National Assembly - 21 June 2005
TUESDAY, 21 JUNE 2005 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:02.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
APPOINTMENT OF LEADER OF GOVERNMENT BUSINESS
(Announcement)
The Speaker announced that she had been informed by the President that Minister Charles Nqakula had been appointed as Leader of Government Business in the NA in terms of section 91(4) of the Constitution, with effect from 15 June 2005.
NOTICES OF MOTION
Mr L B LABUSCHAGNE: Madam Speaker, I give notice that I shall move at the next sitting of this House: That the Chief Executive Officer of the SA Airways be called before Parliament’s Public Enterprises portfolio committee to explain why a leasing agreement with Jet Airways was signed while another similar agreement with Sahara Airways was turned down, an agreement that would have earned the South African national carrier R100 million more in revenue.
BELATED BIRTHDAY WISHES TO PRESIDENT OF THE RSA
(Draft Resolution)
Mrs R A NDZANGA: Madam Speaker, I move without notice:
That the House -
(1) notes that last Saturday, 18 June 2005, was the birthday of the President of the Republic;
(2) congratulates the President on his birthday and hopes that he will see many more; and
(3) wishes the President a belated happy birthday.
Agreed to.
INTERNATIONAL STROKE AWARENESS WEEK
(Member’s Statement)
Ms A VAN WYK (ANC): Madam Speaker, health workers across the globe observed last week as International Stroke Awareness Week. The condition is rapidly becoming the second most common cause of death after heart disease.
In the past the condition was associated with old age. Today this is no longer the case. It strikes everyone, regardless of age, gender or race. The prevalence of the condition is strongly associated with health transition. This means a change in eating habits and other factors of lifestyle.
There is clearly an increasing burden of non-infectious diseases such as hypertension, diabetes and cancer. This fact confirms the ANC-led government’s policy that in achieving a healthier society, we need to have healthy people.
The provision of affordable health care is fundamental to the wellbeing of our society. The ANC will continue to mobilise communities around the issues of healthy living and eating habits.
RULING PARTY SILENT ON OILGATE
(Member’s Statement)
Mr M J ELLIS (DA): Madam Speaker, Oilgate threatens to be the next biggest corruption scandal to engulf the government. Yet, the ruling party remains deafeningly silent about the nature of its business transactions with Imvume Management despite allegations that Imvume financed its election campaign with taxpayers’ money to the tune of R11 million.
Imvume is no ordinary private company and this was no ordinary private donation. Imvume’s CEO, Sandi Majali, styles himself as the economic adviser to the ANC’s secretary-general. He has served on the party’s committees involved in fundraising and economic policy-making. It would be far better if you listened instead of trying to make cheap jokes.
PetroSA, the state-owned enterprise that awarded a supply contract to Imvume is chaired by Popo Molefe, who is a member of the ANC National Executive Committee and chairperson of the party’s sub-committee on government and legislatures. Dr Molefe should stand down from his chairmanship of PetroSA while Oilgate is investigated.
The ANC needs to address Oilgate’s unanswered questions before the public is left with the impression that this was yet another BEE deal that filled the back pockets of the ruling party and its cronies. Thank you. [Applause.]
WORLD BANK LOANS TO AFRICA TO BE REPLACED WITH AID AND GRANTS
(Member’s Statement)
Mr M B SKOSANA (IFP): Madam Speaker, the African Union and South Africa in particular should welcome the prospect of the World Bank replacing loans to Africa with aid and grants, as indicated by the new president of the World Bank, Paul Wolfowitz, during his recent visit to Africa.
At the same time it is of vital importance that the African countries insist that, in pursuit of this goal, the World Bank abandons the conditional structural adjustment programmes, which are notorious for worsening the state of underdevelopment, poverty, unemployment and poor debt repayment in Africa.
Not only the World Bank, but also the international donors to Africa and, more importantly, the G8 countries, should as a matter of great urgency, persuade the recipient African countries to embrace the principle of aided self-help development schemes.
This should presuppose an imperative willingness on the part of African leaders to initiate and sustain a radical shift away from the post-war colonial economic development planning, currently characterised by widespread urban-rural disequilibrium and dependency, and adopt co- operative and self-reliant economic development programmes. I thank you.
SA YOUTH SEES BRIGHT FUTURE IN SA
(Member’s Statement)
Mr T G ANTHONY (ANC): Madam Speaker, the International Marketing Council contracted the FutureFact research company to do research on the attitudes of young people towards the future of our country. Those interviewed were between the ages of 20 - 24 across gender and colour lines. The overwhelming majority of our young people see a brighter future in the country of their birth.
As many as 91% are overwhelmingly excited to live in these times of change and 85% believe that people are endowed with the same capabilities irrespective of race, religion or gender. About 88% believe that the South African youth are determined to succeed in the future. Jos Kuper, of Kuper Research said, and I quote:
The survey was one of the most comprehensive ever undertaken in South Africa. It provides us with a unique insight into the rich texture and fabric of South African society.
The findings confirm the correctness of the work the ANC is doing among young people. I thank you all. [Applause.]
MURDER OF BABY JORDAN
(Member’s Statement)
Ms N M MDAKA (UDM): Madam Speaker, the UDM is horrified at the murder of six-month-old Jordan Leigh Norton a week ago. We extend our heartfelt condolences to her family. We congratulate the police for their swift action and the subsequent arrest of a suspect. We hope that the four other wanted criminals who perpetrated this horrible crime will soon be brought to book.
On previous occasions, in this House, we have raised our growing concern regarding the murder and abuse of children in our country. The regularity with which children are victimised and murdered in this country is pointing to a major unravelling of the social fabric. The moral health of our nation is in dire straits.
It is difficult to comprehend what level of callousness and inhumanity can give rise to the calculated stabbing to death of a six-month-old baby. If our rights-based democracy cannot protect the most innocent and weakest amongst us, then it cannot claim to be a true democracy. I thank you. [Applause.]
The SPEAKER: Order! Hon members, my attention has just been drawn to the fact that we have a technical problem; we are not being recorded for Hansard purposes. We therefore suggest that we suspend proceedings for a few minutes, just to check whether there’s a major problem. We don’t suggest that members should leave the House, but, of course, for minor, natural purposes, you have the right to do that. [Laughter.]
BUSINESS SUSPENDED AT 14:14 AND RESUMED AT 14:23.
The SPEAKER: Order! Hon members, let’s settle down. Let us proceed with members’ statements.
INVESTIGATION BY NPA INTO ARMS DEAL
(Member’s Statement)
Mrs P DE LILLE (ID): Madam Speaker, the ID calls for further investigation regarding the information contained in the De Lille dossier. The National Prosecuting Authority should pursue the enemies of the state within the context of the arms deal. Part of this document is now a record of the courts and the people named therein should be investigated and charged.
The names on the most wanted list in South Africa include Ron Haywood, Chippy Shaik, Richard Carter, Ntsiki Mashimbye, Vivian Reddy and Jayendra Naidoo.
Furthermore, we call on the NPA to investigate the British Aerospace Hawk deal and determine why we paid R70 million more than the market price; the German frigates from Ferrostaal, an additional R750 million for each frigate. Why was payment of a success fee of R1,2 million made by Thyssen to Futuristic Business Solutions? Furthermore, the 19 people who received considerable discounts from Daimler Chrysler for cars purchased.
I have been subpoenaed three times by the NPA and provided information, which has led to two successful prosecutions. Why is it that the other information provided hasn’t been used to date?
The ID will be relentless in the battle to rid South Africa of this plague. We send out the message to all, that we will protect our country. We don’t need another judicial commission of inquiry to waste taxpayers’ money. What we need is for the NPA to investigate and charge those alleged to be involved in the arms deal. I thank you. [Applause.]
APPEAL TO DECLARE STILFONTEIN A DISASTER AREA
(Member’s Statement) Mnr P J GROENEWALD (VF Plus): Agb Speaker, die VF Plus het reeds op 19 April 2005 die President versoek om die proses aan die gang te sit om Stilfonteingebied tot rampgebied te verklaar. Tot op hede is nog niks gedoen nie, en is daar geen staatshulp aan mense wat honger ly nie.
Die ANC-burgemeester van Klerksdorp, wat moet begin met die proses van die verklaring van ‘n rampgebied, sloer nou al drie-en-‘n-half maande daarmee. Dit getuig òf van onbevoegdheid òf ‘n onwilligheid om Stilfontein tot rampgebied te verklaar.
Die ANC-beheerde provinsiale regering is net so laks met die hele proses. Die boodskap aan die mense is duidelik: Die ANC gee nie ‘n flenter om vir die gemeenskap van Stilfontein nie.
Tans moet kospakkies steeds aan minstens 1 200 inwoners uitgedeel word, maar die fondse droog op. Daar kan nou met reg gevra word: Gee die ANC- regering werklik om vir mense wat honger ly?
Die VF Plus doen weer eens ‘n beroep op die Kantoor van die President om daadwerklik in te gryp, en die gebied tot rampgebied te verklaar én sodoende geld beskikbaar te stel om mense te voed. Dankie. Tussenwerpsels.
[Mr P J GROENEWALD (FF Plus): Hon Speaker, already on 19 April 2005 the FF Plus requested the President to set the process in motion to declare the Stilfontein area a disaster area. To date nothing has been done, and there is no state aid to people who are starving.
The ANC mayor of Klerksdorp, who has to start the process of declaring a disaster area, has been dragging his heels for three and a half months. This is evidence of either incompetence or an unwillingness to declare Stilfontein a disaster area.
The ANC-controlled provincial government is just as lax with the entire process. The message to the people is clear. The ANC does not care one bit for the community of Stilfontein.
Currently food parcels are being distributed to at least 1 200 inhabitants, but the funds are drying up. This begs the question: Does the ANC government really care about people who are starving?
Once again the FF Plus calls on the Office of the President to intervene forthwith and to declare the area a disaster area and thereby make money available so that these people can be fed. Thank you. [Interjections.]]
PEACE MNISI WINS FILM AWARD
(Member’s Statement)
Mr D M GUMEDE (ANC): Madam Speaker, the ANC salutes Peace Mnisi, a ten-year- old boy from Mpumalanga, who wrote and stars in the film Mibiya and his cow. At the Ciak Junior Competition in Italy, which took place in May this year, the film won the grand jury prize for the best film; best film voted by the children; best film voted by television broadcasters; best African film; and the local mayor’s award for excellence.
Peace, for whom this was a first appearance on film, was also nominated for the best actor award. Mnisi’s great achievement emphasises the need for government, at all levels, the private sector and the arts community at large to continue to concentrate on the issue of creating opportunities and making expertise available to all our people and, in particular, the formerly disadvantaged communities.
The ANC congratulates Peace on becoming a source of national inspiration and pride. His success, which is ours too, demonstrates, among many things, that indeed the doors of learning and culture are progressively being opened to all the people of our country, black and white, united in our diversity. I thank you. [Applause.]
CRIME IN JOHANNESBURG
(Member’s Statement)
Mrs S M CAMERER (DA): Madam Speaker, if perceptions about crime in our country are valid then it’s very difficult to marry them up with the alleged statistical reality that crime is stabilising, and in the case of certain crimes, such as murder and rape, actually decreasing.
I represent a large section of the northern suburbs of Johannesburg and I’m constantly contacted by my constituents who believe crime is out of control again. Recently, there was a spate of horrific murders in the Blairgowrie area. Several women in the Craighall and Bryanston areas have recently been hijacked in their cars and beaten up, or have been victims of robbery and assault in their homes.
The Johannesburg newspapers and radio stations are awash with such stories from all over the city. Indeed, statistics show that perceptions about crime in Johannesburg are increasingly negative. According to a recent ISS survey, over 60% of residents believe that crime has increased over the past three years, nearly 80% of people feel unsafe walking alone in their areas after dark, and statistically they are quite right.
The DA demands answers from the responsible Minister on what can and will be done about the worsening crime situation in Johannesburg. Thank you, Madam Speaker.
THE FREEDOM CHARTER FAILED THE PEOPLE
(Member’s Statement)
Dr S E M PHEKO (PAC): Madam Speaker, with the vociferous noises that have been made about the Freedom Charter, millions of people would have expected Kliptown to be a model of excellence in development terms that enjoys the benefits of all the declarations made in the freedom cheater. But, the residents of Kliptown themselves bear witness that this charter has failed the African people and the poor of this country just as the PAC warned 50 years ago, that the Freedom Charter was a betrayal of the land question.
The conundrum today, of course, is that the proponents of the Kliptown charter themselves no longer believe in its tenets except in rhetoric. They have shifted away into enclaves of capitalism and neo-liberal policies. The commemoration of 50 years of the demise of this charter would be more appropriate. [Interjections.]
The foundation for the charter’s anticlimax is the austere and conservative policy of Gear. There is a deafening realisation, which resonates in the experiences of the African people and the poor, that South Africa is yet to belong to all who live in it. [Interjections.]
Let us not delude ourselves. This country belongs more to the minority than the land-dispossessed and wealth-deprived Africans. This is a political reality. [Interjections.] The Freedom Charter remains the freedom cheater it was 50 years ago. [Laughter.] It serves the interests of plutocracy. I thank you. [Time expired.]
AGREEMENT BETWEEN EKHURLENI METRO AND ESKOM
(Member’s Statement)
Ms L L MABE (ANC): We appreciate the recent historic agreement serviced by Ekhurleni Metropolitan Council and Eskom, the service provider for the provision of free electricity in areas that are directly provided by Eskom.
In those areas our people were not receiving their fair share of free basic services as promised by the ANC-led government. This will not only benefit the poor and the indigent, but even those who are capable of paying. The provision of these basic services to all our people regardless of race, gender or age stands at the heart of the ANC’s efforts to create a new people-centred society, a society that affirms the dignity of humanity.
We call upon other municipalities to emulate the example of Ekhurleni in providing services to their citizens. The ANC salutes Comrade Duma Nkosi, the mayor of Ekhurleni, and his team for the sterling work they continue to do to help realise the dream of a better life for all our people. I thank you. [Applause.]
MUGABE’S REGIME OPERATION MURAMBATSVINA
(Member’s Statement)
Mr W J SEREMANE (DA): Thank you. Government’s failure to speak out against the Mugabe regime’s Operation Murambatsvina, which means clearing away trash, is shameful.
The UN human rights organisations, as well as a number of church groups, have expressed revulsion at such inhuman treatment of a people by a government that is supposed to protect them.
Hundreds of thousands of Zimbabweans now find themselves homeless in the midst of a bitterly cold winter. Today we hear people are being prevented from feeding themselves with small-scale urban agriculture, which is increasing the threat of starvation.
The sovereignty of Zimbabwe cannot override the fundamental human rights of citizens. This is what the South African government should clearly say to President Mugabe, instead of saying, Comrade Mugabe, you are free to do as you please, no matter the degree of human suffering it may cost. It is high time that President Mbeki expresses South Africa’s outrage at the shocking human rights violations next door to us. People are not trash. When you call them trash, you sow the seeds of genocide. Mark my words. Thank you. [Applause.]
GAUTENG GOVERNMENT’S HIV AND AIDS PROGRAMME
(Member’s Statement)
Ms N C KONDLO (ANC): Madam Speaker, the ANC is committed to the continued improvement of the health of the nation as part of an effort to realise the goals of a better life for all.
In this context, we commend the Gauteng provincial government on increasing its HIV and Aids allocation by 30%, which is also aimed at prioritising the health of women and children. This shows that the ANC cares.
We further commend the ANC-Gauteng provincial government on exceeding last year’s targets in implementing the comprehensive HIV and Aids prevention treatment and care programme. Despite the challenges we continue to face in the transformation of the health sector, the victory scored by the Gauteng health department shows that the ANC policies are the correct response to deal with the damage done by years of white minority rule.
Let us work together with our government to improve the health of the nation, including strengthening our efforts aimed at the implementation of the comprehensive HIV and Aids prevention, treatment and care programme. Thank you. [Applause.]
The SPEAKER: Hon members, by virtue of the IFP not taking their slot, we have a list that indicates who comes next. The ANC has another slot.
TWO ADDITIONAL SABC LICENCES
(Member’s Statement)
Ms K R MAGAU (ANC): Thank you, Madam Speaker. The ANC applauds and celebrates the decision taken by Icasa to grant the SABC two additional licences to establish two additional TV channels. We are happy that the public broadcaster will use these two channels to broadcast in indigenous languages. We are not surprised at the stance taken by the DA since the announcement was made by the SABC to establish SABC 4 and 5 as regional stations to cater for the previously disadvantaged languages.
The DA has been consistent over time in opposing any attempt by the ANC-led government to transform our society. Affirmative action is conveniently viewed by the DA as reverse racism.
When government facilitates interaction with communities through their languages, suddenly the issue of rands and cents becomes an issue. If not that, then the government is trying to establish its propaganda machinery. This is nothing else but an attempt by the DA to keep our people ignorant of their constitutional rights and services that this government is rendering to our people. I thank you. [Applause.]
INVESTIGATION OF ARMS DEAL
(Minister’s Response)
The MINISTER OF FINANCE: Madam Speaker, I would like to respond to two of the statements.
First, very briefly, in response to the statement by the hon Pheko: Unfortunately, the hon member is lost, and has been lost for a very long time. This is the Parliament of the Republic of South Africa. He believes he is in “Azania”. He is in the wrong place, and that is why he doesn’t understand the present history, and has no clue of the future.
There is no point in wasting our breath on him, but we should call on him to desist from distorting history by distorting the name of the Freedom Charter. We will not stand for that! He is a leader of the people, and if he believes he is a leader then he must show respect for our history. [Applause.]
I would like to respond to the hon De Lille more particularly. You see, her claims that the Terry Crawford-Browne document is now the De Lille document is quite disingenuous. [Laughter.] She should desist from naming people in the way that she does, because if she does so, then she must be prepared to name those names outside.
You see, what’s very important about the issues that she raises here is that these have been matters of thorough, ongoing investigation. The two Chapter 9 institutions and the NPA sat in this House and reported on their findings. That she doesn’t accept those findings suggests that she doesn’t accept the supremacy of the Chapter 9 institutions, and therefore she disregards the Constitution. That’s the fundamental problem.
In respect of the choice of weaponry that we bought, we didn’t go to a bargain basement sale to find the cheapest aeroplane on the market. We wanted to equip the Air Force with the best. Similarly, in the purchase of the corvettes, we wanted to equip the Navy with the best. So, that it wasn’t the cheapest is neither here nor there. [Interjections.][Applause.]
All that that does is to show two things. The first is that the hon De Lille has no idea of what she is talking about. And the second is that she is a useful idiot in the hands of those who failed in their bid to secure the contracts. [Interjections.]
Thank you very much, Madam Speaker. [Interjections.] [Applause.]
TAXATION LAWS AMENDMENT BILL
AND
TAXATION LAWS SECOND AMENDMENT BILL
(First Reading debate)
Dr R H DAVIES: Madam Speaker, let me just assure Mrs De Lille that after that little bit of excitement there is some real excitement coming up now – the Taxation Laws Amendment Bill. [Laughter.]
A few weeks ago in this House, we approved the Appropriation Bill authorising the expenditure proposals put forward in the 2005-06 Main Budget. Today we have before us two Bills that will complete the legislation required to authorise the 2005-06 Main Budget.
The Taxation Laws Amendment Bill basically gives effect to the tax proposals put forward in the Budget Speech. There are also some urgent anti- avoidance measures provided for. Since the Joint Tagging Mechanism ruled that a number of these are beyond the scope of a money Bill as defined in the Constitution, as amended, these are provided for in a separate section 75 Bill which is known as the Taxation Laws Second Amendment Bill, which is also tabled before the House today.
I should just remind the House that the Main Budget proposed an adjustment to the personal income tax tables that offers tax relief to individuals totalling R6,8 billion. The biggest proportional relief is provided for lower-income taxpayers who receive as much as a 35% reduction in their tax liability.
There are also additional allowances for taxpayers over the age of 65; corporate taxes decreased from 30% to 29% for larger companies; and there is additional tax relief, as well as simplified tax procedures, for small businesses. On the other hand, taxes on some goods and services – alcohol, tobacco, air passenger departure fees and fuel levies - are all increased.
The money Bill before us today gives effect to all these proposals and the section 75 Bill provides mainly for clarification of the definitions of ownership with respect to depreciation allowances and a few other anti- avoidance provisions. A more comprehensive discussion document on general anti-avoidance measures is in preparation and will hopefully inform legislation on anti-avoidance measures that will be placed before the House in the future.
Since Parliament and the portfolio committee cannot yet amend money Bills, the practice has developed of a draft tax law Bill being published for comment and then presented to the portfolio committee, after whose deliberations the final Bill is then tabled. The portfolio committee organises public hearings on this draft Bill.
In these public hearings the only really controversial issue placed before us was in respect of the proposal to cap tax benefits for car allowances at the value of a vehicle of R360 000. This means that if you drive a vehicle whose value exceeds R360 000, you will not be able to claim any additional tax relief beyond that which is available to someone driving a vehicle valued at R360 000.
The aim of this provision is clearly to curb the practice that was observable in the recent past of the fiscus effectively subsidising the provision of high-priced luxury vehicles to highly paid corporate executives. Most of the submissions which we received, which were critical of this proposal, argued that it would have unintended negative consequences on the motor industry, as well as increasing the incidence of taxation on wealthier individuals.
The latter point, I must say, did not command much sympathy among many committee members and the majority of the committee were satisfied that the National Treasury and Sars had based this proposal on thorough, careful consideration of all the issues, including the impact on the industry, based on thorough research and a modelling exercise. The modelling exercise concluded that any negative impact on the motor industry in South Africa would be negligible.
Although this provision, together with the adjustments of the allowances at lower vehicle values are fundamentally aimed at reducing the scale of this concession and increasing the takes of the fiscus, committee members also identified a number of other potential benefits of this capping proposal.
The most expensive luxury vehicles tend to be heavy on petrol, and so there is a potential saving on the fuel import bill, as well as a potentially positive environmental impact. Most South African manufactured cars also retail for under R360 000, with higher priced vehicles being largely imported models. So, there will hopefully also be some incentives to buying South African manufactured goods. In short, the majority of the committee . . . [Interjections.]
The SPEAKER: Order! Could hon members please lower their voices?
Dr R H DAVIES: Yes, it is the excitement of this Taxation Laws Amendment Bill, Madam Speaker.
In conclusion, the majority of the committee members were satisfied with this provision, as well as other provisions in this Bill. I therefore have pleasure in commending this legislation to the House. Thank you, Madam Speaker. [Applause.]
The SPEAKER: Order! Hon members, before I call on the next speaker, hon Davidson, may I also say that I have been informed that this debate will deal with both the Taxation Laws Amendment Bill and the Taxation Laws Second Amendment Bill. So, it is one debate dealing with two different Bills.
Mr I O DAVIDSON: Madam Speaker, these Bills give effect to the Budget proposals of the Minister, passed by this House and, in line with our own position during the Budget process, we will be supporting the Bills.
Now it is not my intention to pass comment on what are in essence technical Bills, but rather to address the need for government to expand on the details of its tax policy going forward. The technicalities of SA’s tax system are often debated; the philosophy behind it is seldom, if ever, spelt out.
Clearly, we welcome amongst others the reduction in corporate tax, the raising of the minimum income tax threshold and the raising of interest income exemption. All of these measures will help create a more competitive direct tax regime capable of supporting investment and economic growth. And clearly that has to be our objective. Not a race to the bottom, but to design a tax system, which addresses the many needs of our country, but at the same time attracts international capital.
In a globalised economy where capital is highly mobile we are competing with other countries. Therefore the creation of a competitive regime must be our principle aim.
In this connection it is interesting to see the link, noted in the latest World Competitive Yearbook compiled by the IMD School of Management in Lausanne, Switzerland, between the top ten competitive countries and corporate tax rates.
What has become clear is that we need to start thinking creatively about our tax competitiveness. Corporate tax rates are constantly falling around the world. The corporate tax in OECD countries fell by 6,5% on average between 1996 and 2003, and they will continue to do so as we move further into the global age. Gerhard Schröder, the German Chancellor, has just proposed a cut in corporate tax from 25% to 19%.
More significantly, KPMG, and I said this before in this House, in a survey last year showed that the average effective corporate tax rates for emerging markets was only 24%. A more direct comparison of countries against which SA competes for capital and investment, namely Malaysia, Morocco and Indonesia, have effective tax rates of 28%, 33% and 30% respectively. Egypt has just announced that their maximum tax rate for both personal and corporate is now 20%.
Certain countries in Eastern Europe, such as Russia, Romania, Georgia, Ukraine and Lithuania have introduced flat tax rates. Slovakia and Russia have actually seen tax revenues rise.
Now the point of all this is that clearly competition is becoming more intense. In SA, despite the lowering of our corporate tax rate from 30% to 29%, our effective tax rate remains around 37%, mainly because of the secondary tax on company profits.
In the last fiscal year, corporate tax contributed an estimated 19% of tax revenue to the fiscus, up from 11,9% ten years ago, and if you add the secondary tax to that it comes to 21% as opposed to 13% ten years ago – and that is with the secondary tax rate halving during the same period. In contrast, corporate tax revenue as a percentage of total tax revenue averages round 9% in OECD countries and therefore we are way ahead of our competitors.
Clearly as a total share of the tax pie the SA corporate tax burden is by international standards one of the highest in the world. For a country that is trying to attract more foreign and local investment this must be a negative. The imperatives of the global economy are making it harder for countries to levy taxes, as they would like. Freer trade makes it easier for companies to move to low tax destinations and faster communications make it easier to locate new services abroad.
Tax policy, more particularly the philosophy behind policy, needs therefore to be reviewed and communicated. Instead of ad hoc annual adjustments government needs to provide both certainty and incentives by setting out what it plans, over what timeframe and under what conditions. A target corporate rate of say 25% and a time period over which it will be implemented will, I believe, have a powerful and immediate effect on investments and growth. I thank you. [Applause.]
Mr T E VEZI: Madam Speaker, the Taxation Laws Amendment Bill and Second Amendment Bill are procedural pieces of legislation that give effect to the announcement made by the Minister of Finance in his presentation of the annual Budget.
The IFP welcomes the various taxation measures that are designed to lower the compliance costs of business. The IFP expresses its appreciation that the transfer duty threshold has been raised, particularly in respect of lower priced properties. However, we feel that the proportionate increase in the upper limits of the five per cent category is relatively low, taking into account properties in excess of R330 000. Current property prices indicate that these values no longer represent the high range of residential property prices. We believe that a culture of home ownership should be encouraged, particularly where residential property normally represents wealth accumulation, often for retirement.
The increase in both primary and secondary rebates by material amounts is welcomed, as the tax burden on low-income earners will be reduced.
In conclusion, most of these items were adequately dealt with by the hon Minister of Finance in the Budget Speech. It is therefore pointless preaching to the converted.
The IFP supports the Bills. I thank you.
Mr K D S DURR: Speaker, the process and the progress of these taxation Bills have been exemplary, if I may say so.
The enthusiasm of Sars and the Treasury to inform us over days and weeks in the portfolio committee cannot be faulted and we thank them for that.
The tax laws are complex and last year in this debate the Minister announced his commitment to a tax rewrite, even though one is aware that our tax rates and effectiveness are highly rated worldwide. This year and each year we refine and improve our system, and we have done so again, but I believe the time has come for a simplification of the whole process and to begin to think fundamentally de novo about the whole system of how we tax. Essentially we are reinforcing and improving all the time on an old tax system.
As Messrs Owen and Harrison write in the Economist, they “… worry that tax codifiers and tax dodgers are locked in a mutually destructive arms race”. The best way to fight tax avoidance, Minister, and to promote compliance is simplicity and low rates. Has the time not come for us to break out of this mould and think afresh?
Inter alia, I believe that we should be investigating various forms of flat- rate taxation. The Americans are talking about it. In Russia, Georgia, Lithuania, Estonia and Latvia, one way or another, they are doing it. Let us also look at it; let us simplify our tax.
Countries are implementing flat taxes for reasons of cost, compliance, fairness, simplicity, etc. Even the social democracies of Western Europe, like Spain and Germany, are looking at flat-rate taxes. It has been found that repealing progressively high tax rates will not erode the tax base and the poor are helped on the expenditure side, such as in New Zealand. People have started working harder as flat-tax rates sharpen the incentive to work.
The ACDP supports a form of flat-rate tax called TEAL, Total Economic Activity Levy, that could be levied at a low, low rate, perhaps 0,01% as a tax on both sides of all financial transactions excluding bonds and guilds, but there may be other ways of skinning the cat.
The financial institutions and banks would automatically and electronically collect the tax whenever one of the myriad transactions takes place each day. Let us modernise and look at the new opportunities the electronic age has opened also for tax reform. Let us simplify and modernise our tax system.
I thank you, Minister. I do not know whether I will be addressing this House again. It is my intention to leave Parliament at the end of next month. So, I bid all my colleagues and friends in this Parliament adieu. It has been a great pleasure and an honour for me to serve here. I have been particularly proud, Madam Speaker, when our President spoke last week to put SA on the side of the angels. I am proud to have been part of that whole process and I wish you all well. I thank you. [Applause.]
Mr R B BHOOLA: Madam speaker, the MF acknowledges and accepts the Bills that this Bill serves to amend in regard to section 77. The new rate structure regarding the acquisition of property is found to be fair and approved.
Further, the changes regarding personal and company taxes are also found to be suitably drafted and accepted. In regard to rebates, we find that the rebates for normal citizens are fair. However, we feel that the rebates for persons over 65 years of age should be reviewed and reduced to a smaller, more suitable amount.
Further, stipulations regarding travel allowances and car allowances are both adequate. Provisions made towards small enterprises are found to be well devised and shall benefit our economy in the long run.
Our provisions regarding passenger taxes are found to be fair; however, it is felt that passenger taxes should be bulky in comparison to travel.
Bank charges are happily seeing a decrease. In view of section 75, the MF has no objection to the provisions made in this Bill, and the Bills these amendments serve to address and correct.
The MF supports the provisions made regarding deposits towards the supply of goods or services. Further allocations and restrictions made towards public entities are found reasonable and a necessity to ensure proper management and delivery. Exchange control and tax amnesty have also received much attention and the MF finds that the application of such provisions would be of great benefit.
Further, no provisions and applications are made regarding the mineral and petroleum taxes that are respected and found to be necessary. All amendments have been found to be well devised and in each provision it is evident that the best interests of the community and our economy is being catered for.
The MF supports the legislation. Thank you. [Applause.]
Mr B A MNGUNI: Madam Speaker, hon Minister and colleagues, this Bill seeks to effect the tax proposals and other incentives announced by the Minister in his Budget Speech earlier this year. Otherwise the rest are consequential technical amendments.
There is, in essence, nothing controversial about this Bill as the ideological thrust of the tax policy and the economy in general took place during the Budget debate and to some extent during the budget debates of different departments.
I would like to highlight just a few clauses from the two Bills that seek to address economic growth and job creation. Clause 1 is the amendment of section 2 of the Transfer Duty Act of 1949. This clause increases the threshold of value of fixed property that is exempted from transfer duty from R150 000 to R190 000 and above this threshold, that is R190 000 up to R330 000, one would expect to pay transfer duty of five per cent, and on more than R330 000, a transfer duty of eight per cent.
The objective of this amendment is to enable people to have houses, especially first-time owners, and to encourage property investment. We are all aware of the booming property market and the price of houses, which makes an own home unaffordable for an average income earner.
The purchase of residential property has a knock-on effect on many other issues that impact positively on our economy and the socioeconomic issues in general.
Clause 3 of the Bill deals with the increase of primary and secondary rebates as the hon Vezi has said, which in effect increases the primary rebate from R5 800 to R6 300, and increases the secondary rebate for persons who are 65 years old and over from R3 200 to R4 500.
The tax assured is effectively increased to R35 000 for persons who are under 65 years of age and R60 000 for persons who are 65 years old and older.
This will increase the propensity of consumers to save, which in return, to put it in textbook economics terms, will improve the resilience of the economy to external shocks and promote economic growth and job creation and all other minimal effects which at the end of the day bring about a better life for all.
The amendment of section 12(e) of the Income Tax Act of 1962 gives effect to the proposal by the Minister to expand categories of companies that should qualify for small business relief incentives. These companies include the services sector, which is one of the prominent growing sectors as far as small business is concerned.
Small businesses, which are providing personal services, will be eligible for the relief if the company or the close corporation maintains at least four full-time employees for the operations of the business. On the other hand, this enhances compliance of the professions engaged in personal services, as they will no longer be able to create shell companies in order to avoid PAYE.
Small businesses are further promoted by the introduction of accelerated depreciation over a three-year period. This is in addition to an immediate 100% write off of an incentive that is in place in respect of manufacturing assets. The turnover limit for small businesses is also further increased from R5 to R6 million.
To further promote economic growth and job creation clause 24 seeks to increase the skills development levy threshold from R250 000 to R500 000 and does away with qualifying requirements, which state that the business should not have employees liable for PAYE in order to qualify. This is another relief for small business corporations and reduces compliance costs.
Everybody is increasingly becoming aware that small businesses are the key drivers of economic growth in most developed countries and they provide valuable job opportunities. I would further wish to remark that David Newton, Joseph Stiglitz and other tax experts refer to tax structure and the development of the economy that you need to review your tax system, but that is dependent actually on your tax structure and the development of the economy, because developing economies cannot put in tax systems that would, at the end of the day, see them lose revenue because they need that revenue for economic growth and to address other social ills in order for them to be on par with developed countries.
On behalf of the committee I would further like to wish hon Kent Durr well, after his life in Parliament. I hope he has found more challenging jobs and that his life will improve. I thank you, Chair. [Applause.]
The MINISTER OF FINANCE: Chairperson, hon members, may I express our appreciation to the various speakers from the parties in the House for supporting the broad thrust of the Bill.
Of course, the debate is not about the Bill. The debate is about tax policy, about which hon Davidson is very topical again, certainly in the light of the impasse which has arisen in the context of the European Union.
What do you allocate, who do you take from and how do you exercise those choices? So, Tony Blair arguing for the maintenance of the rebate that the UK has against the common agricultural policy, which has kept French farmers happy, comes back to exactly the same issue. If you want to exercise those choices and spending you must be able to exercise the choices on how you tax.
And then in dealing with the issues again we must be clear about the available sources of taxation. Now the flat taxes appear very topical, but they stand apart from other issues. What none of the proponents of flat taxes argue is that roughly a third of European Union taxes are social security taxes, which we don’t have in this country. So if you want to compare then it’s important that you compare the totality of our contribution with the totality of contributions in other countries. So if we add in the social security taxes in Europe then the position looks very, very different.
Also, hon Davidson, we’d covered the effective tax rate and again in the context of Europe, as against the KPMG arguments in South Africa, in almost all of the countries where they look at the situation there is tax and dividends in place.
We are saying take out the secondary tax on companies, which is actually not a tax on companies. It’s a tax on dividends at source. If you do that then clearly the picture looks very different.
But what we need to understand about tax policy in the context of fiscal policy is what South Africa is. What South Africa is, is a country very deeply divided between rich and poor and if we believe that we can adopt exactly the same tax policies as you can in a country that has a strong across-the-board endowment in education, strong across-the-board endowment in skill, strong across-the-board wealth quite evenly spread in the country, then you will make a fundamental mistake in this country.
So that balance between how we tax and how we spend is a fine line that you have to walk. But in walking that line we have to be able to come back to this House and debate these issues. But we can have a debate on fiscal policy outside of the debate of this.
I think that Parliament should, in fact, take the opportunities of quiet afternoons like this and not look at the technicalities of a piece of legislation like this, but try and understand where the decisions that we take in this House will take the country this year, next year, over the five years and over the ten years, and how we find ourselves in South Africa.
Those are the kinds of issues that I believe belong on the Order Paper of this House. But, again, let me express my sincere appreciation to everybody and allow me to single out the hon Kent Durr. Bonne chance! [Good luck!] We wish you everything of the best as you have your medical treatment and for your life ahead. Thanks so much, Chairperson. [Applause.]
Debate concluded.
Bill read a first time.
TAXATION LAWS AMENDMENT BILL
(Second Reading debate)
There was no debate.
Bill read a second ti.e.
TAXATION LAWS SECOND AMENDMENT BILL
(Second Reading debate)
There was no debate. Bill read a second time.
CONSIDERATION OF RECOMMENDATION OF MR MTHOBELI M ZOKWE
AS COUNCILLOR TO FILL VACANCY ON ICASA
Question put: That Mr Mthobeli M Zokwe be recommended for appointment as councillor to fill a vacancy on the Council of the Independent Communications Authority of South Africa.
Declarations of vote:
Ms S C VOS (IFP): Chairperson, it is common knowledge that the Independent Communications Authority of South Africa lacks the capacity both in human and economic resources to function properly in terms of its legislated mandate. Icasa is known to be a weak and underfunded regulator. This is one of the reasons why South Africa battled to attract international investment in the second national operator and competition in the telecommunications industry has been critically delayed while Telkom tariffs and profits have soared.
Cabinet is tomorrow discussing, again, a Bill to amend the ICASA Act, precisely in an attempt to rectify this problem. The ICT industry is recognised as a fundamental economic driver. It is therefore astounding and extremely disappointing that the ANC majority in the Portfolio Committee on Communications in the NA decided, in the opinion of the IFP, to ignore the ICASA Act and proposed to Parliament and the President that a person wholly unqualified for the position be appointed as a councillor of ICASA.
The ANC has chosen, yet again, to flex its majority muscle and totally ignore opposition pleas for skills to take precedence over the ANC’s repeated quest to provide jobs for pals. In terms of the law, the ICASA Council must, when viewed collectively, be comprised of persons who possess a various range of skills. Mr Zokwe does not possess those skills. A former ANC and COSAW organiser, he is not in a position to do the job that we want him to do.
The IFP regrets to so publicly discuss Mr Zokwe, but believes Parliament and the Portfolio Committee on Communications cannot continue to pack the ICASA Council and the SABC Board, for that matter, with, for the most part, party-political favourites while rejecting the kind of critical skills available and required by law. A crippled ICASA is going to be disastrous for South Africa’s economy. The Minister here knows it full well, as do consumers in general.
Experience has shown us that many excellent and highly skilled candidates are short-listed for the sake of form but are continually thrust aside and never seriously considered due to their lack of political legitimacy or in many cases simply because they are white and not black. This cannot go on! Thank you. [Applause.]
The CHIEF WHIP OF THE OPPOSITION: Chairperson, one of the things wrong with South Africa is the fact that the ANC feels that it has to control every single section of our South African life. [Interjections.] Everything in this country has to be controlled by the ANC. [Interjections.] Whether it’s the Defence Force, whether it’s the opposition political parties, whether it’s the representation to the Pan-African Parliament, whether it’s the judiciary, whether it’s - you name it – the ANC feels that it has to be in control of it. That is a very bad aspect of a democratic country. [Interjections.] What we have today is a manifestation of exactly the same thing.
The person being proposed here for appointment today is, no doubt, a very nice person. I am sure there is nothing wrong with him as a person. But the fact is he is by far not the best person who could be put on this board, and the members who served on the selection committee will know that.
I hope they feel quietly ashamed of themselves, because what is happening in this country is that instead of appointing the best on or going out and looking for the best, what we do is we appoint the people who are going to be politically reliable. And I think you should be ashamed of yourselves. We are not going to help you in this. [Interjections.] [Applause.]
Mnu M S KHUMALO (ACDP): Sihlalo, siyabonga. I-ACDP ayimeseki uMnu M Zokwe. Isimo esikhona manje seziteshi zemisakazo yomphakathi asisihle uma ubona iziteshi zemisakazo yomphakathi yezenkolo eziba senkingeni ngayo. Ngaleyo ndlela i-ACDP ibingathanda ukuthi umuntu onjengalo ofakwa lapha kube umuntu ozoba nozwela kulezo zimo ezinjengalezo. Ngiyabonga. (Translation of Zulu declaration of vote follows.)
[Mr M S KHUMALO (ACDP): Chairperson, we thank you. The ACDP does not support Mr M Zokwe. The present conditions at the religious community radio stations are causing problems. The ACDP wishes that this position be filled by a person who would have sympathy for and address these conditions. Thank you.]
Mr M K LEKGORO (ANC): Chairperson, the hon member from the ACDP, who has just spoken before me, doesn’t even know what we are talking about. He just played it by ear. [Laughter.]
In the process of appointing a councillor, people who are short-listed and interviewed go there at our invitation. To stoop so low as to vilify them in the media because the selection didn’t go your way, I think, is undermining this process.
The actual point that the hon Suzanne Vos made in her press statement was that we continue to thrust aside candidates because they lack political legitimacy and simply because they are white not black. That is the actual contestation. [Interjections.] You see, the candidate we selected is black and has an ANC background.
Now, according to this kind of thinking, if you have an ANC background these things are too sophisticated for you and you don’t know them, and all you know is how to conduct a revolution. That is the thinking they want to thrust upon us. [Interjections.] And we refuse to be led into that kind of thinking.
We considered all candidates and we are not prepared to vilify the other candidates that were not selected for any reason. We are just saying that we had a selection and preferred this candidate who has the actual qualifications for the job, who has been in this industry. And as a result, Chairperson, we ask you to request the House to accept our selection. Thank you. [Applause.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Order! Are there any objections to the House recommending the appointment of Mr Mthobeli M Zokwe? I hear there are objections. [Interjections.] Order! Give the Chair an opportunity. [Interjections.] I think the ayes have it.
Division demanded.
The House divided:
AYES - 172: Abram, S; Arendse, J D; Asiya, S E; Asmal, A K; Balfour, B M N; Baloyi, M R; Bapela, K O; Benjamin, J; Bhamjee, Y S; Bhengu, F; Bhengu, P; Bhoola, R B ; Bloem, D V; Blose, H M; Booi, M S; Botha, N G W; Carrim, Y I; Chikunga, L S; Chohan-Khota, F I; Combrinck, J J; Cronin, J P; Cwele, S C; Dambuza, B N; Davies, R H; Dikgacwi, M M; Direko, I W; Dlali, D M; Fihla, N B; Frolick, C T; Fubbs , J L; Gabela, L S; Gcwabaza, N E ; Gololo, C L; Goniwe, M T; Greyling, C H F; Gumede, D M ; Gumede, M M; Hendricks, L B; Hogan, B A; Huang, S; Jacobus, L ; Jeffery, J H; Joemat, R R; Johnson, C B; Johnson, M; Kalako, M U; Khoarai, L P; Kholwane, S E; Khumalo, K M; Khunou, N P; Kondlo, N C; Koornhof, G W; Kota, Z A; Landers, L T; Lekgoro, M K; Lishivha, T E; Maake, J J; Mabe, L L; Mabena, D C; Mabuyakhulu, D V; Magau, K R; Magazi, M N; Magubane, N E ; Mahlawe, N M; Mahote, S; Maine, M S; Maja, S J; Makasi, X C; Malahlela, M J; Maloney, L; Maluleka, H P; Manuel, T A; Martins, B A D; Maserumule, F T; Mashangoane, P R; Mashiane, L M; Mashile, B L; Masutha, T M; Mathebe, P M; Mathibela, N F; Matlala, M H; Matsepe-Casaburri, I F; Mayatula, S M; Maziya, A M; Mbombo, N D; Meruti, M V; Mfundisi, IS; Mgabadeli, H C; Mkhize, Z S; Mngomezulu, G P; Mnguni, B A; Moatshe, M S; Modisenyane, L J; Mofokeng, T R; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Mokoto, N R; Molefe, C T; Moloto, K A; Monareng, O E; Montsitsi, S D; Morobi, D M; Morutoa, M R; Moss, M I; Mpaka, H M; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E; Ndou, R S; Nel, A C; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcobo, E N N; Ngele, N J; Nhleko, N P ; Nhlengethwa, D G; Nkuna, C; Nogumla, R Z; Ntombela, S H; Ntuli, B M; Ntuli, M M; Ntuli, S B; Nwamitwa-Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nzimande, L P M; Olifant, D A A; Oliphant, G G; Pandor, G N M; Phadagi, M G; Phala, M J; Phungula, J P; Pieterse, R D; Radebe, B A; Ramakaba-Lesiea, M M; Ramgobin, M; Ramodibe, D M; Ramotsamai, C P M; Ramphele, T D H; Reid, L R R; Rwexana, S P; Saloojee, E; Schneemann, G D; Schoeman, E A; Sefularo, M; September , C C; Siboza, S ; Sikakane, M R; Smith , V G; Solo, B M; Solomon, G; Sonto, M R; Sosibo, J E; Sotyu, M M; Surty, M E; Thabethe, E; Thomson, B; Tinto, B; Tobias, T V; Tolo, L J; Tshivhase, T J; Vadi, I; Van den Heever, R P Z; Van der Merwe, S C; Van Wyk, Annelizé; Wang, Y; Yengeni, L L; Zulu, B Z. NOES - 54: Bekker, H J; Blanché, J P I; Boinamo, G G; Botha, C-S; Camerer, S M; Coetzee, R; Davidson, I O; Delport, J T; Dhlamini, B W; Ditshetelo, P H K; Doman, W P; Dreyer, A M; Dudley, C; Farrow, S B; Gibson, D H M; Green, L M; Haasbroek, S F; Jankielsohn, R; Joubert, L K; Kalyan, S V; Khumalo, M S; Labuschagne, L B; Masango, S J; Mdlalose, M M; Meshoe, K R J; Minnie, K J; Mnyandu, B J; Morgan, G R; Mpontshane, A M; Ndlovu, V B; Nel, A H; Ngema, M V; Ntuli, R S; Rabie, P J; Roopnarain, U; Sayedali-Shah, M R; Seaton, S A; Selfe, J; Seremane, W J; Sibuyana, M W; Skosana, M B; Smuts, M; Steyn, A C; Swart, M; Swart, P S; Swart, S N; Van der Merwe, J H; van der Walt, D; van Dyk, S M; Van Niekerk, A I; Vezi, T E; Vos, S C; Woods, G G; Zikalala, C N Z.
ABSTAIN-7: Bici, J; Godi, N T; Likotsi, M T; Nkabinde, N C; Pheko, S E M; Sigcau, Sylvia N; Stephens, M.
Question agreed to.
Mr Mthobeli M Zokwe accordingly recommended for appointment as councillor to fill a vacancy on the Council of the Independent Communications Authority of South Africa.
MEASURES TO RELIEVE OVERCROWDING OF PRISONS THAT WILL NEITHER UNDERMINE THE CRIMINAL JUSTICE SYSTEM, SHORT-CHANGE THE VICTIMS OF CRIME NOR TRIVIALISE THE DETERRENT EFFECT OF IMPRISONMENT
(Subject for Discussion) Mr J SELFE: Chairperson, Parliament has on several occasions this year debated the unacceptably overcrowded conditions in our prisons. Despite this it is worth repeating the reality of what it means to be imprisoned in South Africa.
If any hon member here were to be sentenced to imprisonment you would, in all likelihood, be confined for between 15 and 20 hours of every day to a cell housing at least three times the number of inmates it was designed for. There would not be enough staff to supervise you properly, which means that for most of the day, you would be at the mercy of the gangs that infest our correctional centres.
There is an 80% chance that you would be assaulted and sexually abused by gang members and forced to participate in their activities. Again, because of the shortage of staff, rehabilitation programmes would be limited and could not cater for the large numbers of inmates.
The result of this, Chairperson, is that many inmates emerge from prison more criminalised than when they were admitted, and that far from prisons correcting and rehabilitating their offenders, as they are supposed to do, it very often becomes a university of crime. To overcome these challenges it is plain that the levels of prison overcrowding must be relieved.
Now during his Freedom Day imbizo in George, the Minister announced measures that in his words “would impact positively on corrections”. He said that he would be announcing details of remission of sentence for “certain carefully identified categories of offenders” while assuring the audience of this government’s zero-tolerance approach to crime.
On 31 May the Minister elaborated and told the NA that “anyone who presents a danger to society will not be released under the terms of the envisaged remission of sentence”. However, on the very next day at Pollsmoor prison, bright and early in the morning, the Minister said that, “a maximum of six months special remission of sentence will be granted to all sentenced offenders, probationers, parolees and day parolees irrespective of the crime category”. A further 14 months of remission was granted to certain other offenders.
Now I don’t doubt the Minister’s sincerity in dealing with prison overcrowding in this way, but to give a blanket across-the-board remission of sentence to all sentenced offenders irrespective of their crime category, as he did, sends out entirely the wrong message. It undermines the deterrent effect of imprisonment, it interferes with judicial independence and it short-changes the victims of crime. It stands to reason then that another more creative solution must be sought to solve this problem.
Many individuals and institutions, including the Cabinet cluster, the Judicial Inspectorate of Prisons, the National Council for Correctional Services, eminent judges, our portfolio committee and NGOs, give this problem their continuous attention and yet the prison overcrowding persists. It is caused by the operation of minimum sentences, by the depressingly high rate of repeat offending and by the predilection of magistrates and judges to impose prison sentences for far too many offences.
It is caused by bail being imposed on awaiting-trial detainees at levels magistrates know they can’t afford. It is caused by delays in the judicial processes that lead to detainees languishing in prisons for months and even years. It is even caused by the imprisonment of people who should be accommodated elsewhere, children in conflict with the law and the mentally disabled, to name but two examples.
There are in our view a number of interrelated measures that could/should be applied to relieve prison overcrowding responsibly. The first challenge is the awaiting-trial detainees, some 51 000 of them, costing us R5,8 million per day to accommodate.
While the Criminal Procedure Act has been amended in various ways to allow the review of bail conditions and the conversion of bail to correctional supervision, the courts have tended not to be interested in this option. There were 3 793 applications brought to court, of which only 793 were granted.
I believe that Parliament needs to re-examine the relevant provisions of the Criminal Procedure Act dealing with bail, something that the correctional services and justice committees must do together. But the courts will be unlikely to release ATDs on correctional supervision unless they are satisfied that the accused will not abscond. That requires a community supervision capability the department currently does not possess.
At the moment a mere six per cent of the budget of the department is allocated to community corrections. One effect of that is that many community corrections officers shoulder impossibly high case loads and that inevitably means that some people on correctional supervision abscond and that that unfortunately undermines confidence in the system. Add to this the fact that tracking devices which inmates released on correctional supervision are obliged to wear are in short supply and one can understand the cynicism with which the judiciary view this.
Dealing with the problems of awaiting-trial detainees, however, is only part of the solution to prison overcrowding. We must naturally also deal with those convicted by the courts. The answer to this is, in appropriate circumstances, to divert people and particularly first offenders away from prison except as a last resort.
Nicro in particular has championed diversion but it is an NGO whose resources are limited. Moreover diversion is limited to young offenders and the result is that relatively few offenders are diverted. Secondly, we should release people on parole as soon as they are effectively rehabilitated. Again, both these strategies rely on the Department of Correctional Services putting resources behind the system of community corrections.
Critically, both these options depend on a partnership between the DCS and the judiciary. And the Minister announced only this morning that he was involved in discussions with the judiciary and it would be interesting to hear from him what the results of those discussions are.
Unless the department is prepared to take community corrections seriously and to put the necessary resources behind it, community corrections programmes will not be seen by the judiciary and by the public at large as a punishment with enough deterrent effect to serve as an alternative to imprisonment. To be an effective deterrent sentences of community corrections must have three elements: they must bring home to the offender the wrongfulness of the crime, they must involve those sentenced in major inconvenience, and those sentenced must as part of their sentence contribute directly back to society.
The Minister is aware that we have proposed a system whereby offenders work. We have proposed an extension to the system designed both to serve as a deterrent and to keep appropriate people in conflict with the law out of prison. In essence, this system could involve performing community service as part of an appropriate overall sentence, as part of which he or she is obliged to work cleaning streets, weeding graveyards, clearing alien vegetation, removing pollution from our beaches and rivers every weekend for years on end until the sentence is served. These steps are designed to relieve prison overcrowding.
This is essential if those who are appropriately sentenced to imprisonment by courts, because of the seriousness of their crimes or because of their previous convictions, are to be effectively rehabilitated, because you cannot rehabilitate people in the context of a severely overcrowded prison.
They are also designed to ensure that those who deserve a second chance can be given it without undermining the criminal justice system or short- changing the victims of crime. We hope the government will take this into account. [Applause.]
Mnu N B FIHLA: Mhlalingaphambili, okokuqala masilungise le ndawo yokuba kusithiwa uMphathiswa wathi uxolelo luza kunikwa onke amabanjwa. Ndicinga ukuba ilungu eli libekekileyo kufuneka likhe liye kuxilongwa iindlebe ezi ukwenzela ukuba lize kukwazi ukumamela kakuhle.
UMphathiswa zange ayithethe loo nto, koko wathi la mabanjwa abanjelwe ulwaphulo-mthetho oluxhomis’amehlo bona baza kubekelwa ecaleni. Kuza kushukuxwa imeko yabantu ababandakanyeka kulwaphulo-mthetho olungaxhomisi mehlo. (Translation of Xhosa paragraphs follows.)
[Mr N B FIHLA: Chairperson, let me put straight the point made that the Minister has given parole to all prisoners. I think the hon member must open his ears in order to listen carefully.
The Minister never uttered that statement, but said that those criminals with serious crimes will be placed separately. Discussions will be around the issue of criminals who have committed minor crimes.]
So, what I can tell hon Selfe is that I believe him, but most others will not.
When the previous Pope talked about overcrowding, he stressed that inhuman conditions do not succeed in addressing the problem of crime, but rather deepen it. Where such conditions exist, there is an urgent necessity to reform the system. According to the Human Rights Watch World Report, overcrowding is prevalent in almost every country and it is the root of many of the worst abuses.
In South Africa, overcrowding is frequently cited as the most serious problem facing the prison system. In many instances, overcrowding has led to a lack of basic facilities, such as beds, showers and toilets. There are about 74 000 more inmates in the system than the prisons are designed to handle. The main problem of overcrowding is that there are too many awaiting-trial detainees in the Correctional Services system, and many of them are there because they cannot afford bail.
The implications of these are not confined to the costs to the fiscus of housing and feeding all prisoners. Family life is disrupted and there is a litany of human rights that are being infringed. Problems resulting from overcrowding are not only related to a physical lack of space, there are also profound psychological and social problems.
According to the Department of Correctional Services, one of the effects of overcrowding is that it causes tension, hostility and aggression in both officials and fellow inmates. In some instances, especially where juveniles are concerned, such conditions contribute to their criminalisation and brutalisation. The situation is further complicated by the fact that the adult population is not always separated from juvenile offenders. Juveniles are exposed to serious criminals and, because of their age and vulnerability, can leave prison being more of a threat to society than when they first went in. It is not just that, as a society, we are failing to protect those children who are often the most vulnerable and marginalised in our society, it is also a problem from the perspective that the situation is perpetuating the cycle of crime and, indeed, in many cases making it worse.
Mhlalingaphambili, iSebe leeNkonzo zoLuleko liye lenza into entsha engazange khe yenziwe ngaphambili ngabakhe balawula, yokutsolisa ukuba ingxaki yokuxinana kwamabanjwa entolongweni ayinakho ukuba ingasonjululwa leli sebe lilodwa. Ngoko kufanele ukuba iSebe lezoBulungisa libe nenxaxheba eliyithathayo. Eli sebe lithe ke lenza ukuba kudityanwe liSebe lezoBulungisa, elezoKhuselo noKhuseleko kunye neleeNkonzo zoLuleko ukuze kusonjululwe le ngxaki ngokuthi la masebe aseke inkqubo yezobulungisa ehlangeneyo.
Le ntlanganisela yoxolo nozinzo [peace and stability cluster] iluthathela kuyo uxanduva lokuqinisekisa ukuba xa umntu ebanjwa, kubakho umtshutshisi kunye negosa lezoluleko bahlole loo mntu ukuba ukufanele na ukuba agwetywe ahlale entolongweni, okanye abe phantsi kweliso lezoluleko engekho ntolongweni, okanye abuyiselwe eluntwini kusini na.
This is what is being done presently by this system. [Le yinto eyenziwayo njengokuba sithetha nje yile nkqubo]. Inkqubo eyilwayo endakhe ndayibona phaya kwiinkundla zamatyala ezaziwa njenge-New Law Courts eBhayi iyanceda kakhulu, kwaye iyasetyenziswa nakwezinye iintolongo ngoku, yokuba la masebe adibane ancedisane ngokubhekisele kulo mbandela woxinano.
Nangona lo mba woxinano ingumba onzima nakumazwe aseNtshona, kodwa akhona amazwe aphumelelayo ukuwusombulula, njengelase-New Zealand nawase- Scandinavia. Wona awusombulula ngokuthi athi umntu othe wenza ityalana elingena buzaza akukho mfuneko yakumsa entolongweni. Umntu othi asiwe entolongweni ngowenze ityala elinobuzaza. Yiloo nto eqhubekayo kula mazwe ndiwakhankanye ngentla apha, nto leyo eyenza ukuba angabi nayo le ngxaki yokuxinana kwababanjwa.
Kanti kwamanye amazwe, ngenxa yokuba inkqubo yobulungisa abayisebenzisayo iyile injongo yayo ikukohlwaya okanye ukuphindezela, abakwazi ukuba bangaliluleka ibanjwa balenze liguquke kwisimo salo xa lisentolongweni. Loo nto yenza ukuba umntu aluthiye uluntu ngokubanzi, aphinde enze elinye ityala ukuphuma kwakhe entolongweni. Le nto yenzeka kumazwe amaninzi, kuqukwa noMzantsi Afrika.
Kodwa sizama ukusuka koloohlobo lunjalo lobulungisa, bempindezelo. Sisebenzela ukuba alungiswe isimilo xa esentolongweni umntu, ukwenzela ukuba azisole ngento ayenzileyo abuye abe ngumntu. Sikwazama nokuba sibe namaphulo esiwaqhubayo ukwenzela ukuba uluntu luphela luyiqonde into yokuba abantu abasentolongweni bayaphinda babuye baze kuhlala phakathi kwethu, kwaye ukuba asibenzi bazive bemkelekile phakathi kwethu baye basizonde siluluntu. Ngoko uluntu lunobutyala ngokungabamkeli nangokungabaniki elinye ithuba abantu abavela entolongweni.
Kufuneka sazi ukuba umntu xa enze isono uluntu lunakho ukuba lumbonise ukungalungi kwesenzo sakhe, adityaniswe nexhoba, kuxoxwe kuboniswane. Kwenzeka loo nto koo-New Zealand. Kubakho inkomfa kuxoxwe malunga nesenzo eso solwaphulo-mthetho, kudityaniswe umoni nexhoba elo, ukwenzela ukuba akhululwe umoni angabisaya entolongweni. (Translation of Xhosa paragraphs follows.)
[Chairperson, the Department of Correctional Services has done something that has never been done before and that is to state that this department alone cannot solve the overcrowding in prisons. The cooperation between this department, the Department of Justice and Constitutional Development and the Department of Safety and Security has made it possible to solve this problem by formulating an integrated justice system.
The peace and stability cluster has taken the responsibility of ensuring that when someone is charged there must be a prosecutor and a correctional services official present to investigate the sentence. Where possible the accused can be put in prison or under correctional supervision outside prison or be brought back to society.
This is what is presently being done by this system. A system has been initiated at the New Law Courts in Port Elizabeth that brings relief and has been adopted by other prisons; the departments must work together to fight overcrowding.
Although this is a problem in the western countries, there are countries like New Zealand and Scandinavia that succeeded in solving this problem. They solved these problems by saying there is no need to detain someone who has committed a minor crime. A person who is put in prison is the one who has committed a serious crime. This is the situation in the aforementioned countries that are trying to solve prison overcrowding.
Nevertheless, in other countries, because of the integrated justice system their punishment and revenge system cannot rehabilitate prisoners. This approach makes the prisoners detest society and they commit crimes again. This happens in many countries, including South Africa.
But we are trying to move away from that system of justice, that of revenge. We work towards rehabilitating measures for prisoners, in order for them to feel guilty and to become human beings again.
We are putting projects in place so that people can become aware of the fact that those in prison do come back and join society and if they are not accepted they will dislike the community. Therefore, society will be guilty of not accepting them and not giving them a second chance.
We must understand that when a person has sinned against society, making him face the victim can show him how unacceptable his offence is, and discussions can start from there. That is what is happening in countries like New Zealand. A meeting is held for discussion about the crime committed, and the accused will meet the victim so that the accused can be released without being imprisoned.]
Mrs S A SEATON: Chairperson, hon members, I agree with what both members have said. There are major problems; we’ve got to look at change. I am not going to be able to repeat everything that has been said, because I only have a very short period of time. The fact of the matter is that we all understand that South African prisons are grossly overcrowded; we know the problems are in the main owing to the fact that the justice delivery system has collapsed. We’ve said it before, we are going to say it again, and that is the area that’s got to be looked at.
I agree that we need to meet together, but not only the Departments of Safety and Security, Justice and Correctional Services, but also Social Development, because Social Development also plays a role here with the child facilities. I would go so far as to say that even from an educational point of view we need to look at it, because education comes into it as well.
We agree that there needs to be alternative sentencing. Community corrections and restorative justice are the answers. There are no two ways about that, but we’ve got to start doing it, not just talk about it. There have to be shorter sentences for minor crimes. In fact, we’ve even talked about the decriminalisation of such things as dagga possession over the years. It is time we genuinely started looking at those sorts of alternatives or proposals, rather than just looking at what we can do.
We also believe - the IFP has always maintained this, and I support Mr Selfe in this - that prisoners should work. I believe that there is a far better morale in the prisons where prisoners are kept busy. We need to make sure that they are kept busy in such a way that they learn life skills.
I have always maintained, and I have advocated this for years, that we should be changing our prisons into those sorts of institutions that are manufacturing goods, that are industrialised, or that engage in farming; then those people can become rehabilitated a great deal quicker. They will learn the skills that will help them to be released earlier, that will enable them to be put back on the streets, into society, where they can again become effective members of society.
We also really need to see to it that there is a change in the public perception of people that have been rehabilitated and taken back. We keep on talking about what needs to be done, but we’ve got to do something about getting the communities to accept the people that have now been released and brought back into the communities. Until we do that we are actually going to achieve nothing.
We, ourselves, have got a job to do, and I don’t believe that it is something that only one person, one organisation or one group can do. It is something that we collectively have to do to ensure that when our people are released they go back into society rehabilitated. The only way we are going to do that is by changing the structures of our prison systems in this country. I thank you. [Applause.]
Mr M STEPHENS: Chair, hon Minister, hon members, it is trite that punishment must fit both the crime and the criminal. While expressing the community’s abhorrence of the deed, punishment must never be vengeful, lest the distinction between the actions of the state and those of the criminals become a mere legal technicality.
The deterrent effect of imprisonment is more apparent than real. If it were not so, the number of repeat offenders in our jails would be minimal and not the severe problem that it actually is. The Department of Correctional Services’ paradigm shift to rehabilitation must thus be applauded.
Alternatives to incarceration urgently require further attention. Such programmes are part of the mix of factors that have allowed New York City to reduce crime and prison populations, while helping individuals and communities throughout that city.
Offenders are sentenced to programmes where they receive, under strict supervision, treatment, education and employment training in the community. In addition, restorative justice, in which offenders take responsibility for their crime and for making amends to the victim, has proved very successful in Europe. An element of community payback normally forms part of all sentences for non-violent crimes. Victim participation is maximised, thus meeting their needs in a constructive way.
It follows that there must be greater public, community, and business sector involvement in criminal justice generally. Local authorities and communities must become involved in identifying how offenders can pay them back and make amends.
Decisions about young offenders should be made in a forum such as the youth courts in Germany and Italy that prioritise problem solving over punishment. Community-based and residential incarceration alternatives under strict supervision better serve the needs of often highly damaged young people.
Furthermore, gender-specific community programmes, which meet women’s needs by creating local support and rehabilitation centres, should be developed. Prisons must be used as a genuine last resort, but at the moment they are virtually our only resort. Crime’s true deterrent is a functional, caring society not a retributive penal system with forced labour. Thank you. [Applause.]
Mr Y WANG: Chairperson, Minister, hon members, the Minister has indicated and assured us that this ongoing release of prisoners is a selected and responsible release. We in the ID support policies that are directed at reforming and rehabilitating prisoners. This is progressive and humane, and what is expected from a country that subscribes to the promotion of a firm human rights culture. This cannot be viewed as undermining the criminal justice system or the rights of the victims concerned.
In any event, the cost of keeping prisoners locked up in prison amounts to roughly R42 000 per person per year. That should be seen as a bonus that we are saving, but not as the main reason why we are releasing them. Personally, I think there should be more training facilities involving the prisoners, not that this is the job of Correctional Services, and the fact that especially for … [Time expired.]
Mr M J ELLIS: I rise on a point of order. According to the speakers’ list on my screen, the hon Chikunga has no speaking time whatsoever, so therefore I must ask that you rule that her speaking time has expired. [Laughter.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Yes, the IT has let Mr Ellis down again this afternoon, but the hard copy gives you 10 minutes. Please proceed, hon member.
Mrs L S CHIKUNGA: Chairperson, hon Minister, members of Parliament, comrades, ladies and gentlemen, our Portfolio Committee on Correctional Services, whose members include the DA, adopted a report on recommendations towards addressing the problem of overcrowding in our prisons in May this year. That report was subsequently tabled before Parliament.
Less than a month down the line, the hon Mr Selfe of the DA, has moved a motion that we must debate the issue of overcrowding because he now has better recommendations, which he did not have then. Listen very carefully: He does not add any new recommendation, which is not covered in the report. This happened even before we, as the portfolio committee, we got an opportunity to monitor whether the department is implementing the recommendations that were tabled before Parliament.
This is undermining the House, as well as the people of South Africa who honestly believe that we take our work seriously. What he does best is distort the whole issue of remission of sentences. The issue of remission of sentences should be understood in its correct context, not the hysterically confusing context perpetuated by the DA. [Applause.]
Our Constitution, in section 84(2)(j), outlines the granting of special remissions of sentence to sentenced offenders by entrusting the President with powers to pardon or reprieve offenders, and remit any fines, penalties and forfeitures.
Granting remissions of sentence for offenders is not a new occurrence in our penal history. In South Africa, in the period between 30 March 1990 and 30 June 1994, 94 128 prisoners were granted special remissions. Goodwill and “bursting” remissions of sentence were also granted in December 1990, April 1991 and January 1993.
According to Judge Fagan, and I quote: “Granting amnesty is not new, previous governments have frequently authorised it.” He further states that there have been 19 amnesties between April 1984 and October 2000. According to the DA it was correct for the apartheid government to grant remissions. It becomes wrong when the legitimate people’s government does it within the most conducive, correct, fair and democratic environment. [Interjections.] [Applause.]
As we can see, the granting of remissions is not a new approach in dealing with corrections in this country. In fact, it is in line with our rehabilitation approach. Any attempt to think of special remissions of sentence as the government being soft on crime, would be misleading and extremely incorrect.
Any attempt to regard special remission as an easy solution to reducing overcrowding in our prisons, would equally be incorrect and misleading. The Constitution does not suggest that remissions be granted in order to reduce overcrowding. But the Constitution grants the President powers, irrespective of overcrowding or undercrowding in prisons.
The truth is that granting remissions of sentence to certain categories of offenders is in line with the policy of the Department of Correctional Services, which is to correct offending behaviour and development. The aim is to employ a humane approach when dealing with corrections in this country. It is an attempt to recognise that people can change, and that a second chance is sometimes the catalyst that people require to become functionally productive and responsible citizens. [Applause.]
The planning and the detailed process which led to the granting of special remissions, as was announced by hon Minister Balfour, took into consideration, among other things, the following factors: the powers and functions as outlined in our Constitution with regard to pardoning or reprieving offenders; the granting of remissions of sentence to offenders, which is an international practice exercised in most democracies, DA; the adoption of the White Paper on Corrections in South Africa, and entering our second decade of democracy with the objectives of building on and strengthening the achievements of our first ten years of democracy; a continued zero tolerance towards aggressive, firearm-related, sexual and drug-related crimes - hence these were excluded from remissions of sentence; public interest and concern, and integrity of the public system; the safety and security of the public; the interests of victims of crime; repeat offending by those who gain from the remissions of sentence. All these factors were taken into serious consideration.
The DA and its allies may perceive this as another instance of miscarriage of justice, as it says. Yet, how does one measure the success of rehabilitating individuals, if not by ensuring that they are given another chance to prove their worth to society? History is littered with people who were considered as society’s rejects or terrorists. And when given the opportunity to prove themselves, they did so outstandingly.
We are not for one minute suggesting that all offenders are necessarily good citizens, and that all can be rehabilitated. There will always be those in society who are inherently evil, who will seek to cause destruction wherever they go. Obviously, in these cases there will be no second chances. We know this and can never overlook it, as we responsibly execute our duties as the ANC-led government.
Those who have been chosen as the recipients of special remissions were those in whom rehabilitative qualities where found, those who could turn their lives around, and those who have expressed remorse for the crimes they have committed.
No offender who committed aggressive crimes has been considered for special remission of sentence. We call on all families and communities of the offenders to help us ensure that those who have been released are assisted and helped in their reintegration. This is the message we expect from all responsible public representatives … [Applause.] … not a message that says, isolate and push them to re-offend. This is a regrettable and irresponsible message, to say the least.
Those released will also be monitored closely by the criminal justice system, and if there is any deviance in behaviour, we will definitely ensure that the law and the Department of Correctional Services reverse their decisions.
Mass release of dangerous offenders into our communities is definitely not the approach of the department or government. Communities need to understand this in all seriousness. People who alarm communities with talk that the government cares neither for victims of crime nor their families are simply causing hysteria and being untruthful.
The communities should always be assured that the correctional services in this country is there to ensure their safety. We will ensure their safety but, also, we will not adopt a policy of locking up offenders and throwing away the key. We are one of the most respected democracies in the global arena, and the way we treat our offenders says more about the kind of people we are. We are a government that will care for all in our society.
Our overcrowded prisons are indeed an inhumane situation in the making, yet we will persevere in ensuring that our rehabilitation programmes are adhered to, that the communities and the victims acknowledge that our correctional system offers the offenders a chance to take responsibility for their actions, and that when necessary we will ensure complete incarceration of those in our society, who do not demonstrate an ounce of humanness.
In conclusion, the DA is opposed to granting remissions of sentence, because the overwhelming majority that benefit from it, are our black people in general and women and children in particular, whose future is still in the making. [Interjections.] The DA racist approach is always naked and clear. If it hopes to use remission for election campaigns . . .
… ishaye phansi kwashunqa uthuli [… that will never happen].
In fact, it must be joking. People know it is an opportunistic approach that has no policy direction. I thank you. [Applause.]
Mr S N SWART: Chairperson, hon Minister, I am sure there are many members who, following the Minister’s statement in this House on May 31, believed that serious offenders would receive no remission of sentence. This, however, does not appear to be the case.
In the media release on 1 June 2005, and in response to my parliamentary question, hon Minister, you indicated by implication that six months’ remission would be given across the board to all crime categories. It is only the further 14 months’ remission that will not apply to certain serious crime categories. This the ACDP clearly cannot support.
The ACDP shares the view that the solution to prison overcrowding lies firstly in building more facilities; secondly, in addressing the large numbers of awaiting-trial prisoners; and thirdly, in applying restorative justice principles, including the payment of restitution to the victims of crime.
Finally, the ACDP has consistently supported the concept of productive prison labour, including the usage of such labour to assist needy communities. I thank you.
Mnr P J GROENEWALD: Agb Voorsitter, al die partye kom, en die lede kom, én hulle sê dat daar weggedoen moet word met die verhoorafwagtendes – die 51 000 wat in ons tronke is – en dat dit een van die redes en maniere is om die probleem op te los.
Die VF Plus stem saam daarmee, maar die vraag is: Hoe word dít gedoen? En ek wil vandag vir u sê dit is die ANC se skuld dat daar so baie verhoorafwagtendes is, en die rede waarom die VF Plus dít sê, is as gevolg van regstellende aksie en die omvormingsbeleid van die ANC. Want, dít veroorsaak dat daar nie behoorlike kundiges in die polisiediens is nie, dat daar nie genoeg kundiges in justisie is nie, want ‘n ondersoekbeampte neem nou té lank om ‘n ondersoek af te handel en dit vertraag die hele proses, in terme van die verhoor.
Daarom sê ons, een van die maniere om die oorbevolking van tronke teë te werk, is om te verseker dat daar behoorlike opleiding is – u moet nie die kundiges wegjaag nie, kyk na meriete en bevorder dié mense, en dan sal die probleem opgelos word. [Tyd verstreke.] (Translation of Afrikaans speech follows.)
[Mr P J GROENEWALD: Hon Chairperson, all the parties and their members come here and say that the number of awaiting-trial detainees should be reduced – the 51 000 who are in our prisons – and that that is one of the reasons for and ways to solve the problem.
The FF Plus agrees, but the question is: How will this be done? And I want to tell you today that it is the fault of the ANC that there are so many awaiting-trial detainees, and the reason the FF Plus advances for this, is affirmative action and the transformation policy of the ANC. This has resulted in there being no proper experts in the police service, in there being insufficient experts in justice, because an investigator takes too long to finalise an investigation and this delays the whole process in terms of the trial.
That is why we say, one of the ways in which we can prevent overcrowding of prisons, is to ensure that there is proper training - do not chase away the experts, take merit into consideration and promote these people, and then the problem will be solved. [Time expired.]]
Dr S E M PHEKO: Chairman, it looks like I am going to say nothing here. [Laughter.]
Prevention is better than cure. This problem of imprisonment and overcrowding must be looked at holistically. The most disturbing thing that one experiences when visiting the prisons of our country is to find so many young people in prison.
Certain measures must be introduced to prevent these young people finding themselves in prison. About 72% of the young people are unemployed. They live in poverty, and they are also without education and skills. There must be free education in our country. It is a prudent national investment. Unskilled people are a national liability.
Our education must now be tailored to the needs of the nation. It is tragic for our students to reach matric without any skills. We must provide the type of education that imparts technical skills for self-employment. As long as young people are not given proper and free education, and are therefore unemployable, relieving overcrowding in prisons will not solve the problem of overcrowding.
The PAC of course observes with pain the stony silence on the young people who fought for the liberation of this country, and who are today languishing in jails. They should qualify as a category to relieve those that are in jail, particularly because we are here because of them. [Interjections.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Hon Pheko!
Dr S E M PHEKO: We also have the Minister of Justice here … [Interjections.] [Time expired.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order!
Mr R B BHOOLA: Chairperson, everyone would like to live in a safer South Africa, and the overcrowding of our prisons certainly does not serve as an encouragement to attain that. The MF is determined to overcome crime and to create a safer environment for all South Africans, but we seriously need to take into account the seriousness of crime in South Africa, and the material conditions of criminals in our prisons.
Basically, what brings these people to commit crime? In all honesty, the MF feels that poverty plays a serious factor in persons resorting to crime. Poverty alleviation and the intensive deterrence of the committing of crime will greatly serve to make South Africa a safer place to reside in.
Our juvenile delinquents are especially a concern for the MF, and the rehabilitation and deterrence of this youth for further developing into criminal personas needs to be addressed with all earnestness.
The value of life and livelihood needs to be established and respected, and we as government have a pivotal role to play by relaying the message to our people that crime is not the way to go, and that prison is not a path to life. Thank you.
Mr M J ELLIS: Mr Chairman, on a point of order, sir. I see that Mr Bloem also has no time whatsoever allocated to him. Taking into account that the last time an ANC speaker had no time allocated she then stood up and spoke rubbish for ten minutes, surely you are not going to allow Mr Bloem to speak on this occasion. [Interjections.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): I have to disappoint you, Mr Ellis, the hard copy speaks the truth. Somehow the IT has let you down once more.
Mr M J ELLIS: Mr Chairman, the hard copy might speak the truth, but I am not sure if Mr Bloem is going to speak the truth. [Laughter.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): We’ll be guided by the hard copy. Hon D V Bloem, you have six minutes.
Mnr D V BLOEM: Voorsitter, ek gaan ook nie die ses minute gebruik nie, ek dink agb Sindi Chikunga het alles gesê.
Twee weke gelede het ons ’n verslag aanvaar in dié Huis, met oplossings wat kan bydrae tot hierdie gesprek. Sindi Chikunga sê ons mors belastingbetalers se geld om hier te kom staan en praat, oor én oor, oor dieselfde ding. Mnr Selfe was deel van die aanvaarding en het voorstelle gemaak uit dié dokument, uit hierdie verslag. Maar, ek weet dis nie oor dié verslag nie, dit is oor die afslag wat die Minister twee weke gelede gegee het. En sien, dis reg, dit is ’n rassistiese houding wat hierdie mense inneem dat daar nie baie witmense in die tronke is nie, dit is swartmense, en húlle word vrygelaat.
Daarom, laat ek ’n boodskap oordra aan die Minister en die President, twee weke gelede was ek saam met u in Pollsmoor. ’n Moeder het my gesê: “Mnr Bloem, sê asseblief vir die President baie dankie. Na ses jaar gaan ek my kinders sien. Minister, baie dankie. Mnr Bloem, sê vir Minister Balfour baie dankie, ek waardeer dit. Ek het ses jaar gelede my kinders gesien, klein kinders.”
In Kroonstad, Maandag, sê ’n moeder in trane dieselfde woorde. [Tussenwerpsels.]
Mnr P J GROENEWALD: Moenie huil nie.
Mnr D V BLOEM: Ja, jy kan sê hulle moenie huil nie, want jy weet nie wat gaan daarbinne aan nie. [Tussenwerpsels.] Jy het mense toegesluit in die ou apartheid dae. [Tussenwerpsels.] Ons het genade! [Tussenwerpsels.]
Minister, dié boodskap moet na die President toe gaan. Moeders wat baie dankie sê, hulle waardeer wat u en die President gedoen het. Hierdie mense verstaan dit heeltemal verkeerd. Verhoorafwagtendes - awaiting-trials - dit is die ANC, hierdie ANC-studiegroep, wat na die tronke toe gaan en praat oor dié verhoorafwagtendes - awaiting-trials - wat vir sewe jaar sit; wat vir vyf jaar sit; wat vir ses jaar sit, dít is ons. Dit het niks te doene met dié mense nie. [Tussenwerpsels.]
Ntate Pheko, jy kom hierheen vir die tweede maal en sê dat daar Apla-mense in die tronk is. Ek het twee weke gelede hier gesê, bring ons die name sodat ons kan gaan kyk, maar jy het nie die name nie, want daar is nie Apla- mense in die tronk nie. As jy net daardie lys vir ons bring, sal ek tronk toe gaan, saam met jou, Ntate, maar daar is nie. [Tussenwerpsels.]
Mnr Groenewald, regstellende aksie is daar om te bly. Jy kan nooit die horlosie terugdraai nie. Ons gaan dié land verander soos ons dit wil hê. [Tussenwerpsels.] Tronke gaan nie meer tronke bly nie. Dit gaan inrigtings wees waar ons mense rehabiliteer, nie mense slegter maak soos julle mense slegter gemaak het oor al die jare nie. Mense moes klippe kap in die tronk. [Applous.] Ons het dit verander. Dít is regstellende aksie.
Daar is nie ’n manier hoe ons dit gaan verander nie. Jy kan hier kom staan en jou blou praat, jy gaan dit nooit kan verander nie. Ons gaan voortgaan met hierdie wa van regstellende aksie. [Tussenwerpsels.]
Mnr Selfe, laat ek hierdie een minuut gebruik om jou te sê dat as ons in die komitee is, kom met voorstelle. Moet nie agter jou party skuil nie. Jy sien, jou party se mense dink jy is baie militant wanneer jy hier kom staan. [Gelag.] In die party is jy beter, want jy kan voorstelle maak, jy kan baie mooi idees gee. Maar nou, hierso, wil jy vir mnr Mike en vir . . . Wat is jou naam nou weer? [Gelag.] Seremane. Ja, Seremane. [Tussenwerpsels.] Nou wil jy hulle kom tevrede stel, mnr Selfe. Jy het my vandag regtig teleurgestel, Mnr Selfe, ek moet jou sê. (Translation of Afrikaans paragraphs follows.)
[Mr D V BLOEM: Chairperson, I will also not need the full six minutes, I believe the hon Sindi Chikunga has said all there is to say.
Two weeks ago we adopted a report in this House, with solutions that can contribute to this debate. Sindi Chikunga says we are wasting taxpayers’ money by coming here to talk, over and over again, about the same thing.
Mr Selfe was part of that adoption process and made proposals from this document, from this report. But I know it’s not about this report, it’s about the remission the Minister granted two weeks ago. And you see, that’s right, these people are taking a racist position, because there are few white people in the prisons, those are black people, and it’s they who are being released.
Therefore allow me to convey a message to the Minister and the President, two weeks ago I accompanied you to Pollsmoor. A mother said to me: “Mr Bloem, please say ‘many thanks’ to the President for me. After six years I am going to see my children. Minister, thank you very much. Mr Bloem, please say ‘thank you very much’ to Minister Balfour, I appreciate it. I last saw my children six years ago, small children.”
In Kroonstad, on Monday, a tearful mother said the same words to me. [Interjections.]
Mr P J GROENEWALD: Don’t cry.
Mr D V BLOEM: Yes, you can say they shouldn’t cry, because you don’t know what’s going on in there. [Interjections.] You locked people up in the old apartheid days. [Interjections.] We have mercy! [Interjections.]
Minister, this message must be conveyed to the President. Mothers who say “thank you very much”, they appreciate what you and the President have done. These people here get it all wrong. As regards awaiting-trial prisoners – it’s the ANC, this ANC study group, who go to the prisons to talk about these awaiting-trial prisoners, who have been behind bars for seven years; or for five years; or for six years, we are the ones who take up this matter. It does not concern these people here at all. [Interjections.]
Ntate Pheko, you come here and claim for the second time that there are Apla members in prison. Two weeks ago I said here, give us the names so that we can go and have a look, but you do not have any names, because there are no Apla members in prison. If only you would bring us such a list, then I would gladly go to prison with you, Ntate, but there are none. [Interjections.]
Mr Groenewald, affirmative action is there to stay. You can never turn back the clock. We will change this country to what we want it to be. [Interjections.] Prisons will no longer be prisons. They will be institutions where we will rehabilitate people, rather than to make them even worse, the way you made people worse over all those years. People had to do hard labour in prison. [Applause.] We changed that. Now that is affirmative action.
There is no way that we are going to change that. You can come here and talk until you are blue in the face, you will never change that. We will continue to keep this wagon of affirmative action on track. [Interjections.]
Mr Selfe, let me make use of this last minute by saying to you that when we meet as a committee, do come to us with proposals. Don’t hide behind your party. You see, your party colleagues think you are very militant when you come and stand here. [Laughter.] Within the party you are better, because you can make proposals, you can present beautiful ideas. But now, in this place, you want to satisfy Mr Mike and . . . What is your name again? [Laughter.] Seremane. Yes, Seremane. [Interjections.] Now you want to satisfy them, Mr Selfe. Today you really disappointed me, Mr Selfe, I must tell you.]
Mr M J ELLIS: What’s your name?
Mnr D V BLOEM: Mev Seaton, u weet, dié hele proses van afslag wat die President nou toegepas het, is in werking gestel deur die vorige minister, Minister Skosana. [Tussenwerpsels.] Hierdie storie kom ’n lang pad aan. Dit is nie ’n storie wat eergister begin het nie. Minister Skosana het dié ding opgestel, want hy weet ten minste wat aangaan daarbinne. Nie soos Mnr Seremane wat nie weet wat dit is nie, en skree en praat. [Tussenwerpsels.]
U sien Mnr Skosana sit doodstil, want hy weet wat aangaan. Dit is nie om te sê . . . Ntate Pheko, laat ek vir Ntate Pheko vra, vir die laaste maal. En as jy weer hier kom praat, Ntate Pheko, van die Apla-mense en daar is nie, gaan ek jou stil maak en sê daar is nie Apla-mense nie. Baie dankie. [Tussenwerpsels.][Gelag.][Tyd verstreke.]Applous.
[Mr D V BLOEM: Mrs Seaton, you know, this whole process of remission, which the President has now implemented, was put in place by the previous minister, Minister Skosana. [Interjections.] This story has come a long way. It is not a story that started only the day before yesterday. Minister Skosana set up this thing, because he at least knows what goes on in there. Unlike Mr Seremane, who does not know what it is all about, and who shouts and talks. [Interjections.]
You see that Mr Skosana is sitting quietly, because he knows what’s going on. That’s not to say . . . Ntate Pheko, let me ask Ntate Pheko, for the last time. And if you come here again Ntate Pheko, to speak about Apla members in prison and there are none, I will shut you up and say there are no Apla members. Thank you. [Interjections.] [Laughter.] [Time expired.] [Applause.]]
Mr J SELFE: Chairperson, I would like to thank all hon members who participated in this debate, even the hon member Chikunga, because she made the point that blanket amnesties and presidential pardons were given in the past. She is correct. It was wrong then, it’s wrong now.
Nor am I distorting what the Minister said – I am simply quoting what he said. That hon member did what every other ANC member does when they are in a corner. She played the race card. It has nothing to do with race. [Interjections.]
Mr M J ELLIS: Hear! Hear!
Mr J SELFE: Many of us in this House disagree on many issues, but all parties in this House are in agreement that prison overcrowding is a real problem that cries out for real solutions, and the hon member Bloem said, yes, we had a report. Well, the fact of the matter is that that report was not debated in the NA, and, as far as I know, it hasn’t been applied.
Now, I really do believe that the department and the Minister have done a great deal to relieve overcrowding, including building a series of new prisons and there are still others in the pipeline. The real problem lies in the fact that prisons must accept whomever the court sends them. It follows therefore that the other departments that form part of the cluster must apply their minds to solutions.
I think there isn’t a dispute in the committee, but the dispute lies between our committee and other committees. I hope the chairperson of the justice and constitutional affairs committee is listening, because during the Budget Vote, the Minister of Correctional Services said that he was giving “serious consideration to refusing to accept any more inmates in grossly overcrowded facilities”. He said that he would be taking up the matter with the Minister of Justice. I would be interested to know what the upshot of that particular conversation was, because I think it is a very real prospect that that sort of thing has to happen.
But there is another aspect that needs our attention. At the moment, the number of sentences available to a judge or magistrate is relatively limited. Essentially, one can be sentenced to imprisonment, correctional supervision, or a fine, and these sentences can be suspended.
One needs to consider more imaginative sentences, such as a caution with conditions, good behaviour orders, supervision and guidance orders, reporting orders and prohibition orders. Such sentences would also allow people to correct their offending behaviour without the stigma of a sentence of imprisonment.
This really is a matter that is of critical importance. I cannot for the life of me understand why members from the ANC seek to trivialise this, seek to put into my mouth words I never said, seek to attribute motives to me that I don’t have.
We have to deal with this problem in a sensible way, in a coherent way, and in a way that is going to be in the interests of all South Africans, black and white. I thank you. [Applause.]
The MINISTER OF CORRECTIONAL SERVICES: Malibongwe! [Praise be to the name of women.][Applause.] Chairperson, there is nothing as wonderful as seeing a mature person, a rational person, delivering education to people who need to be educated. [Interjections.]
Comrade Sindi Chikunga, when you were talking, they didn’t haggle. [Interjections.] They didn’t say a word. They were all quiet, because you were saying the right things. [Interjections.] [Applause.] There wasn’t even a whimper from them. I sat there. You know, if I had a camera, I would have taken some pictures, because they were being educated. [Interjections.][Applause.]
Mr M J ELLIS: They would have all been rubbish.
The MINISTER OF CORRECTIONAL SERVICES: SMSs and all, they were being educated.
Number two, when you were talking about the types of people that we have in our prisons, I was very disappointed in the hon Seremane. You cannot deny that the bulk of young people that are in our prisons are black. You cannot deny that. I am very disappointed. [Interjections.]
Hon Seremane, could I make a request? Could we go together - come with me - to two or three prisons just around the Western Cape? I am disappointed. [Interjections.]
With regard to the ACDP, it’s a pity that the Rev Green has left. They are a Christian organisation. It’s amazing that a Christian organisation like the ACDP can come onto the stage and say things that belie the fact that they call themselves Christian. Amazing! Some things are beginning to make sense to me. [Interjections.]
The FF Plus, Mr Groenewald, if this was not Parliament, I would have . . . An HON MEMBER: Hit you.
The MINISTER OF CORRECTIONAL SERVICES: No, I wouldn’t. I wouldn’t beat you. I am not that violent. I would have said:
Wat jy vandag hier gesê het, is twak! [Gelag.][What you said here today is rubbish! [Laughter.]]
If this was not Parliament … Please grow up. You need to grow up, Mr Groenewald. [Interjections.] Regstellende aksie [affirmative action] is here to stay, and overcrowding has got nothing to do with regstellende aksie. Absolutely. [Interjections.] I don’t understand your thinking. Somebody needs to perform a head operation on you. [Laughter.] [Applause.]
The remission of sentences that is implemented by this government has the endorsement and support of a wide cross section of respected and influential organisations and individuals throughout the country. These organisations and individuals place a high premium on the safety and security of the public. They will never compromise on crime. They reach out to victims of crime and they respect the Constitution of our country, and not only sections of the Constitution that might suit their own needs.
Amongst these organisations: the SACC, the SA Council of Churches, has come out to support this; the Salvation Army; Nicro; Sanca, Khulisa; labour organisations; and the Archbishop of Cape Town, Njongonkulu Ndungane, have come out in support, as has a wide range of members of the judiciary, including Justice Hannes Fagan, Justice Siraj Desai and others in the justice system.
These respected organisations and individuals are grounded in communities. They don’t speak from where you are speaking, Mr Groenewald. They would never compromise one section of society to the advantage of others. It is from their ranks that support for this remission of sentences has come. That is why I am surprised at the ACDP. Very, very surprised.
Correctional Services is on a very clear course of action. We are guided by our country’s Constitution, by the Correctional Services Act of 1998 and related legislation, and by the White Paper on Corrections in South Africa. Those are the guiding documents of this department. If there are people who want to add value to those documents, come forward. I will listen to them.
I have listened to James Selfe. It’s not the first time he is raising all these issues. I am happy he is raising them, because they are always in the public domain. This doesn’t necessarily mean that I agree with him on everything, but I do certainly accept some of the recommendations he has made, particularly when he talks about diversion of sentences and everything else.
Through this phased implementation of remission of sentences, 33 000 probationers and parolees were already outside by 17 June. They have benefited, and now are in the mainstream of South African life. They can now pursue a positive, responsible life in society. By 20 June, that is yesterday, 9 599 offenders had been released either unconditionally or on parole.
We have given them a second chance. This includes 41 mothers who were incarcerated with their babies, the youngest of those babies being two weeks old. This also includes young children, the youth, the aged and those with disabilities. With these concessions, it is hoped that those released will change their lives for the better.
I want to warn offenders who go out and re-offend, and I’ve said this before: you will be doing a grave injustice to other people in this country by re-offending. I am not concerned about whether the crime they commit is a small crime or a big crime. However, the safety and security people, the police, are on the lookout for all those who will re-offend. They will go back and will not go through parole again, because they will be making a mockery of what we are trying to do - actually agreeing with some people on my left who don’t know anything about what’s going on in our prisons. [Interjections.]
Sybil, you are an old campaigner in Correctional Services. You are an old campaigner. You have been with the Portfolio Committee on Correctional Services for a long time. Your hon colleague, Ben Skosana, was the Minister in this department. So you know it all. What you have said about the public perception that must change is quite correct. I am appealing to the public out there. I am appealing that we change perceptions, and accept that these are human beings. They have erred, they have made mistakes, but they are still human. They are South Africans.
In the Minister’s office we have always had – something started by Ben Skosana - an offender working for us who comes from prison, who stays with us until he or she is finished with his or her parole and then gets a better job. John Palm has gone out from our office. He has a good job with an organisation that is working in Pollsmoor.
From the ones that were released on the 13th, we now have a young lady called Sindi. She is in my office right now. She was released. She served her sentence from 2000, and was released on remission in 2005. She is working in our office on a contract. She will be doing all the things that John Palm was doing. This is the kind of confidence that we want the public to treat offenders with, to understand they have offended. They have been through hell in prison - they know what it is. They have acknowledged their crimes. They are now being given a second chance in society.
So Sindi is in my office and will be working there for us for the next year, until we sort out what she does next. We will take on another offender in the office. That is the kind of view that I would like the public out there to have in dealing with the offenders.
Regarding those who offend - I repeat this, and we have said this from the beginning - that we do not believe that everybody will not re-offend. We are not that naive. People are not ujeqe [steamed bread]. They are not ujeqe [steamed bread].
Ujeqe sisonka esiphekwe ngamanzi. [Ujeqe is steamed bread.] You feel it with a big kitchen knife. Umama wakho uyakufundisa ukuba wenza njani. [Your mother teaches you that]. My mom taught me that. You feel if it is well cooked. You take out a big kitchen knife and thrust it into the bread to feel if it is sticky or not. If it is not sticky, the bread is well cooked. Human beings are not bread. You can’t test them like that.
We are not naive as the department – not to know that there will be those who will re-offend. To those who re-offend, they will be arrested. They will be brought to court. I am also pleading with the judges and the magistrates to really use diversion. I am busy dealing with that.
Mr Selfe, I will not report to you. I will report to this House on how far I go with that, not to you but to the House to which I am responsible. Thank you very much. [Applause.]
Debate concluded.
The House adjourned at 16:26. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 17 JUNE 2005
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Classification of Bills by Joint Tagging Mechanism
(1) The Joint Tagging Mechanism (JTM) on 14 June 2005 in terms of
Joint Rule 160(3), classified the following Bill as a section 75
Bill:
(i) Patents Amendment Bill [B 17 – 2005] (National Assembly –
sec 75)
(2) The Joint Tagging Mechanism (JTM) on 16 June 2005 in terms of
Joint Rule 160(3), classified the following Bill as a section 75
Bill:
(i) Taxation Laws Second Amendment Bill [B 20 – 2005]
(National Assembly – sec 75)
(3) The Joint Tagging Mechanism (JTM) on 16 June 2005 in terms of
Joint Rule 160(6), classified the following Bill as a Money Bill:
(i) Taxation Laws Amendment Bill [B 19 – 2005] (National
Assembly – sec 77)
TABLINGS
National Assembly
-
The Speaker REPORT OF PARLIAMENTARY DELEGATION TO 49TH SESSION OF UN COMMISSION ON THE STATUS OF WOMEN
The parliamentary delegation to the 49th Session of the United Nations Commission on the Status of Women, held in New York from 28 February to 11 March 2005, consisted of the following members: Ms G L Mahlangu-Nkabinde (Deputy Speaker and leader of the delegation)
National Assembly: Ms M R Morutua (ANC) Mr N P Nhleko (ANC) Ms C-S Botha (DA) Ms J A Semple (DA) Dr U Roopnarain (IFP)
National Council of Provinces: Ms S E Mabe (ANC) Mr V V Z Windvoël (ANC)
Support staff: Ms Carmine Rustin (Research Unit) Ms Joy Watson (Research Unit) Ms Merle Cannon (Personal Assistant to the Deputy Speaker)
The following is the Executive Summary of the Final Report of the Parliamentary Delegation to the 49th Session of the United Nations Commission on the Status of Women, New York, 28 February to 11 March 2005 (full text available on www.parliament.gov.za):
-
Background
In September 1995, South Africa participated in the United Nations Fourth World Conference on Women, which was held in Beijing, China. At this Conference, the South African Government committed itself to the Beijing Platform for Action (BPFA). The South African Government is thus tasked with reporting on its progress in the implementation of the BPFA.
The 49th Session of the United Nations Commission on the Status of Women (CSW) was held in New York from 28 February to 11 March 2005. The 49th Session provided an opportunity to review progress made towards gender equality since the Fourth World Conference on Women held in 1995. The primary objective of the Session was to reiterate, renew and enhance the Beijing commitments.
The Parliament of South Africa has a particular role to play with regard to overseeing the implementation of the BPFA. One of the primary areas of work of the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women is to monitor and evaluate progress made in relation to enhancing the quality of women’s lives in South Africa, with specific reference to the Government’s commitments to:
• The Beijing Platform for Action.
• The Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW).
• Any other specific international instruments.
-
Programme of the 49th Session of the CSW The programme for the 49th Session of the Commission on the Status of Women was structured around the following thematic areas:
• Innovations in institutional arrangements for promoting gender equality at national level (High-Level Roundtable). • Review of the implementation of the Beijing Platform of Action and the Outcome Documents of the Special Session of the General Assembly and current challenges and forward looking strategies for the advancement and empowerment of women and girls (High- Level Roundtable). • Observance of Women’s Day. • Remaining challenges in relation to statistics and indicators, building on the discussions at the High-Level Roundtable organised in the 48th session of the Commission 2004, as well as available data from the World’s Women: Trends and statistics (2005) and the world survey on the Role of Women in Development (Panel Discussion). • Future perspectives on the promotion of gender equality through the eyes of young men and women (High-Level Roundtable). • The role of regional and inter-governmental organisations in promoting gender equality (Panel Discussion).In addition to the main programme outlined above, the African Union organised a panel discussion on Monitoring Gender Equality Commitments. The Inter-Parliamentary Union also organised a session to explore the role of Parliaments in giving effect to the promotion of gender equity. Various NGOs also organised a series of side events, which ranged in thematic focus. These included sessions on violence against women, critiques of Beijing +10, women in armed conflict, the economic empowerment of women, women and the environment, the trafficking of women and girls, etc.
-
Declaration emanating from the 49th Session of the Commission on the Status of Women
Governments reaffirmed their commitments to the implementation of the Beijing Declaration and Platform for Action and the Outcome Document of the Twenty-Third Special Session of the General Assembly in 2000. The Declaration emphasises that the full and effective implementation of the Beijing Declaration and the Beijing Platform for Action is essential in achieving the internationally agreed upon development goals, including the Millennium Development Goals, and highlights the need to ensure a gender perspective in the high-level plenary meeting on the review of the Millennium Declaration. It calls upon the United Nations systems, international and regional organisations, civil society, women and men to commit themselves and intensify contributions to the implementation of the Beijing Declaration and BPFA and the Outcome Document of the Twenty-Third Special Session of the General Assembly.
Whilst Member States adopted the Declaration, this had come about as a result of intense negotiations in relation to its content. A number of Member States, including the United States America (USA), the Holy See and Costa Rica, made statements after the adoption of the Declaration and emphasised that they did not view the Declaration as providing any new rights other than the rights agreed to in Beijing. Specific reference was made to the right to abortion. The USA and the Holy See both argued that the Declaration does not make abortion a right. The Holy See indicated that it had wanted a clear statement that the Declaration does not include the right to have an abortion. The USA, on the other hand, indicated that it does not recognise abortion as being an integral part of reproductive rights, and that it emphasised the value of the Abstinence, Be Faithful and Condomise (ABC) campaign. Other States argued that the text of the BPFA was clear and that the reaffirmation of the text was a sign that the international world was not interested in engaging with the text, but ensuring that there was progress in its implementation.
-
Resolutions emanating from the 49th Session of the Commission on the Status of Women
The following Resolutions emanated from the 49th Session of the Commission on the Status of Women:
4.1 Economic Advancement of Women
The USA introduced the Resolution. In its preamble, the Resolution
reaffirms the goals, objectives and commitments made to a number of
international instruments, including the BPFA and the Outcome Document
of the Twenty-third Special Session of the General Assembly, the
Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) and a Resolution on Microcredit. Furthermore, the
preamble notes that the empowerment of women is a critical factor in
eradicating poverty and therefore improving the economic status of
women, which would lead to improved economic status for their families.
South Africa supported the passing of the Resolution with its
amendments.
4.2 Advisability of the appointment of a Special Rapporteur on Laws That Discriminate Against Women
The Phillipines and Rwanda introduced the Resolution. The Resolution
recalls the commitment made in the BPFA that seeks to ensure equality
and non-discrimination under the law and in practice, revoke all laws
that discriminate on the basis of sex, and to remove gender bias in
justice. The Resolution further recalls commitments by Member States to
review domestic legislation to ensure that all discriminatory
provisions are removed. In brief, the Resolution notes that the CSW
will, at its 50th Session, decide on the advisability of appointing a
Special Rapporteur on laws that discriminate against women. South
Africa supported the Resolution. The USA stated that it disassociates
itself from the consensus of the Resolution.
4.3 Indigenous Women beyond the ten-year review of the Beijing Declaration and Platform for Action
The Resolution was introduced by Bolivia. The preamble refers to the
commitments made in the CEDAW, the BPFA, the Millennium Development
Goals, the Durban Plan of Action, and the General Assembly Resolution
on the Second International Decade of the World's Indigenous People to
guarantee the economic, social and cultural well-being of women. It
recommends that Governments, intergovernmental agencies, the private
sector and civil society adopt measures that ensure the participation
of indigenous women in, amongst others, the implementation of the BPFA
and the Millennium Development Goals. The Resolution was adopted by
consensus. South Africa supported the Resolution.
-
Eliminating the demand for trafficked women and girls for all forms of exploitation
The USA introduced the Resolution. The Resolution reaffirms commitments made through the various international agreements and Resolutions against the trafficking of women and girls. The Resolution calls on Governments to:
• Take appropriate measures to address the root causes of trafficking. • Criminalise trafficking in persons, especially women and girls. • Strengthen or adopt legislative measures. • Raise public awareness together with civil society.
South Africa supported the Resolution.
-
Strengthening of the International Research and Training Institute for the Advancement of Women (INSTRAW)
Jamaica, on behalf of the Group of 77 and China, together with Mexico, introduced the Resolution. The Resolution recognises the work undertaken by the Institute, which includes the strengthening of cooperative arrangements with other United Nations entities and the expansion of its research programme. The Resolution invites Member States to voluntary contribute to the INSTRAW and stresses that financial contributions would enable the Institute to carry out its functions. The Resolution continues to encourage efforts to strengthen the INSTRAW and to monitor progress during the next Session. South Africa supported this Resolution.
-
Integrating a gender perspective in post-disaster relief, recovery, rehabilitation and reconstruction efforts, particularly in the aftermath of the Indian Ocean Tsunami disaster
This Resolution was initially sponsored by the Philippines. It expresses concern that women and children account for the vast majority of those adversely affected by natural disasters and their aftermath, including the recent Tsunami disaster. It expresses concern that women and girls are more vulnerable to violence, including sexual abuse and other forms of sexual and gender-based violence in emergency situations. It calls on Governments to integrate a gender perspective in planning for disaster preparedness and in responding to natural disasters. The Resolution further underscores the need to address the gender equality dimensions of livelihood, security, land tenure, land rights, property and housing. The Resolution urges donor countries and organisations to recognise the vulnerabilities and capacities of women and girls in addressing natural disasters and in allocating resources in relief, recovery, rehabilitation and reconstruction efforts. South Africa supported the adoption of the Resolution
-
Women, the girl child and HIV and AIDS
Mauritius was the main sponsor of this Resolution, which arose out of concern that the HIV and AIDS pandemic disproportionately affects women and girls. It takes cognisance of the fact that women’s unequal legal, economic, and social status, violence against women and cultural and physiological factors increase their vulnerability to HIV and AIDS. The Resolution calls on Governments to take all necessary measures to empower women and strengthen their economic independence and to protect and promote their full enjoyment of all human rights in order to enable them to protect themselves against HIV infection. It further urges Governments to expand access to treatment in a progressive and sustainable manner. South Africa supported the adoption of this Resolution.
-
Situation of women and girls in Afghanistan This Resolution was initially sponsored by Austria, Belgium, Cyprus, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, the United Kingdom of Great Britain and Northern Ireland.
The Resolution recognises that women in Afghanistan continue to face violations of their human rights in many parts of the country, particularly in rural areas. It emphasises that a safe environment, free from violence, discrimination and abuse is essential for a viable and sustainable recovery and reconstruction process. It calls on the Government of Afghanistan to support measures that ensure the full enjoyment of human rights and fundamental freedoms of women and girls and to hold accountable those responsible for human rights violations in the past.
-
Mainstreaming a gender perspective into all national policies and programmes
The main sponsors of this Resolution were the United Kingdom and Bangladesh. South Africa co-sponsored the Resolution. The Resolution affirms that gender mainstreaming constitutes a critical strategy in the implementation of the Beijing Platform for Action and the outcome of the Twenty-Third Special Session of the General Assembly. It recognises that strong and effective national machineries for the advancement of women and institutional mechanisms play a central role in co-ordinating and promoting a gender mainstreaming strategy and that gender-based statistics, indicators, research and gender analysis are critical to effective gender mainstreaming. The Resolution acknowledges that one of the critical goals of gender mainstreaming is to incorporate a gender perspective in all legislation, policies, programmes and projects.
-
Situation of and assistance to Palestinian women
The main sponsor of this Resolution was Jamaica on behalf of the Group of 77 and China. The Resolution expresses concern about the situation of Palestinian women in the Occupied Palestinian Territory, resulting from the severe impact of ongoing illegal Israeli settlement activities and the unlawful construction of the wall. It further expresses concern for the consequences arising from Israeli military attacks on and sieges of civilian areas. The Resolution recalls the advisory opinion of the International Court of Justice on 9 July 2004, on the legal consequences of the construction of the wall. The Resolution calls upon concerned parties to exert all necessary efforts to ensure the full resumption of the peace process and calls for tangible improvement of the living conditions faced by Palestinian women and their families. South Africa supported the adoption of the Resolution.
-
Recommendations
During the course of the 49th Session of the Commission on the Status of Women, a number of issues that were of strategic importance to the South African parliamentary delegation arose. These include the following:
- Recommendations Pertaining to Content Areas
- Trafficking of Women
South Africa currently does not have legislation pertaining to the trafficking of human beings, rendering the criminalisation of trafficking and prosecution of offenders problematic. There is a need to explore the drafting of legislation in this regard and to engage in international agreements pertaining to the trafficking of human beings across international borders.
- Sex Work
A number of women’s oganisations in South Africa have called for the legalisation of sex work. There is a need to conceptually engage on this matter and to explore the merits and disadvantages of both legalising and criminalising sex work.
- Violence Against Women
Levels of violence against women, both domestic violence and violence perpetrated in the public arena, remain unacceptably high in the South African context. There is a need for Parliament to enhance its oversight function in this regard especially in relation to the implementation of the domestic violence Act (Act No. 116 of 1998).
- Women and the Environment
The role that women play in contributing to the development of a sustainable environment emerged as a key theme at the meeting. This issue should be explored further in the South African context.
- Women and Access to Land and Property Rights
The issue of women’s access to land and property rights remains a critical impediment to the furthering of women’s rights in South Africa. Customary practices pertaining to women’s inability to inherit needs to be further explored.
- Institutional Mechanisms to Further Gender Equity
In the course of the 49th Session, much discussion ensued on the role and efficacy of institutional mechanisms to enhance gender equity. There is a need to critically assess the impact of the work of the South African machinery and to address the problems negatively impacting on the execution of its mandate.
- Regional Mechanisms for the Promotion of Gender Equality
There is a need to continue to take up the issue of the promotion of gender equity at the level of the African continent. In its contribution to the Pan African Parliament (PAP), the South African Parliament needs to continue to be vigilant of the gendered implications of the work of the PAP.
-
Process Recommendations
- Discussion of report and recommendations
It is recommended that this report be discussed by the South African parliamentary delegation to the 49th Session of the CSW to enable them to chart a course of action for acting upon its recommendations.
One of the mechanisms suggested is that the report be referred to the relevant committees for discussion and recommendations on taking the issues forward. It is further suggested that a number of debates be held in both Houses on the content areas above.
- Involvement of the Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women
It is recommended that where appropriate, the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women (JMCIQLSW) incorporates key issue that emerged at the 49th Session into its programme of work.
MONDAY, 20 JUNE 2005
ANNOUNCEMENTS
National Assembly
-
Membership of Committees
-
The following changes have been made to the membership of Portfolio Committees, viz:
Agriculture and Land Affairs: Appointed: Abram, Mr S
Correctional Services: Appointed: Fihla, Mr N B Environmental Affairs and Tourism: Appointed: Cachalia, Mr I M, Swart, Mr M (Alt)
Foreign Affairs: Subcommittee on African Union: Appointed: Ramgobin, Mr M
Subcommittee on International Affairs: Appointed: Hajaig, Ms F
Safety and Security: Appointed: Diale, Mr L N
Social Development: Appointed: Direko, Ms I W
Home Affairs: Appointed: Ludwabe, Ms C I
Sport and Recreation: Appointed: Saloojee, Mr E
Trade and Industry: Appointed: Turok, Prof B
- The following changes have been made to the membership of Standing Committees, viz: Private Members’ and Legislative Proposals: Appointed: Jankielsohn, Mr R
Public Accounts: Appointed: Ndou, Mr R S
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Finance on the Taxation Laws Amendment Bill [B 19 - 2005] (National Assembly – sec 77), dated 20 June 2005:
The Portfolio Committee on Finance, having considered the subject of the Taxation Laws Amendment Bill [B 19 - 2005] (National Assembly – sec 77), referred to it and classified by the Joint Tagging Mechanism as a Money Bill, reports that it has agreed to the Bill.
-
Report of the Portfolio Committee on Finance on the Taxation Laws Second Amendment Bill [B 20 - 2005] (National Assembly – sec 75), dated 20 June 2005:
The Portfolio Committee on Finance, having considered the subject of the Taxation Laws Second Amendment Bill [B 20 - 2005] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendment.
-
Report of the Portfolio Committee on Agriculture and Land Affairs on Budget Vote 25, dated 7 June 2005:
The Portfolio Committee on Agriculture and Land Affairs, having
considered Budget Vote 25, wish to report as follows:
A. Introduction
The most important challenge for the agricultural sector is to provide
enough, affordable food. Agriculture is not only important in the
international and regional context but also at the household level.
Agriculture is also important because of its contribution to Gross
Domestic Product (GDP), its forward and backward linkages in the
economy, its share of the labour force, and its contribution as an
earner of foreign exchange.
The Committee examined the estimates for 2006/7/8 included in
Estimates of National Expenditure.
1. Department of Agriculture
The main features of the 2005/6 budgets are:
1.1 Strategic overview and key policy developments for 2005/6 &
2007/8
The most important challenge for agriculture sector is to
provide sufficient food to the nation. This is only important in
a macro and regional context, but especially at household level.
Importance of agriculture also highlighted by the relative
contribution to the Gross Domestic Product (GDP), forward and
backward linkages in the economy, its share of the labour force
and its contribution as an earner of foreign exchange.
Over the past ten years, agriculture in South Africa has
provided greater opportunities for participants in the sector in
the form of greater access to foreign markets, smallholder
participation among role players in agriculture. The
deregulation of local and international markets and the
establishment of preferential trade agreements with a number of
countries and trading blocks have created significant trade
opportunities for South African agriculture and farmers.
Ensuring adequate protection for animal and plant health as well
as public health remains a priority for the Department as this
has a direct bearing on the ability to take advantage of trade
opportunities.
The Department has seen rapid growth in its commitments to and
participation in international programmes of cooperation. The
driving force and basis for the strategy in Africa is the NEPAD
Comprehensive African Agricultural Development Programme
(CAADP). The Department continues to interact with key
continental and international partners and stakeholders to
generate greater access to financial, technical and
institutional support for the implementation of NEPAD. In this
regard, the Department on behalf of the government of South
Africa hosted the 23rd FAO Africa Regional Conference, which
agreed on a set of actions within the context of the NEPAD
agriculture plan and reviewed the implementation of the CAADP.
The presentation was structured in terms of programmes. The following programmes reported: administration; farmer support and development; agricultural trade and business development; economic research and analysis; agricultural production; sustainable resources management and use; national regulatory services; and communication, planning, monitoring and evaluation.
1. Overview – Administration
The Administration Programme conducts the overall management of the department and provides strategic leadership and corporate services through the activities of the Minister, the Deputy Minister and senior management. It also provides for financial, procurement, legal and IT services, an internal audit function, human resources management and secretariat services. Within the programme, there is also a directorate that deals with the collection of agricultural debt. The allocation for 2005/6 is approximately R 170 480 million as compared to R 171 528 million for 2004/5. There is a decrease of 0.6%.
2. Overview – Farmer Support and Development
Farmer Support and Development focuses on developing norms and standards for settlement of emerging farmers; food security and rural development; agricultural finance and cooperative development and agricultural risks and disaster management. The received an amount of R 476 791 for 2005/6 compared to R 361 272 for 2004/5. There was an increase of 32.0%.
3. Overview - Agricultural Trade and Business Development
The programme aims to enhance agribusiness development, competitive markets and the international trade environment through improved opportunities and more equitable access in order to maximize growth, employment and equity in the agricultural sector. It financially assists the National Agricultural Marketing Council. The programme is allocated R 95 783 million for 2005/6 as compared to R 38 919 million for 2004/5.
4. Overview – Economic Research and Analysis
The programme supports the establishment and management of national
agriculture databases and provides for the collection and analysis of
agricultural statistics. It also monitors and evaluates the economic
state and performance of the sector and produces quarterly reports on
sector trends. The programme received R 25 590 million for 2005/6 as
compared to R 23 647 million for 2004/5. There is an increase of 8.2%.
5. Overview – Agricultural Production
The programme develops policies to facilitate increased and sustainable agricultural production. In addition, the programme also ensures support for agricultural research, technology development and transfer. An amount of R 407 648 million has been allocated for 2005/6 compared to R 382 202 million for 2004/5. There is an increase of 6.7%.
6. Overview – Sustainable Resources Management and Use
The programme develops policies, norms and standards on the management and use of land and water resources in agriculture. The programme has been allocated R 177 252 million for 2005/6 compared to R 160 597 million for 2004/5. An increase of 10.4% has been realized.
7. Overview – National Regulatory Services
The programme is responsible for managing the risks associated with animal and plant diseases and pests, ensuring food safety and bio-safety. This is done through developing policy and legislation and implementing compliance and operational support systems. The programme received an amount of R 230 513 million for 2005/6 compared to R 216 602 million for 2004/5 with an increase of 6.4%.
8. Overview – Communication and Information Management
The programme provides agricultural news and information, facilitates and manages international relations as well as facilitates skills development and the training of new and existing farmers. The programme received R 92 716 million for 2005/6 compared to R 88 305 million for 2004/5 with 5.0% increase in allocation.
9. Overview – Planning, Monitoring and Evaluation
The programme consolidates and supports strategic and operational planning in the Department as well as facilitating knowledge management through tracking and monitoring the implementation of the strategic plan. The programme received R 7 965 million for 2005/6 compared to R 6 319 million for 2004/5 with an increase of 26.1%.
Total allocation for 2005/6 was approximately R 1.6 billion compared to R 1.4 billion for 2004/5 financial year. The Budget could also be classified into the following functional categories:
a) Compensation of employees - R 420 098 million (18.3%)
b) Goods and Services - R 370 591 million (27.6%)
c) Transfers and subsidies - R 864 993 million (14.3%)
d) Payments for capital assets - R 29 056 million (38.3%)
-
Strategic Plan for 2005
Strategic Performance areas for Government and social partners are:
2.1 The conclusion and implementation of the Grain industry strategy with attention to, among others, maize price management;
2.2 The implementation of the Comprehensive Agricultural Support Programme Recharge;
2.3 The implementation of AgriBEE once it has promulgated as the broad based black economic empowerment in agriculture;
2.4 The launch of the pilot of the Agricultural Credit Scheme: Micro-Agricultural Financial Institutions of South Africa (MAFISA) in a selected rural development nodes and its gradual scaling up to other rural development nodes and eventually to the entire country;
-
The implementation of the Agricultural Advisory Services Programme (Extension);
-
The establishment of Food Insecurity and Vulnerability Information System Management as part of the strengthening of the Integrated Food Security and Nutrition Programme;
-
Integrating all engagements of South Africa in the field of agriculture into the Africa Agricultural Development Programme of the International Agricultural Strategy of the Department of Agriculture;
-
The implementation of the Livestock Development Programme; and
-
The enhancement of the state of continuous surveillance system to promptly and decisively deal with natural disasters and bio- safety and security threats.
-
3. Budget 2005: Implications for Agriculture and Land Affairs by
University of Stellenbosch
The budget must address the barriers to small business development and
job creation that arise from cumbersome municipal planning and
approval procedures, or from overly burdensome administration of the
tax laws, environmental regulations or labour market controls.
Tax relief of R 1.4 billion targeted at small business. This includes
raising the turnover limit for eligibility from R 5 million to R 6
million. In addition, the graduated rate structure will be adapted as
follows: qualifying small companies will pay no tax on the first R 35
000 of taxable income, 10% on R 35 000 to R 250 000, and 29%
thereafter. Small business will also be eligible for a simplified
50:30:20 depreciation write-off rate for non-manufacturing assets,
while manufacturing assets will continue to qualify for 100% write-
off.
Then there are rural development challenges to address. The proposed
allocations to Department of Land Affairs will enable the land
restitution programme to complete its work over the next three years.
Comprehensive Agricultural Support Programme is in place to support
for emerging and resource poor producers. The Minister of Agriculture
and Land will introduce this year a new credit scheme for small-scale
farmers.
Infrastructure spending by municipalities and public enterprises will
impact on the sector. The Berg River Water Scheme and further
development of the Olifants River and Groot Letaba River dam systems.
Transnet’s R 4.9 billion locomotive and wagon fleet renewal and
modernization programme is important. Land restitution allocated R 6
billion. A new Micro agricultural Finance Scheme to complement the
CASP and provide further assistance to emerging farmers and land
reform beneficiaries. An amount of R 1 billion is available, of which
R 600 million is expected to be allocated over the next three years.
Small business: Additional relief of R 367 million will form part of
streamlining ongoing filing obligations. This will involve halving the
number of VAT payments small business make in a year and exempting
them from the skills development levy. The diesel refund concession
for primary producers will be raised, with the rebate increased by
3.14 c/litre. The R 250 million earmarked for AgriBEE. Consolidated
budget growth Agriculture for the period 2001/2 to 2004/5 was
relatively high. For the years 2004/5 to 2007/8 it is the highest of
all functional spending areas of the state, at 18.7% per year.
Comments
The Committee considered the reports and agreed that:
a) It would be fair for the Committee to know the consulting companies contracted by the Department. Department is to provide the list;
b) The Language policy is that South Africa has 11 official languages. The serious challenge to the Department is to ensure that it uses languages accessible and understandable to farmers;
c) The Committee could not find the reason behind separating programmes 1 and 9. The Department should consider whether the two programmes are not duplicating each other;
d) A concerted message must be communicated to communities about the importance of agriculture and the end result would be gaining human capital to the sector;
e) The Extension Services need a serious revamp or if that is not possible, the Department must consider closing them completely;
f) The Committee felt that a curriculum must be developed to link agriculture and education; and
g) The Agricultural Research Council must remain within Agriculture and Government must allocate sufficient resources for this important institution in order to carry out its public mandate.
- The Committee also had an opportunity to engaged on budgetary issues with the Entities associated to the Department: that are the National Agricultural marketing Council; the Agricultural Research Council; the Onderstepoort Biological Products; the Land Bank; and the Perishable Exports Control Board
4.1 National Agricultural Marketing Council
The National Agricultural Marketing Council is a schedule 3 public
entity established in accordance with Marketing of Agricultural
Products Act (Act 47 of 1996). Transfers to the NAMC form part of
the Agricultural Trade and Business Development Programme. The core
mandate of the NAMC is to do investigations and advise the Minister
of Agriculture and Land Affairs on agricultural marketing policies
and their application, and co-ordinate agricultural marketing
policy in relation to national economic, social and development
policies and international trends and developments.
Funding to the Council amounts to R 11.9 million for 2004/5 and R
16.4 million is proposed for 2005/6. The income is from the
following sources: transfer from Department of Agriculture; the
interest earned; the trusts and other bodies; and additional
request from Department.
The expenditure would be accounted for salaries; the
administration; the operational expenditure; the professional
services; and stores. Professional services included, the
consultants; the courier services; information and knowledge
management; the communication committee; and the section 7
committees and / or Working groups.
Comments
The Committee considered the report and raised the following
concerns:
a) The Council needs to clarify its relevance in the present
circumstances and its role in relation to small emerging black
farmers; and
b) Non-availability of the Business plan that relates to the
budget.
The Committee agreed that:
The Council must provide the Committee with the list of consultants
currently being utilized and must project clearly its core business
in relation to the provinces. The Council must as a matter of
urgency, table the Food Prices Monitoring Report.
4.2 Agricultural Research Council (ARC)
The ARC is a statutory body established in terms of the
Agricultural Research Act, Act 68 of 1990 and is the principal
agricultural research institution in South Africa. It provides
agricultural research and development, technology and support to
the agricultural community. It serves as a custodian of national
collections of insects, fungi as well as the South African gene
banks. It delivers various services in the national interest, such
as diagnostic services, migratory pest control and animal
performance testing.
Research activities have been aligned to address major government
priorities such as, to modernize and grow the 2nd economy; to grow
the competitiveness of the 1st economy and to create social
security safety nets. Furthermore, to focus on integrated rural
development, natural resource management, food security and trade
development support.
It has embarked on new initiatives, which include introducing a
performance management culture, improving project management
systems and becoming more customer-oriented. Balanced scorecard
targets have been set and are designed to focus and improve the
level of outputs and improve the investment in resource poor
farmers, while on the other hand ensuring the delivery on public
mandates with the Department of Agriculture. The priority will be
to contribute to the national agenda for stimulating the 2nd
economy and sustainable rural livelihoods, and to contribute to
transforming the agricultural sector.
It derives approximately 60% of its revenue from transfers from the
Department of Agriculture. This amounts to R 312.9 million, R 333.3
million and R 361.9 million over the MTEF period. The external
revenue ranges from R 215.1 million, R 234.5 million and R257.9
million over the same period. It also competes for supplementary
research funding (transfers) from Department of Science and
Technology Innovation Fund. Commercial revenue as % of total income
is 37% for 2003/4, 37% for 2005/6 and 38% for 2006/7 respectively.
In terms of economic classification for 2005/6, compensation of
employees is R 344.4 million; Goods and service is approximately R
203.2 million; Use of infrastructure allocated R 29.1 million; and
Payment for Capital assets is R 52.8 million. Total resource
allocation for 2005/6 is R 629.6 million.
It is still facing challenges in relation to competition for
skilled capacity; investments made in public interest research; and
investments in new infrastructure.
Comments
The Committee considered the report and noted:
a) The unavailability of the documentation from Departments and State
entities on time is unacceptable; and
b) The non-availability of documents places difficulty to members to
interact with people appearing before the Committee.
The Committee agreed that:
The ARC must within seven working days forward the
Strategic/Business Plan to the committee; also must forward its
projections on what is required in order to function effectively in
serving the country. The external funding should in no way
influence the ARC to surrender its public mandate as stipulated in
the Act of Parliament. The Council must continue responding to
challenges posed both the 1st and 2nd economies; and also to
intensify research on the indigenous knowledge.
4.3 Onderstepoort Biological Products Limited
The OBP Ltd is a biotechnical company manufacturing vaccines and
related products for the global animal healthcare industry. The
company was established in accordance with the Onderstepoort
Biological Products Incorporation Act of 1999. In modern
agriculture it is impossible to farm profitably with livestock
without implementing an animal health programme which will
incorporates vaccination. OBP provides a wide range of vaccines
against most endemic and economically important diseases that
occurs in livestock. It has responsibility to ensure production
capacity, which enables quick response to disease outbreak in South
Africa, SADC region and the continent.
Strategic initiatives will focus on improvement and development of
its internal and external customers, products and processes to
ensure a sustainable and profitable organization. The following
pillars needed to ensure sustainable and positive growth: efficient
and effective distribution channels; the emerging sector in the
domestic market; the development of international markets within
the continent and abroad; production facility that meets GMP
standards; the expanding of OBP product range; the development of
research and development capacity and capability; and the strategic
alliances.
Currently, the company is developing and manufacturing 50 vaccines
and 10 antigens for animal health care industry. Out of 50
vaccines, 8 vaccines are for prevention of endemic disease in
Africa and are uniquely produced. The present productive output is
of the order of 100 million doses of vaccines per annum. In
addition, the company manufactures 40 000 litres of diluents to
accompany the vaccines. Direct and indirect exports are more than
50% of total sales.
The product line will mainly target the cattle, sheep, goat, horse
segment to ensure good health and growth in the agricultural
industry. Geographic focus will be South Africa, SADC, East Africa,
North Africa, West Africa, European Union, Middle East, South
America and India.
The company is entirely self-financing. It derives its revenue from
the sale of vaccines and related biological products. Since
inception in 2000, OBP has consistently shown a positive growth in
sales. The contribution of exports since then has risen from 25% to
50% of total sales, while growth in profits has increased.
The income of R 36.0 million on local and R 35.5 million on export
sales for 2004/5 was realized. Whereas for 2005/6 income on local
and export sales anticipated to be R 40.8 million and R 52.4
million respectively. Total revenue for 2004/5 is R 71.5 million
and approximately R 93.2 million for 2005/6. Growth of 13% in local
sales is based on emerging market; tender business; increased in
marketing efforts; sales personnel increase; and key account
management. Export sales growth of 48% is as a result of increased
marketing efforts.
Comments
The committee considered the report and noted that:
The OBP is currently performing extremely well and is encouraged by
the speed required to combat diseases.
The Committee agreed that OBP must improve its Internal Marketing
Strategy in other agricultural activities and must pay special
attention to equity legislation in relation to people with
disabilities. It must continue revamping old equipment and relate
experiences to the African continent in order to fulfill NEPAD
objectives.
4.4 Land Bank
The Land Bank operates as a development finance institution within
the agricultural and agribusiness sectors, regulated by the Land
and Agricultural Development Bank Act (Act No. 15 of 2002). It
provides a range of finance options to a broad spectrum
of clients in the agricultural sector, including rural
entrepreneurs, women and youth,through its network of 27 branches
and 37 satellite offices, supplemented by
mobilebranches, which are primarily located in rural areas.
The State is the only shareholder, represented by Minister for
Agriculture and Land Affairs. Bank activities are governed by the
Act and financial management guidelines provided by the Public
Finance Management Act (Act No. 29 of 1999). Programmes are aligned
with government’s key strategic programmes in the agricultural
sector namely: the Agricultural Sector Plan; the Integrated
Sustainable Rural Development Programme; the Comprehensive
Agricultural Support Programme (CASP); and the Shareholder compact.
The focus priorities are to implement more effective banking and
financial business systems and implement processes and actions to
ensure best practice and compliance with AC 133. Reposition the
Bank to grow the commercial and development books and increased
focus on financing BEE transactions, in terms of AgriBEE framework.
Completing the business process review to ensure that there is
improved productivity; streamlined operations and enhanced customer
service. Consolidated the management team in order to continue to
support Government’s priority programmes such as, land reform,
agricultural credit scheme; and food security.
Economic developments such as drought and delayed rains in Western
Cape has a major negative impact on the agricultural sector and
strong currency causes great difficulty for agricultural exporters
such as wine and citrus producers. Grain prices are extremely low,
especially serious for maize producers. Carrying over stocks in
wine and maize sectors will continue to put downward pressure on
prices and the sugar industry is benefiting from strong
international sugar price.
The role of the Bank in agricultural transformation relates to the
BEE transactions and other empowerment projects being financed or
currently being considered for financing by the Banks CFU business
is approaching R 3.7 billion. Secondly, the current Retail book
start up farmers amounts to R 663 million. Thirdly, the step up
adds another R 74 million in loan volume. Since the Bank serves as
one of the instruments of Government’s effort to encourage and
support black economic empowerment in agriculture, it is important
that the Bank’s capital adequacy position be sorted out as a matter
of urgency. A higher capital adequacy ratio will improve the credit
rating and dampen investor fears regarding the risk of lending
funds to the Bank.
The Bank’s micro-finance product, Step up, was introduced in April
1998 and 123 564 clients have made use of it and R 169 million was
disbursed in 2003/4, with participation increasing at an average
rate of about 3 175 clients per month.
The Department of Agriculture does not contribute financially to
the bank, but has a high level representation on the Bank’s board.
The Bank recorded a profit of R 247 million, accompanied by a 14%
increase in the number of loans granted in 2003/4. The Capital
adequacy of an appropriation of R 2 billion will increase capital
adequacy ration to nearly 20% and will be adequate to shore up
bank’s financial strength and restore investor confidence. A
capital injection will require Bank to implement a turnaround plan
to ensure:
1. Profitability is maintained;
2. Sustainability is ensured; and
3. Capital adequacy is maintained.
Comments
The Committee considered the report and noted that:
a) It is unacceptable to the Committee for the Land Bank to continue
having male dominated Senior
Management structure when the majority of South Africans are
women;
b) It must be visible and available to the stakeholders; and
c) The presentation was good as compared to the previous years.
The Committee agreed that:
The Bank must address the issue of women representation in its
Senior Management structures; table its turn-around strategy,
process and transition once completed and that the turn-around
strategy should relate to Government direction in terms of
Presidential Address. It must provide the Committee with its Equity
Plan and figures; its timeframes, time-lines, objectives and
targets.
The Committee further recommended that a closed session meeting
with the Bank is required where the issue of interest rates will be
discussed in detail. The Committee’s perspective is that it seems
as even if the economic conditions improve in the country, the Land
Bank rates remain the same or simply increase.
4.5 Perishable Products Exports Control Board
The Perishable Products Export Control Board was established in
terms of the Products Export Control Board Act (1983). Its purpose
is to ensure that perishable products intended for export from
South Africa meets international quality standards. Activities
include inspections and quality control, and providing technical,
development, and market intelligence and information services.
The Board is funded by its own revenue and does not receive
transfers from government. Other non-tax revenue includes income
derives from inspection services. Total revenue grew at an annual
average rate of 13.4% between 2001/2 and 2004/5, and is projected
to grow by 7% over the MTEF period, reaching R112.7 million in
2007/8.
Total revenue for 2004/5 amounts to R 93 million, which is
attributed to Statutory Services; customized services and agency
services and anticipated to be R 104 million for 2005/6. The Board
indicates challenges experienced with regards delivery of a quality
service to fulfill the mandate relates to: the under resourced if
measured against the current requirements of 2% inspection of
product and 100% monitoring of containers; a 4% expected volume
growth for 2006; the increasing demands from customers regarding
the delivery of information needs; and the added value at service
delivery. Through a process started and approved by the Board in
June 2004, the plan and the budget addresses the problem of
resource shortages through a number of strategic programmes.
Statutory services show a deficit of R 1 million mainly as a result
of: the phased approach in adjusting levies to recover full cost
per industry; and the implementation of five strategic programmes.
The Expenditure of R 95 million increases by R 9.7 million (11%),
which is made up as: the increase in statutory services excluding
strategic programmes by R 4.0 million or 4.8%; and the increase in
cost of strategic programmes by R 5.7 million or 321%.
Comments
Although the Committee has accepted the report, it had a concern
about the implementation of the Equity Plan within the company.
The Committee agreed that:
Both the external and internal bursary programmes should be
intensified towards historically disadvantaged individuals and
should embark on recruitment drive that would ensure a better
balance in staff compliment. It must continue to maintain quality
standards with regards to our exports.
-
Conclusion
While the Committee agrees that during the past year the Department has made remarkable progress on various issues, such as transformation of the sector at all levels, ensuring that agriculture is becoming inclusive, competitive and alleviate poverty. Much, however, remains to be done to create an enabling environment to achieve the country’s strategic goals.
The Committee would like to extend special appreciation the Department and the associated entities for attending the budget hearings and hoping matters of concern would be attended.
-
Report of the Portfolio Committee on Agriculture and Land Affairs on Budget Vote 29, dated 7 June 2005
The Portfolio Committee on Agriculture and Land Affairs, having
considered Budget Vote 29, wishes to report as follows:
A. Introduction
The Department of Land Affairs is mandated to provide an equitable
and sustainable land dispensation that promotes social and economic
development. The Committee examined the budget of the Department
(Vote 29) for the financial year 2005/6 as well as the estimates
for 2006/7/8 included in Estimates of National Expenditure (ENE).
1. Department of Land Affairs
The main features of the 2005/6 budgets are:
1.1 Strategic overview and key policy developments for 2005/6 & 2007/8
Strategic context for 2005/6: The framework for implementing land
and agrarian reform is underpinned by the following:
- At international level by the Millenium Development goals;
- At regional level by the NEPAD;
- At sub-regional level by the SADC Land Technical facility; and
-
At national level the framework takes into account the Vision 2014 poverty alleviation and job creation; the Ten year review; the 2005 Cabinet Lekgotla resolutions; the 2004 and 2005 State of the Nation addresses; and the 2005 directives from the executing authority; consolidating the African agenda; socio- economic development; rural development and urban renewal.
For 2005/6, the Department of Land Affairs will continue with Integrated land and agrarian reform implementation strategy; Micro-economic reform strategy (MERS); the comprehensive policy review process; the development planning within an African context; the contribution towards Urban Renewal Programme (URP) and Integrated Sustainable Rural Development Programme (ISRDP) land needs; the facilitating development planning for land reform projects; the devolution of functions to local government; the skilling of land reform beneficiaries; the State land disposal and management; the land for housing; the land for human settlement strategy; the Comprehensive Agriculture Support Programme (ACSP) and Land Redistribution for Agricultural Development (LRAD); and decentralization of Land Planning and Information function (Project Mutingati).
1.2 Governance
The Department will increase the capacity for the International
Relations Unit; the training on diplomatic relations and protocol;
the internship and leadership programme; the management development
programme; the information security in terms of Minimum Information
Security Standard (MISS); the skill audit; the citizen satisfaction
survey; and service delivery improvement plan. 3. Amount of land to be delivered
The Department indicated that the total size of land in South Africa
is approximately 122 million hectares. The total farmland is
approximately 100 million hectares. The total White owned
agricultural farmland is amounts to 82 million hectares. The
Government has set itself the target of delivering 30% of commercial
agricultural land by 2014. This means that about 22 million hectares
of agricultural land must have been delivered by 2014. Therefore,
20.6 million hectares must still be delivered. On average 1.87
million hectares must be delivered per year to meet the target.
-
Land delivered since 1994
The total size of land delivered is about 3.5 million hectares (3 536 756.06 hectares). This includes land delivered through the restitution, redistribution and state land. The total number of households/individuals that have benefited from land reform is 1 028 887. The contribution per programme is as follows:1.4.1 Redistribution - 1 780 260.35 hectares 1.4.2 Restitution - 812 315.00 hectares 1.4.3 Tenure Reform - 171 554.72 hectares 1.4.4 State Land - 772 660.00 hectares 1.5 Restitution Programme
From 1999 to 31 December 2004, almost 57 257 claims have been settled, and benefited 164 103 households. About 812 315 hectares of land have been delivered. By 31 December 1998, validation project has ascertained that 79 696 claims had been lodged. The total of 28 087 claims are yet to be settled by 2008/9. About 18 238 claims are to be settled by 2005/6. The remainder of 9 808 claims are to be settled between 2006/7 and 2008/9. These claims have an impact on the economy of South Africa, that is, agriculture is the backbone of the economy in KwaZulu-Natal, Mpumalanga and Limpopo. -
State Land Management and Administration
The Department stated that contrary to a widely held view, there is not much state land available for land reform purposes, especially for redistribution. State Land comprises about 24.5 million hectares or 20.3% of the total area of Republic of South Africa. Approximately 82.5% of state land is national while 17.5 is provincial. Department of Land Affairs controls 66.7% while Department of Public Works controls 33.3% of national state land. Only about 5% - 7% or 1.7 million hectares is available for allocation to land reform beneficiaries, the rest is used for state domestic purposes. Vesting of state land is necessary to confirm which “arm” of government owns it, before it can be used for land reform purposes. The Minister of Land Affairs does this by means of issuing a certificate. -
On the Disposal of State Land
Since 1998, Department of Land Affairs disposed of the following categories of State land for the various land reform programmes through facilitation:- Department of Land Affairs (former SADT land) is 601 276.00 hectares;
- Financial Assistance Agricultural Land is 50 000.00 hectares;
- Other Public Works Department Land is 91 350.00 hectares;
- Land for Housing projects is 30 000.00 hectares; and
-
Total amounts to 772 626.00 hectares of land.
The Department of Land Affairs is mandated to provide an equitable and sustainable land dispensation that promotes social and economic development. The budget for 2005/6 amounts to total of R 3.8 billion while forward estimates anticipates for R 4.8 billion for 2006/7 and R 5.6 billion for 2007/8.
1.8 Budget in terms of Economic Classification for 2005/6
- Programme 1 – Administration (R 214 523 million);
- Programme 2 – Surveys and Mapping (R 75 256 million);
- Programme 3 – Cadastral Surveys (R 86 043 million);
- Programme 4 – Restitution (R 2.7 billion);
- Programme 5 – Land Reform (R 770 098 million);
- Programme 6 – Spatial Planning and Information (R 19.2 million); and
-
Programme 7 – Auxilliary Services (R 10.6 million).
-
Challenges faced by the Department of Land Affairs
The Department is faced with enormous challenges related to ensuring implementation of land reform at a reasonable level; finalizing restitution process in 2007/8; managing risks inherent in the restitution “high drive”; not much state land exists for redistribution or restitution purposes (most of it is already settled); high land prices; some unco-operative land sellers; organized agriculture must demonstrate more concrete commitment to land reform; expropriation is constitutionally possible, but a “political hot potato,” and increasing the culture of respect for land rights of vulnerable groups like labour tenants, occupiers and other farm dwellers.Comments
The Committee commended the Department on the expenditure patterns as compared to the previous years and noted the bottle-necks in relation to the involvement of other sister Departments in the land reform processes both at national and provincial levels is a serious concern. - The Committee had an opportunity to engage on budgetary issues with entities that are reporting to the Department such as, the KwaZulu- Natal Ingonyama Trust Board; the Commission on Restitution of Land Rights; the Khula Land Reform Credit Facility; and the Bala Farms (Pty) Ltd.
2.1 KwaZulu-Natal Ingonyama Trust Board
The KwaZulu-Natal Ingonyama Trust Board was established in terms
of the KwaZulu-Natal Ingonyama Trust Act (1994) as amended. The
Board, Chaired by His Majesty the King (or his nominee) and eight
other members appointed by the Minister of Land Affairs, came into
operation in October 1998 to administer the affairs of the
Ingonyama Trust.
The core business of the trust is to manage its 2.7 million
hectares of land, spread throughout KwaZulu-Natal, for the
material benefit and social well being of individual tribe
members. Activities undertaken by the board include: transferring
townships to local authorities; granting permissions to occupy
(PTOs); granting servitudes; issuing leases; identifying and
transferring land for state domestic purposes; registering assets;
minerals administration; restructuring state forests; compiling
asset registers; and developing a land tenure information system.
The Board has granted 130 leases covering 10 000 hectares, which
generates revenue of about R 600 000 a year. A further 12 leases
are being processed, covering 1 684 hectares with an estimated
revenue of R 145 000 per year. The leases cover land for diverse
uses, such as shopping centers, game parks, residential
developments, lodges, petrol filling stations, telecommunication
base stations, sugar cane farming, grazing and aquaculture
projects.
A total income of R 13.3 million is budgeted for 2005/6, of which
R 11.9 million
will be redistributed to the communities. The Trust receives an
allocation of
from the Department of Land Affairs to cover the operating
expenses of its
Secretariat,which is expected to be R 2.1 million in 2005/6.
The following programmes will be implemented over the medium term:
a) Finalizing the transfer of KwaZulu-Natal townships to local
authorities, establishing township registers and upgrading tenure
rights;
b) Extending the security of tenure on trust land and providing rental
income to communities living on trust land;
c) Concluding the registration of all vested assets in the name of the
trust, which involves the consolidation and registration of titles
for each traditional authority area (the trust currently holds 1
478 titles); and
d) Finalizing the transfer of land used for state purposes to relevant
government Departments and municipalities
Comments
The Committee considered the report and commended the Board on the
progress made since the last engagement and agreed that:
The Department of Land Affairs must seriously consider some of the
models employed by the Ingonyama Trust Board in KZN in particular
when implementing elements of the Communal Land Rights Act.
2.2 Commission on Restitution of Land Rights
The President in the State of the Nation Address on 11 February
2005 gave a directive that additional resources would be allocated
over the next three years to cover outstanding claims in the land
restitution programme. In line with the Presidential directive the
Commission is therefore committed to settle all outstanding urban
claims in the 2005/6 financial year and all outstanding rural
claims by 31 March 2008. The settlement of claims would be part of
the process to reach the delivery of the 30% target of agricultural
land by 2015 and thus ensuring not only the attainability of
economical stability and poverty eradication but also the socio-
political stability in rural areas. The Minister of Finance has in
the Budget Speech of 23rd February announced that R 6 billion has
been allocated to complete the land restitution process.
In relation to claims to be settled, the total number of claims to
be settled in 2005/6 is approximately 12 875. Of this number, 10
063 are urban while 2 812 are rural claims. The breakdown of
figures per Province is as follows:
2.2.1 Eastern Cape (2 869 urban claims) while the number of (rural
claims is 338);
2.2.2 Free State and Northern Cape has a combined number of (1 536
urban claims) and (269 rural claims);
2.2.3 Gauteng and North West has (71 urban claims) and (228 rural
claims);
2.2.4 KwaZulu-Natal has (3 311 urban claims) and (746 are rural);
2.2.5 Limpopo there are (56 urban claims) and (448 rural claims);
2.2.6 Mpumalanga has (215 urban claims) and (415 rural claims); and
2.2.7 Western Cape has (2 005 urban claims) and (368 rural claims).
Over the past five years the experience curve shows that the past
reasons for success are due to: the Section 42D Ministerial
approval; the integration of the Commission with the Department of
Land Affairs. This results to a more coherent flow of work. The
grouping of individual urban claims; the use of Service Providers
for specific tasks; the location of Regional Land Claims Commission
offices closer to the people; the increase in resources allocation;
and the fact that 80% of claims are urban thus it is faster to
resolve.
Land prices in KwaZulu-Natal are R 25 000 per hectare and in
Limpopo and Mpumalanga R 50 000 per hectare for sugar cane. Most of
the privately owned land that was purchased was agricultural land;
the lowest price paid was R 900 000 per hectare in Limpopo for a
farm with macadamia nuts and mango’s (export). Land prices in the
country are high.
The outstanding claims are all in various stages in the settlement
process. Rural claims poses the following requirements: assist
claimants to structure their various affidavits; the disputes
resolution and mediation; the land price negotiations with current
land owners; the protracted and costly processes, for example,
expropriation; and the institutional capacity for community legal
entities.
These requirements shall included the following: the financial
resources; the human resource requirements; the office
accommodation and equipment; the administrative support to fast
track the process; and the strategic partnership with relevant
stakeholders.
Restitution programme aims to restore land and provide suitable
compensation to victims of forced removals. The programme consists
of three sub-programmes, that is, the National Office, which
provides administrative and professional support to and Secretarial
services to the Commission for processing and investigating
restitution claims. The sub-programme also develops and coordinates
restitution policy and oversees court cases. Regional Offices are
responsible for negotiating restitution agreements and providing
administrative support services to regional land claims
commissioners.
Restitution Grants distributes grants that are used to restore land
and makes provision for alternative land to victims. Provides for
payment of compensation and alternative relief, settlement planning
and facilitation assistance, and contributes to costs incidental to
resettling communities.
In total the budget set out additional allocations of R 2.4 billion
for 2005/6, R 3.1 billion for 2006/7 and R2.6 billion for 2007/8
over the MTEF period. By the end of 2003/4, approximately 48 825
claims had been settled: 60.2% of the 79 696 claims lodged. The
cumulative number of settled claims for 2003/4 was 56 719, (71.2%
of the total of 79 696 claims lodged). Urban claims accounted for
87% or 42 712 while rural claims accounted for 13% or 6 113. During
2004/5, up to the six months ending 30 September 2004, 8 143 claims
were settled, or 46.8% of the targeted amount of 17 383.
The total allocated budget of R 727.4 million was fully utilized,
with R 464 million or 64% settling urban claims and R 262 million
or 36% going to acquiring land. These settlements benefited 33 097
households and 145 437 beneficiaries. The amount of land
transferred was 148 643 hectares, with a total committed amount of
R 928 million.
As a result of ongoing negotiations with Provincial Governments and
the Department of Land Affairs, various commitments have been
received from provincial governments and the Department to ensure
that all outstanding rural claims are settled by 31 March 2008. The
Belgian Government has also donated R 49 million to speed up the
verification of remaining claims and a further 6 million Euros for
post-settlement support for the 2006/7 financial years.
Although in relation to models for financing, there had been
several proposals around models for financing land reform, that is
scheduling of payment, scheduling the return of land, strategic
partnerships, land tax, subdivision of large farms etc, these
proposals are still under discussion with various stakeholders.
Comments
The Committee considered the report and noted:
a) The progress made by the Commission despite the difficulties and enormous problems;
b) The issue District and Local Municipalities in relation to sound financial management needs to be attended; c) The role and contribution of Strategic partners in the restitution process needs to be considered to ensure that communities do not loose out in such relationships;
d) The non-utilization of the Expropriation by the Commission despite being constitutional in terms of section 25(2) of the Constitution of the Republic of South Africa;
e) The unco-operative role played by organized agriculture in the restitution process; and
f) The role played by unscrupulous valuers in relation to land prices in the country.
The Committee also agreed that:
In the provinces, there are still many practical challenges that need
to be addressed; and those people who missed December 1998 deadline
can in terms of section 6(2)b of the Act, make use of other
Government programmes such as the Redistribution and Land tenure.
2.3 Khula Land Reform Credit Facility
The Department of Land Affairs established the Land Reform
Empowerment Facility (LREF), located within Khula Enterprise as a
revolving credit loan facility in 1998, for financing land
acquisition and equity in commercial farming ventures. Khula
Enterprise Finance Limited was contracted to administer the funds on
behalf of the Department.
The partnership approach with the Private Sector has assisted in
facilitating the establishment of viable land reform projects. The
wholesale revolving funding facility is to provide highly
concessionary (flexible repayment terms, lower transaction costs and
reduced cost of capital) loans.
Performance since inception to march 2005 is approximately R 107
million. The sources of capital are: the Department of Land Affairs
(R 117 million); the European Union (R 27 million); the Danish
Development Agency (R 1.7 million); and the Department of
Environmental Affairs and Tourism (R20 million). Khula Enterprise
has implemented the following programmes: the Broad Based Black
Economic Empowerment Act; the Financial Sector Charter; the AgriBEE
Charter (still at development stage); and the Tourism Charter (also
still at development stage).
The fund is progressing well and performed exceptionally well in that
it exceeded all its targets. In terms of recapitalization, the
Department of Environmental Affairs and Tourism has committed an
additional R 20 million to the fund. Additional funding requests of
R 200 million have been put to the Industrial Development
Corporation (R 100 million) and the Department of Trade and Industry
(R 100 million). More effort is being made in the current year to
extend the scheme to under-serviced Provinces and diversify and
shift the focus away from the Western Cape.
Currently, Khula is conducting skills gap survey on the projects.
The partnership approach with Primary Agriculture Education and
Training Authority (PAETA), the Comprehensive Agricultural Support
Programme (CASP), and the Small Enterprise Development Agency (SEDA)
has been entered into.
On the way forward the focus will be on the provincial budget
allocations; organizational partnership approach; closer
relationship with provincial Department of Land Affairs offices
(LRAD); the Corporate partners for example, TSB, recapitalization,
and the coordinated and structured capacity building approach.
Comments
The Committee considered the report and noted that:
a) There seems to be no relationship between Khula and the Land Bank;
b) The after-care support needs to be intensified against the backdrop
that some of LRAD projects are failing in the provinces; and
c) The outreach programme to rural communities is not visible;
The Committee agreed that Khula must ensure the provincial equity
in resource allocations and improve on the target market. The
report reflects in terms of beneficiaries 46% female and 54% male.
There is no reflection in relation to people with disability.
2.4 Bala Farms (Pty) Limited
Bala Farms (Pty) is a state-owned company created by the former
Bophuthatswana administration to buy and administer farms outside
the homeland territory. The company is being deregistered in line
with the Department’s land reform policy. A new deadline of 31
March 2005 was set. Properties that have not been disposed of by
that date will be transferred to the Department of Land Affairs for
disposal.
On progress on the properties remaining, the company reports that 4
farming units consisting of 7 farm portions had to be transferred
to the identified beneficiaries. Portions 41, 64, 83 of farm
Grootfontein 115 JO have been transferred to Department to complete
the disposal process, as this was delaying the de-registration.
Portions 22 of farm Blaauwbank 127 JO has also been transferred.
On the remaining properties, the company reports that Portion 2 of
farm Logaga 124 KP has been disposed of. Portion 14 of farm De
Putten 56 JO has been transferred free of charge to beneficiary
community.
De-registration process meant that first, all assets and
liabilities had to be liquidated or ceded to the Department. All
debts were settled including an amount of R 1.5 million owed to the
North West (Loan was originally provided by Agricor). The last
payments by the company were made on 9 March 2005 and a cession of
all existing claims in favour of or against the company had to be
issued as a contingent. All outstanding lease rentals were
collected and pro rata payments for remaining periods of the leases
were paid over to beneficiaries.
Secondly, a Certificate of compliance has to be issued by South
African Revenue (SARS). A dispute with SARS regarding the money
owed to or by the company took longer to resolve than anticipated.
Nevertheless, this was resolved in March
2005 after excellent co-operation with SARS staff and in depth
analysis of all matters relating to VAT and Income Tax. The final
results have been incorporated into the financial statements of the
company for 2004/5 financial years. The final certificate will be
issued to the Registrar of Companies after the 2005 audit has been
completed. SARS was requested to cancel the company’s registration
for PAYE, SDL & VAT.
Thirdly, relevant resolutions had to be taken by the Board, that
is, the deregistration of the Company; the transfer of shareholding
from Chairperson of Company to the Department; the payment of the
pre-deregistration dividend of R 15.3 million declared and paid to
the Department on 23 March 2005; and the application of
deregistration was sent to the Registrar on 30 March 2005.
Finally, accounting, auditing and legal matters had to be
satisfied. All bank accounts have been closed subsequent to the
payment of the pre-deregistration dividend; the financial
statements were compiled in March 2005; the Auditor-General has
commenced with the final audit of financial statements. Once the
audit is complete, the statements will be lodged with SARS. The
Registrar of Companies will then in a position to deregister the
company because the company will hold no further liabilities for
Income Tax, VAT, PAYE or SDL.
The company has ceased its operations and the final deregistration
is now in the hands of the Auditor-General, the South African
Revenue Service and the Registrar of Companies.
Comments
The Committee considered and accepted the report and appreciated the
work done by the company and the Department for completing
deregistration process within stipulated time.
-
Conclusion
While the Committee accepted the reports presented, the Department of Land Affairs is making transfer payments to Provincial Governments, Local Authorities and community based legal entities on the basis of Agency Agreements. The purpose of such transfers is to facilitate the implementation of projects such as infrastructure, tenure, and agricultural support arising from the Restitution and Redistribution of land to beneficiaries.
The Department must remain accountable for the expenditure of such transfer of funds. Compliance in terms of the Division of Revenue Act needs to be examined to assess whether the nature of these transactions does not fall within the ambit of the law so that those institutions who do not comply, necessary mechanisms could be taken to rectify the situation.
The Committee would like to extend its appreciation to the Department and associated entities for attending and participating in the budget hearings.
TUESDAY, 21 JUNE 2005
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 21 June 2005 in terms of
Joint Rule 160(4), classified the following Bill as a section 76
Bill:
(i) National Credit Bill [B 18 – 2005] (National Assembly –
sec 76)
- Translations of Bill submitted
(1) The Minister of Finance
(i) Wysigingswetsontwerp op Belastingwette [W 19—2005]
(National Assembly—sec 77)
This is the official translation into Afrikaans of the Taxation
Laws Amendment Bill [B 19—2005] (National Assembly—sec 77).
(2) The Minister of Trade and Industry
(i) Wysigingswetsontwerp op Beslote Korporasies [W 6—2005]
(National Assembly—sec 75)
This is the official translation into Afrikaans of the Close
Corporations Amendment Bill [B 6—2005] (National Assembly—sec
75).
National Assembly
- Membership of Assembly
The following member has resigned his seat in the National Assembly
with effect from 15 June 2005:
Zuma, J G.
- Membership of Committees
(1) The following changes have been made to the membership of
Standing Committees, viz:
Private Members’ Legislative Proposals and Special Petitions:
Discharged: Jankielsohn, Mr R
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Finance Report of the Government Employees Pension Fund (GEPF) for 2003-2004, including the Report of the Independent Auditors on the Financial Statements for 2003-2004 [RP 153-2004].
-
SPEAKER AND THE CHAIRPERSON
REPORT OF THE SOUTH AFRICAN DELEGATION TO THE 112TH IPU ASSEMBLY IN MANILA, 3-8 APRIL 2005
-
Introduction
A number of activities and meetings preceded the official start of the Assembly. These included meetings of the Executive Committee of the IPU, the Steering Committee and cultural activities organized by the host country. In communication sent to parliaments the following agenda was submitted to help delegations prepare for the 112th Assembly:
Agenda
▪ Election of the President and Vice-Presidents of the 112th Assembly.
▪ Consideration of possible requests for the inclusion of an emergency
item in the Assembly agenda.
▪ General debate on the political, economical and social situation in
the world with the overall theme of The impact of domestic and
international policies on the situation of women.
▪ The role of parliaments in the establishment and functioning of
mechanisms to provide for the judgement and sentencing of war crimes,
crimes against humanity, genocide and terrorism, with a view to
avoiding impunity (Committee on Peace and International Security).
▪ The role of parliaments in establishing innovative international
financing and trading mechanisms to address the problems of debt and
achieve the Millennium Development Goals (Committee on Sustainable
Development, Finance and Trade).
▪ The role of parliaments in advocating and enforcing observance of
human rights in the strategies for the prevention, management and
treatment of HIV/AIDS pandemic (Committee on Democracy and Human
Rights). The South African delegation was as follows:
Members
Mbete, B (Speaker and Leader of the Delegation) Bapela, K O Coetzee, R De Lille, P Mgabadeli, H C Mahlawe, N M Njikelana, S J (additional, as IPU Committee rapporteur) Themba, M P Van der Merwe, J H
Officials
Hahndiek, K Paulse, C Barnard, A Mamabolo, A M
- Inaugural ceremony of the 112th Assembly of the Inter-Parliamentary Union
The inaugural ceremony of the 112th IPU Assembly took place on 3 April. The Ceremony was addressed by the President of the Republic of the Philippines, H.E. Mrs Gloria Macapal-Arroyo and Mr Robert Orr, Assistant Secretary- General for policy planning, United Nations.
Address by Mr Robert Orr
Presenting the message from the UN Secretary-General, Mr Orr said that world leaders would meet at a summit in New York to review progress since the Millennium Declaration. Decisions there would set the world on course to halve global poverty in ten years, reduce the threats of war and terrorism and reform the United Nations in an unprecedented way. He asked each developing country to adopt and start to implement comprehensive national strategies and to complete the Doha round of trade negotiations by 2006 in order to reach, by 2015, the agreed target of spending 0.7 per cent of GDP on official development assistance. He invited all states to complete and sign comprehensive conventions on terrorism and nuclear terrorism, and to form a UN Peacebuilding Commission.
Address by the President of the Republic of the Philippines, H.E. Mrs Gloria Macapal-Arroyo
The President said that the Assembly had gathered to celebrate democracy and parliamentarians across the world who had dedicated their lives to building the fabric of democracy. Pressing issues for the Assembly were: the eradication of poverty, strengthening security in the face of terrorism whilst preserving individual liberty, globalisation and equality for all. She welcomed the biggest delegation of women parliamentarians in the twenty- year history of the association. She declared the 112th Assembly open.
- Africa Group
Six geopolitical groups are active within the IPU. The geopolitical groups exist to facilitate the work of the IPU. The Africa Group, which is one of the geopolitical groups, convenes meetings of all African parliamentary delegations attending IPU Assemblies in order to discuss issues of mutual interest.
Emergency item
The meeting discussed the eight proposals which were submitted for inclusion as emergency items in the agenda of the Assembly.
A decision was taken to support the proposal put forward by Algeria. Other delegations, including South Africa, felt however that the proposal by Algeria was reactive as it dealt only with rebuilding countries devastated by natural disasters and did not address the issue of how countries should plan and prepare themselves to deal with natural disasters, and proposed that there should be built into the proposal an element of proactiveness.
The meeting then agreed that the delegation of Algeria should meet the delegation of Turkey which had submitted a broader proposal on the same topic, with a view to coming up with a new wording taking into consideration the concerns raised in the meeting of the African Group.
Filling of vacancies
a) Elections to the Bureaux of the Standing Committees
The Officers of the three Standing Committees were due for election at the end of the 112th Assembly. The Africa Group agreed that the incumbents in the Bureaux of the Standing Committees who were from the African Group and who were eligible for re-election, be nominated to continue in their posts and complete their four-year terms of office.
b) Presidency of the IPU Two candidates had presented themselves as candidates for President of the IPU. The two candidates are Mr P F Casini of Italy and Mr G Versnick of Belgium. The election of the President of the IPU will take place during the 113th IPU Conference in October 2005 in Geneva.
The delegations of the Parliaments of Egypt and Morocco expressed their support for Mr Casini and urged the African Group to put its weight behind him. Other delegates felt that they were not against the candidature of Mr Casini in principle but that they would like Mr Casini to address the African Group.
- Governing Council
The Governing Council met on 4 and 8 April 2005. The Council heard the report of the President of the IPU on his activities since the 175th session of the Governing Council, and the annual report of the Secretary General on the activities of the IPU in 2004. The Council examined the request for reaffiliation to the IPU submitted by the Parliament of Georgia, and decided to readmit the Parliament of Georgia as a member of the Union.
The Council also examined reports on the following issues:
Speakers’ Conference
The Speakers’ Conference is scheduled for 7 to 9 September 2005. All the preparations for the Conference are being made by the Preparatory Committee set up by the Union’s governing bodies. The Committee will hold its final meeting in Libreville, Gabon from 20 to 22 May 2005. On that occasion, the Committee will address four major issues, namely,
▪ The draft declaration for the Speakers’ Conference
▪ Follow-up to the 2000 Speakers’ Conference
▪ Review of the handbook on Framework for democracy
▪ Cooperation between parliaments and the United Nations
Meeting of Women Parliamentarians
The tenth Meeting of Women Parliamentarians took place on 3 April and was attended by 120 women from 79 different countries. Ms Mgabadeli, Ms de Lille and Ms Themba attended the meeting. Men parliamentarians also participated in the meeting. The Meeting of Women Parliamentarians celebrated its twentieth anniversary. The Meeting was briefed on the work of the Gender Partnership Group on the activities relating to monitoring the participation of women at the IPU, examining the budget from a gender perspective and monitoring the situation of parliaments without women members. In this regard, the Group held a dialogue session with the delegation from Kuwait.
Philippine and South Africa were recognized as some of the countries with progressive gender laws.
Gender Partnership Group
The Group studied the composition of delegations attending the 112th IPU Assembly in Manila and previous IPU statutory meetings. As at 7 April 2005, out of the 614 delegates attending the 112th IPU Assembly, 165 were women (26.9%). At the 112th Assembly, the 12 all-male delegations were from the Parliaments of Algeria, Bolivia, the Democratic Republic of Korea, El Salvador, Iceland, Kuwait, Mali, Malta, Papua New Guinea, Samoa, Saudi Arabia and the Syrian Arab Republic. The Group engaged in dialogue with the delegation of Kuwait regarding progress made in the promotion of women’s rights in that country. It took note of recent developments in Kuwait and expressed its support for a bill currently under consideration at the Majles Al Ummah which would grant women the right to vote and to stand for elections at both the local and national levels.
Committee on the Human Rights of Parliamentarians
The Governing Council adopted, on the recommendation of the Committee on the Human Rights of Parliamentarians, a report with resolutions relating to 17 countries on individual human rights cases. Parliaments were urged to follow up in whatever manner they may deem appropriate on one or more of the resolutions on individual human rights cases.
Committee on Middle East Questions
The Committee agreed that prospects for peace in the region had considerably improved in recent months, although it was too early to talk of significant steps forward. The Committee also discussed the possibility of an IPU mission being sent to the region at the time of the Palestinian legislative elections on 17 July 2005 and expressed the hope that discussions on the subject under way in the Executive Committee of the IPU would lead to the establishment of an IPU presence on that occasion.
Committee to promote respect for international humanitarian law
The Committee discussed the results of the regional parliamentary conference on Refugees in Africa: The challenges of protection and solutions held in Cotonou (Benin) in June 2004. The African Parliamentary Union (APU) will be discussing follow-up to the Conference at the meeting of its Executive Committee in May 2005. It was agreed that contacts with national parliaments should be enhanced within the framework of the APU’s follow-up mechanism. Furthermore, emphasis was also laid on the importance of engaging sub-regional parliamentary assemblies in Africa to ensure efficient implementation of the Cotonou results. A practical booklet on the Conference was produced by United Nations High Commissioner for Refugees (UNHCR), and the APU will be distributing it to its members.
Consultants’ report on communications strategy
The IPU took the first step to develop a corporate branding and communications strategy. Saatchi & Saatchi Geneva was chosen to prepare a strategic analysis with specific proposals, inter alia, on how to make the IPU better known and its mission and work better understood.
The consultants identified charter and structure, leadership, attitude and resources as issues to be addressed.
They also observed that the level of investment in communications must be increased in order to raise the profile of the organization. Leadership of the organization must be visible, and the President, Executive and senior members of the Secretariat must be directly involved in brand-building and communications and be willing to commit the necessary time.
Future Inter-Parliamentary Union meetings
The Governing Council approved the following meetings:
14 – 19 October 2005 113th Assembly and Related Meetings Geneva
7 – 12 May 2006 114th Assembly and Related Meetings Nairobi (Kenya)
Amendments to the Statutes
The Executive Committee proposed to the Governing Council that when considering requests from potential members for cancellation of former debts owing to the Union, particular consideration should be given to the following: whether the parliament in question has relinquished a single- party system in favour of a multi-party one, the amount of time that has elapsed since previous membership of the Union, the severity of the economic circumstances prompting the request, and the external factors causing those circumstances, such as recent civil strife. The Governing Council approved in principle a new rule in that regard.
- The 112th Assembly of the Inter-Parliamentary Union
The Assembly met on 4, 5, 7 and 8 April. At the first sitting of the Assembly on 4 April, Mr Franklin M Drilon, President of the Senate (Philippines) was elected President by acclamation and took the chair. The Assembly held a general debate on the political, economic and social situation in the world with the overall theme of “The impact of domestic and international policies on the situation of women”. During the general debate, a number of speakers from different parliaments took the floor. The Speaker and Mr Coetzee participated in the general debate on behalf of the South African delegation. The Speaker also chaired part of the morning session of the Assembly on Monday, 4 April.
In her speech, the Speaker said that African leaders needed to be commended for adopting positions which favoured women especially in the African Union (AU). 50 per cent of AU’s commissioners were women. In the South African Government, 41.2 per cent of Ministers were women. Resources were needed to turn policies into better lives for women. International and national policies were good and effective only if those committed to them allocated resources for their implementation. They would be effective when parliamentarians played the necessary oversight role to ensure that the executive complied with the international conventions ratified by individual countries.
In his speech, Mr Coetzee said that the situation of women was best in those countries which had a culture of protecting the individual rights of every person. One underlying factor in the pandemic of HIV/AIDS in Sub- Sahara was the fact that many women did not have the power, either physical or social, to control what happened to their bodies. The empowerment of women in the fight against HIV was two parts of the same struggle.
The Assembly was also addressed by Ms Carol Bellamy, Executive Director of UNICEF.
Ms Bellamy said that there had been an 18 per cent decline in child mortality since 1990, but the marginalisation and exploitation of children continued. She appealed to delegates to use their power to create real and lasting improvements for children. Beyond charity, there was a need for acts of law and leadership by legislators. Powerful interests wished to spend money on the military and bureaucracy. However, there were even stronger reasons to fight for women and children, to enable them to realize their full potential and protect them from abuse. A UNICEF report in 2005 had identified conflict, poverty and HIV/AIDS as the key challenges facing children and women. It had found that more than one billion children were being robbed of their childhood by these three forces.
Half a million women died in childbirth every year. HIV/AIDS spread ever more rapidly amongst women, whilst the use of systematic rape as a weapon of war was increasing. One of UNICEF’s Millennium Development Goals was the empowerment of children and women.
- Consideration of possible requests for the inclusion of an mergency item in the Assembly agenda
Eight items, all on natural disasters, were submitted by Sri Lanka, Algeria, Japan, Chile, Hungary, Turkey, Indonesia, and the Islamic Republic of Iran. After discussion, the nine sponsors finally agreed to submit the following item to the Assembly:
Natural disaster: The role of parliaments in prevention, rehabilitation, reconstruction and the protection of vulnerable groups.
The item was unanimously agreed to and referred to a Drafting Committee. Mr Bapela represented the South African delegation on the Drafting Committee. The Drafting Committee examined various proposals and prepared a draft resolution which was subsequently adopted by the Assembly. The resolution is attached as annexure “A”.
- First Standing Committee on Peace and Security
The Committee considered the following agenda item: The role of parliaments in the establishment and functioning of mechanisms to provide for the judgement and sentencing of war crimes, crimes against humanity, genocide and terrorism, with a view to avoid impunity. The Committee had before it a report and a draft resolution prepared by the co-rapporteurs, as well as amendments and sub-amendments to the draft resolution that had been submitted within the statutory deadline. Mr Van der Merwe and Ms Mahlawe represented the South African delegation on the Committee. Following the debate, the Committee appointed a Drafting Committee. The Drafting Committee examined the draft resolution submitted by the rapporteurs and proposed amendments, as well as sub-amendments and amended the draft resolution accordingly. The drafting committee then prepared a draft resolution which was considered by the Standing Committee and adopted by consensus. The plenary sitting of the Assembly adopted the draft resolution (attached as annexure “B”) unanimously. The Committee proposed to the Assembly the inclusion on the agenda of the 114th Assembly a subject item entitled “The role of Parliaments in strengthening the control of trafficking in small arms and light weapons and their ammunition”, and the appointment of the following persons as co- Rapporteurs: Mr Francois-Xavier de Donnea (Belgium) and Mrs Ruth Oniango (Kenya). The proposals were subsequently approved by the Assembly.
- Second Standing Committee on Sustainable Development, Finance and Trade
The Committee considered the following agenda item: The role of parliaments in establishing innovative international financing and trading mechanisms to address the problem of debt and achieve the Millennium Development Goals. The Committee considered a report and draft resolution prepared by the co- rapporteurs, as well as amendments and sub-amendments. Ms De Lille and Ms Mgabadeli represented the South African delegation on the Committee. Following the debate, the Committee appointed a Drafting Committee. The Drafting Committee examined the draft resolution submitted by the rapporteurs and proposed amendments. The drafting committee then prepared a draft resolution which was considered by the Standing Committee and adopted by consensus. The draft resolution (attached as annexure “C”) was subsequently submitted to the plenary sitting of the Assembly and unanimously adopted. The Committee proposed to the Assembly the inclusion on the agenda of the 114th Assembly a subject item entitled “The role of Parliaments in environmental management and in combating global degradation of the environment”, and the appointment of the following persons as co- Rapporteurs: Mr Shuichi Katoh (Japan) and Mr Jose Thomaz Nono (Brazil). The proposals were subsequently approved by the Assembly.
- Third Standing Committee on Democracy and Human Rights
The Committee considered the following agenda item: The role of parliaments in advocating and enforcing observance of human rights in the strategies for the prevention, management and treatment of the HIV/AIDS pandemic. The Committee had before it a report and a draft resolution prepared by the co-rapporteurs, as well as amendments to the draft resolution. Ms Themba and Mr Coetzee represented the South African delegation on the Committee. Mr Coetzee participated in the debate. Following the debate, the Committee appointed a drafting Committee. The drafting Committee examined the draft resolution submitted by the rapporteurs and enhanced it with some of the proposed amendments. The drafting committee then prepared a draft resolution which was considered by the Standing Committee and adopted by consensus. The draft resolution (attached as Annexure “D”) was subsequently adopted by consensus by the plenary sitting of the Assembly. The Committee proposed to the Assembly the inclusion on the agenda of the 114th Assembly a subject item entitled “How parliaments can and must promote effective ways of combating violence against women in all fields”, and the appointment of the following persons as co-Rapporteurs: Mrs Maria Antonia Martinez Garcia (Spain) and Mrs Hyehoon Lee (Republic of Korea). The proposals were subsequently approved by the Assembly.
- Committee on the Human Rights of Parliamentarians
The South African delegation requested an opportunity to be heard by the Committee on the Human Rights of Parliamentarians, which is investigating a complaint about the manner in which a former member of the National Council of Provinces (NCOP), was removed as a permanent member after the Provincial Legislature of the Western Cape had passed a motion of no confidence in her, as a result of which the party that nominated her recalled her as a permanent delegate.
Mr Van der Merwe had prepared and forwarded to the Secretary of the IPU Parliament’s written reply to the complaints. Mr Van der Merwe, Ms Mahlawe, and Mr Hahndiek appeared before the Committee in person. Mr Van der Merwe stated Parliament’s case and reacted to various questions by Committee members. The Committee has not yet, however, made known their verdict to the Governing Council.”
- Bilateral meetings
The following bilateral meetings took place:
▪ The Speaker met the Speaker of the Zambian Parliament wherein it was
agreed that a meeting of SADC country delegations should be convened
at each IPU Assembly.
▪ The Speaker met the delegation from the Ivory Coast to discuss the
peace process in that country.
▪ Mr Van der Merwe met the delegation of Israel. The delegation met
their counterparts from Palestine to discuss the political situation
in that country.
- Observations and conclusions
The general organisation and security of the Assembly was commendable. The delegation wishes to express gratitude for the hospitality accorded by the South African Embassy staff in the Philippines, the Philippine Ambassador to South Africa, and the people of Philippine.
The quality of inputs and participation of all speakers at the Assembly and the South African delegation in particular is laudable.
During the debates, the ever-growing potential and visible momentum of parliaments to contribute to world peace, stability and a better life for all and the need to enhance cooperation between the IPU and the UN were highlighted.
- Challenges
▪ It is important for adequate preparations to be done for
international events such as this.
▪ South Africa as a country should add more value in its contribution
to the proceedings of the IPU and also benefit from the IPU.
▪ Adequate interest and publicity on IPU within our Parliament should
be generated.
▪ The IPU presents an opportunity of cross-pollination of ideas and
further triggers and emphasises the need to craft local programmes of
the legislature and integrate them with global activities in such a
way that there is visible reciprocation.
- Recommendations
The National Assembly should:
a) ensure the provision of adequate resources and better planning in order for the National Assembly to contribute to a better world for all through the IPU.
b) develop short, medium and long-term strategies and plans on its participation in the IPU.
c) establish a joint National Assembly/National Council of Provinces structure that will consistently strategise, plan and implement above plans and other activities at international level.
d) Appoint a core of 3-4 representatives to IPU for the rest of the term of the current Parliament, and another group of 8-9 representatives on rotation basis.
e) Assign the Presiding Officers to take the responsibility for the above recommendations and report to the National Assembly on an annual basis.
ANNEXURE “A”
NATURAL DISASTERS: THE ROLE OF PARLIAMENTS IN PREVENTION, REHABILITATION, RECONSTRUCTION AND THE PROTECTION OF VULNERABLE GROUPS
Resolution adopted unanimously by the 112th Assembly (Manila, 8 April 2005) The 112th Assembly of the Inter-Parliamentary Union, Concerned that earthquakes, tsunamis, torrential rains, heavy snows, high winds (including typhoons and tornados), floods, landslides, volcanic eruptions, forest fires, droughts, locust infestations and other serious natural disasters are a great transnational threat to all people, that socially vulnerable poor people in developing nations particularly vulnerable to disasters are frequently the ones who suffer great damage and become internally displaced persons or refugees after a natural disaster strikes, and that the secondary effects of natural disasters, such as food shortages and the deterioration of sanitary conditions, become enduring and serious problems, Aware that all disasters, including man-made disasters, are a direct threat to human beings; and that from the viewpoint of guaranteeing human security, it is essential when they strike to ensure that aid truly addresses the suffering of those affected by the disaster, and to increase the capacity of individuals and local communities to take the initiative, Taking note that over 270,000 innocent citizens of Indonesia, Sri Lanka, India, Thailand, Malaysia, Myanmar, the Maldives, Bangladesh, Somalia, Kenya, Tanzania and other countries were killed on 26 December 2004 as a result of the major earthquake off the coast of Sumatra and the tsunami in the Indian Ocean, that tens of thousands of people are still missing, and that many hundreds of others lost their lives as a result of the aftershocks in Indonesia three months later, Expressing its sincere condolences to those who lost loved ones in the tsunami disaster and the aftershocks, as well as to the people, parliaments and governments of the nations affected by the disaster, Praising the leadership role played by the affected nations in responding to the disaster and holding in high regard the speedy cooperation demonstrated by the international community in carrying out relief activities in response to the United Nations appeal for emergency support, Appreciating the fact that the United Nations and its specialised agencies, such as the Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Children’s Fund (UNICEF), the World Health Organization (WHO), the World Food Programme (WFP), and the World Bank, the International Monetary Fund (IMF) and other institutions such as the International Red Cross and Red Crescent Movement and the Asian Development Bank (ADB), as well as governments and so many international humanitarian organisations, have come forward immediately to provide urgent humanitarian assistance to meet the needs of the victims of the tsunami disaster and to provide emergency health care, shelter and food to the people of the affected countries, and expressing respect and thanks to the United Nations Secretary-General for his prompt action to visit the affected countries in order to carry out an on-the-spot investigation into the devastation and havoc caused by the tsunami, Recalling the Declaration on Action to Strengthen Emergency Relief, Rehabilitation, Reconstruction and Prevention in the Aftermath of the Earthquake and Tsunami Disaster of 26 December 2004, adopted at the special meeting held in Jakarta on 6 January 2005 of the leaders of the member States of the Association of Southeast Asian Nations (ASEAN) in the aftermath of the earthquake and tsunami, and the numerous other discussions that have taken place on this subject at the international level, Recalling the resolution adopted by the 108th IPU Conference, held in Santiago in 2003, on international cooperation for the prevention and management of transborder natural disasters and their impact on the regions concerned, Aware that the damage from the recent earthquake and tsunami was worsened due to the lack of a tsunami early warning system in the Indian Ocean rim area and the lack in the affected area of disaster prevention awareness regarding the cause-and-effect relationship between major earthquakes and tsunamis, Noting that the Special Session on the Indian Ocean Disaster held at the World Conference on Disaster Reduction (Kobe, Japan, 18–22 January 2005) emphasised the importance of comprehensively evaluating all the lessons learned from the tsunami disaster and continuing international and regional dialogues and discussions to build an early warning system, Noting that a report of UNICEF estimated that over one third of those who died in the recent earthquake and tsunami were children, and deeply concerned that the surviving children who have suffered from the disaster are now being exposed to such threats as human trafficking and infectious diseases, Emphasising the importance of emergency humanitarian relief activities promoted in response to this tragedy by UNICEF, the International Organization for Migration (IOM), WHO and others, for both the survival and the protection of children, Reconfirming the importance of a multifaceted contribution by parliaments and parliamentarians to emergency humanitarian relief for women and children who are vulnerable in post-disaster situations, Recognising the need for psychological assistance and counselling to eliminate the mental trauma for millions of innocent victims of major human disasters, and acknowledging the effectiveness of the various kinds of support provided by non governmental organisations, Considering the importance of international cooperation, solidarity and partnership, as well as good governance at all levels, in strengthening global disaster reduction activities,
- Calls upon the international community to renew its determination to prevent disasters where possible and to minimise the impact of unavoidable natural disasters by making maximum use of past lessons learned in order to prepare for natural disasters, which can strike anywhere in the world, and to achieve the common desire of all humankind to prevent extensive damage, and particularly the loss of life;
- Proposes that nations around the world that are frequently struck by disasters further strengthen their cooperation in disaster prevention efforts; encourages them to provide and share know-how, expertise, technology, and other information for the establishment of an early warning system; and urges concerned governments to move forward with concrete efforts to establish a tsunami early warning system in the Indian Ocean region under international coordination, administered by United Nations entities, including the Intergovernmental Oceanographic Commission (IOC) of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the International Strategy for Disaster Reduction (ISDR);
- Calls upon the parliaments of every nation to urge their governments to support, in partnership with the United Nations, effective projects conducted by international organisations such as the International Red Cross and Red Crescent Movement, UNICEF, IOM, the United Nations Human Settlements Programme (UN-HABITAT), WHO, and the United Nations Development Fund for Women (UNIFEM) to support children, women, the poorest and other members of society who are vulnerable in post- disaster situations;
- Proposes that the parliaments of affected nations and international organisations involved in relief efforts call upon governments to implement plans for the protection and survival of children, including (i) measures to combat human trafficking and to support family reunification, (ii) the establishment of child protection facilities and temporary housing for single-parent families, (iii) services to relieve psychological trauma, (iv) measures to control infectious diseases, and (v) nutritional support for children;
- Calls upon the parliaments of the affected countries and their neighbours to protect from human trafficking, infectious diseases and other secondary damage children who have been orphaned or who remain unidentified after the disaster, by disseminating information, inter alia by drawing society’s attention to this matter and educating the government and police, and by appealing to their national governments to take institutional preventive measures, including the proper and prompt strengthening of the legal system, for example through the temporary suspension of adoption procedures;
- Urges the parties concerned to be particularly attentive to the importance of local ownership of the reconstruction process; suggests that efforts should be made at all levels to promote the participation of vulnerable populations in planning, decision-making and operational activities, thereby making reconstruction more effective and strengthening local democracy; and urges all concerned in the reconstruction effort to take steps to create societies and economies that are environmentally and ecologically sustainable;
- Urges the United Nations and other institutions of the international community, and particularly donor countries and the international financial institutions, to honour their pledges of funding and assistance in support of the national rehabilitation and reconstruction efforts of affected countries; and encourages IPU Member Parliaments whose governments have made pledges of assistance to take decisive steps towards their realisation in a timely and urgent manner;
- Strongly urges all parties engaged in the rehabilitation and reconstruction process to be rigorous in the fight against every form of corruption, including profiteering, in the drafting and management of all programmes;
- Calls upon the countries affected by the tsunami disaster to be responsible, accountable and transparent and to provide the international community as quickly as possible with death tolls and all other relevant information regarding the resulting damage in order to ensure the delivery of aid suitable for the actual situation and to facilitate decisions relating to the distribution of assistance; and further calls upon the affected countries to make every effort to ensure that such assistance is used as quickly as possible for the direct benefit of the tsunami victims, and is used conscientiously to rebuild their respective nations;
- Recognises the important role played by both the print and the electronic media in providing updated information regarding the tsunami disaster, in encouraging the world community to provide assistance to the tsunami victims and in disseminating all relevant information on this disaster; and urges the media to do the same in all disaster situations;
- Calls upon all countries to be prepared to face such natural disasters in the future and to help developing countries to acquire natural disaster warning systems and natural disaster preparation plans; and further calls upon scientifically developed countries to share information on such disasters with the rest of the world, the United Nations and appropriate international institutions;
- Calls upon the parliaments of every nation to support all disaster prevention measures, humanitarian aid and long-term reconstruction assistance implemented by governments, international organisations and others; and urges governments to take part in the international coordination of assistance in order to ensure the efficient use of available resources, without prejudice to bilateral support and aid provided by individual countries or international organisations to afflicted nations;
- Calls upon Member Parliaments to urge their governments to draw up or strengthen existing legislative policies relating to the creation, training and support of local field disaster response teams in all areas, and particularly disaster-prone areas, to predict, prepare for, plan for and prevent natural and man-made disasters, to cope with and mitigate the effects of the resulting damage, and to relieve, rehabilitate and resurrect areas affected by disasters, employing inter alia the following methods: (a) Capacity-building through the establishment of early warning systems and hazard mapping, and by determining escape routes, setting up evacuation centres and preparing disaster prevention measures; (b) The establishment of quick and efficient disaster reporting mechanisms, providing information on inter alia the extent of the damage, the number of affected families, and the number of dead, missing and injured people, prioritising the needs to be met, coping with and minimising the damage, and distributing relief supplies such as food, non-food items, emergency shelter materials and provisions for rehabilitation, including financial aid, housing and loans; (c) Creating emergency medium- and long-term rehabilitation plans, giving particular consideration to women, children, the elderly and other members of society who are most vulnerable in every aspect of a disaster;
- Calls upon Member Parliaments to create strategically located regional disaster training, logistics and reaction centres, inter alia to train local field disaster response teams, to share international technical know-how, expertise, technology, and other information relating to disaster prevention, training and management, to pre-position emergency equipment for quick delivery and use by international response teams that respond immediately in affected areas using information previously gathered on disaster-prone areas, and to coordinate, mobilise and liaise with local field disaster response teams in the affected areas; and further urges collaboration between these regional disaster training, logistics and reaction centres and international humanitarian organisations such as those of the United Nations, its affiliates and agencies, and the International Red Cross and Red Crescent Movement, without prejudice to bilateral support and aid provided by individual countries or international organisations to afflicted nations;
- Invites all Member Parliaments of the IPU to take urgent action to follow up on the recommendations contained in this resolution, and thus reaffirm their commitment to provide steadfast support for all initiatives, especially during times of extreme emergency, and to preserve the sanctity of life, alleviate human suffering, and uplift the dignity of all peoples.
ANNEXURE “B”
THE ROLE OF PARLIAMENTS IN THE ESTABLISHMENT AND FUNCTIONING OF MECHANISMS TO PROVIDE FOR THE JUDGEMENT AND SENTENCING OF WAR CRIMES, CRIMES AGAINST HUMANITY, GENOCIDE AND TERRORISM, WITH A VIEW TO AVOIDING IMPUNITY Resolution adopted unanimously by the 112th Assembly (Manila, 8 April 2005) The 112th Assembly of the Inter-Parliamentary Union, Deeply concerned by the fact that in today’s world, many regions and whole societies are brutally affected by the persistence of war crimes, crimes against humanity, genocide and/or terrorism, all of which are serious crimes of concern to the international community as a whole, Convinced that there is no justifiable cause for those abhorrent crimes, Considering that, in keeping with the principles enshrined in the United Nations Charter, international human rights law, international humanitarian law and international criminal law, appropriate instruments have been developed, and that it is of paramount importance to ensure that their provisions be enforced, in conformity with the international obligations assumed by States, Recalling in this respect the particular importance of ensuring respect for the rights and fundamental freedoms enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Geneva Conventions for the protection of victims of war of 12 August 1949 and their Additional Protocols, the Convention on the Prevention and Punishment of the Crime of Genocide and other instruments, treaties and agreements ensuring respect for human dignity, as well as the human rights norms of customary international law as reflected by state practice, Considering that under international law, no statutory limitation applies to war crimes, crimes against humanity, genocide and terrorism, and such crimes are not subject to amnesty, clemency or pardon, and that this has been confirmed by the judgements of national and international courts, Recalling the resolutions on peace, security and disarmament adopted by the IPU since 1990, Stressing the importance of the International Criminal Court (ICC) in preventing and punishing war crimes, genocide and crimes against humanity, and recalling in this respect that States party to the Rome Statute of the ICC have a duty to prosecute such crimes themselves or to refer persons suspected of such crimes to the jurisdiction of the ICC, and also that international humanitarian law, as enshrined in the Geneva Conventions for the protection of victims of war of 12 August 1949 and their Additional Protocols, places the obligation on States to search for and try persons alleged to have committed, or have ordered to be committed, grave breaches, regardless of the persons’ nationality or where the violations take place, Recognising that the jurisdiction of the ICC is limited to crimes committed on or after 1 July 2002 and that there is a need for mechanisms to address war crimes, crimes against humanity and genocide committed before that date, Considering the Rome Statute, which requires States Parties to cooperate with the ICC in order to combat war crimes, crimes against humanity and genocide, and considering the 12 international conventions and protocols relating to terrorism, Concerned at the lack of progress made, on the one hand by the States Parties to the Rome Statute of the ICC and on the other hand by all States, in implementing the necessary mechanisms to support, respectively, the Statute, and the provisions adopted by the United Nations and other bodies to combat these crimes, Recognising that political will to speak out against racism, xenophobia and intolerance is an essential element in ending impunity, Concerned at the fact that the implementation of agreements on the prosecution of war crimes, crimes against humanity, genocide and terrorism has been delayed, set aside, or omitted by some States, thus subjecting these agreements to different interpretations and reducing their effectiveness, alarmed at the possibility that this may signal a permissive attitude towards impunity, and concerned at the fact that many States have not yet ratified or acceded to the Rome Statute, Convinced that parliaments have a primary responsibility, and must, by enacting necessary legislation, play a central role in the prevention, punishment and avoidance of impunity for war crimes, crimes against humanity, genocide and terrorism, and that a multilateral approach among parliaments is an appropriate way to facilitate the implementation of mechanisms required for the enforcement of judgements and penalties for these abhorrent crimes, Recalling that each State has the obligation and the duty to prosecute or extradite the perpetrators of war crimes, crimes against humanity, crimes of genocide and terrorist crimes, irrespective of the location of the crime or the nationality of the perpetrator or the victim, Recalling that victims of war crimes, crimes against humanity, genocide and terrorism have the right to truth, justice and reparation,
- Strongly condemns, without exception, all acts, methods and practices of war crimes, crimes against humanity and genocide;
- Strongly condemns all acts, methods and practices of terrorism in all its forms and manifestations, wherever and by whomsoever committed, including those in which States are directly or indirectly involved, which threaten friendly relations among peoples, endanger or take innocent lives, have a deleterious effect on international relations and may jeopardise the security and territorial integrity of States;
- Strongly advises all IPU Member Parliaments to assume, before their States and citizens, in conformity with their national legislations and the international obligations of States, the responsibility for implementing and enforcing, through the enactment of national laws, the international agreements that have been concluded to punish and prevent war crimes, crimes against humanity, genocide and terrorism;
- Recommends that through the inter-parliamentary activity of IPU Members, efforts should be combined and experiences shared in order to develop the necessary mechanisms to pursue these objectives, and to avoid impunity for those individuals, organisations and States that commit war crimes, crimes against humanity, genocide and terrorism;
- Urges Member Parliaments duly to codify, in accordance with international law, in particular international humanitarian law, human rights law and refugee law, these abhorrent crimes in their domestic criminal law, and to establish the corresponding penalties and mechanisms to avoid impunity;
- Invites those States which have not yet done so to ratify or accede to the Rome Statute and to ratify the Agreement on the Privileges and Immunities of the International Criminal Court; and encourages all Member Parliaments whose States are parties to the Rome Statute to pass domestic legislation in order to allow them to cooperate with the ICC;
- Recommends that all parliaments, including those of States which have not ratified the Rome Statute, enact laws for the prevention and punishment of war crimes, crimes against humanity, genocide and terrorism;
- Recommends that all parliaments support and cooperate with the ICC and other competent bodies (such as national and international commissions for the investigation of crimes against humanity and national and international courts), and thus strengthen parliamentary action to eradicate war crimes, crimes against humanity, genocide and terrorism;
- Recommends that States specifically address the issue of war crimes, crimes against humanity and genocide committed before the entry into force of the Rome Statute in a framework of justice and legality, which are the necessary conditions to attain peace and the respect of human rights in each country and in the international community;
- Urges Member Parliaments to reject bilateral agreements that would provide for immunity from investigation and prosecution, by the ICC or otherwise, for the nationals of any State;
- Recommends that all parliaments do everything in their power to assist with the criminal prosecution of persons being sought by the International Criminal Police Organization (Interpol), including by facilitating their hand-over;
- Calls on parliaments to consider ratifying, if they have not yet done so, the 12 multilateral treaties on terrorism and the relevant regional instruments, to incorporate their provisions into domestic legislation and to see to it that they are duly implemented;
- Recommends that all parliaments urge their respective governments to intensify efforts to come to a global agreement on terrorism, expressing the common awareness of States of the threat of international terrorism and providing a precise definition of the nature and actual features of this phenomenon, so as to combat it more effectively;
- Calls for recognition of the need to strengthen capacity-building assistance for countries which have the political will but lack the technical resources necessary to conclude and implement the 12 conventions and protocols relating to terrorism;
- Recommends that all parliaments enact legislation, in line with international law, to create civil procedures to provide compensation to victims of war crimes, crimes against humanity, genocide and terrorism;
- Encourages parliaments to make the fullest possible use of their competences and roles to achieve these objectives;
- Recommends that parliaments take account of international declarations and conventions on these subjects and of the considerations of the United Nations, the ICC and all related international or regional agencies, authorities and bodies;
- Invites parliaments to include in their agendas, as a priority, the activities required to implement all mechanisms which may contribute to the prosecution of war crimes, crimes against humanity, genocide and terrorism, including the strengthening of rule of law mechanisms, so as to avoid impunity for these crimes and to ensure the rights of the victims of such crimes to just reparation;
-
Invites the United Nations and parliaments to promote voluntary contributions to the ICC Trust Fund for Victims.
ANNEXURE “C”
THE ROLE OF PARLIAMENTS IN ESTABLISHING INNOVATIVE INTERNATIONAL FINANCING AND TRADING MECHANISMS TO ADDRESS THE PROBLEM OF DEBT AND ACHIEVE THE MILLENNIUM DEVELOPMENT GOALS Resolution adopted unanimously by the 112th Assembly (Manila, 8 April 2005) The 112th Assembly of the Inter-Parliamentary Union, Recalling the Declaration adopted on 1 September 2000 by the Presiding Officers of National Parliaments entitled The Parliamentary Vision of International Cooperation on the Eve of the Third Millennium, Recalling also the Millennium Declaration of 8 September 2000, which sets out eight time-bound and measurable goals collectively known as the Millennium Development Goals, as criteria established jointly by the international community for the elimination of poverty, and also the Human Development Reports drawn up by the United Nations Development Programme (UNDP), Recalling the final declarations of specialised United Nations conferences, in particular the International Conference on Financing for Development, held in Monterrey, Mexico in 2002, the World Summit on Sustainable Development, held in Johannesburg, South Africa in 2002, and the Third United Nations Conference on the Least Developed Countries, held in Brussels, Belgium in 2001, Recalling the Declaration adopted in New York on 20 September 2004 by 120 countries at the end of the Summit for Action against Hunger and Poverty, the September 2004 report by the Technical Group on Innovative Financing Mechanisms and the final reports of the UN Millennium Project, delivered on 17 January 2005, Recalling the resolutions of the Inter-Parliamentary Union, particularly those adopted by the 73rd Inter-Parliamentary Conference (Lomé, 1985) on the role of parliaments and their contribution towards the elimination of poverty by eliminating the burden of international debt; the 74th Inter- Parliamentary Conference (Ottawa, 1985) on the contribution of parliaments to the search for measures and actions aimed at removing the burden of foreign debt that weighs on the developing countries; the 88th Inter- Parliamentary Conference (Stockholm, 1992) on the need for a radical solution to the problem of debt in the developing world; and the 102nd Inter-Parliamentary Conference (Berlin, 1999) on the need to revise the current global financial and economic model, as well as the Final Document of the Inter-Parliamentary Conference “North-South Dialogue for Global Prosperity” organised by the IPU in Ottawa in 1993, and the resolutions adopted by the 107th Conference (Marrakech, 2002) on the role of parliaments in developing public policy in an era of globalisation, multilateral institutions and international trade agreements, and also by the Parliamentary Meeting on the occasion of the World Summit on Sustainable Development (Johannesburg, 2002), by the 108th Inter- Parliamentary Conference (Santiago, 2003) on parliament’s role in strengthening democratic institutions and human development in a fragmented world, and by the 109th Inter-Parliamentary Assembly (Geneva, 2003) on global public goods: a new challenge for parliaments, Greatly concerned by the fact that 1.2 billion people – or one in five persons in the world – survive on less than a US dollar a day in purchasing power parity per capita, below the international poverty rate set at a dollar a day, and that in the 1990s, poverty worsened in 54 countries, including 35 African countries, leaving them poorer at the end of the decade than in 1990, Concerned by the fact that even if the proportion of people in extreme poverty were to be halved by 2015 in comparison with 1990, it is clear that hundreds of millions of people in the developing world would continue to live in complete destitution, Recognising that the role of parliaments in championing the eight Millennium Development Goals (MDGs) is crucial, and that the adoption of the corresponding legislation and appropriate budgetary allocations is indispensable, Stressing the need for assistance and support to improve the institutional capacity of parliaments in developing countries, with a view to enabling them to exercise effectively the legislative, oversight and budgetary functions related to the MDGs, Recognising the importance of ensuring environmental sustainability in achieving the MDGs, stressing the role of the United Nations Decade of Education for Sustainable Development and the International Decade for Action: Water for Life, starting in 2005, and welcoming the entry into force of the Kyoto Protocol on 16 February 2005 as a significant step forward, Deeply concerned that in the current state of affairs, the financing of efforts to achieve the MDGs, and thus their implementation, is not ensured, Noting that economic growth, debt relief and public development assistance
- the three main sources of funding for development - are in the current
circumstances unable to generate the extra 50 to 100 billion dollars
required annually to achieve the MDGs,
Noting that the official development assistance (ODA) commitment (provision
of 0.7 per cent of gross domestic product (GDP)) is still not being met by
most countries, but noting with satisfaction the undertakings by several
countries to meet these commitments within the next decade,
Noting that despite the progress made on debt cancellation, relief and
rescheduling both bilaterally, and multilaterally in the framework of the
Bretton Woods institutions, the burden of the debt remains a major
constraint and an obstacle to economic growth and human development,
Convinced that increased development assistance funding can only be
beneficial if the receiving countries promote democracy and good
governance,
Convinced that globalisation is at the same time a source of opportunities
and challenges for all countries, and that it has an impact on people’s
everyday lives,
Noting that many developing countries are increasingly excluded from
international trade and capital flows, which results in poverty,
Noting the growing importance of international trade and investment and
their direct influence on the development and well-being of the nations of
the entire world, and concerned at the fact that the current international
trade and investment system is distorted in many sectors in favour of the
developed countries, and poses problems for many developing countries,
Noting that awareness of the importance of trade and investment to
furthering countries’ development has grown since the Fourth Ministerial
Meeting of the World Trade Organization (WTO), held in Doha, which sought
to place the needs and interests of the developing countries at the centre
of international trade negotiations and drew up the Doha Development
Agenda,
Welcoming the Geneva framework agreement of July 2004, a breakthrough in
the negotiations conducted by the WTO, following the failure of the Cancún
meeting,
Nonetheless concerned about the many uncertainties that remain in those
negotiations, in particular with regard to issues of great importance to
developing countries,
Noting the striking lack of resources currently available to achieve most
MDGs by 2015, and underscoring the responsibility of governments and the
parliaments which provide them with oversight to respect the commitments
made at the Millennium Summit in 2000,
Strongly believing that 2005 will be the key year for governments to act to
achieve the MDGs, at such high-level meetings as the G8 summit, to be held
in July, the high-level plenary meeting to review the implementation of the
United Nations Millennium Declaration of the sixtieth session of the United
Nations General Assembly, to be held in September, and the Sixth WTO
Ministerial Conference, to be held in December,
Looking forward to the forthcoming Millennium+5 Summit, to be held in New
York from 14 to 16 September 2005, and strongly wishing that the event will
re-energise global partnerships for the achievement of the MDGs;
- Urges the parliaments of the countries that adopted the Millennium Declaration which are Members of the IPU to support the implementation of the MDGs in their countries by allocating funds for this purpose in their national budgets;
- Encourages the parliaments of developed countries to demand that their governments fulfil their commitments to allocate 0.7 per cent of their GDP for ODA, as set out in the Millennium Declaration and the Monterrey Consensus;
- Urges the parliaments of the developing countries to make sure that their governments mobilise the resources required for development, combat corruption, continue institutional reform, adopt the economic and social policies appropriate to stimulate growth, establish national strategies which place the MDGs at the centre of their policies, and promote democracy and human rights, paying special attention to the implementation of the new World Programme for Human Rights Education, and follow the principles of good governance;
- Encourages the parliaments of the developing countries to defend the interests of their people in WTO negotiations and to strengthen their mutual cooperation;
- Urges the governments of the developed and developing countries to provide annual reports on the application and implementation of these strategies to their parliaments;
- Suggests that such reports should give rise to a parliamentary debate at the national, and if possible, regional level;
- Suggests that provisions should be made for the same kind of approach, involving a strategy and a report, at the regional level;
- Urges donor countries, in particular members of the Organisation for Economic Co-operation and Development (OECD), to draw up reports on the implementation of Goal 8 of the MDGs (develop a global partnership for development), specifying the action they have taken to achieve such objectives both quantitatively and qualitatively;
- Calls for efforts to enhance the effectiveness of aid at the international and regional levels, through better harmonisation of procedures and improved donor coordination;
- Urges donor countries to pursue collaboration with United Nations organisations, international financial institutions, other donor countries, NGOs and the private sector;
- Underscores the unbearable nature of the debt for a large number of developing countries; and calls urgently for effective debt cancellation and viable rescheduling procedures to be speeded up while measures are taken to avoid new over-indebtedness among developing countries;
- Suggests that a vital link be established between debt cancellation and the earmarking of resources thus freed up for investments related to the MDGs, in particular in the fields of health, education and gender equality, as set out in each country’s Poverty Reduction Strategy;
- Recommends the study of other mechanisms to help countries that have serious debt crises, but that have too high a per capita income to qualify for the assistance afforded to the heavily indebted poor countries (HIPCs);
- Expresses the wish that the needs of the developing countries be systematically taken into consideration in international trade negotiations under way in the framework of the WTO, in particular in respect of poverty alleviation, food security and sustainable income;
- Emphasises the central role of parliaments as the incarnation of popular sovereignty in expressing the will of peoples in international forums;
- Recommends the establishment by IPU Member Parliaments of specialised committees to follow up on international trade negotiations and on the actions of the international financial institutions, and to provide oversight of government action;
- Requests governments to inform their parliaments fully of the state of relevant international negotiations and the stakes involved;
- Requests the IPU, working with the WTO, to help strengthen the capacities of parliaments in this field;
- Suggests that governments include parliamentarians in the delegations that they send to take part in WTO ministerial meetings;
- Welcomes the adoption at United Nations Headquarters of the Declaration on Action against Hunger and Poverty by 120 countries on 20 September 2004, aimed in particular at supporting the establishment of new international financing tools for the MDGs;
- Recommends that a new resource should be set up, additional to existing mechanisms, and that it should be at the same time predictable and stable;
- Supports further work on proposals for international financing mechanisms as a creative and at the same time realistic way of providing additional resources for development;
-
Requests that the Second World Conference of Speaker of Parliaments, to be held at the United Nations in 2005, follow up on this matter.
ANNEXURE “D”
THE ROLE OF PARLIAMENTS IN ADVOCATING AND ENFORCING OBSERVANCE OF HUMAN RIGHTS IN THE STRATEGIES FOR THE PREVENTION, MANAGEMENT AND TREATMENT OF THE HIV/AIDS PANDEMIC Resolution adopted unanimously by the 112th Assembly (Manila, 8 April 2005) The 112th Assembly of the Inter-Parliamentary Union, Recalling the relevant resolutions of the IPU, especially the resolution entitled Action to combat HIV/AIDS in view of its devastating human, economic and social impact, adopted in Windhoek in 1998, and convinced that HIV/AIDS is an all-embracing threat against development, rather than an isolated health problem, Further recalling the International Guidelines on HIV/AIDS and Human Rights, issued by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 1998, and the Declaration of Commitment on HIV/AIDS “Global Crisis - Global Action” adopted by the United Nations General Assembly Special Session on HIV/AIDS in 2001, Taking note of the UNAIDS 2004 Report on the global AIDS epidemic, Affirming the recommendations contained in the document Guidance on ethics and equitable access to HIV treatment and care, issued by UNAIDS and the World Health Organization (WHO), Referring to the Handbook for Legislators on HIV/AIDS, Law and Human Rights, published jointly by the IPU and UNAIDS in 1999, Reaffirming the Millennium Development Goal (MDG) contained in the United Nations Millennium Declaration, which aims to halt and begin to reverse, by 2015, the spread of HIV/AIDS, Aware that the achievement of all MDGs, including those concerning education and food security, will not be feasible unless progress is made in addressing the challenge of HIV/AIDS and other communicable diseases, Deeply concerned that each year the number of people infected with HIV continues to grow, and also deeply concerned by the exponential growth in the number of women, young people and children affected by HIV/AIDS, Recognising that discrimination against women, both de jure and de facto, renders them particularly vulnerable to HIV/AIDS, Alarmed by the unprecedented number of children around the world who are being orphaned by HIV/AIDS, who are thus rendered far more vulnerable and face a much greater risk of hunger, of having limited access to education, health and social services, and of violence, abuse, exploitation and recruitment as child soldiers, and aware that these factors increase their likelihood of becoming infected with HIV themselves, Further concerned that the reluctance of some governments to acknowledge the existence and gravity of the HIV/AIDS pandemic, and to recognise the stigma and discrimination faced by people living with HIV/AIDS, particularly women, hampers the effectiveness of responses to this pandemic, Aware that stigma and discrimination continue to prevent people from having access to HIV testing and counselling services, which are of paramount importance in the prevention and treatment of the pandemic, Recognising that the global HIV/AIDS pandemic constitutes a formidable challenge to human life and dignity and to the full enjoyment of human rights, and that the full realisation of human rights and fundamental freedoms for the people affected is an essential element in the global response to the pandemic, Affirming that respect for, and the protection and fulfilment of, the human rights of women and girls are necessary and fundamental components of the approach to addressing HIV/AIDS, Concerned about the negative economic and social impact of the denial of the human rights of people living with HIV/AIDS to work, education and other social services, and further concerned that women and children often suffer the greatest economic and social impact as a result of the pandemic, Underscoring that the struggle against HIV/AIDS cannot be separated from the struggle against poverty, which affects primarily women and children, thus undermining the workforce and hindering economic and social development, Concerned that ignorance and intolerance are still a reason for the marginalisation of persons affected or presumed to be affected by HIV/AIDS, which causes discriminatory acts in the fields of medical assistance, job opportunities, education, housing and, in general, in every aspect related to their social well-being, Considering that although the use of antiretroviral medications combined with proper therapies can delay the advance of HIV/AIDS, millions of infected people in developing nations, particularly in Africa, cannot afford these treatments, Considering that under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO), WTO members may allow the production of patented medicines in the event of health emergencies, and realising that the World Health Assembly passed a resolution encouraging WHO member States to utilise fully the flexibilities in the TRIPS Agreement to promote access to antiretrovirals and other essential pharmaceutical products, Aware that the realisation of the rights of people living with HIV/AIDS requires non-discriminatory access for them to services, including health care, treatment and social and legal services, within a supportive social environment, Convinced that recognising the degree of the infection levels of the HIV/AIDS pandemic within each country will help the respective governments tailor their prevention and treatment programmes to meet their particular needs, Further convinced that capacity-building in the field of public health is critical to the effective prevention and treatment of HIV/AIDS, Also convinced that countries particularly affected by the HIV/AIDS pandemic should receive special support from the international community for their efforts to comply with their commitments, Considering that ensuring access to affordable medication, including access to antiretroviral therapy for those suffering from HIV/AIDS, is fundamental to achieving progressively the full realisation of the universal right to the enjoyment of the highest attainable standard of health, Considering that conflict situations, particularly in Africa, have led to an increased incidence of HIV/AIDS, and recalling United Nations Security Council resolution 1308 (2000), which states that the HIV/AIDS pandemic, if unchecked, may pose a risk to stability and security, and the report of the United Nations High-Level Panel on Threats, Challenges and Change, which places infectious diseases among the economic and social threats to international security, Aware of the fact that any response to the epidemic will be effective only if it addresses the causes of its spread, including human trafficking, in particular trafficking in women and girls, drug abuse and illicit drug trafficking and gender-based violence, and considering in this context that the pivotal roles of the family, religion and long-established fundamental ethical principles and values need to be underlined, Emphasising that the HIV/AIDS pandemic is at the same time a medical, social and economic emergency,
- Calls upon parliaments and governments to ensure that their laws, policies and practices respect human rights in the context of HIV/AIDS, in particular the rights to education, work, privacy, protection and access to care, treatment and social services; and also calls upon them to protect people living with HIV/AIDS from all forms of discrimination in both the public and the private sectors, promote gender equality, ensure privacy and confidentiality in research involving human subjects, and provide for speedy and effective judicial, administrative and civil remedies in the event that the rights of people living with HIV/AIDS are violated;
- Reminds States of the commitments they have made to promote and encourage respect for human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocols, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Declaration on Fundamental Rights and Principles at Work of the International Labour Organization; and requests States that have not yet done so to take the necessary steps to ratify and implement these international instruments;
- Invites States that have not already done so to include in their national reports on the MDGs the objective of stopping by 2015 the spread of HIV/AIDS and of beginning to reverse the development of this pandemic; further invites parliaments to sponsor the official launch of these reports from their premises; and encourages the periodic establishment of national and regional reports taking stock of the degree of achievement of the MDGs, in particular in the field of the fight against HIV/AIDS;
- Urges governments in the developed countries both to continue and to increase the financial and technical assistance that they provide to developing countries and especially the least developed countries, and to share their expertise in addressing HIV/AIDS with those countries that seek to create or strengthen their own human rights institutions in the context of HIV/AIDS;
- Further urges governments to allocate sufficient resources to their health systems, including resources for prevention and care;
- Strongly urges governments to implement the measures recommended in the UNAIDS/WHO document Guidance on ethics and equitable access to HIV treatment and care to promote equity in the distribution of HIV care in resource-limited settings;
- Further urges parliaments and governments to adopt and finance the measures necessary to ensure, on a sustained basis and for all affected persons (irrespective of social status, legal situation, gender, age or sexual orientation), the availability and accessibility of good quality services and information for HIV/AIDS prevention, management, treatment, care and support, including the provision of HIV/AIDS prevention supplies such as male and female condoms, safe injection needles, microbicides and basic preventive care materials, as well as affordable antiretroviral drugs and other safe and effective medicines in poor countries, psychological support, diagnostics and related technologies, for all persons, with particular attention to vulnerable individuals and populations such as women and children;
- Also urges parliaments and governments to implement measures to increase the capacity of women and adolescent girls to protect themselves from the risk of HIV infection, principally through the provision of health care and health services, including those related to sexual and reproductive health;
- Invites parliaments and governments to adopt the measures necessary to continue, intensify, combine, make mutually beneficial and harmonise national and multinational research and development efforts aimed at developing new treatments for the fight against HIV/AIDS, new means of prevention and new diagnostic tools and tests, including vaccines and female-controlled prevention methods such as microbicides;
- Calls upon parliaments and governments to recognise the health, socio- economic and other effects of HIV/AIDS on individuals, families, societies and nations, and to take the appropriate legislative and executive social measures to halt its spread;
- Calls upon governments to make services related to treatment, care and support for people living with HIV/AIDS comprehensive, by including the prevention and treatment of other infectious diseases often associated with HIV/AIDS, such as pneumonia, tuberculosis and opportunistic infections;
- Urges all parliaments and governments to adopt and implement policies that respect the human rights of persons living with HIV/AIDS, and through all available media, to advocate for and raise awareness of their rights;
- Calls upon parliaments and governments to develop and implement national legislation and policies that address the needs and human rights of the growing number of children orphaned and made vulnerable by the HIV/AIDS pandemic;
- Calls upon parliaments: (a) to draw up laws or amend existing legislation to define national standards of protection for those suffering from HIV/AIDS, and especially for people in vulnerable groups, such as women and children, with particular attention paid to the situation of anyone suffering from the loss of close family members as a result of HIV/AIDS; (b) to review and adjust legislation to ensure that it conforms to the International Guidelines on HIV/AIDS and Human Rights; (c) to enact legislation to punish those who knowingly take the risk of transmitting HIV/AIDS, or who wilfully do so;
- Further calls upon parliamentarians in the IPU’s Member Parliaments to promote appropriate legislative measures to tackle discrimination against persons affected by HIV/AIDS and to contribute to the creation of a social environment of tolerance and human solidarity, indispensable for the prevention of this terrible disease and for assisting those affected by it;
- Also calls upon parliaments, governments and the international community to ensure free access to HIV testing for all;
- Calls upon parliaments to promote an effective and efficient use of resources for HIV/AIDS response, including by means of country-level coordination that takes into consideration the UNAIDS “Three Ones” guiding principles for national authorities and their partners;
- Urges parliaments to create parliamentary committees and/or other structures formally linked to parliaments with the specific task of tackling the issue of halting and reversing the spread of HIV/AIDS, to share experiences, information and best practices and to involve all sectors of society through partnership programmes in high-level decision-making processes;
- Calls upon organisations, agencies, bodies, funds and programmes within the United Nations system to incorporate public health into their development activities and programmes, and to support actively the capacity-building of the public health systems of Member States in respect of the prevention and treatment of HIV/AIDS;
- Urges parliaments and governments to take into consideration the linkage between sexual and reproductive health and rights on the one hand, and the fight against HIV/AIDS on the other;
- Further urges parliaments to develop comprehensive policies to provide for an improved food supply in countries affected by the HIV/AIDS pandemic;
- Calls upon parliaments and governments to ensure the development and accelerated implementation of national strategies for women’s empowerment, inter alia by ensuring they have access to property rights, by promoting and protecting women’s full enjoyment of all human rights and by reducing their vulnerability to HIV/AIDS through the elimination of all forms of discrimination, as well as all forms of violence against women and girls, including harmful traditional and customary practices, abuse, rape and other forms of sexual violence;
- Strongly urges governments to coordinate efforts with and support the work of the United Nations, non-governmental organisations and other bodies or institutions involved in HIV/AIDS prevention in order to ensure that the human rights of individuals living with HIV/AIDS are upheld and protected;
- Calls on all parliaments and governments to strengthen national mechanisms such as commissions, tribunals, legislation and coordinated strategies to protect, enforce and monitor, in their respective countries, the human rights of individuals infected with and affected by HIV/AIDS, and to eliminate all forms of stigma and discrimination, especially in respect of vulnerable groups such as women and children – both boys and girls – as they bear the brunt of the epidemic and are most likely to care for sick people and to lose jobs, family members, income and schooling opportunities as a result of the illness, and to pay equal attention to other vulnerable groups, such as prisoners;
- Urges parliaments and governments to design HIV/AIDS policies and programmes that effectively recognise the needs of women in particular, and that are sensitive to differences in terms of culture and religion that may exist in societies;
- Further urges parliaments and governments to consider the public health safeguards provided for by the 30 August 2003 decision of the General Council of the WTO allowing members to produce and/or export pharmaceutical products needed to combat infectious diseases such as HIV/AIDS that threaten societies, and to incorporate permitted flexibilities into national laws enacted in compliance with the WTO TRIPS Agreement;
- Calls upon parliaments and governments to ban compulsory HIV/AIDS screening for people applying for travel visas, university enrolment, jobs, or asylum, in favour of voluntary testing;
- Further calls for special attention to be given to preventing HIV/AIDS by disseminating adequate and target group-oriented information, using all available media and multipliers, raising awareness and educating both men and women, with particular attention paid to adolescent boys and girls; and requests the inclusion of sex education in school curricula, for both boys and girls, as a means of prevention;
- Urges the national and local agencies concerned to give high priority to assisting pregnant and breastfeeding women suffering from HIV/AIDS in order to protect their babies from infection;
- Requests parliaments and governments to establish coordinated, participatory, transparent and accountable national policies and programmes for HIV/AIDS response, and to translate these national policies into action at the district and local levels, wherever possible involving, in development and implementation, non- governmental and community-based organisations, religious organisations, the private sector, and more importantly, people living with HIV/AIDS, and particularly the most vulnerable among them, including women and children;
- Calls upon men and women parliamentarians to ensure that national budgets are gender-sensitive, thereby efficiently addressing the needs of both men and women;
- Calls for the enhancement of support and resources for UNAIDS, and for increased financial contributions for the Global Fund to Fight AIDS, Tuberculosis and Malaria;
- Urges parliaments and governments to promote international cooperation, growth and development as steps towards the containment of conflict situations and the reduction of their possible impact on HIV/AIDS;
- Urges States, in conformity with United Nations Security Council resolution 1325 (2000) on women, peace and security, to ensure adequate HIV/AIDS awareness training for members of the military and the police, and for peacekeeping personnel;
- Reiterates its call to governments to recognise the International Partnership against AIDS in Africa and to promote it, along with the Global Fund to Fight AIDS, Tuberculosis and Malaria, as the framework for action to fight AIDS in Africa;
- Affirms the importance of narrowing the economic and cultural gap between the developed and developing countries, while ensuring that the strategies and programmes employed in the fight against HIV/AIDS take into consideration the natural, human and cultural characteristics of the regions where they are applied, so as to reflect both the characteristics of the demographic structure of each region and the social and economic conditions of its inhabitants;
- Emphasises that countries should integrate the development of public health undertakings into their national economic and social development strategies, which should include the establishment and improvement of effective public health mechanisms, in particular a network for the supervision, prevention, and treatment of the HIV/AIDS epidemic, and for the exchange of information.
-
The Speaker and the Chairperson:
Report of the Parliamentary Oversight Authority on the Facilities for Members of the National Assembly and Permanent Delegates to the National Council of Provinces (generally referred to as L.19):
Creda Please Scan in attached document
COMMITTEE REPORTS
National Assembly
- Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office of Magistrate R Ameer, an Additional Magistrate at Pinetown, dated 21 June 2005:
The Portfolio Committee on Justice and Constitutional Development, having considered the report on the provisional suspension from office of magistrate, R Ameer, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:
1. The Portfolio Committee noted that the Minister provisionally
suspended Mr Ameer from office on 13 April 2005 in terms of
section 13(3)(a) of the Magistrates Act, 1993.
2. The Portfolio Committee further noted that Mr Ameer was
suspended de facto by the Magistrates Commission since 16 August
2004, a date prior to the Minister’s decision and therefore in
contravention of the provisions of section 13(3)(a)(i) of the
Magistrates Act which reads - “The Minister, on the advice of
the Commission, may provisionally suspend a magistrate from
office if the Commission, after affording the magistrate a
reasonable opportunity to be heard regarding the desirability of
such provisional suspension, is satisfied that reliable evidence
exists indicating that an allegation against that magistrate is
of such serious nature as to make it inappropriate for the
magistrate to perform the functions of a magistrate while the
allegation is being investigated;”.
3. The Portfolio Committee considered the possibility of condoning
the de facto suspension, however considered that this would be
legally tenuous and in any event would not have complied with
the requirement of section 13(3)(e) in that an inquiry had not
been initiated by the Magistrates Commission within 60 days of
the de facto suspension.
4. In terms of section 13(3)(c) of the Magistrates Act, Parliament
must, as soon as possible, pass a resolution as to whether or
not the provisional suspension of Mr Ameer is confirmed. The
Portfolio Committee is of the opinion that the procedures
prescribed by the Magistrates Act, 1993 (Act 90 of 1993) were
not followed and accordingly recommends that the House resolves
not to confirm the provisional suspension of Mr R Ameer.
- Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office of Magistrate, Mr M K Chauke, Additional Magistrate at Pretoria, dated 21 June 2005:
The Portfolio Committee on Justice and Constitutional Development, having considered the report on the provisional suspension from office of magistrate M K Chauke, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:
1. The Portfolio Committee noted that the Minister provisionally
suspended Mr Chauke from office on 13 April 2005 in terms of
section 13(3)(a) of the Magistrates Act, 1993.
2. The Portfolio Committee further noted that Mr Chauke was
suspended de facto by the Magistrates Commission since 6 October
2004, a date prior to the Minister’s decision and therefore in
contravention of the provisions of section 13(3)(a))(i) of the
Magistrates Act which reads - “The Minister, on the advice of
the Commission, may provisionally suspend a magistrate from
office if the Commission, after affording the magistrate a
reasonable opportunity to be heard regarding the desirability of
such provisional suspension, is satisfied that reliable evidence
exists indicating that an allegation against that magistrate is
of such serious nature as to make it inappropriate for the
magistrate to perform the functions of a magistrate while the
allegation is being investigated;”.
3. The Portfolio Committee considered the possibility of condoning
the de facto suspension, however considered that this would be
legally tenuous and in any event would not have complied with
the requirement of section 13(3)(e) in that an inquiry had not
been initiated by the Magistrates Commission within 60 days of
the de facto suspension.
4. In terms of section 13(3)(c) of the Magistrates Act, Parliament
must, as soon as possible, pass a resolution as to whether or
not the provisional suspension of Mr Chauke is confirmed. The
Portfolio Committee is of the opinion that the procedures
prescribed by the Magistrates Act, 1993 (Act 90 of 1993) were
not followed and accordingly recommends that the House resolves
not to confirm the provisional suspension of Mr M K Chauke.
-
Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office of Senior Magistrate, Mr M S Makamu at Benoni, dated 21 June 2005: The Portfolio Committee on Justice and Constitutional Development, having considered the report on the provisional suspension from office of senior magistrate M S Makamu, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:
-
The Portfolio Committee noted that the Minister provisionally suspended Mr Makamu from office on 13 April 2005 in terms of section 13(3)(a) of the Magistrates Act, 1993.
-
The Portfolio Committee further noted that Mr Makamu was suspended de facto by the Magistrates Commission since 3 August 2004, a date prior to the Minister’s decision and therefore in contravention of the provisions of section 13(3)(a)(i) of the Magistrates Act which reads –“The Minister, on the advice of the Commission, may provisionally suspend a magistrate from office if the Commission, after affording the magistrate a reasonable opportunity to be heard regarding the desirability of such provisional suspension, is satisfied that reliable evidence exists indicating that an allegation against that magistrate is of such serious nature as to make it inappropriate for the magistrate to perform the functions of a magistrate while the allegation is being investigated;”.
-
The Portfolio Committee considered the possibility of condoning the de facto suspension, however considered that this would be legally tenuous and in any event would not have complied with the requirement of section 13(3)(e) in that an inquiry had not been initiated by the Magistrates Commission within 60 days of the de facto suspension.
-
In terms of section 13(3)(c) of the Magistrates Act, Parliament must, as soon as possible, pass a resolution as to whether or not the provisional suspension of Mr Makamu is confirmed. The Portfolio Committee is of the opinion that the procedures prescribed by the Magistrates Act, 1993 (Act 90 of 1993) were not followed and accordingly recommends that the House resolves not to confirm the provisional suspension of Mr M S Makamu.
-
-
Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office of Senior Magistrate M J S Nhleko at Lusikisiki, dated 21 June 2005:
The Portfolio Committee on Justice and Constitutional Development, having considered the report on the provisional suspension from office of magistrate Mr M J S Nhleko, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:
1. The Portfolio Committee noted that the Minister provisionally
suspended Mr Nhleko from office on 13 April 2005 in terms of
section 13(3)(a) of the Magistrates Act, 1993.
2. The Portfolio Committee further noted that Mr Nhleko was
suspended de facto by the Magistrates Commission since 3
December 2004, a date prior to the Minister’s decision and
therefore in contravention of the provisions of section
13(3)(a)(i) of the Magistrates Act which reads - “The Minister,
on the advice of the Commission, may provisionally suspend a
magistrate from office if the Commission, after affording the
magistrate a reasonable opportunity to be heard regarding the
desirability of such provisional suspension, is satisfied that
reliable evidence exists indicating that an allegation against
that magistrate is of such serious nature as to make it
inappropriate for the magistrate to perform the functions of a
magistrate while the allegation is being investigated;”.
3. The Portfolio Committee considered the possibility of condoning
the de facto suspension, however considered that this would be
legally tenuous and in any event would not have complied with
the requirement of section 13(3)(e) in that an inquiry had not
been initiated by the Magistrates Commission within 60 days of
the de facto suspension.
4. In terms of section 13(3)(c) of the Magistrates Act, Parliament
must, as soon as possible, pass a resolution as to whether or
not the provisional suspension of Mr Nhleko is confirmed. The
Portfolio Committee is of the opinion that the procedures
prescribed by the Magistrates Act, 1993 (Act 90 of 1993) were
not followed and accordingly recommends that the House resolves
not to confirm the provisional suspension of Mr M J S Nhleko.