National Assembly - 19 May 2003
MONDAY, 19 MAY 2003 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:02
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.
MOTION OF CONDOLENCE
(The late Mr R Oliphant)
Mr A C NEL: Madam Speaker, I move without notice:
That the House -
(1) notes -
(a) with deep sorrow and shock that a former ANC member of
Parliament, hon Reginald Oliphant, was brutally gunned down in
Mitchell's Plain last Friday;
(b) that Uncle Reggie, as he was commonly known, was a prominent
civic and UDF activist, the founder of the Saamstaan community
newspaper in Oudtshoorn, the deputy mayor of Oudtshoorn from
1995 and subsequently a member of Parliament until 1999; and
(c) that he demonstrated a high sense of loyalty and commitment to
the country, its people and the ANC;
(2) expresses its sincere condolences to the family of the deceased; and
(3) congratulates the police on acting swiftly and arresting suspects.
Agreed to.
THE CHALLENGE TO BUILD A NEW SOUTH AFRICA
(Members's Statement)
Nk P N MNANDI (ANC): Somlomo, emcimbini wesizwe kufihlwa iqhawe ubaba uWalter Sisulu ngempelasonto le, lowo owayekade engumongameli wezwe, uComrade Nelson Mandela, uphawule ukuthi kusukela kule minyakana edlule indlela eya emathuneni iya ivuthwa. Silokhu siya nje siyolahla isizukulwane samaqhawe asefike ekugcineni kwenkambo yawo.
La magama yebo ayisikhalo afanele futhi, kepha kolunye uhlangothi angumbuzo onzulu obhekiswe kithi sonke lapha eNdlini nangaphandle, nakubo bonke abantu baleli zwe. Umbuzo uthi: Ngamunye ngamunye lapha kithina, sikulungele na ukuthatha umkhonto owe kuleli qhawe, siqhubeke sakhe iNingizimu Afrika engenabandlululo. Sizinikele na ekwakheni iNingizimu Afrika enoxolo, ukuthula nenhlalakahle.
UKhongolose uthi lapho umkhonto kaXhamela uwe khona, thina singabantu baseNingizimu Afrika, masiwucoshe siqhube umzabalazo oqonde ekushabalaleliseni ububha. Asiqhubeke sithande izwe lethu kanye nabantu bakithi bonkana. Singabantu bakuleli zwe asiwuqhube umzabalazo wokwakha izwe phezu kwesisekelo sokuhlonishwa kwamalungelo esintu phezu kwesisekelo sokuhlonishwa kwamalungelo abesifazane nabantwana. Singabantu baseNingizimu Afrika masiqhubeke sakhe izwe elakhelwe phezu kwesisekelo sobuntu. [Ihlombe.] (Translation of Zulu member’s statement follows.)
[Ms P N MNANDI: Madam Speaker, at the state funeral of hero Walter Sisulu this weekend, the former President of the Republic, Comrade Nelson Mandela, remarked that a few years ago we started burying more people. Every now and then we visit the graveyard to lay to rest a generation of heroes who have reached the end of their journey.
These are words of grief which are justified, but on the other hand, they pose a deep question to all of us in the House, to those outside it and to all the people of this country. The question is: Is each one of us ready to take over the sword from the fallen hero and continue the task of building a peaceful and caring South Africa.
The ANC’s message is that we must pick up Mr Sisulu’s sword from the point where it fell and continue with the struggle against poverty. Let us continue loving our country and all our people. As people of this country, let us take forward the struggle to build our country on the foundation of respect for human rights and for the rights of women and children. As the people of South Africa, let us go on building a country that is based on the foundation of ubuntu.]
The SPEAKER: I would remind members that you must please limit your statements to the time allocated. I do not like interrupting you in your statements, but it has now become a habit to just overrun the time.
CONGESTION IN SOUTH AFRICAN PORTS
(Member's Statement)
Mr R J HEINE (DA): Madam Speaker, it is now obvious that the operations in our ports have reached crisis levels. The port congestion in Durban, our biggest port, is currently averaging from 48 to 72 hours. In Cape Town port congestion is averaging about 72 hours for a vessel to get a berth. The Port Elizabeth port is working, but is severely hampered by poor productivity and occasional congestion as a result of the congestion in Cape Town and Durban.
The present port congestion has resulted in the shipping lines having no option but to impose a port-congestion surcharge of US$100 per 20 food containers, which is payable by the importer or the exporter. Our exporters are already feeling the negative financial impact which is also made worse as a result of the strengthening rand.
The crux of the matter is that poor productivity is mainly due to an alarming lack of infrastructure in the South African ports. To complicate the matter further is the threatening strikes by unions over the concessions at Durban port. Any such strike action would be nothing less than sabotaging the whole economy.
The Minister of Labour is quick to threaten employers over minimum wages and unemployment insurance levies, but he keeps a deathly silence when labour embarks on actions crippling our economy. The DA urgently calls on Minister Radebe to solve this crisis. Exports and imports are the heartbeat of our economy and this situation cannot be allowed to carry on for one day longer. [Applause.]
DISCRIMINATION IN THE WORKPLACE
(Member's Statement)
Mr N S MIDDLETON (IFP): Madam Speaker, the ILO has recently released its first global report on discrimination in the workplace. According to this report, blatant types of discrimination were reported. However, subtle, less visible and more insidious forms of discrimination have emerged. Much as most countries were dealing with discrimination in the workplace, not one has been found to be free of these other less visible forms of discrimination. These new forms of discrimination include, among others, HIV/Aids, disability, religion, sexual orientation and age.
The Department of Labour must be applauded for addressing the problems of inequality in the workplace that were perpetrated by the previous regime through its labour laws and the Employment Equity Act.
The Labour Relations Act, however, must be attended to. Although our Government has done so much to address the problems of discrimination, we are faced with a new challenge of addressing these new forms of discrimination which have been identified by the ILO. According to the report, our country is not immune from the problems of discrimination.
Some discriminated workers are put under so much pressure by their hostile employers, and sometimes coworkers, that they are compelled to resign. With more people infected by HIV/Aids, especially the economically active population, there is a need for vigilant education on the disease and on how those living with the virus have to be treated, especially in the workplace.
CRICKET DEVELOPMENT PROGRAMME
(Member's Statement)
Ms N R NTSHULANA-BHENGU (ANC): The KwaZulu-Natal Cricket Board was privileged to witness the launch of the school cricket development project initiated with the assistance of the Lottery Fund in Pietermaritzburg on the 11 March 2003.
This cricket development programme which was launched in Willowton and Sweet Waters stands to benefit 15 schools in these areas. Sixty-three teachers have been trained in basic cricket as a result of this programme. We in the ANC therefore rise to commend the KwaZulu-Natal Cricket Board and the UCB for launching this initiative in an otherwise rural environment.
The project is testimony to the fact that cricket can be played and can grow even in areas that are outside the urban section. We view this initiative as a contribution to the Government’s integrated sustainable rural development strategy. We wish to urge that schools involved in this programme should be supported with the necessary resources and facilities.
We, therefore, call on the other UCB affiliates to emulate the example set by the KwaZulu-Natal Cricket board by taking the game to the rural areas of our country. In light of this development, we hope that the Minister and his department will continue to make progress in developing sport in the rural communities and wish that the Minister shares with this House the successes and challenges of his efforts. I thank you. [Applause.]
BOEREMAG
(Member's Statement)
Mnr J SCHIPPERS (NNP): Mevrou die Speaker, organisasies soos die Boeremag en die Swart Hand is ‘n verleentheid vir die meerderheid witmense in hierdie land. Al is hierdie rassistiese groepies klein, hou hulle die gevaar in om Suid-Afrikaners te verdeel, en dit lei tot verdere wedersydse wantroue.
Hierdie verskynsel hou definitiewe gevare in vir ons jong demokrasie en kan onder geen omstandighede geringgeskat word nie, veral omdat dit jong mense is wat betrokke is. Dit is ‘n sweer wat onmiddellik behandel moet word, en nie geïgnoreer kan word nie, want dit kan die hele land besmet.
Politici help nie deur in taktiek vou swart gevaar te verkondig nie. Jong Suid-Afrikaners moet hulle ook nie laat uitbuit deur politici wat hulle opsweep en later hul hande in onskuld was nie. Jong Boeremaglede word nou verhoor vir onder meer hoogverraad. In Stellenbosch hou ‘n klein groepie rassiste ‘n hele kampus gyselaar.
Die NNP doen ‘n beroep op elkeen wat weet wie die Swart Hand is, om onmiddellik na vore te kom met inligting. Dit is in die belang van elke Suid-Afrikaner om te help om ‘n beter toekoms te bou. Ek dank u. (Translation of Afrikaans member’s statement follows.)
[Mr J SCHIPPERS (NNP): Speaker, organisations like the Boeremag and the Swart Hand are an embarrassment to most of the white people in this country. Though these racist groups are small, they are threatening to divide South Africans, and this will cause further mutual distrust.
This phenomenon poses definite dangers to our young democracy, and can under no circumstances be underestimated, particularly since it is young people who are involved. It is an abscess that should be treated immediately and cannot be ignored, because it can infect the entire country.
Politicians do not help by advocating ``swart gevaar’’ tactics. Young South Africans should also not allow themselves to be exploited by politicians who incite them and then later wash their hands in innocence. Young members of the Boeremag are currently on trial for high treason amongst other things. In Stellenbosch a small group of racists is holding an entire campus hostage. The NNP is calling on anyone who knows who the Swart Hand is immediately to come forward with information. It is in the interest of every South African to assist in building a better future. I thank you.]
BURUNDI
(Member's Statement)
Mnr A BLAAS (NNP): Mevrou die Speaker, die vredesproses in die DRK en Burundi is besig om buite beheer te raak en om in ‘n tweede Viëtnam te ontaard. Mense word by hul honderde vermoor. By monde van ‘n VN- woordvoerder, moet meer troepe beskikbaar gemaak en sal vrede afgedwing moet word.
Dit is duidelik dat die faksies in die DRK nie verbind is tot die vredesproses nie, terwyl meer en meer hulp en geld van ander lande, met inbegrip van Suid-Afrika, in hierdie bodemlose put gegooi moet word. Te midde hiervan, sê die agb President van Suid-Afrika dat die Verenigde Nasies hom ook moet versterk en hom tog moet onttrek sodat die Afrika-unie die proses kan oorneem. As ek dit dalk net kan noem dat dit die Suid- Afrikaanse belastingbetaler tans tot selfs as R200 miljoen uit die sak kan jaag, word geraam dat die laasgenoemde optrede die Suid-Afrikaanse Regering tot selfs R600 miljoen kan kos.
Hoewel vrede in Afrika wenslik is, kan Suid-Afrika, met sy eie pakket van noodsaaklikhede, nie sulke optredes bekostig nie. Die primêre fokus van Suid-Afrika is nie die DRK of Burundi nie. Vrede is nie haalbaar as daar nie ‘n wil tot vrede is nie. Suid-Afrika moet sy betrokkenheid by dié lande verminder, en nie verder by die onbekostigbare en nimmereindigende proses betrokke raak nie. Dankie. [Applous.] (Translation of Afrikaans member’s statement follows.)
[Mr A BLAAS (NNP): Speaker, the peace process and the DRC and Burundi is getting out of control and deteriorating into a second Vietnam. People are being murdered in their hundreds. A UN spokesperson said more troops should be made available, and peace will have to be enforced.
It is evident that the factions in the DRC are not committed to the peace process, while more and more support and money from other countries, including South Africa, have to be poured into this bottomless pit. In the midst of this the hon President of South Africa is saying that the United Nations must also strengthen him and nevertheless withdraw so that the African Union can take over the process. If I may perhaps just mention that as this can currently cost the South African ratepayer as much as R200 million, it is estimated that the latter action could cost the South African Government as much as R600 million.
Though peace in Africa is desirable, South Africa, with its own list of priorities, cannot afford such actions. The primary focus of South Africa is not the DRC or Burundi. Peace is unattainable unless there is a will for peace. South Africa should reduce its involvement in these countries, and should not get further involved in this unaffordable and never-ending process. Thank you. [Applause.]]
COMMUNICATIONS
(Member's Statement)
Ms N S MTSWENI (ANC): May 17 was the World Telecommunications Day whose aim is to help all of the world’s people to communicate. This still serves as a reminder to all of us of the critical role of communication in all areas of human endeavour.
It endorses the United Nations Millennium Summit of 2003 in helping all of the world’s people to communicate. Millions of people especially in poor cultures are still excluded from enjoying this right. Communication is the basis of all human kinds’ success. Information has remained as a key element of the economic prosperity.
However, the detailed debate between the developed and developing countries continues to hinder the promise of greater prosperity and equality. Those who do not have access to information and communication technology are not able to share in the social economic benefits.
As the world prepares itself for the first phase of this World Summit on the Information Society to be held in Geneva from the 10-12 December, the African National Congress urges all stakeholders, governments, businesses and societies to work tirelessly to narrow the ? divide in an effort to lay the foundation of a truly inclusive globally committed society and push back the frontiers of poverty. I thank you. [Applause.] INTERNATIONAL CANDLELIGHT MEMORIAL DAY
(Member's Statement)
Dr A N LUTHULI (ANC): Madame Speaker, the world celebrated the International Candlelight Memorial Day on 18 May 2003. As part of these celebrations, candlelight memorial services were held in all parts of the country yesterday under the auspices of the ANC Government.
These services were held in memory of all South Africans who passed on because of HIV/Aids-related illnesses. These services were also a reminder of the huge challenge of turning the tide against HIV/Aids, which all South Africans must confront.
Although awareness about HIV/Aids has increased amongst our people the pandemic is still spreading at an alarming rate, especially amongst our youth. There is no cure for AIDS. We thus have to make efforts to ensure that the disease does not spread. It thus becomes important that we heed the Government’s call for Abstinence, Be faithful or Condomise, ABC. We believe that if we heed to this call we will successfully win the battle against HIV/Aids. The best way to remember those who died of this disease is to carry forward the battle to fight the scourge of HIV/Aids. Let us all join the Government partnership to fight this disease. I thank you.
MEMBERS' CONDUCT HARMING PARLIAMENT'S IMAGE
(Member's Statement)
Mnr J P I BLANCHÉ (FA): Mevrou die Speaker, in Beeld van 21 April 2003 bied die Nuwe Nasionale Party se Adjunk-minister, mnr Renier Schoeman, en mnr Daryl Swanepoel onomwonde verskonings aan vir die lasterlike onwaarhede wat hulle oor mnr Tony Leon die wêreld ingestuur het. In hierdie verklaring in Beeld erken die Nuwe NP en die twee agb lede dat die storie wat hulle versprei het, lasterlik en ‘n leuen was.
Nie net hierdie insident het die Parlement en politici se beeld geskaad nie, maar ook die feit dat mev Winnie Mandela en mnr Tony Yengeni ons geledere as gevolg van twyfelagtige dade verlaat het, het die Parlement se beeld geskaad.
Omdat ons reeds die elfde wysiging van die wetsontwerp op Magte en Voorregte van Lede van die Parlement voor die ad hoc-komitee het, en geen vordering daarmee toon nie, wil die Federale Alliansie weet wat die Nuwe NP/ANC-alliansie met hierdie rolmodelle in sy geledere gaan doen, en hoe die Adjunk-president dit versoen met die kerke se versoek dat die Regering moet voorloop in die veldtog vir morele herontwaking.
Agb Speaker, gaan die Regering hierdie Parlement beskerm? Gemeet aan die leë banke van die agb ministers daar anderkant, wil ek die weddenskap maak van 1000 teen 1, hul dat nie gaan nie. (Translation of Afrikaans member’s statement follows.)
[Mr J P I BLANCHÉ (FA): Thank you, Madam Speaker. Speaker, in the Beeld of 21 April 2002 the New National Party’s Deputy Minister, Mr Renier Schoeman, and Mr Daryl Swanepoel apologised frankly for the libellous untruths that they had told the world about Mr Tony Leon. In this statement in the Beeld the New National Party and the two hon members admitted that the story they had told was libellous and a lie.
Not only did this incident harm Parliament’s image, but so did the fact that Mrs Winnie Mandela and Mr Tony Yengeni left our ranks as a result of dubious deeds.
Because we already have the eleventh amendment of the Powers and Privileges of Members of Parliament Act before the ad hoc committee, and are not making any progress with it, the Federal Alliance would like to know what the New National Party/ANC Alliance is going to do with these role models in its ranks, and how does the Deputy President reconcile this with the churches’ request that the Government take the lead in the moral regeneration campaign.
Hon Speaker, is the Government going to protect this Parliament? Judging by the empty seats of the hon Minister on the other side, I want to make a bet of 1000 to 1 that it will not.]
JOB LOSSES AND UNEMPLOYMENT
(Member's Statement)
Mr C M LOWE (DP): Madam Speaker, ahead of next month’s job summit surveys confirm the devastating effect of nearly 10 years of ANC Government - one million jobs lost and unemployment figures topping 40%.
Yet instead of amending draconian labour legislation and abolishing exchange control, both of which will kickstart new job opportunities, Government tries to keep awkward topics like Gear and HIV/Aids off the agenda, while the ANC/NNP-controlled Cape Town Metropole intends racially reallocating thousands of posts for other population groups, in a piece of social engineering so bizarre that it can only have been dreamed up on the far reaches of Verwoerdian never-never land.
At the lowest unskilled level, where individuals will find it hardest to find new jobs, 1095 black men and 3036 coloured men, labourers and cleaners, must vacate their positions and join the 40% unemployed to make way for amongst others 956 white men, 854 white women, 812 black women and 1224 coloured women. The cost of this huge restructuring process is unknown, but the municipality has indicated that it will have to take out loans to cover the expected number of retirement packages. What is known, Madam Speaker, is that instead of creating jobs the ANC is losing jobs causing more and more unskilled people to join the growing ranks of the unemployed. Thank you.
CHILD PORNOGRAPHY
(Member's Statement)
Prince N E ZULU (IFP): Madam Speaker, the Constitutional Court is reviewing a case against a certain film-maker for possessing child pornography.
The Constitutional Court has the task of determining whether this man’s right to privacy and freedom of expression, and possibly his right to scientific research, has been infringed or not. The man said such possession was innocent and would include research and film-making. There has to be a way to determine innocent possession for scientific research. This is an unprecedented case in South Africa, and charting the way forward in this matter will help in alleviating child abuse and possibly eliminating it.
In Britain a man was arrested for similar possession, and he cited similar arguments saying he was doing research in child pornography as part of the campaign to counter child abuse. The British police cautioned the man and, for the fact that he did not download porn pictures but only looked at them, his name was placed on a British sex offenders’ register. This serves to confirm the social belief of the Government, the Films and Publication Board, and the Directorate of Public Prosecution that such possession amounts to a tacit and dormant likelihood to inculcate, instill and provoke anti-social behaviour leading to possible child abuse.
We hope that the Constitutional Court will, after having considered all arguments, rule against private possession by the very fact of being announced to the Films and Publication Board. Thank you.
CONFERENCE ON BLACK ECONOMIC EMPOWERMENT
(Member's Statement)
Mr M U KALAKO (ANC): Madam Speaker, the Western Cape Provincial Government is hosting a two-day conference on black economic empowerment. The purpose of this conference is to elaborate a strategy for meaningful black economic empowerment in the province.
This conference is attended by big business and all the role-players in black economic empowerment initiatives. The ANC views this conference as historic, and that the people of the Western Cape now have an opportunity for the first time to influence government policy on black economic empowerment. This conference represents yet another milestone in the commitment of the NNP/ANC co-operation to improve the lives of all people in the Western Cape.
This conference is part of the overall transformatory process of the NNP/ANC-led provincial government of the Western Cape to build a better life for all people. The ANC welcomes all delegates to this conference, and wishes them success in their deliberations. Thank you.
POOR MANAGEMENT AND CONTROL OF SOUTH AFRICA'S HARBOURS
(Member's Statement)
Mr J J NIEMANN (NNP): Agb Speaker, swak bestuur en beheer aan Suid- Afrikaanse hawens kos Suid-Afrika jaarliks miljoene rande. Daarom is dit uiters noodsaaklik dat die herstrukturering van Suid-Afrikaanse hawens so gou moontlik voltooi moet word. Dit sal ekonomiese groei en beleggingsvertroue in die land ‘n groot hupstoot gee.
In Durban, Suid-Afrika se bedrywigste hawe, is sowat R2,5 miljard nodig om die terminaal te reorganiseer en te herkapitaliseer. Sedert 1994 was daar ‘n fenominale toename in invoer en uitvoer, wat baie druk op al die binnelandse terminale plaas. Die volume aan invoer en uitvoer oorskry die vermoë van die hawens met 26%. Dit veroorsaak noodgedwonge dat Suid-Afrika nie tot sy volle vermoë in- en uitvoer nie.
Uitvoer ervaar soms vertragings van tot 72 uur vandat hulle die goedere by die hawe afgelewer het tot dat dit verskeep word. Dit het natuurlik ernstige gevolge vir bederfbare produkte. Die NNP glo dit het nou ‘n saak van dringendheid geword dat die voorgestelde restrukturering en privatisering van sekere terminale afgehandel moet word. Dit sal nie alleen die ekonomie goed doen nie, maar ook werk skep. Die Regering kan eenvoudig nie meer sy voete sleep met hierdie inisiatief nie. Suid-Afrika kan nie bekostig dat swak bestuur en beheer van hawens ‘n verlies aan inkomste of beleggingsvertroue veroorsaak nie. Dankie. (Translation of Afrikaans member’s statement follows.)
[Mr J J NIEMANN (NNP): Hon Speaker, poor management and control at South African harbours cost South Africa millions of rands annually. Therefore it is imperative that the restructuring of South African harbours should be completed as soon as possible. It will boost economic growth and investor confidence in the country.
In Durban, South Africa’s busiest harbour, approximately R2,5 billion is needed for the reorganisation and recapitalisation of the terminal. Since 1994 there has been a phenomenal increase in imports and exports, which places a lot of pressure on all the domestic terminals. The volumes of imports and exports exceed the capacity of the harbours by 26%. From sheer necessity this results in South Africa’s not importing and exporting to its full capacity.
Exports are sometimes delayed by up to 72 hours from the time of delivery until they are shipped. This, of course, has serious consequences for perishable products. The NNP believes that it has now become matter of urgency that the proposed restructuring and privatisation of certain terminals should be completed. This will not only benefit the economy, but will also create job opportunities.
The Government simply cannot continue to drag its feet with this initiative. South Africa cannot afford poor management and control of harbours resulting in a loss of revenue or investor confidence. Thank you.]
SCHOOL GOVERNANCE
(Member's Statement)
Mrs R M SOUTHGATE (ACDP): Thank you, Madam Speaker. Section 38(a) of the Education Laws Amendment Bill goes against the principles of affording the parents at a school the right to have some say over who is employed, awarded and retained for their respective schools.
The Government is once again showing its undemocratic, draconian system to our schools, which is stifling current positive initiatives by school governing bodies to improve access to quality education for all.
Teachers with years of service, and higher levels of training and skills, will leave Government schools en masse, and the profession of teaching will become even less attractive than it already is. The ACDP feels the Government is failing to pay good salaries to teachers, in general, and should not prevent governing bodies from trying to rectify the Government’s inefficiencies by rewarding additional benefits to teachers who perform outstanding work or are highly valued.
The ACDP feels that the Government should be trying to get its act together by providing teachers with competitive salaries and incentives instead of limiting the rights of school governing bodies to reward and retain its good teachers. It is completely unacceptable for teachers. The only increment they receive is that which is made according to inflation, causing teachers with several years of experience to be paid the same as new teachers fresh out of college.
The department should seriously look at its approach towards governing bodies as it is alienating itself from the very people who put them in power to represent their concerns. Thank you.
TEACHERS' SALARIES
(Minister's Response)
The MINISTER OF EDUCATION: The ACDP has entered this debate very late in the day. It’s too much to expect either the ACDP or the New NP or the DP, and particularly its leader, to apologise.
I have before me the Employment of Educators Act. We have since 1998, when the Act was passed, criminalised teachers. Under this Act - the hon Leader of the Opposition may grin like a Cheshire cat, but the Cheshire cat never won anything - it says here quite clearly that educators receiving rewards in cash or kind to supplement their official salaries from their employer, without the permission of their employer, are unlawfully in contravention of the Employment of Educators Act regulations. Without the approval of the employer, which is the provincial department, any additional reward in cash or kind for performing duties is forbidden. What we are trying to do, and we have total openness to receiving submissions, is to ensure that teachers are paid for additional tasks.
Contrary to what the hon member from the ACDP has said, we now have a performance management approach where they are paid not only because of seniority and in keeping with inflation, but we have now divorced administration from teaching.
Tomorrow I shall address a press conference. I don’t expect the DA or other footling organisations to apologise, but quite clearly … [Interjections] … you can bay at wolves. It is illegal for teachers to receive additional payments. [Interjections.] You are supposed to support the law. [Interjections.]
Madam Speaker, it is impossible to reach these people. It is illegal to pay additional amounts. What we are trying to do now is to regularise it, therefore, for additional work.
Tomorrow I shall address this issue. This has not gone to the Council of Education Ministers. It has not gone to the Cabinet. We put this out for public discussion so that there can be sensible rational discussion. We reject the approach of the ACDP. We have not chosen the employment laws. We reject the bafundisi in this matter. [Interjections.] [Time expired.]
The SPEAKER: Hon Minister, please take your seat. Order, order!
COMMITMENT TO PEACE AND STABILITY
(Minister's Response)
The MINISTER OF SAFETY AND SECURITY: Thank you, Madam Speaker. We who understand the virtues of peace and the ugliness of war will continue to make a contribution to the establishment of conditions of peace and stability here in South Africa, on the continent, and in the world at large.
There is no one who is going to come to us here and say ``Peace is expensive.’’ We know peace is expensive. We know that in South Africa, in order for us to build the political atmosphere that exists now, we had to fight from 1912 until 1994 to attain those conditions of peace. We will continue to do that, be it for the sake of the Barundi, the people in the DRC, in Angola, or anywhere else on our continent.
We will continue to make an input towards the creation of these conditions of peace and stability. We are not going to listen to any warmongers, be they South African or from anywhere else in the world.
We want, at all times, to sustain conditions that don’t promote conflict and war. [Applause.]
APPROPRIATION BILL
Debate on Vote No 4 - Home Affairs:
The MINISTER OF HOME AFFAIRS: Madam Speaker and hon members, it is a pleasure for me to introduce the debate on the Home Affairs Budget Appropriation for the 2003-04 financial year.
This might be my last budget as Minister of Home Affairs. I wish to state that in the past nine years I’ve exercised my functions exclusively in the service of the state and the people of South Africa. I thank President Mbeki for giving me that opportunity. I never allowed political considerations to detract from what I had to do. I never used my office to benefit my political party. I have not given jobs and positions to my friends, nor have I prevented my foes from achieving them when they were qualified.
It seems that media reports use my department as the flogging horse of governmental service delivery inadequacies. I do not shy away from shortcomings which we are addressing within the tight confines of scarce available resources and imposed limitations. However, our achievements are overshadowed by unwarranted adverse publicity and negative perceptions all the time.
Twenty-eight million South Africans bear identity documents issued by my department. This affords to all of them rights of citizenship and enables their access to benefits and activities in both the public and private sectors. At the end of last year there was a databank of 43 186 445 fingerprints on record in the department, representing the backbone of our identification system. The total South African population represents the recurring clients of Home Affairs, as we register their births, identify them, marry them, naturalise them, change their names, issue travel documents to them and record their deaths, and constantly replace all such documents when lost or expired.
In addition, we manage and process all the millions of foreign visitors to our country. Thus, cumulatively speaking, our client base probably exceeds 300 million persons and considering the span and scale of our business operation I commend my officials for their dedication and hard work. Quite often their hard work and sacrifice are overshadowed by actions of those in our civil service who are corrupt and who do not serve the public with diligence, courtesy and dedication. This is, of course, because widespread corruption in the department is often alleged.
Not a single instance of unethical conduct can be justified and we have significantly stepped up our investigation and prosecution capacities. We are nurturing a mind-set among staff that reflects the highest levels of integrity and honesty and we are installing incorruptible systems. However, the observation in the recently released United Nations-sponsored Country Corruption Assessment Report that about 30% of our officials have been approached to perform unlawful activities, is disturbing, to say the least.
We are engaged in systematic efforts to improve service delivery. We were the first department to issue a service delivery improvement plan as prescribed in the Batho Pele White Paper. We were the first department to earn the Batho Pele merit award from President Mandela. We have introduced the notion of exemplary offices, which are centres of service excellence in all regions, from which our vision of an efficient and customer-orientated new department will be rolled out.
I have instructed a comprehensive scientific investigation into the required personnel establishment and organisational structure of the department linked to the current sparseness of Home Affairs offices and service points throughout the country. Final proposals regarding these matters will be submitted to me by the end of June 2003.
Currently the department has 1 915 vacant posts calculated on the basis of a 1995 outdated and insufficient personnel establishment, including 358 vacancies at the Government Printing Works. As an interim measure Cabinet has approved the filling of 349 critical posts during the 2003-04 financial year and an amount of R20 933 million is included in the current budget for this purpose. However, an additional amount of R67 908 million was requested for the filling of 704 further vacant posts during 2003-04. This is patchwork based on a 1995 scenario, and the complete current picture of Home Affairs personnel requirements will only emerge on the completion of the mentioned scientific investigation.
The inadequate reach of our services into deeply rural and marginalised urban communities is also pertinently being addressed in this investigation. The scientific formula employed to determine office location and staffing levels in fact contains a built-in bias towards these areas, compensating in particular for distance in sparsely populated areas and taking into account, as well, the availability or absence of public transport. The completion of the investigation in five of the 10 regions has shown that in these regions there is a need for six new regional offices, 36 new district offices, 26 new permanent service points - excluding service points where services are only provided on certain days or by special request - and more than a doubling of mobile units to 219.
Furthermore, this necessitates a 722-staff increase, from 2 195 to 3 917 and the personnel costs alone of these proposals amount to R127 295 million. Still in progress are the similar scientific investigations for the remaining five regions as well as the seven primary business units located in the departmental head office.
The necessity to expand our foreign operation in the light of escalating international travel to South Africa places tremendous additional pressure on our already overstressed capacities at ports of entry and our twenty foreign offices. We are just not equipped to process the more than 8 million foreigners per year who visit our country. Consequently, it can realistically be expected that the eventual requirements will by far exceed the doubling of the above.
Without addressing our aforesaid requirements service excellence in Home Affairs will remain but an unfulfilled dream and service delivery improvement throughout Government will remain elusive. The financial and infrastructural requirements of establishing a properly equipped and adequately staffed Department of Home Affairs are massive. Against this background I have construed my strategic vision of the devolution of the delivery interface of the Home Affairs civic services to third-tier authorities. Apart from making financial sense, this option is also fully aligned with governmental policy on integrated service delivery and remains the only financially viable option for the future.
Municipalities and traditional authorities are closest to the people and the sensible link between communities and our central records and systems. We have done our internal homework regarding this matter and it needs to be pursued at an intergovernmental level now. Because of the inevitable involvement of so many other stakeholders we cannot go it alone. I urge my colleagues, especially the Ministers of the Public Service and Administration and for Provincial and Local Government to support me in the developing and roll-out of this only viable alternative for addressing current unsatisfactory service levels.
The migration branch is largely engaged in the implementation of the Immigration Act of 2002 and the immigration regulations made in terms of such Act and relating to the management of critical immigration matters. The Immigration Advisory Board is now fully operational as it held its inaugural meeting earlier today. With this step having been taken, the new system of migration control has now been launched. It will take time before the new system will reach its full maturity. As people are beginning to experience the new system they appreciate its greater benefits.
The introduction of the Home Affairs National Identification System is the topmost project aimed at modernising the management of civic services. The Hanis project positions South Africa as a leader in the field of national identification. After last year’s basic system commissioning and the system becoming operational in August 2002, about 700 000 ID application records have been captured and we have achieved an average of 6 000 application records intake per day. The system issues strictly unique identity numbers, using complex biometrics-reliant technologies. The systems avoids anyone being able to have two identity numbers or two persons having the same identity number, which will curb fraud.
A reliable automated fingerprints identity system is in place. Essential matters pertaining to the identity card component are being deliberated with the Hanis stakeholder departments. The finalisation of the identity card component is critical to the overall progress of Hanis and the department is bent on expediting delivery.
I have informed both the Cabinet and the Portfolio Committee on Home Affairs that in recent times I began discovering a number of problems inherent in the Hanis project and of which I had not been apprised before June of last year. Some of such problems have massive repercussions for the finances of the state. It emerged that some of the technological solutions and project features which were being pursued were not the correct ones. New technology has emerged which will enable us to reduce the costs of identity cards and employ microchips only in respect of certain segments of the population which may need them or wish to have them.
In other respects high-density barcodes can achieve all the intended goals of a secure identity card with built-in biometrics which can be read by an optical scanner, whilst serving as the basis which integrates e-governance and the rendering of services by other organs of state as well as private transactions.
Escalating security considerations have a bearing on the protection of the Hanis system and the data it contains. Consequently, a disaster recovery plan has been formulated.
The total Hanis budget for 2003-04 is R258 million. The total expenditure on the project until February 2003 was R812 million and it is estimated that an amount of R438,5 million, excluding the as yet unknown cost of the identity card component as well as the aforesaid disaster recovery plan will still be required. Obviously this figure will be affected by the consumer price index and foreign exchange fluctuations and the dancing that the rand is doing to the extent that the National Treasury will not hedge currency exchange risks. It was because of these complexities that I could foresee that I appointed Prof Fink Haysom to have oversight responsibility as a commissioner on the Hanis project.
A further systems development in civic services pertains to the introduction of an electronic document management system for which the first contract was awarded in October 2001. The objective of the e-DMS is to implement an effective, real-time online solution that will cater for automated document management processes from capture to business transactions solutions, thus resulting in the overall improvement of business process efficiency.
A total of R70 million has already been spent on phase 1 of the e-DMS Project and R52,5 million has been allocated for the current financial year in order to complete phase 2. A further R78 million will be required during the 2004-05 financial year for phase 3.
These systems developments will offer state-of-the-art technology and utility to our citizenry and also enable South Africa to leapfrog most of the world’s technology applications in the field of civic services. As such it will craft a new outlook on governmental service delivery and significantly boost the Batho Pele imperative.
Following the President’s commitment in his 2002 state of the nation address to the fast-tracking of child support grants and their extension to children up to the age of 14, the department is working in close collaboration with the Department of Social Development, the lead department in this project, to ensure an integrated approach with the view to optimising service delivery.
Notwithstanding the inhibiting lack of additional necessary resources, the department has introduced interim measures to reach many applicants. This includes their incorporation in the Vital Registration Programme developed with the Department of Health and provincial hospitals to enhance birth registrations; the involvement of 29 traditional authorities in KwaZulu- Natal to assist with birth registrations; participation in the Eastern Cape Inter-provincial Support Programme in terms of which mobile units and contract workers are provided through De Loitte and Touche and other initiatives. Thus Home Affairs is fully committed to heed the President’s call for poverty alleviation through, amongst other things, the expediting of grant registrations.
Moreover, with effect from 1 April 2003 the department has engaged in an identity document campaign that will continue until the close of voter registration for the 2004 general elections. Currently the department has the capacity to deal with about 8 000 ID applications per day with a turnaround time of two months. It is estimated that applications will escalate to approximately 20 000 a day as the elections draw closer.
Priority target groups such as the youth, rural areas, farms, prisons and informal settlements will be identified. Additional mobile units will be acquired. A public awareness campaign will be launched and National Treasury has been approached for permission to waive fees pertaining to ID reissues as well as for the department to supply free photographs to applicants. The outcome of this request is still awaited. I appeal to all stakeholders, and in particular political parties, to support our endeavours in this regard.
The spirit of cooperation and enthusiasm which has characterised the process of launching the new system of migration control is impressive. Especially the collective effort of so many staff members in drafting the new immigration regulations, the major role of our Human Resources Development Unit in ensuring training as well as the dedication shown in the successful implementation of the Act. A total of 3338 officials from head office, the regions as well as foreign offices have already been trained. Migration management relies on technology, especially on the Movement Control System. An amount of R146,42 million was allocated to rewrite the Movement Control System. After allocation and before tenders could be called for, it transpired that the current network used by the department would not be able to support the envisaged system. This implied that the network used by the department would have to be updated before tenders could be called for. Consequently the department has already purchased equipment to the amount of R4,2 million during the 2002-03 year. Furthermore, the amount of R1,9 million was utilised for the implementation of the computerised visa system at 12 missions, and R2,2 million for the upgrading of equipment at various border posts. The balance will be rolled over and spent once the tenders have been awarded.
The department is making great strides in rendering services to the refugee community. However, it is clear that the management of refugee affairs in this country is becoming exceedingly challenged with the ever increasing influx of asylum seekers, many of whom are economic refugees.
It was very interesting, during my recent visit to Bali where I met other ministers from migration from mainly Pacific countries, to find that even in their countries 80% of those who apply as refugees are in fact economic refugees, not general refugees.
With its porous borders and increasing involvement of human trafficking cartels, the number of asylum applications are set to increase and the abuse of it by economic migrants is a matter of serious concern to my department.
The current refugee system is not efficient and needs to be replaced as it cannot be overhauled. The provision of staff coupled with extensive training is essential to do proper status determination at first instance to avert the ever increasing backlogs experienced in processing of applications. I will be addressing these issues in due course, once the final recommendations are forthcoming.
It is evident that the situation of chronic under-resourcing of Home Affairs has not as yet been substantially rectified. Although there has been a 32,57% increase in the total Home Affairs allocation from R1,486 million in the previous financial year to R1,971 million in this year. If funding for items such as projects, transfer payments such as to the IEC and other earmarked amounts are deducted from both years’ allocations, the increase in the department’s current budget is only 11,1%. Given the foundational nature of Home Affairs’ functions in respect of public and State affairs, democratic rights and freedoms, I urge a serious rethink on suitability of our slice of the budget. I plead this cause, not on my behalf or that of Home Affairs, but on behalf of all South Africans. I thank you, Madam Speaker.
Nkul H P CHAUKE: Inhlikanhi Xipikara. Xosungula ndzi rhandza ku xeweta Holobye, museketeri wa yena na n’wina hinkwenu mi nga laha endlwini. Hina va ANC hi seketela Mpimanyeto wa Ndzawulo ya Xikaya ya 2003-04. Tani hileswi hi nga hlangana namuntlha hikokwalaho ka mintirho yi nga endliwa hi tinhenha ta valwela-ntshunxeko va tiko ra hina to fana na va Moses Kotana, Bram Fischer, Govan Mbeki, Lilian Ngoyi, Olivier Tambo, Walter Sisulu, Chris Hani, Parks Mankhahlana na Peter Mokaba, hi ri ka n’wina ha mi losa tihosi ta hina. (Translation of Tsonga paragraph follows.)
[Mr H P CHAUKE: Madam Speaker, the hon Minister and his deputy and all gathered in this House I greet you. The ANC supports the budget of Home Affairs for 2003-04. Today we have gathered here as a result of contributions made by struggle heroes of our country such as Moses Kotana, Bram Fischer, Govan Mbeki, Lilian Ngoyi, Olivier Tambo, Walter Sisulu, Chris Hani, Parks Mankhahlana and Peter Mokaba. We salute these heroes.]
Because every person in South Africa, citizens, residents, visitors or refugees, is a client of the Department of Home Affairs, high-quality service delivery is a strategic goal that directs department planning and action. The department is committed to various programmes that will fundamentally transform infrastructure and business systems that provide platforms for service delivery.
Since 1998 till this financial year, 2003/2004, the budget allocation for Home Affairs has been increasing in real terms. It is also projected that in the medium term it will continue to grow. If the budget continues to grow, we need to ask two important questions. The first is: With this financial support that the department is getting, has the department transformed itself over the last nine years? The second question is: With this increase of budget in real terms has the service rendered to our people really improved? Yes, there has been some improvement, but the process of transformation and service delivery is very slow.
I asked these two questions just over a week ago. The Portfolio Committee on Home Affairs and the Portfolio Committee on Social Development went on a study tour to observe how the two departments are working in the Eastern Cape, in the O R Tambo District Municipality. What we saw there is really pathetic. To this effect the report will be tabled in Parliament soon.
I think it is important to note a few things that we saw on that visit. Among the things that we saw are the following: People in the old Transkei are still using their Transkei/Ciskei ID/book of life; lack of infrastructure for home affairs, in particular in Mqandule village - elaleni likaNkosi Holomisa. Esikutholile ukuthi ihhovisi loMnyango wezasekhaya lakhiwe njengomjondolo, alinagesi, alinazindlu zangasese, isitafu sihlala ndawonye. Abantu bakuleyo ndawo bayizigidi eziwu 1.5. [ - in the home village of inkosi Holomisa. What we found out was that the office of home affairs is built like an informal settlement; it has no electricity and no toilets. The staff is flocked in one room. But this office is serving about 1,5 million people.] And there are only two people who are servicing that area.
Home affairs offices are not accessible. The rural people have to travel 300 km to go to home affairs; there is a lack of human resources at those offices, particularly those in deep rural areas; and a high level of corruption and mismanagement. You know, we went there a week ago, and you saw on the news on Monday what happened. There was an illegal home affairs office next to the home affairs office in Umtata. Four women were arrested.
For democracy and modern economy to function in a way that is expected, the identity and the status of all individuals living and working in the country must be recorded accurately, efficiently and it must be accessible.
Recording the identity of citizens, residents and visitors is crucial to the management and regulation of socio-economic and political activities in a particular country. It also forms the foundation for democratisation and development of society. Regarding the identity and status of people, the country requires a new system of population registry. We appreciate the effort made by the department to rewrite the population register. Rewriting the population register becomes imperative.
The realisation of the objective is linked to the whole system of a new identity system known as Home Affairs National Identification System. The Hanis project was approved by the Cabinet in 1996. Seven years down the line we have not yet seen any sign of Hanis. Where is the delay? Why is the department rolling over funds that are assigned to Hanis projects?
We call upon the Minister and the Deputy Minister, to whip their staff in the department to speed up the implementation of this programme. The implementation of this programme will radically transform society and improve service delivery. It will also assist many departments in identifying accurately the beneficiaries of services they render to the public. My colleague Annelizé Van Wyk will elaborate further on this matter.
I indicated earlier that next year people will be going to the polls. We want these elections to be professionally organised and efficiently conducted. We do not want the American type of situation during the presidential elections of 2000. We want the Independent Electoral Commission to be given all the necessary infrastructure and resources to run efficient and problem-free elections.
On 5 March 2003, this year, Cabinet approved the minority report from the Electoral Task Team that was chaired by Mr Slabbert. The report set the framework for conducting elections next year. The ANC also wants to agree with the Cabinet’s position on the adoption of the minority report.
This Parliament needs to pass a law that will set a framework for conducting elections next year. Up until now we have not yet done so. This situation will put Parliament under tremendous pressure in the next term. By not having the law in place we are delaying the preparations of the Independent Electoral Commission. The IEC needs to conduct voter education in rural areas. And I am saying this because I am worried about the state of preparedness of the IEC. We need to give them enough time.
We also call upon the Department of Justice and Constitutional Development and the Department of Home Affairs to co-operate and finalise this matter as a matter of urgency, if the electoral law has to go through Justice or Home Affairs. I have already taken up the matter with the Chairperson of the Portfolio Committee on Justice, that in the near future we will be calling the two Ministers, that of Justice, Mr Maduna and our Chief, Mangosuthu Buthelezi, to appear before the two portfolio committees to tell us exactly who is responsible for the electoral law.
The ID campaign calls on the Department of Home Affairs to intensify and mobilise people to apply for identity documents and the department to come up with a strategy of distribution of IDs.
Re eleletswe hore ha o fihla mane mahaeng haholo-holo, o tla fumana hore diyuniti tse potolohang (mobile units), tsa lefapha la ditaba tsa lehae (Home Affairs), di a tla mme di fihle di ngodise batho. Ebe batho ba a ngodisa hore ba batla dibukana tsa boitsebiso jwalo-jwalo. Empa ha ho na tsela eo ka yona dibukana tsena di ka kgutlisetswang ho batho. Seo o se fihlellang diofising tsa Home Affairs, jwalo ka ha ke se boletse hore mane Motandole, ofisi ha e na le ha e le ditshepe tse mona tsa tshireletso (butler proofs); dibukana tsa boitsebiso di behilwe feela ka hara mabokoso mme, di tletse-tletse hohle mono.
E mong le e mong o itlela mono mme ebe ho thwe a inkelele bukana eo a e batlang. Ka hoo he, rona re sisinya hore lefapha la ditaba tsa lehae le be le mokgwa wa ho isa dibukana tsena tsa boitsebiso ho batho, ele hore batho ba entseng dikopo tsa dibukana tsena ba kgone ho di fumana. Re boetse re kopa hore ditho tsa Palamente, jwalo ka ha re boletse maobane hore le bona ba lokela ho kenya letsoho letsholong la ho etsa bonnete ba hore dibukana tsa boitsebiso tse leng mabatoweng a bona, di abelwa beng ba tsona ka tshwanelo. Ntlha enngwe hape e hlokolosi haholo ke ya hore … (Translation of Sotho paragraphs follows.)
[We have realised that rural places in particular are visited by mobile units of the Department of Home Affairs to register people. This gives people a chance to apply for ID documents, and so on. However, there is no mechanism through which these ID documents can be delivered to the people. As I have already pointed out, in Motandole the office does not even have burglar bars. You find that ID documents are packed in boxes and are scattered all over the place. Anyone who goes there is therefore told to look for his or her own ID among those scattered around. As a result, we suggest that the Department of Home Affairs should at least have a mechanism whereby these ID documents can be effectively delivered to the people, so that those who have applied for them can receive them. We also appeal to members of Parliament, as we stated yesterday, that they should also contribute to the campaign of making sure that ID documents are accordingly distributed to their owners in their regions. Another important factor is that …]
… le mali le efakelwe uMnyango mayelana nomkhankaso womazisi yimali encane kakhulu. Sizosebenza kakhulu ukuthi sibonisane noMnyango ukuthi uMgcinimafa akhuphule le mali le ngoba uma ubheka kahle ufumana ukuthi kulo nyaka odlule wokhetho imali ebifakiwe yayingaphezulu kwezigidi ezi-80. Kulo nyaka esiya kuwo wokhetho, imali efakiwe iyizigidi ezi-15, kanti sikholwa ukuthi le mali le kufanele ikhushulwe ukuze abantu bakithi abangenamapasi bakwazi ukuwathola. (Translation of Zulu paragraph follows.)
[… the budget that has been allocated to the Department of Home Affairs with regard to the election campaign is very small. We will be working with the department to ask the Treasury to increase this budget, because if one compares it with the budget for previous elections, one finds that that budget was over R80 million. But the budget for the coming elections is R15 million, and we believe that this budget should be increased so that those of our people who do not have IDs get them.]
The other point that I want raise is that the majority of our people in the rural areas do not have the means to pay for ID photos. I think that this is something that we definitely have to take up, as a department and as Government, to help those who are unemployed and and those who do not have money to pay for ID photos. Do you know how expensive it is to have an ID photo taken? It costs R45, when families cannot even raise R2,50 to buy bread at home, particularly in the rural areas. So we will be making this call to the department and Government [Interjections.] You, shut up! [Applause.]
Immigration has been part of humanity from time immemorial. In a modern globalised world which is set to isolate us from the rest of the world, the Immigration Act that we passed last year was an honest attempt on our part to deal with the thorny issue of immigration from a progressive point of view and to be a human rights-orientated piece of legislation.
One issue that I want to raise, which really worries me very much, is this question of immigration regulations. We have called the department many times to say that, directed by the Act of this Parliament when making regulations, we have to follow section 7 of the Act. We have made that submission from the beginning. My only worry is that the appeals that the department is currently engaged in are not really helping. At the same time the department is complying with the Act.
We have just observed this afternoon; invited by the Minister on the launch of the Immigration Advisory Board, which we really appreciate. It is the right step in the right direction. We appreciate the progress that has been made. But the only worry that we have is this. Why do we continue with the appeals in the Supreme Court and Constitutional Court when we are complying with the Act itself. I believe that it is not correct and it is something, if one has the powers, I was going to ask the Minister to withdraw, because it is just a waste of time and of Government resources to continue with these appeals. South Africa has been accused of being xenophobic. This has been levelled against us because of the way that we treat our citizens in the country. The recent court battle that I have just mentioned really needs to be addressed.
I now come to Government printing. The staff at the Government Printing Works are depleted. There is a total lack of capacity in the office. It has led to a total collapse in management and financial controls. Perhaps due to lack of experience, some members of the staff in the printing works have overlooked the rule that outlined how certain issues are supposed to be handled. I am raising this issue because of the report of the Auditor- General.
The Auditor-General highlights two important areas within the Government Printing Works. The first one is the problem of proper financial control relating to debt collection. This is a result of posts that are vacant in the department. As the Minister has already said, we have about a 1 500 backlog, but I believe that it is critical that with the 300 posts that we will be filling, we need to focus on the strategic posts that will be able to cover some of the areas where some kind of support is lacking.
The Department of Home Affairs should intensify staff training on Batho Pele as this is one of the areas that reflect quite negatively on the department, particularly in the rural areas. There is a need to train our staff in public relations at all levels.
Ngicabanga ukuthi lena ngenye yezinto okumele sizame ukuzenza. [I think this is one of the things that we should try.]
In one of our meetings in Umtata, we mobilised almost 2 000 people and the Departments of Home Affairs and Social Development were issuing birth certificates and ID applications. The official from Home Affairs was addressing a group of women. Most of them had their surnames wrongly spelt in their IDs. Some of them had their age reduced in their IDs and all that. The official was holding a cellphone on the one side, while on the other he was telling people to shut up because he was speaking on the cellphone. So I think these are some of the things that are really not going well for our people.
One of the areas that I want to raise again that of legislation. I think this area is one of the areas that we need to capacitate, because we were told that this year there are a number of Bills that are going to be amended. We are already now in the second quarter and we have not yet seen anything and I believe that there are quite critical Bills that we wanted to amend. But the department did not bring them forward and I think that the Minister and the Deputy Minister should work on this area, and make sure that these areas are addressed.
The last area that I want to raise is this. There is a need to have a clear strategic plan on Government’s position with regard to the role of traditional leaders and municipalities doing Home Affairs work at the local level. Home Affairs is a national competency according to the Constitution of this country and it must be clearly defined what the role of each structure will be and the accountability process must be clearly stated. This needs to be addressed as it is beginning to create problems in other areas. Yes, we know that traditional leaders are playing a particular role, but it is not clearly defined as to what it is that we expect from them. Are we saying to them that they can now begin to do Home Affairs work? If they are going to do that, how are they going to account? And municipalities, especially those without capacity, are we going to give them permission to start doing Home Affairs work and all of that?
I think these are some of the things that I would like to urge the Minister and the Deputy Minister to take up with Cabinet and come up with a clear policy as to exactly what to expect from these areas.
Lastly, I would like to thank the Minister, the Deputy Minister and congratulate the newly appointed Director-General, Barry Gilder, on the appointment and thank the members of the portfolio committee in saying that we have to co-operate for better service delivery. Thank you very much. [Applause.]
Mr M WATERS: Madam Speaker, first and foremost I would like to thank my colleague, hon Sakkie Pretorious, for allowing me to speak first in this debate for the DA as I have commitments in my constituency tonight. I hope the hon Minister will accept my apologies for not being able to stay for the entire debate.
Child pornography is a growing crime in our country and amendments to the Films and Publications Act are desperately needed.
According to the Sunday Times report there are over 100 000 websites worldwide that offer child pornography. The report further argues that these figures represent an increase of 345% between February and July 2001 alone.
It is very difficult to begin to estimate the number of children who have been sexually abused, tortured and even murdered to meet the demands of child abuse images, but, at the very least, it must be hundreds of thousands.
Given the nature of the Internet, any increase in the creation and distribution of child abuse images in any part of the world is an increase in every part of the world.
As Michael Malone of ABC News said, ``Child pornography is not a tiny industry but a global empire. It is not some crude or amateurish operation, but a sophisticated octopus with revenues of billions of dollars.’’
Let no one be fooled, child pornography is not sex between two consenting people. It is between an adult and an innocent child who often have been drugged, beaten, coerced into consuming alcohol and in some cases simply handed over by their parents.
A task team was appointed three and a half years ago to look into the very matter of child pornography and to propose amendments to the Films and Publications Act. The DA would like to know what has happened to the proposed amendments from the task team. I am sure that the hon Minister will remember that, in last year’s Budget Vote, I called for the amendments to be made public so that we as MPs and civil society could be engaged in the matter.
The DA would like to see amendments to the Films and Publications Act, that would include an obligation on the service provider to shut down any child pornography site, once the authorities have identified it and notified them, and that section 27 be amended as it places two provisions on police officers, namely that before a search warrant is issued police offers have to obtain a certificate from the Director of Public Prosecutions here in Cape Town enabling the magistrate of the relevant district to issue a search warrant. Secondly, that police officers have to travel all the way to Cape Town simply to obtain a certificate from the Films and Publications Board which states that the confiscated material has not been classified. These requirements are an absolute waste of time, money and resources.
In combating child pornography we must remind ourselves that every child pornography picture represents a child who has been violated, a child whose life has been destroyed, a child whom we as legislators have failed. I thank you. [Applause.]
Prince N E ZULU: Madam Speaker, well, it’s unfortunate that the Chairperson of the Portfolio Committee on Home Affairs has not been able to understand the dynamics of appealing the Constitutional Court ruling on one side on the Home Affairs regulations while at the same time complying with the ruling. The reading of law and democracy enjoyed in the country seems to be difficult for the portfolio committee chairperson to absorb - after all he has just joined the portfolio committee - it’s not surprising.
The Treasury is faced with transfer payments of about R40 million, this in the coming financial year, to the IEC for the coming general election. This is a substantive amount for a worthwhile cause. But for how long are the results of that election going to remain valid in the face of the floor- crossing legislation before they are depleted and undermined in the eyes of the same electorate that produced them.
The country pays for the mandates it gives to the political parties to run the affairs of the nation according to tallies counted at the end of an election. Responsible politicians will guard against those mandates and don’t obliterate them to the detriment of the fiscus. If this law was born at a time of constituency-based elections this debate would be different. As it stands now, it’s like a prematurely born baby born in haste and grappling with a sliding opportunity.
In every election the IEC ensures that each election is fair and free of any ambiguity. The strength of the parties is declared by the IEC as the end product of its fairness. When that end product is changed to suit party A against party B, it no more represents the fairness declared at the end of the election and the credibility of the process that consumed millions of rands from the state coffers simply becomes nothing more than a token.
However, it is hoped that the floor-crossing legislation will not affect the morale of the IEC. Notwithstanding the above, the IFP supports the Home Affairs Budget Vote.
One of the outstanding features of the IEC is to promote co-operation with and between persons, institutions, governments and administrations for the achievement of the IEC objectives. Floor-crossing legislation, instead of promoting such co-operation between persons, has created a major discord among those who have escaped through the window of opportunity, no matter what their personal reasons are. In fact, personal reasons don’t play a part in the arena of our work as politicians but party mandates are the dictums.
Each of us in this House, carry the votes of thousands of voters for the parties we represent. I carry no single vote for myself. My name was not on the ballot paper. I am only a servant of my party placed here purely on a party proportional-list system to serve the interest of my party. I carry no free mandate.
For that and other reasons, the Constitutional Court could not pronounce itself on the morality of floor-crossing. The freedom fighters, during the days of the struggle cried out to the world that apartheid laws were immoral and an affront to humanity. Where do we stand now with this piece of legislation in terms of the morality of our laws?
The IFP calls on political parties that did not support the passage of this legislation in this House to engage in research as to the level of destabilisation of the parliamentary standards set by the 1999 general election results. Well, I know the majority party would not like the results of that research but they’ll be a concrete reflection of the level of destabilisation caused by the legislation they initiated.
The portfolio committee, over many years, has been urging that the Department of Home Affairs was terribly understaffed and could not reach its targeted efficiency levels with such a limited number of personnel. However, we are heartened to echo the announcement by the hon Minister today that the moratorium that exists in the filling of the vacant posts have been partially lifted in the 349 critical posts - that is welcome news. But the number is too small compared to the number of unoccupied posts in the department.
Home Affairs ports of entry are the underbellies of the South African nation and need to be properly staffed with the most efficient and highly trained members of society. The IFP policy recognises that the Ministry of Home Affairs is charged with difficult and complex tasks, which require a high degree of competence and integrity. Many important elements of government policy depend on the efficient performance of this Ministry in facilitating freedom of expression and movement, preservation of society values and domestic harmony.
The Department of Home Affairs personnel should be recruited from the best and most talented and should offer the citizen, the would-be citizens and the visitors, the most efficient service available. According to one of the former chairpersons of the portfolio committee - there he sits - the staff at ports of entry are the face of the nation and the bedrock of the country, so he said. Foreigners entering the country see them first before seeing the head of state. Therefore, they must be a shining symbol of the country.
If wishes were horses, the bulk of the 349 posts would be allocated to border offices. However, we applaud serving members of staff of this department who, despite the shortage, are able to stretch themselves and reach out to any identified need over and beyond their job descriptions. We thank you ladies and gentlemen for your dedication to serve your nation.
We call on all those who could not bear the pressure but decided to emigrate to Europe to reconsider their frustration for the sake of this new nation which desperately needs their skills and talent.
The service delivery points of this department to its citizens and foreign nationals is contained in programme 2 of its budget estimates. Of the many deliverables, one of them is travel and passport matters, which is adequately addressed in the new Immigration Act. The Act provides about 14 types of permit systems for entry and exit purposes. It’s unfortunate that this law has taken so long to enter our country’s Statute Book and be implemented according to its regulations, still in draft form. The process has been arduous and causes unnecessary delay, which has given a breathing space for illegal immigrants to violate our borders without checks and balances.
If the permit system envisaged by the drafters of the legislation were adopted as they were, South Africa would be one of the countries in the world with amenable and user-friendly border registration to both citizens and foreigners, reducing the risk of back door immigration and promoting the prospects of foreign skills and capital coming into the country. Back door immigration bears a detrimental effect on the upkeep of the country. All citizens have documents to prove their existence - so must the foreigners.
Some people think that Home Affairs is the enemy of the foreigners which is a wrong perception, of course. What Home Affairs wants from the foreigners are the documents that prove their existence in the country so that they may enjoy the liberties provided for them, in our Constitution.
The President has charged the country to alleviate all levels of poverty and hunger in the country, but this cannot be achieved if Home Affairs has no statistics of all the people who live in the country.
Foreigners need to work for their living. They need to receive medical assistance when necessary. Their children need to attend school and enjoy all liberties enshrined in the Constitution of South Africa, provided they come forward and prove their existence in the country.
It would be a sad day for foreigners if they wait for law enforcement agents to visit them in their apartments and settlements as the case may be. Because, they will think South Africa is harsh on them and unsympathetic to the conditions obtained in their countries. Whereas the Constitution and the law of South Africa passed recently by the hon Minister of Home Affairs provides for their wellbeing. Foreigners are welcome if they come forward and register their presence with the Department of Home Affairs officials. Foreigners are welcome in our country. I thank you Madam Speaker.
The DEPUTY MINISTER OF HOME AFFAIRS: Mr Chairperson, hon Minister of Home Affairs Shenge, members of the portfolio committee, hon members, officials of the department, dear friends, two days ago we bade farewell to one of the foremost stalwarts of the struggle for the liberation of our people. We saw fit that on this day of presenting our Budget Vote to this House we dedicate this occasion in honour of this servant of our people.
Throughout his life iSithwalandwe Walter Sisulu taught us that it was possible to serve and to give to humanity, even as an ordinary man who occupies no office of note in Government. With only a heart befitting a father of a nation, without a plush office and control of millions in budget, he made a lasting impression and set an example of true selflessness to his people. His own life, as if by destiny, had been intrinsically linked to that of the ANC, the movement to which he dedicated his whole self for the love and patriotism he felt for his country. He committed himself to resolving all South African problems and to building a nation united, democratic, nonsexist and devoid of poverty and hunger.
Allow me at this point to congratulate Mr Barry Gilder on his appointment by Cabinet as the new Director-General of our department. [Applause.] His appointment, having been timed by history to coincide with the period of mourning and celebrating the life of Walter Sisulu, should place on Mr Gilder the challenge to emulate this great leader who was the ultimate public servant. Sisulu understood and embraced the core values that should underpin our work as public servants, such as humility, honesty, good governance and a great sense of love for the people we serve. The public that we serve expects no less than this. And as you take up your responsibility, we hope that these would be the values to which your leadership will direct our department.
As we present this Budget Vote to this House today, we speak without fear of contradiction that at the time of his death, Tata Sisulu was a happy man who believed that this Government is firmly on track towards achieving all those things for which he fought. His rest will be an even more peaceful one in the knowledge that those of us in the leadership of this Government have committed ourselves to going beyond the current gains that have been made in building a better South Africa and for generations to come. And for as long as we hold true to this commitment, his legacy will prevail and will never perish.
It has been another 12 months since we last came to this distinguished House to present to you our plans for the previous year, and we had requested your support in passing a budget that would realise those plans. As the hon Minister has already done, we come back to you here to report on the progress we have registered towards the attainment of some of those plans.
The Department of Home Affairs has been undergoing several changes that have had an impact on our operational, programmatic and legislative imperatives. I will try and address some of these and the relevance of their impact on the work that we are doing as a department.
At a structural level the previous year saw us grapple with the implementation of the restructuring process as dictated by Resolutions 7 and 8 of the Public Service Collective Bargaining Council. As the entire Public Service moves towards the conclusion of this process, it has brought to the fore a few things that will require our urgent attention if we are to realise transformation priorities within our department.
At the end of June, when the resolution stops its effect, we will need to roll out a plan for thoroughgoing transformation within the department. This plan will have to ensure that our conceptualisation of transformation goes beyond just ensuring representivity and parity, but also strives to build a machinery that is efficient and effective, and to position our human resource as an asset committed to serving society with diligence and care.
We have already been in discussion with our top management and raised our concern that it is unacceptable for a department that operates in this era not to have a single female at the level above that of a director. As the department finalises our current establishment investigation and the restructuring process, this matter will have to receive urgent attention.
As hon members will understand, the process of implementing the new Immigration Act has not been an easy one, and I believe that this largely owes to the fact that migration itself is an area of complexity and it tends to generate conflict. We have a lot to learn from our own processes, however, and we will always strive to handle similar complexities much better, should they arise in the future, as we overhaul our policy regime.
For its part, the implementation of the new Act is allowing us an opportunity to move away from an era when immigration of foreigners into our country was regarded as a burden for the state, as opposed to being an opportunity for them to contribute to the rebuilding of our country alongside ourselves.
It is incumbent on South Africans, as leaders of the AU and the Nepad programme, to prioritise Africa in our planning, in our policies and in the implementation of our programmes. The Department of Home Affairs has a central role in the process of changing the general attitude that our people in particular hold about people from other parts of our continent. This will require a general reorientation on our work, particularly in the area of immigration, by retraining our immigration officials.
In this regard, it also gives me great pleasure to report that Government has become a significant partner in the efforts to educate our people about the dangers of xenophobia and to stem out the prejudice that results in the ill-treatment of foreigners who come into our country, specifically those from the rest of the African continent.
It is important for the state to take responsibility for making the public aware that foreigners who come into our country are capable of integrating into our communities and helping us in the reconstruction process. We should always remember that before they were forced to flee the familiar environments that had been their homes all their lives, into unknown destinations, each one of those refugees had once been a loving father, a devoted husband, a loved son, a wife, a mother, a daughter, and that they are as ordinary and human, with normal fears, hopes and dreams just like each one of us in this House.
We also had an opportunity to participate in the discussions aimed at finalising the protection agenda for refugees all over the world during the UNHCR Exco, held in Geneva at the end of last year. And I want to thank the hon Minister for allowing me and for giving me the opportunity to attend. The agenda itself places additional responsibility on member states to ensure improved protection of refugees within their borders.
In line with our undertaking of this responsibility, we are going to look at possible ways of improving the conditions of refugees in our country, and to address the many problems that were brought to our attention.
I’ve already requested that we investigate the possibility of establishing a refugee centre for women and children. These centres will allow us to give special attention to protection issues affecting the most vulnerable categories of refugees in any society. Modelled along the lines of the Esperance Centre that is run by the Catholic Church here in Cape Town, the centre would be able to look at issues such as skills training, health counselling and general development and upliftment of women and children refugees.
I must also recognise the presence in this gallery of the women who run the Esperance Centre for Women Refugees, led by Ms Nzwaki Mtshengu. [Applause.] At the beginning of the year Cabinet held its planning Lekgotla, which was intended at integrating different plans of the department into a common programme of Government and to identify Government’s priorities for the year. This new planning approach by Government is aimed at ensuring that there is integrated service delivery and seeks to avoid a situation in which departments operate in isolation.
Our own strategic planning session has recognised that it has become quite necessary for us as a department to focus on those priorities determined by the Lekgotla. Government as a whole has committed itself to moving with speed with regard to the finalisation of the Hanis system, and we are currently looking at plans for the rewrite of the National Population Register in order to improve its integrity.
The rest of the priorities identified by the Lekgotla will also form part of the focus of the department during the current year, and these include enhancing the capacity of the department by addressing staff shortages, improving security arrangements for top security documents such as IDs, passports, permits - which have become readily available in the black market - developing an operational procedure for border control and addressing the corruption activities associated with the ports of entry.
Hon members will remember that last year we raised serious concerns about the number of South African children who are not registered and thus are unable to receive Government services, such as education, child support grants, health care and other services to which they are entitled.
We also lamented the fact that by not registering these children, we are denying them their most fundamental right, that of having a name and identity that represent recognition of their existence as bona fide citizens with a claim to this beautiful and rich country.
We are proud to come back and report that officials in the department have taken heed of the call to seek these children and register them, and that currently we’ve administered a huge dent with regard to the problem of registration of our children. The Department of Social Development has expressed gratitude to us for making their work possible by providing enabling documentation that allows them to make progress in the registration of almost 3 million children who were outside the child grant system.
As the Minister reported earlier on, we must be doing something right. The problem is, however, still far from being resolved. Not only is our challenge that of addressing the current backlog of unregistered children, but also putting in place the best system that ensures that every child is registered at birth, without exception, whether they are born at home or at health facilities, whether in a marriage or through teenage pregnancy and whether their parents are homeless, rich or poor. In order to meet this challenge, it will be necessary that we move with speed to enhance the capacity of our regional offices as the implementing arm for service delivery so as to be able to reach more people on the ground.
The AU, launched here in South Africa last year, has now declared that the focus of the celebration of the Day of the African Child in June this year should be: ``Birth registration for all children of Africa.’’ We’ve taken this declaration very seriously and are currently joining hands in partnership with Unicef for the implementation plans aimed at making this a reality. We are highly encouraged by and grateful for the enthusiasm showed by agencies such as Unicef in providing some of the resources necessary to address issues and to address this campaign in particular.
The provision of IDs is one of the most important functions that we perform at Home Affairs, particularly because of the significance that these IDs have to the people of this country. Again, Tat’ uSisulu has provided us with an attitude to emulate. Whereas during the Defiance Campaign of the 1950s he led the people to burn their old dompasses, as we see in the photos all over the place in magazines and books, because they were tools that were used to oppress them, until his death, however, he had carried the new green book with pride, and he believed that it provided him with dignity and pride as a South African.
As we approach the general elections next year, we have a responsibility of ensuring that every deserving South African has an enabling document to allow him or her to exercise his or her hard-earned right to vote in the elections. With the scarce resources at our disposal, we’ve taken a decision to roll out this campaign as part of our core business of providing every citizen with an ID book, and the additional special allocation from Treasury should be used to bolster this operation.
We’ve already been in consultation with relevant stakeholders. I learn that the officials have been attending workshops with the IEC, the school authorities and community leaders with regard to the roll out of the campaign. It is our intention that not a single South African must remain without an ID, and that the department has a responsibility to allocate equitable resources, based on need, to all corners of the country to ensure that this happens.
The Films and Publications Board is funded from this budget, and I should indicate that as the Ministry responsible for the board, we have been satisfied with the amount of work that they put into addressing their key mandates. The board is responsible for control and regulation of films and publications intended for distribution or exhibition within the republic by means of classification or exemptions.
The Films and Publication Amendment Bill that the hon Minister will introduce in this House during the current session is aimed at enhancing the capacity of the board and law-enforcement agencies to deal more effectively with noncompliance with the law, specifically with regard to the issue of combating child pornography images.
And I want to promise the hon Zulu and acknowledge the issue he has raised as a matter of concern. In fact, the Films and Publications Board should be seized with the matter whether in fact people should go to the Constitutional Court to appeal on issues of morality and claim that it is correct to possess child pornography. I am really taking that comment very seriously and it applies to the issue raised by the hon Waters. It is unacceptable that anyone, any South African, should possess images of child pornography, and we are doing our best to sort out this problem. It is a big problem. It’s like a new toy around town, particularly here in South Africa.
The board is also currently involved in a schools internet safety project aimed at educating school children and teachers about the responsible and safe usage of the internet in schools. And these are some of the things … It is easy for us to make some of the demands we are making: ``Let’s have internet in our schools; all children should have access to the internet’’, etc. But we also have to look at the flip side of it. What is it that we are subjecting these children to? What is it that we are exposing them too? In fact, we are exposing them to, amongst other things, pornography, particularly child pornography.
We’ve also informed the House about the process of repositioning the Government Printing Works. The utility itself was established as a centralised national printing works responsible for meeting the printing and stationery requirements of the Government.
The current structural arrangements of the Government Printing works have been a cause for concern, and Cabinet recognised the need for its restructuring and repositioning. The Auditor-General has also raised additional concerns with regard to the finances and general administration of the utility. Amongst these has been the adverse audit opinion, the collection of moneys from debtor departments and the writing off of stock. We are currently looking at the possibility of conducting an external investigation regarding these and other cases.
We have ongoing interactions that involve the Department of Public Enterprises and the Treasury in resolving some of these processes and finalising of the restructuring process, and we will report to this House on progress. May I conclude by reaffirming our commitment to improving the general service delivery approach of our department, and that we will from time to time come back to you to present our reports as required. May I also thank the officials of the department for providing me with all the support that I needed, as a new deputy Minister in the department, by briefing me on developments in the department, educating me and informing me about various processes involved in taking certain decisions about work done in the department. I thank you, hon members. [Applause.]
Mr S PILLAY: Chairperson, the vision of the department is to render a world- class service. Indeed, it is a noble vision. Its mission is to commit itself as required by stipulated mandates to determine and confirm status of persons by providing enabling documents in the interest of protecting and promoting the national integrity.
The mandates of the Department of Home Affairs include, civic services, births, marriages and deaths, identity documents and identification, citizenship, travel documents, passports and migration. Its core functions include civic services and migration. Of course to fulfil its core functions, it needs the necessary technology, human and other resources. The question is: Does this budget address these critical concerns? Secondly, does this budget in any way contribute in some tangible way to fulfilling its vision and mission?
Perhaps the hon Minister might take further time to provide us with the relevant clarifications. Recent visits to some Home Affairs offices revealed the following: In Johannesburg, long lines of people waiting and such people complaining that they were being sent from one counter to the other by impatient officials, and at the end of the day told to return the next day.
In the Braamfontein office that deals with refugees people wait from 7am, and at any point during the day the whole street is blocked with people trying to access the office and the officials. This goes on day day after. Ultimately the majority are denied access to the office by using one pretext or another.
The office in Alberton is orderly and efficient. Problems are managed without delay. Even though the office deals with huge numbers of people, somehow they seem to get it right. Again there is a question, why are there such contradictions. Again perhaps the hon Mininister will find time to give this House a clear explanation and, furthermore, take active steps to remedy this chaotic situation where it exists.
In February 2003, the hon Minister stated that the Department of Home Affairs had 1915 vacant posts of which 374 were at the Head Office, Government Printing works had 358, Western Cape region 68, Eastern Cape region 57 Northern Cape 30, KwaZulu-Natal 74, Limpopo 84, Mpumalanga 97, Gauteng west 97, Gauteng east 88, North West 90, Free State 46 and 452 post that were frozen.
Again he stated that Cabinet approved only the filling of 349 posts. This raises a very critical question. In such an environment with so many vacant posts, how can anyone expect the department to function effectively. The Hanis project cost continues to escalate. One has to consider just what the final cost would be. Can this proposed budget contribute in any meaningful way to it? Maybe the Minister would give us some explanation and take the necessary remedial action.
Another of the great concerns is that it is a fact that there is such a wildspread corruption by persons, excluding Department of Home Affairs officials that appear to be able at will to produce SA identity documents, passports and other documents, thereby directly defeating the purpose of the department in terms of its vision and mission.
Maybe the Minister can explain to us what portion of this proposed budget will be used to ensure the integrity of our national identification as citizens and bring to book such perpetrators that exist in this country. This budget should also seek to address issues that could determine whether or not people receive their IDs in time to vote in the forthcoming elections. With such a huge staff shortage, I fear this may not be the case, especially in the light of the fact that the Minister, in his reply to the House on Wednesday, said that he intends to allow noncitizens that have permanent residence to take part in the forthcoming elections. Does he have sufficient staff to allow this to happen? Does this budget cater for this purpose?
It will give all South Africans a great sense of relief if we have to receive reassurance from the Minister that there is sufficient personnel to manage a daily work in addition to the forthcoming elections. Again, it will be more encouraging if the budget would seek to enhance the conditions of employment of staff in this department.
Everyone has the life registered from birth and at death. So everyone of us has a vested interest in ensuring that this department functions effectively. Orange Farm is a typical example of an area where there are no facilities for home affairs. In addition to unemployment, the residents experience great hardships in trying to obtain ID documents. Thank you.
Mr G T MADIKIZA: Chairperson, hon Minister and hon members, the Budget Vote before us today is aimed at realising, protecting and regulating the individual status, identity and supporting services to the citizens of South Africa. It is the often unacknowledged foundation upon which most democratic rights and services are built. It should go without saying that this vital task must be performed effectively and efficiently, because this budget directly affects everything from protecting this country from illegal smuggling across our borders to the access of the poor to social grants.
Unfortunately, the department has been beset with a range of problems that cannot be ignored any longer, because Parliament continues to approve budgets whilst the returns do not materialise. Hardly a single decision by the department occurs without it being turned into a political battle between the hon Minister and the ruling party. Hence, we have seen the unnecessary costly and lengthy process of drafting proper migration legislation. Similarly, the long and winding issues surrounding the Director-General of the department. In addition, there is the issue of the high number of vacancies at senior management level in the department for an extended period.
Finally, the department is regularly the respondent in court cases that are costly. This litany of challenges in the face of the immense task expected from the department is a recipe for disaster. During the course of the coming year, this budget has to provide for such far-reaching matters as the highly sensitive home affairs national identification system process - the electronic document management system and the upcoming provincial and national elections.
The UDM would appreciate this budget translating into a greater commitment to rolling out home affairs offices and services to all regions in the country. Because in many areas, often those where poverty is endemic and people are dependent upon grants, the lack of home affairs services present a real obstacle to those who want to avoid starvation.
In the face of such massive responsibilities and a tight budget, it is clear that the department will have to approach the coming year with a renewed emphasis on service delivery. For far too long, the focus has consistently been on periphery issues which seem always to generate into political battles.
The UDM appeals to the hon Minister to spearhead this renewed emphasis on service delivery. We urge all to support the Minister wholeheartedly, since he was after all appointed to fill this position. Political bickering surrounding this department could cost this country and its citizens dearly, and nullify the billions of rands that we are approving in this budget today. The UDM supports the Budget Vote. I thank you.
Ms M M MAUNYE: Chairperson, hon Minister, hon Deputy Ministers, comrades and hon members, I stand in support of the budget allocation for the Department of Home Affairs. Secondly, I want to congratulate Mr Barry Gilder on his appointment as the director-general of the department. [Applause.]
I dedicate my speech to the baby orphan we met in Mqanduli during our recent study tour to the Eastern Cape. The baby was in the care of the grandparents as both the parents had passed on. When I looked at the baby I saw a cute little child with a friendly smile, who touched our hearts. In the cool morning weather of the Eastern Cape, the baby did not have a vest or napkin on. He was wrapped in a towel. The grandparents could not access the child support grant for the baby, because they did not have the valid documents to apply for the child’s birth certificate. If we are really to push back the frontiers of poverty, we need to do something about such cases and do it fast. [Applause.]
The focus of this debate will be on civic and auxiliary services in the department. This is a very important section within the department, because it deals with birth and death certificates, the issuing of IDs and passports, and also the maintenance of the population register.
Of great concern to me is the population register, which has been in existence for more than 30 years and has never been improved. It still reflects the philosophy and thinking of the old order. This register needs to be rewritten to reflect the new philosophy and thinking of the new South Africa. It needs to incorporate all the citizens of the country, including those who resided in the former homelands of Transkei, Bophuthatswana, Venda and Ciskei, and those foreigners who acquired legal citizenship of the country.
The department has indicated that it is in the process of appointing a project team to deal with the matter and that it will invite tenders as soon as possible. An amount of R32 million has been allocated for this process. We urge the department, when rewriting the population register, to pay attention to the details of people’s names and surnames.
Secondly, the officials that will be responsible for the whole process must pay attention to the issue of date of birth, as people in many rural areas of our country are unable to access their pension grants because their birth dates are wrongly recorded. This leads to a situation in which people are unable to benefit from programmes that are designed to alleviate their plight.
Next year, South Africans from all walks of life will be going to the polls for the third time under the new democratic dispensation. We need to mobilise our people to get their ID documents - those who are first-time voters and those who, for some reason or another, do not have their ID documents.
Our people must understand the fact that for them to access services from any government department, an ID document is crucial.
We also call on Government to assist the unemployed and the poor with ID document photos. I must emphasise the point that people must not think that IDs are only important for elections, but that they are important throughout their lives. Timeframes should be set when a person applies for an ID document, passport or any other document. The Department of Home Affairs needs to develop a strategy of distribution of the documents once everything has been done.
We suggest that one solution could be the parliamentary constituency offices and traditional authorities in areas where they exist. If this suggestion is to be carried forward, rules and regulations should be laid down as to how this is done. There should not be unevenness in the application of rules.
Another important point that I want to raise is the question of security in the Home Affairs offices, especially those in rural areas where some of the offices are made of corrugated iron. Clearly, there is no security and it is easy to break into those offices. As a result, identity documents and birth certificates can get stolen. The safekeeping of records and documents such as these are a core function of the department.
Hon Minister, on several occasions you have made mention of the point that civic services need to be devolved to municipalities. This is of concern as some municipalities are financially incapacitated, and by doing this we would be burdening these municipalities. In order for us to do this, we will need an Act of Parliament.
There are about five pieces of legislation that need to be amended, but I am only going to touch on three of them. The first one is the Identification Amendment Bill. The Bill introduces the issue of electronic data capturing and verification, which is extremely important for the implementation of Hanis. We urge the department to speed up the process so that the Hanis project can come into play. Hon Annelizé will elaborate further on the issue of the Hanis system.
Also urgent is the electoral Bill that will deal with the elections next year. We urge the Minister of Home Affairs and the Minister for Justice and Constitutional Development to meet as soon as possible and take the process forward. The third piece of legislation is the Marriage Amendment Bill, which should also be hastened as the Bill seeks to establish control measures on fraudulent marriages and marriages of convenience.
We will call upon the SA Council of Churches to assist the Government in this effort as it is becoming evident that some ministers of religion are abusing the system for their personal gain, like making affidavits for foreigners to get South African citizenship fraudulently.
The annual report for 2001-02 of the department states that the electronic document management system would make information easily available to authorised individuals at work stations. Yes, hon Minister, we are slowly moving in the right direction.
The financial state of the Government’s printing works is unhealthy. This has been confirmed by the recent report of the Auditor-General. The report cites the following, and I quote:
… there is R138 million, which has been outstanding for more than 120 days, and under Treasury Regulations, overdue accounts should be subject to an interest charge.
Also, another important issue regarding the printing works is the use of an overdraft facility without authority from the National Treasury, as required by law. We urge the department to follow the right processes of the Treasury.
Modula Setulo, ke tlilo bua ka child pornography, e leng lebitso leo re senang lona Sesothong. ke tla e bitsa thobalo ya bana ke batho ba baholo; e leng ntho ya bohlokwa e re tshwentseng. Hobane ha o le motswadi o hlokofatsa ngwana, ho a makatsa na e be maikutlo a hao yebe a reng ha o etsa ntho e jwalo. Re kopa haholo hore molao, Letona le kgabane, o ke o thatafatswe haholo mme, le ho fetolwa ha Film and Publication Act ho etswe ka potlako e le hore batho ba tlolang melao e jwalo ho nkuwe dikgato tse boima kgahlanong le bona.
Re tla boela re kopa le hore le thobalano ena ho be le mokgwa oo ka ona ho ka kgonwang ho etsa hore ho se ke ha eba bobebe hore bana ba kgone ho e fumana ho Internet. (Translation of Sotho paragraphs follows.)
[Chairperson, I would like to talk about child pornography. We do not have such a word in Sesotho. Therefore I would call it sex with children by adults, which is the most disturbing problem for us. It is surprising that a parent who abuses a child has a conscience at all. We therefore appeal to the hon Minister that laws should be more strict, and also that the Films and Publications Act be amended soon, so that those who break the law should be dealt with accordingly.
We also appeal that the Internet should be structured in such a way that children cannot easily access pornography.]
The CHAIRPERSON OF COMMITTEES: Order! Hon member, your time has expired.
Ms M M MAUNYE: Ho mpe ho etswe matsapa hore bana ba seke ba kgona ho fihlella Internet. Ke a leboha Modula Setulo [Ditlatse.] [Serious precautionary measures should be taken for children not to access the Internet. Thank you, Chairperson. [Applause.]]
Dr P W A MULDER: Mr Chairman, one of the most important tasks ahead of the Department of Home Affairs and of the Minister for the next 12 months will be to prepare South Africa for its next general election in 2004.
The legislation relevant here is the Electoral Act, Act 73 of 1998. In the 1994 election all South African citizens could vote, including those abroad. Currently South Africans abroad cannot vote. We have the opportunity to correct this problem with the Amendment Act that is shortly being presented in Parliament.
Sir, we live in a global village. A world where your skills determine whether you live in South Africa or in any other country in the world. Thousands of people from Africa, from Australia and from Europe currently work in countries other than the one which they are a citizen of. Therefore, most countries make provision for allowing their citizens to vote abroad in their electoral Acts.
Belgium had their general election yesterday. The first Belgium citizen who voted, lives in Australia and the second one voted from Japan. In total 16 000 Belgians, currently abroad, took part in the elections by voting at the Belgium embassy in the country where he or she is currently residing.
We will all recall how votes were counted in the state of Florida during the election of the American Presidency. During that process it was pointed out by the observers that votes outside of the United States, counted in Florida, could have an influence on the outcome.
The Constitution of South Africa determines in section 19 that every adult citizen has the right to vote, yes, including prisoners. In 1999 the Independent Electoral Commission lost a court case regarding this and were legally bound by the court to make provision for prisoners to vote.
The question is, why do criminals have the opportunity to vote, but law- abiding citizens abroad are not allowed to vote? Must the principle of South African citizens voting abroad, also first be tested in the courts before found unjust?
The counter argument is that it is very difficult, logistically, for South Africans to vote in other countries, and I understand that. But, the fact is, however, that the law already caters for all embassy personnel, including members of their household, to vote abroad at the various embassies. It would take a minimum effort to expand this voting opportunity to South African citizens abroad. In practical terms, a South African citizen could first register at his or her embassy and then all votes could be counted in one province, for example Gauteng. By making a small adjustment to the current clause 7 of the Amendment Act, we can overcome this problem.
Meneer, deur ‘n baie klein wysiging aan artikel 7 van die Wysigingswetsontwerp, kan ons hierdie probleem oplos.
Duisende jong Suid-Afrikaners werk tans vir twee jaar in Brittanje met ‘n statebondswerkpermit. Daarna keer hulle terug na Suid-Afrika.
Die VF het ‘n jeugtak in Londen, wat baie sterk hieroor voel en wat verlede jaar ‘n versoek gerig het om in Londen te kan stem. Binne twee dae het hulle 400 handtekeninge gekry van Suid-Afrikaners in Londen wat wil stem - van alle partye. Ons het nie net ons eie mense gevra nie, maar ook u mense. Hierdie petisie is deur hulle aan die Adjunkhoëkommissaris in Londen, mnr Johannes, oorhandig. Die VF het ook verlede week hierdie voorstelle in Pretoria gedoen.
In my beperkte tyd, wil ek ook ‘n tweede saak aanraak. ‘n Fransman, ‘n Nederlander of ‘n Belg wat Suid-Afrika as toeris wil besoek, het tans geen visum daarvoor nodig nie. Die omgekeerde is egter nie die geval nie. As ‘n Suid-Afrikaner België, Nederland of Frankryk wil besoek, het hy ‘n Schengen- visum nodig.
Waarom hierdie diskriminasie teen Suid-Afrikaners? As u al vir so ‘n Schengen-visum aansoek geprobeer doen het, sal u weet hoeveel moeite, koste en probleme dit meebring. Burgers van ander statebondslande, soos Australië en Nieu-Seeland, het nie so ‘n visum nodig nie. Waarom het Suid-Afrikaners dit nodig?
Ek stel voor dat die Departement van Binnelandse Sake ondersoek instel of ons weer visums vir toeriste uit hierdie lande kan instel totdat hulle nie meer teen ons diskrimineer nie. Dalk kom ons dán hierdie lande forseer om hul eensydige diskriminasie op die visumvlak teen Suid-Afrika te verander.
Ek is nie seker of daar Afrika-argumente daaragter is, of wat die rede daaragter is waarom Australiërs kan gaan, maar Suid-Afrikaners nie kan gaan nie. (Translation of Afrikaans paragraphs follows.)
[Sir, we can solve this problem with a very small amendment to section 7 of the Amendment Bill. Thousands of young South Africans are at present working for two years in Britain with a Commonwealth work permit. Afterwards they return to South Africa.
The FF has a youth branch in London which feels very strongly about this and made a request last year to be able to vote in London. Within two days they gathered 400 signatures of South Africans in London who wanted to vote, from all parties. We did not only ask our own people, but also your people. This petition was handed over by them to the Deputy High Commissioner in London, Mr Johannes. Last week the FF also made these proposals in Pretoria.
Sir, in the little time at my disposal I would also like to touch on a second matter. At present a French man, Dutch man or a Belgian who is visiting South Africa as a tourist needs no visa for that. However, the opposite is not the case. If a South African wants to visit Belgium, Holland or France he needs a Schengen visa.
Why this discrimination against South Africans? If ever you have tried to apply for such a Schengen visa you will know how many difficulties, costs and problems are involved. Citizens from other Commonwealth countries such as Australia and New Zealand do not need such a visa. Why do South Africans need it?
I suggest that the Department of Home Affairs investigate whether we can reintroduce visas for tourists from these countries until such time as they no longer discriminate against us. Perhaps we might then force these countries to change their unilateral discrimination at visa level against South Africa.
I am not sure whether African arguments are behind this, or what the reason is why Australians can go, but South Africans cannot go.]
Mr I S MFUNDISI: Chairman and hon Members, Home Affairs is the doorway to all people through registering their births, marriages, deaths, travel and their refugee status. It is therefore imperative for the department to come clean on the execution of these duties.
There is great concern in the public regarding services to citizens. The department has set itself the objective of equipping citizens with valid identity documents and record their information in the population register. One is struck by the growing number of invalid identity documents the department churns out. Wrong photo’s on individual’s ID’s, wrong dates of birth and incorrect spellings of names and surnames keep surfacing regularly.
What is mostly worrying is that it becomes an ordeal to the affected citizen to have such errors rectified by the department in terms of time and cost. Such ineptitude should not occur in a department that deals with the lives of people and has Batho Pele as its ethos.
What is also disconcerting is that the department has set as its target to produce 95% of all passports and identity documents within five weeks and two months respectively. One wonders who has to produce the other 5%. Our call is that the department should strive for 100% in all they do.
Marriage laws that are in use are antiquated when one takes into account the present dispensation. It is unjust these days to have a law that states which person of which colour should marry who.
The UCDP recommends therefore that Ministers of religion who serve as marriage officers retain their status permanently as long as they are in good and regular standing in their churches. A transfer from one area of jurisdiction to another in the Republic should only be reported by way of information without the need to produce a new appointment by the department.
As we head for a general election it will be ideal to intensify the campaign for the provision of ID documents. If that is mounted, far flung nooks and crannies of this country, where the most disadvantaged and the poorest of the poor live, should be visited as a matter of priority. We note, however, what the Minister said this afternoon, in terms of the arrangement his department has mounted.
The IEC is doing great work as the custodian of democratic elections, but it will have to be more independent and assertive in resolving disputes. The commission must pronounce without fear, favour or prejudice on such matters. It is unfortunate for a Chapter 9 institution to say to the courts: ``Make a ruling as long as you don’t make us pay for the costs’’.
Finally, we congratulate Mr Gilder on his appointment as Director-General of the department and hope that other departments, some of which have been running without directors-general for over two years, will follow suit. The UCDP supports the Budget Vote.
Ms S RAJBALLY: Thank you, Chairperson and Minister.
The aim of this department as stipulated in the Estimates of National Expenditure 2003, and I quote:
… to protect and regulate the interests of the inhabitants of the Republic of South Africa, in respect of their individual status, identity and specific rights and powers, and to promote a supporting service to this effect,
is supported by the MF.
The above task is obviously challenged by the population dynamics and though the system is acknowledged to have a number of loopholes, the MF is confident in its ability to perform efficiently.
The Budget Speech delivered by the Hon Finance Minister in February 2003 was met by public satisfaction. Over the years public dissatisfaction with the administration and service delivery of the department has been pronounced quite loudly by the media. Lost identity and passport applications, painstaking hours in queues and documentation errors are but some of the complaints.
However, the MF has placed confidence in the department’s ability to overcome these loopholes. Especially through the programmes adopted, it is hoped that the increase in budget allocation made to the administration programme would be sufficient to fulfil this sector’s needs.
The MF finds the service to citizens as very important, to which efficient management is a must. It is hoped that the substantial increase in budget allocation to this programme would be utilised wisely. Service delivery needs to be more visible and alternatives must be administered to avoid delays.
The programme auxiliary and associated services appear intact and are supported. The MF wishes the department well in attaining their aims over this financial period.
The MF supports the Budget Vote. Thank you. [Applause.] Ms ANNELIZÉ VAN WYK: Chairperson, hon Minister, hon Deputy Minister, members of the House, let me first take the opportunity to thank my colleagues within the study group for giving me the opportunity to speak in this debate.
Almost 10 years into our democracy, we need to do an honest assessment of where we stand in achieving a better life for all. Ours is a constitutional government guaranteeing constitutional rights to all its citizens. The basis of citizenship, which enables access to these rights, lies within the Department of Home Affairs. It is a matter of serious concern to the ANC that, within the Department of Home Affairs, many of the issues that concern us in 2003, remain the same issues that concerned us in 1994.
The Department of Home Affairs plays a pivotal role in the promotion, protection and fulfilment of the rights of all citizens of South Africa, as entrenched in the Bill of Rights. Our constitutional democracy imposed this duty, not on one single political party only, or on the legislature on its own, but on the executive and officials as well. We collectively share that responsibility.
The Department plays a central and vital role in Government meeting its stated objectives. This clearly demands commitment, dedication and close co- operation with other state departments. Within the department, this demands a far greater integrated strategic management approach in dealing with the duties of the department. Indeed, as the Deputy Minister quite rightly stated in the Department’s Strategic Management Plan, the Department of Home Affairs’ success will be measured through the impact it will have on the life of South African society.
The hon Maunye highlighted the problems and concerns regarding services to citizens. This is the most basic of Home Affairs’ duties, but also the most vital. It is the quality of these services that leaves a lasting impression with the department’s clients, the South African citizens.
In an attempt to address the shortcomings of outdated systems and its application, Cabinet approved the Home Affairs National Identification System, or Hanis as it is popularly known, on 17 January 1996. Hanis is a computer system intended to replace the old manual identity verification process. Automating the process would ensure higher accuracy at faster rates. A basic national identification system normally consists of a population register, means by which an individual can be identified and verified, and also an ID document. The motivation behind the need for a new system is clear. Firstly, the present ID document is frequently abused and open to fraud. Because of that the population register, which forms an integral part of a national identification system, is corrupt.
Furthermore, in order to produce it, a variety of materials are needed, and the manufacturing is time-consuming. Because of all the stated shortcomings, many no longer regard the current ID documents as absolute proof of identity.
Despite the obvious need for a new and updated system, the Hanis project is entangled in time delays and ado. In January 1996, Cabinet approved the system. In December 1996, a comprehensive tender was published. However, it was only in January 1999 that a tender was awarded, which, in turn, was only signed in November 1999. During January 1999, Cabinet suggested an investigation into the change of the Hanis card from a two-dimensional barcode card to a smart card. In 2000 the Minister launched the project. Shortly thereafter, the card portion was removed from the contract, pending an investigation into the smart card technology.
On 25 July 2001, Cabinet approved in principle the implementation of the national smart ID card project for the country. This smart ID card must form the platform for the integration of relevant government services, centred on the electronic identification of citizens and ensure interoperability, common standards and the elimination of duplication. Furthermore, there will be an integration of Social Development’s state pensions payment application onto the smart ID card.
The extended timeline of this project clearly indicates serious problems. Reasons for many of these delays are unclear and murky. The stated delays have forced many departments to go it alone, because progress was slow and frustrating. An example of this is the credit card type of licence system, implemented by the Department of Transport. This application was intended to be part of the ID card. It is important that co-operation between the Department of Home Affairs and other government departments be improved to ensure the ultimate advantageous use and implementation of the Hanis system for the country and for Government as a whole.
Delays also resulted in serious financial implications for the project specifically, and the Department of Home Affairs in general. Whereas the total project in 1996 was budgeted at R930 million, a card then costing R50, now, in 2003, it is estimated that the card component alone will cost more than R1 billion - almost three times the original cost.
Technology is ever advancing. At some point in time the line must be drawn, and the project must be implemented. DHA has reached that point as far as Hanis is concerned. The Department of Home Affairs made a bad decision in 1999 when it decided to remove the card from the tender and the project, pending the investigation into a smart card. The card is the driver of this project, and in the absence of the driver of the project, the project did not progress as it should have. The result of that decision is that the department now has a database that costs more than R800 million, which is virtually empty.
Currently, a mere 700 000 ID applications have been captured. The department has achieved, as the Minister outlined, an average of 6 000 applications records intake per day, but experience daily backlogs of 5
- According to the department, this is because of image capture problems technology considerations. In the light of this problem, it makes the R17 million roll-over earmarked for equipment to deal with image capturing that much more undesirable.
Populating the Hanis database is the most crucial part of the project. Knowing that the current population register is more than 30 years old, and the extent of fraud involved in the current ID documentation, populating the Hanis database is a huge challenge. Extreme care must be taken to ensure that those with illegal ID documentation are not part of the Hanis databases. Failure to do so would result in legalising those with fraudulent citizenship. This would provide them with access to all the rights and privileges of South African citizens and will result in a corrupt Hanis database.
The department is currently working with banks and the Post Office in an attempt to ensure that the data they are working with is life and active data. The ANC would like to make a positive suggestion to the department to make use of the voters role for next year’s general election in populating the database. This ought to be a trustworthy and extended source of life data that can be used in this process.
Despite all the problems, the ANC and Government remain committed to the Hanis system. It opens up very exciting possibilities, of which not the least the study initiated by the National Treasury on the possibility of the public-private partnership procurement model for implementing the card model. We urge the department to remove all remaining obstacles in the way, and to move forward with this process. This is a critical component of Government’s service delivery and everything possible must be done to expedite delivery on Hanis. We will support the department in every reasonable effort to make this a reality.
Lastly, let me address two issues that concern us greatly. The first one is corruption. Reports on corruption, involving the Department of Home Affairs, have become a regular occurrence. In the last two weeks there were at least two more examples reported in the press. In Umtata four women were arrested with fingerprinted ID application forms, IDs, birth certificates and health cards. An amount of almost R4 000, used to obain the illegal documents, has been confiscated.
The Sunday paper Rapport reports that more than 2 000 unemployed women from Port Elizabeth were married during the past year in a scam to give illegal immigrants residence and work permits. Further enquiries to the Department of Home Affairs revealed that his year alone they have already received a further 2 000 complaints from women who fell victim to these scams.
In Umtata, during a portfolio committee visit, people standing in line told
us, that they were agents'' operating with certain officials. If you paid
theagent’’ R20, you suddenly did not have to spend the whole day in
line, but were helped far quicker. Negotiations for a lower fee was tough,
because as the ``agent’’ indicated, the official must get half of the fee.
Apparently, this fee increases in the urban areas. These acts of corruption involve officials of the Department of Home Affairs. We cannot deny it. It undermines the work of the honest officials within the department. It simply still seems as if DHA is not curbing these acts of corruption sufficiently. The whole functioning of the department is jeopardised and disrupted by every single act of corruption, and by every corrupt official. Corruption of this extent indicates a deeply rooted problem. It must be rooted out without exception or favour.
The second issue is the determination of priorities within the department. No single government department will ever say that they are receiving a big enough stake of the national Budget. DHA is no exception. In fact, it clearly states that many of its shortcomings are because of financial constraints. As a portfolio committee, we will be the first to support a call for more funds. However, we must indicate our concern regarding the determination of priorities in the department. A point in case is the huge amounts of money the department spends on court cases.
A senior official highlighted the extent of this problem earlier this year when he, in response to a question by the portfolio committee, answered that it was good for the department to be involved in court cases. [Laughter.] With the available budget, the department needs to prioritise properly, addressing its core functions first. It needs to ensure that it spends its limited available resources where it matters. Corruption and unnecessary legal costs are a waste of the human and financial resources of the department, and takes away from the service delivery capacity of the department.
Ek wil alle Suid-Afrikaners vra om hul deel te doen om te sorg dat die burgerlike regte wat elke Suid-Afrikaner toekom, deur almal bereik word. Daar is ‘n positiewe rol vir elkeen om te speel. Maak seker dat die mense met wie jy in aanraking kom die, regte dokumentasie het sodat hulle toegang tot hul regte kan verkry. Meer nog, stel jouself en jou tyd beskikbaar en word deel van die vrywilligers wat met die ID-projek help. ‘n Paar uur van jou tyd kan ‘n lewensverskil maak in die bestaan van ‘n mede-Suid-Afrikaner wat hierdie dienste desperaat nodig het. Word positief deel van Suid- Afrika, en help aktief om só die grense van armoede terug te stoot. (Translation of Afrikaans paragraph follows.)
[I want to ask all South Africans to play their part in ensuring that the civil rights due to every South African are achieved by everyone. There is a positive role for everyone to play. Ensure that the people you come into contact with have the right documentation to enable them to gain access to their rights. Moreover, make yourself and your time available and join the volunteers helping with the ID project. A few hours of your time could make a change in the life of a fellow South African who needs these services desperately. Positively become part of South Africa, and help actively to push the boundaries of poverty back in this way.]
As I said at the beginning, DHA is an integral part of the service delivery of Government. Failure by the Department of Home Affairs hampers the service delivery of other departments. The ANC Government will not fail in pushing back the frontiers of poverty. It is the only way to provide a better life for all our people. This is a promise that we have made when freedom was achieved almost 10 years ago. This is what our people expect of its Government. This is the very least that our people deserve. The challenge for the Department of Home Affairs, and all its officials, is to play its important role in achieving this and to be judged by history as an agent for improvement, and not an obstacle in empowerment. [Applause.]
Mnr I J PRETORIUS: Agb Voorsitter, dit is vir my vanjaar ‘n besonder aangename voorreg om as lid van die DA aan hierdie bespreking deel te neem. [Tussenwerpsels.] Die eknievallery voor die ANC deur die Wes-Kaapse premier en die nasionale leier van die Nuwe NP het my, onder andere, genoop om op 21 Maart die besluit te neem om my gewig by die DA in te gooi. Die DA wil ons land en die belange van elke inwoner op ‘n positiewe wyse dien en ons onderskryf ook die grondbeginsels soos vervat in ons land se Grondwet, wat in 1996 deur die Parlement aanvaar is. (Translation of Afrikaans paragraph follows.)
[Mr I J PRETORIUS: Hon Chairperson, it is truly a great honour for me as a member of the DA this year to take part in this discussion. [Interjections.] This bowing down to the ANC by the Western Cape Premier and the national leader of the New NP compelled me, inter alia, on 21 March to make the decision to throw my weight in with the DA. The DA wants to serve our country and the interests of every resident in a positive manner and we subscribe to the basic principles contained in the country’s Constitution as adopted by Parliament in 1996.]
The Department of Home Affairs is one of the Government departments that has the most contact with the public but this department is treated rather badly by the Minister of Finance. On a friendly note, I would like to say that I wish to convey my thanks to Minister Buthelezi, Mr Ivan Lambinon, who acted as Director-General until recently, and the officials for the service they selflessly rendered under very difficult circumstances during the past year.
At the same time I wish to congratulate the new Director-General, Mr Barry Gilder, on his appointment as head if this very important department and offer him our co-operation. At the same time I would like to congratulate Prof Wilmot James who was today appointed as chairperson of the newly established Immigration Advisory Board.
There are many vacant posts in the department and this is one of the main reasons why the services rendered by the Department are not always up to standard. A second but most important reason is the fact that it took the Government seven months to appoint a new Director-General.
On 21 February 2003 Dr Mangosuthu Buthelezi confirmed in reply to a question that there are 1 915 vacancies in his department. At the head office there are 374 vacancies, and in the regions all together 731 vacancies. I mention some of the regions: In the North West there are 90 vacancies; in Gauteng West, 97; and in the Western Cape, 68.
In the state of the nation speech by the President on 14 February 2003 he stated that critically important posts in the department were going to be filled. Further to this, I put a question about the filling of these critically important posts and he replied that 349 posts had been identified and had to be filled. As a result of the issuing of Resolution 7, only 87 of these posts may be advertised; the other 262 posts must be filled by recruiting candidates from redundant staff members in the Public Service. This measure impairs the effectiveness of not only the Department of Home Affairs, but also every department that has similar problems. However, the department took the bit between its teeth and the 87 posts were at last advertised on 25 April 2003 - the other 262 posts have not yet been filled.
It is high time that the Government woke up and saw to it that the red tape and unnecessary obstacles to effective service are removed. Voorsitter, in die verkiesing van volgende jaar gaan die departement ‘n baie belangrike rolspeler wees, veral ten opsigte van die uitreiking van die staafkode-identiteitsdokument. Dr Buthelezi het reeds aangekondig dat die staafkode-identiteitsdokument die enigste vorm van identifikasie vir stemdoeleindes in volgende jaar se verkiesing gaan wees. Die spoedige uitreiking van identiteitsdokumente is dus van die uiterste belang.
Die hoofkantoor ontvang tans tussen 8 000 en 10 000 aansoeke om identiteitsdokumente daagliks. Hulle gee die versekering dat hulle dit binne twee maande kan uitreik. Die kontrolering van vingerafdrukke moet nog met die hand gedoen word, en dit is ‘n tydrowende taak. Dit is nietemin ‘n uiters belangrike taak, wat met groot omsigtigheid uitgevoer moet word. Dit is een van die struikelblokke waarmee die departement worstel, omdat die outomatiese kontrolering van vingerafdrukke nog nie in werking is nie. In hierdie afdeling behoort die departement 361 kontroleerders van vingerafdrukke te hê. Daar is tans ‘n tekort van 80.
Daar sal baie hard gewerk moet word om hierdie saak reg te stel. (Translation of Afrikaans paragraphs follows.) [Chairperson, in next year’s election the department is going to be a very important role-player, especially with regard to the issuing of the bar- coded identity document. Dr Buthelezi already announced that the bar-code identity document will be the only form of identification in next year’s election for voting purposes. The speedy issuing of identity documents is therefore of utmost importance.
The head office currently receives between 8 000 and 10 000 applications for identity documents daily. They give the assurance that they will be able to issue it within two months. With regard to the controlling of fingerprints it still has to be done manually and this is a time-consuming task. This is nevertheless a very important task that has to be carried out with great care.
It is one of the stumbling blocks with which the department is struggling, because the automatic control of fingerprints is not in place yet. In this section the department should have 361 controllers for fingerprints. Currently there is a shortage of 80 persons.
A lot of very hard work will need to be done to rectify this matter.] I should also like to focus on another aspect of the elections and that is the registration of voters. On behalf of the DA I wish to make an urgent appeal to the IEC to ensure that the process followed with the registration of voters is transparent, fair and just. We are, however, confident that the IEC will do everything in its power to ensure that malpractices and corruption are eliminated.
Finally, I trust that if it should appear that the two weekends envisaged for registering voters at the various polling booths are not sufficient, additional time will be made available.
Ek vertrou dat die Regering alles sal probeer doen om die personeelkrisis in die departement spoedig op te los. ‘n Ander saak wat dringend aandag verg, is die dispuut oor die toepassing van die bepalings wat ingevolge die Wet op Immigrasie uitgevaardig is.
Sodra die Konstitusionele Hof sy uitspraak oor die regulasies gegee het, vertrou ek dat die Regering en die pas gestigte Immigrasieadviesraad na billike kritiek sal luister en sal toesien dat die nodige wysigings aangebring word. Die Departement van Binnelandse Sake en die OVK speel ‘n belangrike rol om te sorg dat die grondbeginsels, soos vervat in ons land se Grondwet, gereelde en regverdige verkiesings en die bevordering en instandhouding van ‘n veelpartydemokrasie beskerm word. Indien ons sou voortgaan om hierdie suiwer beginsels in stand te hou en te koester, sal Suid-Afrika ‘n wenland bly. [Applous.] (Translation of Afrikaans paragraphs follows.)
[I trust that the Government will try to do everything in their power to resolve the staff crisis in the department speedily. Another issue that requires urgent attention is the dispute about the application of the provisions issued in terms of the Immigration Act.
As soon as the Constitutional Court has made its findings regarding the regulations, I trust that the Government and the newly founded Immigration Advisory Council will listen to fair criticism and ensure that the necessary amendments are made.
The Department of Home Affairs and the IEC play an important role in ensuring that the basic principles, as contained in our country’s Constitution regular and fair elections and the promotion and the maintenance of multiparty democracy are protected. If we were to continue to maintain and cherish these pure principles, South Africa will remain a winning country. [Applause.]]
Mr P M SIBANDE: Chairperson, Ministers, hon members, comrades and friends,
first of all the ANC supports the budget. I would like to thank the
gigantic organisation to which I belong - the ANC - for its unshakable
stance and for never deviating from its guiding document - the Freedom
Charter - from which I would like to quote the following clauses: The
people shall govern.'' The second one is:All shall be equal before the
law.’’ By quoting the above-mentioned clauses from the Freedom Charter, I
would like to remind the people from my left that the authors of the
document are the people themselves who came out in their numbers in 1994,
1995, 1999 and 2000 during national and local government elections to
endorse what was adopted during 26 June 1955 in Kliptown.
I would like to use this opportunity again to remind my fellow opponents that memories of good things and those of our dynamic leaders are there to stay but not to vanish. At the same time our leaders in the organisation I serve taught us that even with bad things that happened to us we must forgive but not forget because that forms part of our history.
Mgcinisihlalo, ngivumele ngikhumbuze ozakwethu abakhona kule Ndlu yesiShayamthetho nabo bonke abantu baseNingizimu Afrika ukuthi ubaba uSisulu ungomunye wabaholi bakaKhongolose abafaka igalelo lokwembula ukubola nezenzo ezinyantisa umzimba eMpumalanga, isabizwa ngokuthi i- Eastern Transvaal. Lapho abamhlophe basemapulazini bebebulala isizwe esimpisholo benze ngaso umanyolo wokuvundisa amasimu noma izivande zabo zamazambane. [Ihlombe.] Abaholi bakaKhongolose ngoba bona bengayidli imbumba, yibona abema bathi qingqo beya phansi naphezulu ukwembula lezi zenzo zobudlambedlu.
Phakathi kwabo abaholi bakaKhongolose, ubaba uSisulu wayebambisene nobaba uNelson Mandela okunguyena owayengummeli, ubaba uGert Sibande owayengumholi wase-Eastern Transvaal, ubaba uSlim Dick Mtsweni owagcina ebulawelwe eBotswana ekuhlaseleni kwezigayigayi zamasotsha ayenonya ombuso wobandlululo. Angimlibali ubaba osadla amabele, ubaba uKhumalo owaziwa ngokuthi uZablon Dlangamandla ohlala eMpumalanga, owayengusihlalo wamavolontiya. Ngaleyo minyaka abantu baseNingizimu Afrika baze baqamba ingoma ethi ``Hamba uye eBhetali uyomba amazambane’’.
Kukho konke okubi okwenziwa kubantu bakithi abampisholo, abaholi bakaKhongolose abakaze bathathe isinqumo sokuthi kufanele abantu babe namagqubu noma baziphindiselele kubelungu. Lokhu yikhona okufakazela isinqumo esathathwa kumqulu weFreedom Charter. (Translation of Zulu paragraphs follows.)
[Chairperson, let me remind my colleagues in this House of Parliament and all South Africans that Mr Sisulu was one of the ANC leaders who played an important role in exposing the evil and disgusting acts which transpired in the Eastern Transvaal, now known as Mpumalanga.
White farmers in this area used to murder blacks and use their corpses to produce fertiliser for use in their potato fields and gardens. [Applause.] The ANC leaders would not have that kind of nonsense, so they took the initiative and made sure that these barbaric acts were uncovered.
Mr Sisulu worked with ANC leaders such as Mr Nelson Mandela who was a lawyer, Mr Gert Sibande, who led the Eastern Transvaal, Mr Slim Dick Mtsweni, who was later killed in Botswana in a raid by the brutal apartheid soldiers. Among them stands out Mr Khumalo, who lives in Mpumalanga well known as Zablon Dlangamandla, who was the chairman of the volunteers. During those years South Africans composed a song, ``Hamba uye eBhetali uyomba amazambane.’’ [Go to Bethal and dig potatoes.]
In spite of all the evil that was unleashed on our black people, the leaders of the ANC never resolved to bear grudges or to retaliate against the whites. This bears testimony to the resolution of the Freedom Charter.]
I would also like to commend the organisation Sayco which became the political school in South Africa under the leadership of the late Comrade Peter Mokaba, Parks Mankahlana, Fawcett Mathebe and others. Sayco continued the tradition of the ANC Youth League of the 1940s of the defiance campaign hence they (Sayco) were referred to as O R Tambo young lions. The defiance campaign that the youth generation of the Tambos and Sisulus were involved in was to get a common identity document (not dompass) for everyone in the country.
A colleague of mine, a few weeks ago during her debate, hinted at the slogan by the late Comrade Peter Mokaba, but she forgot to mention that Comrade Peter Mokaba did not want us as young lions by then to hold grudges. Instead his dream was to see the people of South Africa, black and white, being liberated and receiving a better life and better education as it is stipulated in the Freedom Charter.
Comrade Peter used to refer to Sayco as a bombshell. In the ears of the oppressors they thought that Sayco had bombs. The answer is, no. There were no bombs, but he was referring to the power and the intelligentsia of our youth urging that they must organise and mobilise themselves and speak with one voice. Through that spirit of our legends the ANC would therefore like to call on all the youth of this country, black and white, to stand up and assist: firstly, all young people who qualify for social grants must register; secondly, the youth must apply for IDs; thirdly, to register in the voters’ roll; lastly, during elections to go out in their numbers to the polling stations to vote to defend the fruits of freedom that were hard fought for by the youth of this country. [Applause.]
Hon members, let us look at the current situation particularly in the Department of Home Affairs. Home Affairs is a national competence which all South Africans are depending on. The transformation of the Department of Home Affairs is a key to success to service delivery. It has nine regions without full capacity as the main challenge facing the department.
With regard to administration, the administration arrangement still leaves much to be desired. For example, it is vulnerable to mischief. A practical case is the following one. Last year, Mrs Betty Sithole, who is a widow and a pensioner from Bethal, was unable to receive her social grant for about ten months because of her initials, surname and ID numbers which were exactly the same to those of a certain Mrs Sithole from KwaZulu-Natal. The second point is that the system used by the department is unable to pick up some people who are already dead. The third point is that people are still queuing for a long time, others are even turned back without being served by the officials of the department while others are sleeping outside the service station during rainy and cold days hoping to get service. Another point is that even the department itself is aware of the persisting inadequate services that are rendered for the deep rural and marginalised urban communities. The last point is that at eMqanduli in the Eastern Cape the department is operating in the shack without electricity, water and toilets.
With regard to stakeholders, the ANC is making a special appeal to all traditional leaders from izinkosi, izinduna etc. to let the spirit of the late amakhosi prevail, such as King Shaka, King Sekhukhuni, King Ramabulane, King Moshoeshoe, King Hintsa and Chief Luthuli, Chief Maqoma, Chief Mhlabunzima Maphumulo. All the above-mentioned amakhosi’s dream was to unite and develop our society. Traditional leaders can play a pivotal in making sure that Batho Pele Campaign becomes a success in their areas. Amakhosi are urged to mobilise people for registration in various services as follows: firstly, children who qualify for social grants; secondly, early birth registration for children; thirdly, registration for identity documents; fourthly, voters’ registration. Note that we also urge amaKhosi to do away with between R10 and R200 stamp fee when people require proof of residence. [Applause.] The issue of staff is another headache. One wonders how can one expect a vehicle to cruise smoothly without shock absorbers. Also how can a person expect any positive production from the department which is run by officials who are acting in most portfolios. Since the Government led by the ANC took power nine years ago from the apartheid government, the department still has 1 500 vacancies, of note is that minus one official …
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon member, your speaking time has expired. [Applause.]
Mr P M SIBANDE: I thank you.
Mr E T FERREIRA: Chairperson, there are very few of our government departments, if any, who are given sufficient funding to perform the services that they are expected to do. No matter where you go in South Africa, no matter what department you have dealings with, the problems are basically the same. Service which is not always up to standard, staff shortages and lack of funds. I know of a lady in Port Elizabeth who applied for an urgent domestic violence interdict two weeks ago. On day nine she was told by the justice official to be patient, there were not enough staff to help her.
As far as the lack of funds is concerned, the Department of Home Affairs is unfortunately no exception. In fact it is one of the departments which is worse affected by this problem. Take into consideration that the department nationally has been given R15 million for the new ID campaign. How far do people think this R15 million will go towards getting everyone who needs new IDs their documents. The Director of Home Affairs in the Eastern Cape has found in a study that to supply everyone who needs ID documents in that province alone would cost R81 million. There is thus no realistic possibility that Home Affairs can supply everyone who needs new IDs on the R15 million that they have been given for this task. It is like giving someone a R20 note and insisting they buy R200’s worth of groceries with that R20 note. You can stretch that note as far as you can or until you are blue in the face, you will simply not be able to buy the R200’s worth of groceries for that note.
Under the circumstances the IFP would like to congratulate the department for doing a good job under very difficult conditions. A few weeks ago I went on a portfolio committee trip to the old Transkei part of the Eastern Cape. It was a joint visit by the Social Development and Home Affairs Committees. Only the IFP and the ANC were represented, of course. The traditional white parties are seldom to be found when you visit black areas. But make no mistake they are first in the queue when it comes to overseas trips. [Laughter.]
The poverty we found in the old Transkei nine years into our new democracy was frightening to say the least. The better life for all that the Government has promised clearly does not include the old Transkei yet. Mrs Van Wyk spoke beautifully a little while ago - she is an excellent speaker and I am sure the new party bosses are very happy with the way she spoke. [Interjections.] I just wonder whether she also saw the same level of poverty in the old Transkei that I saw.
We saw a number of both social development and Home Affairs offices as well as mobile stations. They were not as well-staffed and resourced as what one would have liked, but under the circumstances they did a very reasonable job. There were no shortages of forms or ink and most of them had computers and printers so that birth certificates could be printed there and then. During the week thousands of people were assisted as far as birth certificates and ID applications were concerned.
What was of particular interest was that although social development and home affairs have very similar problems, the members from the majority party only chose to see those of home affairs and chose almost exclusively to complain about them. I suspect in the report that the committee will bring to Parliament soon this will be quite evident. [Interjections.] [Time expired.]
Mr M U KALAKO: Deputy Chairperson, hon Minister, hon members, I am sure we were in a different study tour than hon member Ferreira. [Interjections.] No, the DA must keep quiet because they were not there.
You know, for most of that study tour, he was like a completely lost sheep. I do not think that he can give any report to his party. [Laughter.] He never participated in any of the problems of the people that were being dealt with there.
Deputy Chairperson, the African National Congress supports the Budget and commends the Department of Home Affairs on the successes achieved since the dawn of freedom and democracy. The South African Government has been able to hold two national elections successfully and local government elections, all under the guidance and direction of the Department of Home Affairs. These and other achievements of the department to me reflect some progress in the department in fulfilling its mandate. But, I would like to raise a few areas that I feel the department still has to address.
The Department of Home Affairs, henceforth referred to as DHA, is the lifeblood of our system of government. It is through data gathered and stored by the DHA that the Government is able to make equitable distribution of our resources. The mandate of DHA is to keep records of South African citizens from birth to death. Other government departments as well as the private sector make extensive use of this information. Therefore, the DHA plays a key role in identity and verification of citizens, both for the public and private sectors. Equally so, monitoring of our ports of entry,movement of goods and people in and out of the country, is the function of the DHA. Having stated the obvious, it is important to assess how far the DHA has gone in performing its functions, and evaluate whether it has succeeded in delivering services to the people of South Africa as required by our Constitution. We have to do those things to see whether the DHA has since 1994 to 2003 been transformed from an instrument of oppression and humiliation under the apartheid regime, an instrument to police the movement of black people, imprison them in their own country, an institution of divide and rule, segregation and racial oppression. To assess whether the mindset of the personnel of the DHA we inherited from the apartheid regime, in particular the homelands, have been transformed to conform to the new demands of democracy and respect for human rights.
Transformation should not only be judged by how many black faces, women and disabled people the DHA has, we should also judge it by asking: At what level do you find these categories of people? Are they represented at higher and middle levels of management? What training is provided by the DHA in order to improve and enhance their skills level? Are there courses that they undergo in order to learn how to be a caring public servant - how your attitude must be when you serve the public? We must ask these questions because that is how the public views and concludes about the performance of the Government.
From our interaction with the public as the portfolio committee, and listening to the people, the attitude and mindset of the officials of the DHA leaves much to be desired. Even where there are enough resources, for example, in cities, morale is low, and there is no purpose of urgency in what the staff is doing. We will judge the transformation of the DHA not by examples of offices in big cities, but by viewing the state of offices in rural areas and black townships and whether offices of the Department of Home Affairs are within reach of the people in rural areas or can be accessed through public transport.
I know that the DHA in its strategic plan of 2003/2004 to 2005/2006 is attempting to address the way in which services are delivered to disadvantaged communities. We commend the Department on this attempt but, one wonders how informed the DHA is about the plight of our people in remote villages in provinces like KwaZulu-Natal, the Eastern Cape, Limpopo and so forth, where people have to travel more than 80 kilometres in some cases without public transport, in order to access the offices of the Department of Home Affairs. My colleagues have already dealt with this problem.
The Department of Home Affairs must co-operate and co-ordinate with other departments for the sake of making sure that services are delivered to the citizens of this country. We know that the Department has been crying about the shortages of the budget. We sympathise with the department on that but, at the same time, as my colleagues have made a call, we want to call on the department to prioritise in its functions to make sure that where there are shortages it must give emphasis to rural areas, and villages especially.
Mphathiswa weSebe leMicimbi yezeKhaya, ibuhlungu kakhulu into yokuba uthi xa ufika kweziya ndawo zethu thina bantu bamnyama, kuthi kuphethe thina, udibane nexhegwazana elidala likuxelele ukuba: ‘Mna ukuze ndifumane isiqinisekiso sokuzalwa somntwana wam kufuneka ndisuke apha kusasa ekuseni ndiye kutsho eMaqanduli, nalapho eMqanduli ndifike ndifumanise ukuba amaphepha akekho; azikho ezo ziqinisekiso, kutsho kufuneke ukuba ndigqithe ndiye kutsho eMtata. NaseMtata kufuneka ndiphinde ndilinde etyhwini ukuba andikwazi ukuba ndinyobe umntu ophaya etyhwini okoleka imali oza kundifaka phambili’. Yintlungu kakhulu ke kuthi le kuba sililwele eli lizwe. Kungakumbi xa isenzeka kubantu abangenanto phaya ezindaweni eziziilali, emaphandleni. Siza kulibongoza ke iSebe leMicimbi yezeKhaya. Ohloniphekileyo uMnu Ferreira uyaphosisa. Le nto athetha ngayo, Mphathiswa, ithi kwezi ofisi zikhona izixhobo zokusebenza, iikhompyutha neeprinta ayikho. Ndithetha ngale iseMqanduli kanye ilityotyombe. Phaya usisi uyedwa. Sifike ebila esitsha lilanga, akukho zifestile, manzi nazithoyilethi. Usebenza ngezandla yaye naye uxhomekeke ngokuya kulanda ezi zinto ngaphaya ziziswe eMtata. Izixhobo ebezisebenza kuzo zonke ezi lali besikuzo ibihamba neofisi yomlawuli wesithili nathe mayithathwe kwiiofisi zesithili eMtata ukuze izicelo zeziqinisekiso zabantwana zizokwenziwa kwangoko ngokukhawuleza. Andimazi ke uMnu Ferreira ke - phofu benditshilo ukuba ebesozela elele phaya, etshiswa nalilanga - ndibona ukuba wenza into angayiqhelanga.
Sifuna ke ukucela kuwe Mhlekazi ukuba - ndiyazi ukuba nwe usuka kule ntlalo, uzalelwe apha, yaye sizalelwe kule ntlalo nathi - ukufumana abantu bakuthi ezilalini bengakwazi ukufikelela nokufumana izinto ekufunek bezinikwe nguRhulumente ngenxa yokuba abakwazi ukuya kufikelela kwiiofisi zeSebe leMicimbi yezeKhaya. Siza kucela ukuba iSebe eli kwimali elinayo lisebenzisane namanye amasebe, ngakumbi … (Translation of Xhosa paragraphs follows.)
[Minister of Home Affairs, it is quite saddening that even though we are in power, when you go to the areas where we black people live, you come across an old woman who tells you: ``In order for me to get my child’s birth certificate I have to wake up very early in the morning and go to Mqanduli, only to be told when I get there that there are no certificates, so I have to go to Umtata. Even in Umtata I have to stand in the queue if I cannot bribe somebody in the queue to push me in front of him or her.’’ This situation is quite saddening to us because we fought for this country, particularly as it affects people who have nothing; those in the rural areas. We are going to appeal to the Department of Home Affairs.
The hon Ferreira is not telling the truth. The correct information, Minister, is that these offices do have equipment, but have not computers or printers. I’m talking in particular about the one in Mqanduli, which is a shack. The lady worked on her own there. We found her struggling in the heat there, and there were no windows, water or toilets. She was working manually and depended on others to collect the necessary stuff and transport it to Umtata. All the equipment that was in working order in all the villages that we visited was taken to the office of the regional manager, who gave the instruction that it be taken there so that applications for registration of children’s births could be processed speedily. I don’t know about Mr Ferreira - indeed I did say that he was dozing off there, struggling in that heat. I could see that he was doing something unusual.
We want to bring it to your attention, sir, knowing that you were born and bred in such circumstances, just like us, that our people in the rural areas cannot access Government assistance because they cannot reach Home Affairs offices. We appeal to the department to work hand in hand with other departments, especially …] [Interjections.]
CHAIRPERSON: Order! hon Member, your speaking time has expired.
Mr M U KALAKO: … ngakumbi iSebe leMisebenzi kaRhulumente ukwenzela ukuba zakhiwe ezi ndawo. Enkosi. [Applause.] [… the Department of Public Works so that these offices could be built. Thank you.]
The MINISTER OF HOME AFFAIRS: Mr Chairperson, hon members and hon Deputy Minister of Home Affairs, as I thank all hon members who have participated in this debate, I wish to remind all members that after this debate my department is holding a reception at the Centre for the Book, on the other side of Parliament in Queen Victoria Street. It is the first one I have ever held, because in all these nine years I was ashamed to hold receptions while my department was underfunded. [Laughter.] Yes, I am serious about that. [Applause.] The contributions to this debate by members have been very valuable and they will all be taken into account as we deal with each of the issues raised, either administratively or at policy level.
In particular, I wish to ensure the hon Mr Chauke, Chairperson of the Portfolio Committee on Home Affairs, that my department is a leader in the process of transformation, a fact which emerges clearly when comparing the progress made in this direction by my department with the average among other organs of state. I state that we were the first ones to be given the Batho Pele award by Mr Mandela, under the Ministry of Dr Skweyiya.
I am deeply aware of the terrible conditions in which many of our officials have to render our department’s services. For this reason I have ordered an investigation which highlights the fact that deficiencies of this type can only be addressed with massive additional funding, which is not forthcoming. That is not my fault.
Hence, the need to find a different type of solution along the lines of devolution of the delivery of civic affairs to municipalities and other organs of state and also traditional leaders, for instance. Now the hon Chairperson of the Portfolio Committee on Home Affairs, Mr Chauke, said that I must come out and tell this House, stating what the role of each structure will be when there is devolution. I am really surprised to hear the chairperson of the portfolio committee speak in this fashion, because in my speech today I stated that municipalities and traditional authorities are closest to the people and the sensible link between communities and our central recording systems. And I stated that we have done our intended homework regarding this matter, as to what should be done, and at least we can now pursue it at an intergovernmental level.
Because of the inevitable involvement of so many other stakeholders, we cannot go it alone and I urged my colleagues, especially the Ministers for the Public Service and Adminstration and of Provincial and Local Government, to support me in developing and rolling out the only viable alternative in addressing current unsatisfactory service levels. In a democracy I cannot impose my wishes and idiosyncrasies as far as this matter is concerned. I must consult other stakeholders, other Ministers. I don’t want to wash the dirty linen of my colleagues here in public. That is why it has not happened up to this point, when I have spoken here repeatedly about this matter.
The hon Chauke seems not to be fully aware of what the Hanis project entails. [Laughter.] [Interjections.] The Hanis project requires the building of a very large and complex backbone before a change of benefits can be seen by the public. And such a backbone is the Automated Fingerprints Identity System, which contains all the fingerprints of our nationals, which is in the process of being developed first. There have been delays in this process because of erroneous strategic decisions which were made at a time when I, as Minister, was not fully informed of what was being done within my department. I am the political head of this department, not the chief executive officer, so I do not bear sole responsibility. As soon as I discovered it, I immediately addressed it. I informed the Cabinet on this matter and I placed the process back on course. Once new identity documents are made available, the benefits of Hanis, I think, will be more visible.
We have redirected some of the features of the design of the ID card in a way which will create enormous savings for the state. By taking advantage of new and cheaper technology based on high-density barcodes, we have limited the utilisation of chips to specific categories of citizens who need them, such as pensioners.
I also need to correct the hon Mr Chauke in respect of the need to appeal the decision of the High Court relating to immigration regulations. I already explained to his portfolio committee, which he was chairing himself, that such a decision was legally necessary, because the status quo, created by the court order, relied on the possibility of suspending the effect of a law adopted by this Parliament. That the court, you know, could sort of ignore a law passed by this Parliament - I could not allow that. I was advised that no court of law can actually suspend an Act of this Parliament of its own accord after it has already come into force. That is unprecedented. That is why there is separation of powers as far as our Constitution and as far as Government is concerned in this country. There are also other technical reasons that I fully explained to the committee, which he chaired … [Interjections.] Which reasons he saw fit to ignore. I make an appeal to the chairman not to be selective in his condemnation of the department’s appeal. That style actually fills me with despair, not for my own feelings, but for this country.
It is also not correct that his committee has urged me, as he says, to adopt regulations in terms of section 7, rather than section 52, of the Immigration Act, as the legal advice his own committee received indicates the correctness of my having adopted regulations in terms of section 52. In respect of the receivables of the Government Printer’s office, the matter has already been addressed and the level of outstanding debt is being lowered. Measures have been taken to reduce it further in the future. The Government Printer is also in the process of transformation. We are now in the process of actually passing it on to the Department of Public Enterprises, because that was a decision by Cabinet.
I wish to thank the hon Mr Chauke for the remarks like these which I have addressed. [Laughter.] Yes, hon members must not think that I only carry bricks. I also have bouquets in my pockets. [Laughter.] I thank Mr Chauke for the remarks he made in relation to the Immigration Advisory Board and for his remarks relating to the need for clarifying the competence in adopting an electoral law. This other matter which the hon chairman addressed needs to be decided by the parliamentary officials. It is not for me to decide.
I wish to thank the hon Mr Waters for his remarks, with which I concur. We need to ensure that the gravity of the problem of child pornography is met by solutions aimed at addressing it, rather than those which make life more difficult for all Internet users and providers, without going to the core of the issue.
I wish to thank His Royal Highness Prince Nhlala Zulu for his remarks. I know his position is very difficult, because he is my first cousin, but I thank him not because he is my first cousin, but because I am proud to be his first cousin when he performs like this. It is recognised that if we are to achieve more, we need to have more resources or find ways of doing more with less, as we have done with the new system of migration control. The same approach should be applied to civic services.
I wish to thank the hon Deputy Minister for her remarks, which show the depth of interest she has taken in the department after joining it. [Applause.] I also wish to thank the hon Mr Pillay for having raised the contradictions within my department, which is a product of the moratorium which was placed on the filling of posts. We are now having to work on a very outdated establishment. The fact that we are moving so slowly and people pontificate here and speak ex-cathedral, like the Pope, about these matters, that is not my fault. [Laughter.] It is not my fault that the pace has been slow when moratoriums are imposed. I have to abide by that when a moratorium is placed on us as Cabinet Ministers. I have written to my colleague the Minister for the Public Service and Administration time and time again, to help us deal with these problems or at least to remove the impairment which exists to our dealing with these problems ourselves. I also wish to assure the hon Mr Pillay that our Population Registry is intact and is, in fact, fraud proof, because it is based on fingerprints, while identity books can be forged, hence compelling the need to have the new identity cards now linked to the Population Register.
I wish to thank the hon Madikiza for raising the issue of people smuggling and trafficking in people. Just two weeks ago I attended a summit of Ministers from the Southern hemisphere in Bali, Indonesia, dealing in ways to co-operate to eradicate this scourge which is now, unfortunately, also beginning to affect South Africa. Those were mostly Ministers from Pacific countries and they spoke as if the issue affected only Pacific countries. I pointed out to them that this issue affected us as well insofar as people actually bringing young people from Pacific countries like Indonesia to become prostitutes in Johannesburg. I wish to accept the fact that extensive litigation will remain a constant, because it is the flip side of the human rights culture to which we as a country are committed. I wish to thank the hon Maunye, who reminded us of the growing social phenomenon of young orphans who have become heads of their households by virtue of their having social grants with which they can support themselves and other members of their families. My department has prioritised providing IDs to this class of citizens to facilitate access to social grants. However, no financial provision has been made to cater for the increased demand for services. In this respect we have already approached the National Treasury with a demand for additional funds which, I hope, will be supported by members of this House so that we can fast-track child support grants to children up to the age of 14. In this respect we have also developed a vital registration programme in co-operation with the Department of Health in 29 traditional authorities, as I said, and taking the initiatives. I want to assure the hon Maunye that the planned devolution of civic affairs functions to municipalities will be conducted in accordance with existing capacity. On certain occasions it will require under-resourced municipalities to be provided with capacity which we would otherwise need to build up ourselves so as to address the shortcomings in our delivery.
I wish to thank the hon Dr Mulder for raising the issue of our citizens voting abroad. I have always believed in a foreign ballot paper, but the matter seems to be out of my hands. I hope that the matter will be taken into account in the parliamentary process.
I wish to thank the hon Mfundisi for raising the real issue that, at times, greater security leads to greater rigidity and more difficulty in rectifying errors which are bound to happen. I have also noted his suggestion of eliminating the territorial requirements of marriage officials, which I will be canvassing further with my adviser and colleagues.
I wish to thank the hon Ms Rajbally for her remarks, but I wish to point out that the budgetary increases to which she made reference are only 11%, as I explained, in real terms. I wish to thank the hon Ms Van Wyk for her remarks which, however, are factually erroneous. While she was very forceful and eloquent, what she said was factually erroneous, since she stated that the Population Registry is corrupt, relating the problems of the identity document to the Population Registry. That is erroneous. She should not read the existence of problems into delays in the Hanis project by way of the fact that by heating the bricks we have avoided problems or carrying a move from what were possibly erroneous solutions to better ones. Her correlation to the issue of drivers licences shows that she is not fully informed about Hanis.
The DEPUTY CHAIRPERSON OF COMMITTEES: Hon Minister, if you could wind up.
The MINISTER OF HOME AFFAIRS: We will need to find ways to provide the committee with another full briefing of the matter. I hope, now that she belongs to the right party, that in 2004 the President can appoint her as the new Minister of Home Affairs. [Laughter.]
Debate concluded.
APPROPRIATION BILL
Debate on Vote no 29 - Housing:
The MINISTER OF HOUSING: Deputy Chairperson, hon members, nine years ago the world welcomed South Africa to the community of free nations. The dawn of freedom ushered in a new sense of hope for the majority of our people and Africa as a whole. We have travelled a long way since those days, a decade ago, when the old was not yet dead and the new was not yet born.
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon members, those who are leaving, will you please do so quietly without disturbing the rest of the Assembly.
The MINISTER OF HOUSING: Chairperson, I was saying that we have travelled a long way since those days, a decade ago, when the old was not yet dead and the new was not yet born. Those were difficult years, indeed. Today we can point to many successes of transformation. We can point to how we, as a nation, have been forging a new inclusive identity. We can truly say that hope is alive in South and that the progress that we are making says that hope is justified.
I am pleased to have been part of a process of transformation in the Ministry which was my home until a few weeks ago. I am pleased to have been part of a process of correcting how we see our history; ensuring that we reflect more honestly on our past; reclaiming our dignity after centuries of colonialism and apartheid; and creating new symbols and awards which are framed by and express our democratic values as a nation.
We have had many outstanding beacons guiding us on our path over these past nine years as we were fortunate to have the brightest beacons to guide us as we fought to bring democracy to South Africa. It was indeed painful this past Saturday to have to say goodbye to a person who was perhaps the brightest of all those beacons which lit our way to a more caring, inclusive and democratic society. It was painful to have to say goodbye to our late Comrade and father, Walter Sisulu. But it was also a moment to reflect and look back over the days since Comrade Walter was released from prison on how far we have come as a nation.
The last time that I was called upon to speak in this House was in my role as Deputy Minister of Arts, Culture, Science and Technology. Today, it is my duty to present to you the national budget for Housing for the current year as the new Minister of Housing. Firstly, let me greet all in the public gallery who are connected to housing. Let me say …
… kuni bootata noomama abakha izindlu, namkelekile. [Kwaqhwatywa …] [… you are welcome. [Applause.]] Among those present are, of course, my colleagues, the MECs, and I would like to say to them: Welcome, colleagues. [Applause.] We also have representatives from housing institutions and many other important stakeholders.
Let me also take this opportunity to pay tribute to my Comrade and former Minister, Sankie Mthembi-Mahanyele, for her able leadership of the portfolio of housing. The budget that I present today largely reflects the tremendous strides that have been made by Government in meeting housing challenges of the nation. Perhaps, most importantly, we have made enormous strides together by assisting our people to gain access to housing. Under her leadership and that of the late Comrade Joe Slovo, in the past nine years, we have seen the construction of almost 1,5 million housing units. We also saw the transfer of 400 000 old municipal houses into the ownership of their long-standing tenants. We have therefore seen many homeless people and tenants become home owners. That means that this Government of the people has ensured the creation of secure homes with tenure, clean water, good sanitation and electricity for, at least, 8 million South Africans.
We have indeed embarked on a great project of renewal, hope and building a better future for all South Africans. This is a significant achievement because it says that we have in the past nine years provided assistance with decent formal housing to a very significant number of people, indeed. Our current backlog is estimated at 2,3 million households which still require assistance. The 330 000 further subsidies already approved indicate that there is more housing in the pipeline for at least another 1,3 million people. That is a tremendous achievement by any standards worldwide.
I myself have been able to see many examples of what has already been achieved as I have visited a number of provinces during the past two months while familiarising myself with the challenges and achievements of housing in South Africa. I can say to the House today that we have reason to be proud of ourselves and particularly of Minister Sankie Mthembi-Mahanyele. One must indeed agree with the President when he said to this House that we have turned the corner as a country and nation.
Allow me at this point to thank those MECs and provincial departments of Limpopo, Gauteng, Western Cape, Eastern Cape and Mpumalanga who have hosted me, not only for their warm affection and hospitality but also for the manner in which they have assisted me get to grips with vital issues of housing. I would also like to thank those provinces which I have yet to visit. I am grateful for the dedication with which everybody is already working on those orientation visits.
Today’s budget will continue housing’s well established approach of giving priority to the reduction of poverty and vulnerability and make a meaningful contribution to economic growth especially to the empowerment of the historically marginalised groups of our society. We will also continue to respond to the challenges facing those beneficiaries with disabilities and those living with and affected by HIV/Aids. We will continue to work towards the empowerment of emerging developers and contractors and help bring as many women contractors and black professionals as possible into the housing sector. This is one contribution that we can make towards transforming the industry into a truly representative sector which is able to respond to the country’s needs for sustainable housing production.
We aim to extend and strengthen our contribution to the growth and development strategy by accelerating our drive towards the development of SMMEs within the industry. Housing clearly has the potential to create thousands of jobs and sustainable communities. We will continue to drive this process.
We will do so by continuing to concentrate in the following areas, among others: promotion of marginalised women in construction by setting aside at least 10% of the provincial expenditure for housing projects to be handled by women developers or contractors in order to promote participation of women in the housing delivery process; incorporating integrated land development and encourage all national housing programmes to promote development with all the necessary infrastructure in order to develop sustainable communities; putting emphasis on a people-centred housing development which focuses on the promotion of the people’s housing process
- I hear many participants in this process are present here - whereby communities indeed are actively participating in the provision of their own housing; rural housing that will effectively deal with the housing backlog outside of the cities that is 31% of which involves rural households; rental housing which is currently provided through the institutional housing subsidy instrument and has been identified as a national expenditure priority to provide beneficiaries with an alternative tenure option; upgrading of informal settlements whereby housing projects are approved to target the elimination of specific informal settlements; savings linked subsidies to encourage people to save towards their housing developments; housing subsidies for the disabled and emergency housing needs through which provincial housing departments make provision for unforeseen emergency housing needs. We have resolved to set aside 0,5% to 0,75% of provincial annual allocations for this purpose.
Most importantly, this budget, once again, recognises that the emphasis of housing delivery in South Africa has moved beyond the issue of numbers to the enhancement of quality of both our houses and the lives of the people that we serve. This is important because we must recognise that the eradication of poverty is not only complex but also needs strategies that will enhance social upliftment of the poor beyond the physical structures that we erect.
Indeed, the success of our housing programme will always be measured by the strides that we make in pushing back the frontiers of poverty and expand access to a better life for all. It is within this context that we want to make this a year in which we build and cement a people’s contract for a better future in which all sectors, including communities and financial institutions, play their respective roles in accelerating the delivery of quality housing for our people.
Houses built with subsidies are currently being enrolled with the National Home Builders Registration Council. This is an institution which is responsible for ensuring that houses built with subsidies are of a suitable design to meet the development requirement of the areas; the application of the minimum technical norms and standards as contained in the national building regulations; and that all building practices and technologies comply with the stipulated minimum requirements. In addition, the NHBRC will apply its 5-year warranty cover to all enrolled houses which will ensure that any structural defects that may occur in these houses are rectified.
Quality in housing goes hand in glove with the ability to diversify housing options and the right of beneficiaries to select the type of housing that will adequately address their needs. My department is in the process of developing a comprehensive strategy for medium density housing in inner city areas. The programme will cater for new developments as well as the refurbishment or conversion of existing buildings. The programme will also cater for a variety of design models to suit the widest range of affordability levels. The finalisation of proposals is expected by August this year. The medium density housing development programme is linked to the Government’s initiative to establish and run adequate sustainable social housing institutions in order to create and manage medium density housing development projects.
In short, the policy proposes the establishment of a sector regulating structure and a dedicated funding regime required to finance the establishment and initial running costs of suitably equipped social housing institutions. The social housing Bill is also being drafted to support medium density housing and will be tabled before Parliament this year. The Bill provides for a regulatory body which will be responsible for accrediting social housing institutions and for ensuring good governance and sustainability of such institutions. This is because there are indeed many low and medium-income earners who do not wish to become tied down to home ownership and its obligations. They would prefer to take up an affordable rental option which would give them more mobility in the job market.
The Government is therefore ensuring that this option, too, becomes available.
At the Presidential Job Summit held in 1998 the Government, private sector and labour resolved that there is a need for a national presidential lead project on rental housing at sufficient scale to pilot affordable mass housing delivery and alternative forms of tenure, especially rental housing. The presidential pilot project on rental housing was conceived to provide 50 000 rental units in three phases over multiple financial years.
I am pleased to inform the House that Government has approved the institutional and financial models to be used in the implementation of the programme as the way has been paved for the projects. This agreement has already led to the appointment of the National Housing Finance Corporation as the management agent for the programme. As a result, the NHFC board has already approved the creation of a specialist unit within the institution to take responsibility for the implementation of the project. An amount of R225 million in poverty relief funding has already been transferred to the NHFC for the purpose of the partial funding of phase one to three of the project.
The three projects selected for the first phase of the presidential pilot project on rental housing are in various stages of implementation. Of the three, Johannesburg notably the Kliptown subproject and Witbank - Emalahleni - have already completed their show units. These show units will serve the dual purpose of physically launching the presidential project on rental housing and of further enhancing end-user processes such as unit selection based on individual affordability levels.
The first pilot project for Gauteng was launched by the President in Fordsburg last year and it is a true reflection of the public-private partnership that we need in this programme. In Durban, the Roosfontein subproject is being prioritised and it is anticipated that the remaining units to be constructed as part of the first phase in KwaZulu-Natal will target inner city and refurbishment projects. Business plans for the second phase of the project are under the process of being assessed and it is anticipated that this phase will commence shortly. It is important to take note of the fact that the presidential pilot project on rental housing supports the shift in focus from numbers to quality.
I am happy to mention that these pilot projects are based on the concept of integrated housing development which includes the provision of community facilities. These projects will therefore contribute towards the densification of existing urban areas and pave the way for the provision of lower income housing at medium densities. They will also inform rental housing policy development aimed at facilitating housing projects that will provide rental housing at scale.
Further challenges remain, though, in the area of implementation, monitoring and improving administrative efficiency as well as realigning our policy to cater for the specific needs of the disabled and people affected by HIV/Aids. During 2002 work continued in relation to issues of gender equity, the needs of the aged, and persons with disabilities and HIV. We have redesigned our housing subsidy scheme to effectively cater for the disabled in order to add the necessary features suitable for people with disabilities. People with visual impairment and other disabilities will get an additional amount on top of the normal subsidy to make their homes more accessible and comfortable according to their physical needs. I have no doubt that by improving accessibility measures we will be increasing the mobility and independence of disabled people. [Applause.]
We aim to join hands with the Department of Social Development in assisting with shelter requirements for areas where home-based care might not be available. We will also accelerate the upgrading of informal settlements as the department has observed that higher incidents of diseases and infection seem to take place in this kind of environment.
Our commitment to eradicating the backlog that we inherited is unquestionable. In order to respond positively to the ever-changing housing environment we have decided to continuously review our housing programme. We initiated a broad consultation process which included 15 stakeholders. Workshops were held countrywide. All housing and development-related stakeholders had an opportunity to table matters of concern regarding housing development. Those were debated in an effort to formalise possible policy interventions or adjustments.
Each of the consultative initiatives was carefully documented. My department is using the results as a basis to identify and develop a research agenda for our medium-term policy. This will lead to a housing summit which we, unfortunately, had to delay as a result of the recent changes in the Ministry. The results will also inform provincial housing development plans and ultimately it will culminate in the finalisation of the national housing multi year development plan.
In order to ensure a better quality of life for all South Africans, we will continue to monitor the home building industry to ensure compliance with the transformation requirements of the Constitution and other relevant legislation. Despite the efforts that we are making to try and provide affordable housing to the poor, we still have to ensure that all stakeholders effectively play their respective roles. The reality is that we still have millions of people who are so poor that they cannot acquire their housing without external assistance. It is in this context that we feel that access to finance remains the greatest challenge to low-cost housing development. The Government is therefore obliged to create the necessary environment to address this situation. The restructuring of the financial sector is a necessary priority.
As part of this restructuring, we promulgated the Home Loan and Mortgage Disclosure Act in the year 2000. The Community Reinvestment Bill is sure to be passed into law in the course of this year. Whereas the Act requires financial institutions to disclose lending information, the Community Reinvestment Bill provides for actual targets which financial institutions will have to meet in complying with their community reinvestment obligations.
The Bill, like the Home Loan and Mortgage Disclosure Act makes provision for financial institutions to be rated on their performance. The targets will be set after consultation with relevant stakeholders, including the financial institutions. The process for the establishment of the office of disclosure has been initiated and is expected to be completed in the next few weeks.
As part of broadening access to housing finance, we are currently trying to inculcate a culture of savings. This campaign has already yielded positive results since the programme was launched by Deputy President Jacob Zuma in
- As part of further enhancing the programme, my department is at an advanced stage with the development of a savings-linked housing subsidy scheme that will further assist beneficiaries to save their contributions in a structured, dedicated and well-managed way. It is envisaged that the scheme will be introduced during the coming month or so.
In line with Government’s commitment to improving the quality of subsidised houses, the subsidy grant has been adjusted. This is also in line with our objectives of ensuring that quality houses are delivered through the housing subsidy scheme which includes the principle that subsidy beneficiaries must contribute towards achieving access to the benefits of the housing subsidies. The objective of this is to ensure subsidy beneficiary participation in the solution of their housing needs; that an environment is established which instils a culture of savings; and that the value of the assets provided through the housing subsidy are realised.
To ensure that the indigent category of beneficiaries, those who cannot participate in the construction of their own houses or who do not have the necessary means to pay the required financial contribution, are not prejudiced Government has decided to allocate enhanced subsidies to these groups. This is a clear indication that ours is a budget which assists those who are in need of housing and have some income. But, it is more of a budget which focuses state resources to the poorest of the poor. To ensure that these minimum technical requirements that now apply to the housing subsidy-financed houses will be achievable on a continuous basis, the housing subsidy has been reviewed. We have decided to adjust the subsidy grant on an annual basis to ensure that the subsidy is not eroded by the effect of inflation.
I am confident that this new dispensation will ensure the building of quality houses which will be considered by the beneficiaries as real assets that will improve the quality of their lives. One way it does so is through this Housing Vote which will allow us, as never before, to make resources available to individuals and families as they go about creating permanent homes. In this context, it gives me great pleasure to announce that we have again managed to raise subsidy levels for those who qualify. These are significant raises. We are able, in fact, to say that the subsidy will this year mean more spending power in real terms. This is also a new approach which will see the subsidy increase annually to counter the effects of inflation.
The new subsidy levels are as follows. For recipients earning 0 to R1 500 the subsidy will rise by R2 800 from R20 300 to R23 100. [Applause.] That is an increase of 13,8%. Then, beneficiaries who earn R1 501 to R2 500 will get a R1 500 increase which will move their subsidies from R12 700 to R14
- This is an increase of 11,8%. [Applause.] In the income bracket between R2 501 to R3 500 the subsidy rises from R7 000 to R7 800. That is an increase of 11,4%.
The indigent who include the aged, disabled and the health stricken will have their subsidies increased from R22 800 to R23 100 provided they earn no more than R800 per month. The consolidation subsidy for earners up to R1 500 rises from R10 900 to R12 521 and for indigents from R13 400 to R15
- These increases are by 14,8% and 11,9% respectively. [Applause.] What becomes crystal clear when one looks at these figures is that we remain absolutely consistent in our commitment as Government to focus on assisting the poorest of the poor. The largest increases both in percentage and monetary terms are once again going to those of our people with the lowest income. My department has already been tasked with investigating lifting the income limit for the highest subsidy amount from R1 500 to R1 794 which is currently defined as the minimum living level. I will report to Parliament when we have investigated this matter.
Within our concern for transforming the lives of poor people, the subsidy increases that I announced today continue to be based on the principle that subsidy beneficiaries must contribute towards their own housing. We want them to do so either through savings or sweat equity. Our aim must be to combat dependency and its twin sister, disempowerment, in favour of self- sufficiency and its twin sister, a real sense of responsibility not only for individual housing but also for the country. Self-sufficiency means self-worth. That means, for all of us, national pride. This is how housing can contribute to real empowerment and sustainable development.
In one of my orientation visits to the provinces I met a group of women from Phillipi … [Time expired.] Thank you. [Applause.]
Ms Z A KOTA: Deputy Chair, hon Minister of Housing, Comrade Brigitte Mabandla, Ministers and members of Parliament, our MECs, the Director- General of Housing, Ms Mpumi Nxumalo and your team, distinguished guests from the housing industry, oomama abaphaya phezulu [the mothers who are up there], it is a great honour and privilege to speak on this important Budget Vote.
Allow me, Deputy Chairperson, to preface my debate by thanking the former Minister of Housing, Comrade Sankie Mthembi-Mahanyele, for having served this housing Ministry with a single mandate dedication. Through her hard work the long road of restoring the dignity of our people has begun. She has worked hard in shaping and implementing the policies of our Government and the ANC’s vision of ensuring a better life for all, not forgetting the foundation laid by Comrade Joe Slovo in this department.
Our new Minister of Housing has shown courage and commitment to deliver to our people what her predecessor, Comrade Sankie has started. We, as the portfolio committee, have confidence and knowledge that with her guidance and track record we shall overcome any obstacles.
The theme of our debate in this Budget Vote is `The role of housing in pushing back the frontiers of poverty’. The Budget Vote before us presents us with a number of challenges. The accepted level of underspending of all departments is 5%. But we have noted, with concern, that this department’s underspending is 24%. This is indeed unacceptable, given the present backlog in terms of housing.
I do not want to indulge into the reasons for not spending at this stage, but there is one area that we cannot be silent on, namely, the provinces which do not spend their budgets. Some of these provinces have been experiencing underspending since the beginning of the financial year 2001/2002. The portfolio committee will take this matter up with the relevant MECs. I do want to commend those MECs who have utilised their budgets, namely, Limpopo, Northern Cape, Western Cape and North West.
However, we have noted the symptoms of poor planning in that there is a tendency in some provinces to accelerate the spending of their budgets in the last two months of their financial year, namely, in February and March. We urge the provinces to refrain from this practice in future.
It is now nine years since this Government has embarked on the housing programme which is directed at improving the living conditions of the poorest of the poor. More than 1,5 million houses have been built. At least two million people have benefited from the transfer of ownership of 398 000 houses to their residents. Our Government prioritises housing as one of the key focal points of delivery. It is for this reason that the housing policy has as one of its cornerstones the principle of labour-intensive building methods and employment creation as well as sustaining existing employment opportunities.
As a result of this the housing delivery projects have a high labour turnover component. Most important of all is indeed the fact that the major part of employment opportunities provided through the housing projects is for semi-skilled or unskilled labourers. This enables the downtrodden masses of our people to get jobs in order to improve their wellbeing.
According to the strategy statement from the department, it is estimated that approximately 300 billion has been spent annually by Government through its housing subsidy scheme and has sustained 45 000 direct employment opportunities in the building industry. Linked to this, are about 43 000 indirect job opportunities in the building industry and component markets which the housing programme sustains. It is for this reason that I welcome the ongoing consultations between the Department of Housing and the Department of Public Works with regard to the empowerment of emerging contractors.
It is indeed a fact that emerging contractors tend to make use of more labour-intensive methods and therefore create more jobs than the capital- intensive larger construction companies. Their increasing involvement will therefore not only serve in their own development but will increase the job- creation potential through the housing delivery process.
Within the spirit of pushing back the frontiers of poverty, provinces are expected to set aside 10% of their budgets for the purposes of empowering women contractors. It remains to be seen to what extent provinces have been able to implement this mandate. I do know that in the Western Cape Comrade Nomatyala has been able to do so. [Applause.] There are women contractors in the housing industry and they have proved to be very competent and reliable. This was also echoed by Nurcha when it came before the portfolio committee.
When one speaks about the progress this Government has made in the delivery of houses, it is critical that one highlights the challenges that lie ahead. The existing backlog cannot be underestimated. Numerous fires in the informal settlements such as Langa, Wallacedene and elsewhere in South Africa are a constant reminder and a demonstration of an acute shortage of proper housing to the poorest of the poor. I want to emphasise the fact that our policies are geared to help all South Africans who qualify in terms of the legislation, those in the urban areas and those in rural areas.
Mhlalingaphambili, ndifuna ukuthi abantu banelungelo lokufumana uncedo ngezimali (subsidies) nokuba basemaphandleni okanye ezidolophini. Mayiphele le nto ithethekayo yokuba uncedo ngezimali lufunyanwa kuphela ngabantu abasezidolophini. Ooceba emaphandleni mabancedise ekwenzeni okokuba abantu bafumane uncedo ngezimali. (Translation of Xhosa paragraph follows.)
[Chairperson, people are entitled to receive subsidies whether they live in rural areas or towns. This idea that subsidies can only be given to people living in towns and cities must stop. Councillors in rural areas must people to access these subsidies.]
Between 1994 and 2003 as much as 93% of all subsidies approved were for maximum subsidy which involved households with incomes between R0 and R1
- We do welcome the increase, announced by the Minister today, of R23
- This shows very clearly that this Government is committed to improving the plight of the poor with limited resources. The challenge is that more than two million people, who are potential householders, qualify for this subsidy in terms of the law and are not catered for due to budgetary constraints. However, I must also cite the level of corruption that exists which impedes the process of delivery. There are beneficiaries and officials that continue to sell RDP houses. This cannot be tolerated. We welcome the investigation by the Minister of Housing into the corruption in the housing delivery.
Abantu mabayeke ukuthengisa izindlu. Ezi zindlu zinikwa abantu abafuna izindlu. Abangazifuniyo izindlu mabangazenzi izicelo zazo. [Kwaqhwatywa.] Ukuba sikhe safumanisa okokuba kukho abantu abathengisa izindlu, abo abasokuze baphinde babuye bayifumane indlu kulo Rhulumente. (Translation of Xhosa paragraph follows.)
[People must not sell house. These houses are given to peole who need them. Those who do not need houses should not make request for them. [Applause.] Should we find that there are people who are selling houses, they will never receive houses again from this Government.]
Chairperson, the department’s target is to build 200 000 houses every year, and at present it is only able to build between 160 000 and 178 000 houses per year. The other contributing factors to the backlog is population growth, migration, underspending by provinces as well as the capacity at local government level. To illustrate the magnitude of the problem, two weeks ago a member of the community came to my office, in my constituency in Langa in the Western Cape, enquiring about her position on the waiting list. I phoned the provincial office on her behalf. Her file was retrieved and I was told that, as she applied in March 2002, she is very far in the list and that they were only dealing with the waiting list of 1987. That is the reality that we are confronted with as South Africans.
Our responsibility as patriotic citizens from all walks of life is to unleash the potential of our people as they continue to participate in large numbers in campaigns that are aimed at improving their living conditions. It is clear that these masses of our people are heeding the call of Tirisano, Vukuzenzele which was made by our President. Let us hold hands and work together towards a brighter future.
Our difficult moments should be seen as the battle ground of ideas that leads us to a better tomorrow. When our people participate in the building of their own homes they come up with bigger houses of not less than 50 m2 and better quality than those houses built by the developers. Malunga nezi zindlu zakhiwe ngabaphuhlisi (developers), abantu mabayeke ukusayina iileta ezichaza okokuba banelisekile bengazibonanga okokuba ezi zindlu zinjani na, okokuba azinazintanda kusini na. Ube usayina ileta echaza ukwaneliseka. Uyisayinela ntoni loo leta echaza ukwaneliseka? [Kwaqhwatywa.] (Translation of Xhosa paragraph follows.)
[Regarding the houses that have been built by developers, people should be aware not to sign letters stating that they are satisfied with them without having seen whether they are of standard quality. People should not just sign. Why would you sign thereby accepting that you are satisfied? [Applause.]]
Deputy Chair, the existing backlog also indicates the correctness of the position of our Government that the provision of housing cannot be the sole responsibility of the Government. We do need partnerships. The private sector, especially the financial institutions, need to come on board. We welcome the fact that the Minister will continue to engage with the banks on a range of issues, from bad debts, redlining and subsidy-linked bonds.
The National Housing Finance Corporation, a housing institution created by the Government, has availed R1,5 billion to the Intermediary Finance Institution so that they can assist emerging contractors in the building of houses. The building of houses has a potential of bringing about basic infrastructure to our communities. Through housing people have access to piped water, through housing people have access to land; through housing people have access to electricity; through housing people have access to health; through housing people have access to vegetable gardens for food security and so on.
The central challenge is to provide synergies in the provision of these services; a need to align our delivery process in order to maximise our impact; to avoid incidences where houses are built and there are no roads, no schools, no clinics and no electricity, but most of all, no water, as it is in Stinkwater in the North West. Our government policies have created conducive environment for this purpose with the introduction of IDPs.
Section 26 of our Constitution states that the national, provincial and local government has a responsibility through legislative and other measures within available resources to achieve progressive realisation of the right to have adequate housing for all citizens. The Housing Act, Act 107 of 1997, in section 3, gives that responsibility to the province. Section 9 instructs local government to do likewise. The Municipal Systems Act of 2000, section 23, subsection 1, says that the municipality must undertake developmentally oriented planning referred to as the IDP in the provision of housing.
It is for that reason that the portfolio committee has shown a keen interest in the creation of IDPs. That is why we are inviting the executing mayors to come before the portfolio committee. Our major concern is whether all municipalities have developed the indigent policy so as to deal with this issue of water and rates. Our major concern is with regard to the category of the people we are providing houses to and the issue of child- headed households which remains a challenge to all levels of Government. We do congratulate the Durban Municipality that has reported to us that they have designed the policy.
I would like to thank the Minister, Comrade Mabandla, for inviting me to the Northern Province. It is clear to me that there is delivery in that province, especially in the rural areas. I also want to thank Comrade Nomatyala for joining and hosting us in the Western Cape during the visit. We are looking forward to be hosted by Comrade Paul in Gauteng in August and by the Eastern Cape in July.
Lastly, I would like to thank the Director-General of housing for her sterling work in the department. Also, I want to thank the members, from all parties, in the Portfolio Committee of Housing, for their hard work. Together we can make things happen. I thank you. The ANC supports this Budget Vote. [Applause.]
Ms J A SEMPLE: Deputy Chair, the DA would like to congratulate the hon Minister Brigitte Mabandla on her maiden speech as Minister of Housing. We wish you well in your future endeavours, Minister. You also seemed to have instigated a uniform for the ladies on the Housing Committee. We are all in red and black. [Laughter.]
The DA maintains that with housing policies aimed at the provision of formally constructed housing, it will be impossible to meet the housing backlog in the foreseeable future. The millions of people who still remain homeless, despite intensive construction over the past few years, is evidence of the enormity of the problem.
Government can be proud of the fact that more than 1,46 million houses have been built since 1994. However, there is still a backlog of over 2 million particularly in urban areas such as Gauteng and the Western Cape.
It would also appear that housing delivery has slowed down in all provinces for a number of reasons including, slow and tedious land transfers to municipalities, uncooperative traditional leaders and the introduction of the R2 479 beneficiary contribution not being properly factored.
I would agree with the Chairperson of the Housing Committee that the money budgeted by the department is not the problem, in fact most of the provinces are underspending their budgets. It was reported last week that the Eastern Cape with a budget of R1,1 billion available for housing, is expected to spend only R500 million, less than half of their allocated budget. Most of this is blamed on the fact that there is a lack of appropriate capacity in municipalities and unfunded mandates are sometimes used as a basis for not getting involved. The DA would not just confine capacity building to the municipalities but extend it to socio-institutional capacity building involving non- governmental organisations and community organisations which complement and supplement state capacity in the delivery of housing.
The DA believes that if more people were given access to housing, the subsidy must be made to work more productively. We propose separating the provision of shelter, which is an immediate priority and formal housing. The present delivery environment, whilst enabling, is not sufficiently tweaked to the various conditions and needs in the different provinces. The DA would support a phased delivery approach like the Mayibuye programme in Gauteng which offers serviced sites and houses built by the Peoples Housing Process. As in all schemes of this nature, houses built via the cooperative method bypass labour costs with the result that the houses are bigger, of better quality, individually planned and thus more aesthetically pleasing on the eye, than the rows and rows of little boxes that we presently see. This would also fast-track delivery.
The problem with the beneficiary contribution has already been pointed out. While the DA agrees that a contribution of this nature gives a sense of ownership and helps prevent a culture of entitlement, it would appear that not much thought was given by the Department of Housing as to exactly …
DEPUTY CHAIRPERSON OF COMMITTEES: Order, please! Order! Carry on, hon member.
… how the contribution will work and who would collect it. The fact that the subsidy in future will be increased on an inflationary basis is much appreciated by the DA, Minister, but we would like to suggest that future increases are applied across board. What I mean by this, is that in many large housing schemes it often take a few years before all the stands are sold and the development is then retarded due to the fact that building costs have escalated while the scheme is being funded on subsidies approved a few years ago.
The DA supports the objectives of the Community Reinvestment Act. Finance for housing must be made available to lower-income earners. However, the first draft of the Bill caused immense consternation as it was felt that the recommendations contained therein undermined the financial stability of the banking sector. These concerns must be addressed if the objectives of the CRA are to succeed. The question of affordable housing and financing calls for creative public-private partnerships between Government and business. It does not require the heavy hand of coercion and the new CRA must steer clear of imposing unrealistic burdens on the banking sector. Where possible, efforts of the banking sector in this regard could form part of the BEE contributions in the financial services sector.
The dire shortage of rental housing is well-known. The Appeal Court decision regarding the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act has further exacerbated the problem. The Minister would be aware that I submitted a Private Member’s Bill in this regard and in reply to a recent question, she committed herself to having the relevant amendments to the Act brought before the portfolio committee within three months. I was dismayed on recently receiving a programme of the committee’s activities to see that these amendments are only scheduled for October this year. Please, Minister, would you see if you could speed things up as promised in view of the serious affect this is having on the rental housing market?
Corruption remains a problem and we are pleased that investigations are being instigated in this regard especially by the DA MEC for Housing in KwaZulu Natal with remarkable success. [Interjections.] A case was recently brought to my attention where a low-income earner purchased a vacant stand in Tembisa, Ekurhuleni, and while the full price was paid two years ago, transfer has only just taken place and that after a lot of pushing. When a third party enquired whether interest would be paid on the money held over the two year period, she was told by the attorney that the purchaser ``had not asked for interest’’. This is absolutely unacceptable. I would suggest that the larger proportion of the budget be earmarked for educational purposes, not only for first time homeowners in regard to maintenance and other financial responsibilities but also as to their rights as housing consumers.
Problems are also experienced at the upper end of the market. the National Home Builders Registration Council (NHBRC) set up by Government to protect housing consumers against shoddy workmanship, a measure we in the DA fully support, has in some cases overstepped its mandate. Several cases have been brought to my attention where genuine homeowner builders have been forced to register with the NHBRC even though they are not legally required to do so. Such owner builders, even if they experience problems with homes they have built themselves, are hardly likely to apply to the NHBRC for compensation under the warranty scheme.
Finally Minister, I am sure that you are well aware that many people in informal settlements would rather have jobs than houses. You are not responsible for the economic growth that would make this possible but in the meantime we need to look at more innovative, cost-effective and environmentally friendly housing alternatives that would speed up housing delivery to the nation. Thank you.
Ms S C VOS: Chairperson, Minister, we all know that few issues of national interest and importance are as emotive as housing. At their Western Cape conference on Saturday, members of the IFP youth brigade in Gugulethu spoke on a range of matters relevant to them. High on the agenda was, as they put it, the degradation of the bucket system and that RDP houses were, as they called it, `unAfrican’. There is no doubt that their views are shared by other youth, their parents and their extended families across the party- political spectrum throughout South Africa.
The old saying that ``the home is where the heart is’’, really rings true. The IFP supports this Vote, not because we believe that it is adequate, as you well know, for the growing needs of the homeless and migratory South Africans, or that we are blind to the problems that face the department. The fact is that much has been achieved in very very difficult circumstances. We have been encouraged today Minister by your numerous announcements. Specifically related to the establishment of sector regulatory structures and the recognition that the quality of housing is as important, if not more so, than mere numbers.
We are really encouraged by your very positive remarks in this regard. We also applaud your announcement that housing subsidies are to be increased, and we share your previously stated remarks concerning problems relating to the banking sector. We wish you well in trying to break through that impasse. As we know, problems relating to the access to land and obtaining land for housing is also a huge problem which you are having to deal with. We recognise existing realities and we acknowledge that your department is beset with issues not of your own making, which regrettably impact on the majority of Government policies and programmes, housing included.
Matters relating to capacity and corruption, appear to be a golden thread that weave their way through the majority of the debate we are hearing in this House on budgets. Maladministration, fraud, theft, and other irregularities continue to plague departments, not only yours, and specifically in housing relating to the subsidy schemes, the illegal sale of RDP homes, as we read about in the Western Cape, to gangsters, has caused a huge worry.
We can only urge you to attempt to reinforce your department’s special investigative task team, to enable it to ruthlessly crack down on all who see this Government’s housing programmes as fair game for ruthless self- enrichment at the expense of the poorest of the poor. We fully concur with the viewpoint that access to housing and secure accommodation is an integral part of Government’s commitment to reducing poverty and improving the quality of our citizens’ lives. Yet we all know that there is more to it than that. Personal, family and community needs are at the heart of it all, and not just roofs over people’s heads. We have built hundreds of thousands of RDP homes that many people say they don’t like. Many are poorly constructed, we know that. Houses with toilets only a few feet from kitchen sinks. Houses where families of adults and youths are forced to sleep cheek by jowl. Houses with no land for additions or little scope for alterations.
We are told we are building unAfrican homes, which will not encourage any sense of care for them, or by their very nature in high bulk environment, little sense of pride and community spirit. We also really need to look at the accompanying much-needed parks, churches and community centres, which seem to be absent from many developments. We all know that human settlement is a hugely complicated matter and the IFP believes it is now time perhaps for some reflection and analysis of how we are establishing these communities. Are we constructing, in some cases, social time-bombs?
I think we need to now urgently heed the warnings of some social workers and psychologists and other health professionals, who have told us in many of our hearings, that the aberrant sexual behaviour of many of our youths who are now in the criminal justice system, can be related to the conditions under which they were raised, and specifically to overcrowding and exposure to adult sexual activity at too early an age. We acknowledge that these are hugely sensitive and complex matters which we cannot resolve overnight, but nevertheless, we ignore them at our peril.
We note that in various reports on housing developments throughout South Africa, experts in the field acknowledge that cooperative programmes about which you spoke, which have incorporated self-help and self-reliance of the future residents are extremely successful. Once more, Minister, we thank you for really focusing on this issue here today, and highlighting the emphasis on self-sufficiency and the involvement of the beneficiaries. We clearly must get people personally involved in the design and construction of their homes and communities.
As we all know the recent international conference on sustainable development and the associated input from housing professionals from all over the world, brought forth many wonderful and innovative housing alternatives to the little boxes on the hillsides that we are currently constructing. I think we need to focus more on innovative design.
Finally, Minister, it is well known that the IFP enjoys the support of tens of thousands of citizens who live in hostels, particularly in Gauteng and KwaZulu-Natal. There was a time when these people were persecuted for their support of the IFP, and attempts were made to actually cage these persons like animals behind barbed wire and other barricades. Thankfully this is no longer the case, but we all know the history of why these men are there, and how residency has become intergenerational.
Now that we are a democracy, we cannot suddenly expunge the realities of our past. These hostel residents feel as passionate about their accommodation as do residents in Claremont and Crossroads. In this respect we urge you Minister to be particularly sensitive to the needs of these persons in these hostels, about whom little is said, and to recognise the enormous sensitivities and complexities surrounding what are perceived to be top-down, heartless and dictatorial approaches to the upgrading, and in some cases, the demolition of these homes. Thank you. [Applause.]
Ms M M RAMAKABA-LESIEA: Chairperson, hon members, partners, friends, our newly appointed Minister of Housing - Comrade Brigitte Mabandla - and public members joining us today, I greet you all, especially the Mamas housing project, the homeless women’s federation. [Applause.] I am aware that government policy does not promote discrimination of any kind, but there is something that is so compelling and I find it very hard to ignore.
In our day’s Budget Vote, allow me to talk about the role played by women in housing. There shall be houses, security and comfort, so reads the line in the Freedom Charter. Before I can go on talking about women’s role in housing, I would first like to thank the ANC-led Government for converting this statement which sounded more like a dream at that time into reality. The ANC’s commitment to housing our nation was not only by word of mouth. Their commitment is demonstrated in their policies that do not only promote delivery, but delivery that is realised through participation, contribution and involvement of ordinary citizens of our country. The people’s housing process was adopted on the basis of making people become part of their development and destiny. Unlike the apartheid government, the decisions are not made for the people but made with the people. As a result of this democratic approach ordinary people are able to form partnerships with Government and can therefore own the policies that Government is implementing.
The male dominated world that we live in has undervalued women and their role in society. It has ascribed leadership roles to men and created a stereotype that women can only be mothers, tea makers and caregivers. But if you define the role played by women in any household, you will realise that women are actually the Trevor Manuels of this world - the finance ministers. Women control the budget and balance books at the end of the day. When the going gets tough, they never break down and cry in total despair. But men find running away from a problem as the best solution to solving it, leaving women with an added responsibility of having to care for children with little or no resources at all. This makes women feel the impact of homelessness the most.
Meanwhile society has painted a picture of women as helpless beings, not that they own any such proof. Through the people’s housing process, women have proven that they do not need any financial management degree to be able to save for their homes and manage their finances. To those people who think that poor people cannot do anything for themselves, I have just one thing to say to them: Shame on you. Women from poor backgrounds have responded positively to the Government’s call for participatory democracy, and doing wonders, thanks to the ANC Government.
With the little help from the Government, they can even do more. Up to April 2002, women through smaller groups of PHP in collaboration with People’s Dialogue and Homeless People’s Federation had delivered 18 138 units nationally. [Applause.] To those who are sceptical about poor people’s ability to save, I would like you to know that these houses were built through savings and sweat equity. Saving is not a new thing.
What the ANC Government has done by promoting savings was to restore values of an old tradition. It is a pity that some of us in this House, particularly the rich and those on my left, do not know what I am talking about. You must have experienced poverty at some stage in your life to have a clue. When apartheid preserved jobs for white people only, the poor people did not fold their arms. Instead our people became more creative than ever before and developed innovative livelihood strategies. Stokvels became part of those survival strategies and they did survive.
Don’t go anywhere for evidence, I am one of those people. [Applause.] So let us not patronise the poor and insult their abilities by making them believe they can do nothing. Here in the Western Cape, women from humble backgrounds have organised themselves into one coherent group of 326 members known as the Mamas Community Development Project. [Applause.] Within a period of 14 months these women have managed to save up to R303
- Talk about the poor who cannot save. [Applause.]
The people’s housing process is not only about building houses, but also about creating society, and in our context as South Africans, women in PHP play a critical role in integrating our society along racial and religious lines. It is about creating opportunities of at least one or two families to be able to put bread on the table for the duration of the project. The participants in the above-mentioned projects, whom I might add are 95% women, are Africans, Coloureds, Indians and Whites.
When the project is complete, these beneficiaries will be staying together, not as Coloureds and Africans but as citizens of South Africa. [Applause.] With its emphasis on savings, the people’s housing process is, in my view, echoing the principles of Vukuzenzele. By adhering to the principle of Vukuzenzele, PHP participants are helping Government create a society that is self-reliant, promoting a culture of involvement and contribution and practically reducing the dependency syndrome.
Women’s critical role is not just about mobilising themselves to register their housing needs, but also to take initiatives in realising them. We have seen the Victoria Mxenge Project making tremendous inroads in lobbying for land. We have seen them getting involved in every sphere of construction, not just doing the planning and designing of their homes and not just as labourers on the construction site, but most importantly, as project managers and real decision-makers. PHP gives them that opportunity.
As I have mentioned before, because they are the ones who feel the impact of homelessness the most, women have been more successful and dedicated in solving their problems than their male counterparts. To mention just a few successful people’s housing process projects. The Uitenhage PHP project in the Eastern Cape has done wonders by completing over 3000 houses, [Applause.] and the houses built won a national award, awarded by former Minister, Comrade Sankie.
This project trained 975 people and accredited them with certificates in bricklaying, plumbing and electricity. The Sinethemba Site B project in Khayelitsha completed 287 in one year. The Matlakeng PHP project in the Free State is also regarded as the best. This proves beyond any doubt that women are not only eager, but also capable of delivering. Because of the combination of sweat equity and monetary contributions, I have never heard of one case where these beneficiaries gave up their houses for next to nothing.
I am forever grateful to our former Minister of Housing, Comrade Sankie and to those MECs who have given the PHP the utmost consideration it deserves. I would at the same time, like to make a humble appeal to the new Minister to better and refine it in a way that gives more support and enhances the process. Comrade Nomatyala, PHP has never been better in the Western Cape since you took over. I understand you have approved 42 PHP projects in one year. [Applause.] Halala Ntombazane!
As far as areas that need improvement are concerned, I would like to tell the National Minister that I am concerned that the process of skills transfer which is the emphasis of this policy, is not given enough attention. The support centres for the PHP groups are not functioning as they should. This might defeat the purpose. We need to take facilitation of these groups back to where it belongs on a permanent basis, to the provincial departments, as opposed to leaving them on the independent facilitators.
All they are after is the R36 000 facilitation grant and after that, they will be gone without even having properly facilitated the groups. Not that I have anything against it, but it somehow worries me to see that it is only men dominating the construction industry. Government needs to do something to cater for women-headed emerging contractors. I am concerned that the provincial department’s capacity to handle the PHP is being outgrown by the demand for PHP. I appeal to the MECs to see to it that they beef-up their departments with personnel in order to meet this challenge.
I also appeal to municipalities to make sure that they get involved with the PHP at an early stage, that they approve building plans as fast as possible and the issue of title deeds is addressed as soon as an application is made. I also appeal to all officials in Government structures to treat our people with respect and dignity. You are not doing our people a favour by serving them, it is your job.
For the record, PHP is not meant for women only, but because it comes with a lot of hard work and effort, most men just scared of getting involved.
Ladies and gentlemen, I thank you. Halala Makhosikazi! Halala! [Applause.]
The CHAIRPERSON OF COMMITTEES: Order! Before I call the next speaker, there are too many private conversations going on and you are conversing far too loud. Thank you very much. Mr C B HERANDIEN: Thank you, Mr Chairman. Allow me also to congratulate the hon Minister on her first speech as Minister. We wish you well. I think that by now, seeing that you’ve already travelled throughout most of the provinces, you will have a deep sense of the major task that lies ahead.
Die Grondwet, soos die agb voorsitter van die portefeuljekomitee tereg genoem het, plaas ‘n verpligting op die Regering om, waar die nodige bronne beskikbaar is, behuisvesting te voorsien. Daar word ook in die Behuisingswet, Wet 107 van 1997, baie duidelik gestel dat die drie vlakke van regering moet saamspan om die lewering van huisvesting te vestig. Dan moet ‘n mens jou egter onmiddellik afvra: word dit werklik waar gedoen?
As ons nou kyk na vandag se begroting wat deur die agb Minister ingedien is, is dit duidelik dat die Regering van sy kant af sy deel doen. Die Regering kom sy grondwetlike verpligtings na deur geld beskikbaar te stel. Die Regering maak hierdie geld aan provinsies beskikbaar en die provinsies is veronderstel om dit aan die plaaslike owerhede beskikbaar te stel. Die drie vlakke van regering moet saamwerk. Agb minister, vir my is daar iewers iets nie lekker nie. Op bladsy 20 van u verslag, u ``strategic plan,’’ gee u ons ‘n opsomming van wat die lewering van huisvesting tot einde Januarie was, en ek lees aan u ‘n paar syfers voor uit die statistiek. Onder meer sê u in u verslag die Vrystaat het tot 31 Januarie 466 huise gebou; die Noord-Kaap, 638; Limpopo, 600; die Wes- Kaap, 2 358 …
‘n AGB LID: Die Oos-Kaap, niks!
Mnr C B HERANDIEN: Terloops, die eienaardigste van alles is, die Oos-Kaap het tot 31 Januarie 63 137 huise gebou! [Tussenwerpsels.] Agb minister, my bekommernis is - die agb voorsitter van die portefeuljekomitee het ook daarna verwys - hoe dit moontlik is dat dit die leweringsgetal tot 31 Januarie is, maar dat dit dan ook die vier provinsies is wat u spesifiek vermeld en sê dit is die mense wat hul volle begroting bestee het.
Die agb voorsitter van die portefeuljekomitee het gesê bestedingspatrone moet verander, want daar kan nie soveel geld in Februarie en Maart bestee word nie. Nou ontstaan die vraag: is die geld bestee? Ek neem aan ja, maar is die lewering daar? Dit is waarna ons moet ondersoek instel. Die geld is bestee. Nou moet ons ons die vraag afvra: die boeke klop in die provinsies, maar waar is die huise? [Tussenwerpsels.] Is daardie geld oorgedra en oorgeplaas na munisipaliteite toe?
Dit is die vraag wat ons moet beantwoord, want wanneer as ons kyk na die totale uitstaande bedrag benodig vir huisvesting, kan ons nie volgens hierdie stelsel werk nie. Dan baat dit nie dat die nasionale Tesourie geld beskikbaar stel en dan ook in persverklarings hul bekommernis uitspreek omdat die geld nie bestee word nie. Ons sal ernstig daarna moet kyk.
Die vorige spreker het gesê - ek stem heelhartig met haar saam - die beste en grootste produk wat ‘n mens kry, is wanneer jy die peoples’ housing process aanpak, maar ons moet ook in gedagte hou dat die peoples’ housing process nie vir almal is nie. Ons het ou mense, ons het mense met gebreke, en ons sal ‘n program moet uitwerk waarvolgens ons dienste aan erwe gaan lewer. Die peoples’ housing process kan voortgaan, maar daar is ‘n groep mense vir wie ons ook sal moet voorsiening maak, vir wie getender sal moet word sodat ons vir die gestremdes en dies meer voorsiening kan maak. Daar is ook ‘n ander rede waarom ‘n afname in die lewering van huisvesting voorkom is. Verlede jaar gedurende die begroting, toe die R2,479 miljard aangekondig is, het ek vir u voorganger gesê ek stem heelhartig daarmee saam; mense moet ‘n bydrae lewer, maar die inwerkingstelling daarvan moet ons bespreek. Ek sal graag met u daaroor privaat in gesprek wil tree, want ek het bepaalde idees. Ek wonder of dit nie tyd geword het dat ons munisipaliteite ingevolge artikel 2 van die Behuisingswet verplig om daardie geld aan ons mense voor te skiet, en dat mense dit dan oor ‘n tydperk aan die munisipaliteit terugbetaal nie, want die Behuisingswet maak voorsiening vir ‘n spesiale bedryfsrekening. (Translation of Afrikaans paragraphs follows.)
[The Constitution, as the hon chairperson of the portfolio committee rightly mentioned, obliges the Government, if the necessary resources are available, to supply housing. It is also very clearly stated in the Housing Act, Act 107 of 1997 that the three tiers of government must pool their resources to bring about the delivery of houses. However, then one should ask oneself immediately: Is this indeed being done?
If we look at today’s budget that was submitted by the hon Minister, then it is clear that the Government, on its part, is doing its share. The Government meets its constitutional obligations by making funds available. The Government makes these funds available to provinces and the provinces are supposed to make it available to the local authorities. The three tiers of government must work together.
Hon Minister, to me something is amiss somewhere in my view. On page 20 of your report, your strategic plan, you give us a summary of what the delivery of houses have been up to the end of January, and I want to to you a few figures from the statistics here. Among others you state in your report that the Free State built 466 houses up to 31 January; Northern Cape 638; Limpopo 600; Western Cape 2 358 …
AN HON MEMBER: Eastern Cape, nothing!
Mr C B HERANDIEN: By the way, the most peculiar of it all is, that the Eastern Cape has built 63 137 houses up to 31 January! [Interjections.] Hon Minister, my concern is - the hon Chairperson of the portfolio committee also referred to it - how is it possible that this is the delivery figure up to 31 January, but then these are also the four provinces that you singled out and said they were the people who had spent their full budget.
The hon chairperson of the portfolio committee said that spending patterns should change, because so much money cannot be spent during February and March. Now the question arises: Has the money spent? I assume that yes, but is the delivery there. This is what we should investigate. The money is spent. Now we have to ask: The books balance in the provinces, but where are the houses? [Interjections.] Has that money been carried forward and transferred to the municipalities?
This is the question that we must answer, because if we are looking at the total outstanding amount needed for housing, then we cannot work according to this system. Then it does not help that the National Treasury makes money available and at the same time voice their concern that the money is not spent. We must take a serious look at this.
The previous speaker said - and I agree with her wholeheartedly - the best and biggest product that one gets, is when one undertakes the People’s Housing Process, but we should also bear in mind that the People’s Housing Project is not for everybody. We have old people, we have people with disabilities and we must work out a programme according to which we are going to service erven. The People’s Housing Process can continue, but there is a group of people for whom we must also make provision that will have to go out on tender in order that we can make provision for the disabled and suchlike.
There is also another reason for the decrease in the delivery of housing. Last year during the budget when R2,479 billion was announced, I told your predecessor that I wholeheartedly agreed with it; people must make a contribution, but we must discuss its implementation. I would like to enter into some discussion with you about that, because I do have certain ideas. I wonder if the time has not come that we compel the municipalities in terms of section 2 of the Housing Act to lend that money to our people and that the people can pay it back to the municipality over a period of time, because the Housing Act does make provision for a special operating account.]
How many municipalities out there always plead poverty? They never have any money, but I know of a few who have got special … not operating accounts, but special savings accounts.
Daarom het ons in die portefeuljekomitee gevra dat ‘n diepgaande oudit gedoen moet word van die boeke van alle munisipaliteite in die land sodat ons kan kyk waar die geld is wat veronderstel is om in hulle boeke te wees. (Translation of Afrikaans paragraph follows.)
[For that reason we in the portfolio committee asked that an urgent audit of the books of all municipalities in the country should be done so that we can see where the money is that is supposed to be on their books.]
The special operating account is supposed to contain allocations for housing delivery.
Ek weet van ‘n munisipaliteit wat konsultante aangestel het om vir hulle te sê hoe om R40 miljoen ten beste te belê. Ons kan dit nie bekostig nie. Daar moet dringend daarna gekyk word. (Translation of Afrikaans paragraph follows.)
[I know of a municipality who appointed consultants to tell them how best to invest R40 million. We cannot afford this. An urgent investigation into these matters is needed.]
Another point is the institutional subsidy - a very good thing - but nobody wants to touch it because of the administrative capacity that they don’t have. Why can’t we force the municipalities to become the institution? We have done it in the past and it worked perfectly. They’ve got capacity. Every time you want municipalities to do something they tell you they haven’t got the capacity, but they’ve got enough officials to even invade Iraq. [Interjections.] Why can’t they do this? They will help us enormously, because they are at grass-roots level; they are in the position to co-ordinate and administer this whole process.
Die laaste punt wat ek graag aan u wil voorhou, Minister, is die volgende kwessie. U voorganger was bewus daarvan en die voorsitter van die portefeuljekomitee kan u ook daaroor inlig. Ons het probleme gehad in sekere provinsies waar oordrag nie kan plaasvind nie as gevolg van die feit dat dit stamgrond is. Daar sou ‘n verandering in wetgewing en regulasies gekom het. Ek wil weet hoe ver gevorder is met hierdie proses sodat ons ook daardie mense kan help. Veral in Noordwes, in die voormalige Bophuthatswana, het ons probleme ondervind en kan daardie mense nie oordrag kry nie.
Ten laaste net, Minister, wanneer u met die banke gaan onderhandel, wil ek aan die hand doen dat u asseblief vir hulle sê dit help nie hulle gee vir ons mense lenings en dan gebeur wat in die tagtigerjare gebeur het nie. Toe Blue Downs aangelê is, was die rentekoers 11,25%, en twee jaar later, toe draai hy by 27%, en niemand kon die lening meer bekostig nie. Wanneer ons met die banke gaan onderhandel, moet ons kyk na maniere waarop ons die banke kan vra om daardie rentekoerse in ‘n mate vir ons konstant te hou, want mense kan dit eenvoudig nie bybring as die rentekoers met 5% styg nie. Dan raak dit onbekostigbaar.
Ons wil graag hê die finansiële instellings moet help, maar hulle moet ons help sodat ons kan voortgaan om in ons huise te bly. Hulle moenie ons mense uit hul huise net help nie. Hulle moet ons bystaan sodat ons ons huise bekostigbaar kan kry.
Ek het ‘n heel laaste punt, en dan sal ek loop. U kollega die Minister vir Provinsiale en Plaaslike Regering het sy wetgewing deurgevoer wat sê geen oordragte mag plaasvind nie tensy dienstegelde ten volle betaal is. In die Wes-Kaap het ons wetgewing ingedien wat sê vir die doeleindes van die kapitaalsubsidie kan met die munisipaliteit reëlings getref word en kan oordrag geskied. (Translation of Afrikaans paragraph follows.)
[The last point I would like to present to you, Minister, is the following issue. Your predecessor knew about this and the chairperson of the portfolio committee can also inform you. We had problems in certain provinces where transfer could not take place due to the fact that it was tribal land. There would have been a change in the legislation and regulations. I want to know how much process has been made with the process so that we can help those people too. Especially in the North West province, in the erstwhile Bophuthatswana, we encountered problems and those people could not get transfer.
Lastly only this, Minister, when you go and negotiate with the banks, I suggest that you please tell them that it does not help if they give our people loans and then something happens like in the eighties. When Blue Downs was built, the interest rate was 11,25%, and two years later it turned at 27% and no one could afford the loans anymore. When we negotiate with the banks we must look at ways of how we can ask the banks to keep those interest rates constant to some degree, because people can quite simply not afford it if the interest rate rises by 5%. Then it becomes unaffordable.
We would like the financial institutions to help, but they must help us to keep on staying in our houses. They should not help our people out of their houses. They must help assist us so that we can render our houses affordable.
I have a final last point and then I shall go. Your colleague the Minister for Provincial and Local Government passed his legislation which states that no transfers may go through unless service fees have been paid in full. In the Western Cape we submitted legislation which states that, for the purposes of capital subsidies, arrangements can be made with the municipality and transfer can then take place.]
The CHAIRPERSON OF COMMITTEES: Order! Hon member, your time has expired.
Mr C B HERANDIEN: Praat asseblief met u kollega sodat daardie verandering aangebring kan word. Ek dank u. [Tussenwerpsels.] [Please talk to your colleague so that this amendment can be effected. I thank you. [Interjections.]]
Mrs R M SOUTHGATE: Madam Minister, there is a wide discrepancy between money spent on the quantity of houses built and the quality of these homes.
The Government prides itself on having built about 1,3 million houses since 1994, but closer inspection reveals that these homes fall apart within a few years. People are forced to live in matchbox-type houses in which no regard is given to space or privacy. The houses built deprive people of their human dignity. Millions of rands are allocated to building inspectors, with very little administrative accountability required from the department or the contractor to enforce capacity and capability to deliver.
Instances have been recorded over the past few years which show the department’s insufficient handling, monitoring and implementation of housing projects. For instance, a recent article in the Sowetan states that a company which had been awarded a contract of R7,5 million to build 500 houses had been liquidated.
The newspaper’s investigation at the site found that only a few incomplete houses and toilets had been erected. The department had already paid the company R4,2 million of the R7,5 million contract. How could so much money have been given to a company when there is almost zero proof that anything has been done? The department is guilty of gross neglect and if it was possible, should be held responsible as an accomplice in the theft of taxpayers’ money and denying people their constitutional right to shelter.
In the Western Cape the Anti-Eviction Campaign employs unlawful tactics to force people out of their homes. A mother’s home in Khayelitsha was allegedly torched by this group because she had bought a repossessed house. Whatever grievances the Anti-Eviction Campaign may have, their actions are unwarranted, and the police and the department appear helpless to assist. The administrative standards and delivery of houses are in a crisis, and the standards to protect the basic needs of our people are of a poor quality.
The CHAIRPERSON OF COMMITTEES: Order! Hon member, your time has expired.
Mrs R M SOUTHGATE: Thank you.
Mr G D SCHNEEMANN: Chairperson, it seems that I too have joined the black and red brigade of today. Chairperson, comrade Minister, comrades and hon members, I wish to congratulate the hon Minister Brigitte Mabandla as Minister of Housing and wish her well in her new role as the builder-in- chief. We are confident and know that she will ensure the continued implementation of the policies of the ANC and of our Government in the programmes of the Department of Housing.
Over the past nine years, the housing delivery programme of our Government, the ANC-led Government, has played an important role in helping to push back the frontiers of poverty. We have witnessed over 1,4 million beneficiaries receiving new homes, positively impacting on the improvement of the living standards of over 5 million people. The housing delivery programme has not just delivered new homes. It has also seen the delivery of electricity, water, sanitation and other services such as clinics, schools, roads and community centres amongst others.
Since 1994, our Government has spent over R5 billion on bulk infrastructure needed for housing development and plans to spend a further R8 billion over the next three years, bringing total expenditure to R13 billion by the year 2005/06. All of this has improved the quality of living standards of millions of our people resulting in the frontiers of poverty being pushed back. We are indeed seeing the Freedom Charter document being transformed into a living reality for our people. I wish to quote from it as follows:
All people shall have the right to live where they choose, be decently housed and to bring up their families in comfort and security. … Slums shall be demolished and new surburbs built where all have transport, roads, lighting, playing fields, creches and social centres.
The housing delivery programme is not just about the building of homes. It covers a wide range of areas such as access to finance, rental housing, the quality and standard of construction and saving schemes, amongst others. These necessitated the creation of various housing support institutions such as the National Home Builders Registration Council, Servcon Housing Solutions, Thubelisha Homes, National Urban Reconstruction and Housing Agency, Peoples Housing Partnership Trust, Rural Housing Loan Fund, National Housing Finance Corporation and the Social Housing Foundation.
These institutions are expected to assist in achieving the following objectives. These include encouraging the formal banking sector to increase lending to the lower end of the housing market, proactive steps to foster growth and development of the emerging alternative lending sector, initiatives to stimulate the provision of housing under a variety of tenure options and mechanisms to promote and expand the amount of personal savings mobilised in the housing process.
Mr K M ELLIS: [Inaudible.]
Mr G D SCHNEEMANN: Thank you, Mr Ellis.
All of these institutions are required to submit quarterly reports to the Department of Housing in accordance with the Public Finance Management Act, with annual reports being tabled in Parliament.
For the purposes of this debate, I want to focus on three institutions, namely the National Home Builders Registration Council, Servcon Housing Solutions and the National Urban Reconstruction and Housing Agency.
The National Home Builders Registration Council was established to provide protection for housing consumers through a home warranty protection scheme against defects in new homes, to regulate the home building industry through the registration of builders and to set ethical and technical standards for the residential building industry.
With effect from 1 April 2002, the warranty scheme was extended to cover the Government housing subsidy scheme as the Minister has indicated. This is in line with the Department of Housing’s emphasis on quality construction. The NHBRC will ensure that all homes are inspected prior to handover by the contractor. The inspections will focus on structural aspects such as the foundation and roof overhangs. Where it is found that construction does not comply with the required standards, the contractor will be required to rectify this before the house can be signed off. This will ensure that beneficiaries receive a quality product and that the housing subsidy receives value for money.
Whilst the NHBRC inspection will focus on the structural aspects of the house, consideration should be given to include the inspection of the minimum standards as laid out in the housing code. As we have been going around the country, we have noticed that some developers have tended to deviate from the minimum standards as set out.
The training of emerging contractors is of critical importance. Whilst on the one hand inspections are carried out to ensure a quality product is delivered, emerging contractors need to receive both the support and training in order for them to deliver a quality product. The training should not only focus on construction methods but also needs to focus on areas such as financial management and general business skills so that these contractors are able to succeed beyond their involvement in the building of subsidy homes.
We are equally confident that corrupt and unscrupulous contractors will be frightened away from participating in this important area of delivery due to the strict requirements that will be set out in the warranty scheme. The warranty scheme excludes homes built under the people’s housing process. We in the ANC urge that communities and individuals who participate in the people’s housing process, be assisted in accessing the correct training so that the product they build is one of quality that meets the required standards.
Servcon came into being out of an agreement entered into between the Government and the Banking Council which represents the banks. Servcon was mandated to manage the disposal of properties, in affected areas. A critical part of Servcon’s mandate focuses on rightsizing. The concept of rightsizing is unique in that it has targeted specific home-owners, who due to various reasons, were not able to afford the homes they owned and faced eviction by the banking institution from which they had secured their home loan. This agreement, which Government entered into with the banking sector, provided an alternative to eviction and homelessness. It allowed for an affordable interim rental to be negotiated, a special subsidy to be provided for by Government for an alternative and more affordable home, subsequently allowing for the original homes to be sold back into the housing market.
The affected home owners were invited to become part of this unique intervention on the part of Government. Many effected homeowners have accepted and have benefited from this intervention. They have been in effect able to walk away from the debt which they had and start afresh in a new and more affordable home. Because of the care of this ANC-led Government, a beneficiary of this intervention wrote on the wall of her home and I quote:
At last I have a home and I can sleep without the worry of bank debts over my head.
Unfortunately, some elements, particularly here in the Western Cape, have sought to derail this unique and important intervention. They call themselves the Anti-Eviction Campaign. They intimidate individuals who have decided to accept the rightsizing intervention. Many of them have not paid their home loans to banks for many years. They themselves entered into agreements with banks to purchase their own homes and have subsequently defaulted. Again I want to clearly state that it is this ANC-led Government which decided to intervene and assist affected home-owners covered by the record of understanding who faced potential evictions by banking institutions.
We want to appeal to members of the Anti-Eviction Campaign here in Cape Town, to work and co-operate with Government because it is the right thing to do.
Currently, we are seeing a situation in our country whereby many home- owners are battling to afford the homes they have purchased through financial institutions. Whilst we do not expect financial institutions to become charitable institutions, we do expect that they give proper advice to prospective home owners and that they also explain fully the consequences of defaulting on home loans.
We further ask that financial institutions act with compassion when dealing with individuals who genuinely face difficulties in meeting their home loan obligations. Furthermore, we call on prospective home owners not to over commit themselves but rather to buy what they can afford today and not what they think they can afford tomorrow.
Nurcha was established in 1995 as an RDP Presidential Lead Project by an agreement between the South African Government and the Open Society Institute of New York to help release finance for low-cost housing from financial institutions. One of their programmes is to initiate the development of savings to increase access to affordable credit and other housing benefits for lower income consumers.
Nurcha has undertaken commendable work throughout the country holding workshops to teach and educate communities about the benefits of saving. They have negotiated with certain banking institutions across the country where they have managed to introduce the National Savings Scheme, a savings plan that is accessible to the poor. To date, over 40 000 people have registered with the scheme as savers.
This is in line with the housing subsidy requirement whereby beneficiaries are required to save an amount of R2 479 as a contribution towards the housing subsidy. Beyond just contributing this money, it also helps to create and promote a culture of ownership and will hopefully lead to and discourage the selling of homes and renting of homes by beneficiaries once they receive them. Nurcha also educates community members about housing, teaching them to see their home as an asset and how they can use it to generate income possibly as a venue for a home business. By saving they can extend their home which would also help to increase its value.
Throughout the country we have seen communities starting up saving schemes resulting in them being able to build bigger homes and to extend their existing homes. The Homeless Peoples Federation is an example of this where through their savings schemes, homes in excess of 50m2 have been built. The housing support institutions and others that I mentioned earlier are doing extremely good work. Unfortunately though, not enough of our people know about these institution. We would urge these housing institutions to promote themselves more aggressively and to provide easily accessible information to communities, particularly communities in the rural parts of our country.
As I draw to a conclusion, I wish to discuss an issue that is happening in my constituency and I am sure elsewhere in the country. Recently, the Minister of Labour announced the wage determination for farmworkers. In my constituency, Randfontein, we are now starting to get reports that farmers are attempting to evict workers from their farms. We want to appeal to these farmers to treat farmworkers as human beings and to treat them as they themselves would want to be treated. One of the consequences of these actions will be that farmworkers will lose their accommodation and find themselves homeless. Our Government is implementing programmes to ensure that farmworkers are able to live in a secure manner without having to constantly worry about whether they will have somewhere to stay tonight or not.
Having had the opportunity to be part of the Housing Portfolio Committee visits to seven of our provinces, I can confidently state that much has changed in our country since 1994. The housing delivery programme has touched almost every city and town in our country. In each housing development that we have visited, the response from the beneficiaries of the housing delivery programme is that their living standards have indeed changed.
As a proud member of the ANC I wish to join my fellow comrades in supporting this Budget Vote. [Applause.]
Mme M A SEECO: Modulasetulo, UCDP e amogela Tekanyetso-Kabo eno. Motlotlegi Tona ya Matlo, ga gona mokgoro o o sa neleng. Tapol e bodileng e ka bodisa kgets. Tiro yotlhe e ntle eno, e na le selabe sa borra-konteraka ba ba dirisang metswako e tlhwatlhwa tlase mo dikagong di le dintsi. A Tekanyetso- kabo eno e re agele matlo a tota, a a tlhwatlhwa e a tshwanelang. (Translation of Tswana paragraph follows.)
[Mrs M A SEECO: Chairperson, the UCDP accepts this budget. Hon Minister of Finance, problems never cease to exist. One rotten potato spoils the rest. This whole great job is spoilt by building contractors who use cheap materials in the construction of many buildings. This budget should build us real houses, those whose value suits their prices.]
Hon members, access to adequate housing is now a fundamental human right embodied in section 26 of the Constitution of South Africa. Hence the aim of the Department of Housing is to ensure that every South African, particularly the poor, have access to permanent residential structures within sustainable human settlements.
The hon Minister of Housing has to be applauded for providing more than 6 million poor people with homes since 1994. This reflects an improvement in living conditions for 4% of the population. Projects are considered under programmes such as infrastructure upgrading initiatives to facilitate the redevelopment of depressed areas or to improve access to employment and business opportunities.
The people’s housing process recognises the efforts and initiatives of those who prefer to build their own houses and are prepared to commit their resources, skills and energies in housing themselves. It provides technical, financial and other support to these people. The total amount allocated to all provinces for housing capacity building in 2002-03 is R10 million. The money has been allocated directly from the National Treasury to the respective provinces. They have to take into account current housing needs and backlogs as well as available resources and on that basis, prioritise the needs of the various national housing programmes.
The lack of capacity which entails an efficient workforce and the installation of appropriate technology, equipment and … [Time expired.]
Ms C I LUDWABE: Mhlalingaphambili kunye noMphathiswa wethu obekekileyo nesimthandayo, uSihlalo wethu, uMphathiswa wethu wePhondo namalungu onke ale Ndlu, ndiyanibulisa.
Ndifuna ukumcela uMphathiswa wethu ukuba angazikhathazi ngabantu abangazange bayive intlalo-buhlungu ebesikuyo yokuthatha ikiliva uyidibanise nomhlaba, wenze indawo yokuhlala. Abantu abangazanga bachaphazeleke apho makangazikhathazi ngabo, kodwa makajonge phambili kuba siyazi ukuba xa ingumama ojongene nophuhliso, luza kwenzeka. [Kwaqhwatywa.]
Mhlalingaphambili ndinovuyo ukuthatha inxaxheba kolu hlahlo-lwabiwo-mali. URhulumente wethu siyamncoma simbulela ngokusakhela izindlu. Namakhosikazi ngoku ayakwazi ukuba nezindlu. Namhlanje nangaya siwabona edwele phaya emahle ekwazi ukuzakhela izindlu. Namhlanje umntu uyakwazi ukuvuka kusasa abambe iglasi yamanzi emi phambi kwendlu yakhe. Sithi kuRhulumente kaKhongolozi nangamso. [Kwaqhwatywa.]
Mhlalingaphambili ndicela ngokuzithobileyo kwiinkokheli zasezilalini nezemveli ukuba zikhuthaze abantu ngophuhliso lwezindlu kuba uRhulumente wakha nasezilalini kuba abanye abantu bathi ziza kutshintsha iilali zibe ziilokishi. Ayinjalo ke loo nto. URhulumente ufuna wonke umntu afumane ubuncwane ngokufanayo. Siyambulela kuba nasemaphandleni izindlu ziyakhiwa. Amaphandle ke ayizolali kuphela. Kukho namafama ahlala kumhlaba kaRhulumente, esicela ukuba nawo mawangalityalwa. EBhayi iindawo ezinjengeSeaview, Fisher’s Corner nezinye, sicela ukuba uMphathiswa azijonge kuba abanazindlu abantu abakuzo, bengenawo nombane kunye nezindlu zangasese. Siyathemba ke ukuba kuza kuyiwa nakuzo kuba kwakhiwa naphina. Siyakha nakwiindawo ezinjalo into kuyo sesiyaleza kuba uMphathiswa ufike zingekagqitywa ezi iindawo. Siyazi ukuba uRhulumente wethu, apho sisuka khona, ukusukela ngo-1912 ukuza kuma namhlanje, akazange ajinge kwizithembiso awabethe uza kuzizalisekisa. Usekuzo nangoku. Ngaloo mazwi ndithi enkosi kuMphathiswa nakuMhlalingaphambili. [Kwaqhwatywa.] (Translation of Xhosa speech follows.)
[Ms C I LUDWABE: Mr Chairperson and our hon Minister whom we love, our Chairperson, our MEC for the province and the members of this House, I greet you. I want to ask our Minister not to worry himself about people who have never gone through the painful life, which we experienced, of taking a wheelbarrow loaded with sand and setting up a place to stay in. He must not worry himself about those who were never affected but he must look forward, because we know that if it is a woman who is tasked with development, it is going to happen. [Applause.]
Chairperson, I am delighted to take part in this Budget Vote. We commend and are grateful to our Government for having built houses for us. Women can now also own houses. There they are today, beautiful as they are and able to build houses for themselves. A woman can wake up today in the morning and hold a glass of water in front of her own house. We are saying to the Government of the ANC: Go on, do likewise in the future. [Applause.]
Chairperson, with respect, I ask leaders in the villages and traditional leaders to encourage people with housing development, as Government builds even in the villages. Others say the villages will change into townships. That is not so. Government wants everybody to taste the fruits in the same manner. We are grateful to Government because houses are also being built in the rural areas. Rural areas do not consist of villages only. There are farmers as well who occupy Government land, about whom we ask that they not be forgotten. In Port Elizabeth, at places like Seaview, Fishers’ Corner and others, people have no houses, electricity and toilets, and we ask the Ministers to afford these places attention. We hope that they will also be visited as the process of building houses takes place everywhere. We build even in places like that, but we just want to issue a caution, as these places had not yet been completed when the Minister arrived.
We know that our Government, from 1912 until today, has never reneged on what it promised to fulfil. It is still committed to the promises. With those words I thank the Minister and the Chairperson. [Applause.]]
Mr P J NEFOLOVHODWE: Chairperson, section 26 of the Constitution gives everyone the right of access to adequate housing, and section 28(1)(c) affords children the right to shelter. Section 28(1)(c) and section 26, in other words, raise questions about enforceability as well as accessibility by citizens to social and economic rights. For example, in this context a group of children living in appalling circumstances such as the streets of Hillbrow or any street in our country, are they in terms of section 28(1)(c) supposed to be afforded adequate shelter by the state?
AZAPO believes that the position of street kids warrants examination in terms of section 28(1)(c) of our Constitution. To this end, AZAPO also accepts that resources might not be adequate to deliver immediate shelter to these children. At the same time we are of the view that despite the question of resources, the state must demonstrate that every effort has been made to use the resources at its disposal to satisfy the minimum core of this right.
AZAPO’s view is that ever since the new dispensation, the position of street kids and their housing needs in particular, has been relegated to NGOs and other bodies that are championing children’s rights whilst actually section 28(1)(c) contemplates that these children should be afforded this right. It is however, our argument that the real question in terms of the Constitution is actually whether adequate measures have been taken by the state to realise the right afforded by section 28(1)(c) and if adequate steps have been taken, whether these are reasonable in comparison with the available resources at the disposal of the state.
I now turn to section 26 of our Constitution and I provide its provisions as a point of departure. In that section it is stated that:
Everyone has the right to have access to adequate housing. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.
No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.
To this end, banking institutions in particular, have not played their part, because many of our people have been evicted without any real reasons that are prescribed for in this section. AZAPO believes that the provision of housing should not only mean bricks and mortar which presently is met by the so-called RDP houses. Most of these houses qualify as brick and mortar. To AZAPO, decent houses require available land, appropriate services such as the provision of water and the removal of sewerage. Therefore, for a person to have access to adequate housing contemplated by the Constitution, there must be land; there must be services; there must be a structure.
To this end, AZAPO makes a distinction between those who can afford to pay for housing and those who cannot. For those who can afford to pay for adequate housing, AZAPO believes that the state has played its part and continues to facilitate access to shelter by this group but for those who cannot, the poor, particularly the vulnerable, AZAPO believes their needs require special and urgent attention and AZAPO also is pleased that the new Minister has indeed announced that this is going to happen. The so-called RDP houses being bricks and mortar do not, in our view, meet the requirements as set out in the Constitution. To this end we are pleased to note that the department does indeed also in the Budget Vote admit to this and has promised to improve this area in this regard.
We hope that the department under the new Minister, will attend to this dehumanising phenomenon of our country’s housing system for the poor. We also notice that the Budget Vote does not deal with the systematic programme for the housing needs of poor people in most of the rural areas and we are also pleased that the new Minister has announced that this will be attended to.
Despite all these reservations, AZAPO supports the Budget Vote.
Ms S RAJBALLY: Thank you Chairperson, Minister.
The aim of the Department of Housing is: To determine, finance, promote, co- ordinate, communicate and monitor the implementation of policy for housing and human settlement’’. With the harsh situation of poverty in South Africa and the need to correct the injustices of the apartheid regime, the Minority Front notes the challenges incumbent upon this department.
With the majority of our population illiterate, unemployed, living in informal settlements with minimal resources, the need for this department to utilise the budget it is allocated wisely is crucial. It is pleasing to note that since December 1994 some 1,45 million housing subsidies were approved and 1,3 million housing units constructed. This certainly has contributed to our challenge to overcome poverty and promote sustainable development.The focus in this department and housing policies have notably shifted from the quantity of houses erected to the quality of house erected.
Another issue of concern regarding the department would be that of informal settlements. We have to do something to get these people proper living conditions and resources. Those who survive in these settlements are made nomadic and forced to move from time to time, resulting in violence and discontent as recently experienced in the Sweet Home Settlement in the Western Cape.
The importance of this department in generating sustainable development, employment and wealth is crucial. The need for private investment and efforts are necessary and the Department appears to have established a good working relationship with the private sector in doing so.
The Minority Front though is confident in the department’s ability to perform. In view of the budget allocated to the department it is hoped that it shall assist in the delivery and attainment of the department’s aims in line with our citizenry’s needs. The Minority Front is further pleased to note the increase in the budget allocation to the Housing Sector Performance Programme, communication, housing development funding and housing equity. It is hoped that the funds be utilised wisely to attain our intended results.
At the end of the day we are striving to overcome poverty, inculcate sustainable developmemt and ensure a nation where our people’s needs are met and guaranteed as priority. Let us get together and strive for a better South Africa in pushing back the frontiers of poverty. The Minority Front supports the Budget. Thank you. [Applause.]
Mr J H NASH: Mr Chairperson, never in the history of this country has such a massive housing development programme been embarked upon, especially for the poor and historically marginalised of our society. The development targets set by the ANC-led Government was achieved. In other words, more than 1,46 million homes have been developed.
The opposition has consistently pointed out that the development of one million homes was unrealistic and never achievable. They complained about the size and quality of these homes without saying that they preferred the vast majority of these new home-owners to live in squatter camps rather than to have a small home that can be incrementally developed. It should be clear to all that these new home-owners were previously excluded from either owning land or a home under apartheid South Africa.
It is now imperative that after Government has met the target, there is a shift in the next phase of housing development from quantity to quality for the historically disadvantaged.
In this regard, it is important to highlight the constituency that I have the privilege to serve. In Barkley East, a new housing scheme was built. The homes are of brick construction and are 40m² in size. The community in Barkley East volunteered to clean the streets; to open the drains and to clean the hospital, which they did. Barkley East won the award as the cleanest town in the Eastern Cape.
What is important is the size of the homes. If the contractor who could produce 40m² homes in an area that is far from building suppliers, where transport costs are high, and still stay within the subsidy, it should be possible for contractors in urban areas to do the same. You will note that I am pleading that contractors should build bigger homes.
Contractors in urban areas are hellbent on making huge profits as they skimp on building materials and the size of homes. The major contractors have not entered into the spirit of caring and developing, so anything will do as long as the contractors make maximum profits.
We acknowledge that business is about making profit, but contractors must also plough back a share of their profits in the spirit of pure community development.
In the new phase of developing homes for the poor, the size of the home is important as a 40m² home allows for the development of different rooms, thereby separating parents from their children when at night they are nation-building. [Laughter.] It also allows children to burn the midnight oil when they study without disturbing working parents. This development would positively contribute to the moral regeneration of our communities. In Lady Grey, we were able to erect four thermally efficient homes with the assistance of the Netherlands government who provided the extra R3 000 per home to make the homes thermally efficient. Lady Grey is one of the coldest places in South Africa. Passive thermal efficiency was utilised. The houses had longer roof overhangs to keep out the overhead rays of the sun in summer, but still allows the slanting rays of the sun to penetrate the house in winter. The houses were north-facing, to enjoy the maximum sunshine. Ceilings and floor coverings were installed and doors and windows were properly fitted to seal the homes against harsh weather. These improvements cost an extra R3 000 per home. With the subsidy of R17 000 at that stage, the thermally efficient home costs R20 000. Minister, we should really think of further improving the quality of life of the poor by adopting passive thermally efficient building methods.
It is equally important to deal with the redlining policy of the banks. It is becoming more and more difficult for people in historically disadvantaged areas to obtain housing loans. In most disadvantaged areas there is a ceiling placed on loans irrespective of the value of the homes. This inhibits people from improving their homes as they will not obtain a return on their investment, should they want to sell their homes. This practice also inhibits the property market in disadvantaged areas as property values are in a de facto sense capped. This is also a technique to ensure that certain areas are still kept lily white, as redlining prevents the upward social mobility of people of colour. [Laughter.]
I must really commend the level of intergovernmental co-operation for the manner in which they have improved the lives of our people. The Department of Water Affairs and Forestry has made possible 50 kilolitres of free basic water; the Department of Agriculture and Land Affairs is providing food in the form of seed to the poorest households; the Department of Minerals and Energy will roll out 50 kilowats of free basic electricity, and the Department of Social Development has brought better pensions, disability grants and child support grants. These initiatives have brought poverty relief and pushed back the frontiers of poverty in every way.
Rural communities are being provided with non-grid electricity in their homes. This allows for modern communication into rural homes, which was previously unheard of and allows for educational development in the homes.
Clinics and schools have been electrified in non-grid areas through solar energy and photo voltaics, allowing for development of the sciences in the schools and medicines to be stored under optimal conditions.
Communications have also improved with the supply of telephones through photo voltaics, thus making this medium of communication possible as well as young schoolchildren now having access to the Internet.
I must also commend the Department of Minerals and Energy for introducing the low-smoke coal initiative in Soweto. This initiative would help families to eliminate the health hazards of smoke inhalation.
I better stop highlighting the remarkable level of delivery before the House is disrupted through the crying of the opposition DA. [Laughter.]
The opposition has given a lot of advice. Ms Semple has given us a bit of policy; Ms Vos has given us a bit of policy and Mr Herandien, the ex-MEC has given us a lot of policy. I don’t want to talk about the ACDP. Thank you very much for your bit of advice because we know it all already. We don’t want to be told by you what to do. [Laughter.] [Applause.] The Minister is very capable of doing what she has to do.
I want to turn to Mr Lee. Mr Lee comes from the Eastern Cape. He doesn’t even know that 6 000 homes were built in the Eastern Cape. [Laughter.] [Applause.] What is the good of having a representative in Cape Town who comes from the Eastern Cape who doesn’t even know what is going on in the Eastern Cape? [Laughter.] [Applause.] But he is asking what is the Government doing. He hasn’t listened to my speech on all the things the Government has done. [Laughter.] [Applause.] This is the level of opposition we’ve got! [Interjections.]
Mr M J ELLIS: It wasn’t worth listening to!
Mr J H NASH: Yes, it wasn’t worth listening to, exactly because you don’t know what it is to be poor. [Interjections.] [Applause.] You don’t know that. You’ve got a golden spoon in your mouth. You don’t know what happens in a poor community. I challenge you to go and spend one night in a poor area so that you can be educated.
Mr Lee, you have spoken about Vergenoeg in East London. Do you know that in Vergenoeg, East London we have very big housing projects? I know what is going on in my constituency. Poor Mr Lee, he doesn’t know what is going on in his own constituency, but he is talking about my constituency of Vergenoeg. [Laughter.] [Applause.] He doesn’t talk about Port Elizabeth, where he comes from.
The ANC and the people of South Africa expect no less from Government than the level of delivery thus far achieved.
Here are the never-never boys and if the ANC-led Government actually took the never-never approach of the DA, then we would have landed ourselves back into the old South Africa under a new democratic dispensation.
Minister, the problem that we currently face in the housing sector is that the opposition, in the form of the DA, is hopelessly ineffective in making constructive suggestions for the development of security, peace and comfort. The reality is that throughout your term as Minister you have not received any concrete proposals for the supply of low-cost housing to the historically disadvantaged communities … [Interjections.]
Mr M J ELLIS: Go and look in KwaZulu-Natal!
Mr J H NASH: Do you know that some of the housing schemes in KwaZulu-Natal have such small houses that you can’t even have a room to swing a cat in them? [Laughter.]
Minister, the reality is that throughout your term as Minister you have not received any concrete proposals for the supply of low-cost housing to the historically disadvantaged communities at the cheapest possible price. [Time expired.] [Applause.]
The MINISTER OF HOUSING: Chairperson, what do I honestly say after Mr Nash? Comrade thank you for that input. I want to make a general statement before I respond to the inputs from the debate. Firstly, I want to generally thank all of you who participated in the debate in that all of you support this Budget. But I also want to say that in fact I know that a number of issues that you have raised are matters that have arisen over the years when you dealt with housing.
My budget speech was essentially a report-back on measures that were taken to address the problems that you have raised over the years. It is in that context that I will then respond. I will take this opportunity to say what I wanted to say earlier on; I thank the people who received me who are in PHP and I noted very carefully the remarks they made, and of course I forwarded it to the DG. But also I would like to thank the Chairperson of the Portfolio Committee on Housing. We have had very constructive engagement, and in fact I look forward, very soon, to meeting the portfolio committee. I had a very heavy schedule and I couldn’t do it sooner.
Some of the issues that have been raised in the House therefore, I believe, pertain to work in progress. There are no easy answers, and we have to keep engaging around them. I am truly happy that the MECs are here because in a sense we will be working very closely as a team and consulting on some of the very daunting challenges that housing faces. Having said that, let me then quickly respond. I will give general answers because there is no way that in the short period of time I can deal in detail with the issues that have been raised.
Hon Semple raised a number of issues. I think I should begin with the one that was raised by hon C B Herandien, my own Comrade Z Kota as well as Semple. This has to do with the understanding of provinces. It has been an ongoing challenge. Indeed 24% is very high. We will have to find a mechanism, whether we incentivise or we challenge, to address this particular matter. It is an issue that we were seized with at the last Minmac. I think that we will eventually get some working strategy to deal with that particular challenge. But we must know that it is a systemic problem. It has to do with basic infrastructure, essential governance and even the establishment of layers of governance, both at provincial and local level. You know local government is a very new level of governance. That is really a very broad answer.
The deposit taking strategy is to be implemented by Nurcha. Again it’s a matter that we will come back to and deal with it in detail. It should be dealt with before the portfolio committee.
The amendment of the Prevention of Illegal Eviction Act has been drafted and will be submitted to Cabinet. I would like to assure you, hon member, that I will move for speedy attention. [Applause.] We are aware that it results in constraints of the rental market. I have to move with speed but the issues are so many.
I must say that the issue of NHBRC exemption for owner-builders is a matter that has actually been dealt with. In a way I would answer, but hon Schneeman I think that we can discuss that matter separately. I don’t want to open the debate at this particular moment when we haven’t tabled the Community
Reinvestment Bill before Parliament. We will have an engaging debate around this particular issue, but I would say to hon Semple that there is a misunderstanding. I am reading it differently. I think that the whole idea is to create an enabling environment to facilitate credit access for lower end of earners. I think that is an important point. But it is a matter that we will revisit.
The point that Mr Herandien is raising is that the transfer of houses is hampered by the need to first pay arrears in rates and taxes. I am informed, and we have looked at section 118 of the Municipal Systems Act, that it has been amended to allow for the transfer of houses without the requirement to first settle outstanding arrears in taxes and rates. This has allowed indeed for provinces and local authorities to actively pursue the transfer of houses.
On the issue of provision of housing for the indigent, disabled, aged, etc, that was really part of my input. Effectively, what I was saying was that a system has been put in place and Minmac has actually endorsed the processes that have been suggested to it. But there is commitment and it is a policy issue in the Department of Housing.
With regard to rural housing as well, we have received a lot of comments that do not require answers. We are being urged to address the problems. We are being told how acute the problems are, and some of the remarks actually come from my own members. And here I am talking about my dear Comrades Ludwabe, Lishivha and Nash. We are listening to you, and we hear you. These are ongoing challenges, but we will address them.
As for the rural communities, there is policy in place. The question is whether this is being implemented or not. I am hoping that the portfolio committee will always assist us in this regard. We carefully monitor implementation of policy.
I took short-cuts. I have extensive responses here, but I do realise that some being work in progress we do need to engage in a forum that will allow for an actual debate.
Regarding the question on hostels which has been posed by hon Vos, please note that in fact there is a policy that has just been revised that looks at norms and standards in the whole policy of revamping of hostels and that policy requires that we should consult. It is a matter that is receiving attention and you are of course welcome to raise details with me.
May I then take this opportunity to announce a cocktail and to invite the stakeholders, all of you in the House to please come and join us at the Marks Building. I thank you. [Applause.]
Debate concluded. The House adjourned at 19:27. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 16 MAY 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Draft Bills submitted in terms of Joint Rule 159:
(1) Black Economic Empowerment Bill, 2003, submitted by the Minister
of Trade and Industry on 7 May 2003. Referred to the Portfolio
Committee on Trade and Industry and the Select Committee on
Economic and Foreign Affairs.
National Assembly:
- Membership of Joint, Standing and Portfolio Committees:
(1) The following changes have been made to the membership of Joint
Committees, viz:
Improvement of Quality of Life and Status of Children, Youth and
Disabled Persons:
Appointed: Durand, J.
Intelligence:
Appointed: Abram, S.
(2) The following changes have been made to the membership of
Standing Committees, viz:
Public Accounts:
Appointed: Madikiza, G T.
(3) The following changes have been made to the membership of
Portfolio Committees, viz:
Agriculture and Land Affairs:
Appointed: Abram, S; Mothiba, L C (Alt).
Correctional Services:
Appointed: Maseka, J T; Mkono, D G.
Defence:
Appointed: Makanda, W G; Koornhof, G W (Alt).
Environmental Affairs and Tourism:
Appointed: Mbadi, L M (Alt).
Finance:
Appointed: Koornhof, G W; Maseka, J T.
Foreign Affairs:
Appointed: Madikiza, G T.
Health:
Appointed: Abrahams, T (Alt); Nkabinde, N C; Van Wyk, A (Alt).
Housing:
Appointed: Mkono, D G (Alt).
Justice and Constitutional Development:
Appointed: Maseka, J T.
Provincial and Local Government:
Appointed: Mothiba, L C.
Public Enterprises:
Appointed: Frolick, C T.
Public Works:
Appointed: Abram, S (Alt).
Safety and Security:
Appointed: Van Wyk, A.
Social Development:
Appointed: Mbadi, L M; Nkabinde, N C.
Sport and Recreation:
Appointed: Frolick, C T (Alt).
Transport:
Appointed: Makanda, W G (Alt).
Water Affairs and Forestry:
Appointed: Mothiba, L C (Alt).
- Referrals to committees of tabled papers:
(1) The following papers are referred to the Portfolio Committee on
Safety and Security and to the Portfolio Committee on Foreign
Affairs for consideration. The committees to confer and the
Portfolio Committee on Safety and Security to report:
(a) International Convention on Prevention and Punishment of
Crimes against Internationally Protected Persons, including
Diplomatic Agents, tabled in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum to the Convention on Prevention and
Punishment of Crimes against Internationally Protected
Persons, including Diplomatic Agents.
(2) The following papers are referred to the Portfolio Committee on
Safety and Security and to the Portfolio Committee on Justice and
Constitutional Development for consideration. The committees to
confer and the Portfolio Committee on Safety and Security to
report:
(a) International Convention Against the Taking of Hostages,
tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the International Convention
Against the Taking of Hostages.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(1) Proclamation No R.15 published in Government Gazette No 24974
dated 26 February 2003: Fixing of a date on which section 40(1) of
the Revenue Laws Amendment Act, 2001 (Act No 19 of 2001) and
section 130(1)(h) of the Revenue Laws Second Amendment Act (Act No
60 of 2001), shall come into operation in respect of certain goods
liable for Excise Duty, made in terms of section 40(2) of the
Revenue Laws Amendment Act, 2001 (Act No 19 of 2001) and section
130(2) of the Revenue Laws Second Amendment Act (Act No 60 of
2001).
(2) Proclamation No R.18 published in Government Gazette No 25007
dated 3 March 2003: Commencement of the Collective Investment
Schemes Control Act, 2002 (Act No 45 of 2002), made in terms of
section 118 of the Collective Investment Schemes Control Act, 2002
(Act No 45 of 2002).
(3) Proclamation No R.21 published in Government Gazette No 25027
dated 7 March 2003: Commencement of sections 20 to 31 of the
Financial Advisory and Intermediary Services Act, 2002 (Act No 37
of 2002), made in terms of section 46 of the Financial Advisory
and Intermediary Services Act, 2002 (Act No 37 of 2002).
(4) Government Notice No R.505 published in Government Gazette No
24697 dated 11 April 2003: Cancellation of appointment of
authorised dealers in foreign exchange, made in terms of the
Currency and Exchange Act, 1933 (Act No 9 of 1933).
(5) Government Notice No R.506 published in Government Gazette No
24697 dated 11 April 2003: Cancellation of appointment of
authorised dealers in foreign exchange, made in terms of the
Currency and Exchange Act, 1933 (Act No 9 of 1933).
(6) Government Notice No 511 published in Government Gazette No
24731 dated 17 April 2003: Designation of institution of which the
activities do not fall within the meaning of "The business of a
bank" ("Ithala Limited", a wholly owned subsidiary of Ithala
development Finance Corporation Limited), made in terms of section
1 of the Banks Act, 1990 (Act No 94 of 1990).
(7) Proclamation No R.27 published in Government Gazette No 24639
dated 1 April 2003: Abolition of Special Courts for hearing Income
Tax Appeals and establishment of Tax Courts in terms of section
83(3) of the Income Tax Act, 1962 (Act No 58 of 1962).
(8) Proclamation No R.28 published in Government Gazette No 24639
dated 1 April 2003: Fixing of date on which sections 5(1), 10(1),
11(1), 14(1), 15(1), 53(1), 54(1), 55(1), 56(1), 57(1), 58(1),
59(1), 60(1), 145(1), 160(1) and 182(1) of the Revenue Laws Second
Amendment Act, 2001 (Act No 60 of 2001), shall come into
operation.
(9) Proclamation No R.29 published in Government Gazette No 24639
dated 1 April 2003: Fixing of date on which sections 6(1)(n),
111(1) and 114(1)(b) of the Revenue Laws Second Amendment Act,
2001 (Act No 60 of 2001), shall come into operation.
(10) Proclamation No R.30 published in Government Gazette No 24639
dated 1 April 2003: Fixing of date on which section 40(1) of the
Revenue Laws Second Amendment Act, 2001 (Act No 60 of 2001), shall
come into operation.
(11) Government Notice No R.466 published in Government Gazette No
24639 dated 1 April 2003: Determination of limit on amount of
remuneration for purposes of the determination of contribution in
terms of section 6 of the Unemployment Insurance Contributions
Act, 2002 (Act No 4 of 2002), made in terms of section 6(2) of the
Unemployment Insurance Contributions Act, 2002 (Act No 4 of 2002).
(12) Government Notice No R.467 published in Government Gazette No
24639 dated 1 April 2003: Rules promulgated under section 107A of
the Income Tax Act, 1962 (Act No 58 of 1962, prescribing the
procedures to be observed in lodging objections and noting appeals
against assessments, procedures for alternative dispute resolution
and the conduct and hearing of appeals before a Tax Court.
(13) Government Notice No R.468 published in Government Gazette No
24639 dated 1 April 2003: Circumstances under which the
Commissioner for the South African Revenue Service may settle a
dispute between the Commissioner and any person, as contemplated
in section 107B of the Income Tax Act, 1962 (Act No 58 of 1962),
and section 93A of the Custom and Excise Act, 1964 (Act No 91 of
1964).
- The Minister of Public Works:
Strategic Plan of the Department of Public Works for 2003-2006.
MONDAY, 19 MAY 2003 ANNOUNCEMENTS:
National Assembly:
- Membership of Assembly:
(1) The vacancies which occurred owing to the resignations of Ms S
Mthembi-Mahanyele and Mr T Yengeni has been filled with effect
from 13 May 2003 by the nominations of Mr M O Robertsen and Mr M S
Moatshe.
(2) The vacancy which occurred owing to the death of Mr M Maphalala
on 5 February 2003 has been filled by the nomination of Mr V D
Mabuyakhulu with effect from 13 May 2003.
(3) The following member will be vacating his seat in the National
Assembly with effect from 1 June 2003:
Kekana, N.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report and Financial Statements of the Commission on Gender Equality
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 207-2002].