TUESDAY, 27 MAY 2003 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 14:02.

The Chairperson of Committees took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

                          NOTICE OF MOTION

Mr M WATERS: Chairperson, I hereby give notice that I shall move on the next sitting day:

That the House -

(1) notes that about 11 million South African children are living in poverty and that the eradication of poverty in our country should be a priority of the Government and the House; and

(2) commits itself to prioritise the fight against poverty and, in particular, investigate ways in which we can lift our children out of poverty through targeted assistance programmes and economic growth to create jobs.

                        EARTHQUAKE IN ALGERIA

                         (Draft Resolution)

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

That the House -

(1) notes that 2 169 people died in Algiers because of an earthquake, 8 965 were injured, a further 1 000 people are reported missing and 15 000 people are homeless; (2) expresses -

   (a)  its condolences to the families  of  the  deceased  and  to  the
       government and the people of Algeria during  these  painful  and
       challenging times; and


   (b)  its support and  appreciation  of  the  decision  of  the  South
       African Government to send South African National Defence  Force
       personnel to assist the rescue efforts of those who are  trapped
       in buildings and to provide  medical  help  to  those  who  were
       injured.

Agreed to.

         CONGRATULATIONS TO SIBUSISO VILANE AND GARY PLAYER

                         (Draft Resolution)

Mr M J ELLIS: Chairperson, I move without notice:

That the House - (1) congratulates -

   (a)  Sibusiso Vilane on becoming the first  black  person  to  summit
       Mount Everest; and


   (b)  golfer Gary Player on winning the  Laureus  Award  for  Lifetime
       Achievement; and

(2) commends both men for the inspiration they give to young athletes and the credit they have brought to South Africa and the region as a whole.

Agreed to.

         SA'S PRIZEWINNING EXHIBITION AT CHELSEA FLOWER SHOW

                         (Draft Resolution)

Mr J DURAND: Chairperson, I move without notice:

That the House -

(1) congratulates South Africa’s team on winning a silver-gilt medal for their exhibit of Cape flora at the Chelsea Flower Show in London;

(2) notes that the South African exhibit featured a tapestry of Cape floral kingdom species, extending from the mountain to the sea, complete with a deckchair, a sandcastle sculpture of Table Mountain and a rock pool;

(3) appreciates the effort of the exhibit organisers and all the people involved, and thanks them for all the hard work they put into designing and building the exhibit; and

(4) believes this achievement goes a long way in promoting South Africa as a tourist destination.

Agreed to.

                             AFRICA DAY

                        (Member's Statement) Mr M RAMGOBIN (ANC): Chairperson, in the days  of  liberation  politics  our country,  South  Africa,  reverberated  with  our  calls  of  ``Mayibuye  i- Afrika!''  and  refused  to  remain  tied  to  the  yoke   of   colonialism, imperialism and apartheid. Our gift to our  continent  of  the  hymn,  Nkosi Sikelel' i-Afrika, was yet another.

The total emancipation of Africa was a commitment made by the fathers and mothers of the OAU. We are emancipated, and even though our unity remains somewhat marred by colonial boundaries, we recognise our shared destiny. The ANC is committed to engaging in activities that will take the 2003 celebrations into the programmes and projects of Nepad to give firm meaning to Africa’s liberation. Nepad is our continental programme and the AU is a vehicle. We have to ensure that the entire continent enjoys peace, stability, development and democracy.

The celebrations mean that we have to be forever vigilant against destabilisation, aggression and undemocratic practices. Equally, the celebrations also mean that poverty in the midst of plenty will not be allowed to persist and that, on the basis of human rights, we also celebrate the AU’s charter on human rights which is a worthy gift to our continent’s children and their children.

For the ANC, the celebrations are an integral part of the continental movement of solidarity, stating to the world that Africa has the will and commitment to solve the problems as Africans with the pre-eminent choices of pushing back the frontiers of poverty and creating conditions for peace, security and stability.

The ANC calls on all political parties to begin to be engaged. This is a call to action to make that possible so that all of us, as Africans, share the burden of responsibility for our continent. [Applause.]

                    GENERAL AMNESTY FOR PRISONERS

                        (Member's Statement)

Mr M J ELLIS (DA): Mr Chairman, the DA is opposed to a general amnesty or mass presidential pardon for prisoners as a means of clearing overcrowded prisons, especially regarding those who are in prison for serious and violent crimes. It sends a wrong message, both to the general public who look to the state to protect them from crime and to the criminals for whom a prison sentence is supposed to be a deterrent.

Judge Fagan is correct in saying that South Africa’s jails are seriously overcrowded, which results in completely inhumane conditions. They were built to accommodate approximately 120 000 prisoners. They presently accommodate over 187 000, of which 57 000 are awaiting-trial prisoners.

The solution lies not in general amnesty, but in proper implementation of available remedies through the courts. The main problem is unsentenced and awaiting-trial prisoners. Many prisoners are in jail unnecessarily because they cannot pay any amounts of bail in relation to minor charges against them. There are at present two important avenues under the law to release them from jail or to prevent them from being jailed. The problem is that these are not being utilised. The first is a mass release of minor offenders who can’t pay bail under section 65(a) of the Criminal Procedure Act. The second is the use of pretrial services which utilise the community to ensure that minor offenders turn up in court for their trials without paying bail.

Judge Fagan confirmed that if these two available methods were utilised properly, we could release 20 000 prisoners within a matter of weeks. Rather than supporting a general amnesty, the Minister for Justice and Constitutional Development, Penuell Maduna, should ensure that these tools are applied within the courts. He should also provide the leadership and resources required to improve the efficiency and effectiveness with which criminal cases are processed through the courts.

The CHAIRPERSON OF COMMITTEES: Hon member, your statement was slightly over the time limit, and I will reiterate the call from other presiding officers that your statements should be within the given time.

                PROTECTION OF CHILDREN AGAINST ABUSE

                        (Member's Statement)

Nksz M XULU (IFP): Sihlalo, kuleli viki esikulo sigubha ukuvikeleka kwezingane kuyo yonke inhlobo yokuhlukunyezwa. Okubuhlungu kakhulu ukuthi nakuba sigubha leli Viki lokuVikeleka kweziNgane izigameko zokuhlukunyezwa kwazo zilokhu ziqhubeka emphakathini esiphila kuwo. Thina njengabantu besifazane kusizwisa ubuhlungu ukuqhubeka kwezigameko zokuhlukunyezwa kwezingane.

Kukhona isehlo esenzeke ngempelasonto endaweni yakwaMhlongo, eMandeni, lapho sizwa kuthiwa umlisa mumbe uthe uma efica izingane sezichithe upende wakhe wazikhokhisa ngokuziphoqa ukuthi zizipende ubuso nomzimba. Okubuhlungu kakhulu ukuthi lezi zingane okudlalwa ngazo zizintandane, azinabazali bokuzilwela.

Lesi senzo salo mlisa asikhombisi ukuthi unomqondo ophilayo, kwazise ukuthi lo muntu kade enguthisha wendawo ngaphambilini. Kuyamangaza ukuthi bushonephi ubuntu kuye nokuthi, njengothisha, akazami ngani ukuthi lezi zingane zisizakale ngokuya esikoleni? Esikhundleni salokho, uzenza izigqila zakhe zokwelusa izinkomo nezimbuzi. Bekungakuhle lo mlisa athole isijeziso esizoba yisifundo ezweni lonke ukuze kuthi nobesacabanga ukudlala ngengane azi kahle kamhlophe ukuthi akudlalelwa enganeni ngoba ingenabazali futhi ingenawo amandla okuziphindisela. Ngiyabonga. [Ihlombe.] (Translation of Zulu paragraphs follows.)

[Miss M XULU (IFP): Chairperson, this week we are celebrating the protection of children against all kinds of abuse. It is heartbreaking to realise that even though we are celebrating Children’s Week, incidents of child abuse are still continuing in our communities. This continuation of child abuse hurts us as women.

An event took place over the weekend at Mandeni in the Mhlongo area, where a certain man, having found that children had spilt his paint, made them paint their faces and bodies as a way of repaying him. What is bad about this situation is that these children were orphans, and they did not have parents to protect them.

This man’s actions characterise an imbalanced mental condition, especially because he had been a teacher in this area in previous years. This brings up so many questions about his humanity, and the fact that he is an ex- teacher means that he should find some means of getting these children some help so that they can go to school. Instead of helping them, he makes slaves of them, to look after his cattle and goats. It would be a good thing if this man were to receive severe punishment, which would be a lesson to the whole country so that even those who were still planning to abuse children should know that no one should abuse a child because he or she doesn’t have parents or the power to fight for him or herself against the abuser. Thank you. [Applause.]] The CHAIRPERSON OF COMMITTEES: Order! Hon members, can I have your attention please. Can all members be seated. We are using the floor microphones and members are walking up and down in front of the member who is speaking into the microphone - between the microphone and the Chair. I must ask you all to be seated.

Can we ask the service officers to refrain from handing out those booklets until after the members’ statements session.

                    INTERNATIONAL CHILDREN'S DAY

                        (Member's Statement)

Ms L M T XINGWANA (ANC): Chairperson, the period from 27 May to 2 June 2003 is Child Protection Week. The Government and civil society as a whole will use this week to highlight issues related to upholding and defending the rights of children. The international community will also celebrate International Children’s Day on 1 June.

Critical to reaffirming the rights of children is the need to highlight the plight of the thousands of children who are in armed conflict situations and those trapped in poverty. Society has an obligation to build a brighter future for all children. The ANC Government has made strides in ensuring that children from all walks of life have opportunities for a better tomorrow. The Government has ensured that our education system is transformed to equip the nation’s children with the necessary life skills. Health services are provided for free to women and to children under the age of six years. The Government has announced that the child grant will be progressively extended to children up to 14 years of age. These are just some of the fruits of the first decade of freedom for the nation’s children.

Whilst the Government has made these strides, the nation is still confronted with barbaric acts of child abuse. The nation of South Africa is confronted with the huge challenge of creating a caring environment for all children.

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

Ms L M T XINGWANA (ANC): We must highlight the value of the saying, ``Every child is my child’’ and make child protection everybody’s business. [Applause.]

The CHAIRPERSON OF COMMITTEES: Hon member, you went well over your time. I tried to indicate to you that your time had expired.

                ANTIRETROVIRAL DRUGS IN WESTERN CAPE

                        (Member's Statement)

Dr S J GOUS (Nuwe NP): Mnr die Voorsitter, die Nuwe NP neem kennis dat die Wes-Kaap sy stryd teen pediatriese vigs verskerp het en weer eens die voortou geneem het in die stryd teen MIV/Vigs. Gister is bekendgemaak dat swanger ma’s wat MIV-positief is, nou ‘n bykomende dosis antiretrovirale middels sal kry. Dit sal daartoe lei dat slegs ‘n baie klein persentasie kinders in die toekoms met die MI-virus gebore sal word.

Die Nuwe NP verwelkom hierdie stap, want nie alleen stel die Wes-Kaap ‘n voorbeeld van hoe MIV/Vigs effektief aangespreek kan word nie, maar hierdie nuwe dosis antiretrovirale middels sal ook daartoe lei dat die Wes-Kaap sy mikpunt om pediatriese vigs geheel en al uit te roei gouer sal bereik. Die Nuwe NP het nog altyd die standpunt gehandhaaf dat die gebruik van antiretrovirale middels nie genoeg beklemtoon kan word nie en dat dit een van die voorvereistes is om Vigs effektief aan te spreek.

Antiretrovirale middels kan nie net die oordrag van Vigs verhoed nie, maar kan ook vir mense wat reeds positief is ‘n beter lewenstandaard beteken. Dit word alreeds suksesvol in die private sektor gebruik. Die effektiewe gebruik van die middels in die openbare sektor kan nie langer uitgestel word nie. Die leidende rol wat die Wes-Kaapse regering in hierdie verband geneem het en deurgaans sal speel, sal hopelik die weg baan vir ander provinsies. Dankie. [Tussenwerpsels.] (Translation of Afrikaans member’s statement follows.)

[Dr S J GOUS (New NP): Mr Chairperson, the New NP takes note that the Western Cape has intensified its campaign against pediatric Aids, and once again took the lead in the campaign against HIV/Aids. Yesterday it was announced that pregnant mothers who are HIV positive will now receive an additional dosage of antiretrovirals. This will lead to only a very small percentage of children who will in future be born with the HI-virus.

The New NP welcomes this step, because not only is the Western Cape setting an example of how HIV/Aids can effectively be addressed, but this new dosage of antiretrovirals will also lead to the Western Cape reaching its goal to eradicate pediatric aids much sooner. The New NP has always maintained the point of view that the use of antiretrovirals cannot be emphasised enough and that it is one of the prerequisites to effectively address Aids.

Antiretrovirals not only prevent the transmission of Aids, but can also mean a better living standard to people who have already tested positive. This is already being used successfully in the private sector. The effective use of the medication in the public sector can no longer be postponed. The leading role that the Western Cape government is taking in this regard and will continue to play, will hopefully pave the way for other provinces. Thank you. [Interjections.]]

                      SEXUAL ABUSE OF CHILDREN

                        (Member's Statement)

Rev K R J MESHOE (ACDP): Chairperson, the ACDP would like to wholeheartedly support the cry of desperation from the organisation Women Against Child Abuse, for Government to stop shifting the blame for the levels of child abuse in South Africa, and change the legislation it created when this Parliament legalised pornography which contributes to the problem.

The SA National Council for Child Welfare says that it handles about 26 000 cases of sexual and physical abuse of children countrywide every month. The blame for the recent increase in child abuse and child rapes needs to be laid firmly at the feet of Government who, through its liberal and antifamily laws, and lenient sentences that are imposed on criminals, has created a climate conducive to the spread of the unacceptable behaviour of sexually abusing children who should be celebrating their innocence.

Crimes against children are taking on epic proportions, and the Government should at least ensure that a minimum life sentence is mandatory and imposed in all cases of child rape, as criminals found guilty of crimes against children often get off with nothing more than a slap on the wrist from the courts in our country.

The legislation on pornography has contributed to the problem. The ACDP wants to reiterate that Parliament made a mistake by legalising pornography which inflames the passion and lust of men and causes them to go out and commit despicable acts of rape and violence against defenceless children. For as long as we have so much pornography in this country, the incidence of rape of children will keep on increasing. Pornography is the theory, but rape is the practice.

                  CONSERVATION OF MALI MANUSCRIPTS

                        (Member's Statement)

Mr I VADI (ANC): Chairperson, on Sunday President Thabo Mbeki and Mali President, Amadou Touré, launched a presidential project of the Mali manuscripts during the Africa Day celebrations. These manuscripts from 14th century Mali provide early scientific study around weather, crops, geography and mathematics. These documents bear testimony to the fact that Africa contributed immensely to the development of world civilisation. These manuscripts are an important heritage of the African people as they work for unity, peace, prosperity and the revival of the African continent. The ANC commends Presidents Mbeki and Amadou Touré for launching a project for the conservation of these manuscripts. We believe that these manuscripts will give this generation and future generations better insight into and understanding of early civilisations in Africa and its contribution to the broader civilisation of the world. Thank you very much. [Applause.]

                         SECURITY IN SCHOOLS

                        (Member's Statement)

Ms N C NKABINDE (UDM): Chairperson, the UDM extends its sincerest condolences to the families of schoolchildren who died in the spate of shooting incidents in the past fortnight.

The UDM calls on both the Minister of Education and Minister of Safety and Security to immediately address the issue of security in schools so that shootings among pupils are prevented. The unfortunate and unnecessary deaths of these four pupils are a stark reminder of the extent to which the culture of violence in society has spread to our schools. Parents rightly expect that schools should be places of safety for their children where attendance is compulsory.

These incidents are an indictment of the Government which dragged its feet with the implementation of the Firearms Control Act. What happened to the intention of ensuring that schools would be gun-free zones? The UDM is of the view that regular surprise police inspections for drugs and dangerous weapons in schools will help to reduce the incidence of violence at schools. It will also encourage the silent majority to speak out against the hooligans instead of some of them themselves turning to violence in retaliation.

                      HEALTH MEC IN MPUMALANGA

                        (Member's Statement)

Mnr C AUCAMP (NA): Voorsitter, die Uitvoerende Raad van die Mpumalanga- wetgewer onder leiding van mnr Mahlangu het alle besluitnemingsmagte van me Sibongile Manana, omstrede LUR belas met gesondheid, en me Rina Charles, haar departementshoof, weggeneem.

‘n Verdoemende verslag deur die Ouditeur-generaal wat reeds in Oktober 2001 voltooi is, wys ernstige wanbestuur in die Tonga- en Shonwe-hospitale in Mpumalanga uit. Minstens twee babas is luidens dié verslag onnodig dood. Haar ondeurdagte en onwettige optrede teen dr Thys van Mollendorf is vars in die geheue, terwyl volgehoue klagtes van gemeenskappe regoor die provinsie ingestroom het.

Hoewel ‘n mens die optrede teen Manana verwelkom, is dit te min, te laat. Die vraag wat die NA vra, is dit: is besluitneming nie die wesenlike kern van ‘n LUR se pos nie? Wat is ‘n Minister of ‘n LUR wat nie besluite mag neem nie? Dis soos ‘n dominee wat nie mag preek nie - ‘n belastingbetaalde luukse-in-opleiding. Ons Minister van Gesondheid het onlangs haar ongekwalifiseerde steun aan Manana toegesê met die stelling dat sy bereid is om saam met haar tronk toe te gaan.

Die NA wil graag van die Minister weet of dit steeds haar standpunt is en of sy enige rol daarin gespeel het dat Manana nie vervang is nie. Die NA wil van die ANC verneem of hierdie reuseparty oor niemand beskik wat wel politieke verantwoordelikheid vir gesondheid in Mpumalanga kan aanvaar nie. Ek dank u. (Translation of Afrikaans member’s statement follows.)

[Mr C AUCAMP (NA): Chairperson, the Executive Council of the Mpumalanga Legislature under the leadership of Mr Mahlangu has taken away all decision- making powers from Ms Sibongile Manana, the controversial MEC charged with health, and Ms Rina Charles, her head of department.

A damning report by the Auditor-General, which had already been completed in October 2001 reveals serious mismanagement in the Tonga and Shonwe Hospitals in Mpumalanga. According to this report at least two babies died unnecessarily. Her ill-considered and illegal action against Dr Thys von Molendorf is fresh in our memory, while continuous complaints from communities throughout the province come pouring in.

Although one welcomes the action against Manana, it is too little, too late. The question posed by the NA is this: Is decision-making not the essential aspect of an MEC’s function? Of what use is a Minister or an MEC who may not make decisions? This is comparable to a parson who may not preach - a luxury-in-training paid for by the taxpayer. Our Minister of Health recently expressed her unqualified support for Manana with the statement that she was willing to go to jail with her.

The NA would like to know from the Minister whether this is still her standpoint and whether she played any role in the fact that Manana has not been replaced. The NA would like to ask the ANC whether there is no one in this huge party who could, in fact, accept political responsibility for health in Mpumalanga. I thank you.]

               SIBUSISO VILANE CONQUERS MOUNT EVEREST

                        (Member's Statement)

Mrs B M NTULI (ANC): Comrade Chair, Sibusiso Vilane of Mpumalanga made history by becoming the first black South African person to climb Mount Everest. Vilane’s first mountain-climbing experience was last year when he successfully climbed Mount Kilimanjaro. Vilane is reported to have cried while rejoicing in the realisation of his dream by reaching the peak of Mount Everest.

The ANC congratulates Sibusiso for successfully climbing Mount Everest. His success epitomises the uphill battle that the people of South Africa from all walks of life had to wage to defeat the Draconian system of apartheid, and build national unity and a nonracial, nonsexist and democratic South Africa.

He serves as an inspiration to all young people in our country to work selflessly in order to realise the noble dreams that inspired us as we fought for the freedom of all people in our country.

We hope that thousands more Sibusisos will flourish and tackle with diligence and determination all obstacles that we experience in our struggle to push back the frontiers of poverty and underdevelopment. Once again, the ANC congratulates Sibusiso and wishes him success in his future endeavours. I thank you. [Applause.]

                        CHILD SUPPORT GRANTS

                        (Member's Statement)

Mrs G M BORMAN (DA): Chairperson, the DA is deeply concerned that 11 million children in South Africa live in poverty. A study by the Children’s Institute at UCT based this finding on a poverty measure of R245 per monthly household income. They said that while the Government has implemented different poverty alleviating mechanisms, these efforts still fall short of meeting children’s basic needs and promoting their socioeconomic rights. They further stated that there is an urgent need to re-examine the Government’s poverty alleviating interventions. In October 2002 only 42% of children younger than eight years of age, who have the right to assistance through social grants, were benefiting from the child support grant. A lack of staff, officers and other resources made it difficult to register seven and eight-year-old children.

The DA believes that implementing a basic income grant of R110 per month will go a long way towards alleviating the plight of those children who live in dire poverty. However, even more important is the creation of jobs for some 7 million people who are currently out of work. I thank you. [Applause.]

                 DISCORDANT COUPLES AND HIV RESEARCH

                        (Member's Statement)

Dr R RABINOWITZ (IFP): Chairperson, recent research at Chris Hani Baragwanath Hospital has demonstrated the existence of so-called discordant couples - individuals in whom the HIV infection of one partner does not result in the second partner contracting HIV or Aids. A similar phenomenon was discovered in regard to sex workers.

Theories to explain this phenomenon abound. Some relate to increased immunity and some relate to genetic markers called human leukocyte antigens. These are proteins that play a role in activating the body’s immunity. A third theory suggests that the resistance is related to a specific co-receptor CD4 or Helper T cell. These cells normally contribute to a person’s immunity. When attacked by HIV, they begin to reproduce the virus. However, in discordant couples, there may be difference in co- receptor or Helper T cells, in particular those known as CCR5.

Though rare, the importance of these findings should not be underestimated, particularly by the research and academic community who fear that knowledge of this immunity will cause people to underestimate the danger of being infected with HIV. We would therefore like to encourage Sanac, Government Ministers and academic institutions to thoroughly investigate these phenomena, rare though they are, in order to drive Aids research into a different direction from antiretrovirals and vaccine research.

While we endorse current research, we feel that all avenues must be explored, including the understanding of natural immunity of discordant couples and investigating ways to boost immunity through diet, vitamins, homeopathy, traditional medicines and other reasonable mechanisms that have produced prima facie evidence of efficacy. [Time expired.] Thank you.

                       HOUSING IN WESTERN CAPE

                        (Member's Statement)

Mnr D A A OLIFANT (ANC): Agb Voorsitter, graag wil ons die Wes-Kaap se LUR vir Behuising, Me Hangana, asook die burgemeester van Kaapstad, Nomaindia Mfeketo, gelukwens met die oorhandiging van 1 443 huise binne een week in Franschoek en Atlantis. Ons neem verder kennis dat die laaste nuwe behuising in Franschoek 31 jaar gelede gelewer is en dat die vorige DA- regering eenvoudig net nie belang gestel het in die behuisingsontwikkeling van swartmense in dié gebied nie. Die ANC-NNP-regering het nou daadwerklik begin om die behuisingsprobleem in die Wes-Kaap op te los en terselfdertyd ‘n integrasieproses begin.

Tydens die DA-bewind in Atlantis was daar eenvoudig voortdurende vertragings en ook bankrotskap wat gelei het tot die likwidasie van die Blouberg-behuisingsassosiasie. As gevolg van wanbestuur kon hierdie huise nie betyds gelewer word nie, en die huise wat wel gebou is, was van ‘n baie swak gehalte en met baie gebreke. Weer eens moes die ANC-NNP-vennootskap intree en die likwidasieproses tersyde stel om huise betyds te kon lewer.

Laastens is dit duidelik dat ons ernstig is met die verbetering van ons mense se lewenstandaard en nie besig is met goedkoop politiek soos die DA, wat Vrydag tydens die oorhandiging van die huise in Atlantis ‘n georkestreerde protes gehou het en wat natuurlik gefaal het; om so die aandag af te trek van die goeie werk wat in die provinsie en in die Kaapstadse Munisipaliteit gedoen word. [Applous.] (Translation of Afrikaans member’s statement follows.)

[Mr D A A OLIFANT (ANC): Hon Mr Chairperson, we would like to congratulate the MEC of Housing for the Western Cape, Ms Hangana and the Mayor of Cape Town, Nomaindia Mfeketo on handing over 1 443 houses in Franschoek and Atlantis within in one week. Furthermore, take note that the last new housing was delivered in Franschoek 31 years ago and that the previous DA administration was simply not interested in the development of housing for blacks in this area. The ANC-NNP administration has now actively begun to resolve the housing problem in the Western Cape and initiated an integration process at the same time.

In Atlantis, under DA rule, there were simply too many continuous delays and insolvencies in Atlantis under the DA administration, which contributed to the liquidation of the Blouberg Housing Association. As a result of mismanagement these houses could not be delivered on time and besides, the houses that were in fact built were of a poor quality and had many defects. Once again the ANC-NNP partnership had to intervene and set aside the liquidation process in order to deliver houses on time.

Lastly, it is clear that we are serious about improving the standards of living of our people and that we are not busy with cheap politics like the DA, who, during the handing-over in Atlantis on Friday, held an orchestrated protest that naturally failed; thereby trying to divert the attention from the good work being done in the province and in the Municipality of Cape Town. [Applause.]]

                      YOUNG MPs LEAVING THE DA

                        (Member's Statement)

Mr A Z A VAN JAARSVELD (New NP): Chairperson, it must have been a sad day for the DA when their three young bright sparks, Raenette Taljaard, Nick Clelland-Stokes and Riaan Coetzee, in whom they invested so much, deserted the DA in such a short space of time. This does not come as a surprise. All three of them - unflinchingly rebelling against all tradition, and equipped with youthful and sometimes irrational passion - joined the DP and obviously felt at home lobbying elitist liberal principles. Coetzee, the main fight-back strategist; Clelland-Stokes, the presentable face of the party, and Taljaard, the superintellectual, threw in the towel and are now pursuing new career opportunities.

Is it possible that there is truth in the saying that wisdom comes with age, or have they just had enough of their leaders’ arrogance? Maybe they have realised that today’s DA is on the road to nowhere. Can it be true that they just can’t bring themselves to fight the struggle alongside a bunch of conservative right-wing veterans, and that they simply cannot justify themselves in their youthful circles anymore? [Interjections.]

Maybe, in future, the DA will think twice before accepting just anyone into their party. The question remains: Which of the other disillusioned members of the brat pack will follow suit in their effort to get out? I thank you. [Applause.] [Interjections.]

                         SECURITY IN SCHOOLS

                        (Minister's Response)

The MINISTER OF EDUCATION: Hon Chairperson, the hon member from the UDM raised the issue of guns in schools. I don’t think it’s proper to say that the Government is responsible for that. Our policy is very clear and it is being enforced in schools.

The first thing that we did, from 1999, was to fence the schools. Many of our schools were not fenced at all. In fact, the vast majority of schools which I have visited in the past four or five months are now fenced. That is the first step. The second step is that you can’t prohibit access. Schools are not prisons. We don’t want them to be similar to the inner city schools of the United States where there are armed guards who patrol schools. The important thing that the UDM must realise is that there is a proliferation of guns in our country. We declared schools to be gun-free, drug-free and free of dangerous implements nearly 18 months ago. We didn’t wait for the legislation. But the fact that you have passed the law does not mean that things will happen. We have severe penalties being imposed regarding motor car accidents. However, transgressions of the Road Traffic Act still take place. I think that it is the community sense that tolerates, for example, a policeman allowing his son not to steal but to take a gun into school. It’s the sense that we have no idea about the lethal nature of guns and the proliferation of guns. So, I ask the House to join us in trying to ensure greater consciousness about guns in our society.

By the way, I should say that South African schools are relatively free of the kind of violence that takes place not only in inner cities but in suburbia in other parts of the world and in the United States in particular. However, I am not satisfied. If 20 children have died - which I understand is the figure for the past two years - then that is 20 kids too many who have died. We must raise the consciousness of our society, which unfortunately shows tendencies towards violence, that this will not be tolerated. We must be united in action, not only in schools but everywhere in our society, to say that there is no hiding place for those who use guns and dangerous implements. [Time expired.] [Applause.]

                    GENERAL AMNESTY FOR PRISONERS

                        (Minister's Response)

The MINISTER OF CORRECTIONAL SERVICES: Chairperson, obviously, Judge Fagan who is also the inspecting judge of prisons is concerned about the state of overpopulation in our prison system and, I think, rightly so.

However, what Judge Fagan mentioned is not an entirely new practice. The issue of pardon or amnesty is an internationally accepted practice which is also attached to the powers and prerogatives of presidents. Some nations do it to deal with the questions of economic plight, particularly where prisons drain the economy and therefore those nations could not deal with priorities. Some nations also do it simply to mark a particular event and day in their history and others do it on a humanitarian basis. So it is not an entirely new practice.

The hon member is correct in saying that we do have some legal and constitutional provisions which we can aggressively pursue to make sure that we deal with this question of overcrowding. I think that the cluster of peace and security Ministers is also seized with that matter. It comes up again and again in most meetings. We are dealing with that question, but it is a very difficult matter to resolve as speedily as people would like us to.

                      SEXUAL ABUSE OF CHILDREN

                        (Minister's Response)

The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, I heard the hon Rev Meshoe saying people who indulge in all sorts of offences against children get off with light sentences. One would hope that the hon member bases that sort of assertion on a careful study of statistics and data in this regard, because if the hon member is merely making a statement it would, indeed, be a misleading statement which one would not expect from a member of this House. As members of this House, whether we like it or not, we are in a leadership position. So, the public out there is always entitled to assume that whatever utterances we make have a basis in fact.

Prisons have many people right now who are serving life sentences as a result of such offences. In one part of the country where I was yesterday, Thohoyandou, just in that region, the courts imposed 20 life sentences from the middle of last year towards the beginning of this year - 20 life sentences, and appropriately so.

I don’t know whether life sentences are sentences that can, by any stretch of the imagination, be described as light sentences. There is nothing light about a life sentence, hon member. Thanks. [Applause.]

AFRICA DAY: FROM 40 YEARS OF SOLIDARITY IN STRUGGLE TO A CENTURY OF UNITY AND PEACE

                      (Subject for Discussion)

Mr G C OOSTHUIZEN: Afrika ke nako! Modulasetulo, nako ya Afrika etlile. [Africa, the time has come! Chairperson, the time for Africa has come.]

Voorsitter, die visie van ‘n Afrika-renaissance het aanleiding gegee tot die stigting van die Afrika Unie in sy huidige vorm, Nepad en al die gepaardgaande strukture. Vandag kan ons terugkyk en sê: dit was met trots dat ons Sondag gesien en beleef het hoe Afrika opgestaan het en self instaan om haar uitdagings die hoof te bied.

Die stigting van die AU, die daarstel van Nepad en die geboorte daarvan kan, soos die hele begrip van die Afrika-renaissance, met twee vergrootglase ondersoek word. Die een soeklig sal sekerlik met agterdog na die nuwe vorm van swartgevaar soek en indien dit nie ooglopend sigbaar is nie, sal daardie soeklig val oor waar dit verskans mag wees. Die ander, regte en positiewe soeklig sal val op die geleenthede wat aangegryp kan word om van Afrika ‘n wen-kontinent te maak.

Ek en baie ander skaar ons heelhartig by die geleenthede wat die AU en Nepad ons as Afrikane bied, om vanuit bepaalde beginsels die sake van Afrika te bestuur - Afrika beginsels en internasionaal aanvaarbare beginsels; demokratiese, ekonomiese en sosiale beginsels.

Breedweg het Afrika, veral in die suide, sedert die 1800s basies drie politieke modelle gehad. Nie een het gewerk nie. Ons is dankbaar dat die AU nie daarteen vaskyk en so perspektief op die toekoms verloor nie.

Vanaf 1840 tot 1960 was die tydperk waar die model van kolonialisme aan die orde van die dag was. In die koloniale tyd was matige infrastruktuur ontwikkel, maar nodeloos om te sê, van die kolonialisme het eerder geneig tot die opleiding van slawe en onderdane, eerder as die ontwikkeling en opleiding van Afrika leierskap. Trouens, ons in Suid-Afrika het dit nie vrygespring nie, want apartheid was op die ou einde van die dag mos net die nierstene van kolonialisme. Waar kolonialisme uitsluitlik die belang van die koloniale moondheid gedien het, het apartheid uitsluitlik die belang van die blankes vooropgestel. Dit was mos verkeerd. Hand aan hand met ons bevryding in Suid-Afrika, word Afrika ook nou bevry. (Translation of Afrikaans paragraphs follows.)

[Chairperson, the vision of an African Renaissance has given rise to the formation of the African Union in its current form, Nepad and all the associated structures. Today we can look back and say: It was with pride that we witnessed and experienced on Sunday how Africa has arisen and accepted the responsibility to overcome her own challenges.

The formation of the AU, the creation of Nepad and its birth, like the entire concept of the African Renaissance, can be examined through two magnifying glasses. The one spotlight will certainly search, with suspicion, for the new form of ``swart gevaar’’ [black danger], and in case it is not obviously visible that spotlight will fall on where it might be hidden. The other, the right and positive spotlight, will fall on the opportunities that could be seized to make Africa a winning continent. Like many others, I wholeheartedly associate myself with the opportunities that the AU and Nepad offer to us as Africans, to manage the affairs of Africa guided by specific principles - African principles and internationally accepted principles; democratic, economic and social principles.

Broadly speaking Africa, particularly in the south, has basically had three political models since the 1800s. Not one has worked. We are grateful that the AU is not focusing on that, and thus losing perspective of the future.

From 1840 to 1960 it was the period where the model of colonialism was the order of the day. In colonial times modest infrastructure was developed, but needless to say, the colonialists were inclined more towards the training of slaves and subjects, rather than to the development and training of African leadership. In fact, in South Africa we have not escaped this, because at the end of the day apartheid was indeed just the kidney stones of colonialism. Whereas colonialism exclusively served the interest of the colonial powers, apartheid exclusively put the interest of the whites first. Surely this was wrong. Hand in hand with the liberation of South Africa, Africa is now also being liberated.]

Mr Chairperson, in acknowledging that colonialism did not develop African leadership, the formation of the AU created high standards and expectations of current and future political, business and community leaders in the re- creation of Africa. Political leadership in government structures is expected to create an environment of peace, order and lawful actions. Economic leadership in business structures is expected to supply the basic elements for economic growth, business development and sustainable income for the households of Africa. Leadership in civil society is expected to keep people motivated and focused on the holistic role of all in building sound, reliable and healthy communities.

It is clear that the challenge for leadership in Africa, and for us as Africans, is to take international and continental realities into account. One such reality which poses a major challenge is the ever-deepening digital and knowledge gap between and within countries. We as Africans are faced with the challenge of bridging this gap and addressing the need for food security, clean water and basic health services.

In these efforts moral ethics, business leadership and leadership in civil society must become an integral part of the reformation of Africa. Net soos in Suid-Afrika, sal ons in Afrika die armes moed moet gee en die ontwikkelaars beskerming. Beide hierdie groepe is deel van die Afrika- realiteit. Beide groepe sal benut moet word in ons strategie om Afrika weer ‘n wen-kontinent te maak. Die onsekerheid van die armes en die ontwikkelaars moet die aandag van die Afrika leierskap hê sodat ons hulle inbinding vir ontwikkeling en groei kan hê.

Die wekroep moet wees: ``kom ons raak betrokke!’’. Ons moet ons land, ons kontinent en ons planeet ontwikkel, eerder as net help. Kom ons sê dit alles is nie Nepad, die AU en die regering se plig nie. Die tyd het aangebreek vir beide die sakesektor en die burgerlike samelewing om ook hulle kaarte op die tafel te plaas. Ons moet konkrete planne en veral ‘n gesindheid demonstreer. Ons sal moet wegstuur daarvan om die aandelebeurse en markte in te roep om die idees waarvan ons nie hou nie, te straf. Ons sal mede-verantwoordelikheid vir ons land en kontinent moet aanvaar.

Die energie van die Afrikaners en ander minderheidsgroepe moet tot moue- oprol oorgaan en seker maak dat die kinders van Afrika ‘n erfenis kry waarin hulle trotse Afrikane kan wees.

Dit is nou die tyd vir koel koppe en warm harte, want Afrika moet polities en ekonomies ontwikkel word. Dis in hierdie konteks wat ons saamstem met President Mbeki wanneer hy sê, ons kan nie die moord op een inwoner van Afrika deur ‘n ander bekostig nie. Ons is almal Afrikane.

Ek stel voor as alternatief vir oorlog praat, dat ons versoening en ontwikkeling bepleit. Ek stel so voor, meneer, want rassehaat en etniese konflik se drakebekke blaas vuur en swael en rook oor ons almal. Ons kan die bloedige en bitter gevolge daarvan ontkom, mits ons as Afrikane saam by die fontein van versoening vergader om die reinigende en helende water as Afrikane te drink.

Ons krag as Afrikane lê in die diversiteit van die kulture van Afrika wat ons kan inspan as ‘n krag om ons hartseer geskiedenis te breek. Dis in ons vermoë om Afrika, ons kontinent, die gesamentlike tuiste van almal te maak.

Die Afrikaner en die bruin gemeenskap identifiseer nie net met die grond van Afrika nie. Ons as Afrikane identifiseer ook met die mense, die probleme en die uitdagings van Afrika. Veral die Afrikaner het nog altyd deur van hulle kultuurorganisasies gehoor dat ons ‘n goddelike roeping in Afrika het. Daaraan het ek, soos baie ander, al was ons nou nie lede van daardie organisasies nie, nooit getwyfel nie. Die feit bly, die tyd het nou aangebreek dat ons daardie roeping sal beantwoord en as Afrikane nie verval in die beheptheid van die sogenaamde Boetman-debat, of nog erger, soos die Groep van 63 te wees wat niks anders is as ‘n groepie mense wat hulle ophou met sekulêre Afrikanerdom nie.

‘n Deel van ons hartseer geskiedenis is dat daar ‘n tyd was toe sekere sogenaamde Afrikaner-ideoloë en sekere politici die pas aangegee en van die Afrikaanse kerke die morele argument verskaf het, alles om apartheid te regverdig. In hierdie proses was daar Afrikaners wat toe al Afrikane was. Ek dink hier aan W E G Louw en ds Nico Smith van Stellenbosch wat hom in Mamelodi bevind het. Daar was ook andere wat die waarheid gesien het en bereid was om deur onbeskryflike opoffering die pad te wys vir die geslagte wat moes kom. Ons as Afrikane sê dankie aan hulle.

Ek weet ‘n nuwe geslag het in Suid-Afrika en Afrika opgestaan. Met die ontydige dood van ‘n groot Afrikaan, ons kameraad Walter Sisulu, het hierdie volgende briefie wat ek wil aanhaal in die Beeld verskyn:

Boetman treur.

Hy is nie meer die bliksem in nie, nie bitter nie, nie vol wrewel nie.

Nee, hy treur saam met die volk oor Walter Sisulu.

‘n Man wat Boetman nie mog ken nie - nie deur koerantberigte, televisie- onderhoude of enige ander manier nie.

Wat het die jare 60 en 70 nie aan ons gedoen nie! Dit het ons ons land se rolmodelle en helde ontneem.

Vandag treur ons saam met die volk oor ‘n groot man - en ons is saam dankbaar dat hy op ‘n manier ons pad gekruis het.

Ek en baie ander stem saam met Francois van Eldo Glen waar hy dit in die Beeld skryf.

Om vir Chris Barnard, die skrywer, nie die hartpionier nie, oor die bekende sestigs aan te haal: ``Die hele land fuif en baljaar en ons klompie soekende siele soek steeds rigting, soek na mekaar, soek na ons weet nie mooi wat nie.’’

As ons oor die sestigs praat, dan sal dit mos onwaar wees om nie Adam Small te onthou nie. Sy gedigte wat met ons elkeen gepraat het. En wie sal ooit vergeet daai gedig van Adam Small wat sê die dice het vir ons verkeerd geval?

Ek glo dis gepas om een van die Sestigers, Lina Spies, aan te haal waar sy die Onse Vader gebed gevat het en eintlik ‘n Paternoster vir Suid-Afrika geskryf het:

Here laat die name geheilig word van al die kinders in hierdie land- van hulle wat modderkoekies gebak het uit sy aarde, dassies skrikgemaak het in sy klowe, wol getrap het in sy krale.

En later in daardie gedig sê sy:

Vergewe ons, die vergeetagtiges, die uitgerustes, soos ons hulle vergewe, die luidrugtiges, wat nooit binne die kraal was nie, wat nooit rietperd gery en kaalvoet geloop het nie, En Here sien ons hande aan: Kyk, om my wit pols is ‘n armband van gras my donker speelmaat het dit kunstig gevleg soos ek nooit kon nie … (Translation of Afrikaans paragraphs follows.)

[As in the case of South Africa, we will have to give the poor in Africa courage and the developers protection. Both these groups are part of Africa’s reality. Both these groups will have to be utilised in our strategy to make Africa a winning continent again. The uncertainty of the poor and the developers must get attention from the African leadership so that they can have our commitment for development and growth.

The clarion call should be: ``Let us get involved!’’ We must be developing our country, our continent and our planet, rather than just supporting it. Come, let us say that all of this is not only the duty of Nepad, the AU and the Government. The time has come for both the business sector and civil society to put their cards on the table as well. We must display concrete plans and a particular disposition. We must avoid relying on the stock exchange and markets to penalise the ideas we do not like. We will have to accept co-responsibility for our country and continent.

The energy of the Afrikaners and other minority groups must proceed to the rolling up of sleeves to ensure that the children of Africa get a legacy in which they can be proud Africans.

Now is the time for cool heads and warm hearts, because politically and economically Africa will have to be developed. It is in this context that we agree with President Mbeki when he says that we cannot afford the murder of one inhabitant of Africa by another. We are all Africans.

As an alternative to war talk, I suggest that we appeal for reconciliation and development. I suggest this, Sir, because the dragon mouths of racial hatred and ethnic conflict are spitting fire and sulphur and smoke over all of us. We can escape its bloody and bitter consequences, provided that we as Africans gather together at the fountain of reconciliation to drink its purifying and healing water, as Africans. As Africans our strength lies in the diversity of Africa’s cultures, which we can use as a force to break our sad history. It is within our power to make Africa, our continent, the collective home of all.

The Afrikaner and coloured communities not only identify with the land of Africa. We as Africans also identify with the people, the problems and challenges of Africa. The Afrikaner, in particular, has always heard from their cultural organisations that we have a divine calling in Africa. I, like many others, although we were never members of those organisations, have never had any doubt about that. The fact remains, the time has now come for us to acknowledge that calling and, as Africans, not to settle into an obsession with the so-called ``Boetman’’ debate, or even worse, be like the Group of 63 that is nothing more than a small group of people who spend their time on secular Afrikanerdom.

A part of our sad history is that there was a time when certain so-called Afrikaner ideologues, and certain politicians, set the pace and some of the Afrikaans churches provided the moral argument, all of this to justify apartheid. In this process there were, by then already, Afrikaners who were Africans. Here I am thinking of W E G Louw and of Rev Nico Smith from Stellenbosch, who found himself in Mamelodi. And there were also others who saw the truth and were prepared, through indescribable sacrifice, to show the way to the generations still to come. We as Africans thank them.

I know a new generation has arisen in South Africa and Africa. With the untimely death of a great African, our Comrade Walter Sisulu, the following letter, that I would like to quote, appeared in Beeld:

Boetman treur.

Hy is nie meer die bliksem in nie, nie bitter nie, nie vol wrewel nie.

Nee, hy treur saam met die volk oor Walter Sisulu. ‘n Man wat Boetman nie mog ken nie - nie deur koerantberigte, televisie onderhoude of enige ander manier nie.

Wat het die jare 60 en 70 nie aan ons gedoen nie! Dit het ons ons land se rolmodelle en helde ontneem.

Vandag treur ons saam met die volk oor ‘n groot man - en ons is saam dankbaar dat hy op ‘n manier ons pad gekruis het.

Like many others, I agree with Francois from Eldo Glen when he writes this in Beeld.

To quote Chris Barnard the author, not the heart pioneer, about the well- known sixties: ``Die hele land fuif en baljaar en ons klompie soekende siele soek steeds rigting, soek na mekaar, soek na ons weet nie mooi wat nie.’’

When we talk about the sixties, it will be wrong not to remember Adam Small. His poetry was talking to every one of us. And who can ever forget Adam Small’s poem that says the dice were loaded against us.

I believe it is appropriate to quote one of the sixties poets, Lina Spies, when she took the Our Father prayer and actually wrote a Paternoster for South Africa:]

Here laat die name geheilig word van al die kinders in hierdie land - van hulle wat modderkoekies gebak het uit sy aarde, dassies skrikgemaak het in sy klowe, wol getrap het in sy krale.

And further on in that poem she says:

Vergewe ons, die vergeetagtiges, die uitgerustes, soos ons hulle vergewe, die luidrugtiges, wat nooit binne die kraal was nie, wat nooit rietperd gery en kaalvoet geloop het nie, En Here sien ons hande aan: Kyk, om my wit pols is ‘n armband van gras my donker speelmaat het dit kunstig gevleg soos ek nooit kon nie …]

Chairperson, at times I leave South Africa on business or to attend a conference or just on a holiday trip. But, Sir, I always come back home to live.

My soul is in Africa; my body is in Africa. My parents, their parents and my great-grandparents were of Africa. They sustained themselves and they sustained me with whatever my country, South Africa, had to offer, both materially and spiritually.

It is not only the hills, the rivers and the natural resources which have sustained and continue to sustain me. I have learnt that, notwithstanding what has happened in the past, the present affords us all.

Today, the forgiveness that has been demonstrated by my fellow African brothers and sisters towards their fellow compatriots for the misdeeds of apartheid and colonialism makes me proud that I have the historical privilege of being part of this African ethos - an ethos in which there is no revenge and hate and that, on the basis of ubuntu, loosely translated: ``I am, because you are’’. This is sufficient reason for me to declare: I am an African. [Applause.]

But more than this, it is only because I am firstly a human being and then an African, that my Africanness calls on me to shoulder and share the responsibility of leading our fellow compatriots from their state of unfreedom.

It was and is because of this duty that I recall the sacrifices made by fellow Afrikaners like the late Bram Fischer. In apartheid South Africa he could have been a minister or even prime minister. Instead he chose the path of the truth, the path of ubuntu and died in prison. Bram Fischer was an African. [Applause.]

It was and is because of this reason that the Rev Beyers Naudé, a former member of the Broederbond, was excommunicated from his church. But, as Afrikaner and an African, my soul is at peace. Why? Because Oom Bey has been re-admitted to his church. He did what he did and he does what he does as Beyers Naudé, because as an African he understood and understands ubuntu. As an African he chose to be a living witness of reconciliation.

It is because of this, the pursuit of freedom and the truth of ubuntu, that our fellow Afrikaans-speaking compatriots are beginning to share and shoulder the responsibility of making a better life for all and to push back the frontiers of poverty.

As an African I salute the efforts made by my African compatriots, whether in Stellenbosch, Pretoria or elsewhere, to make South Africa and Africa a better place for all to live in - black and white.

It is because I am a human being and an African that I call upon my fellow Africans to become part of the team, to become a player on the playing field. I call upon them to begin sharing their expertise and to assist in the transfer of skills so that we succeed in creating a better life for all and to push back the frontiers of poverty in Africa and South Africa. I would be ignoring reality if I didn’t call upon the Afrikaners, who are Africans, to share their land in order to redress the imbalances of the past. [Applause.]

I am proud that these compatriots share the pride of being an African through their deeds. They do so all the more, because they are here in Africa, body and soul.

These and many more who have committed themselves to changing South Africa into a viable and prosperous country, are indeed embarrassed by the foul deeds of some who engage in subversion, economic exploitation and racial prejudice.

As an African, Sir, in closing, I have faith in the future generations of Afrikaners who are fortunate to have inherited the virtues of ubuntu, democracy, justice, peace and harmony from our fellow South Africans who were, until recently, oppressed, repressed and dispossessed.

It is this faith that adds to my declaration: I am an African. Thank you. [Applause.]

Mr G B D McINTOSH: Mnr die Voorsitter, die agb Oosthuizen het ‘n paar mooi dinge gesê. Hy het seker vir hom ‘n mooi paadjie oopgekap na die leierskap van sy nuwe party, en ek wens hom geluk daarmee. [Tussenwerpsels.] (Translation of Afrikaans paragraph follows.)

[Mr Chairman, the hon Oosthuizen said a few fine-sounding things. He probably blazed a trail to the leadership of his new party, and I congratulate him on that. [Interjections.]]

I would like the hon Oosthuizen to remember that South Africans are taking Africa seriously. South Africans are designing the road from Mombasa to Kampala. South African companies are building the new National Bank in Dar es Salaam. South African companies have done all the design work for the biggest housing estate in the whole of Africa in the city of Luanda, and the list can go on. South Africa is making its way in Africa.

The OAU has served its purpose. It is now gone and Africa now looks to the future. Our President recognises this and his leadership role in the new African Union and his vision in the form of the development instrument of Nepad is a bold initiative. Nepad is the critical factor because investment, economic growth, development of infrastructure and human development must be the partner and foundation of democracy. In the Great Lakes region and in the DRC, Presidents Mandela and now Mbeki have been true servant leaders in trying to end the suffering of people there by trying to stop the killing. In African tradition, on behalf of those they are helping, we thank them most sincerely.

The real and sustainable future for Africa is being battled for by our people as we strive to democratically choose our governments. In Nigeria we have had a great victory for democracy. Kenya is a shining example of what the new Africa wants. There are people that were made angry by the old corrupt crony regime, threw out a government that represented the old OAU with its style of arrogant and unprincipled leadership. They even brought in Uhuru Kenyatta with all those emotional appeals and still the people rejected him. What do they do in Kenya? They now talk about a second liberation, and they elected the Rainbow Coalition to power.

The old and the new Africa are struggling next door to us in Zimbabwe. In June 2000 our observer team saw at close quarters how the Mugabe government set about violently intimidating their political opponents. The hon Mesdames Mapisa-Nqakula, Van der Merwe and Lobe saw and heard what was going on but, like the three monkeys, they chose to hear no evil, see no evil and they didn’t want to speak about any evil. They cannot wash their hands off that situation.

Ngifuna ukubuza uHulumeni oholwa nguKhongolose ukuthi, Nincengani kuMugabe? UMugabe noMnangagwa babulala abantu baseMatebeleland ngegukarahundi; uMugabe uzonda abelungu ne-MDC; futhi uxosha kanti uhlukumenza abalimi bakhe nabantu abantsundu abasebenza emapulazini. Iqembu le-MDC uyalicindezela, uligaya njengembokodo. Kungani uHulumeni wethu engamathe nolimi noMugabe? (Translation of Zulu paragraph follows.)

[I want to ask the ANC-led Government, what do you seek from Mugabe? Mugabe and Mnangagwa killed their people in Matebeleland in the crushing; Mugabe hates whites and the MDC; he evicts and abuses his farmers and black farm workers. He oppresses the MDC and crushes it like a grinding stone. Why does our Government cling to Mugabe?]

The answer is a simple one: It is socialist struggle solidarity, with a nasty black racist ingredient added. A few months ago, our Minister of Foreign Affairs said, ``to oppose land reform would be antirevolutionary’’ and this despite everybody in Zimbabwe knowing that the land issue is a smokescreen created by Mugabe. This is despite the fact that President Mbeki told South Africa in December at the ANC congress that the ANC has never been a socialist party.

Mr Mbeki has been elected as our President to look after South Africa’s interests. While President Mugabe causes huge and direct human and economic damage to South Africa, and while he destroys his country and oppresses his people, our President treats him like a dear old uncle. What kind of leadership is this, and how can the world have confidence in the AU when its first chairman does not effectively address the Zimbabwe issue? Who are his intelligence advisors? They are clearly not Mr Zwelinzima Vavi who has never excused nor been shy to criticise the state of affairs in Zimbabwe. On Zimbabwe, President Mugabe’s politically immoral stance has done damage to the Commonwealth. [Interjections.]

The tide of the new Africa is to be seen in Kenya, Nigeria and in Zimbabwe. Let us work towards practical and peaceful co-operation, economic development, peace and prosperity. Then we can sing, Jabulani Jabulani Africa''. [Applause.] The MINISTER OF CORRECTIONAL SERVICES: Chairperson, this morning I made a briefing to the Portfolio Committee on Correctional Services. I can see some of the hon members who were there saying, when I came up to the podium,No, not again; not the prison overcrowding issue again.’’ I am not going to talk about it this time. I am going to say something different.

I believe that it is opportune and proper for this august Assembly to commend the people of South Africa. joined by their friends from other African countries, for the joyous and majestic manner in which they celebrated Africa week and eventually Africa Day on 25 May 2003 in Gauteng. South Africa demonstrated what is befitting of the Chair of the African Union.

The Renaissance African believes that the new Africa is a society where matter is brought into harmony with experience, and therefore ceases to be the master over the mind; an African society where the attainment of mental emancipation becomes a preoccupation of the apostle or the disciple of the African Renaissance.

This architect of the new Africa strives to rid the African of all complexes that seek to retard his growth towards manhood in the theatre of nations. Like a sleeping giant, it is now time to wake to up to harness his powers for his own good and that of mankind.

When addressing the Corporate Council Summit in Chantilly, Virginia, USA in April 1997, the then Deputy President, Thabo Mbeki, briefly admonished, and I quote:

Those who have eyes to see, let them see. The African Renaissance is upon us. As we peer through the looking glass darkly, this may not be obvious. But it is upon us.

What we have been talking about is the establishment of genuine and stable democracies in Africa, in which the systems of governance will flourish because they derive their authority and legitimacy from the will of the people.

Many abroad and within South Africa, when he said that, heard in his words the embrace of a resurgence of African nationalism to the total exclusion of other racial groups and, as a result, not many South African leaders and politicians openly associated their views with this idea, which was obviously a misconception on their part.

When addressing an assembly of the United World College of Southern Africa in Waterford, Swaziland, on the tradition and the modern state on 21 November 1997, the Minister of Home Affairs, Dr M G Buthelezi, said these words in support of the idea of an African Renaissance:

We believe that we need to develop a process which moves the African experience towards the centre stage of our society, after it was marginalised for so long by the pre-eminence acquired by western cultures and traditions.

That was from the Kamhlaba Lecture in 1997.

These words that were said in two different countries at different times by two African leaders from one country reflect the enriching re-appraisal of the African psyche and thinking for decades by prominent African leaders, philosophers, writers, intellectuals and social scientists who believe that Africa will prosper and develop when it believes in itself and not when Africa rejects itself. The quest and the struggle to have Africa’s future influenced through the historical, linguistic and cultural consciousness must remain as powerful, relentless and resilient as the African peoples’ struggle against the evils of colonialism and apartheid.

The new Africa, I believe, must not jettison but revive and regenerate the core African value systems in order to succeed in extinguishing the flames of intra- and interstate armed conflicts. In order to succeed in fighting the scourge of private and public institutional corruption, crime, poverty, unemployment, diseases, illiteracy and general underdevelopment, the new Africa must continue to anchor firmly the moral fibre and stability of African societies, communities and family units.

The Foreign and the Defence Ministers of Africa are presently deliberating hard on the fundamental issues of regional and continental peace and security arrangements. With this should obviously come into sharp focus the questions of human rights, the rule of law, international morality, democracy and good governance.

However, notwithstanding all this, central to my concern is the fear of the idea that, in our passionate embrace of the African Renaissance, we may hasten to consolidate the roof of the African hut and totally lose sight of solidifying the support foundation which is the South African nationhood and the African philosophy. Our Ubuntu/Botho, our African traditional leadership institutions and cultural heritage need our commitment in the true spirit of national consciousness. Contributing to the African Reader in the 1970 edition of The Independent Africa, the articulators of freedoms wrote:

Nevertheless, Senghor and many other artist-intellectuals have not escaped the dilemma delineated by Frantz Fanon. While asserting the values of the African past and African culture, and envisioning the continental and universal ideas for Africa, they seem to set aside for the moment the particular social and political realities of their own historical context. The intellectual has at least two responsibilities in his society: first to perceive what is good for his country, while holding intact the traditions of the past; and secondly to prepare his community for a good decolonisation, for true independence.’’

Introducing Afrocentricity, Molefe strongly advised that it is a fundamental necessity for African liberation to take place at the level of the psychological, economic, social, political and cultural. In conclusion, let me say, today in our celebration of Africa Day, marked by 40 years of solidarity in the struggle to a century of unity and peace, we are also saying to the prominent and perceptive African writer, Chinua Achebe, yes, things did fall apart in Africa, but now with the African Union, with the New Partnership for Africa’s Development, Nepad, the new Africa is gathering things together. The new Africa no longer wishes to poison the nuts that she feeds to her friends, but Africa wants to feed herself and all her children and friends the nourishing nuts of prosperity, development, peace and security. Thank you. [Applause.]

Mrs ANNA VAN WYK: Mr Chairman, the one undisputed achievement of the OAU, ``with a little help from our friends’’, is that colonialism and apartheid have come to an end. In a way it has also been a preparation for the AU in that we can learn from the mistakes and failures of the OAU and avoid repeating them. It was also a necessary step toward the emancipation of Africa.

Trawling through the media last week has been an interesting exercise and, generally speaking, the press has to be commended for the variety of perspectives it reflected, and the serious thinking underlying some of the more insightful perspectives it brought to the debate. Africa pessimism is a reality that has to be dealt with - and the media reflected this - but helpful analyses received considerable space.

Ons leef in ‘n bevoorregte tydvak: DNA is ontleed, die menslike genoom is gekarteer, die hemelruimte begin om sy geheimenisse te ontbloot, en ons aardse verlede verdiep en verleng met die studie van die aardwetenskappe. Wie sou kon dink dat ons noukeurig sou kon bepaal presies watter dele van die aarde deur ten minste drie afsmeltingsepisodes oor ‘n tydperk van ongeveer 35 000 jaar onder die see verdwyn het, en dat ons nou ‘n insae begin kry in die omvang van die beskawingsverliese wat ouer, vroeëre natuurrampe veroorsaak het? Vermenigvuldig die beweging van die Algerynse aardkors tienvoudig en die hele Algerië is weg. Daar moet op ‘n nuwe manier na Afrika en sy mense binne die konteks van die natuurgeskiedenis, en in samehang met die verloop van politieke en ekonomiese ontwikkeling in die res van die wêreld gekyk word. (Translation of Afrikaans paragraph follows.)

[We are living in a privileged era: DNA has been analysed, the human genome has been charted, the heavens are beginning to reveal their secrets, and our earthly past is deepening and lengthening with the study of the earth sciences. Who would have thought that we would have been able to determine precisely which parts of the earth had disappeared under the ocean through at least three melting-down episodes over a period of approximately 35 000 years, and that we would now be beginning to gain an understanding of the scope of the civilisation losses caused by older, earlier natural disasters? Multiply the movement of the Algerian earth crust tenfold and the whole of Algeria would be gone. Africa and its people should be regarded in a new way within the context of natural history, and in interdependence with the course of political and economic development in the rest of the world.]

It is clear that the vast scientific knowledge and new insights gained over the past few decades already underpin globalisation and should be exploited to benefit Africa to a greater degree. Africa itself needs to turn its inward glance up and out and begin to work on its connectedness with the advanced, modern and indeed ancient societies as well. The new world order requires a clearer understanding of identity and its function as a building block within the community and society at large, but also globally. It would be short-sighted to take up an antagonistic position against the successful and powerful nations in the world. Interdependence is a reality, and what you sow today, you will reap tomorrow.

The great powers of our day also need to internalise this in a positive way. Contemporary religio-cultural distinctions between Africa and the West do not cancel out shared history and common human descent. Africans are related to the people of Europe and America by blood and culture as a consequence of modern, as well as early history. Accepting this fact will make us stronger. Dit is duidelik dat die Konstitusionele Akte van die AU en die Nepad- program juis ons erfenis in berekening bring. Om gestalte te gee aan dié visie is wat wysheid en moed verg - ook die politieke voetwerk. Die ideale van demokrasie, maatskaplike regverdigheid en voorspoed is nie onversoenbaar met die eiesoortigheid van Afrika-waardes nie.

Elke keer wanneer daar gepraat word van Afrika-tradisie en -kultuur as dekmantel vir die miskenning van menseregte van byvoorbeeld vroue en kinders, of etniese minderhede, is dit vals én ondermyn dit die ideaal van die opheffing van Afrika, en dít moet end kry. Hiervoor is leierskap nodig. (Translation of Afrikaans paragraphs follows.)

[It is clear that the Constitutional Act of the AU and the Nepad programme specifically take our heritage into consideration. Giving effect to this vision is what requires wisdom and courage - also the political footwork. The ideals of democracy, social justice and prosperity are not irreconcilable with the uniqueness of African values.

Every time there is talk of African tradition and culture as a pretext for the disregard of human rights of women and children, for example, or of ethnic minorities, it is false and undermines the ideal of the upliftment of Africa, and there must be an end to it. For this leadership is essential.]

Violence, crime and poverty bedevil our quest, but at the root of these lie a lack of education, sound moral training and upbringing. Fifty-five years ago, the Universal Declaration of Human Rights established that everyone has the right to education. Out of the millions of children on this continent who are not in school, the majority are girls. Now, we know that if you educate girls and women, you have the most effective instrument for development. Every child on this continent needs to be in school, every girl alongside every boy. Educated people know what they are, where they come from, and where they are going. Education is the key to unlocking the potential of Africa. The New NP is committed to the development of Africa, our home.

Ms H M MPAKA: Thank you, Chairperson. Hon members, in the past the heads of state and governments of the member states of the Organisation of the African Unity, among others, recalled the heroic struggles waged by our people and our countries for political independence, human dignity and economic emancipation, determined to promote and protect human and people’s rights to consolidate democratic institutions and culture and to ensure good governance and rule of law.

Africa celebrated its 40 years of solidarity in struggle to a century of unity and peace on May 25, which was the day on which the Organisation of African Unity was launched in 1963 to put an end to colonialism and to unite the peoples of Africa. Since then the continent’s leaders inaugurated its successor, the African Union, in July 2002 in Durban.

The ANC, at its Stellenbosch Conference, has committed itself to promoting and protecting indigenous knowledge systems as part of our transformation process and as an integral part of Nepad.

The ANC-led Government has taken its rightful place in international relations, playing a leading role within the United Nations, Non-Aligned Movement and other international organisations. The progress made by this ANC-led Government in the resolution of conflicts in Angola, the DRC, Sierra Leone, Burundi, Sudan, Ethiopia, Eritrea and other countries through the involvement of African multilateral institutions show that there is a need for South Africans to say ``Thank you’’ to the rest of Africa for supporting us during our liberation struggle.

The involvement of the continent through solidarity and support was on education. On behalf of the ANC, I am proud to mention that today we have this current Government because of the continent’s contribution. To mention a few examples, we have DG’s, DDGs, Ministers, etc in key strategic positions that are being occupied by the people of this country because of the education they obtained in other countries on the continent. During the dark days of apartheid, they gave us material support in the form of clothing and accommodation. They gave us liberation struggle support through sanctions and the isolation campaign against apartheid in South Africa, which also included frontline states, civil society, governments and people of the continent. As South Africans, it is important to say ``Thank you’’ to the rest of Africa for supporting us in our liberation struggle. Where would this country be without your support? [Applause.]

When we talk about the rich African heritage, culture and values, what we are talking about? We need to understand what it is that makes us African. What are these African values? The quick answer that comes in one’s mind is ubuntu'', which raises another question, and that is: What is ubuntu’’? Ubuntu is about humanism, being part of a community, sharing, as well as interdependency. We internalise these values through the socialisation process. Individualism is not part of the African culture.

The African culture is very rich, especially when it comes to knowledge. Earlier I made mention of indigenous knowledge systems in which African practices were set up to raise generations who would respect these values, the values of bringing up of children.

This ANC-led Government has begun a joint programme that seeks to work with the scientific medical fraternity and traditional healers in attempting to develop the undeveloped technologies as part of acknowledging the importance of the indigenous knowledge systems in our country. This Government has realised that the indigenous knowledge systems have the potential also to contribute to the transformation and paradigm shift within institutions, with the orientation that the human being comes first and that our environment, the earth, its resources, both natural and human, must be conserved and preserved for life. It has the possibilities to let emerge knowledge and liberatory process through its language, philosophy, culture and institutions which are a natural resource and heritage.

Africans would make a meaningful expression in communicating our values. If I may cite one example from the performing arts, which is not different from ballet, it is umxhentso, a Xhosa dance, which was done by African artists at the Johannesburg Stadium during celebrations, especially by the Congolese artists.

The length and the breadth of the continent are peopled by a diversity of cultures, including those of the colonialists. These indigenous cultures have this in common: languages, customs, traditions and eventually a diversity of rules approaching, engaging, harnessing and utilising nature, not from an individualistic and competitive point of view, but from a collective and communal position. Research must be done on languages on the African continent with special emphasis on finding the common trends and patterns which must point to their common roots, the issue being to establish a point of reference which can be a basis to find solutions to problems and conflicts emanating from tribalism.

Moral regeneration is attempting to address these values because of our cultural diversity and tolerance, which is another value that goes with reconciliation within families if we are to live as communities. Other countries have made the revival of Africanness. That is why we are the last ones to be liberated.

We Africans need to sort out our problem, that is, by developing and protecting value regeneration. Nepad is a channel to attempt to eradicate poverty in Africa, poverty of moral values. Africa Day should also be about African values and the eradication of poverty values. African values, culture and beliefs have community values which are rich in terms of oral tradition. The challenge that is facing Africans in this century is the issue of xenophobia which was created by colonialism through geographical borders that were imposed on us with the intention of dividing the people of the continent.

Africa has been the base and centre of knowledge, culture and civilisation. I am raising this because research has shown the rich African heritage in that there were manuscripts in Mali which were preserved by women more than 100 years ago which clearly show that the people of Africa were able to read and write then, even before the advent of colonialism. African cloth discovery is used for modernised garments, and writing and mathematics evolved out of North Africa.

In the Sahara desert, the Egyptian pyramids are one of the heritage sites in Africa recognised by the Guinness books as one of the seven wonders of the world, including smeltering of gold and iron using substance tools.

Just to elaborate further on this cultural dynamism, this Government has embarked on a pilot project called the Timbuktu Libraries project which is a Malian-based initiative supported by a team of national and international experts in the field of history of Islamic thought in Africa, paper and binding restoration, and physical conservation and electronic document management. This pilot project was launched in October 2000 and was also supported by Unesco for training in digital archiving and by the US government for research on conflict resolution. The ultimate goal of the Timbuktu Libraries project is to preserve and promote wide access to this unique African cultural and literary heritage held in both public and private collections of manuscripts in the Timbuktu area. One of the primary goals of the said project is to increase awareness of the literary heritage.

International communities took 31 years to understand that our culture is not only tangible, but that this tangible cultural heritage is transmitted from generation to generation, and is constantly re-created by communities and groups in response to their environment, their interaction with nature and their historical conditions of existence, and it provides them with a sense of identity and continuity, thus promoting the respect for cultural diversity and human creativity.

There is, in different countries of the continent, different and almost informal or alternative knowledge systems which the majority of our people have put in place as a protection of who we are, how we do things, how we engage the hostile environment to survive and how we engage and deal with other people. Cultural greetings, as an example, are part of community bonding and concentration of relations.

We the ANC today are proud to mention that Government had lined up activities, including a SADC Multidisciplinary Festival which started from 18 May to 25 May 2003 at various venues in Gauteng which aimed at, among others, promoting culture in the region as a means of promoting closer co- operation in pursuit of the realisation of the African Renaissance and the New Partnership for Africa’s Development.

Thank you. [Applause.] Adv Z L MADASA: Solidarity means unity based on common interests or feelings. While we correctly celebrate 40 years of the now defunct OAU for championing solidarity for political liberation from colonialism, the OAU has left us with another legacy of solidarity.

Over the years we have seen the emergence of a new ruling elite characterised by an insatiable appetite for power and riches. Ironically, this elite, to succeed in its endeavours, has had to collaborate with the erstwhile colonial powers, either to loot national resources or to help to store them away in secrecy.

We only speak or hear about tribalism or religion as the major cause of conflicts in this continent. Whilst this may be true, there is ample evidence indicating that the root cause of the so-called tribal wars is a scramble for power and access to resources.

Those of us who are the people’s representatives, not just of our political parties, need to speak out on their behalf.

Africa needs a new breed of public representatives who are truly servants of the people, who will be vigilant against party authoritarianism, which has been one of the means by which dictatorships have arisen on the continent; representatives who will not keep quiet when policies that are detrimental to human development and food security are hatched and implemented.

A century of unity and peace will come when the people’s representatives become what we should be: bold and fearless voices of the marginalised, calling on the ruling elite to account.

Will the AU have solidarity with these corrupt dictators because of their past contributions to the struggle, or will they be purged of their present indefensible behaviour? That is the question. [Applause.]

Dr P W A MULDER: Mnr die Voorsitter, ek is van Afrika en ek is ‘n Afrikaner en hoef gelukkig nie by die ANC aan te sluit om dit te bewys nie. [Tussenwerpsels.] [Mr Chairperson, I am from Africa and I am an Afrikaner and fortunately do not have to join the ANC to prove this. [Interjections.]]

We are discussing 40 years of the African Union and the future of Africa today. Was the OAU a success? To determine that you must judge the organisation against its aims. If the aim was to fight colonialisation and the South African government, then surely it was a success. However, the Idi Amins and the Mobutus, those African leaders who gave Africa a bad name internationally, never had anything to fear from the OAU.

If the aim of the OAU was to democratise Africa, to promote human rights and fight corruption, then the OAU was a dismal failure. Here is just one statistic: In 1990, after almost 30 years of the OAU, of the 53 African states, only 9 could be described as having multiparty democracies. The positive statistic is that this changed drastically over the past 10 years: Today 39 states can be called democracies. The OAU could argue that promoting human rights in Africa was not its aim. The same cannot be said of the new African Union.

The aim of the AU is exactly that: Promoting human rights, fighting corruption and democratising Africa. President Mbeki said on Saturday that tribalism is one of the biggest problems in Africa. He said that we cannot afford the slaughter of one African by another - Tutsi and Hutu are both African. I agree.

What President Mbeki calls tribalism in Africa is called ethnicity, plural societies and minority rights in the rest of the world.

Daar is oplossings daarvoor. Dit is nie nodig om die wiel van vooraf uit te vind om hierdie probleme op te los nie. Tans is die ANC-regering se oplossing vir hierdie probleme in Afrika en in Suid-Afrika om ‘n regering van nasionale eenheid te vorm en dan tussen die groepe geweld met ‘n vredesmag te voorkom. So ‘n regering van nasionale eenheid is altyd slegs ‘n oorgangsoplossing en nooit ‘n permanente oplossing nie, en ‘n vredesmag kan ook net tydelik help. Minderhede in Afrika moet geakkommodeer word en ruimte gegun word om hulself te wees. Dit geld vir Tutsi en Hutu, Afrikaner en Sotho - daarin lê die oplossing. Moenie dat ons al die foute van die verlede herhaal nie. Ek dank u. (Translation of Afrikaans paragraph follows.)

[There are solutions for this. It is not necessary to reinvent the wheel in order to solve these problems. Currently the ANC Government’s solution to these problems in Africa and in South Africa is to form a government of national unity and then prevent violence between the groups by means of a peace force. Such a government of national unity is always only an interim solution and never a permanent solution, and a peace force can only help temporarily. Minorities in Africa have to be accommodated and granted space to be themselves. This goes for the Tutsi and the Hutu, Afrikaner and Sotho

• therein lies the solution. Let us not repeat all of the mistakes from the past. I thank you.] Mr P H K DITSHETELO: Chairperson, it is a fitting tribute to the founding fathers of the OAU to celebrate the 40th anniversary of the OAU since its inception in 1963 in this fashion as we enter the new era to make the 21st century an African century.

As we celebrate this anniversary, we are reminded of our past, as it is easy for people to forget where they came from. It is important that the history of the OAU is preserved so that the next generation will be able to appreciate the role this institution and its leadership played. We are specifically proud of all those who sacrificed their lives to bring us this independence from colonisers who partitioned and owned Africa to satisfy their quest for total domination. They plundered and stripped her treasures and cultural wealth.

The OAU should also be credited for bringing to the fore the issue of self- reliance as a concept aimed at promoting self-empowerment for Africans to get things done on their own. This mass realisation marked a major achievement in the history of the OAU. There are other notable milestones achieved in bringing about unity within member states.

However, the replacement of the OAU by the AU should be viewed as a response to the continent’s contemporary challenges. The AU is challenged specifically to concretise and carry forward the struggles, ideals and visions of the continent to a different level, that is, to truly achieve a continent that is free from poverty, disease, internal wars, corruption, illiteracy, unemployment, dictatorship and other challenges that we are faced with today.

This transition aims to strengthen and consolidate Africa to resolve to give her citizens a new hope and determination to bring about a continent that is free and prosperous. It is our firm belief that with the introduction of Nepad, the vision of the OAU will be realised.

Dr M S MOGOBA: Chairperson, 40 years’s preoccupation and grappling with the vision of a united Africa is no mean achievement and calls for celebration. This is a vision which, once it grabs you, will not let you go, whatever happens - Nomakanjani.

We rightly pause to pay tribute to pioneer leaders and philosophers like Robert Mangaliso Sobukwe who was honoured by Wits University recently with a posthumous LLD degree. In the same vein, going back in time were leaders like Kwame Nkrumah, Patrice Lumumba, Marcus Garvey, W E D Du Bois, Senghor, Nyerere, Sylvester Williams, C L R James, Padmore, Mnamdi Azikiwe, Cheikh Anta Diop, Mda, Sekou Toure, Modiba Keita, to mention but a few.

Most were demonised, killed and confined to their graves by myopic nobodies who imagined that the graves would contain the bodies as well as the lofty ideas of these African giants.

The OAU was a great dream and one of the early fruits to fall from the tree of Pan-Africanism. Unfortunately, African leaders were not fully dedicated to this dream and did not give effective leadership to the continent. Most used it as a prestigious social event which they attended annually, unless disturbed by occasional coups in their respective domains.

The revival of this dream today is a blessing which we should not destroy and let go. We owe it to our children and generations to come to ruthlessly dismantle all the vestiges of colonial and imperial divide-and-rule, economic exploitation, social degradation and political fragmentation.

We must work ceaselessly to return Africa to the Africans, every inch of it. ``Africans’’ should be understood in a broad, nonracist, noncolour interpretation. [Time expired.]

Ms T E MILLIN: With regard to Africa Day, the question is: Should we celebrate or mourn for our continent? The optimist will always look for the silver lining. However, the cold daylight of reality urges us to confront the many obstacles, the ongoing warfare and atrocities, mass genocide on a massive and largely unchecked scale across many countries to our north.

On our very border is Zimbabwe under its President Mugabe, who whatever he might have been in the past, has become a tyrant of the first order whose time has come. His beleaguered country, now in a desperate situation for which he is chiefly responsible, is floundering under runaway inflation of around 250%. And yet, to quote a recent Mail and Guardian editorial:

South Africa’s approach to the Zim crisis is increasingly becoming one of the great mysteries of the modern world.

A recent report stated that a Mugabe-orchestrated Zimbabwe meltdown has cost South Africa and other neighbouring states in excess of $18 billion.

Now Zimbabwe faces another strike or stayaway led by the MDC which, God knows, has every legitimate right and duty as the present opposition to take such a stand against gross human rights abuses. The Zimbabwe crisis and the volatility of our exchange rate remain key deterrents for would-be investors in South Africa, as well as concerns that land ownership might become an issue in South Africa.

Until Africans, including most importantly we South Africans as the most advanced nation in Africa, are prepared to do more than pay lip service to the basic tenets and principles resulting in our historic new beginning to which we committed ourselves on 27 April 1994 - the upliftment of the poor, deracialisation of society, the entrenchment of democratic values and respect for everybody’s human rights, good, but not too much governance - our dream of a new African Renaissance will evaporate like mist in the heat of the African sun. I thank you.

Ms G L MAHLANGU-NKABINDE: Madam Deputy Speaker … ngiyathokoza. [Thank you.]

It was on 18 March 2002 when women from 130 countries assembled in Marrakesh, Morocco for the 107th conference of the Interparliamentary Union where they called for a pardon for a Nigerian woman, Safia Hussein. They said that the IPU had consistently taken a stand against the application of the death penalty, and reaffirmed the principle of equality between men and women enshrined in international instruments on human rights and women’s rights.

This principle, which is strongly upheld by the IPU, is the key concept for the Beijing Platform for Action that was adopted in 1995 by the Fourth World Conference on Women, and subsequently signed by the Republic of Nigeria.

``We strongly protest against the death sentence handed down on Mrs Safia Hussein for adultery and exort the authorities or the Federal Republic of Nigeria and the state of Sokoto to grant her pardon’’, the delegates declared. A month later, Amina Lawal’s case came up.

This is not the Africa we are fighting for. These are the practices we need to fight against. The reason I mention these sad stories is mainly to remind us that as we celebrate 40 years of the OAU, we are still faced with these painful situations. We are daily victims of domestic violence, rape, trade trafficking for sexual exploitation by the haves, genital mutilation, racial discrimination and xenophobia. These are as a result of the legacies of colonisation and apartheid.

These practices, amongst other things, violate international human rights standards that prohibit the use of torture in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment and in the UN International Covenant on Civil and Political Rights.

Addressing the UN Commission on the Status of Women as it began its 47th session in New York this March, Mr Desai stressed that the commission has a special role to play in achieving gender equality and responsibility to develop issues as a whole. He emphasised the link between the commission’s work and the work covered by major conferences such as the Second World Assembly on Ageing, the Monterey World Conference on Financing for Development and the Johannesburg World Summit on Sustainable Development.

Echoing Mr Desai’s sentiments, Angela King, special advisor to the UN Secretary-General, Kofi Annan, on gender issues and the advancement of women, said that the goals were mutually reinforcing, with progress towards one affecting any headway towards the others. The theme for International Women’s Day, gender equality and millennium development goals, aimed to create an awareness of gender equality with respect to all the goals and to stress the importance of gender dimensions in poverty and hunger eradication.

It is obvious that the new century has to bring people back in the process and institutions of democratic governments through the feminisation of the political space. Making our democracies increasingly inclusive and generally representative is the basic task for the new century.

Only after bringing back the people, particularly women, will we succeed in saving democracy from the forces of terror. It will also make us more effective in eliminating three major challenges of our time: hunger, violence and war. All three have devastating effects on every society, but they hurt women and children more.

Mahatma Ghandi in his observation of the then young India in 1918, said:

Woman is the companion of man, gifted with equal mental capacities. She has the right to participate in the minute details of activities of men and she has the same rights of freedom and liberty as he.

By sheer force of a vicious system and custom, even the most ignorant and worthless of men have been enjoying superiority over women, something which they do not deserve and ought not to have.

Women matter in the affairs of human society. Our struggle for equal representation in politics and decision-making is a response to the most critical need for creating human social order, free of hunger, violence and conflict. With the eradication of poverty as our urgent task, we must at the same time advance continuously towards social transformation.

I got the following words from the hon Mrs Tshivhase who heard that I was going to be talking about war. I quote from Dr Martin Luther King Jr, who reminded us of the darkness ahead when he said:

Darkness cannot drive out darkness; only light can do that.

Hate cannot drive out hate; only love can do that.

Hate multiplies hate, violence multiplies violence and toughness multiplies toughness in a descending spiral of destruction -

The chain reaction of evil - hate begetting hate, wars producing more wars - must be broken,

or we shall be plunged into the dark abyss of annihilation.

King, like Ghandi and Madiba and other great activists, supported a nonviolent resistance to oppression. I thank Mrs Tshivhase for these words.

The CEO of the Office on the Status of Women in the Presidency, Ms Nkomo, reporting to the UN in March this year had this to say about our country:

Our delegation has the opportunity to engage with the content of the Secretary-General’s reports and welcomes the urgency put by the UN in these critical areas which are important to us, especially as we review our policies approaching 10 years of freedom and consider what it has meant for all South Africans, particularly women and the girl child.

With regard to women’s human rights and the elimination of all forms of violence against women and girls, our Constitution guarantees the human rights and dignity of all persons. In that regard, combating violence against women and children is a priority for the South African Government.

In December 2002, South Africa ratified the UN Convention Against Transnational Organised Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This protocol supplements the UN conventions on children and against transnational organised crime as well.

Since then, we are proud to announce that the South African Government, through the Ministry of Justice and Constitutional Development, has approved the conducting of an investigation into the trafficking of persons in January this year. The investigation is accorded a priority ``A’’ status and is to recommend appropriate legislation in line with various international agreements that South Africa is party to, including the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Beijing Platform for Action.

As we celebrate the 40 years of the OAU, we have seen even members of this House come out as shining stars. I want to dedicate the Ndebele dress that I have this afternoon to Comrade, the Minister of Minerals and Energy for theÿ.ÿ.ÿ. isithwalandwe … [Praise name] … that she got from the Ndebele people … ikumbese … [a blanket] … to honour her for the role that she has played in alleviating the poverty experienced by people, and for making sure that SMMEs work in the mining sector. [Applause.]

It is with pride that Ndebele women wear that blanket when they are honoured, and when I saw Prof Kambule honouring Phumzile Mlambo-Ngcuka with it, I felt that it would be an honour for me to mention that she is making all of us proud.

South Africa, as Chair of the AU, is involved at regional level in the processes to complete the tax for the additional protocol to the African Charter on human and people’s rights which addresses the rights of women in Africa. This is based on our conviction that violence against women adversely impacts on our endeavours to realise the goals outlined in the Constitutive Act of the AU.

In their book Women, War and Peace, Elizabeth Rehn and Ellen Johnson Sirleaf say:

As we write this, in the summer of 2002, it is hard to imagine a world without war. Every day, we hear reports of new conflicts and old grievances, of escalating tension and violence. During our missions to conflict situations, we met generations of women and girls who have known nothing other than war. Many were gripped by fear and anger; others had learned to dull their feelings with a quality of silence that often follows catastrophe. Having lost so many pieces of their lives to war, women shared their experiences with us hoping that we would make the difference that would bring them some stability, some safety, some shelter or even some food. They hoped that their voices would be heard and their triumphs celebrated, that we would showcase, through their lives, every reason that women must be considered full citizens and must have a stake in deciding their own future - and that finally, the world would listen.

We are humbled by our experience over the past year.

The report goes on to say:

We spent long hours with women who refused to give up hope for peace, and who turned to us to make their claims. How could we possibly improve their lives? In part, the answer will depend on the seriousness with which the testimony, analysis, hopes and vision of these ordinary but extraordinary women - survivors, leaders, heroines - are both received and acted upon.

To this end, we thank the Deputy Speaker and Comrade Thandi Modise, amongst others, for ensuring that we interact with this book.

Women are victims of unbelievably horrific atrocities and injustices in conflict situations; this is indisputable. As refugees, internally displaced persons, combatants, heads of household and community leaders, as activists and peace-builders, women and men experience conflict differently. Women rarely have the same resources, political rights, authority or control …

As Africans, you know that we are peaceful people. This is not us. We are not violent people. We inherited all this and, as we embrace the African century, we must rid ourselves of all this that is not ourselves.

Re tshwanetse go boela kwa boAfrikeng. Re nne MaAfrika a maloba, batho ba ba ikanyegang, ba ba nang le botho, banna le basadi, basimane le basetsana ba tlhompho. A re se dumeleng gore rona re tla tshwantshanngwa le diphologolo. Botlhokotsebe jo ga bo a tsalwa ke rona. Re tshwanetse gore re bo lwantshe gore re kgone go ja monono wa kontinente ya rona Afrika. (Translation of Tswana paragraph follows.)

[We should return to being Africans. We should become Africans of the past, people who are trustworthy, who have humanity, men and women, girls and boys of respect. Let us not believe that we can be compared with animals. We should fight it so as to reap the benefits of our continent, Africa.]

Africa is a vibrant continent with people full of laughter and song. We dance in our countries. At times we do so while we sob through the atrocities facing us. We occasionally hear the drumbeat signalling some action taking place. Be it sorrow or fun, our African women will arrive dignified despite poverty and squalor. They will rise to any occasion with pride. That is perhaps what we are celebrating - that we are survivors and we have been survivors. However, as the tables are turning, we are to be at the centre of the table to determine our destiny.

Most women on our continent head households. Therefore they are the best economists as they are already engaged in creating budgets to run these family units. This contribution may not always be recognised, but women will continue to do good for this continent. I always like listening to Judith Sephuma in times of trials and she will always say, ``I cry, I smile and I dance.’’

Women had property. They never had to rely on anyone to bring up their children. When we embraced what was commonly known as Western civilisation, we lost all that.

Having said that, I think we need to look at capacity building. We need to rectify a lot of things on our continent so that we can all be proud as we celebrate the many other days that are going to come.

Bongiwe Mlangeni is right to remind us that it is incorrect to speak only about the famous men of Africa, Kwame Nkrumah, Julius Nyerere, Patrice Lumumba, Duma Nokwe, Albert Luthuli, Nelson Mandela, Walter Sisulu and Oliver Tambo. Their role in the formation and in the implementation of the OAU principles is well documented in the books of history written by men and women of those times. Yes, there were women in Africa and some of them documented a lot of this history before the 40 years that we are talking about.

Bongiwe Mlangeni says, Maybe when you are talking about history you are talking about `his story'.'' Now we have to speak about her story’’. [Applause.]

Women kept the stories of Africa and the African literature intact through poetry in literature, Ama Ata Aidoo in Ghana; Florence Nwapa in Nigeria; Ransom Kuti in Nigeria; Maymuna Kanfal in Senegal; Graca Machel in Mozambique; founder member of the Pan African Woman’s Organisation Adelaide Tambo; other South African women - Lillian Ngoyi, Helen Joseph, Dorothy Nyembe, Frances Baard, Gertrude Shope, Winnie Mandela, Albertina Sisulu, Sister Bernard Ncube, Thandi Modise, Comrade Baleka Kgotsitsile and others. [Applause.] As we celebrate Africa today, we should also not forget the ambassador to the world that we have in Comrade Nkosozana Dlamini-Zuma who sells South Africa and Africa wherever she goes. I want to thank Bongiwe Mlangeni for reminding the whole of South Africa that there were women before the men took their place at the OAU. [Applause.]

Mr W J SEREMANE: I know of many men who, when they cry, say Mama,''. Very few sayPapa.’’

Madam Deputy Speaker, in irony or poetic justice let me, on this very day of the ``Africa Day’’ debate, begin by quoting Robert F. Kennedy when he said:

Some people see things and ask why? I dream of things and ask why not?

The African dream, through the mouth and pen of Kenya’s Tom Mboya, realises that the challenges are equally important, if not more, than the celebrations and lavish feasting. He further says:

Our task should be to examine and to analyse our experience in order to plan a better path for the future.

Forty years of solidarity in struggle to unity and peace might be daunting, but should not arouse despair and immobility. Tom Mboya asserts that:

… for those who seek fulfilment, the challenge of development offers the most exciting and rewarding experience.

With independence or liberation, a new phase in the struggle for human nationhood begins. The search for unity must continue. The needs of the people cannot wait either. Developing countries, especially African countries, face the challenge of development. The buzz word is: Delivery! Delivery! Delivery!

The struggle for liberation has been very long and very costly. In solidarity, the people’s of Africa paid dearly. The greatest and painful price has been that of the untold loss of life and limb, sometimes self- inflicted in civil strife, the lust for power and insatiable greed, corruption and bad governance.

Africa has been brutalised and bled to genocidal levels - sadly by Africans on Africans. It is indeed pertinent to sound the refrain ``Vukani mawethu ijala lakuthi. Tsohang litshaba se li litshuhile libone naleli ya meso.’’

We laud the concept of Nepad; commendable too is the peer review mechanism and the revamped African personality that we now call the African Renaissance. The real litmus test is the implementation - turning the dream into reality - without the heady euphoria that dangerously intoxicates a short-sighted people. It is not yet ``Uhuru’’ until this positive mind-set and ethics are captured and concretised.

The African Union can only succeed if each member does a sterling job of governing their respective countries. The peer review mechanism must be perfected and implemented passionately, but very rigorously. Cover-ups for buddies, as though they are a band of Mafioso, should not be allowed. The Zimbabwe-South-African saga is a case in point. All members must remember that charity begins at home, as the idiom goes. We cannot afford the razzmatazz when people continue to live in deplorable shacks, are homeless, hungry, unemployed and insecure. Let Nero be the last to fiddle whilst Rome is burning. I thank you. [Applause.]

Miss S RAJBALLY: Thank you, Madam Deputy Speaker. We have had forty years of history of solidarity in struggle, solidarity in loss, solidarity in belief, solidarity in sacrifice, solidarity in hope, solidarity in liberation and, now, solidarity in freedom.

For all we have achieved today in peace and unity, the question is whether the 40 years of inhumane hardship and suffering were necessary. Sadly and obviously, they were not. However, through that hardship, loss and suffering, we are able to appreciate what we have accomplished more and the appreciation of our togetherness should live on for many decades to come.

The dreams of our forefathers is what we live today. Their fights, struggles, sacrifices, commitments and hardship were to achieve what we have today. The MF takes this opportunity to commemorate all those who sacrificed their lives for the liberation of their people. The hon late Mahatma Ghandi, our own hon Nelson Mandela, the hon late Walter Sisulu and many, many others, we salute you in honour of your commitment to what we have today.

Our national Constitution is our Bible to peace and unity. Overseeing democratic government and the Bill of Rights, our Constitution bears the pact of the South African citizenry to be one people, no matter what colour, race or creed. The MF is pleased to note the liberation of minority Indians throughout South Africa and celebrates the freedom and liberation we all had been previously robbed of.

What is important is that, unlike previous years where government and its people operated on opposite sides of the fence, today Government and its people work on the same side, hand-in-hand. I guess that is what makes us a government by the people, for the people. It allows for our people to voice not only their likes and dislikes, but their needs and wants too, enabling better governance.

The MF calls for greater unity between the Government and the community. The MF commemorates our 40 years of struggle in solidarity and supports unity and peace. Thank you, Madam Speaker. [Applause.]

Mr C AUCAMP: Hon Deputy Speaker, Africa Day - 40 years. Forty years, exactly the time it took Moses to lead the Israelites through the desert to the promised land. A pity he did not know about the National Action, then it would have taken him only fourteen days!

The question is, Deputy Speaker, after 40 years of OAU and the birth of the AU, are we witnessing the end of the desert journey of Africa? Are we crossing the River Jordan to a promised land for Africa? When you cross the Limpopo, it definitely does not look so.

Die Nasionale Aksie se leuse is: Jou toekoms is hier. En hier'' beteken Suid-Afrika enhier’’ beteken Afrika. Daarom steun die NA die nuwe inisiatief vir Afrika se ontwikkeling en sê ons ook ons is ``van hier.’’ Die vraag is egter wat word in alle kringe bedoel met ‘n Afrika-lojaliteit?

Onlangs sit ek in ‘n vliegtuig langs ‘n hoogs professionele swart man, op intieme voet met hoë regeringslui. Aanvanklik het hy baie gematig geklink, maar soos die Romeine sê: In vino veritas.

En na die derde halfbotteltjie raak die man regtig aan die praat en hy sê vir my: ``We are 800 million blacks in Africa, you are only five. You will have to become black if you want to survive.’’

Ek vryf so oor my hand en sê: Hoe de hoenders gaan ek dit regkry?''; toe antwoord hy:No, you must become black in your heart.’’

Geagte Adjunkspeaker, is dit nie dalk wat baie keer bedoel word met ``the dawn of the African century’’ nie? Die vraag is, is ek ook deel daarvan met behoud van ‘n eie kultuur, eie lewenswyse en eie manier van dink wat dikwels anders is as die 800 miljoen? Met ‘n eie trots in my geskiedenis, prestasies, foute en al van my mense, gaan Afrika die formule vind om ‘n werklike tuiste te wees en te bied vir al sy mense, mense wat ook verknog is aan hierdie aarde, maar op ‘n eie unieke manier, sonder dat hulle in hul hart iets anders hoef te word?

Dít gaan bepaal of die komende 40 jaar steeds ‘n woestynreis gaan wees of nie. Ek dank u. [Applous.] (Translation of Afrikaans paragraphs follows.)

[The National Action’s motto is: Your future is here. And here'' means South Africa andhere’’ means Africa. Therefore the NA supports the new initiative for Africa’s development and we also say we are ``from here’’. However, the question is what is meant in all circles by African loyalty?

Recently I sat in an aeroplane next to a highly professional black man who is on an intimate footing with prominent people in Government. Initially he sounded very moderate, but as the Romans would say: In vino veritas.

And after the third halfjack the man really became talkative and he said to me: ``We are 800 million blacks in Africa, you are only five. You will have to become black if you want to survive.’’

I ran my one hand over the other and said: How the dickens will I manage to do that?’’. Than he answered: ``No, you must become black in your heart’’.

Hon Deputy Speaker, is this not what is often meant by ``the dawn of the African century?’’ The question is: Am I also a part of it, while preserving an own culture, own way of life and own way of thinking, which is often different from that of the 800 million? With an own pride in my history, achievements, mistakes and all of my people, will Africa find the formula to be and offer a real home to all its people, people who are also attached to this earth, but in their own unique way, without having to become something else in their hearts?

This will determine if the next 40 years will still be a journey through the desert or not. I thank you. [Applause.]]

Mr C W EGLIN: Madam Deputy Speaker, I have no doubt that the last 40 years of African history will be recorded and remembered as the era during which Africans managed to throw off the shackles of colonial control and rule.

So we enter this era with 53 independent sovereign states - a very substantial achievement - for which those who have struggled for it for so long deserve recognition and credit. But now, of course, we must look ahead to the new challenges which face us, and we should be under no illusions as to the magnitude of these challenges.

Yes, there are 53 sovereign, independent states, but democracy is patchy; many governments are pitifully weak and, at times, human rights are simply ignored. Then there are the problems of poverty, of Aids, of ignorance, the lack of economic development, of skills and managerial resources, of infant mortality, gender inequality and the marginalisation of Africa from the globalisation of the world economy.

To deal with these challenges, Africa has fashioned two instruments: One is the African Union, a structure; the second is Nepad, a developmental programme. I am as impressed by the objectives of the AU as I am excited by the prospects of Nepad.

However, based on my experiences of Africa over the past year, I have two major concerns: One is in respect of Nepad, and that is of a wide-spread lack of knowledge and understanding of the nature and the functioning of Nepad. At conferences, one finds varied reactions, from qualified approval to misunderstandings, to ignorance, to misconception, to skepticism and to hostility, not only from elements of civil society, but indeed from politicians and government leaders who, in fact, should be promoting and leading the Nepad process.

I suggest that this is a matter of serious concern for the leaders of the Nepad implementation committee and the secretariat, because unless they give the lead explaining exactly what this is all about, you are going to get 53 different interpretations of Nepad across the African continent.

The second concern is the depth of commitment to Nepad: How deep is it? I am concerned that, of the 53 countries that signed the Nepad declaration, only 11 of them have in fact agreed to the peer review mechanism.

This does not inspire confidence in commitment. And, yet, at the core of Nepad is a commitment; it is based on a commitment by African leaders themselves to do something for Africa. And that has to be expanded, not only from African leaders, it has to be expanded to the people of Africa. It cannot be a process that is led only from the top. It has to come from the people, it has to come from all sectors of society. It is not going to come to us like manna from heaven or from Addis Ababa. It has to happen right out here in our towns, our cities, and in our communities. It has to happen around Africa.

I believe that if there is the commitment and the will to see it through, Nepad can succeed. Unless there is that commitment, unless there is this will, we can carry on making speeches in Parliament to no avail. However, if we have that commitment, if we have that will around Africa, we will in fact really have a new era of peace and development in Africa. Thank you. [Applause.]

Dr Z P JORDAN: Madam Deputy Speaker, hon members, during the last decade but one of the previous century, a British scholar, Martin Bernal, caused an academic stir in Western universities by publishing a book titled Black Athena, suggesting that the origins of Greek and ancient European civilisation lay in Africa and Asia.

The academic heat generated by Bernal’s thesis made it evident that to most Europeans, even those schooled in the best universities, the notion that the Greeks owed anything to Africa was unpalatable. I am neither an advocate of Martin Bernal’s views, nor an opponent of his thesis whose merits and demerits I’m ill-equipped to judge, but the chagrin he occasioned amongst his interlocutors suggested that what was really at stake was not ancient history but, rather, 20th century politics.

In their enthusiasm to refute Bernal, many a reckless statement was uttered and published. In the midst of that controversy, Bernal produced a second volume of Black Athena, marshalling further arguments in support of his original thesis. The academic controversy continues and promises to be long and protracted. Whether we will be any the wiser when it ends, remains to be seen.

African scholars have argued that our continent descended into its own Dark Ages after an initial period of immense creativity and initiative. The commencement of the transatlantic slave trade, followed by the era of colonialism and apartheid, deepened Africa’s degradation. However, we have now arrived at a point at which the continued depiction of Africa and Africans as victims is not only self-defeating, but also disempowering.

We Africans - black, brown, white, kinky-haired or straight-haired - have to rise to the challenges facing us by assuming responsibility for ourselves, our continent and its future. There is a Xhosa proverb which says that a flock without lambs has no future. It was therefore with a great sense of pride that we received the news of the achievement of Sibusiso Vilane, the first black South African person to reach the summit of Mount Everest on Monday, 26 May 2003.

The courage, perseverance and sheer effort that this feat involved is an inspiration to us all. We would like to believe that it epitomises the spirit that imbues the young people of our country and the African continent. With people like Sibusiso amongst us, there is no reason to be fearful for the future of Africa.

As we marked Africa Day on 25 May, the spirit of Pan-African solidarity was being given palpable and practical expression by a team of South African rescue workers sent to Algeria to assist the citizens of a sister African country at the other end of our continent. Our hearts go out to the people of Algeria at this moment of deep bereavement. However, while we express our condolences and offer comfort to the grieving families and the Algerian nation, we are also in the fortunate position to give practical assistance to save lives and to help rebuild.

Africa Day celebrates the struggles of the people of this continent to reclaim their birthright of freedom and their inalienable right to govern themselves. As we cast our eyes back over the long road of Africa’s struggle for liberation, a number of interesting milestones catch our eyes. The year 1853 marks the end of the Kat River Rebellion, the first authentic war of independence waged on South African soil. It was very similar in scope, and in the profile of the protagonists, to India’s First War of Independence, the so-called Indian Mutiny of 1857.

In 1851 coloured ex-soldiers of the militarised Kat River settlement who had served as frontier guards for the Cape Colony along the eastern frontier after 1819, rose in rebellion, demanding freedom and self- government. Contrary to P W Botha’s oft-repeated claim, it is the coloured people of the Eastern Cape, and not the Afrikaners, who can lay claim to being the pioneers of the movement for independence in Southern Africa.

A second milestone is 1903, when Adv H S Williams, a Trinidadian-born barrister, inspired the convening of a meeting in Cape Town where the African People’s Organisation, the APO, a national political organisation of coloured people to strive for equal rights for all South Africans, was launched. That same year in Natal, John L Dube founded the first independent African language newspaper in Natal, Ilanga laseNatal. Also in 1903 Mohandas Gandhi founded a newspaper called Indian Opinion, targeting the Indian community.

This year, 2003, marks the centenary of all three of these initiatives. It would be very appropriate for South Africa to find some way in which to celebrate them. This year is also the 60th anniversary of The African Claims, adopted by the ANC’s national conference on 16 December 1943, as a considered response to the Atlantic Charter pronounced by Roosevelt and Churchill two years earlier off the coast of Newfoundland. With hindsight, a human rights scholar has characterised The African Claims as a very precocious document in that it anticipated the 1948 Universal Declaration of Human Rights.

Permit me, Madam Deputy Speaker, to quote at some length from its preface, written by Dr A B Xuma, the convenor of the committee that drafted it. I quote:

The soldiers of all races Europeans, Americans, Asiatics and Africans have won their claim and the claims of their peoples to the four freedoms by having taken part in this war which can be converted into a war for human freedom if the settlement at the Peace Table is based on human justice, fair play and equality of opportunity for all races, colours and classes.

The document continues.

As African leaders we are not so foolish as to believe that because we have made these declarations that our government will grant us our claims for the mere asking. We realise that for the African this is only the beginning of a long struggle entailing great sacrifices of them, means and even life itself. To the African people the declaration is a challenge to organise and unite themselves under the mass liberation movement, the African National Congress. The struggle is on right now and it must be persistent and insistent. In a mass liberation movement there is no room for divisions or for personal ambitions. The goal is one, namely, freedom for all. It should be the central and only aim or objective of all true African nationals. Divisions and gratification of personal ambitions under the circumstances will be a betrayal of this great cause.

In the afterword of an edition of The African Claims published in 1946, we learn that Dr Xuma had in fact submitted this document to South Africa’s wartime prime minister, Gen Jan Christiaan Smuts, with a view to having it discussed. However, he was rudely rebuffed with the response that the prime minister ``was not prepared to discuss proposals which are wildly impracticable.

The year 1943 was also the year in which the 31-year-old Walter Sisulu and his colleagues launched the ANC Youth League, which was to transform the ANC from a body of gentlemen with clean hands into the mass liberation movement envisaged in The African Claims.

We recall these milestones because they are emblematic of the many opportunities South Africa and the African continent have lost, all too often because of the short-sightedness of those at the helm. The political values set out in The African Claims remain extremely relevant for the project of an African Renaissance and Nepad.

Viewed from that perspective these principles which are so eminently achievable, could be the key to Africa’s success. Reduced to their essentials, they are: firstly, that all governments should derive their authority from the consent of the governed; secondly, no person or group of persons should be subjected to oppression or domination by virtue of his or her race, gender, colour or religious belief; three, all persons should enjoy security in their persons and their goods against intrusions by secular or clerical authorities; four, all persons should enjoy the right to life, unfettered by the impositions of either secular or clerical authorities; five, all persons should have the untrammelled right to hold and express whatever opinions they wish to subscribe to, as long as the exercise of that right does not infringe on the rights of others; six, all persons should be equal before the law - no one should enjoy a privileged status separate and above others; seven, the state must assume responsibility for the wellbeing of the citizen by the provision of an adequate system of education and training, health care and an expanding floor of rights to sustain and maintain the human dignity of all citizens.

These social rights, contained in The African Claims, spelt out and anticipated many of the social rights we have enshrined in the democratic Constitution South Africa adopted in 1996.

Our efforts to renew the African continent arrive at a time when African countries are restoring democratic governance. An African Renaissance without popular participation and accountable governments is inconceivable. That implies regular, free and fair multiparty elections to ensure that governments remain sensitive and responsive to the views and aspirations of ordinary citizens, and that this must become a political norm throughout the country. The challenge we face in Africa today is the pursuance of rapid economic growth and development in tandem with democratic norms.

The fourth milestone is 1973, which witnessed the revival of a democratic trade union movement in our country, announced by strikes amongst the African workers in Durban and KwaZulu-Natal. The strikes of that year signalled the unfreezing of the political landscape that had followed the massive repression of the post-Rivonia period. The mobilisation of black working people gathered momentum over the next 10 years, culminating in the establishment of Cosatu in 1984.

The trade union movement comprises the largest single component of South Africa’s civil society, with in excess of 3 million members distributed amongst a number of affiliates. It is universally recognised today that civil society is a vital constituent of any democratic dispensation, providing, as it does, the ordinary citizen the political space to engage with both the state and society at large around the complexities of life in our modern industrial societies.

South Africa’s economic future is also very integrally linked to the fortunes of our continent. Nepad and the regeneration of the African continent should therefore be seen as of much concern to South African business as they are for the Government. A host of opportunities on the African continent beckon, provided our businesspeople have the courage and commitment to explore them.

The infrastructure of Africa sorely needs to be developed. It is ironic that it is Africa’s ports that take African-produced goods away from the continent that seem to work at some level of efficiency, yet the intra- African trade systems and networks are either nonexistent or are threatened with decay.

Stimulating co-operation and mutually beneficial economic relations amongst African countries requires that we ensure that the existing transport networks are functional and that new sustainable ones are built. African telecommunications will also have to be greatly expanded to rapidly improve intra-African communications which are indispensable to the continent’s renewal.

The inherited patterns of communication and trade, established during the colonial era, often frustrate and inhibit our own potential. Africa must now strive to exert greater control over its resources through multilateral co-operation agreements amongst African countries, while discovering mutually beneficial arrangements with other regions of the developing world. Economic co-operation with other developing countries, supported and supplemented by strategic alliances to create synergies amongst us, can only lend strength to such efforts.

We must also be unsparing and rigorous in our introspection. We must have the courage to face up to the reality that Africa’s millions are held in thrall, not only by poverty, but also by appalling levels of ignorance that compound the continent’s economic and social problems. A meaningful cultural revival demands a critical revisiting of indigenous African culture, African institutions, African customs, African practices and mores. Sexism, ethnicity, tribalism and cronyism are amongst the indigenous ills Africans must confront if our continent is to be renewed.

The single biggest threat to Africa’s economic growth are preventable diseases. The HIV/Aids pandemic has already wreaked untold damage on the economically active population of the continent and, unless arrested, could pose a threat to future generations as well. Malaria remains the biggest killer of African children, and the reappearance of tuberculosis, when we all thought it had been contained, points to the serious challenges facing the African people.

The poor health suffered by many on our continent is directly attributable to the premodern conditions in which many Africans have to live. The unavailability of clean water, the absence of proper sanitation and inadequate shelter conspire to render the health of far too many on the continent precarious.

Political stability and peace are the preconditions for the regeneration of the African continent. Since 1994 our Government has been at the forefront of efforts to achieve these, not by imposing a Pax South Africana by force of arms, but by judicious interventions.

We have nudged African countries in desirable directions. Our role in Lesotho and the Great Lakes region, the role we are playing in the DRC and the role we are playing in bringing the parties to the political conflict in Zimbabwe to the conference table attest to South Africa’s commitment to peace. We still have to persuade a critical mass of African politicians and other players to eschew zero-sum politics. Our continent stands at the threshold of a new era, and it is up to us to ensure that it becomes Africa’s rendezvous with her destiny.

In 1906 a South African undergraduate at the University of Columbia, New York, wrote, inter alia, and I quote:

The regeneration of Africa means that a new and unique civilisation is soon to be added to the world. The African is not a proletarian in the world of science and art. He has precious creations of his own, of ivory, of copper and of gold, fine, plated willow-ware and weapons of superior workmanship. Civilisation resembles an organic being in its development - it is born, it perishes, and it can propagate itself. More particularly, it resembles a plant, it takes root in the teeming earth, and when the seeds fall in other soils new varieties sprout up. The most essential departure of this new civilisation is that it shall be thoroughly spiritual and humanistic - indeed a regeneration moral and eternal!

O Africa!

Like some great century plant that shall bloom In ages hence, we watch thee; in our dream See in thy swamps the Prospero of our stream; Thy doors unlocked, where knowledge in her tomb Hath lain innumerable years in gloom. Then shalt thou, walking with that morning gleam, Shine as thy sister lands with equal beam.

Thank you. [Applause.]

Debate concluded.

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON PROVINCIAL AND LOCAL GOVERNMENT - STUDY TOUR OF MUNICIPALITIES

Mr Y I CARRIM: Madam Deputy Speaker, comrades, friends, the hon Pallo Jordan points out that he didn’t use his full 20 minutes, and he has therefore very kindly given me his two remaining minutes. I hope that the Deputy Speaker will take that into account.

I present this report with great pleasure for adoption in this House. The portfolio committee, as many of you might know, undertook a study tour of municipalities from 20 to 30 January.

Three multiparty teams of five MPs each visited three provinces each. In all we covered 63 municipalities, three metro sub-councils, seven MECs and provincial departments, four ward committees and public meetings, three urban and rural nodes, and three Planning and Implementation Management Centres. In all we interacted with over 2 200 people.

We were rather surprised at how seriously the study tour was taken by the municipalities. Most of them prepared fully for it, with some even having preparatory workshops and meetings. We were certainly very enthusiastically received. Partly, we think, this is because municipalities are desperate for support, but it also perhaps reflects the inadequate relationship we as MPs and MPLs have with the municipalities we live in and in which our constituencies are. Perhaps we are not doing enough through our constituency work to consolidate and advance the implementation of the new local government system.

It was a very successful tour indeed. However, ultimately the success of the study tour will be measured by the extent to which our portfolio committee addresses the key concerns raised by the municipalities, and reports back to them. As part of this, we published a full report in the ATC of 13 May. We also produced 5 000 copies of a special printed version. Many of you have it here on your desks, and we will have, by this weekend, distributed all of them. I will briefly offer an overview of the report and focus on some aspects of the way forward. Other members of our portfolio committee will focus on different aspects of the report.

What emerges very clearly from the study tour is that the core principles, values and features of the new local government system are sound, but there needs to be greater understanding amongst all the key stakeholders of the need for the two-tier system of the local government made up of district and local municipalities. Fundamentally, the challenges of the new system are not around conceptual and policy issues, but in fact around implementation issues.

It is about plans, strategies, programmes, funding and other resources, quality of leadership, capacity-building and training, and the practical co- operation of all three spheres of government. There has been constant ongoing change in local government for the past ten years and more. In many municipalities a significant number of new councillors came in with the December 2000 elections. Officials are constantly changing. Overall, there is a certain measure of transformation fatigue. A measure of stability has to be introduced, we argue.

Given the magnitude of the local government transformation, there will be ongoing change. However, precisely to ensure the success of this, a measure of stability is necessary. Most municipalities have a core of officials and councillors who have a very good grasp of the challenges before them and are committed to addressing these. The gap between this advanced elite and the average councillor and official is great, and needs to be reduced through capacity-building and training.

There is also an urgent need to improve management and practical implementation skills of councillors and officials so that they make better use of limited resources, and more effectively convert plans, programmes and strategies into concrete delivery and development. The new municipalities have progressed reasonably well in merging several different pre-existing municipalities. Single administrations and budgets have been effected with hardly any disruption of service delivery.

However, the new administrations need to be more developmental. There also needs to be more co-operation and a more productive relationship between councillors and officials. Relations between the district and local municipalities vary from cordial and co-operative to conflictual and unproductive. There needs to be much more work done to effectively implement the two-tier system of local government. National and provincial Government, Salga and other role-players will have to offer considerable support to municipalities to effectively implement the new division of powers and functions between district and local municipalities, to come into effect on 1 July.

Municipalities are certainly aware that IDPs generally are not of the required quality, but the notion of development planning has been internalised by municipalities. However, provincial and national departments tend to ignore IDPs. If they have reservations about the quality of the IDPs, we argue that they must contribute to improving them. Provinces need to consider new provincial development plans that are shaped by and also shape municipal IDPs. It is vital that there is more integrated government.

For significant improvement in service delivery and development, there has to be more co-operation and co-ordination across the three spheres of government. Financial issues certainly constitute the biggest challenge confronting municipalities. Municipalities have to make far more effective use of limited resources. They also have to do far more to collect the debt owed to them, and to raise more of their own revenue. A significant part of the arrears indeed is owed by the private sector and government departments.

National and provincial Government have to assist municipalities to recover moneys owed to them by government departments for service charges, rates and agency functions. Of course, the answer to financial difficulties being experienced by municipalities does not lie in flinging more money at them. It is clear, however, that there is a need for a new local government financial system that is appropriate for the new developmental model of local government.

While the case for increases in the remuneration of some councillors is not sound, in the case of others it certainly is. There needs to be a much more open and informed debate about what the possibilities and limits are of any increases. Municipalities that have a very weak rates base need more financial support from the national Government to meet the cost of councillors’ remuneration. However, over time, careful consideration has to be given, within budgetary constraints, to the national fiscus meeting a significant part of the cost of councillors’ pay.

The Minister’s guidelines on the remuneration of municipal managers is welcomed. If it is constitutionally possible, the Minister should issue regulations instead and, if necessary, legislative amendments should be effected to allow him to do so. While the considerable potential of community participation in the new local government system is far from developed, there has been reasonable progress. There is a need, however, to ensure greater and more consistent community participation, particularly through ward committees.

Significant progress has been achieved in the provision of free basic services, especially water. It is vital, however, that a much higher proportion of people living in rural areas, and who are often those most in need, receive the free basic water services. The Department of Water Affairs and Forestry’s handing over of full responsibility for the delivery of water to municipalities must be phased in sensitively and sensibly, taking into account financial capacity and other considerations affecting each municipality. Failure to do so could seriously undermine the free basic water programme.

There is an urgent need, moreover, to review capacity-building and training programmes for both councillors and officials, and to drastically improve them. More effective co-operation among the relevant service providers is crucially necessary. Some municipalities, without the most minimal financial, economic, revenue or other base, are simply not viable, unless drastic measures are taken, not just by the municipalities concerned, but by provincial and national Government, the private sector, communities and other stakeholders.

Of course, fundamental changes to municipal boundaries should be approached cautiously. Boundary issues, moreover, should not be conflated with the many other issues affecting the viability of municipalities, but the Municipal Demarcation Board might well have to reconsider the boundaries of these municipalities. The quality of leadership in a municipality, especially that of councillors, but also officials and community representatives, signally influences its effectiveness, notwithstanding the constraints of funds and resources, and the magnitude of the challenges.

It is clear that, unless municipalities get more resources and increase service delivery, the new local government system will not be effectively implemented. At the same time, unless the new local government system is more effectively implemented, municipalities will not be able to secure more resources and significantly increase delivery. In short, what we are saying is that municipalities are in the early stages of a major transformation to a fundamentally new system of local government. With huge challenges and limited resources and capacity, municipalities are certainly making more progress than is commonly made out, even if less than they should.

However, together with national and provincial Government and other key role-players, they have to be significantly more effective. The portfolio committee has made various proposals in the report on action to be taken. We have engaged with the Minister, but unfortunately and regrettably he couldn’t be here today, but the Deputy Minister is going to respond to our report. The D-G and other senior officials are here. We will shortly be meeting with them again to discuss a programme based on this and will, over time, actively monitor developments in this regard.

The Department of Provincial and Local Government, we are clear, on its own, cannot address the many issues raised in our report. Other national departments, provincial departments of local government, and other provincial departments, Salga, community organisations, trade unions, the private sector and other stakeholders have a crucial role to play as well. So too do Parliament and the legislatures, and in particular our portfolio committee. We have also published this report on several websites to engage in discussion around it. We are clear that municipalities also have to do more for themselves.

There will be briefings on the report with our respective party caucuses, various Ministries and national departments, Salga, MECs and provincial departments, trade unions, traditional leaders and other structures, some of which have already begun. We are also pursuing, I must stress before this House, the possibility of securing a researcher for six months, who would follow up on the issues raised during the study tour, and keep in touch with the relevant municipalities and inform them of developments. The researcher could also assist with our monitoring and oversight functions in regard to the issues for action raised in our report.

We are also exploring the possibility, and I hope the Deputy Speaker notes this in particular, with the relevant authorities in Parliament, of allocating a week of constituency work to local government. Ideally, this should involve all MPs from both Houses taking part, and should take place in the second half of this year. We must effectively fulfil our oversight functions with regard to proposals for action in this report. Obviously, what and how much we can do to take forward the issues raised in this report depends on a very wide range of factors.

Among these are, obviously, our legislative and other parliamentary responsibilities, constituency work, political party deployments, availability of research, technical and other resources, funding, and the co-operation of a wide range of stakeholders. Aspects of the programme set out may not be realisable, but whatever we can do, we should certainly actively seek to do. We should also, in other words, monitor ourselves.

By way of conclusion, we want to note our sincerest appreciation to the municipalities and other stakeholders for the considerable co-operation they accorded us, and the very warm reception they gave us. The organisational details were dealt with by our outstanding committee secretary, Mr Llewellyn Brown, who can’t be here yet again, because he is busy doing a whole lot of work related to our portfolio committee. We want to acknowledge our sincerest appreciation to him. Our thanks also go to Ms Pinkie de Villiers of the Municipal Demarcation Board, and the researchers, Mr Sibanyoni, Mr Liebenberg, and Mr Dingela, for the background reports they did, which helped us to draft this final report.

I have pleasure, therefore, in recommending this report for adoption in this House. Thank you. [Applause.]

Mr G A J GROBLER: Madam Deputy Speaker, I don’t know. I didn’t copy his speech, but it was quite a good one, Yunus.

The undertaking of a tour of this magnitude by so many committee members deserves appreciation. It was most informative and worth every effort, and I must congratulate the committee chairperson for the role he played in organising this study tour. Also, as he has already said, a word of thanks goes to Llewellyn Brown; easily one of the best committee secretaries that I’ve ever worked with.

This fact-finding mission was necessary. Not only did we come across success stories, but we were also exposed to municipalities that are experiencing serious problems. An eye-opener for me personally was the openness of councillors and officials regarding the specific problems that they are experiencing in their various municipalities. The DA would also like to express its gratitude to all the councillors and officials for their hospitality during our visit, and also to those persons responsible for this report. As I have said, there are success stories, but there are also cries for help, both from officials and councillors.

Issues of concern for the DA are of course, firstly, executive mayors. The DA feels that the existing local government system allows too much power to the executive mayor and mayoral committees. Where these systems do exist, the DA calls for these executive mayoral committee meetings to be more open to the public for more transparency. Smaller municipalities can do without this executive mayoral system. I don’t see why not.

I now come to my favourite topic, district municipalities. The necessity for district municipalities remains questionable. Municipalities also said that they get very little service, and in most cases, no service from district municipalities. There were many such examples, not exceptions. The DA firmly believes that this two-tier system is unnecessary. It is too costly and definitely not viable.

These district municipalities are, to say the least, a waste of rate and taxpayers’ money. Some district municipalities immediately spent the first moneys they received from central Government on lavish offices and mayoral cars, and in some instances, even on cars for their speakers.

An HON MEMBER: And their members!

Mr G A J GROBLER: You are so right!

District municipalities have also delegated most of their functions to category B municipalities in their areas. Meetings have been scaled down to the absolute legal minimum. For now, district municipalities should have minimal powers and functions, as far I’m concerned, and, also, as far as the DA is concerned, district municipalities should be phased out as soon as possible. My question to the Deputy Minister - it’s a pity the Minister is not here - is: What is the use of having these district municipalities? I wish somebody would give me an answer.

I now come to provincial governments. Many municipalities are having serious problems with their provincial governments. Provincial governments’ constant failure to pay municipalities for services rendered is a major problem. Services such as the agency functions which we’ve heard about are fulfilled by these municipalities on behalf of their provincial governments, but they are not paid for doing that. Municipalities in certain cases bear the administrative costs of housing deliveries, a cost which is quite substantial for most municipalities.

Moneys owed to two municipalities amount to R24 million and R150 million respectively. One municipality mentioned that amounts owed by the national and provincial Governments in total amounted to R400 million. If hon members guessed which province it was, and if you said Eastern Cape, you would be absolutely correct. The champion of nonperforming provinces! This is not only unacceptable, it is a disgrace.

Hierdie feite wat die DA vandag hier voorhou, is nie uit my duim gesuig nie. Dit is die feitelike inligting wat aan ons komiteelede gegee is in die feitesending wat meegemaak is. U kan dit lees in daardie brosjure wat uitgegee is. Daar lê dus ‘n groot uitdaging voor, en die DA is bereid om die Regering te help om van munisipaliteite ‘n sukses te maak. Al wat die ANC-Nuwe NP-alliansie moet doen, is om na die suksesverhale van die DA- beheerde munisipaliteite te kyk. Dis so maklik soos dit!

Ons stem egter saam dat dit immers die regeringsvlak naaste aan die mense is, en ons is dit almal eens dat ons ‘n sukses daarvan moet maak. Ons móét ‘n sukses daarvan maak, maar daar sal dan meer aandag gegee moet word aan opleiding. Ek dink my kollega gaan meer daaroor praat. Daar sal ook ernstig gekyk moet word na die kwaliteit van amptenare, soos ons ook gehoor het, wat aangestel word. [Tussenwerpsels.]

Daar kan gerus ook gekyk word na die astronomiese salarisse wat sommige amptenare verdien. Ek bedoel, minister Manuel het reeds verwys na die salarisse van munisipale bestuurders. Hulle wil nie nog wag vir die gravy'' wat hulle eendag hier gaan kry nie. Hulle wil die gravy’’ sommer al daar ónder hê! [Tussenwerpsels.]

Politieke partye sal ook moet kyk na die kwaliteit van hulle raadslede, en dit sluit álle politieke partye in. Die besware van munisipaliteite oor die implementering van sekere dele van die wetgewing en regulasies skep ook probleme.

Daarom dink ek huidige konsepwetgewing voor die Portefeuljekomitee oor Provinsiale en Plaaslike Regering, byvoorbeeld oor grondbelasting, gaan ook beslis tot groot probleme lei. Daarom versoek die DA dat daar met omsigtigheid na die billikheid van dié soort wetgewing gekyk moet word. Aandag sal gegee moet word aan die regverdige toepasbaarheid van hierdie voorgestelde konsepwetgewing op grondbelasting, om maar een te noem. Baie dankie. (Translation of Afrikaans paragraphs follows.)

[These facts that the DA have given here today, are not ones that I have fabricated. This is the factual information that was given to us committee members during the fact-finding mission we were part of. You can read about it in that brochure that was published. Therefore, a huge challenge lies ahead and the DA is prepared to help the Government to make a success of municipalities. All that the ANC-New NP-alliance should do is to look at the success stories of DA-controlled municipalities. It is as easy as that!

We agree, however, that it is indeed the government level that is closest to the people and we are all in agreement that we should make a success of that. We must make a success of that, but then more attention should be given to training. I think my colleague will elaborate further on that. Serious attention will also have to be given to the quality of officials, as we have also heard, that are appointed. [Interjections.]

Attention really may very well also be given to the astronomical salaries which some officials earn. I mean, Minister Manuel has already referred to the salaries of municipal managers. They do not want to wait for the gravy'' that they will receive here some day. They want the gravy’’ down there without further ado! [Interjections.]

Political parties will also have to look at the quality of their councillors, and that includes all political parties. The objections of municipalities about the implementation of certain parts of the legislation and regulations are also creating problems.

For that reason I am of the opinion that the present concept legislation before the Portfolio Committee on Provincial and Local Government, about land tax for example, will also definitely cause great problems. For that reason the DA requests that the equity of this type of legislation should be looked at with caution. Attention will have to be given to the equitable enforceability of this proposed concept legislation on land tax, to name but one. Thank you very much.]

UMnu B J NOBUNGA: Lisekela laSomlomo, setfula kuleNdlu umbiko ngeluhambo lwetfu lwekuya kubomasipala lolukhombisa kwekutsi intsandvo yelinyenti ijule kangakanani kulelive. Ngelilanga lekujabulela iminyaka lengema-40 live lase Afrika latfola kuphumelela ekulweleni lubumbano nelucolo.

Ngitawukhuluma ngekwehlukaniswa kwemandla nemisebenti phakatsi kwaletigaba letimbili tabomasiphala; bomasiphala betifundza nalabo betigodzi.

Ekuhambeni kwetfu sivakashela bomasipala, siye satfola kwekutsi budlelwane emkhatsini waletigaba letimbili tabomasipala buyehlukahlukana. Kusukela kulobunemvisiswano kuye kuyewufika kulobo lobunekushayisana ekhatsi kungabikho nenchubekele embili. Loku kwenta kutsi kube khona sidzingo lesikhulu sekucacisa lemisebenti lekumele yentiwe nguletigaba letimbili tabomasipala, kuphindze futsi kubukwe indzima lekumelwe idlalwe bomasipala betifundza ekusiteni bomasiphala labancane kanye nalawo mandla lekumele kwe- kutsi atfolwe nguleto tigaba letimbili tabomasipala ngekwehlukahlukana kwabo.

Bomasipala labanyenti lesibavakashele bevakalise kukhatsateka kwabo ngetincenye letitsite letifaka ekhatsi kungabata ngalokwehlukaniswa kwemandla nemisebenti lekumele kwe-kutsi yentiwe nguletigaba letimbili tabomasipala. Labanyenti kulabomasipala batsi lokwabelana ngemandla lokumele kwe-kutsi kwentiwe kuletigaba letimbili tabomasipala kubukeka shangatsi sekutsetse sikhatsi lesidze kakhulu kantsi nekuchumana akuzange kubekhona ngendlela bona labebabuke kwekutsi kutakuba ngayo ekwenteni kwekutsi nangabe iNdvuna lenkhulu lephetse liTiko labohulumende betifundza nabohulumende basemakhaya icedzele imvume yekugcina, loku lesikubita ngekutsi, ``final notice.’’ Kumele kutsi ngabe kube khona kutsintsana lokukhulu ngaphambi kwekutsi iNdvuna isayinde leto tigaba letiphatselene nalawo mandla lekumele aye kubomasipala. Lawo mandla abukene nekuphakelwa kwemanti, kuhanjiswa kwendle, temphilo kanye nekuphakelwa kwagezi.

Loku kufaka ekhatsi nekuhlelembiseka, loku lesitsi ``kuhlelembisa’’ lokumele kwentiwe tindvuna tabohulumende betigodzi, loku lesitsi ngema-MEC, kulawo mandla lekumele kutsi asalele ngemuvana aniketwe bomasipala kube kubukwe emakhono alabo bomasipala labanawo ngekwehlukana kwabo kusetjentiswa nalomtimba lobitwa ngekutsi ngema-Municipal Demarcation Boards.

Kukhona noko lidlandzana labomasipala labakhulu labatsi bona abasiboni sidzingo sekutsi kube khona ema-district council. Batsi bona umsebenti wema- district council ubukeka ukucitsa sikhatsi ngani ngobe lama-district council abobhongoza kantsi futsi ate nemandla ekwenta leminye yalemisebenti lekumelwe kutsi ayente ekutseni kuphakelwe tinsita kulemiphakatsi ngekwehlukahlukana kwayo.

Kantsi-ke nome bebakhona labo bomasipala labakhulu labatsi abayiboni imisebenti yabomasipala betifundza, bakhona-ke labo bomasipala, ikakhulukati bomasipala labancane nabomasipala basemakhaya labawubonako umsebenti lomkhulu lowentiwa bomasipala betifundza. Kodvwa labomasipala labakhulu bona batsi bomasipala betifundza kumele kutsi bente umsebenti wekuchumanisa batsi nase bacedze kuchumanisa bese benta leyo mitsetfo leyengamela kuphakelwa kwetinsita kodvwa hhayi lokuphakelwa kwetinsita ngekwako kodvwa kuphakelwa kwetinsita kumele kwentiwe bomasipala betigodzi. (Translation of Swati paragraphs follows.)

[Mr B J NOBUNGA: Madam Deputy Speaker, we are tabling before this hon House a report about our visits to municipalities, and it shows how deep democracy runs in this country, which will be very clear on the day when we will be celebrating the 40 years since this African country succeeded in its long struggle for unity, peace and stability.

In my endeavour I will be discussing the dissemination of powers and functions of the two categories of municipalities - local and district municipalities.

In our visits to the municipalities, we discovered that the relationship between the two categories of municipalities differs. It proceeds from the co-operative to that of non-co-operative and non-progressive. This creates a great need for the clear definition of the roles and functions of these two levels of municipalities, the revisitation of the role that should be played by the district municipalities in helping the local municipalities, and the boundaries that should be drawn between those two levels of municipalities.

Most of the municipalities said that the allocation of powers that has to be implemented between the two levels of municipalities seems to have taken a very long time and yet there was no proper communication, as they had thought there would be. Also, the Minister of Provincial and Local Government should complete the finalities, what we call ``authorisation’’. There should have been a lot of communication before the Minister could have signed with regard to the levels pertaining to the powers that should be bestowed upon the municipalities. Those powers are for the distribution of water supply, sanitation, health, and the installation of electricity supply.

This includes standardisation, what we call organisation'', which is supposed to be done by provincial governments, what we call MECs’’, with regard to the power that should have been delayed in being given to the municipalities, taking into consideration their various abilities, while using the bodies called ``Municipal Demarcation Boards.’’

Nevertheless, there were a few municipalities who said that they did not see the need for the district councils. They claimed that it seemed as if the work of the district council was just another waste of the taxpayers’ money and time, because the district councils are so arrogant, yet they don’t have the capacity to do some of their duties, like distributing certain services to the diverse communities accordingly.

Though there are municipalities who claim not to see the works of the district municipalities, those municipalities are there to stay, especially the small local municipalities. They see the good work that is done by the district municipalities. However, the larger municipalities claim that the district municipalities should be responsible for communication and the making of policies for the distribution of basic services; meanwhile basic services are the responsibility of the local municipalities.]

The following are the challenges that district municipalities face. The first is that their boundaries are questionable and they are not viable. Some of these district municipalities feel that they have not been allocated adequate powers and functions. Several complained that their powers and functions have been reduced owing to the newly demarcated boundaries of municipalities.

The second challenge is that the local municipalities insist that they are autonomous and refuse to acknowledge a district role beyond wanting to confer with them on certain projects. The third one is that they are graded the same as some of the local municipalities within the very same jurisdiction, and they also feel that some local municipalities within the same jurisdiction are graded even higher than they are.

There are also common challenges that are faced by both district municipalities and local municipalities that pertain to the issue of the autonomy of local government as enshrined in the Constitution. There is a greater feeling on the part of both district municipalities and local government that national Government and provincial government are not giving local municipalities the room that they require in order to perform their functions and execute their powers.

Some of these municipalities expressed reservations about the capacity of the provinces to deliver, effectively, primary health services. One strong district municipality said that it is currently providing health services on an agency basis on behalf of a province, and that that province has since not paid it the dues that are due to that particular municipality, to the tune of R20 million.

There are also calls for clarity on the respective roles of the provinces and municipalities in providing libraries, roads and housing, and how this should be funded. There are far too many role-players responsible for services in the area of municipalities. Some municipalities said that the provision of water involved too many role-players, namely the Department of Water Affairs and Forestry and the water boards, while in some cases water is also provided by municipalities. Another challenge is the issue of the provision of land tenure rights. According to municipalities, there seems to be a problem regarding the manner in which the Department of Land Affairs is pursuing the issue of allocation of land and the manner in which traditional leaders are participating in providing land in rural areas.

The portfolio committee explored with some of the more effective districts the reasons they were working well. In the case of most of the districts, it emerged that the boundaries of those district municipalities had remained largely unchanged from those of previous regional services councils. The fact that most of the members that are serving in those district municipalities have been serving since the pre-2000 interim phase of local municipalities has also contributed a great deal to ensuring that there is stability in the manner in which those councils are being run. [Time expired.] [Applause.]

Mr P F SMITH: I wish to start by acknowledging that although the IFP did not participate in the study tour and did not contribute significantly to the report itself, we did comment on the draft and believe that the document is an important document that should be studied by all those who believe in the success of local government of the country. [Interjections.] The reason for not joining the tour is simply that, due to the intransigence of, the ANC and their attempts to manipulate the Constitution in respect of floor-crossing, we in KwaZulu-Natal were going to call an early election. Members such as myself have a loyalty to the party in contesting an election, rather than swanning around the countryside on a study tour. That is the reason we were not there.

Having said that, we believe that the document is an important one, and we would like to make a few observations in this regard. [Interjections.] You are a noisy crowd!

First of all, I think we must agree with the general thrust of the report. I think it is particularly important to recognise here that an approach towards the success and failure of local government has to be done from a perspective which recognises the real constraints and challenges facing all of us, the municipalities and the provincial and national Government. It is very important to adopt a sufficiently long-term timeframe in respect of judging the transformation process. Anyone who expects miracles within a year or two of the elections is going to be sorely disappointed. I think the party would agree with the view that we need a 10-15 year horizon in this regard and, in fact, we are only now a few months into year 3 from the 2000 elections.

Judging from that perspective, I think we would say that, by and large, municipalities are making better progress than might have been anticipated. Having said that, that should not be taken as a justification for anything which is plainly wrong and, if one is looking at ineptitude, greed, graft, corruption, etc, obviously those things have to be put to bed post haste, and they’ve got nothing to do with timeframes involved in our judging the success or otherwise of local government.

Having agreed with the general approach, may I comment on a couple of specifics? The first is on the issue of district councils. Here I would like to take issue with our colleagues or our allies in local government, the DA. We hold a completely different view in respect of the desirability of the two-tier system outside the metro. In fact, even in respect of the metro, we held the view during the White Paper process that a two-tier system should be one of the options on the smorgasbord of types. Having said that, I think we would agree with some of the observations made in respect of the difficulties that we have with the two-tier system at present.

Certainly, there is a need to strengthen the perceptions of role-players on the need. There is a greater need for people to understand why there is a two-tier system and how it is going to function, particularly how the B’s and C’s are meant to work together. It is problematic at present. It is not helped by the fact that the powers and functions of the two tiers have not yet been finalised. We have had a situation that was obtained in 2000, where the 2-year transition was extended for 6 months; there are new determinations in respect of the national Ministry and of the provinces which are going to come into effect on 1 July.

However, even when that process is completed, there will still be powers and functions that will not be not resolved yet. We still have the electrification rates that are outstanding. This whole issue of powers and functions has bedevilled relations between the B’s and C’s and, unfortunately, it is likely to continue doing so for some time. We would like greater effort to be put into reducing this conflict.

Also, the issue of financial arrangements between the B’s and C’s is also problematic. The department has promised us that this year - I am not sure how on earth they are going to process that this year - there will be legislation to regulate the financial relationship between B’s and C’s. Assuming we get this legislation, that would be a healthy development.

I would also like to mention that the capacity constraints are something we strongly agreed on, which is in the report. It is a highly problematic issue, and we believe far more needs to be done in terms of engaging with capacity-building within the municipalities in question. We would like to commend the chair and the committee itself for having initiated the process. Last week, a workshop was convened by the committee at which all important role-players were present to determine the problems of the present capacity-building and what could be done. The process has been put into effect which, we trust, will pay positive dividends.

We are also of the view that financial difficulties experienced by municipalities are the major issue for many municipalities. The issue is not one of capacity. Certainly, we have a Local Government: Municipal Finance Management Bill that should be passed this year, and if capacity constraints are now problematic, it is going to be worse once that Bill comes out because it is a very complex piece of legislation. The pressure it is going to put on financial management within municipalities is greater than we have at present. We have that problem of capacity and the statutory environment in which the municipality is operating.

There are also issues like debt collection and others. Municipalities are constantly writing off debts, and the problem of collecting arrears is a massive problem. The municipalities really need to do more than that.

Irrespective of all the problems, we strongly believe that the basic financial system dealing with the funding of municipalities needs to be reviewed. The notion that municipalities derive ninety-odd per cent of their funds from ratable income may be true in aggregate, but if you look at poorer municipalities in particular, the funding is highly problematic.

Thirdly, may I comment briefly on what the report has to say on the participation of traditional leadership in local government. For the most part, the report tries to be noncontentious and merely enumerates levels of participation that it observed and the comments that municipalities made in this regard. This is fine; nothing contentious about that. It also acknowledges that there is a dispute between traditional leaders and other role-players, particularly Government, on this matter, and that it needs to be addressed on an urgent basis and that there is a White Paper on traditional leadership and framework legislation that is to be welcomed when it comes through.

This is all very well. That process is at work. It is very clear to us as participants, within and outside the committee, that irrespective of the language being used to welcome the process - the White Paper and so on - the view of the committee, as is the rule of the ruling party and of Government, is one which is totally at odds with the view expressed by parties such as ourselves and other stakeholders in respect of the kind of government system we would like to see in place in respect of traditional leadership and institutions of traditional leadership.

When the chairperson said in terms of this report that the main issues are those of strategy, planning and implementation and that they are not major issues of principle or conceptual problems within the report, it may be true in terms of those who participated but, as the IFP, we would argue that there is conflict over the shape and form of local government in so far as it deals with traditional communities. It is a fundamental schism between the parties that is the foundational conflict but, other than that, we would like to say that the report is very good and we endorse it.

Mr A G LYLE: Comrade Deputy Speaker, I would like to congratulate our Chairperson, Comrade Carrim, for a job well done in honing this collective effort into a fine and instructive report. To my comrades, hon B J Nobunga and Sithole Mshudulu, thank you for your excellent companionship and outstanding leadership qualities during our visits to the various municipalities.

Financial issues constitute the biggest challenge confronting municipalities. Clearly, there is a need for a new financial system for the new model of developmental local government. A review of the financial system is being dealt with by the major stakeholders. In the main issues to be reviewed are the equitable share formula; REC levies; capacity-building grants; infrastructure transfers; property rates; the fiscal powers and functions of district councils and municipalities, and the remunerations of councillors and municipal managers.

The Local Government: Municipal Finance Management Bill and Property Rates Bill before Parliament will have a significant impact on the new financial system of local government. Most municipalities have a credit control and debt collection policy. A significant number of municipalities are not yet billing everybody using services, as they are still gathering information on residents and do not have proper billing systems in place.

Some new municipalities which are a composite of former municipalities still have to merge their systems into one. Several municipalities lack suitably qualified personnel to improve their billing systems. For want of capacity, several municipalities have begun to outsource debt collection and have found this to be an effective tool. Some municipalities have introduced incentive schemes to encourage residents to pay. This has had a measure of success. The introduction of free basic service has been misconstrued by some residents and thus served to discourage payment for services.

Where municipalities have conducted public meetings on the need to pay for services, reasonable progress has been made. One municipality increased payment levels from 65% to 94% in a year and moved the municipality from a deficit to a surplus of R400 000. From records compiled by municipalities, it is clear that there are residents who have the means of paying, but refuse to do so. Many municipalities complain that national and mainly provincial Governments constantly fail to pay for rates and services and for agencies’ functions fulfilled on their behalf.

Municipalities also stated that they had to bear the administrative costs of housing delivery. It has been mentioned by one speaker before. One municipality said it was owed R400 000 000 by national and provincial Government. Another said it was owed R150 000 000 by provincial government, and yet another was owed over R25 000 000 by the provincial government. To this end, one councillor said:

It is not ethical for government departments not to pay. They should be leading by example.

Several municipalities complained that public servants are not paying their personal services or rates. However, the municipalities continue to bill them and expect payment to be made. Most municipalities acknowledge that the percentage of the budget allocated to capital expenditure is far from adequate and the salaries constitute too high a percentage of their budgets. However, there has been an improvement in this regard and a greater percentage of the budget has been directed towards capital expenditure over the past two years. The vast majority of municipalities have said that the equitable share is not adequate. The portfolio committee believes that the municipalities have to make far more effective and productive use of their limited resources that they have. Debt collection must be intensified towards those that can pay, in particular, the private sector, the other spheres of government and public servants. However, if the new system of local government is going to be effectively implemented and municipalities are to fulfil their constitutional mandate, national and provincial Government will have to allocate more money, resources and other forms of support to local government.

The Local Government: Municipal Finance Management Bill must become an effective tool in the management of municipal finances. Some municipalities are simply not viable unless drastic action is taken. The Demarcation Board might well have to consider the boundaries of some of these municipalities. The general dissatisfaction with REC levies demands a new need to review them. Municipalities need to be more informed about the financial implications for themselves in the restructuring of the electricity industry. Local government should make greater efforts to reduce costs on personnel expenditure and redirect these limited resources to capital expenditure.

Finally, the review of local government financial systems needs to be speeded up. A new financial dispensation commensurate with the new developmental model of local government has to be finalised. Thank you. [Applause.]

Mrs R M SOUTHGATE: Deputy Chairperson and Deputy Minister, the report highlights the need for intervention by national and provincial Government and other stakeholders to assist municipalities to improve their administrative functions. A number of key problems have been identified.

There is slow progress in creating an updated database of information and billing systems of residences within municipalities. Performance audits from municipal managers and senior managers cannot be recorded, as some municipalities have failed to conclude appropriate performance contracts. There are also major problems that exist between local municipalities and districts with regard to the division of powers and functions.

Although Government requires that municipalities adopt a developmental approach, national and provincial Governments are slow in spelling out the plans they want local municipalities to engage in within the framework of the Integrated Development Plan. Financially, municipalities have to contend with how to manage their budgetary allowance within the sphere of their duties and meet the requirements of free basic services.

One of the downsides, though, of this provision of free basic services, is that it impacts on other services. Where there are arrears in payment of certain services, the community expects municipalities to write off arrears.

Provincial governments have been accused of fiscal dumping, which exacerbates municipalities’ expenditure capacity. Lots of money is owed to municipalities by Government, public servants and the private sector. This adds to the municipalities’ inability to exercise their responsibilities more appropriately.

Ward committees are the foundation of good democracy. However, due to a lack of policy direction, many ward committees are either incapacitated or defunct due to internal strife. Municipalities need to do everything in their power to build up communities’ capacities in their regions.

The ACDP feels that the visit has vindicated its position that the powers and functions of councils will be reduced if we have a large top-down structure. The mayoral executive committee must be scrapped. We need to reassess the two-tier system and, may I add, the ANC council has asked for a review on this. In fact, they said it shouldn’t even be there at all.

There is open conflict between district and local communities, and they are in constant battle. These are some of the hindrances to effective local government, and the sooner we can iron out the problems of a bloated hierarchy, the better it will be for municipalities to concern themselves with direct local issues. Thank you, Mr Chair.

[Time expired.]

Rev A D GOOSEN: Thank you, Deputy Chair. I will be speaking on integrated governance and planning.

The compilation of the IDPs, which is the Integrated Development Plans, by municipalities, was of paramount importance to us, especially since priorities were going to be set by it and because it was going to be the basis for service delivery.

Needless to say, virtually most of the municipalities we visited had completed their IDPs, but due to the time constraints placed on them, they had to sacrifice quality for quantity. However, many of them vowed to improve on their IDPs in their annual review.

I must add that the IDPs were of great importance to municipalities and many of them were enthusiastic about the process of compiling them, while some said it was a worthwhile experience because councillors had to work in close proximity with officials in order to ensure a good product.

Most municipalities used IDPs structures to oversee the process, with councillors and officials playing an important part. Other municipalities drew stakeholders to meetings while others had workshops, public meetings, ward committees or a mixture of these. There are municipalities that held a whole range of meetings that were very well attended.

The IDP process was much more of a challenge to district councils though, especially since they had no ward committees and, therefore, had to find alternative means of ensuring community participation.

We have no idea of what the effect of consultation was because, in some instances, it was said that communities merely had to endorse the final product whereas, in other instances, communities were part of the entire process.

In some instances, communities had very high expectations which the municipalities knew were unachievable, because they would not be able to deliver on those demands. The difficulty that municipalities encountered was to balance the priorities or targets with practical and realisable plans, taking into account the availability of funds, resources, capacity as well as the extent to which both provincial and national Governments would co-operate.

We found that many municipalities made extensive use of consultants. Many municipalities were aware of the shortcomings of using consultants because they had to draw on their services in ways that were optimally beneficial to them.

As far as IDPs and budgets are concerned, we found that many municipalities could not link the two adequately. In some instances, we found that the budget was drawn up and that the IDP, so to say, was patched onto the budget.

Some municipalities mentioned that the linking of the two was difficult because provincial and national Governments do not allow funds for priorities identified by the IDP. Other complaints that municipalities shared with us included the following. The IDP is approved by the MEC, whereas the budget is referred to the National Treasury, thus posing problems for both provincial and national Governments to ensure that municipalities align their IDPs, and budgets. The provincial and the national Governments ignore the IDPs and their spheres do not spell out what their plan was for the area in which the municipalities have jurisdiction. Both provincial and national Governments have programmes and projects that are inconsistent with municipalities’ IDP priorities. They said that provincial departments have their own priorities, and municipalities are, so to say, pushed in that direction. They don’t consult municipalities and they do what they like. Parastatals, likewise, do not take the IDP seriously.

Many municipalities would like to see provincial IDPs or general development plans and municipal IDPs complementing each other, and a national IDP or general development plan to see the light of day.

The provincial departments we visited said that the Department of Provincial and Local Government and other national departments directly allocate funds to municipalities, thus bypassing them and, in the process, making their task of monitoring municipalities more difficult. [Applause.]

[Time expired.]

Mnr P J GROENEWALD: Geagte Voorsitter, op bladsy 22 van die verslag staan die volgende: ``Financial issues certainly constitute the biggest challenge confronting municipalities’’. Dis die kern van hierdie verslag. Die grootste bron van inkomste vir plaaslike regering is juis dienstegelde. In die verslag self word gemeld dat die agterstallige dienstegelde in Desember verlede jaar alreeds R24,3 miljard beloop het. Dit is meer as die verdedigingsbegroting.

Die afgelope 10 jaar waarsku die VF dat agterstallige dienstegelde plaaslike regering op sy knieë gaan dwing. Elke keer sê die Minister daar word gekyk na die probleem, maar die VF verstaan nie die probleem nie, want apartheid het swart plaaslike regerings in die skuld gedompel. Die werklikheid is dat swart plaaslike regerings se skuld in 1993 en 1994 volgens ‘n ooreenkoms tussen mnr Mandela en mnr F W de Klerk afgeskryf is.

Die verslag self meld dat die meeste munisipaliteite ‘n invorderingsbeleid het, maar dit nie toepas nie. Dit is die werklike probleem: die onvermoë om ‘n beleid uit te voer en toe te pas. Intussen verdien munisipale bestuurders astronomiese salarisse. In Nketwana in die Oos-Vrystaat, ‘n klein dorpie met 14 751 huishoudings, verdien die munisipale bestuurder R400 000 per jaar. Ses departementshoofde verdien elk R300 827 per jaar.

Die gemeenskap kan nouliks sulke amptenare bekostig. In plaas daarvan dat die Regering aandag gee aan die hoë salarisse en onvermoë van munisipale bestuurders om onder meer agterstallige dienstegelde in te vorder, beraam hy allerhande ander planne om vuisvoos belastingbetalers nog meer te belas. Dit gaan nie help om hierdie mense meer te belas nie. Daar sal ernstig gekyk moet word na maniere hoe om hierdie dienstegelde in te vorder. Dit help nie ‘n mens het amptenare wat hoë salarisse kry, maar nie hulle werk doen nie. As die agterstallige dienstegelde nie ingevorder word nie, sê ek vir u is plaaslike regering gedoem. Dankie. (Translation of Afrikaans speech follows.)

[Mr P J GROENEWALD: Chairperson, on page 22 of the report the following appears: ``Financial issues certainly constitute the biggest challenge confronting municipalities’’. That is the crux of this report. The largest source of income for local government is indeed service charges. In the report it is mentioned that in December last year outstanding service charges already amounted to R24,3 billion. That is more than the defence budget.

Over the past ten years the FF has warned that outstanding service charges will bring local government to its knees. Every time the Minister says that the problem is being looked at, but the FF does not understand the problem, since apartheid plunged black local governments into debt. In reality, the debt of black local governments was written off during 1993 and 1994 as a result of an agreement between Mr Mandela and Mr F W De Klerk.

The report itself mentions that most municipalities have a debt collection policy, but it is not applied. That is the real problem: the inability to execute and apply a policy. In the meantime, municipal managers earn astronomical salaries. In Nketwana in the Eastern Free State, a small town with 14 751 households, the municipal manager earns R400 000 per year. Six department heads each earn R300 287 per year. The community can hardly afford such officials. Instead of Government paying attention to these high salaries and the inability of municipal managers to collect outstanding service charges, amongst other things, they are making all kinds of plans to tax punch-drunk taxpayers even more. It will not help to tax these people more.

A serious look will have to be taken at ways in which to collect those outstanding debts. It does not help us to have officials who receive high salaries, but who do not do their work. If these outstanding service charges are not collected, then, I am telling you, local government will be doomed. Thank you.]

Mong B M KOMPHELA: Modulasetulo le maloko a Palamente a kgethehileng, le nna ke batla hore re tshwaele leetong lena la rona la diprofensi, moo re neng re ilo bona makgotla a metse hore na a ntse a sebetsa ka tsela e jwang. Empa, ho tlisa diphetoho makgotleng a metse ke ntho ya bohlokwa- hlokwa haholo, e leng teng, e batlehang ka hare ho Molaotheo wa naha ena ya rona. Empa, hore ho tliswe diphetoho ka hara makgotla a metse, bommasepala ba tlamehile hore ba tlise ditshebeletso tseno moo batho ba leng teng.

Ntlha ya bohlokwa ke teko ena ya bommasepala bana ba batjha, ba qetang ho thehwa ka selemo sa 2000. Ha ba eso be le dilemo tse ka bang hlano kapa tse tharo. Ke bommasepela ba batjha, ba sa ntseng ba le bannyane, mme boiteko boo ba bo entseng le karolo eo ba e bapetseng ho fihlela ha kana, ke eo rona kaofela re ka reng re ithabise ka yona, re ba babatse hore ba tsamaya ka tsela e ntle, empa re sa hane hore ho na le moo ho nang le makukuno teng. Ba kgethile tema e bonahalang, bommasepala. Empa ho phetha taba tseno, ho hlokahala dintho tsa bohlokwa.

Phephetso e kgolo e teng ka hara bommasepala, ke hore bommasepala bongata ho ile ha bonahala hore ha ba eso ka ba eba le boiphihlelo, bonono le bokgoni ba hore diphethoho tsena di potlake ka tsela efeng. Empa, ha o sheba ka leihlo le ntjhotjho, o tla bona, ntate Mulder, hore ho na le maiteko a makatsang a teng, eseng hore ba tlohetse fela hore dintho di putlame.

Mongaka, ntumelle ke bontshe hore ho na le mathata a kang afe. Makgotla a metse a lla, a re ho Mmuso o bohareng a kopa thuso, le diprofensing a kopa thuso, mme ha fela Mmuso o bohareng le diprofensi di ka tshwanela hore di thuse bommasepala, re nahana hore bommasepala ba tla etsa tema ya bohlokwa, ba tla kgona hore ba tlise ditshebeletso tsena mme ba etse hore batho ba fumane ditshebeletso tsa mantlha.

Ntlha e nngwe ya bohlokwa ke ena: Ho bonahetse hore ho na le mathata, mme ha eba ho tlameha hore ho be le pherekano le twantshano e bang teng ho bommasepala, Mmuso o fana ka 6kw tsa metsi. Batho ba rona ba fumana metsi mme bommasepala ba leka ka hohle-hohle, kaofela ha bona, hore ditshebeletso tsena di fumanehe.

Empa, ere ke bontshe hore na ho na le bothata bo kang bofe. Ha batho ba le polasing ya lekgowa e praefete, bommasepala ba etsa jwang hore batho bao ba tle ba fumane metsi? Hobane lekgowa leno kapa monga sebaka seno ha a sa batle, ka ha tulo eo e le ya praefete, ha ho na ka mokgwa oo bommasepala ba ka kgonang hore ba ka fana ka ditshebeletso tsa mantlha mono ka teng.

Taba e nngwe ya bohlokwa ke hore, bommasepala ba na le bothata ba hore ho na le ditshebeletso tse pedi tse fanwang ka hare ho tikoloho ya mmasepala. Eskom, ke a kgolwa e se e ruruhile hlooho, e tlamehile hore e fane ka ditshebeletso tsena, empa o tla fumana hore moo Eskom e fanang ka ditshebeletso teng mme le mmasepala a fana ka ditshebeletso teng, batho ba mono ba tsitsipane mme ho na le dintwa hobane ka nqa yane ho seterata batho ba bang ha ba fumane ditshebeletso tsena tsa mahala tsa mantlha, hobane Eskom e re e keke ya ba neha. Empa taba eno ha e ye ka hore na Eskom e a batla kapa ha e batle. Eskom ke karolo ya Mmuso ona wa rona mme Eskom ke ya rona. E tlamehile ho phethisa ditabatabelo tseno.

Ntlha e nngwe ya bohlokwa eo re batlang hore re bue ka yona ke ya hore ho na le bothata ka ntho ena eo, ka sejatlhapi, re e bitsang equitable share''. Bommasepala ba re na ha eba ba ne ba tlamehile hore ba fumane tjhelete ena, e arotswe ka tsela e jwang, mme ho sebedisitswe manane afe hore ho bonahale hore bommasepala ba tlamehile ho fumana tjhelete ena ya bona e bitswangequitable share’’?

Ha eba diphuputso tsa bona le dintlha tsa bona e le tsa bo-1996, ka tsela e jwalo bommasepala ba na le hona hore ba ka ba le lehonono hore ditshebeletso tsena le tjhelete ena ha di fanwe ka tsela ya teka-tekano ka baka la hobane ho sebediswa manane a kekeng a dumella hore bommasepala ba sokolang ba tle ba fumane tjhelete ena.

Morero wa rona, jwalo ka ANC, e ne e le hore bommasepala ba nang le bokgoni ba tle ba kgone ho thusa bana ba senang bokgoni, mme bommasepala ba nang le ditshebeletso tsa mantlha tseo ba kgonang ho fana ka tsona, ba tle ba kgone ho di fa batho ba bang. Empa ke batla hore ke bolele hore mmasepaleng e mong eo re ileng ra fihla ho yona, batho ba re: Re ka nna ra kgona hore re fe batho ba dipolasing ditshebeletso tsa mantlha, empa bothata ba rona ke hore fela ha eba re tshwanetse ho fa batho ditshebeletso tsa mantlha tsa mahala, rona jwalo ka bommasepala, re ka nna ra e kgona ntho eno, empa ho thata haholo hore re ka fa batho … [Ditlatse.] [Nako e fedile.] (Translation of Sotho speech follows.)

[Mr B M KOMPHELA: Chairperson and hon members of Parliament, I would also like to say something about our trip to the provinces where we went to study the work done by the municipalities. Bringing changes to municipalities is something very important in the Constitution of our country. However, in order to bring about those changes, the municipalities have to bring services to the people.

The important thing is the trial of these new municipalities which have been working only since the year 2000. They have not worked for five, or even three years yet. They are still without much experience, and the work they have done so far calls for us to be happy for them and to applaud them for their good work. Yet, we do agree that there are still some problems. They have made some good progress, but some important aspects are still needed to finalise matters.

The one big challenge that they are facing is that most municipalities are still inexperienced, imperfect and unable to speed up the changes. However, if you really look objectively, you will notice, Mr Mulder, that they have made an amazing effort. They have not just welcomed defeat.

Chairperson, allow me to point out the difficulties that they are faced with. Municipalities are crying out for help from the national Government and provinces. We do believe that municipalities would achieve a lot if the provinces and national Government would help them out. They would be able to bring services to the people and thus enable people to get basic services.

Another important thing is that there seem to be some problems, and if there is any disharmony and disagreement in municipalities, Government will give 6kl of water to the people. Our people do get water and municipalities try very hard to make sure that people get these basic services.

However, let me explain the kinds of problems that we have. When people are on a private farm that belongs to a white man, how do municipalities manage to ensure that these people get water? Because if the white person or the owner of that farm does not allow it, there is no way that the municipalities can give basic services there, because it is a private place.

Another important thing is that municipalities have a problem because there are two basic services that are given to people within a municipality. I am sure that Eskom is now getting big-headed. It has to give basic services to the people, but one will notice that in places where Eskom and municipalities both give their services to the people, there is tension and people fight because one will find that some people on one side of the street do not get these free services while others on the other side do get them, because Eskom refuses to give people these free services. It should not be up to Eskom to agree or to disagree. Eskom is part of our Government and Eskom belongs to us. It must provide those services.

Another important thing that I would like us to talk about is that there is a problem with what is called ``equitable share’’ in English. Municipalities would like to know how these funds would be divided and what criteria would be used to determine whether or not they would get the funds.

If the criteria used are the ones which were used in 1996, then the municipalities have a reason to express dissatisfaction because these funds are not distributed equally, because the criteria used do not allow struggling municipalities to get the funds.

Our intention, as the ANC, is that the stronger and able municipalities should help the weaker and struggling municipalities, and those municipalities which have basic services to offer should make them available to the people.

I would also like to tell you about this one municipality that we visited, where we were told that they can give basic services to the people living on farms. However, the only problem is that if they have to give those services for free, they can do so, but it would be difficult to give people … [Time expired.] [Applause.]]

Mr I S MFUNDISI: Chairperson and hon members, the wall-to-wall system of municipalities has called into action the need for closer working relations amongst stakeholders. It is necessary that the ward committees, councillors, district and local councils work closely together to make a success of local governance.

The report sets out clearly in paragraph 16(3) that, and I quote:

All who commented on cross-boundary municipalities said that they are not viable.

This is contrary to the view held by the Ministry in its answer to a question on this matter earlier this year. We hope that the Presidential Task Team, set to look into this matter and which is supposed to report in July will do so, and that decisive action will be taken to remove this grey area in local government.

It has come to light that very few women are in positions of responsibility in the employment of municipalities. This skewed position needs to be set right.

The unresolved role and status of traditional leaders in municipal councils keeps surfacing like a sore finger on an otherwise healthy palm. Some are reported to be co-operating, some are acquiescing whilst others are nonchalant about the matter. In some municipalities, those who serve are not even remunerated while in others they are. Surely this needs to be resolved as a matter of urgency.

This report gives a bird’s eye view of what is happening in the country in local governance. It has proved to be invaluable reading material. Finally, great thanks should go to the committee members who traversed the whole country by visiting all nine provinces in one-and-a-half weeks. It is only dedicated people who can do something like that. We pray much for their strength and beg that the report not be left on the shelves to gather dust.

The UCDP endorses the report. [Applause.]

Miss S RAJBALLY: Chairperson, with the first democratic election, we took on a three-tier system of governance, namely national, provincial and local government, where each operated independently of the other so as to prevent power being saturated into one body and to maintain a system of checks and balances.

Demarcation of power and procedures outlined by the national Constitution governs the supreme law. The three tiers have thus far managed to uphold a good working relationship.

The visits to the provincial and local government are not only to check on the maintenance of these relationships, but to ensure that the plan prescribed in structures and procedures for these government bodies are upheld. The establishment of new amalgamated municipal structures appears to be satisfactory and the functioning of councils, though exhibiting constant activity, requires more. Clarity is required, though, on a number of issues such as the roles of persons in authority and so on. The MF hopes that this will be worked through.

There appears to be a bit of tension between permanent and part-time councillors that needs to be eradicated, and in the relationships between councillors and senior management. The MF notes the problem of clarity with the division of power and functions between district and local municipalities, and sees the need for legislation to clarify this. It is pleasing to note that almost all municipalities have completed their Integrated Development Plans with room for improvement. In view of linking IDP’s and budgets, it would help provincial and national Government to allocate money specifically, rather than in the ad hoc manner that it does.

The MF notes that financial issues are a major challenge to municipalities and requests that national and provincial Government make the necessary payments owing. It is pleasing to note community participation in the municipalities and the increase in service delivery such as free services.

The MF congratulates the chairperson on a comprehensive report, and endorses it. [Time expired.] [Applause.]

Mr J J KGARIMETSA: Chairperson, hon Ministers and hon members.

La me ke go simolola ka borre dikgosi gore re tle re ikokotlele mmogo ka le tsola-tshipi. Gore gape ke bue ka SALGA jaaka mogapatiro mo Pegong e ke tlileng go neelana ka yona fa. [Mine is to start with our chiefs so that we can lean on one another. I will speak about Salga like a director of proceedings in the report that I will present.]

Like people elsewhere in the country and in the rest of the world, our people in these areas are entitled to a better life. The ideology of development, therefore, is but a matter of simultaneous South Africanisation and globalisation. When the institution of traditional leadership embraces it, that act alone opens space for engagement with people’s problems and with directed change.

On 5 December this year, our new system of local government will be three years old. Whereas the majority of the rural population were excluded and peripheralised from the developmental considerations, the new local government system guaranteed them institutional inclusion.

Our conception of local government is that of an engine which powers the process of development. This is a daunting challenge which can be lighter if, and only if, it is shared. With regard to the report on the visit which the committee undertook to various provinces on study tours of different municipalities, the role of traditional leaders in local government is, of course, subject to dispute and is being reviewed at the moment.

In some municipalities, particularly in one province, traditional leaders do participate in council meetings or other municipal activities. In other municipalities, traditional leaders are active in council meetings and other municipal affairs. And, in yet other municipalities, while traditional leaders do not officially participate in council meetings, they are informally active in municipal affairs. It is difficult to tell how representative the municipalities we visited are of the participation of traditional leaders in municipalities in the country as a whole. However, in a significant majority of the municipalities in our study tour, traditional leaders are either officially or informally active in municipal affairs.

In one municipality, traditional leaders have signed a memorandum of understanding with the council and work closely with councillors and officials on development issues. The traditional leaders in that municipality have been raising R10 per household per month for the municipality for development projects. An amount of R600 000 was raised in the previous year. A report on municipalities notes, and I quote:

There are two areas under our jurisdiction with traditional leaders. The municipalities are working closely with them. Council meetings have been held in their areas and traditional leaders have been assisted with the provision of offices.

A report on another municipality notes that, and I quote:

Participation of traditional leaders in municipalities is good. Traditional authorities are involved in all projects that take place in their areas. There is a constant attempt to better manage and improve on the relationship between traditional leadership and council, and the need for more regular participation of traditional authorities must be looked at. Several interactive meetings have been held with traditional leadership. Outstanding legislation for participation of traditional leaders is delaying delivery and slowing full participation in the council.

In the case of yet another municipality, a report notes that three areas of traditional leadership exist. All three leaders are participating in the council and all its proceedings. Regular meetings are held with the regional authority on traditional leadership. Traditional leaders should participate more actively in municipalities with a clear understanding of distinctive roles. Several municipalities said that it was important to finalise policies on the role of traditional leaders in local government. A traditional leader who is active in a municipal council expressed his frustration at what he saw as a failure to address the concerns of traditional leaders. [Time expired.][Applause.] Mr C AUCAMP: Mnr die Voorsitter, soos ‘n refrein klink dit deur hierdie rapport: beperkte middele … [Mr Chairman, like a refrain it echoes through this report: limited resources …]

In section 17.9 of the report, it is stated, and I quote:

Financial issues certainly constitute the biggest challenge confronting municipalities. Municipalities have to make far more effective and productive use of limited resources.

The question is: Are resources really limited? If one looks at the mammoth amount of R25 billion that is owed as outstanding debt to municipalities, it is rather the utilisation of the resources that is lacking. Financial management in essence means maximising income, minimising expenditure and maximising effectivity.

Om die inkomste van plaaslike owerhede te verhoog, moet hierdie enorme skuld van debiteure aangespreek word. Die rapport gee nie ‘n blyk van genoegsame finansiële beheermeganismes nie. Te dikwels word nie-betaling as ‘n soort demokratiese kultuur bejeën.

Wat die uitgawe betref: kan plaaslike owerhede werklik die enorme bedrae bekostig wat nodig is vir die sinnelose naamsveranderinge van dorpe, strate, plekke en sentrums? Verder moet salarisse van munisipale bestuurders en direkteure beperk word. Die soustrein loop op die plaaslike vlak. Talle van hulle verdien meer as Ministers. Minister Manuel het hierdie saak in sy begrotingsrede aangespreek. Dit is nou tyd vir aksie.

Wat u verslag nie reflekteer nie: Salarisbegrotings van plaaslike owerhede beloop in baie gevalle tussen 40% en 50%. Indien die koste van elektrisiteit, water en onderhoud bygevoeg word, bly slegs 5% oor vir die allernoodsaaklikste kapitale projekte. Daarmee saam het effektiwiteit in die hek geduik met die onoordeelkundige afleggings en uitdiensstellings in die naam van regstellende aksie. U verslag sê:

There is an urgent overall need to improve management and practical implementation skills of councillors and officials.

Geen wonder nie. Daar is munisipaliteite waar tot 67% van sy topamptenare ``tereggestel’’, of te wel geforseer is om aftreepakkette te neem. Talle blanke bestuurders moet vrugteloos aansoek doen vir hule eie poste. Daarbenewens is daar effektief ‘n plafon op bevordering vir werkers uit die nie-aangewese kategorieë wat alle inisiatief demp.

Miskien hoef ons nie te ver te soek nie. Die hoofsom van u rapport is eenvoudig: ``Back to basics’’. (Translation of Afrikaans paragaphs follows.)

[To increase the income of local authorities this enormous debt of debtors must be addressed. The report does not give an indication of adequate financial control mechanisms. Nonpayment is too often considered as a type of democratic culture.

As far as the expenditure is concerned, can local authorities really afford the enormous amounts that are required for the senseless changes in names of towns, streets, places and centres? Furthermore, salaries of municipal managers and directors must be limited. The gravy train is running at the local level. Many of them earn more then Ministers. Minister Manuel addressed this issue in his Budget speech. It is now time for action.

What your report does not reflect: Salary budgets of local authorities are in many cases 40% to 50%. If the costs of electricity, water and maintenance are added, a mere 5% remains for the all-important capital projects. In association with that, effectiveness has taken a nosedive with the ill-considered retrenchments and dismissals in the name of affirmative action. Your report goes:

There is an urgent overall need to improve management and practical implication skills of councillors and officials.

This is no wonder. There are municipalities where up to 67% of the top officials have been ``executed’’ or forced to take retirement packages. Many white managers must apply in vain for their own posts. Apart from that, there is effectively a ceiling on the promotion of workers in the nondesignated categories, which dampens all initiative.

Perhaps we do not have to look far. The main point of the report is simply: Back to basics.]

Mr W P DOMAN: Deputy Chair, it is of paramount importance that we as legislators through visits like these experience first-hand the effect of legislation in practice. We must then be bold enough to effect the changes necessary to rectify mistakes or improve the situation where unexpected consequences resulted. In my presentation I want to concentrate on what we must do and what the Ministry and the department must do.

Firstly, the highest praise must be given to hon Yunus Carrim, not only for the excellent report he drew up, but also for his leadership in our group, where he ensured that discussions were frank. He also allowed members of the opposition in the group and in the councils to participate fully. He made it possible that we, as a group, could set an example to the councillors as to how they should work together, despite different views on certain matters.

In quite a number of successful councils this working together was a noticeable trend. And closely linked to this was an appropriate relationship between councillors and officials, where the former did not unduly interfere and issue unreasonable instructions, and the latter served all councillors equally.

This relationship will have to be defined more clearly and given practical implementation. Planning-implementation-management systems, (PIMS), centres are a brainchild of the department in order to strengthen the capacity of weaker municipalities, especially in the nodal areas. This is a total failure and a waste of millions of rands.

It was ludicrous, in the first instance, to expect of a municipal manager and his staff to take much notice of a PIMS centre of three people, with no or an average knowledge of local government, to assist them with highly diverse administration systems.

To the Deputy Minister I want to say, please scrap this initiative immediately, and use the money to subsidise two or three positions in finance and personnel management, where the municipalities really need assistance. Let them appoint those people, but with your department’s specifications to ensure that people who are appointed can really make a difference.

On finance, we must be concerned that municipalities try to balance their budgets with exorbitant rates and tax hikes that the average ratepayer cannot afford and with no consideration for the national economy. The percentages for capital expenditure at almost all municipalities are very small and totally inadequate for the necessary growth the economy needs.

Deputy Minister, you will have to ensure that the Government’s unfortunate restructuring of the electricity industry will not totally destroy municipalities’ income base. You and your department will also have to ensure that the equitable share sufficiently covers the free basic services, because municipalities are actually acting as agents of the national Government in this regard. Furthermore, an alternative for RSC levies should also be found very soon.

It is clear from the visit that the training of councillors and officials is a shambles. Not only has the Local Government and Water Seta delivered almost nothing, but municipalities are totally confused about what they should expect from the DPLG, provincial departments, Salga and other stakeholders.

Regarding capacity building and training programmes, we endorse the report’s urgent call for more effective co-ordination and co-operation within a commonly accepted framework. We applaud the efforts of the portfolio committee, which last week started to rectify the situation, but this should really be done by the DPLG. This ties in with the total uncertainty we encountered regarding the role that provincial and local government departments and Salga should play.

Our submission is that the DPLG should allow provinces to play their constitutional role of monitoring, supporting and promoting the capacity, instead of trying to deal with councils directly. The Intergovernmental Relations Bill should be fast-tracked to address this relationship.

Apart from the important role as a central bargaining organisation, it seems as if councils will lose very little if Salga disappears. Do we really need Salga to fulfil all the roles it is currently trying to fulfil? Is the R98 million that Salga is collecting in the form of levies, from ratepayers actually, apart from what the Parliament also votes for them, well spent? Is there enough accountability within Salga to councils, to the public or to this Parliament?

In conclusion, all the good aspects and problems we encountered about ward committees makes one asks this central question: Is it necessary to legislate for structures to which councillors must account? Should it not be left to civil society to organise itself at this level?

Hon MEMBERS: Yes!

Mr W P DOMAN: Shouldn’t we only require from councillors to account quarterly and leave it at that? We have not, through legislation, set up structures to which we as parliamentarians account or to whom school governing bodies must account …

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

Mr W P DOMAN: Thank you very much. [Applause.]

Mnu B M SOLO: Mhlalingaphambili, siza kuyilungisa kancinci. [Deputy Chairperson, we are going to correct it a little bit.]

Deputy Chairperson, hon Deputy Minister Ntombazana Botha, hon members, much has been said with regard to the municipal visits and the report thereon. We have made our observation on the basis of what we heard and saw, as has been indicated by the various speakers here. In line, of course, with our resolve, we say: The people shall govern. Therefore municipalities are actually built along those lines.

For the purpose of this debate, I’d like to share more on community participation and on provinces. As you would know, municipalities have a direct relationship with provinces. It therefore becomes correct to say that provinces should be seen in a particular way, just as communities are to municipalities.

Chapter 2, section 2(ii) of the Local Government: Municipal Systems Act has a specific definition of municipalities. Municipalities serve the interests and run programmes of the community. If then the community does not play its role, what would inform municipalities? In short, we have to look at community participation as a critical component of the municipality, as spelt out in Chapter 4 of the same Act.

Esikubonileyo thina, esikungqinayo nesikuvileyo kukuba oomasipala banazo zonke ezi ziseko, kwaye siyafumanisa ukuba uluntu luyayithabatha inxaxheba yalo, nto leyo esiyikhuthazayo. Kwanga oko kungaqhubela phambili.

Uninzi lwaba masipala basebenzisa kakhulu le nto siyibiza ngokuba ziikomiti zeewadi. Abanye banamaphulo, afana nokuba oosodolophu bathethe nabantu, njalo njalo. Njengokuba sele nditshilo, nabantu banayo inxaxheba abathi bayithabathe ngokuthi bakhuthaze aba masipala ukuba benze umsebenzi wabo.

Kukho nto ekhe yavezwa ngomnye umasipala, ethi abantu beza nje nee-wish list. Kuyasivuyisa ke oko ngoba sifumanisa ukuba ngenene abantu bayile, bayitsho le nto bayifunayo. Kodwa singathanda ukutsho kumagosa ukuba nawo mawabhinqele phezulu, azimamele izinto ezithethwa ngabantu, angacingi ukuba beza nee-wish list kuba ezo ziimfuno zabantu ngale ndlela bafuna ukuzibona zisenzeka ngayo.

Andizi kuba mde kakhulu, ndiza kuba mfutshane, kuba ingxelo ikubeka elubala ukuba kusekho iingxaki apha naphaya. Ezo ke thina sizibona njengeengxakana zokukhula, izinto ezingalungiswa ngokuhamba kwexesha.

Ngoko kuyafumaniseka ukuba ngokwenene le ndlela nale nkqubo intsha ikhoyo yoomasipala noko izinzile, ifikile ebantwini. Ekufuneka sikwenze thina kukukhuthaza nokuqinisekisa ukuba sithabatha inxaxheba.

Kukhona ekukhe kwatshiwo ngamanye amalungu, ngakumbi udade wethu uSouthgate, othe makupheliswe inkqubo yoosodolophu abaziwa njengee- executive mayor neekomiti zoosodolophu. Masilungise le ndawana, ayizo komiti ezilawulayo, ziikomiti zoosodolophu, ukuze xa sifunda isilungu esi, sisiqonde.

Kwakhona, eli lungu lithi masiphelise amabhunga ezithili. Andazi ke kuba le nto ikuMgaqo-siseko. Kwaye kwinkomfa ye-ANC ebikho kunyaka ophelileyo ooceba baye bawavuma amabhunga ezithili. Mhlawumbi kufuneka aqonde ukuba kungani kukho amabhunga ezithili. Andifuni kungena kakhulu ke kulo mba kuba eli lungu lisekomitini, lilo ebakufanele ukuba libe liyazi ngcono le nto. Liyazi ukuba kukho oomasipala abangenakholo lokuba bazimele, nangona kudala bekho. Ngenxa yokuba sifuna ukugqala, siphuhlise abo masipala ze sabelane ngeziseko nezimvo, kancinane nje, sinoomasipala bezithili.

UTata uDoman uyandothusa. Kodwa ke andimangali kuba naku sele elishiyile elinye iqela waya kungena phaya. Ngathi akayanga yokwakha phaya, uye kumosha. EbeliLungu lesiGqeba esiLawulayo eNtshona Koloni. Bayakhala phaya eGeorge ngoba yena woyisakala ukuqinisekisa ukuba amasebe, ngakumbi iSebe lezeMpilo ebebeliphethe nela lakhe, ayazihlawulela iinkonzo zikamasipala kwaneerhafu. Zange enze nto ngoko. Wavela nje wabukela abantu bakuthi bezihluphekela.

Esikonwabeleyo, ngakumbi eNtshona Koloni, kukuba sifumane amagosa esithi: ``Le nkqubo nize nayo, thina siyayibona, intle kakhulu.’’ Ngaphandle nje kwala masipala wabo wase-George. Kodwa umasipala wesithili ucula elinye iculo. Uthi sisebenza kakuhle kakhulu. Kwaye siyambona laa masipala ukuba usadla ngendebe endala.

Zikhona ke izinto ekusafuneka sizilungise, ekungekho kwam ukuba ndiziphendule neziza kuphendulwa nguSekela Mphathiswa. Kodwa ndicinga ukuba sisendleleni ebheka phambili, kwaye siyakhuthala kukubona abantu bethabatha inxaxheba. Singathanda ukubona namalungu ePalamente ethabatha inxaxheba, kwanamanye amaqela ngokunjalo.

Siyabulela kuba amaqela amaninzi ayahambisana nale ngxelo, eyamkela. Iziphene ezikhoyo ezithe zavezwa apha, zikhona kwaye zibhaliwe kule ngxelo ukuze sibone ukuba siyazilungisa. Ezo zinto ke siya kuzilungisa ngokuthi sisebenzisane sisonke ukuze sikwazi ukwakha uMzantsi Afrika olungele wonke umntu, njengoko sisithi: (Translation of isiXhosa paragraphs follows.)

[What we have seen, that which we attest to and what we have heard, is that municipalities do have all the support systems, and we also find that the community also plays its role, which we encourage. My wish is that it will make progress.

Most of these municipalities make use of what we call ``ward committees’’. Others have campaigns like those through which mayors talk to people, etc. As I have said, others also play a part by encouraging these municipalities to do their work.

There was something which was raised by a municipality, to the effect that ``people just bring wish lists’’. That makes us happy because we find that, indeed, people go and state what they want. However, we would like to say to the officials that they, too, must be ready and listen to what people say, and they must not think that people come with wish lists, because those are the needs of the people, and they are also illustrating the manner in which they would like to realise the responses to them.

I am not going to be too long in delivering my speech because the report states clearly that there are problems here and there. We view those as teething problems which can be rectified as time goes by.

The current new procedure of municipalities is indeed found to be stable and has reached the people. What we need to do, is to encourage and to ensure that we participate.

There’s something that was mentioned by members, particularly my sister Southgate, who said that the system of mayors who are referred to as ``executive mayors’’ and the committees of mayors should be scrapped. Let’s correct this small part. They are not committees that rule. They are committees of mayors, so that when we learn the English language we can understand it.

Furthermore, this member says that we must abolish district councils. Then I don’t know, because this is in the Constitution, and at last year’s conference of the ANC councillors accepted district councils. Maybe the member needs to know why there are district councils. I don’t want to delve deeply into that matter, because this is a member who serves on the committee. The member is supposed to be better informed on this matter. The member knows that there are municipalities that do not believe in being independent in spite of being in existence for a long time. As a result of the fact that we want to focus on and develop such municipalities so as to share resources and ideas, just a little bit, we have district councils.

Papa Doman surprises me. However, I am not complaining, because here he is, leaving one party to join the other side. He does not seem to go there for the purpose of building, but to mess things up. He was a member of the executive in the ruling party of the Western Cape. They are complaining in George because he failed to ensure that the departments, particularly health and the one that is his own responsibility, pay for the services of the municipality, as well as their rates. He never did anything about that. He simply admired watching our people experiencing poverty.

What makes us happy, especially in the Western Cape, is that we found officials to whom we say, We can see the procedure which you have come up with. It is very beautiful, except for just that municipality of theirs in George''. However, the district municipality sings a different song. It says:We are working very well, and we see that that municipality still employs primitive methods’’.

There are some things we need to respond to, things that are not part of my responsibility, but will be replied to by the Deputy Minister of Arts, Culture, Science and Technology. However, I think that we are on the road to success, and we are encouraged when we see people participating. We would like to see members of Parliament and other parties participating, as well.

We are grateful because parties are in agreement with this report and accept it. Faults that are there and that have been highlighted here do exist and have been recorded in this report so that we will see to it that we rectify them. We are going to correct those things by way of all of us co-operating so as to be able to build a South Africa that suits everybody, in line with the slogan: ``South Africa belongs to all of us’’. Thank you. [Applause.]]

South Africa belongs to all of us. I thank you. [Applause.]

The DEPUTY MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT: Ek sal hom vertel van die Oos-Kaap en van beter dinge wat nou daar gebeur. [I shall tell him about the Eastern Cape and better things that are happening there now.]

Chairperson, first of all, I would like to say that I have listened very carefully to the comments made by the hon members. The discussion has been very stimulating and thought-provoking, and I would like to thank all the members who participated in this debate today.

The Ministry and the Department for Provincial and Local Government has studied the report and all the comments and the proposals that are made today have been noted and will be considered. Of that I can assure you. This report will greatly enrich the future deliberations around these and other issues that have been raised, at both the political and departmental levels.

I understand that the tour was the first of its kind by the portfolio committee. This was certainly not an easy task. The task that the portfolio committee undertook, as the hon chairperson said, of visiting 41 municipalities and effectively interacting with 2 200 people in 10 days is commendable and we congratulate the committee for a job well done. [Applause.]

It is regrettable, however, that parties such as the NA, hon Cassie, the IFP, the UCDP and the FF have not been able to go on this tour to experience first-hand and understand the challenges that local government faces and to be able to give genuine support in the local government, to be there with the people and support them during this process of transformation. That is regrettable. [Interjections.]

Volgende keer, ja, Cassie. [Next time, yes, Cassie.]

We value the work that has gone into this study of the portfolio committee and we find this very informative and useful. We would also like to thank the parties that took part in the process, especially the municipalities who participated so openly and directly voiced their concerns. The Ministry and the department will do everything they can to ensure that this momentum is sustained and the debates are kept alive.

We would like to express our sincere appreciation to all the members who went on this study tour, and particularly also thank the secretary of the portfolio committee, Mr Llewellyn Brown, who worked so hard. [Applause.]

Once again, the committee has demonstrated the importance of its oversight role and also its commitment to advancing the local government transformation programme. This report has been very encouraging and it strengthens our common purpose and determination to make sure that this new system of local government works.

Now, the Government has in fact been dealing with some of the issues that have been raised. For example, people mentioned municipal finances. Let me say we have been wrestling with those: the provision of free basic services; the functioning of the ward committees; capacity-building and training; the role of traditional leaders; the division of powers and functions between the B’s and the C’s, the district and local municipalities; integrated governance and planning; the role and functioning of Salga; corruption; the delivery of services; and the review and analysis of the impact of local government policies. Unfortunately, we cannot do that today. We cannot give comprehensive responses to all the issues that have been raised. Suffice it to say today that we agree wholeheartedly with the committee’s assertion which appears in 17.2 of the report, which the chairperson mentioned earlier, on what emerges from the study, and I quote:

The challenges of the new system of local government are not around conceptual and policy issues, but implementation issues.

We agree with that. Now, perhaps what I can say is that the findings of this study tour confirm what we have previously discussed in the President’s Co-ordinating Council, and members will remember that we have mentioned it frequently in debates, that we started off by having a workshop on 14 December 2001 where we discussed local government. What came out of that workshop were five strategic objectives, and maybe I should mention those again: building a strong local government sphere and further enhancing its status within a stable co-operative governance framework; building stable institutional and administrative systems of local government; deepening local democracy and accountability; accelerating service delivery and economic development, and building financially viable local government.

Those issues that were raised then are the issues perhaps that municipalities are wrestling with, and we agreed at the PCC on the monitoring and the implementation of these resolutions. Since then, for almost the whole of last year, we have been visiting the provinces and holding workshops in the provinces to try and address these issues. The outcome of those conferences is an action plan based on those five resolutions and this has since been developed.

So, what I am trying to say is that we have been doing something, and I hope that what the hon Doman said about municipalities being totally confused is really not correct. The report does not say that municipalities are totally confused. What is perhaps true is what the hon Solo said. He may be correct when he says that the hon Doman may be totally confused himself.

What I thought was that maybe we should talk about this issue that arose continuously, particularly from the side of the members of the DA, about the powers and functions of the district municipalities as opposed to the local municipalities, and also about whether we do need district municipalities. Maybe I must thank hon Smith for pointing this out. He said they do understand the reason for the existence of district municipalities. I am hoping that in your alliance, hon Smith, between the IFP and DA, you would actually try and explain to the DA why we decided on having district municipalities. [Interjections.]

I hope that the DA will understand that the categorisation of municipalities as local, district and metros is an important feature of our new system of developmental local government. We should not conveniently seek to undermine the legacy of the past, which has left us with gross social and economic inequalities throughout the country. A system which does not take this reality into consideration would be void of realism and acknowledgement of the need for reconstruction and development.

So, whilst there seems to be convergence on the need to develop capacity in municipalities, we should equally recognise the need to build capacity in the district municipalities so they too can play a supportive role.

To the hon Grobler, it is not correct to view the role of provinces as only limited to payment of rates and taxes. [Interjections.] Perhaps we should go back to our Constitution. Provinces represent a sphere of government which is integral to intergovermental planning, budgeting, implementation and monitoring. This is the context within which we are continuing to develop a stable and predictable system of intergovernmental relations. [Interjections.]

Hulle wil mos nie luister nie. Luister asseblief tog. Ons gaan julle ‘n bietjie iets leer. [Tussenwerpsels.] [They do not want to listen. Please listen. We are going to teach you something. [Interjections.]]

In relation to local government, finance and equitable share, as members would be aware, the allocation of resources through the equitable share formula continues to receive vigorous reviewing and interaction annually. We will continue to work closely with the Financial and Fiscal Commission, the FFC, and the Treasury to address these matters of intergovernmental fiscal relations.

Regarding what was raised by the hon Smith about traditional leadership, I am sure that members are aware that our Ministry and Department have conducted extensive consultations on the White Paper, and I think people should reading that White Paper. It is important so that we do not just come here and say things, but I will address that point at another time.

May I also just inform the members regarding the Municipal Infrastructure Grant? You will remember that Cabinet decided to bring all the grants together into what we now call the Municipal Infrastructure Grant. The department has received a mandate from Cabinet to consolidate all these grants by 2005-06. We have already started to implement a pilot programme in this regard, and we will focus on the municipal infrastructure that will facilitate the provision of basic services.

Our particular emphasis, together with the Department of Public Works, will be on labour-intensive construction methods, training and accreditation and on job creation.

In conclusion, I would just like to say that at the core of making local government effective is the issue of community participation and IDPs, and the way ward committees function is important. In June we will be hosting a conference on ward committees. We will invite all MECs on local government, the speakers of municipalities, NGOs and CBOs, and the hon Doman is also invited. In this manner, municipalities needing special attention will be dealt with, and this issue was also raised in the report.

Once again, we would like to thank the portfolio committee for this work and encourage them to undertake such visits frequently. Even next year there is the intention of visiting the nodes and we welcome that. You will remember that the NCOP also visited rural and urban nodes last year, and we are also acting on their report, but it is good when the reviewing of this happens frequently. It also keeps us on our toes.

Perhaps in the next visit, the portfolio committee should actually invite more members of Parliament to participate in those visits. [Interjections.] The problem that we might also want to look at is how we communicate the work that Government and Parliament do to the municipalities. That is also very important.

Lastly, I would just like to quote the President in his state of the nation address in 2002 when he said: The central question we would have to answer at the end of the day is whether what we are doing as the legislature, the executive and the judiciary, as well as civil society is helping to lift from the shoulders of our people the intolerable burden of poverty and underdevelopment

Thank you.

The DEPUTY CHAIRPERSON OF COMMITTEES: Hon Deputy Minister, when you are editing your speech, you might want to look at the use of that word undermine'' and you may want to replace it withuphold’’.

Debate concluded.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Deputy Chairperson, I move that the House notes the report.

Agreed to.

                    The House adjourned at 18:00.
                             __________

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                        THURSDAY, 22 MAY 2003

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. Translations of Bills submitted:

 (1)    The Minister of Finance:


     (i)      Wetsontwerp  op  die  Herroeping  van  die  Wet   op   die
          Bophuthatswana  Nasionale  Voorsieningsfonds  [W  13  -  2003]
          (National Assembly - sec 75).


     This  is  the  official   translation   into   Afrikaans   of   the
     Bophuthatswana National Provident Fund Act  Repeal  Bill  [B  13  -
     2003] (National Assembly - sec 75).


     (ii)    Wetsontwerp op die Herroeping van die Wet op die  Sefalana-
             werknemersvoordele-organisasie  [W  14  -  2003]  (National
             Assembly - sec 75).


     This is the official translation into  Afrikaans  of  the  Sefalana
     Employee Benefits Organisation  Act  Repeal  Bill  [B  14  -  2003]
     (National Assembly - sec 75).


     (iii)   Bankwysigingswetsontwerp [W 15 - 2003]  (National  Assembly
             - sec 75).


     This is the  official  translation  into  Afrikaans  of  the  Banks
     Amendment Bill [B 15 - 2003] (National Assembly - sec 75).

1. Draft Bills submitted in terms of Joint Rule 159:

 (1)    The Acting Minister of Transport on 4 April 2003  submitted  the
     following Bills:


     (i)     National Road Traffic Amendment Bill, 2003
     (ii)    National Road Traffic Second Amendment Bill, 2003
     (iii)   Road Traffic Amendment Bill, 2003


     Referred to the Portfolio Committee on  Transport  and  the  Select
     Committee on Public Services.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Finance:

 (a)    Exemption in terms of section 74 of the  Financial  Intelligence
     Centre Act, 2001 (Act No 38 of  2001)  and  Explanatory  Memorandum
     thereto.


 (b)    Government Notice No R 552 published in  Government  Gazette  No
     24770,  dated  25  April  2003:   Exchange   Control   Regulations:
     Cancellation of appointment of  an  authorised  dealer  in  foreign
     exchange: African Merchant Bank Limited in terms  of  the  Currency
     and Exchanges Act, 1933 (Act No 9 of 1933).


 (c)    Government Notice No 616  published  in  Government  Gazette  No
     24834, dated 30 April 2003: Allocations made to  the  provinces  in
     terms of section 7 of the Division of Revenue Act, 2003 (Act  No  7
     of 2003).


 (d)    Government Notice No 605  published  in  Government  Gazette  No
     24830, dated 30 April 2003: Transfers to local government in  terms
     of the Division of Revenue Act, 2003 (Act No 7 of 2003).


 (e)    Government Notice No 606  published  in  Government  Gazette  No
     24833,  dated  30  April  2003:  Statement  of  the  National   and
     Provincial   Governments'   revenue,   expenditure   and   national
     borrowing as at 31 March  2003  in  terms  of  the  Public  Finance
     Management Act, 1999 (Act No 1 of 1999)  and  Division  of  Revenue
     Act, 2002 (Act No 5 of 2002).

1. The Minister of Correctional Services:

 (a)    Report of the Judicial Inspectorate on Prisons and Prisoners for
     2002-2003 [RP 41-2003].


 (b)    Strategic Plan of the Department of  Correctional  Services  for
     2003-2006.

COMMITTEE REPORTS:

National Assembly:

1. Report of the Joint Standing Committee on Intelligence on the Allegations arising out of the Purchase of a Guest House by the Civilian Intelligence Services in Cape Town, dated 14 May 2003:

   Following media reports and a request from the Minister for Intelligence Services in March 2003, the Joint Standing Committee on Intelligence, having considered the matter concerning the guesthouse in Cape Town, reports as follows: The Committee noted with regret that a Member of Parliament, particularly one who has access to intelligence oversight through its representative on the Joint Standing Committee on Intelligence, had not only disclosed the exact location of the house, but also paraded in front of it whilst journalists took photographs. The Committee is particularly concerned about the insensitive and partisan way of handling an issue of national security, despite several avenues at the disposal of both the public representative and the South African public.

   Flowing from the media reports the following concerns were raised:

   1. Was there a need for such a secured facility for the intelligence services?

   2. Why was the property registered in the name of the National Intelligence Agency or should it have been registered in a covert manner?

   3. Was the purchase price market related?

   The Committee considered these matters and having received a briefing from the Ministry and the National Intelligence Agency, made the following findings:

   1. The Committee agreed that there is a need for a secure shared facility for the intelligence services and other relevant government departments in Cape Town for the following reasons:

      i. The continued involvement of the South African intelligence community in support of the Government in the resolution of conflicts, both internally and internationally.

      ii. Cape Town is the seat of Parliament and often there is a need for urgent consultation between the executive and other parties during parliamentary sessions.

      iii. The cosmopolitan nature of the city of Cape Town lends itself to the opportunity for the need of a discreet facility for the use of the South African government.

      iv. Public places such as hotels are sometimes inappropriate for meetings of this nature because of the exposure of participants and/or the security measures necessary for such meetings. This may infringe on the rights of other users of such public places.

      v. It is in keeping with international best practices for intelligence services to own such properties.

   2. The registration of the property under the name of the National Intelligence Agency does not constitute any breach of policy. It is in line with the current policy of ensuring proper registration of the assets of the state. This type of facility must not be confused with what is commonly referred to as a “safe house”, which is covert.

   3. From the information at the disposal of the Committee, the Committee found that the purchase price was in line with the current property prices of a similar nature and location. These prices range from R5,6M to R10,8M. No information to the contrary was brought to the attention of the Committee.

   The Committee resolves not to have any further investigation on the matter. However, this does not exclude any future investigation, should the Auditor-General produce evidence of irregularity.

   In view of the above, the Joint Standing Committee on Intelligence would like to conclude by a call for a public debate on the concept of national security in order to reach consensus on how matter of national security should be dealt with.

 Report to be considered.






 DR S C CWELE
 CHAIRPERSON

                        TUESDAY, 27 MAY 2003

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. Translations of Bills submitted:

 (1)    The Minister of Finance:


     (i)      Wetsontwerp  op  Deviesebeheeramnestie  en  Wysiging   van
          Belastingwette [W 26 - 2003] (National Assembly - sec 77).


     This is the official translation into  Afrikaans  of  the  Exchange
     Control Amnesty and Amendment of Taxation Laws Bill [B 26  -  2003]
     (National Assembly - sec 77).

National Assembly:

1. Submission of Private Members’ Legislative Proposals:

 (1)     The  following  private  member's  legislative   proposal   was
     submitted to the Speaker on 22 May 2003, in  accordance  with  Rule
     234:


     (i)     Electoral Systems Bill (Mr K M Andrew).


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

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Labour:

 Preliminary Annual Report of the Department of Labour for 2002-2003 [RP
 44-2003].

National Assembly:

1. The Speaker:

 Letter received from the South African Human Rights Commission dated  3
 April 2003, addressed to the  Speaker  on  the  implementation  of  the
 Promotion of Access to Information Act, 2000 (Act No 2 of 2000):


 Dear Dr Ginwala


 Re: Implementation of the Promotion of Access to Information Act
 The Promotion of Access to Information Act No 2 of 2000 (hereafter, the
 Act) which came into operation on  9  May  2001,  given  to  the  South
 African Human Rights Commission (hereafter, the Commission) a  host  of
 responsibilities including monitoring and reporting. The Commission has
 encountered and continues to encounter problems with many public bodies
 in so far as their  compliance  with  the  provisions  of  the  Act  is
 concerned.


 Section 32 of the Act  requires  information  officers  of  all  public
 bodies as defined in section 1 of the Act, to annually  submit  to  the
 Commission, reports pertaining to requests for access  to  records  and
 how the respective public bodies have dealt with such requests.


 The first anniversary of the submission of section 32 reports was 9 May
 2002 and the second anniversary 9 May 2003. The response rate for  more
 than 800 public bodies has been poor in both anneversaries,  with  less
 than 20 public bodies responding in 2002 and less  than  15  for  2003.
 This, despite numerous efforts by the Commission to inform  and  remind
 public bodies of their obligations in terms of the  Act.  In  2002  the
 Commission held briefings for public  bodies  in  eight  provinces  and
 placed a notice on its website in order to impress on public bodies the
 need to comply with this obligation. This year  the  Commission,  at  a
 cost of R 80 000 of public funds, placed adverts in several newspapers,
 reminding public bodies to submit their section  32  reports  by  March
 2003.


 While the Act does not provide for sanctions  for  non-compliance  with
 the provisions of section 32, the South African Human Rights Commission
 Act 54 of  1994  makes  it  a  criminal  offence  for  any  person  who
 frustrates the work of the Commission.


 The Commission does not readily resort to drastic measures in order  to
 ensure compliance with obligations  pertaining  to  its  functions  and
 powers, but we resort  to  these  measures  where  we  have  to.  These
 measures include powers  of  subpoena  and  referral  to  the  National
 Director of Public Prosecutions.


 We therefore request your political intervention in this regard as part
 of Parliament's overall monitoring role, and also await the  submission
 of your office's section 32 report, which the  Commission  has  yet  to
 receive.


 Yours sincerely


 Mr Jody Kollapen
 Chairperson


 Referred to the  Portfolio  Committee  on  Justice  and  Constitutional
 Development for consideration and report.

COMMITTEE REPORTS:

National Assembly and National Council of Provinces:

1. Report of the Joint Committee on Ethics and Members’ Interests on the Consideration of the Complaint against Minister M G P Lekota, dated 22 May 2003:

 Present:
 Mr L T Landers - Chairperson


 National Assembly:


 Cronin, JP (ANC)  Gxowa, NB (ANC)  Jassat, EE (ANC)
 Njobe, MAA (ANC)  Radebe, BA (ANC) September, RR (ANC)
 Shilubana, TP (ANC)     Solomon, G (ANC) Moorcroft, EK (DA)
 Maluleke, D (DA)  Ditshetelo, PHK (UCDP)


 National Council of Provinces:


 Kgoali, J (ANC)   Kolweni, Z (ANC) Lubidla, EN (ANC)
 Nkuna, C (ANC)    Gouws, E (DA)    Ackermann, C (New NP)
 Staff:


 Ms F Mahomed (Registrar), Ms Z Adhikarie (Parliamentary  Law  Advisor),
 Ms F Isaacs and Ms T Mbona.
 Background


 On 15 May 2003, the Office of  the  Registrar  received  correspondence
 from Minister Lekota in which he tendered an apology to Parliament  for
 his non-disclosure of financial interests. The letter also gave details
 of his interests in BZL Petroleum CC 1169 and BZL Petroleum CC 1209.


 On 16 May 2003, the Mail and Guardian newspaper published an article on
 the non-disclosure of  financial  interests  by  Minister  Lekota.  The
 article refers to non-disclosure of BZL Petroleum as well  as  Minister
 Lekota's directorship in both Landzicht and Griekwaland-Wes  Koöperasie
 (GWK).


 On the same day Minister Lekota submitted  details  pertaining  to  his
 directorships of Landzicht and GWK. Minister Lekota explained  that  he
 acquired his directorship of GWK in October 2002 and therefore in terms
 of the rules is only required to disclose it in the 2003 disclosure.


 Mr D M Gibson, MP, submitted a complaint on 16 May 2003  regarding  the
 Minister's non-disclosure.


 On 16 May 2003 the Minister was advised of the complaint, and asked  to
 furnish full details of his interests.


 Minister Lekota's disclosure.
 The Minister complied with the request to  disclose  and  provided  the
 following additions to his existing disclosures:


 1999
 Residential property - Bloemfontein
 Residential property - Westville
 Directorship - Mokolla Investments
 Trustee - Braam Fischer Board of Trustees


 2000
 Residential Property - Bloemfontein
 Residential Property - Westville
 Directorship - Mokolla Investment
 Trustee - Braam Fischer Board of Trustees
 Member of Grey College School Governing Body


 2001
 Residential Property - Bloemfontein
 Residential Property - Westville
 Directorship - Mokolla Investment
 Directorship - Landzicht Winery
 Shares - BZL Petroleum 1169 CC
 Trustee - Braam Fischer Board of trustees
 Member of Grey College School Governing Body


 2002
 Residential Property - Bloemfontein
 Residential Property - Westville
 Directorship - Mokolla Investment
 Directorship - Landzicht Winery
 Shares - BZL Petroleum 1169 CC
 Trustee - Braam Fischer Board of trustees
 Member of Grey College School Governing Body


 The Minister's directorships, as forwarded, were found to be consistent
 with search results of the Department of Trade  and  Industry  -  CIPRO
 Website.


 Breaches of the Code
 Item 16 of the Code of Conduct stipulates that a  member  breaches  the
 Code if a member -


     (a)     Contravenes or fails to comply  with  a  provision  of  the
          Code,
     (b)     When disclosing registrable interests,  willfully  provides
          the Registrar with incorrect or misleading details.


 Consideration of the complaint.
 Minister Lekota has publicly conceded that he  has  not  disclosed  the
 aforementioned interests. A hearing is not required because  the  facts
 are not in dispute.  However,  the  Committee  must  establish  whether
 Minister Lekota's non-disclosure was due to negligence  or  whether  he
 intended to willfully mislead the Committee.


 Item 3.3 of the Procedure for the Investigation  of  Complaints  allow,
 "in each case the committee has the discretion regarding the weight  to
 be attached to different forms of evidence..."


 The Committee agreed that it  must  make  a  finding  of  willful  non-
 disclosure if it is found that the Minister or his family,  friends  or
 associates improperly benefited financially or otherwise from his  non-
 disclosure. The Committee must assess whether the non-disclosure  arose
 to conceal a conflict of interest.


 In terms of the criteria outlined above, consideration must be given to
 the Mail and Guardian's  analysis  of  the  conflict  of  interests  in
 respect of this matter. The report states that "Lekota's involvement in
 the businesses raise serious conflict of interests questions as  Lekota
 is in the position to use his influence and has  access  to  privileged
 information that could advance his business interests."  The  newspaper
 continues " the fact that BZL is a distribution agency  of  Caltex  and
 the fact that Lekota is  a  shareholder  of  BZL  arguably  brings  him
 uncomfortably close to the petroleum giant. In this case  the  conflict
 of interest arises from the fact that Lekota sits in  Cabinet  meetings
 that make decisions that affect fuel companies."


 With the information at hand, it  is  the  Committee's  view  that  the
 newspaper does not make a case that  there  is  a  direct  conflict  of
 interest. Further, there is  no  evidence  before  the  Committee  that
 indicate that the Minister had  benefited  financially  from  his  non-
 disclosure. At most it could be said that the Minister's interest could
 create a perception of a potential conflict of interest.


 The Mail and Guardian continues, "Landzicht is a  regular  supplier  of
 wines to the Free State Government." The article also states Trade  and
 Investment South Africa paid 80% of  Landzicht's  exhibitions  held  in
 Thailand, Beijing and Uganda.


 In respect of the  Minister's  interests  in  Landzicht,  details  were
 obtained from Trade and Investment South Africa (TISA) on  the  funding
 of the exhibitions. They (TISA) have indicated that Minister Lekota was
 at no stage directly involved in dealing  with  any  application.  They
 have only a record of the exhibition in Uganda.


 Minister Lekota's Address to the Committee
 The Minister at the outset apologised for his failure to  disclose.  He
 conceded that he erred in not forwarding full details of his disclosure
 and accepts that he failed to abide with the requirements of the Code.


 In respect of  the  Minister's  non-disclosure  of  his  residences  in
 Westville and Bloemfontein, he stated that these are private residences
 and that no business activity was conducted from these premises.


 In respect of shares in BZL 1169 CC, the Minister indicated that he had
 at no time  drawn  any  benefit  and  advised  that  the  business  has
 undergone liquidation. The Minister is credited with a dividend and has
 not drawn it to date.


 In respect of BZL 1209, the Minister has a 5% share at a nominal  value
 of R5. The Minister has indicated that the company value  is  difficult
 to determine, but is not likely  to  be  significant.  He  received  no
 remuneration or benefit to date and has now  tendered  his  resignation
 from BZL Petroleum.


 With regard to Landzicht, the Minister  has  partially  disclosed  this
 interest, including the wine farm in Jacobsdal. He received no  payment
 from Landzicht. The Minister has indicated that there is no contract to
 supply wine to the government of the Free State,   as  alleged  in  the
 newspaper report.


 Griekwaland-Wes Koöperasie (GWK)
 The Minister was invited  to  serve  as  a  non-executive  director  in
 October 2002. As such he would only be required to  disclose  in  2003.
 The Minister did not receive any benefits. He tendered his  resignation
 to GWK.


 Mokolla Investments
 The Minister indicated that this is a dormant  company  and  has  never
 traded.


 Braam Fischer Board of Trustees
 This is a trust to assist rural children. He derives  no  benefit  from
 this.


 Grey College School Governing Body
 The Minister does not derive any benefits from this body.


 Based on the information at its disposal, the Committee is of the  view
 that the Minister's failure to disclose was negligent, but that he  did
 not intend to willfully mislead the Committee.


 Recommendations
 The Joint Committee makes the finding that:


     -  Minister Lekota failed to comply  with  the  provisions  of  the
          Code of Conduct with regard to financial interests;
     -  Minister Lekota was negligent in making  incomplete  disclosures
          of his interests;
     -  However, there was  no  evidence  that  the  Minister  willfully
          withheld information with the intention to mislead Parliament;
          and
     -  Therefore, sanctions his negligence.


 In terms of the provisions of the Code the Joint  Committee  on  Ethics
 and  Members'  Interests  recommends  to  the  National  Assembly   the
 following sanctions:


     (i)     a written  reprimand  from  the  Speaker  of  the  National
           Assembly; and
     (ii)    a fine which is the  equivalent  of  one  week's  (7  days)
           salary.
 In making these recommendations, the  Joint  Committee  on  Ethics  and
 Members' Interests wishes to emphasise that Members of Parliament,   as
 elected public representatives, have an obligation  to  be  transparent
 and must take the provisions of the Code seriously.


 The  Committee  noted  the  promptness  with  which   Minister   Lekota
 responded, his own admission of casualness in regard to disclosure, and
 his cooperative demeanour.


 The Committee was unanimous in its findings.


 Adopted unanimously by the Committee on 27 May 2003.


 Report to be considered.

1. Report of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons on Filling of Vacancies on National Youth Commission, dated 27 May 2003: The Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons, having considered the request from the Minister in The Presidency regarding the appointment of Commissioners to serve on the National Youth Commission, referred to it, reports as follows:

 1.     Advertisements were placed in the printed and  electronic  media
     from 2 to 17 April 2003, and the Committee received 72  nominations
     (15 females, 53 males and four disabled persons).  On  20  May  the
     Committee shortlisted the following nominees for interviews:


     Jabu Mbalula, Daniël van Vuuren, Nketu Matime,  Petronella  Linders
     (visually  impaired),  Cameron  Tabane,  Lebogang  Maile,   Vuyiswa
     Tulelo-Rathebe, Anele Matoti, Simon Zwane  (paraplegic),  Sthembele
     Peter (epilepsy) and Mpande Cele.


     On 22 May, a day before  the  interviews  were  scheduled  to  take
     place, Mpande Cele  withdrew  his  nomination,  and  the  Committee
     therefore ultimately interviewed 10 candidates.


 2.     On 23 May, the Committee spent five hours interviewing the  said
     10 candidates. The  principle  of  concurrence  with  the  National
     Council of Provinces, and the terms of reference  as  contained  in
     the National Youth Commission Act, 1996, (Act No. 19 of  1996),  as
     well as the appointment of five full-time commissioners, were  duly
     taken into account during the entire process.


 3.     The Committee accordingly recommends, in accordance with section
     4 of the National Youth Commission Act,  1996,  that  the  National
     Assembly and  the  National  Council  of  Provinces  recommend  the
     following five candidates for consideration by the  President  when
     appointing  five  full-time   members   to   the   National   Youth
     Commission:
     Jabu Mbalula
     Daniël van Vuuren
     Nketu Matime
     Petronella Linders
     Vuyiswa Tulelo-Rathebe.


 Report to be considered.

National Assembly:

1. Report of the Portfolio Committee on Labour on Visit to Chile, dated 12 November 2002:

 The Portfolio Commmittee on Labour, having conducted  a  fact-  finding
 mission to Chile from 30  September  to  4  October  2002,  reports  as
 follows:


 Table of Contents


   Topic      Paragraph




   Terms of Reference    A
   Background B
   Procedure  C
   Logistical arrangements     D
   Findings   E
   Conclusion F


 A.     Terms of reference


     The Committee resolved  to  undertake  a  fact-finding  mission  to
     Chile. The objectives of this trip were to:


     1. Find out about compliance with labour legislation.


     2. Strengthen bilateral relations between the two countries.


     3. Share experiences on some of the issues which Chile has  managed
          to succeed in addressing, for example, reducing unemployment.


     4. Look at how Chile manages to link labour with social security.


     5. Share some experiences as countries which brought  some  reforms
          to their labour systems.


     The Committee agreed that a report would be compiled after all  the
     information had been collated and analysed.


 B.     Background


     Like South Africa, Chile attained democracy after several years  of
     dictatorship. The governments of both Chile and  South  Africa  are
     pressed by the need to attain better employment  growth  rates.  In
     addition, in both countries, labour  market  interventions  by  the
     state are constrained by fiscal discipline. Chile has succeeded  in
     reducing the  levels  of  unemployment.  Also,  social  and  labour
     policies that  had  previously  contributed  to  the  expansion  of
     internal consumption were to be redefined. The Ministry  of  Labour
     in Chile has managed to accomplish  labour  reforms  from  both  an
     economic and social perspective. All  reforms  were  a  subject  of
     debate and planning at national level and had  a  high  content  of
     social dialogue. It is against that background that  the  Committee
     resolved to undertake a fact-finding  mission  in  order  to  share
     experiences with Chile.


 C.     Procedure


     Communication on the proposed visit  was  conducted  both  verbally
     and in writing with the  Department  of  Foreign  Affairs  and  the
     South African Mission in Santiago de Chile.


     The delegation interacted with  a  wide  spectrum  of  the  Chilean
     society, which amongst others included the ministers of labour  and
     social security, government officials from the ministry of  labour,
     parliamentarians,   union    leaders,    employers    associations,
     academics, judges and management of the mining council.


 D.     Logistical arrangements


     The multi-party delegation consisted of the following persons:


     Mr D A A Olifant (Acting-Chairperson) ANC
     Mr G G Oliphant ANC
     Ms E Thabethe ANC
     Mr N J Clelland-Stokes DP
     Mr J Durand NNP
     Ms P Jayiya (Committee Secretary)


 E.     FINDINGS


     1. Ministry of labour and social security


          The ministry of labour and social security combines  both  the
          portfolio of labour and social security.  It  has  two  deputy
          ministers.  The  directorate  of  labour  is  responsible  for
          monitoring compliance with  labour  laws  and  enforcement  of
          labour law standards. The directorate of social security is in
          charge of managing the distribution of social security  funds.
          The   social   security   fund   is   administered   by    the
          superintendency of social security,  and  there  are  regional
          superintendents in all the regions.


     2. Senate of labour commission


          The Chilean parliamentary committee on labour only focuses  on
          developing norms and  standards  of  the  labour  market.  The
          judiciary and  labour  courts  are  responsible  for  settling
          labour disputes. Parliament also ensures that  legislation  is
          clear and interpreted correctly.


          The representation of women in decision-making  structures  in
          Chile is improving. There are five  women  cabinet  ministers.
          The head of the chamber (Speaker) is also a woman.  The  house
          has  12%  women,  although  only  two  serve  on  the   labour
          commission.


     3. Labour market


          Chile  has  a  total  population  of  15  million  people.   A
          significant number of the population are indigenous people who
          were ignored by government policies in the  past.  Of  the  15
          million people, 11 million are of working age. Six million are
          economically active individuals and five million are employed.
          Some 500 000 people remain unemployed. This  represents  a  9%
          unemployment rate. The labour force consists of people between
          the ages of 18 and 65.  Labour  indicators  reflect  that  the
          labour force in Chile consists of  three  million  people  who
          work in the private sector. Workers are classified: minor  18,
          domestic, pensioners, public and private.


          Women make up 37% of the Chilean labour force.  Representation
          of women has improved in the police force.  Possibilities  are
          envisaged in the army where women can become generals.


          The average remuneration is US$450 per month. Each worker  has
          an average of four years in a permanent job. The turnover rate
          per year is 25%.


          In terms of salary distribution, 70% of  the  population  earn
          less than the average salary.


          Some 80% of employment in Chile is in  the  small  and  medium
          sector and 20% in big companies. Small  and  medium  companies
          tend to be owned by people with a low level of education.


          Chile   has   a   confederation   that   represents    private
          entrepreneurs in different fields such as agriculture, mining,
          banking, transport, etc. The confederation  has  180  members,
          which is almost 9% of private entrepreneurs. However, the role
          of the confederation is to promote jobs through  its  branches
          and membership.


     4. Subsidised employment


          In Chile the  state  directly  subsidises  employment  in  the
          private sector by paying the wages of  participants  partially
          or totally, or offers tax advantages to  firms  who  hire  and
          provide work experience. The programmes of subsidised  private
          sector employment are linked to training schemes. For example,
          Chile has a programme that is co-financed  by  the  government
          and the inter-American Development bank. This programme is co-
          ordinated by  the  state  unit  and  is  run  through  private
          institutes. It is mainly targeted  at  the  young  unemployed,
          preferably between the ages of 15 and 24, who are out  of  the
          schooling system. This programme has a number of subprogrammes
          - training and work experience  in  firms,  work  training  to
          become self-employed and training for young workers.  Most  of
          the training programmes are geared towards  producing  skilled
          labour, especially for private sector demands.


     5. Labour flexibility/adaptability


          Chileans believe that the labour market should be flexible for
          the economy in order to create  more  job  opportunities,  and
          that the market should determine labour legislation.
          One labour specialist expressed the view that Chile uses terms
          such as adaptability and modernity because labour  flexibility
          solicits a strong reaction from the trade unions. He  gave  an
          example of countries such as  South  Korea  which,  after  the
          Asian crisis, was experiencing high  unemployment,  but  after
          implementing labour flexibility, jobs were created.


          The labour reforms passed have no obligation to  make  minimum
          working hours flexible.


     6. Unions/workers rights


          One of the benefits of the Chilean Labour Reform Act  of  2001
          is that it allows for the formation  of  multi-industry  trade
          unions. It also recognises the rights of workers  to  organise
          themselves in  a  manner  that  benefits  their  interests.  A
          general rule in the formation of a union requires a minimum of
          25  workers  in  the  workforce.  However,  a   special   norm
          established is that eight workers can form a labour  union  in
          companies with less than 50 workers, on the understanding that
          within one year the quota required by  law  is  fulfilled.  In
          companies with less than 50 workers, the requirement is 10% of
          the total workforce.


          The Labour Reform Act also prohibits employers from using scab
          labour  during  strikes  and  dismissals  because   of   union
          involvement. It further obliges employers  to  provide  unions
          with a policy and financial statements,  as  well  as  company
          objectives,   projections   and   planned   technological   or
          organisational changes.


          As from 1 January 2005, normal  working  hours  will  decrease
          from 48 to 45 hours per week. For example, in the catering and
          commercial industries, workers will be entitled  to  two  free
          Sundays a month, while workers in the fishing industry will be
          entitled to 12 instead of 10 hours leisure time.


          Overtime will only be used for temporary needs,  and  must  be
          agreed on in writing for a  maximum  of  three  months,  after
          which it must be renewed.


          Studies conducted by researchers indicated that although  some
          rights of workers  have  been  re-established,  95%  of  women
          workers are ignorant of their rights.  This  results  in  them
          being exploited.


          Although unions' autonomy  has  been  increased,  they  remain
          weak. One of the senators expressed  the  view  that  workers'
          rights are best  served  by  workers  themselves  through  the
          vigilance of trade unions, and that, although legislation  can
          be passed, if unions are weak, they are useless.


          Recent  studies  conducted  by  CENDA,  an  institution  which
          conducts studies on  workers  rights  and  training  of  trade
          unions,  identified  some  deficiencies  in  the  salaries  of
          workers that are employed in the  agricultural  sector.  CENDA
          has made a commitment to work together with the unions and the
          ministry of labour to ensure that all conditions are  captured
          in the new law.


          CENDA also  conducted  research  in  respect  of  the  fishing
          industry. The findings were that  when  workers  put  in  more
          working hours, they are paid overtime. Excessive working hours
          affect the health conditions of all workers.


     7. Law enforcement
          As indicated, the directorate of  labour  is  responsible  for
          monitoring compliance with the labour laws.  This  directorate
          has a staff complement of 1 600 public servants, and  each  of
          the 13 regions has a director. Also, there  are  78  inspector
          offices throughout the country. It is envisaged  that  by  the
          end  of  2004  almost  2  000  posts  will  be   filled.   The
          responsibilities of the  directorate  of  labour  include  the
          following:


          (a) Monitoring the collective bargaining process.


          (b) Enforcement of compliance with labour standards.


          (c) Conduct studies on phenomenal processes that emerge in the
              labour market.


          (d) The legal unit (within this directorate)  is  composed  of
              lawyers who are responsible for interpreting the law.  The
              lawyers also carry out defence of the  institution  before
              the court when a sanction has been approved.


          (e) They  resolve  conflicts,  be  it  individual  or  through
              collective bargaining.


          (f)  The  mediation  unit  specialises  in  conciliation   and
              mediation at no cost.


          (g)  Training  of  union  leaders  forms  part  of  the  daily
              activities of the department.


     8. Training


          Most  of  the  training  programmes  are  carried  out  within
          companies, with tax incentives. For Chile training  is  linked
          with education and labour. Almost 20% of the labour force will
          be trained once a year within a period of five years, with  an
          emphasis  on  subjects  such  as   English   and   Information
          Technology.


          In Chile most companies prefer not to have disabled people  on
          the workforce. This is seen as a cultural problem.


     9. President's social programme


          (a) Poverty alleviation


              On  20  June  2002  the  Chilean  President  announced   a
              "Solidarity Chile" project. This programme has  a  set  of
              policies that are oriented to the poor sector  of  people.
              This  project  is  aimed  at  assisting  56  000  indigent
              families in Chile. All programmes  that  are  attached  to
              this project will start operating in  November  2002,  and
              will include the following elements:


              *    Personalised psycho-social  support  for  24  months,
                   with the provision of a bonus for family  protection,
                   starting at US$15 per month.


              *    Provision of guaranteed subsidies for family  members
                   under 18,  and  senior  members  to  have  access  to
                   health, housing and education.


              *    Training and labour inspection programmes.


              *     Labour  and  provisional  benefits  for   unemployed
                   family heads.


              *    10 000 houses will  be  built  at  the  beginning  of
                   2003.
              *    The state in partnership with the private sector  and
                   NGOs will offer daily programmes that will allow  for
                   hiring of people in real jobs. These people  will  be
                   assisted in finding jobs in the private sector.


          (b) Education


              The President has announced his intention  to  reform  the
              current system of education. This will include  increasing
              school hours.  Families  who  already  have  an  education
              savings  account,  will  be  rewarded  by  the  state   by
              receiving the equivalent of the  accumulated  interest  or
              even  double  that,  depending  on  the  family's  income.
              University scholarships  and  loans  would  be  increased.
              There  will  be  a  12-year  compulsory  school  education
              system.


              Child labour is not a  problematic  issue  in  Chile.  The
              country has a strong policy which prevents this.


     2. Social security: Pensions and other employee benefits


          Chilean Social Security gives benefits to the poor section  of
          the population. In terms of the UN  Human  Development  Index,
          Chile was  placed  in  a  favourable  position,  although  the
          country still occupies a low position in terms of distribution
          of income.


          The social security indicators show that  in  2000  the  total
          working contributors was 278 254. It is estimated that by 2009
          non-working contributors will amount to 985 190.


          (a) Pension System


              The  old  Chilean  pension  system   had   a   series   of
              difficulties which had to be resolved in order to  achieve
              reform.  Among  these  was  that   that   system   had   a
              multiplicity of pension agencies with their own  different
              systems, which in turn offered different  benefits.  Hence
              it was necessary  to  introduce  reforms  which  would  be
              uniform and rationalise the ruling system.


              The old system was administered  by  a  government  entity
              and provided health and other  social  security  benefits.
              Employers  were  obliged  to  withhold  a  certain   fixed
              percentage of the total remuneration and pay it  into  the
              pension fund.


              The new private pension system established in 1980 is  for
              workers who have joined  the  labour  market  since  then.
              Worker contributions are also subtracted from monthly  pay
              cheques at a fixed  percentage.  Currently,  almost  three
              million workers contribute  to  the  new  private  pension
              system.


              However, there are still 870 000 pensioners from  the  old
              system, 200 000 of whom are active. They are  seen  as  an
              important part of the country's labour force.


          (b) Health care benefits


              In Chile  a  worker  or  self-employed  individual  has  a
              mandatory contribution of  7%  towards  health  insurance.
              Labour  health  has  a  system  that   is   enforced   and
              registered by the Superintendency of Social Security.


              Companies may choose to insure  their  workers  under  two
              alternative schemes,  namely  mutual  insurance  companies
              for workers or the delegated system of administration.


              Mutual  insurance  companies  are   non-profit   entities,
              financed through legally defined contributions, for  which
              the employer is responsible.  The  basic  contribution  is
              0,9% of worker wages.


              Companies with 2 000 workers and more,  with  capital  and
              reserves above 7 000  vital  annual  salaries,  and  which
              meet the requirements set  by  law,  are  entitled  to  be
              named  delegate  administrators  of  the  insurance.   The
              number of workers covered by this scheme is  almost  0,72%
              of the labour force.


              The State offers another alternative for labour  accidents
              and  professional  illnesses.  This  is  aimed  at   small
              business enterprises and domestic workers. The  regulation
              and supervision of  the  institutions  which  manage  this
              programme is a  task  of  the  Superintendency  of  Social
              Security.


     3. Work-related accidents


          All employees have to pay  a  0,95%  premium  on  remuneration
          towards workmen's compensation. Such funds go to the system in
          which they participate.


     4. Unemployment Insurance Fund (UIF)


          As from 1 October 2002, an obligatory  unemployment  insurance
          fund has been established. These funds remunerate workers  who
          have been laid off. The  UIF  operates  on  a  combination  of
          individual account per employee (savings) and  the  solidarity
          fund.


          (a) Features of UIF


              *    All resources will be imbursed in the capital  market
                   at a fixed rate.


              *    Increased growth for internal savings.


              *    Temporary workers are included.


              *    Automatic incorporation of all employees who  started
                   working since enforcement of the law.


              *    It is optional  for  workers  with  older  contracts.
                   This is done according to the employee's decision.


          (b) Individual accounts


              With an individual account, the employer contributes  1,6%
              and the employee 0,6% of his or  her  salary  towards  the
              account.  Benefits  depend  on  the   savings   level   or
              resources accumulated and are always granted.  This  is  a
              savings account of the worker, where he or she earns  5-6%
              interest at  a  fixed  rate.  Benefits  in  this  type  of
              account are paid in up to  five  decreasing  amounts.  The
              number depends on the period of contribution.


          (c) Solidarity fund


              The  fund  acts  as  a  complement   to   the   employee's
              individual account once resources are finished.  In  terms
              of this fund, the employer contributes 2,4% to the  salary
              of each employee. The  2,4%  is  divided  -  1,6%  to  the
              individual account and 0,8% to the  solidarity  fund.  The
              employer is obliged to save this 2,4% for private  workers
              only.


              In the case of dismissal,  the  worker  can  apply  for  a
              warranty amount  from  the  solidarity  fund.  The  latter
              grants  five  decreasing  withdrawals,  and  has   limited
              access, i.e twice every five years. The  general  rule  is
              that if a worker is fired, there are 12 contributions.  He
              or she can apply to the solidarity fund for 50% of his  or
              her last salary.


          (d) Administration of UIF


              The  UIF  in  Chile   is   administered   by   a   private
              administrator. This is done with efficiency,  and  without
              corruption and political influence. It  is  handled  by  a
              sole operator and is granted for a fixed period.


              The selection of the  administrator  was  done  through  a
              tender process  -  compensation  associations,  banks  and
              insurance companies could participate. However,  selection
              was based on the  quality  of  the  offer  in  respect  of
              financial, technical and economical  aspects.  The  winner
              of the bid offered 6,6% per year and 0,5% per  month.  The
              administration contract will  last  for  a  period  of  10
              years.


          (e) Severance indemnity payments


              Chilean  labour  law  provides  for  severance   indemnity
              payable to workers if they are dismissed for reason  other
              than serious misconduct. The benefit is equivalent to  one
              month's salary for each year of service, for a maximum  of
              11 months. It is based on the  worker's  most  recent  pay
              level.


              The  possibility  of  dismissal  without  cause  has  been
              eliminated. Workers may be dismissed due to  modernisation
              and economic needs of the company. Also,  workers  may  be
              dismissed if they are  considered  not  suitable  for  the
              job's requirements. In such cases  they  are  entitled  to
              compensation. The cost of lay-off  compensation  in  Chile
              was increased, benefitting only workers with  five  years'
              service and more.


     3. Mining sector in Chile


          The Committee visited to Codelco, a state-owned copper  mining
          company. It has joint venture  mining  programmes  with  South
          Africa and other private companies. All natural  resources  in
          Chile are in the hands of the state, and mining  is  the  most
          important export commodity. The total investments which  South
          Africa has with Chile amounts to US$27 million.


          About 70 000 workers are employed in the  mining  sector.  The
          average age of workers in the mines is 38. This industry  uses
          a lot of technical-oriented skills. Chileans are of  the  view
          that, with the introduction of new technology and new ways  of
          management, there is a necessity for more skilled workers  who
          are able to adapt to these.


          However, workers in the coal mining sector  have  less  of  an
          education.  It  is  difficult  to  introduce   them   to   new
          challenges.


          Gender representation in the  mining  industry  is  still  not
          adhered to.  There  are  more  men  than  women.  One  of  the
          obstacles is access to protection grants for women  so  as  to
          enable them to be part of the sector and the economy.


          Mining sector companies invest heavily  in  training.  Workers
          are also trained in self-protection on the mines.


     4. Regional integration


          Although Chile has a small market, it is  good  base  for  the
          South  American  region.  Fruit  and  fish  are  main   export
          products. Chile has signed a free  trade  agreement  with  the
          European Union. This will offer the country a huge market  for
          certain goods. Chile is the second largest producer of  salmon
          in the world. This gives the country a  comparative  advantage
          over other countries. Currently, the  country  is  negotiating
          with the United States for a free trade agreement  because  of
          US interest in the South American region.


 F.     Conclusion


     The delegation's final  conclusion  was  that  the  trip  was  both
     informative and  beneficial.  Many  of  the  differences,  both  in
     policy and practice experienced, have provided the delegation  with
     new  and  fresh  insights.  Chile  and  South  Africa   have   many
     similarities. Both countries have similar histories and  approaches
     to their post-oppression regimes. Both have statutory  bodies  like
     the UIF and the CCMA.


     The experience of examining and engaging with the  application  and
     administration of these bodies and Chile's general approach to  its
     economic growth and development will provide  lasting  benefits  to
     the Committee in its future endeavours. 2.    Report of the Portfolio Committee on Agriculture and Land  Affairs  on
Food Security Hearings, dated 27 May 2003:


 The  Portfolio  Committee  on  Agriculture  and  Land  Affairs,  having
 conducted public hearings on food security on 11  and  12  March  2003,
 reports as follows:

CREDA INSERT DOC ON FOOD SECURITY

Report to be considered.