender in our youth an interest and a will to succeed in the game of cricket and sport in general.

We further believe that these momentous achievements are a contribution towards a firmer Africa as a shining example to the rest of the world. This sporting achievement by the Kenyan cricketers is a meaningful contribution in the quest for an African Renaissance. [Time expired.] [Applause.]

         VIEW OF MINISTER OF FINANCE ON ANTIRETROVIRAL DRUGS

                        (Member's Statement)

Mrs S M CAMERER (DA): Chairperson, the Minister of Finance, who is generally quite sensible about things, seems to have lost his grip on reality when it comes to the provision of antiretroviral drugs to fellow South Africans who are HIV-positive or have Aids.

Yesterday he started jabbering that the drugs were voodoo medicine'' and described their effectiveness asbunkum’’. It was almost as if the hon Manto had cast a spell on him. Another sensible, even brilliant, South African, Judge Edwin Cameron of the Supreme Court of Appeal, has a different view. At his public interview as a candidate for appointment at the Judicial Services Commission a couple of years ago, he told us that he was gay, HIV-positive and that he had been kept alive, healthy and productive because of a cocktail of antiretroviral drugs that he took every day.

Judge Cameron did one of the most outstanding interviews that I have witnessed, and he is a brilliant judge who is making a lasting contribution to our law and our society. Without these ``voodoo medicines’’ he would be dead.

There are a lot of potential Judge Camerons out there, mostly young people, who will die prematurely if they cannot access these drugs. Judge Cameron gets a high salary and can afford to pay for the drugs himself. Most of them are poor and rely on the state to provide them.

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

Mrs S M CAMERER: I am amazed that the hon Minister is turning his back on his fellow South Africans in this way. [Time expired.]

    ABUSE OF BLACK ECONOMIC EMPOWERMENT TO OBTAIN MINING LICENCE

                        (Member's Statement)

Mr T ABRAHAMS (ANC): Hon Chair, one appreciates the urgent need for opportunities to be extended to historically disadvantaged South Africans, particularly in the mining industry.

In a reply received recently from the Deputy Minister of Minerals and Energy to a question which I put to the Minister in October last year, it is confirmed that mining licence number ML 1/2000, Permission to Mine Dune Sand on Lot 1197, was granted to a group whose members, and I quote, ``… can be classified as historicallly disadvantaged South Africans’’. We would normally celebrate such an action. However, it has become clear that realising her well-intended anxiety to make progress, others saw fit to misinform the Minister and to allow the concept of black economic empowerment to be abused.

It is firmly believed that political strings were pulled by well-off people at the expense of the local disadvantaged community. It has been confirmed that the land restitution claim was timeously submitted on the land in Macassar to which the mining licence is related. The claim has been on record since early 1996. Does this not warrant an investigation of the matter?

The CC members lost no time in commencing the mining activities. The housing department of the Western Cape, which is the registered owner of the land, was hastily persuaded to ignore the fact that the land is classified as agricultural. [Time expired.]

        POLICE UNCOVER BOEREMAG PLAN TO MURDER NELSON MANDELA

                        (Member's Statement)

Mr M S BOOI (ANC): Hon Chairperson, the work of the police to uncover the Boeremag plan to murder Nelson Mandela shows the extent to which the police are working - round the clock - to prevent the chaos that the Boeremag would like to create in this country.

The aim of these evil-minded persons is to take us back and create racial polarisation. I want to congratulate the Minister, the national Commissioner and the policemen and -women who are working day and night to trace these anarchists. Their backbone is broken, but people must be aware that these people will still be able to engage in isolated stupid activities. We hear that these people have a hit list of people and police officials they want to kill. Can the Minister really assure us that our people in the citizenship are protected?

                    GANGSTERISM ON THE CAPE FLATS

                        (Member's Statement)

Mr L M GREEN (ACDP): Chairperson, the recent violent deaths of Tyrone Steenkamp and Michaela Appolis made front-page news and robbed the community of Steenberg. The Mayor of Cape Town has reportedly called on the community to stand up against the gangs in our communities. Gangsterism is a plague on the Cape Flats that has been allowed to flourish unhindered. There is a war raging in our streets and the body count is mounting daily.

The safety and security of our communities is the prime responsibility of Government. The community should not live in constant fear and terror under the siege of rival gangs who have defined themselves by their actions and by inflicting pain and suffering upon the communities they come from. In many of our communities there is complete anarchy and disrespect for the law, so much so that large parts of the Cape Flats remain no-go arrears for policemen and law enforcement agencies.

The very nature of gangsterism and the problems it presents for the community means the Government should be prioritising this problem in its latest capacity budget allocation and resource distribution.

The Prevention of Organised Crime Act as it currently stands is also not enough as we need specific legislation to give both law enforcement agencies and the judiciary greater powers in outlawing gangsterism and enforcing such law with stiff sentences and penalties. I thank you.

                    DEVELOPMENT OF FILM INDUSTRY

                        (Member's Statement)

Mr P H K DITSHETELO (UCDP): Chairperson, our country is currently experiencing job losses as it would seem that the Government’s focus on job creation and prevention strategies is on the other sectors of our economy.

These sectors in question do not include strategies to create employment opportunities in the arts and culture sector, in particular, the film industry.

Despite its potential to attract direct foreign investment and stimulate our country, thereby creating jobs, we have not heard of any major programmes in this regard as far as this sector is concerned. If there are any plans, when will these plans be implemented?

                   OVERCROWDING IN PATENSIE PRISON

                        (Member's Statement)

Rev A D GOOSEN (ANC): Chair, I would like to bring to the attention of the House the state of overcrowding that exists in the Patensie Prison in Gamtoos Valley in the Eastern Cape.

During my recent visit to my constituency, I visited the prison to get to know the conditions that are prevailing there. I first met the prison authorities and I was told that the prison was 170% overcrowded and that they were expected to manage the overcrowded conditions as best they could. I was then accompanied to all the cells and what I saw shocked me. I counted no less than 80 inmates crammed into a cell.

I support the notion that offenders should be imprisoned, but the conditions under which they are incarcerated should help to rehabilitate them. The imprisonment of people who committed minor offences to a great extent exacerbates the conditions at the said prison. A way of bringing relief to the overcrowded conditions is to put these people under correctional supervision rather than for them to be imprisoned. This, I believe, will go a long way to relieving conditions in the prison.

I therefore call on the Minister of Correctional Services in conjunction with other relevant Ministries to seek ways to address this problem as a matter of urgency. The aim should be to eradicate overcrowding and improving conditions, not only in the Patensie Prison, but also in prisons throughout the country.

Lastly, I would like to have more information on the recently established task team dealing with overcrowding in prisons. I thank you.

             ZIMBABWE'S SUSPENSION FROM THE COMMONWEALTH

                        (Member's Statement) Mrs G M BORMAN (DA):  Chairperson, the  DA  supports  the  decision  of  the Councils of the Commonwealth to have Zimbabwe's suspension remain  in  place until December,  when  the  Commonwealth  Heads  of  Government  meeting  in Nigeria will review Zimbabwe's position.

Whilst President Thabo Mbeki and the South African Government continue with their quiet diplomacy, ordinary citizens who are exercising their right to peaceful demonstrations and strikes are being beaten up and put in jail. Women taking part in a peaceful demonstration to commemorate International Women’s Day, carrying placards denouncing abuse of human rights and the suffering they are subjected to as a result of food shortages, were violently attacked by riot police.

The Zimbabwe Standard reports that women, some of them carrying babies, were kicked and beaten with baton sticks, while a group of about five policemen took turns to beat an elderly woman as she lay on the ground pleading for mercy.

Yesterday the opposition, MDC, called for a national protest demanding an end to state repression, economic mismanagement and corruption. The MDC said in press advertisements that the majority of Zimbabweans are wallowing in poverty and more than 8 million people are staring death in the eyes.

According to a police spokesperson, 63 people were arrested. The DA calls on President Mbeki to change his stance on Mugabe in line with the Commonwealth ban. I thank you.

                          CRIME SYNDICATES

                        (Member's Statement)

Mr E T FERREIRA (IFP): Chair, a total of US$ 226 750, which is about R1,8 million in South African money, in counterfeit currency was confiscated in South Africa last year. We are now ranked seventh in the world in terms of producing counterfeit US banknotes. Internationally, we are also ranked high on fraud-related crimes and are seen as a major centre for drug- trafficking.

One of the reasons South Africa is being targeted as a crime base by international crime syndicates is as a result of our good economic infrastructure and banking system that we have in place. We cannot let criminals and the various international crime syndicates have their way and use our country as base from which to launch their criminal activities. Drastic steps have to be taken to stop the situation from getting worse than it already is.

The relevant authorities within South Africa therefore need to work together with the various international crime-fighting agencies and organisations to put an immediate stop to this criminal activity, and therefore also stop South Africa from fast becoming an international crime capital.

                          WOMEN IN SCIENCE

                        (Member's Statement)

Mr S L DITHEBE (ANC): Chairperson, on 7 March 2003, the Department of Science and Technology launched the South African Reference Group on Women in Science. The objective for this reference group is to address the inadequate involvement of women in science and technology.

It will play a key role in policy and strategy relating to women’s participation in science and technology - from their early subject choices in schools to the career obstacles they face in the science system.

On the same day the Department of Education also launched the Girls Education Movement. Central to the objectives of GEM is the encouragement of girls to get into careers that were traditionally meant for boys, with specific reference to science.

Chairperson, these are practical initiatives that seek to ensure that we respond appropriately to the fact that women constitute 52% of our country’s population and their effective participation in the economy will contribute very significantly, in our programme of united action, to push back the frontiers of poverty.

It would be appreciated, Chairperson, if the two Ministers could inform this House and the nation as to how they hope to co-ordinate and monitor these very important initiatives that have the potential to form the backbone of our country’s economy.

                      DA LEADER IN WESTERN CAPE

                        (Member's Statement)

Mr J DURAND (NNP): Thank you, Mr Chair. The NNP notes the profound statements by Theunis Botha, new DA leader in the Western Cape. Mr Botha said that the DA should not just be a party of criticism. He says co- operation with the ANC is going to be necessary and that the old DP ideology of being opposition has reached the ceiling.

Apart from his predictable criticism of the NNP leader to cover himself, he accused his own leader, Tony Leon, of being politically childish, referring to the way in which he dealt with the political fall-out between the DP and the NNP.

Mr Botha said he is equally sure that the DA must propagate more social democratic ideals, rather than just neo-liberal capitalistic ones. He also calls for more state intervention, and says the task is to create a culture of co-operation instead of just showing up the differences.

The NNP believes that Mr Botha’s statement serves as confirmation that under the poor leadership of the hon Leon, the DP/DA has become nothing more than a yapping chihuahua.

Mr Botha should, however, know by now that to criticise for the sake of criticising is the platform on which the DP/DA is built. His statements are another example of the deep divisions in the DA, and the lack of a common policy framework. Thank you.

The CHAIRPERSON OF COMMITTEES: Order! Does any Minister wish to respond to a statement directed at him or concerning …

An HON MEMBER: There are women Ministers present.

The CHAIRPERSON OF COMMITTEES: Sorry! … directed at him or her or concerning the Minister’s portfolio? I recognise the Minister of Trade and Industry, followed by the Minister of Sport and Recreation, followed by the Minister of Finance.

                    DEVELOPMENT OF FILM INDUSTRY
                        (Minister's Response)

The MINISTER OF TRADE AND INDUSTRY: Thank you, Chairperson. I would just like to inform the hon member who talked about film that it is not correct, there are a number of initiatives dealing with film and the development of film in South Africa. There’s a national film trust set up under Arts and Culture. We have a joined action group in DTI dealing with exports and promotion of film, and generally with media and visual media.

There’s a great deal that’s already happening. I’d advise the Minister … the hon member - maybe he’ll be a Minister one day - that next Wednesday we open the resource centre on the sixth floor of DTI. You’ll be able to go there and get assistance and go in and find all these programmes yourself; go back to your community and start a thriving film industry. Thank you very much.

                           KENYAN CRICKET

                        (Minister's Response)

The MINISTER OF SPORT AND RECREATION: Thank you very much, Deputy Chair. I would like to thank Mlangeni, although he didn’t finish his statement, for raising that important issue with regard to Kenya. I fully agree with him. I am sure the entire cricketing community are taking note of the brilliant feats by the Kenyans. Indeed, all of Africa can be proud of their achievements.

Although our own Proteas did not live up to expectations, Africa as a continent has been established as a leading light within world cricket.

I would like to remind hon members that Kenya has a long playing tradition in cricket, and as a country, our first contact with the Kenyans go back to

  1. Some of the people sitting on those benches don’t know that. Forty- seven years ago, when a Kenyan team toured here as guests of the nonracial South African Cricket Board of Control, Ellis was probably this high. Two years later we reciprocated by visiting Kenya under the leadership of Basil D’Oliveira, who was forced thereafter to play his cricket in England because of apartheid.

Therefore, I just wanted to say that we are all fighting for Kenya, in Kenya’s corner, that they be given cricket test-playing status. South Africa has raised that already, and we hope that within one year they’ll be able to be given that test status. Thank you very much.

                      DISPUTING OF MEDIA REPORT

                        (Minister's Response)

The MINISTER OF FINANCE: Thank you, Chairperson. The hon Kalyan and the hon Camerer are clearly speaking to something they read in the newspapers. The hon Camerer wasn’t here yesterday, but the hon Kalyan was. And how come she didn’t hear what I said? Because what I said was clearly not what the newspaper reported. What I said is contained in Hansard today, and because it’s in Hansard I think that both of their questions are in utmost bad faith in the way in which they were put.

Chairperson, the issue that I raised yesterday, as contained in Hansard, and I quote it again, ``I think that there is a lot of voodoo being spoken here by the likes of Smith,’’ is not the same as the headline in Business Day. So why do they get it so wrong? They get it so wrong, because they refuse to listen. [Interjections.]

The issues at play are that you require a complete regime of treatment, with the bulk of spending being on the prevention side, and clearly along the lines all the way through to the other end of the spectrum, which includes home-based care. That’s what I said yesterday; that’s what I say today; that’s what the GCIS put out today. As Government policy, it includes the provision of antiretrovirals, but it isn’t antiretovirals at the complete exclusion of everything else. To take that view is the bunkum I referred to yesterday, it’s the bunkum I referred to today, it’s the bunkum I’ll refer to tomorrow. I said you need a treatment regime that is medically appropriate and these hon members must please not mislead the House. Thank you. [Applause.]

                      GANGSTERISM ON CAPE FLATS

                        (Minister's Response)

The MINISTER FOR SAFETY AND SECURITY: I am sure the hon Green is aware of activities that are happening in the Cape Flats as we speak. I am sure he’s aware that there are quite a number of people who have been arrested as a result of those operations. I do also want to indicate that we discuss today how we take this programme further.

I was in a meeting where the Premier of the Western Cape, Mr Marthinus van Schalkwyk, was present, the MEC for Community Safety in the Western Cape, Leonard Ramatlakane, the Minister of Defence, the national Commissioner, and one of our deputy national commissioners, Commissioner Bruys. We had a meeting just before we came into the House today to discuss how we will take further our programme to deal with gangsterism on the Cape Flats.

The issue of urban terror in South Africa is a matter that worries us no end at Safety and Security, but we are not going to allow anyone to terrorise our people and members of the Boeremag know this. There is a case that is going to start - it must have already started today - on the 19th, no, 19 May, against members of the Boeremag that we arrested. We mounted an operation a few days ago on the basis of information we had, and, indeed, as a result of that information we found a hit list of people that they want to eliminate. I want to repeat what we said last year, that the safety and security of our people is at the core of the mandate that we have, and we are not going to allow anybody to threaten that safety and security of our people. It does not matter who they are, we will deal with them. [Applause.]

                       OVERCROWDING IN PRISONS

                        (Minister's Response)

The MINISTER OF CORRECTIONAL SERVICES: Thank you, Chairperson. Well, I must say that the concern raised by the hon member Rev Van Rooyen about overcrowding is a legitimate one, and he did bring this matter to my attention recently. I still owe him a status report on that, because that is part of his constituency - the prison he was talking about.

Currently, we are standing at prison capacity of about 110 000, and we have over 187 000 prisoners at the moment. We are overcrowded by about 76 000, and more than 57 000 of those are unsentenced prisoners. We can see that if we can get rid of that backlog, then we can have room for sentenced prisoners.

I must also say that overcrowding is a worldwide phenomenon, it is not really unique to South Africa; it’s a worldwide phenomena. It does also assess certain factors indicating trends of crime, the effectiveness of the police and so on.

Hon member Booi just said that they are happy about the effectiveness of the police. Now, the police arrest thousands of people, or criminals, on a weekend or in a few days in all the provinces, and the police service does not have prisons - they don’t run prisons. They send all these people to prisons. I spoke about more than 57 000 unsentenced prisoners, and that is the responsibility of the courts, and the courts don’t have prisons. They don’t run prisons. Those people stay in prison and await their court day while they are still in prison. This is a disconcerting feature of our prison system, the overcrowding, and it does a lot of harm to some of the prisoners.

     COMMENCEMENT OF CONSTITUTION OF SOUTH AFRICA AMENDMENT ACT
                           (Announcement)

The CHAIRPERSON OF COMMITTEES: Order! With reference to the Speaker’s earlier announcement concerning the implementation of the crossing-of-the- floor legislation, I can now announce that the President, by proclamation in the Gazette, has fixed 20 March 2003 as the date on which the Act comes into operation. The window period therefore commences at 00:00 on Friday 21 March 2003, that is immediately after midnight on Thursday night. Completed forms should not be presented until the window period has opened.

      APPOINTMENT OF COMMISSIONERS TO NATIONAL YOUTH COMMISSION

                         (Draft Resolution)

Ms E THABETHE: Chairperson, on behalf of the Chief Whip of the Majority Party, I move the draft resolution printed in his name on the Order Paper, as follows:

That, subject to the concurrence of the National Council of Provinces, the request from the Minister in The Presidency regarding the appointment of Commissioners to serve on the National Youth Commission - the term of office of the current commissioners comes to an end on 30 June 2003 - be referred to the Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons for consideration in terms of section 4 of the National Youth Commission Act, 1996 (Act No 19 of 1996), the Committee to report by 28 May 2003.

Agreed to.

             FOOD RELIEF ADJUSTMENTS APPROPRIATION BILL

                           (Introduction)

The MINISTER OF FINANCE: Chairperson, the 2002 adjustment estimates set aside R400 million for emergency food relief for vulnerable groups. The amount was not allocated at that time to any particular department because the department was still investigating appropriate interventions through a series of technical committees.

Now we are in a position to indicate that the Department of Social Development, for the current fiscal year, will receive R230 million for the provision of food parcels and starter packs. The Department of Foreign Affairs will receive a R170 million to assist with feeding under the World Food Programme in Southern Africa.

I hereby table the Food Relief Adjustments Appropriation Bill and an explanatory memorandum on the objects of the Bill.

Bill referred to the Portfolio Committee on Finance for consideration and report.

 GOLD AND FOREIGN EXCHANGE CONTINGENCY RESERVE ACCOUNT DEFRAYAL BILL

                           (Introduction)

The MINISTER OF FINANCE: Chairperson, I think that the Bill is incorrectly named on the Order Paper. It is the Gold and Foreign Exchange Contingency Reserve Account Defrayal Bill. There is no ``control’’ in the name. It’s not foreign exchange control. That is for the record.

Sections 25 to 27 of the South African Reserve Bank Act provide for the management by the Reserve Bank of a gold price adjustment account, a foreign exchange adjustment account and a forward exchange contracts adjustment account. Profits and losses arising are recorded on these accounts and accrue to the Government.

The South African Reserve Bank Act provides, in section 28, that the balances shall be transferred at the close of each financial year to the gold and foreign exchange contingency reserve account still managed by the Reserve Bank on behalf of the Treasury. Any debit balance is a loss for Government and shall be a charge against the National Revenue Fund.

The balance on this account on 31 March 2002 was a debit amount of R28,024 billion. This amount is subject to an audit investigation currently under way. The debit balance has accrued since 1995-96, when the account was last settled largely as a result of losses incurred in the bank’s forward exchange operations. At times the bank’s provision of forward exchange cover has exceeded its foreign assets by a wide margin, resulting in losses during the periods of rand depreciation. By agreement, the bank has steadily reduced this exposure in recent years. The net open forward position has declined from a high of R23,2 billion in 1998 to R1,500 billion rand billion as at 31 January this year.

In the context of this progress, the bank and the Treasury have agreed to settle the outstanding balance on the GFECRA, as we call the account, over a four-year period subject to the findings of the current audit investigation. An amount of R7 billion will be charged to the National Revenue Fund in the present fiscal year which ends on 31 March. An amount of R21,024 billion will be charged over the next three financial years. Parliamentary approval is accordingly sought as regards the defrayal of these losses on the gold and foreign exchange contingency reserve account as a direct charge against the National Revenue Fund.

I hereby table the Gold and Foreign Exchange Contingency Reserve Account Defrayal Bill and an explanatory memorandum on the objects of the Bill for consideration. [Applause.]

Bill referred to the Portfolio Committee on Finance for consideration and report.

            HUMAN RIGHTS AS A PILLAR FOR NATION-BUILDING
                      (Subject for Discussion)

Mr O BAPELA: Chairperson, once again we take the august podium to speak out on the tragedies that befell our country on 21 March 1961 at the township called Sharpeville east of Vanderbijlpark, when 69 people were shot dead with Sten and machine guns and hundreds more were maimed and injured for refusing to carry one piece of document called a dompass that degraded them as equal human beings. Theirs was a demand to be treated as humans and citizens in their country of birth. Theirs was indeed a fight for political freedom.

As we remember and celebrate the event, our thoughts go to the victims’ families, their communities in Sharpeville and Langa townships and to the nation as a whole. It was one of the many tragedies that characterised the type of society and divisions that we were living under, in the racially divided apartheid South Africa.

As I was preparing my speech, I stumbled upon a heap of information and documented history, press cuttings and polemics which described the said event. It was not only Sharpeville and Langa townships that were affected by such a calamity, but the country witnessed many more massacres of the same magnitude in later years and to mention a few: the 1976, June 16, students’ uprisings; the Uitenhage, Mamelodi, Alexandra, Boipatong, Umlazi, Gugulethu massacres, and the list goes on.

It was not only that, I also stumbled upon a list of deaths in detention and names such as Dr Neil Agget, Steven Bantu Biko, Edwin Cele, Ernest Moabi Dipale, Dr Hoosen Mia Haffejee, Nicodemus Kgoathe, Mathews Mabalane, Abdul Imam Haron, Lucky Kutumela, Phakamile Harry Mabija, Zungwane Jacob Mashabane, Caleb Mayekiso, Dumisane Mbatha, Joseph Mdluli, Manana Mgqweto, Eric Mntonga, Joseph Mogotsi, Mohapi Mapetla, Thabo Mosala, Peter Nchabeleng, Batwanda Ndondo, Lawrence Ndzanga, Saul Ndzumo, Andries Raditsila, Ahmed Timol and others.

It is to the memory of the Sharpeville victims, those who died in detention, those who were massacred or assassinated and others that we dedicated 21 March as Human Rights Day. I read the names deliberately to remind ourselves the long walk that we travelled to freedom and to indicate the nature of Draconian laws that violated human rights. We should not forget all those who were hanged, assassinated; those thousands who were detained without trial; those who perished on the battlefields and were buried in shallow or mass graves in some parts of our country; and the many millions of the masses who were subjected to the most degrading human conditions, disregarded as human beings, had their dignity stripped away and were without honour because they were regarded as commoners, subhuman and uncivilised.

We said at the time to those of our heroes who died in the struggle that ``their blood will nourish the tree of liberation.’’ Indeed the tree has been nourished and the dignity of our people is restored and our freedom is won.

In 1955 the ANC accelerated and championed the struggle for the restoration of human rights and freedom, and adopted the Freedom Charter, which declared for all our country and the world to know that our country would never be prosperous or free until all our people lived in brotherhood and sisterhood, enjoying equal rights and opportunities. I quote one of the clauses: ``All national groups shall have equal rights’’. That clause of the Freedom Charter continues to elaborate as follows:

There shall be equal status in the bodies of state, in the courts and in the schools for all groups and races.

Indeed, the ANC Government is achieving this noble goal.

All people shall have equal rights to use their own languages and to develop their own folk culture and customs.

The ANC Government is achieving that and all languages are now equal and are being developed further.

All national groups shall be protected by law against insults to their race and national pride.

We are doing exactly that under the ANC Government.

The preaching and practice of national, race or colour discrimination and contempt shall be a punishable crime.

We are indeed implementing that through our project of nonracialism and nation-building.

Our new Constitution expresses itself adequately on all the rights that we enjoy in a democratic society as enshrined in chapter 2 of the Bill of Rights. The opening phrase of the Bill says:

The Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all our people in our country and affirms the democratic values of our human dignity, equality and freedom.

Briefly, we have described those rights as equality; human dignity; the right to life; freedom and security of the person; an end to slavery, servitude and forced labour; right to privacy; freedom of religion, belief and opinion; freedom of expression, assembly, demonstration, picket and petition; freedom of association; political rights; citizenship; freedom of movement and residence; freedom of trade, occupation and profession; labour relations; environment; property; housing; health care, food, water and social security; children’s rights; education; culture and language; cultural, religious and linguistic communities; access to information; just administrative action; and access to courts. All these rights are being enjoyed by our people under the ANC Government. We call on our people to honour, respect and rise to the challenge, and also to note that all rights come with obligations.

We have even created bodies or institutions as directed by chapter 9 of the Constitution and should, however, move to establish a section 185 institution. That is the Commission for the Promotion and Protection of Rights of Cultural, Religious and Linguistic Communities. I received a report that preparations are at an advanced stage to establish the commission, which will further strengthen our resolve and guarantee our noble vision of nation-building.

Not everybody, however, is enjoying all their rights because they do not have all the means and are constrained by economic conditions and factors. We still have in our country blacks who are in the majority and poor, and whites who are few and rich because of the past unequal distribution of the country’s resources and wealth. I am aware that some members do not like this analogy, which is nothing else but the truth, because when the President presented this in the two-nation theory debate he was accused of being racist. We must, all of us, acknowledge the problems that we inherited as a country, tell the truth as it is and engage in finding solutions. The two-nation theory is there and we cannot hide it. It is not about racism, but a factual matter that the wealth of the country is in the hands of a few people.

I was born and grew up in a township called Alexandra. To date, I am still associated with this very poor community, which is situated north of Johannesburg, where people scavenge for food in dustbins, live in shacks and in overcrowded conditions and dwellings. Just next door, across the street, a three-minute drive from Alexandra, is the affluent Sandton, where the majority are white, rich and live lavishly.

Children in Alexandra and people of Alexandra aspire to live like those across the street. That street is the N1 freeway to Pretoria which divides the two places. They see a better life for which they can only wish and hope as the means to live that life are limited and constrained by many factors, most of which are not of their own creation. They wish they could also have houses with swimming pools, big yards, two or more vehicles outside their houses, the best shops, etc. As they wish for a better life and full rights, the community next door to them does not even care to help, support or uplift them in their hopes and wishes. The Government has allocated R1,3 billion to better the life of the people of Alexandra and to ensure that they also enjoy some of the full rights - economic and social rights - enjoyed by their counterparts. I wonder if the people of Sandton, with the exception of a few, ever think of reaching out as part of nation-building to those poor and hungry next door.

Nation-building is not only about equal rights or human rights, but it must be stretched to include economic and social rights. All national groups should reach out to the poor and not only pity them or derive joy from their state of poverty and only react by blaming or saying that the Government is not doing enough or that it does not care or deliver, whereas the record of delivery is visible for all to see. We must help the children of Alexandra and other parts of our country that are afflicted by poverty not only to aspire to certain things, but to make their dreams possible. The Government is contributing to this nation-building.

The ANC, at its Stellenbosch national conference, recommitted itself to our strategic objective goal of reconstruction and development for the eradication of the legacy of colonialism and apartheid. It indicated the tasks that we have to accomplish to reach this strategic goal and see our people enjoying their full rights.

The 8 January ANC statement says and I quote:

When our people attained their freedom in 1994, they inherited a country with millions of people afflicted by poverty. These masses had fought both for their emancipation from oppression and their liberation from poverty.

Among other things, the Stellenbosch declaration which was adopted by the 51st national conference of the ANC said;

… recognising that these efforts directed at reconstruction and development cannot bear fruit if carried by Government and the ANC alone.

The conference reiterated the position of the ANC that is to build strong links with community organisations, trade unions, religious bodies, business organisations, women, youth structures as well as other organisations in order to ensure that, in actual practice, South Africans act as their own liberators. This is a call for the mobilisation and strengthening of a broad front for construction and development, that we must act together as a nation to achieve our strategic goal.

The ANC has always been guided by the noble revolutionary ideals, objectives and a vision of a united, nonracial, nonsexist and democratic society. This is the principle that guides the ANC in the nation-building project. However, nation-building involves other strategic goals and objectives such as reconstruction and development. Central to this is the eradication of poverty, and dealing with the eradication of the legacy of colonialism and apartheid. Nation-buildng is about the building of a prosperous South Africa and improving our people’s lives for the better.

In conclusion I would like to say, yes, human rights are indeed one of the pillars of nation-building. Nonracialism, nonsexism, united democracy, eradication of poverty, building a prosperous country and reconstruction and development are some of the pillars. South Africa’s good standing and record on human rights in the world should and must be upheld. We are the shining example. We are the exemplary and we are the envy of other nations in the world. As the former President, Nelson Mandela, once said when the new South African Constitution was launched:

Never again and never again shall we as South Africans witness such a calamity as happened in Sharpeville and other parts of our country.

[Applause.]

Mr W J SEREMANE: Chairperson, by way of remarking, let me just express the hope that this subject - human rights - is not accorded the status of a Cinderella deserving nocturnal attention only.

Mr M J ELLIS: Chairperson, on a pretty serious point of order: When the hon member Mr Seremane stood up to speak, somebody said ``die baas se boy’’. Now that is absolutely unparliamentary. I would ask you to try to find out exactly who said it and ensure that that person at least withdraws that statement.

The CHAIRPERSON OF COMMITTEES: Order! Did any member make that statement?

An HON MEMBER: Too cowardly to admit it! Coward!

The CHAIRPERSON OF COMMITTEES: Order! Since nobody is prepared to own up, I will appeal to members that, firstly, this is a very serious debate. Secondly, there is a lot of movement in the House and a great deal of loud conversation in the House and I did hear something, although it was not clearly audible from here, there was something said to that effect. [Interjections.] I would like to ask that members refrain from using that language when hon members approach the podium. Can we all settle down, have some order in the House and continue with what is a very serious debate before us.

Mr M J ELLIS: Chairperson, I am told - and I do not know this for a fact - that it might have been the hon Mr Danny Oliphant who said this. [Interjections.]

The CHAIRPERSON OF COMMITTEES: Order! Mr Ellis, we did ask the House and since there was no response, I think we have to leave the matter where it is. We will proceed with the debate.

Mr W J SEREMANE: Chairperson, I hope I will have my time back. Secondly, let me help this House. I am not perturbed by such petty nonsense. I am sure your track record will prove you the boss or the boy. I am not worried about that. [Interjections.] It is like a serial killer calling me a murderer.

We are gathered here under the dark cloud of imminent war in Iraq and conflicts in other parts of the world, including various regions on our continent of Africa. Perhaps South Africa is also under pressure by some kind of low-intensity war due to social maladies such as, amongst others, crime and pandemic decimation and ailments such as HIV/Aids. The nation and nations are under threat, so to speak.

Systems of government, including the world order, let alone nations per se, have to accept the fact that their greatest resources and assets are nothing less than the human being - the citizen. Each and every individual deserves their rights to be respected, upheld and protected.

As we approach Human Rights Day, we must also remember that it is not an occasion only for making whoopee, but an opportunity and space so created by our Constitution to reflect on our performance as state, government and as citizens.

In short, what is the state of our human rights culture, cutting across the socio-political and economic spectrum? Are the pillars, which is human rights, for nation-building sound and intact? What is our collective contribution towards building and maintaining a healthy culture of human rights to serve as a pillar of nation-building? The challenge becomes even more acute when directed to each individual of the collective.

The individual and the collective have to recognise certain truths if human rights should serve as a reliable and enduring pillar of nation-building. These truths are nothing short of the fact that human rights are indivisible and that such rights need to be unflinchingly upheld and protected. Human rights cease to be if they are not written on the hearts and minds of women and men alike. Constitutions, human rights charters and so on are not enough on their own. Without their embracement by the citizens and as part of a human culture, or fabric of society, human rights are as good as a mirage in the desert.

Practice of these truths, more than the self-righteous rhetoric, is what counts. These tenets, like justice, must be seen to be done at all levels and institutions of society. Can we, all of us, especially you, the people on my right, who claim to be conscious of these rights and accord these same rights, protected by our Constitution, to all and sundry? Why must those with dissenting views be demonised?

You here on my right always purport to be upholders of human rights. Yet you are so insensitive and intolerant of different views, and of beliefs other than yours. You seeem to have made an addendum to the maxim motho ke motho ka batho'' [a person is a person because of others]. Your addendum and addition seems to befela ga ele waetsho’’ or ``only when you are one of us”; only when you are of our belief systems; only when you are one of the crowd.

This mindset of treating others as pariahs can never be of any help towards building a culture of human rights to serve as a pillar of nation-building. Mark you, your own Freedom Charter has rightly declared that South Africa belongs to all who live in it, disregarding race, colour, creed or gender. [Interjections.] The Constitution enshrines the freedoms of expression, the freedoms of belief and the freedom of association. Those are the elements of human rights. Now’s the time to walk the talk.

Considering the escalation of crime, child and women abuse, one cannot wonder if enough is being done to foster and build a culture of human rights. The adage ``umntu ngumntu nga bantu’’ [a person is a person because of others] undergirds the meaning of a human rights culture. You cannot be when you do not recognise and do not respect the rights of other people. [Applause.] If you are so unwilling to recognise, respect, uphold and accord other people’s rights, then you are nothing but very hypocritical. Moral regeneration cannot be of much worth if the mindset of the citizens runs counter to the culture of human rights.

Reflecting on the current threat of war, one is also reminded of the abuse of children as child soldiers. Charity beginning at home, we cannot turn a blind eye to what is happening in some of our African states, involving children in warfare. Such practice is nothing but a gross violation of human rights. It is just as bad, if I am to remind you, as necklacing your opponents or burning railway stations and infrastructure simply on the basis of wanting to display your disagreement. Respect for human rights can only but bolster the concept of the sanctity of life and the respect of both public and private property.

All our programmes, including programme implementation have to be rights- driven. That is, they should be viewed from a human rights perspective. That leads us to one crucial area, that of food security. The preamble to the Universal Declaration of Human Rights of 1948 states, and I quote:

… the recognition of the inherent dignity and the equal inalienable rights of all members of the human family.

Article 25.1 deals specifically with the issue of access to food and adequate nutrition. The foregoing is true and necessary to note, because the implications of malnutrition are ghastly. They range from brain damage and stunted growth to reduced mental capacity.

I do not doubt that human rights can be a viable and achievable nation- building block and pillar. For that reason, human rights teaching and creating a culture human rights need to find a place in our school curricula and institutions of learning. This is much better and more responsible than giving prominence to target shooting and glorifying guns amongst learners. Violence begets violence. In such a climate of violence, human rights and the sanctity of life become the casualties.

When the chips are down, humankind is quick to declare that human rights issues are complex. If that be the case, then grasp this, complex as it is. Let me quickly quote what Roosevelt said:

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

Mr W T SEREMANE:

Unless these rights have meaning here, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.

[Applause.] The CHAIRPERSON OF COMMITTEES: Order! Hon member, your time had expired.

Ms S C VOS: Chairperson, the IFP has no doubt that, since the advent of our democracy in 1994, we have much about which we can be proud as we have striven to inculcate a culture of respect for human rights in our country and indeed throughout Africa.

As we rightly focus on our strengths in this regard we must look too at our failures and ask ourselves what more we can do. How can we make sure that these so-called human rights pillars sit on a very solid foundation within our nation and are not just magnificent ideals embedded in our Constitution? How can we ensure that these pillars are not eroded and so undermined that they eventually collapse?

This discussion today necessitates reflection. For instance, have we not failed those exquisite children who have been so brutally murdered by ongoing and rampant warfare in our townships? The hon Louis Green - I do not see him here now - in his statement to this House today correctly articulated the horror of gang warfare and activity in our townships and the inadequacy of our existing laws to address this issue. Have we not failed these grieving parents and have we not failed all the victims of the ruthless criminals who continue to terrorise our citizens? Have we not also failed the criminals themselves, many of whom appear to be totally dehumanised.

Day after day, we are confronted with the facts relating to their ongoing barbarous acts of savage cruelty. We are faced with the rape of women and children, murder and mayhem in our villages, towns and cities. We must now surely ask ourselves why we have failed to as yet effectively expose these fellow damaged citizens to constructive alternatives to their present lifestyles and why they are not continually at the receiving end of tough policies and programmes which can attempt to achieve this goal.

For instance, my research for this discussion has revealed information that there are an estimated 300 gangs infesting the communities on the Cape Flats. In Lavender Hill, it is reported that the field near the community centre is called the battlefield, a neutral patch of turf where people die. So perhaps it is time that we outlawed gangs and persons being members of gangs and that we consider researching similar laws enacted in America and elsewhere. I am referring here, by way of example, to the so-called United States Federal ``Rico’’ criminal statute, which was specifically designed to punish criminal activities by business enterprises.

The IFP would like this Government to investigate the feasibility of enacting legislation specifically dealing with this kind of organised crime and criminal conspiracy. Surely we must now consider criminalising gang activity and membership and not just wait, as we have to do now, for these gangs to actually commit their crimes before we can lawfully take action.

Is it not time we actually really started to think about finding persons guilty by association? What has this got to do with human rights, people will say. Well, just ask the grieving parents on the Cape Flats.

As we serve in this Government, we must accept some of the blame for the suffering which continues in our communities. It is good that this discussion can hopefully focus our minds more clearly on the work ahead for us. Respect for human rights is indeed a pillar for nation-building. At the core of our nation are our diverse communities.

The IFP has attempted to look at one such community in this debate, hence our reference to the suffering of the citizens on the Cape Flats and the denial of their human rights by the gangs in their townships.

But, there is also another aspect relating to the human rights of persons who choose, for instance, to live within and align themselves to traditional community structures and their leaderships. As this Government enacts laws for our society as a whole, we once again plead that there is understanding and sensitivity to the human rights of these citizens and an acknowledgement that these communities within themselves constitute veritable pillars of our nationhood.

In our desire to make us all equal and to pursue perceptions of how to enable the attainment of these human rights, the very equality and freedoms these persons enjoy now within these traditional communities may be denied them by our actions. You are well aware of the issues about which I am referring. Thank you. Mrs S M CAMERER: Chairperson, there should be only one focus for this year’s Human Rights Day and that is the sustained wholesale shocking violation of human rights and the rule of law by our northern neighbour, Zimbabwe. All the fundamental human rights that we South Africans hold dear as the pillars for nation-building - as indicated by the hon Bapela - the right to freedom and security of the person; freedom of the media; the right to assemble and demonstrate; the freedom to make political choices; the right to a fair trial; the right to life itself - are being systematically violated on a daily basis by President Robert Mugabe and his government and have been for months on end on a huge and terrific scale, and yet our leaders, and we as Parliament, have failed to condemn what is happening and demand that these violations cease. We have in fact failed to do anything at all, Chairperson. I believe it is time for this Parliament to wake from its slumber on Zimbabwe.

Madam Speaker, who has shown an admirable independence of mind lately, should send a delegation on a fact-finding mission to establish for ourselves the extent of these human rights abuses by speaking to our counterparts from all political parties in Zimbabwe and to all relevant institutions such as the judiciary, government and society. We cannot sit idly by. We cannot continue like this as this catastrophe unfolds. Thank goodness civil society is beginning to make its voice heard. Brave Zimbabwean cricketer Henry Olonga retired from international cricket this week to make the point. He said:

I would be condoning the grotesque human rights violations that have been perpetrated and continue to be perpetrated against my fellow countrymen.

Archbishop Njongonkulu Ndungane has become involved in what he calls ``the humanitarian crisis’’ in Zimbabwe specifically because of the way the food distribution has been politically manipulated by ZANU-PF. Nearly every South African editorial writer, black and white, has condemned our Government’s failure to intervene in any way.

While we as Parliament blithely continue to ignore the human rights crisis in Zimbabwe, and its consequences, the United Nations Human Rights Commission, meeting in Geneva this week, will be seized of the matter. A 16- page document just compiled by the United States State Department and launched in Washington last week, blaming Mugabe and his government for the humanitarian crisis in Zimbabwe, is being tabled at that meeting.

It states among other things that Zimbabwe is in crisis, that half the population is facing the threat of famine; that up to 2 million Zimbabweans have been displaced; that 80% of adults are unemployed; that the rule of law has been replaced by the arbitrary and brutal rule of a self-appointed elite. The document fingers the true roots of the crisis as Mugabe and his colleagues in ZANU-PF, who have placed themselves above the law; who have prospered while 7 million of their compatriots have reached the brink of starvation; who have enriched themselves while 400 000 of their fellow Zimbabweans have lost their jobs.

The document charges that Zimbabweans, whether from civil society or the political opposition, who have spoken out against the regime have faced murder, detention, torture and harassment at the hands of a brutal system of state repression. It goes on to declare oppression of the media; oppression of political parties; the wrecking of the rural economy and the brutal diversion of food assistance as the causes of the crisis. Oppression and the denial of human rights have gone hand in hand with economic collapse. Comparative statistics of the past ten years graphically depict the decline and fall of Zimbabwe. In 1992 unemployment was at 35%. Today it is 80%. In 1992, 2,5 Zim dollars could buy a US dollar. Today it is 1 300 Zim dollars. Seventy-five percent of Zimbabweans live in poverty; 7,2 million face starvation. With inflation running at 200% food production has declined by 85%, per capita income by 50%.

With the economy collapsing there are 100 000 economic refugees a month, most of whom are coming to South Africa at a rate of 3 000 a day, some estimate. This is a huge extra burden for our country. We must get involved in this crisis.

The United States State Department Research Paper is supported by recent research of Unicef which makes clear that the main victims of these human rights abuses are women and children. Unicef blames specifically the fast- track land settlement programme as the leading cause of the Zimbabwean economic decline.

Against all the evidence our ANC-led Government has refused to raise a voice of protest against these human rights abuses and their appalling consequences. A presidential election which the whole world now knows was rigged to the extent of at least one million phantom votes was endorsed as free and fair by a parliamentary delegation from South Africa led by - guess who - none other than the hon or ex-hon Tony Yengeni, and we all know that he can be bought. Incomprehensibly, the alleged main election rigger, Emerson Manangagwa, was given a hero’s welcome at the ANC’s congress in December. [Time expired.] [Applause.]

The CHAIRPERSON OF COMMITTEES: The hon Madikiza will be making his maiden speech.

Mr G T MADIKIZA: Mr Chair and hon members, at the outset I wish to extend a special word of appreciation to the members and staff of the Truth and Reconciliation Commission. The task was huge and the emotional burden immense, but overall the TRC has fulfilled its duties.

The stagnation of the reparation process as a feature of reconciliation is a matter for serious concern which needs to be dealt with as urgently as possible. Today we remember the millions who suffered human rights abuses under the previous dispensation. We remember their suffering not only with a sense of sadness, but also with an overwhelming pride and joy that since 1994 we can claim that we are free at last. It is a bittersweet day.

Human rights has many aspects. Today, I wish to highlight two aspects, namely, the rights of women and the issue of morality in Government. On the issue of women’s rights as an important feature of human rights, Amnesty International reminds us that more women and girls die each day because of various forms of gender-based discrimination than as a result of any other type of human rights abuse.

In the world, 110 million school-aged children, of whom two-thirds are girls, still do not have access to education. Over 800 million adults, of whom 60% are women, are illiterate. In South Africa too the harsh reality is that women suffer proportionally more human rights neglect and abuse. In employment, education and domestic security, the vast majority of marginalised people are women. Government and indeed all of us as individuals and in communities have a central role in promoting the human rights culture in society. These rights are enshrined in the Constitution.

Mr Chair, in conclusion, the UDM salutes the millions of South Africans who respect human rights and who affirm on a daily basis the democratic values of human dignity, equality and freedom. The lesson we have learned from the events on this day 43 years ago in Sharpeville is that injustice will not disappear of its own accord. It takes courage to stand up, sometimes at great personal cost, to face and fight it. I thank you. [Applause.]

Mr S N SWART: Chairperson, may I congratulate my colleague on his maiden speech today.

Chairperson, there is no doubt that our Constitution and the Bill of Rights have played an important role in our nation-building. Coming from a past characterised by division and racism, the role of human rights in restoring dignity and equality cannot be overemphasised.

The question arises, however, whether every right contained in the Bill of Rights accurately reflects the morals and values of our society. Can we in all sincerity be proud of a Bill of Rights that does not protect the right of life of the unborn, whilst protecting the right to life of murderers and child rapists? If we have one of the most advanced constitutions in the world, protecting fundamental human rights, why do the majority of our people feel unsafe and threatened in their homes? Why are our children being shot in the streets and so many people facing poverty and starvation? Why is antiretroviral treatment for HIV/Aids not being rolled out in accordance with the Constitutional Court order?

A further question relates to the role of the Constitutional Court when interpreting the values enshrined in the Constitution and how legitimacy is maintained, particularly when dealing with national moral issues. Few would disagree that the judgment prohibiting the death penalty remains one of the most unpopular decisions of the Constitutional Court. It is crucial that the court be sensitive to public opinion to retain public support for the exercise of its power, failing which it may lose legitimacy as an institution of South African public life.

Judges who reject public opinion, particularly when dealing with national moral issues, may be faced with the dilemma of counter-majoritarianism. According to Judge Dennis Davis, constitutional review is conducted by unelected judges who are empowered to overturn the will of a democratically elected and accountable legislature in terms of a process of interpreting abstract constitutional provisions. In short, the question arises as to how to account for and justify the curtailment of the operation of a democratic political system to an unaccountable institution.

How can we have a moral regeneration in a climate of moral relativism? Today the battle to build South Africa is not only physical, but also moral. Unless a sufficient number of pro-moral South Africans acknowledge that fact and are willing to engage in nation-building on a basis of common moral conviction, we will not be able to meet the challenges facing us such as HIV/Aids, rampant crime and corruption, and extreme poverty and starvation.

Whilst we as the ACDP are compelled to cry out against abortion, homosexuality, prostitution, pornography and other vices, we must also reach out loving arms to unwed mothers, Aids patients and orphans, divorced partners and children being raised by one parent. If pro-moral leaders of all religious persuasions stand together as fellow South Africans concerned with the preservation of the family and moral decency, we can, with God’s help, succeed in nation-building. I thank you

Nk P N MNANDI: Sihlalo, Phini likaNgqongqoshe, bahlonishwa, Maqabane nezihlobo, mangivule inkulumo yami ngokucaphuna isingeniso emQulwini weNkululeko yeZwe.

Ngonyaka ka-1955 abantu baseNingizimu Afrika bathi:

Umhlaba wonke mawazi ukuthi uMzansi Afrika ungowabo bonke abantu abakhe kuwo, abamnyama nabamhlophe. Akunahulumeni ongaziqhwagela umbuso ngaphandle kokuthi akhethwe ngentando yeningi.

Abantu bakithi baphucwa amalungelo abo okuzalwa kuleli zwe. Baphucwa inkululeko noxolo. Baphucwa nguhulumeni wezinswelaboya owawakhelwe phezu kwesisekelo esingalungile nesingalingani. Izwe lakithi ngeke lize lithuthuke noma likhululeke ngaphandle kokuthi bonke abantu bakithi bahlale ngokuzwana, bathole amalungelo namathuba afanayo.

Umbuso wabantu weqiniso nosekelwe yintando yeningi kuphela ongavikela amalungelo abo okuzalwa. Ngakho thina bantu baseMzansi Afrika, singabamnyama nabamhlophe, siyafunga siyagomela ukuthi sizokwenza ngawo onke amandla ethu futhi angeke siphumule zingakafezeki lezi zinhloso.

Basho njalo abantu baseNingizimu Afrika ngonyaka ka-1955 lapho bebhala uMqulu weZwe. Phila ingunaphakade Mqulu weNkululeko yezwe!

Uma ngikhuluma ngokuthi amalungelo abantu ayisisekelo sokwakha isizwe, asikwazi ukungakhulumi ngamalungelo abantu besifazane ikakhulukazi labo abahlala ezindaweni ezisemakhaya. UKhongolose uyakholelwa kakhulu ukuthi amalungelo abantu besifazane ayingxenye enkulu yamalungelo esintu sonkana. Lo Hulumeni oholwa nguKhongolose akananazi ngokuthi ngeke nje aze aphumule bengakakhululeki abantu besifazane bakuleli zwe ngokuphelele.

Bakwethu, masiqale ngalokhu! Konje yayinjani impilo yabantu besifazane basemakhaya ngaphansi kukahulumeni wobandlululo na? Abantu besifazane basemakhaya babengenamalungelo, babengenalutho futhi babephila ngaphansi kobugqila obuphindaphindiwe. Babezibonela kuhle kwechwane lenyoka. Izidingongqangi ezifana namanzi ahlanzekile, ugesi, izingcingo nokunye kwakungabasemzini. Lihle iqiniso, amalungelo abantu besifazane ayangekho nhlobo ohlwini lukahulumeni wobandlululo.

Ngingebuthethe ubulandu ngoba angiganisi. Ngonyaka ka-1994 lagaya ngomunye umhlathi kuleli zwe. Imbokodo kamagayise yazifikela qathatha kule Ndlu. UKhongolose wathatha amalungelo abantu besifazane wawenza undabamlonyeni. Imithetho yashintshwa ngokushesha okukhulu. [Ihlombe.] Kuningi kakhulu uKhongolose asekwenzile ukuze kubuye isithunzi sabantu besifazane lapha eNingizimu Afrika nase-Afrika yonkana.

Kumanje nje ukuthuthukiswa kwezindawo zasemakhaya kuhamba phambili. Ngikhuluma nje u-Eskom unemizi engangezigidi ezingu-1,5 nento asezifake ugesi emizini yasemakhaya. Omama nabantwana abasayi ukuyotheza. UmNyango wezeMpilo usuwakhe imitholampilo engama-700 ezindaweni zasemakhaya nje kuphela. Ezindaweni eziningi amanzi angenile. Kuthe lapho abantu bebhuqwabhuqwa isifo sohudo, sambona uNgqongqoshe wezeMpilo ephuma engena waze wafaka ngisho nezindlu zangasese imbala.

Ukondliwa kwabantwana kubanikile omama basemakhaya ithuba lokuphefumula. Kwakhiwe imigwaqo yetiyela, izikhungo zokudayisa, kwathi nesithembu senziwa saba semthethweni naso. Lolu hlu lude kakhulu, ngingeze ngaluqedela lapha njengamanje. Kuthe sinomkhankaso ngakithi, eMkhambathini sihamba sizwa uvo lwabantu ngoba phela lapha kwaKhongolose sinosiko lokuya ebantwini asizwa ngamaphepha ukuthi abantu bathini, safika emzini womunye ugogo wathi kithi, `hawu bantwana bami, ningibongele kuMamlambo ngoba namhlanje sengiyakwazi ukuya odongeni, ngiciphaze imbungulu kukhanye bha endlini. [Ihlombe.] Amehlo agcwala izinyembezi kithi. Sawubona umahluko.

Yebo, mkhulu umahluko olethwe nguKhongolose ekuguquleni izimpilo zabantu besifazane ezindaweni zasemakhaya, kodwa asiphiki futhi ukuthi kusekude phambili, siyavuma. Kulesi sikhashana uKhongolose ephethe izintambo zombuso, umahluko osube khona mkhulu kakhulu. UKhongolose uzolokhu eshabasheke njalo. Masibonge kuMaMsane. Yebo, bekumnandi ukubona abantu besifazane emadolobheni bethola amalungelo omhlaba ubuthaphuthaphu, kodwa abesifazane basemakhaya bona bebesancela isithupha. Amalungelo omhlaba kubo do.

Siyabonga bakwethu. Nanku umthetho wamalungelo omhlaba usezithebeni. Bazohlomula kakhulu abantu besifazane basemakhaya ngalo mthetho. Kumanje nje bawubheke ngamehlo abomvu. Okunye okubuhlungu kakhulu ukuthi kusamfimfa kakhulu ukubhekelwa kwabantu besifazane abakhubazekile ezindaweni zasemakhaya. Nabo mababhekelwe ngokupheleleyo. Sihlaba umkhosi kubantu besifazane basemakhaya ukuthi nabo mabasukume babambisane noHulumeni ekulweleni amalungelo abo. La malungelo azatshalazelwa athengwa ngegazi lamaqhawe namaqhawekazi omzabalazo.

Sengivala, ngoLwesihlanu lapha eNingizimu Afrika sizobe sigubha Usuku lwamaLungelo Abantu. Kubuhlungu kakhulu ukucabanga ukuthi abesifazane nezingane zase-Iraq bazobe bevika ombayimbayi nezinhlamvu zezibhamu zamaMelika.

UBush has gone back to the bush. [Applause.] (Translation of Zulu speech follows.)

[Mrs P N MNANDI: Chairperson, Deputy Minister, hon comrades and relatives, I would like to introduce my speech by quoting the introduction of the National Freedom Charter. In 1955, the people of South Africa said:

The whole world must know that South Africa belongs to everyone who lives in it, whites and blacks. There is no government who can put itself into power without being chosen democratically.

Our people were deprived of their birthright in this country. They were deprived of their freedom and peace. They were deprived by a rude government which was built on the basis of wrongness and inequality.

Our country will neither develop nor be liberated until all our people live in harmony, and receive equal rights and opportunities.

It is only a true people’s government, which is based on democracy, that can protect people’s birthright. Therefore, we people of South Africa, black and white, hereby swear that we will do everything in our power and that we will not stop until we achieve these objectives.

That is what the people of South Africa said in 1955 when they wrote the national Freedom Charter. Long live the national Freedom Charter!

When we talk about the fact that rights are the basis upon which the nation can be built, we exclude women’s rights, especially the rights of rural women. The ANC strongly believes that women’s rights are a major part of human rights as a whole. This ANC-led Government has no doubt that it will not rest until women are fully liberated in this country.

Good people, let us start with this! How were the lives of rural women during the apartheid era? Rural women did not have rights. They did not have anything and they lived under a severe form of slavery. They had to look after themselves. Basic needs like clean water, electricity, telephones and many other things were not available to them. Telling the truth is a good thing. Women’s rights were not on the list of the apartheid government.

I do not want to talk too much. In 1994 things changed in this country. Women represented themselves in this House. The ANC put the women’s rights issue on the table for discussion. Laws were quickly changed. [Applause.] There are a lot of things that the ANC has done to return the status of women in South Africa and in the whole of Africa.

Now the development of the rural areas is at the top of the list. As I am talking, Eskom has put electricity in more than 1,5 million households. Women and children do not have to go into the bushes to collect wood. The Department of Health has built about 700 clinics in the rural areas alone. Water has been supplied in many areas. When people were greatly affected by cholera, we saw the Minister of Health visiting many areas and installing toilets.

The child-support grants have given women some relief. Tar roads have been built. Street tables for selling have been installed, and polygamy has been legalised. This is a very long list and I cannot mention all the things here now. When we had a campaign in the Mkhambathini area, were I come from, we tried to get the people’s views, because here in the ANC, we have a culture of going to the people. We do not rely on newspapers. We went to the homestead of a certain old lady and she said: ``Hey, my children, pass on my regards to MaMlambo because today I can go to the wall and press a button and the light comes on in the house.’’ [Applause.]

Our eyes were full of tears. We saw the difference.

Yes, there is a big difference which the ANC has made in changing women’s lives in the rural areas. But we do not deny that there is still a long way to go. In this short period since the ANC has come to power, a big difference has been noticed. The ANC will always continue to do this.

We should thank MaMsane. Yes, it was nice to see women in urban areas getting their land rights everywhere. But the rural women still do not have land rights.

Thank you, good people. Today the Bill on land rights is on the Table. Rural women will greatly benefit from this Bill. At the moment they are anxiously waiting for it. Another painful thing is that nothing has been done towards caring for the rural women with disabilities. They too must be fully taken care of. We invite rural women to stand up and work together with the Government in fighting for their rights. These rights were fought for with the blood of the heroes and heroines of the struggle.

In conclusion, on Friday here in South Africa, we will be celebrating Human Rights Day. It is very painful to think that women and children in Iraq will be avoiding trucks full of soldiers and the bullets of the Americans. [Applause.]]

Mr P H K DITSHETELO: Chairperson, as we are about to celebrate Human Rights Day, we are also reminded of our past and present situation. It has to be emphasised that we are observing Human Rights Day within a context of a society in transit. We are therefore challenged to put aside our party- political differences if we are serious about nation-building.

To build a nation is not an overnight thing, nor is there a short-cut to it. It involves sustained commitment and sacrifice. Yes, our past as a country is ugly. We have emerged from a severely divided society, but today we are a proud nation as a result of how we managed to overcome adversity to build the country and set it on a new course. The democratic institutions we have bear hallmark to the nature of our society.

Above all we have a Constitution that is underpinned by human rights, values and principles. There is no doubt that it has become the envy of many nations across the world. It is in this Constitution that our destiny is collectively mapped out as a nation.

What do we mean when we say that human rights are pillars of nation- building? We are simply saying and asserting that human rights have to be recognised and respected as such as a first step of our foundation to building a strong and prosperous nation. Human rights are inextricably linked to the living conditions of our people in terms of whether the national resources are equitably distributed for their benefit. It is on this basis that the enrichment of human rights should precede nation- building.

In reality, it is difficult, if not impossible, to establish a coherent nation if the people are not united in common objectives irrespective of their ethnic or cultural background. Therefore, the practice of human rights provides the necessary foundation to initiate a nation-building process. We have to caution that the existence of mere rights is no guarantee that nation-building will occur if these rights are not contextualised.

We are therefore challenged to translate these rights into something meaningful or concrete for our people. Human rights mean different things to different people. It is on this basis that rights become a pillar of nation-building because of their broader appeal in terms of different expectations. For example how do we empower our people to exercise their economic rights? [Applause.] [Time expired.]

Dr M S MOGOBA: Deputy Chair, 21 March, which the PAC has called ``Sharpeville Day’’ for many years, and which the United Nations recognised as the International Day for the Elimination of Racial Discrimination, might never have happened if the oppressed and dispossessed people of our country listened to pessimists and doubting Thomases of the liberation struggle. Fortunately, they listened to the call of the PAC and a unique history was made. It is a history written with blood. That history cannot be erased.

The PAC Positive Action Campaign against pass laws, which had enslaved the African people of this country internationalised apartheid and contributed several conventions to international law, including the International Convention on the Suppression and Punishment of the Crime of Apartheid, through which the UN declared apartheid a crime against humanity.

Writing about the Sharpeville uprising, the renowned revolutionary and writer of The Wretched of the Earth, Frantz Fanon, said: The seven days that shook South Africa and the entire world from March 21st this year have forced an irrevocable turn in the history of the country. The PAC and the urban proletariat actively intervened in the destiny of their affairs and ushered in a new period in historical perspectives and pregnant with political possibilities, for the democratic movement.

For his part, acting Prime Minister Paul Sauer, speaking in the absence of hospitalised apartheid Prime Minister Verwoerd, on whom there had been an assassination attempt, declared:

The old book of South African history closed two months ago and for the immediate future South Africa will reconsider in earnest and honesty her whole approach to the native question.

As we commemorate this epochal event, we call on all of us to rededicate ourselves to the human rights of our people and to speed up the implementation of these rights, particularly employment, food, health, education, security, land and unity for all. I thank you.

Miss S RAJBALLY: Chairperson, democracy and equality are what our people yearned and fought for through the apartheid regime. To be one people with no segregation, divisions and ranking meant a society based on democracy.

To ensure this, the new democratic South Africa adopted constitutional supremacy as a backbone, and enshrined in this Constitution is a Bill of Rights that entrenches human rights as law. The two go hand in hand. For a successful democracy there has to be protection and preservation of human rights. This entails governance by the people for the people, in which equal representation and participation is practised.

As noted, the purpose of Government is for the people, and the Bill of Rights governs the relationship between the two, that is the state and its citizenry. In regard to this, having human rights enshrined in our governmental structure, being a democracy and working towards nation- building, they shall all correlate if the above factors are successfully instilled.

We strive to build a working relationship between Government and the people. Human rights have been accommodated in the light of this. It’s now the power of the individual to practise such rights. Nation-building would be a greater success with the co-operation of its people. Yet the harsh truth is that elements of racism and other human rights contraventions are still evident in South African society, even though they are deemed to be illegal, like women and child abuse, rape and killing.

Human rights, such as entitlement to education, set standards to accommodate an educated nation. Rights to housing and health respectively are developed too. Rights to dignity, security, individuality, religion and so forth, contribute to flexibility and development in the light of this. Each factor of human rights provided for in our Bill of Rights does not only serve the individual, but the nation as a whole is set to gain from it.

Resources, though, hinder this and the MF hopes that with this year’s Budget these visions may be achieved. Most importantly, the right to life is a global human rights provision which war threatens as a contravention. The MF hopes for a peaceful resolution to global matters and that human rights should be respected unconditionally, not only for nation-building, but global growth as well. The MF agrees that human rights are a pillar of nation-building. Thank you, Chairperson. [Applause.]

Mr C AUCAMP: Hon Chairperson, this might probably be the last speech made on behalf of the AEB in this Parliament, as the executive of the AEB has decided, and I have already made clear my intentions to represent the new party, the National Action, as soon as the window period opens.

Ons onderwerp vandag bied die ideale geleentheid om aan te toon hoe die meerderheid van die AEB, sowel as the vennote met wie ons bykans drie jaar lank onderhandel het, konsensus verkry het oor ‘n vars en nuwe posisionering binne die Suid-Afrikaanse politiek, en daar is plek vir Dennis Bloem ook.

Dit gaan naamlik in ons onderwerp oor die verhouding tussen die geheel en die dele, die algemene en die partikuliere. Dit gaan in die onderwerp ``Menseregte en nasiebou’’ oor eenheid, maar ook oor verskeidenheid.

Nasiebou het te doen met ‘n gemeenskaplike nasionale lojaliteit, nie bloot van 40 miljoen gesiglose, identiteitlose individue nie, maar van verskillende kulture, linguïstiese en godsdienstige gemeenskappe in Suid- Afrika, soos omskryf in ons Grondwet. Menseregte het ook nie net te doen met individuele regte nie, maar juis met die regte van sodanige gemeenskappe.

Die erkenning van verskeidenheid kom reeds na vore in die feit dat die NA op Christelike basis gefundeer is, maar met erkenning van godsdiens- en geloofsvryheid. Op hierdie basis rus verder twee sye van ‘n driehoek wat altyd in balans moet wees. Aan die een kant wil ons ons beywer vir die regte van minderhede in Suid-Afrika, met ‘n besondere fokus op die belange van Afrikaans en Afrikaners. Ons is nie skaam om hierdie fokus uit te spel nie. Ons glo dat die belange van die verskillende gemeenskappe in Suid- Afrika in hierdie politieke arena verteenwoordig moet word. Dit is die partikuliere.

Die ander been van die driehoek is egter ons verbintenis: Suid-Afrika eerste; dié van ‘n gemeenskaplike lojaliteit tot die land en die welsyn van al sy mense. Dit is die algemene.

Tussen hierdie twee is daar ‘n wederkerige verhouding. Die regte van elke gemeenskap moet erken, beskerm en bevorder word. Alleen binne die geborgenheid van die eie kultuur, taal en godsdiens kan die mosaïek van die Suid-Afrikaanse nasie tot sy reg kom. Alleen binne ‘n atmosfeer van kulturele en groepsgeborgenheid sal toewyding en lojaliteit tot die land as geheel kan gedy. Kulturele ontworteling en vervreemding maak van nasiebou ‘n monster en bedreiging.

Aan die ander kant, mag die aandring op hierdie regte nooit wees om dit in isolasie op ‘n klein eilandjie te beoefen nie. Dit mag nie ‘n saak wees van, ``los ons uit om ons ding te doen, en ons los julle uit’’ nie. Ons glo dat elke steentjie op unieke wyse deel is van die groter mosaïek. Elke gemeenskap moet sy unieke bydrae lewer om van hierdie land ‘n leefbare tuiste vir al sy mense te maak. Elke deel het ‘n verantwoordelikheid tot die geheel. Solank as wat miljoene mense nie basiese lewensregte het nie, sal die gesofistikeerde regte van gemeenskappe ‘n tweede plek op die nasionale agenda inneem.

Daarom wil ons nie in die wedstryd van Suid-Afrika apaties by die huis bly en onttrek nie, en wil ons nie op die pawiljoen sit en skree nie. Ons wil ook nie tienuur die oggend ons eie wedstrydjie op die C-veld speel nie. Ons wil die hoofwedstryd op die hoofveld speel, maar ons wil dit doen in ons eie kleure, met die beskerming van ons taal, ons kultuur en ons godsdiens.

Dit is waar u die NA gaan vind - in die wedstryd van Suid-Afrika. Ek dank u. [Tyd verstreke.] (Translation of Afrikaans paragraphs follows.)

[Our subject today presents the ideal opportunity to indicate how the majority of the AEB, as well as the partners with whom we negotiated for almost a year achieved consensus in respect of a fresh and new position in South African politics, and there is room for Dennis Bloem too.

Our subject concerns the relationship between the whole and the parts, the general and the specific. The subject ``Human rights and nation-building’’ is about unity, but also diversity.

Nation-building has to do with collective national loyalty, not simply of 40 million faceless, identitiless individuals, but of different cultures, linguistic and religious communities in South Africa, as defined in our Constitution. Human rights do not only concern individual rights, but in fact the rights of so-called communities. Acknowledgement of diversity already surfaces in the fact that the NA is based on a Christian foundation, but while recognising religious freedom and freedom of belief. Furthermore two sides of a triangle rest on this foundation and they must always balance. On the one hand we want to endeavour for the rights of minorities in South Africa, with specific focus on the interests of Afrikaans and Afrikaners. We are not shy about expounding on this focus. We believe that the interests of the different communities in South Africa should be represented in this political arena. These are the particulars. The other leg of the triangle, however, is our association: South Africa first; that of a collective loyalty to the country and the welfare of all its people. This is the general.

Between these two there is a mutual relationship. The rights of each community must be recognised, protected and promoted. Only within the security of the own culture, language and religion can the mosaic of the South African nation come into its own. Only within an atmosphere of cultural and group security will dedication and loyalty to the country as a whole flourish. Cultural displacement and alienation makes a monster and a threat of nation-building.

On the other hand, insisting on these rights may never be exercising them in isolation on a little island. It may not be a matter of: ``Leave us alone to our own thing and we leave you alone.’’ We believe that each little stone forms a unique part of the greater mosaic. Each community must make its unique contribution to making this country a bearable home for all its people. Each part has a responsibility to the whole. As long as millions of people do not have basic rights in life, the sophisticated rights of communities will take second place on the national agenda.

Therefore, in the game of South Africa we do not want to sit at home in apathy and withdraw, nor do we want to sit in the stands and shout. Nor do we want to play our own little game on the C-field at ten o’clock in the morning. We want to play the main game on the main field, but we want to do so in our own colours, with the protection of our language, our culture and our religion.

That is where you are going to find the NA - in the game of South Africa. We thank you. [Time expired.]]

Mr P J NEFOLOVHODWE: Chairperson, it is nine years since the ushering in of our new political dispensation. Gradually our people are beginning to appreciate and exercise their political right as guaranteed in the Constitution. We have all become accustomed to demonstrations and protests by the people. Yes, we have come to accept the rights of our people being exercised in this dispensation.

It was not so yesterday. Then the majority in this country were deprived of all civic, democratic and political rights. Black people were not allowed to manage or even to own businesses. They were not allowed to air their political views. They were not allowed to own their own houses. They were made foreigners, in other words, in the country of their birth. They were forced to carry the dompas everywhere they went so it could be determined if they were allowed to be in urban areas and, if so, whether they were working or not.

The introduction and enforcement of the pass laws was the culmination of centuries of degradation and humiliation of black people in this country and it was precisely in this period that the people felt that enough was enough and poured into the streets in peaceful protest. The regime replied with Saracens and machine guns, mowing the people down in Sharpeville, Langa and Nyanga. In this way the regime tried to quell the people’s quest for true humanity. It is now history that they failed. Yes, as we commemorate the memory of those who fell in the pursuit of the rights that we enjoy today, we should do so in dignity and we should not forget where we come from.

The rights of our people, as rights in the Constitution, are useless if our people do not know them. Our people must know all their rights so that they can be able to exercise them. This places a great responsibility on all of us to popularise these rights amongst our people so that they could be exercised and enjoyed by all citizens. And as we commemorate this day, we should remember that, all things being equal, those who have oppressed us are today also enjoying the same rights that we enjoy. It is because we are democratic and we are not doing what they did to all of us. Thank you. [Applause.]

Mr S L DITHEBE: Chairperson, I dedicate this debate to all those who spared neither strength nor courage and paid the supreme price for the liberation of our country. This democratically elected Parliament of the people remains an indestructible epitaph in honour of our heroes.

The ANC leadership, notably the then President-General Dr Moroka and Secretary-General Walter Sisulu, wrote to Prime Minister Malan on 21 January 1952 demanding the repeal of unjust laws by 29 February 1952:

We firmly believe that the freedom of the African people, the elimination of exploitation of man by man and the restitution of democracy, liberty and harmony in South Africa are such vital and fundamental matters that the government and the public must know that we are fully resolved to achieve them in our lifetime. The struggle which our people are about to begin is directed not against any race or national group but against the unjust laws which keep in perpetual subjection and misery vast sections of our population.

Predictably, the response of the regime was one of intransigence and racial invective which later sparked the Defiance Campaign of 1952. Ironically though, the Freedom Charter as adopted in 1955 did not call for the white man to quit Africa, but declared that South Africa belongs to all who live in it, black and white. Our Constitution is the living testimony to the inclusive and nonracial vision of our forebears.

I now turn to the crucible warriors of our fight for human rights and democracy - the youth. Your monumental contribution to these freedoms are celebrated by all freedom-loving people. At this crucial hour of destiny, our country and our people need you. Accordingly, the future of South Africa is in your hands and you are the architects of its future.

The ingenious programmes and projects of the Umsobomvu Youth Fund, itself the single largest investment that the Government has made to address the youth unemployment challenge in South Africa, are giving hope to our youth as demonstrated below: Firstly, 72 unemployed youths from the Western Cape, who have completed matric took part in an environmental service, conservation and outdoor education project; 120 unemployed young people are involved in a youth service project in care-giving and community cleaning on the Cape Flats; 120 young people in Gauteng are involved in a youth service project in care and counselling for people infected by HIV/Aids; 169 young people are engaged in horticulture and construction at Crown Mines in Gauteng; a project for 90 young people to rebuild their lives and their communities after gang violence in Westbury in Gauteng is going on;, 550 young people in Mohlaletse Village, Limpopo, are involved in a labour- intensive infrastructure development project; 50 unemployed young people are involved in home-based care and counselling at the Witbank Hospital for people living with HIV/Aids; 80 young people in Mothibistad, North West Province, are part of the three youth service projects in the areas of construction, primary agriculture and primary health care; 100 young people are participating in five youth service projects to assist the community to react proactively in helping those infected and affected by HIV/Aids in the Free State; 330 young people in KwaZulu-Natal, Gauteng and the Eastern Cape will be trained as sporting coaches, marketers and administrators and 250 young people - listen to this - will benefit over three years in a School to Work Project to enable them to access employment in the financial Treasury sector.

To respond to the President’s injunction for us to create an IT- capacitated nation, 300 unemployed matriculants in Gauteng, KwaZulu-Natal and the Western Cape are undergoing training in IT development skills to provide relevant work experience and meaningful employment.

In addition, 230 young unemployed tertiary graduates in 2003 and 730 over the next three years will receive high-level technical and professional skills training. [Applause.] All this is in partnership between the State Information Technology Agency, the Public Sectoral Education Training Authority and the Department of Public Service and Administration.

Last, but not least, the Youth Fund has committed R100 million in partnership with Momentum and FNB to provide capital to youth-owned businesses over the next five years for 200 entrepreneurs and raise another R100 million for the same project. This will create and/or preserve an average of 25 jobs per SME financed which equals to 5 000 jobs.

I want to propose that of the R10 billion set aside for black economic empowerment for the next five years in this year’s Budget, R2 billion of that be ceded to the Youth Fund to pursue similar projects as stated above.

Because of the enormity of these projects, I would like to state that Umsobomvu is living true to its role of being the implementer of projects that ensure youth participation in the mainstream of the economy, while the National Youth Commission monitors policy and facilitates legislation. For this reason, we need both these organisations in order to heal the divisions of the past, deepen human rights and democracy and foster nation- building.

I would like, in conclusion, to say that in all these endeavours, our youth must not become passive recipients of rights and freedoms, but must be cadres of a fight to push back the frontiers of poverty in a united front with Government.

Finally, I must say before I conclude, that the hon Mrs Camerer, who is not here unfortunately, has spoken at length about human rights abuses in Zimbabwe and how much the United States is going to submit to the Human Rights Commission of the UN a 16-page document which details atrocities by a so-called self-appointed elite in Zimbabwe. But what she forgets, and conveniently so, is that the same United States Government is arming to the teeth Sharon, who, I believe, will take advantage of a war against Iraq to commit genocidal acts against Palestinians.

Hon Seremane talked about food security. I hope that he watches his television set every day or that he reads newspapers or is in a position to find valid information, one way or the other. Last week the Minister of Social Development, the Premier of Gauteng and MECs were distributing food parcels to the people of Bekkersdal. We heard harrowing stories of people that are living in hunger.

But our Government is not oblivious to that reality. We ourselves know the face of poverty and we are not about to betray the wishes and aspirations of our people. And I would like to say that the false apocalypse which the President spoke about, that the DP is so fond of presenting our country with, must be exposed for what it is. They would have everybody believe that South Africa is in a state of crisis. But all that has been said today

  • the last speaker has confirmed it.

Some of you are sitting here because the ANC, the people’s revolutionary movement, was so gracious that it brought about these freedoms. [Interjections.] [Applause.] And I would like to say that this truth might be bitter, but it is the truth. And we are here to state it and defend it because we must not try to interpret it; it is a fact. And if there is anything that is stubborn it is a fact. Thank you very much. [Applause.]

Debate concluded.

The House adjourned at 19:45. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

  1. Classification of Bills by Joint Tagging Mechanism:
 (1)    The Joint Tagging Mechanism (JTM) on 18 March 2003 in  terms  of
     Joint Rule 161, classified the following Bill as a money Bill:


     (i)     Pensions (Supplementary)  Bill  [B  11  -  2003]  (National
          Assembly - sec 77).
  1. Introduction of Bills:
 (1)    The Minister of Finance:


     (i)     Food Relief Adjustments Appropriation Bill [B  16  -  2003]
             (National Assembly - sec 77).


     (ii)    Gold  and  Foreign  Exchange  Control  Contingency  Reserve
             Account Defrayal Bill [B 17 - 2003]  (National  Assembly  -
             sec 77).


     Introduction and referral to the Portfolio Committee on Finance  of
     the National Assembly, as well as referral  to  the  Joint  Tagging
     Mechanism (JTM) for classification in terms of Joint Rule  160,  on
     19 March 2003.


     In terms of Joint Rule 154 written views on the  classification  of
     the Bills may be submitted to the  Joint  Tagging  Mechanism  (JTM)
     within three parliamentary working days.
 (2)    The Minister of Defence:


     (i)     Armaments Corporation of South Africa, Limited Bill  [B  18
          - 2003] (National Assembly - sec 75) [Explanatory  summary  of
          Bill  and  prior  notice  of  its  introduction  published  in
          Government Gazette No 25004 of 4 March 2003.]


     Introduction and referral to the Portfolio Committee on Defence  of
     the National Assembly, as well as referral  to  the  Joint  Tagging
     Mechanism (JTM) for classification in terms of Joint Rule  160,  on
     20 March 2003.


     In terms of Joint Rule 154 written views on the  classification  of
     the Bill may be submitted to  the  Joint  Tagging  Mechanism  (JTM)
     within three parliamentary working days.
  1. Draft Bills submitted in terms of Joint Rule 159:
 (1)    Armaments Corporation  of  South  Africa,  Limited  Bill,  2003,
     submitted by the Minister of Defence on 10 March 2003. Referred  to
     the Portfolio Committee on Defence  and  the  Select  Committee  on
     Security and Constitutional Affairs.

National Assembly:

  1. Membership of Portfolio and House Committees:
 The following changes have been made to the membership  of  Committees,
 viz:


 Defence:


 Appointed: Madasa, Z L (Alt).


 Education:


 Appointed: Dudley, C; Green, L M (Alt).


 Environmental Affairs and Tourism:


 Appointed: Swart, S N (Alt).


 Finance:


 Appointed: Green, L M (Alt); Lowe, C M (Alt); Taljaard, R.
 Discharged: Grobler, G A J.


 Housing:


 Appointed: Southgate, R M (Alt).


 Joint Budget Committee:


 Appointed: Theron, J L.


 Public Accounts:


 Appointed: Bell, B G; Dudley, C (Alt); Lowe, C M (Alt).
 Discharged: Delport, J T.

  Mr H P Chauke  has  been  elected  as  chairperson  of  the  Portfolio
 Committee on Home Affairs with effect from 18 March 2003.

COMMITTEE REPORTS:

National Assembly:

  1. Report of the Portfolio Committee on Finance on the Pensions (Supplementary) Bill [B 11 - 2003] (National Assembly - sec 77), dated 14 March 2003:

    The Portfolio Committee on Finance, having considered the subject of the Pensions (Supplementary) Bill [B 11 - 2003] (National Assembly - sec 77), referred to it and classified by the Joint Tagging Mechanism as a Money Bill, reports that it has agreed to the Bill.