THURSDAY, 15 SEPTEMBER 2005 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY

                                ____

The House met at 14:00.

The Deputy 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.

                     CHANGES IN PARTY MEMBERSHIP


                           (Announcement)

The DEPUTY SPEAKER: Hon members, I have to announce that the following changes in party membership have occurred as a result of floor-crossing: Mr M Diko and Ms N M Mdaka have today left the United Democratic Movement and joined a new party called United Independent Front.

            MOTIONS ONE AND TWO ORDER PAPER TO STAND OVER


                         (Draft Resolution) The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move that motions one and two, printed in my name on the Order Paper, stand over. Thank you very much.

Agreed to.

MEMBERS’ STATEMENTS

              CLOSING DOWN OF FARM SCHOOL IN THABAZIMBI


                        (Member’s Statement)

Ms P R MASHANGOANE (ANC): Madam Deputy Speaker, a school on a farm in Thabazimbi was destroyed a few days before the reopening of schools in July. The name of the school is Deo Gloria, which is the Latin for “Glory to God”.

The farmer, Mr Pienaar, burnt down the school, Deo Gloria, putting the education of more than 200 farmworkers’ children in a predicament. This right to education of children was taken away because of the right to private property of the farmer.

The ANC government expresses praise and appreciation for the efforts taken by the MEC, Dr Aaron Motswaledi, in ensuring the restoration of the right to learn by swiftly taking legal action to restrain the conduct of the farmer, and further causing structures to be erected for the school.

More praise goes to the courts in their decision, which clarified that individual rights cannot take precedence over national interest. We take it that this case will send a message to South Africans that the Constitution firmly supports individual rights, but that these are always subject to and limited by matters of national and public interest, and that this includes even the right to private ownership.

Let us not do Deo Gloria without glorifying humanity, created a symbol of that glory. I thank you.

           THE ROLE OF OPPOSITION PARTIES IN SOUTH AFRICA


                        (Member’s Statement)

The LEADER OF THE OPPOSITION (DA): The DA today reaffirms its commitment to strong-principled nonracial opposition in South Africa; observes that now, more than ever, the need for a united and effective opposition has been both clear and urgent, and is keenly aware of the needs and interests of South Africa’s 4,7 million opposition voters.

Furthermore, the DA notes that the bedrock of the South African Constitution is multiparty democracy and not a one-party state. It declares that today, with the decimation of certain smaller parties in Parliament, a two-party alignment is the best guarantee of freedom in South Africa going forward. [Interjections.]

The DA understands that the future of the African continent depends in no small measure on the success of the South African democracy, which in turn depends on building an opposition and cutting the ANC down to size. [Interjections.]

We in the DA therefore dedicate ourselves with renewed energy, purpose and hope to the cause of extending the reach and influence of opposition in South Africa and forming an alternative government in the future. [Applause.]

             INDUSTRIAL ACTION AT SOUTH AFRICAN AIRWAYS


                        (Member’s Statement)

Prince N E ZULU (IFP): Madam Deputy Speaker, it was unfortunate that South Africa’s air service workers were not categorised in the Labour Relations Act as essential service workers in order to effectively control industrial action, such as those experienced in recent months.

SA Airways, being our national carrier, was grounded at many airports within South Africa and abroad, causing huge financial losses to both passengers and trade. The country’s credibility and confidence to control delicate situations have been dented in the eyes of foreign carriers. We hope the captains of industry will do everything possible to remove the threat by pilots that they may consider the same action in the future.

The essential services clause in the Labour Relation Act was included to avoid the interruption of vital services, such as personal safety and the lives of our nationals. Air service workers are people whose individual rights must not be strangled by legislative red tape while other workers enjoy the right to strike. However, we call for protection when journeying through the skies. I thank you.

               RESPONSE TO THE DELMAS TYPHOID OUTBREAK

                        (Member’s Statement)

Dr A N LUTHULI (ANC): Deputy Speaker, the ANC condemns the irresponsible actions of a Johannesburg transport company, which is alleged to be responsible for the typhoid outbreak in the town of Delmas in Mpumalanga province.

The outbreak of this life-threatening disease has already led to one fatality, and left almost 300, mostly poor people, infected. I must add that these figures will change as the outbreak unfolds. In fact, as we speak, there was another death last night.

However, we are heartened by the efforts of the joint operation command of the province, municipality and sector departments that have, since 7 September, inspected, created awareness and deployed experts to Delmas to arrest the situation. Since then, health facilities have been operating 24 hours a day. Water purification in the community, at schools and mines is being improved. In addition, extra ambulances have been provided, and environmental surveillance and veterinary support to dairy and vegetable farms have been bolstered to contain any further deterioration.

As the ANC, we are indeed encouraged by the joint response of Ministers, MECs and councillors. It certainly pronounced, in no small measure, that we are proactive in the face of disasters at a micro-level. [Interjections.]

Furthermore, it demonstrates the commitment by the ANC to the poor, and more so to the poor in far-flung rural areas. Also, we recognise the co- operation by the three spheres of government and the involvement of other agencies. We have no doubt that the lessons learnt in this experience and the mechanisms put in place will be sustained for any similar eventuality. I thank you. [Time expired.] [Applause.]

               RECENT ARREST OF WHITE-COLLAR CRIMINALS

                        (Member’s Statement)

Mr G T MADIKIZA (UDM): Deputy Speaker, the UDM welcomes the arrest yesterday of three senior officials from the former Saambou Bank. These three men face 13 charges, including fraud, theft and contravention of the Company’s Act, involving approximately R640 million.

We hope that this will set a new precedent when it comes to the prosecution of so-called “white-collar” crimes. The implication that white-collar crime is less damaging to our society, or deserves a lesser punishment, should be dispensed with once and for all. White-collar crime undermines our ability to grow the economy and attract investments. It causes untold social harm to its victims.

White-collar crime is not a harmless crime. When Saambou collapsed, thousands of people watched their life savings and their livelihoods go down the drain. Far from being a mere transaction theft, this crime had a dire impact on thousands of households and law-abiding citizens.

We believe that this case must be only the first of many to demonstrate the special skills and capacity of the Scorpions to bring the perpetrators of sophisticated crimes to book. I thank you very much.

The UDM is still alive! [Laughter.]

The DEPUTY SPEAKER: That is very clear.

           ACTS OF VANDALISM AGAINST KING MAKHADO’S STATUE

                        (Member’s Statement)

Dr P W A MULDER (FF Plus): Madam Deputy Speaker, without respect for communities’ histories we will never attain peace and co-operation in South Africa between communities. For this reason, the damage to the statue of King Makhado cannot be condoned. The FF Plus is in favour of a win-win solution where all communities’ histories and heroes are respected and honoured. In this instance, it applies to the Venda and Afrikaner communities. With wise leaders on all sides, such solutions are possible and easy for South Africa.

King Makhado was a hero to the Vhavenda as Louis Trichardt was a hero to the Afrikaners. A lack of sensitivity for the emotions involved in communities’ histories and their heroes has led to this unacceptable situation. For this reason, the FF Plus condemns the damage to the Makhado statue as strongly as it has condemned the insensitive removal of Louis Trichardt’s bust, as well as the unilateral name change of Louis Trichardt.

The removal of Louis Trichardt’s bust is as unacceptable and insults the Afrikaner as much as the present vandalism of the Makhado statue. Up to which point do the authorities want to drive these issues before we find sensible solutions which will help to address actions and reactions?

The Afrikaner leader, Louis Trichardt, and King Rasithu Ramabulana, the father of Makhado, had a special friendship after Trichardt had helped him retain his throne against his subordinates - and that was before you were in South Africa. Why do we not rather learn from this history of co- operation, instead of polarising communities against each other by removing statues or painting them? I thank you.

                       BUILDING LASTING PEACE

                        (Member’s Statement)

Mr D A A OLIFANT (ANC): Madam Deputy Speaker, as we celebrate Heritage Month, let us once again acknowledge that our commitment to conflict resolution and to building lasting peace is a fundamental part of our heritage as South Africans. The Nobel Peace Prize has always been awarded to a single individual and organisation, or else shared amongst individuals or groups, but the committee has never given recognition to a group that has been expressly formed for this particular purpose.

Organisers of the One Thousand Women for the Nobel Peace Prize of 2005 have searched the world looking for women who perform the vital task of building peace in their homes, communities, countries and the world at large. Therefore the organisers have nominated them as a group for consideration by the Nobel committee in Oslo.

Die volgende 14 Suid-Afrikaanse vroue is genomineer vir dié gesogte prys: Nosandla Malindi, Nikiwe Nyamakazi, Edith Matshikiza, Regina Makunga, Miriam Malala, Adelle Potgieter, Lesley-Anne Foster, Janet Dlamini, Busisiwe Hlomuka en Veronica Khoza.[The following 14 South African women have been nominated for this sought-after prize: Nosandla Malindi, Nikiwe Nyamakazi, Edith Matshikiza, Regina Makunga, Miriam Malala, Adelle Potgieter, Lesley-Anne Foster, Janet Dlamini, Busisiwe Hlomuka and Veronica Khoza.]

We are also honoured to have four of these women from the Western Cape here with us today, and they are there in the gallery. They are Lorna Philander, Daphne Jansen, Cordelia Nozukile Tshaka, and Rolene Miller. [Applause.] We are also honoured to have their co-ordinator, Nomvuyo Skota-Dayile, who has worked tirelessly in developing and making the work of these women recognised, with us. [Applause.] The Freedom Charter promised us that there shall be peace and friendship, and that the doors of learning and culture shall be open. We honour and congratulate these women in furthering the opening of these doors. I thank you. [Applause.]

The DEPUTY SPEAKER: Thank you, hon Olifant. I wish to welcome to the National Assembly the four women from the Western Cape who have been nominated for the 2005 Nobel Peace Prize. You are welcome. [Applause.]

    MINISTER NQAKULA’S REFUSAL TO ANSWER PARLIAMENTARY QUESTIONS

                        (Member’s Statement)

Mr R JANKIELSOHN (DA): Deputy Speaker, while the DA welcomes the decision of Cabinet to commit itself to fulfilling its constitutional obligation to provide Parliament with accurate answers regarding parliamentary questions, it appears that this message has yet to reach Minister Nqakula.

Not only has the Minister of Safety and Security refused to answer a series of parliamentary questions, because the answers would expose managerial shortcomings in his department and his failures in the fight against crime, it now appears in his latest answers that he is prepared to resort to sarcasm, which reveals his clear contempt for parliamentary oversight. [Interjections.] We hope that the Deputy President will be able to impress the meaning of the phrase, “legislative oversight and accountability” on her colleagues. In the meantime, the Minister can rest assured that the DA will not stop asking questions. We firmly believe that the public has the right to the information about the fight against crime that he is so desperate to hide. I thank you. [Applause.]

            CRIME SITUATION IN EASTWOOD, PIETERMARITZBURG

                        (Member’s Statement)

Ms S RAJBALLY (MF): Madam Deputy Speaker, the MF expresses its concern regarding the crime situation in the suburb of Eastwood, in Pietermaritzburg, after two men were gunned down in separate incidents in the same road.

The first victim, Mr Aldin Gouws, was shot in the neck after being approached by a stranger whilst walking down Tarentaal Road. Similarly, later that evening, Kevin Johnson was walking down the same road when he was approached by two men who shot him several times before fleeing. Both Gouws and Johnson died from injuries sustained during these horrid attacks.

It is shameful how criminals show no regard for the value of our lives. We extend our sincere condolences to the families and friends of Gouws and Johnson. May their souls rest in peace! We seek the intervention of the Eastwood community, police and the formation of an effective anticrime campaign to swiftly deter crime and criminals in our area. A working relationship between the local police and the communities will serve to cripple crime in our community and South Africa. I thank you very much. [Applause.]

                   BUILDING A BETTER LIFE FOR ALL


                        (Member’s Statement)

Mr S HUANG (ANC): Deputy Speaker, South Africans enjoy better conditions of peace and dignity. We have started to build a united nation without regard to race, colour and gender. Each of our communities is free at last to express its language, culture and identity in the conditions of diversity. We can truly say that South Africa belongs to all who live in it.

Our country enjoys the respect of all the nations of the world. We have, as a country, better relations and friendship with the international community in search of a better world. The local government has been faced with many difficulties. Challenges include backlogs in the provision of municipal services and infrastructure, transforming nationally, divided local government, the culture of nonpayment by residents and the demand for better services by the communities. This is a clear indication that our people will continue trusting that it is only the ANC-led government that can bring a better life for all. Vote ANC! Amandla! [Interjections.] [Applause.]

            VISIT TO CULTURALLY SIGNIFICANT HERITAGE SITE


                        (Member’s Statement)

Mr S E OPPERMAN (DA): Deputy Speaker, on 21 June I visited maghia, the dancing place, on a high hill situated on the fringe of the Moordenaars Karoo to watch the dying sun on the shortest day of the year, that is winter solstice, from a litaku – a small stone temple.

To the Otentottu or the Quena it was the end of the year, and they used the maghia, the dancing place, near this small temple to welcome the new year - the birth of the sun. This occurrence takes place during December in the northern hemisphere, where some people many years ago mistook the birth of the sun as the time of the birth of the Son – God’s Son.

Daar is ’n kulturele en godsdienstige geskiedenis wat geskrywe lê in klip (in lüί) op die vlaktes van die Karoo, die Kamdeboo, Mpumalanga en die hange van Quthlamba met ’n ongelooflike en sover ongeëwenaarde verskeidenheid oriëntasies en sterk verbindinge met onder andere Stonehenge, die Piramides in Egipte en die groot Zimbabwe-ruïnes. (Translation of Afrikaans paragraph follows.) [There is a cultural and religious history which lies written in stone on the plains of the Karoo, the Kamdeboo, Mpumalanga and the slopes of Quthlamba with an incredible and so far unmatched variety of orientations and strong connections with, inter alia, Stonehenge, the Pyramids in Egypt and the great Zimbabwe ruins.]

It is a culture fixed in stone, waiting to be discovered by more and more people. There is evidence that we can follow in order to know and understand more about a group of people who once used these structures during specific times and seasons for religious activities.

Dis ’n onontginde erfenis waarvan die Minister van Kuns en Kultuur moet kennis neem en wat nie langer geїgnoreer kan word nie. [It is an unexploited heritage site of which the Minister of Arts and Culture must take note and which can no longer be ignored.]

         JUDGE BIZOS’S CRITICISM OF ZIMBABWE’S LEGAL SYSTEM


                        (Member’s Statement)

Mr H J BEKKER (IFP): Madam Speaker, we congratulate Adv George Bizos for speaking out so courageously about the disappearance of democracy in Zimbabwe and for criticising strongly the one-sided amendment of the Zimbabwean constitution to prohibit the judiciary from reviewing or judging any property alienation. We call on the South African government to break its silence on this serious matter and to support Adv Bizos in his lone and brave crusade. I thank you. [Applause.]

           GOVERNMENT’S FIGHT AGAINST CORRUPTION AND CRIME


                        (Member’s Statement)

Mnu S MAHOTE (ANC): Sekela-Somlomo, urhulumente osezintanjeni, okhokelwa ngumbutho wesizwe i-ANC, uya kuthi gqolo ukulwa norhwaphilizo nokunyoluka kwamalungu athile asebenzela urhulumente. Kutsha nje amalungu amahlanu esipolisa apha eNtshona Koloni athe aphoswa kwesimnyama isisele ngezithyolo zokuthengisa nokushishina ngeziyobisi.

Omnye umsebenzi osebenzela iSebe lezoBulungisa naye uthe wavalelwa ngenxa yokuba ethe wathengisa ngamadokethi enkundla. Amalungu amabini oluntu ekuhlaleni andyondya emjiva ngenxa yokusebenzisana nale migulukudu.

Le mpumulelo ibonakalisa ngokuthe gca, okwekati emhlophe ehlungwini, ukuba urhulumente we-ANC akalinyamezeli inyala kunye nobuqhophololo. Sihlaba ikhwelo kumalungu ethu kunye nabahlali ukuba basebenzisane namasebe karhulumente ajongene nokulwa ulwaphulo-mthetho. Ndiyabulela. [Kwaqhwatywa.] (Translation of Xhosa member’s statement follows.) [Mr S MAHOTE (ANC): Deputy Speaker, the ANC-led government will always lead the fight against corruption and greed, which seems to be common among government officials. Recently five police officers in the Western Cape were convicted for dealing with drugs.

One employee of the Department of Justice and Constitutional Development said that he was also convicted for having removed court dockets for money. Two members from the community were sentenced for conspiring with these criminals.

Our success indicates clearly that the ANC-led government does not tolerate corruption and unethical practices. We call on all our members and communities to work together with government departments in their fight against crime and corruption. I thank you. [Applause.]]

                  SERVICE DELIVERY AND HEALTH CARE


                        (Member’s Statement)

Chief M NONKONYANA (ANC): Madam Speaker and hon members, the ANC-led government can provide more resources and introduce quality health care. For this programme to succeed, it requires public servants who serve the people with respect, dignity, efficiency, active citizenship and a spirit of responsibility and voluntarism among all of us. Some members of this House and some sections of the media always complain about things getting worse under this government, all the time apportioning blame and demanding retribution.

Given the enormous challenges facing our health services, however, it is heartening to see and hear stories of dedication and hard work by our civil servants.

As Mr Andre Hendricks of Johannesburg said, and I quote:

Today I want to shout praise from the rooftops about the Kalafong hospital. They took such good care of my mother during her last 70 days. She was treated with such love, care and compassion that words cannot express my innermost feelings.

The dedication of all the medical staff and the post-operation service provided by the staff disproves all the prophets of doom, including the DA.

We, the members of the ANC, recommit ourselves to redoubling our efforts, in partnership with our people, to deliver better services. I thank you. [Applause.]

                        MINISTERS’ RESPONSES





 COURT RULING ON FARM SCHOOL IN LIMPOPO WELCOMED; SAA REGAINS EDGE;   GOVERNMENT EFFORTS TO ADDRESS TYPHOID INFECTIONS WELCOMED; CRIME IS BEING  ADDRESSED; FOUR WOMEN COMMUNITY WORKERS CONGRATULATED; RESPECT FOR HISTORY
               OF COMMUNITIES; HERITAGE SITES IN KAROO


                        (Minister’s Response)

The MINISTER OF EDUCATION: Deputy Speaker, there were a large number of statements and I will try and respond to one or two of the more significant statements that I can comment on. Firstly, with respect to the school on the farm in Limpopo, clearly the action was unwarranted and I think the court ruling is welcomed. I believe that the whole structure of farm schools and policy in this regard needs rethinking and requires new approaches to the education of rural-based children.

On the matter of SA Airways, I think the matter is now resolved. The members, obviously, read the papers just today. You should have read them six weeks ago. Suffice it to say that the airline has restored its leading edge in international travel service and remains one of the leading providers of air services in the world, recognised by international travellers from many different parts of the world as well as regular commentators on travel facilities and world airlines. On the typhoid infections, we certainly welcome the efforts the government is making to address the infections that have occurred. Much more will be done with the support of provincial and local government to address the sanitation needs that clearly exist in that community because they are a strong part of the reason for the infections that we have seen. We urge greater action in terms of ensuring clean and safe facilities for all communities.

I think on the matter of crime and corruption, it is clear that action is being taken. Therefore, the comments about Minister Nqakula are totally misplaced and unwarranted. We are dealing with crime and we are serious in acting against corruption, and the arrests that have been referred to indicate that we are acting against crime - very, very clearly so. [Interjections.]

I am very pleased to join in the congratulations to the four women from the Western Cape, that is Ms Jansen, who has been doing sterling work, and her colleagues. We thank you for the contribution that you make towards the upliftment and development of our communities.

I do not quite know what the FF Plus meant in its statement on respecting the history of all communities. There was an aside, “it was before you came here”. I couldn’t quite understand what that was referring to, but certainly the respect for the history of all communities is something all of us must acknowledge. We must also recognise that the history of some parts of our community were never recognised and that action has to be taken to acknowledge this and act accordingly.

Finally, I think it is important to say that we certainly will communicate to our colleague in tourism and environmental matters about the maghia in the Karoo and the other areas that were mentioned by the hon member from the DA. These are things that we should certainly look at in terms of the tourism routes that we’re trying to build in our country. Have I exhausted my time?

The DEPUTY SPEAKER: Yes, but you have responded to quite a number of questions.

An HON MEMBER: All five of them.

The DEPUTY SPEAKER: Not all five of them.

Mr M J ELLIS: Madam Deputy Speaker, on a point of order: We do keep a very careful check on responses from Ministers, and according to our record, which is accurate, the hon Minister of Education spoke on five topics, which means there is no more time for Ministers’ responses.

The DEPUTY SPEAKER: Deputy Minister.

Mr M J ELLIS: Madam Deputy Speaker, on a point of order: I have just raised a point of order and you ignored it completely.

The DEPUTY SPEAKER: It is not a point of order.

Mr M J ELLIS: It is, Madam Speaker.

The DEPUTY SPEAKER: It is not a point of order, because we allocate 10 minutes to Ministers, and the Minister of Education took only two and a half minutes.

Mr M J ELLIS: The rule says quite clearly . . .

The DEPUTY SPEAKER: I understand the rule as much as you understand it. I read the Rules, Mr Ellis, and you are not going to give me a lecture on the Rules. There is still time for Ministers, as long as they have not exhausted the 10 minutes allocated for responses. When they exhaust the 10 minutes, I will stop them.

There were 14 statements, and she responded to about four of them. [Interjections.] Okay, she may have responded to five of them, but there are nine other statements that need to be responded to and there are seven and half minutes that can still be used by Ministers for that.

Mr M J ELLIS: We will discuss this, Madam Deputy Speaker.

             The DA SHOULD NOT IMPOSE ITS WILL ON OTHERS


                        (Minister’s Response)

The DEPUTY MINISTER OF EDUCATION: Madam Deputy Speaker, that is typical of the arrogance of the DA.

The DEPUTY SPEAKER: You are also taking your time.

The DEPUTY MINISTER OF EDUCATION: Perhaps the first difficulty that the hon leader, Tony Leon, has is that the Constitution describes him as the Leader of the Largest Minority Party and not of the opposition party.

We have a proud tradition in the Constitution of our country and the convention in Parliament is that every voice must be heard. That is what multiparty democracy is all about.

There is an attempt by the DA today to impose their will on other parties. Mr Leon wishes to speak on behalf of Mr Mulder, Ms Rajbally and other members of the opposition. We celebrate our diversity and we say to the DA: If you cannot succeed in retaining what you have gained, do not try, through the stroke of a pen, to suggest a variation or a deviation from the Constitution.

We believe that like many other things in the past, what they are suggesting now is the betrayal of the spirit of the Constitution. They do so in terms of their opposition to affirmative action, representivity and diverse society that we celebrate. Thank you, Madam Deputy Speaker. [Applause.]

             THE BEAUTY OF SOUTH AFRICA AND ITS HERITAGE


                        (Minister’s Response)

The DEPUTY MINISTER OF ARTS AND CULTURE: Madam Deputy Speaker, is he still troubling you?

The DEPUTY SPEAKER: No, he was just helping Mr Leon, telling him that there are still five minutes left.

The DEPUTY MINISTER OF ARTS AND CULTURE: It is indeed a pleasure, and we do appreciate it that some of our colleagues are now beginning to appreciate our heritage after so many years during which we have been struggling and have been stifled. They are now beginning to discover the beauty of this country and our heritage.

I just want to also say to the member of the FF Plus - is it still plus? [Laughter.][Interjections.] - that we strongly condemn the destruction of the Makhado statue, as much as we would condemn the destruction of any of our statues and any of our heritage. We strongly condemn that and we would like to tell all our people that if they have got hang-ups or problems with anything, there is a platform where we can discuss these issues, rather than going and destroy our heritage.

Perhaps the call is for all of us, not just the Minister of Arts Culture, to begin to look out for these areas of beauty and heritage in our country.

Apparently, yesterday members of a portfolio committee were taken on a tour of Cape Town and they were informed about the places of importance and heritage around Cape Town. They said that they really appreciated that tour. That is important.

Perhaps the hon member could extend an invitation to some of the members of Parliament to also go and see that beautiful place that he described to us. Thank you. [Applause.]

                    EDUCATION LAWS AMENDMENT BILL


                       (Second Reading debate)

The MINISTER OF EDUCATION: Madam Deputy Speaker, I’d like to begin by reading a brief extract from a story that appeared in the Mail & Guardian on 16 June 2005:

A mother who was slow to pay school fees ended up with a bill from lawyers that was more than her initial debt. Maria Mokgotsi, not her real name, works as a domestic worker in Johannesburg and is responsible for the education of seven children, five of her own plus two of her deceased brother’s children. While Mokgotsi is determined that all seven should get a decent education, the total monthly school fees bill takes a huge chunk of her salary. Mokgotsi found herself even deeper in debt in February this year. Having finally paid off the outstanding R400 that she owed in fees for two of her children at Tsukudu High School in Thekwane village in North West province, she received a series of legal bills from Van Velden-Duffy Incorporated based in Rustenburg. With interest and other charges Mokgotsi ended up parting with another R1 000 in lawyers’ fees.

As you would agree hon members, there are many outstanding challenges that we must still address by way of legislation in the education sector. The Education Laws Amendment Bill supports action on a number of important issues that confront the sector.

Hon members will be fully aware that our President presents South Africa’s report on the millennium development goals at the United Nations this week, and he will indicate positive progress on our education goals. We have reached universal enrolment in primary level schooling; and in fact, unlike many developing countries, we have very high enrolment rates of nearly 90% at the postcompulsory school level. Thus, in South Africa, our promise of increased access to educational opportunities is being given firm practical effect.

Beyond universal access we have achieved equality of access for girls in our schools and are increasing our efforts at improving science and maths performance by female learners. At the higher education level, females are the majority, and many of our adult education initiatives increasingly target and benefit women. In fact, in terms of higher education, you can observe in the gallery many female higher education students from the University of Stellenbosch who are journalism students visiting us today. [Applause.] However, all of us know that despite this positive progress there is still much to do.

This Bill introduces three important changes to current law in school education, changes that will assist us in promoting and accelerating this positive progress. The first change concerns school fees and Ms Mokgotsi. Hon members will recall that there was a 2003 cost of education study, which recommended several changes in the model of education financing. The findings of the report assisted the education department in compiling an implementation plan directed at strengthening compulsory education.

The plan said the following about free and compulsory education:

Our most urgent goal is to ensure that no poor school should need to charge school fees owing to inadequate public funding. We believe that in the period 2004-06 we can take major strides towards achieving this goal. Poor schools with improved public funding will have to provide sound reasons for continuing to charge school fees in order for this to be approved. Our fee exemptions policy will be strengthened with the aim of ensuring that no parent should be charged school fees that are not affordable.

The most significant and revolutionary aspect of this Bill is that of the introduction of free education in schools located in our poorest communities. For the first time in South Africa, we will be introducing no- fee schools. [Applause.] For the first time we will be relieving poor parents of the pain of having to search for money to fulfil their ambition of giving their children a good education. For the first time we will be relieving poor parents of the indignity and embarrassment of being mocked and derided by school principals who refuse to make use of the exemption framework, even when it is patently clear that families are poor. [Applause.]

The Bill also improves the administration and implementation of the fee exemption policy. We need to clearly state at the outset, that it is not the intention of this law to restrict poor parents to no-fee schools. Children will still be able to attend any public school, and those in need of an exemption will still be able to apply for this.

In addition to declaring no-fee schools, we will also improve the funding norms that will determine the school funding allocation. Members are aware that often costs such as uniforms, textbooks, stationery and other nonpersonnel, noncapital costs are prohibitive and pose a barrier to education for many of our children. Our new funding norms and this Bill will steadily and surely erode that situation.

As a department, we are fully alert to the fact that we will have to do a great deal more to ensure that no-fee schools do not become ghettoised into poor, low performance schools. The net effect of the Bill is that it improves funding for schools and it creates the possibility for targeted interventions that enhance the quality of resources available for education and extracurricular activities.

The second change that the Bill introduces is support to schools in acting speedily against learners who are ill disciplined and who pose a threat to other learners, teachers or the school. Recently, as members would have seen in the press, there have been horrifying examples of negative conduct by learners, and even by educators, and schools have been unable to act because our laws tend not to allow for action against severely disruptive learners.

Clearly, not all matters of discipline can be addressed through legislation. Communities, parents and governing bodies will have to work closely together in devising strategies that promote positive values and disciplined conduct among learners. I believe that we do need stronger action in our schools and this Bill will assist in this. We will also act on other areas of concern, such as preventing the carrying of weapons to and in schools and stronger collaboration with the Police Service in confronting criminals who make our schools their playground.

The third change provides for amendments to the current procedure for recommending candidates for employment as teachers. The Bill maintains the important and necessary improvements that we made early in our democracy. The important role of school governing bodies in selecting quality candidates and recommending them for appointment to the provincial departments of education is maintained. This partnership between school governing bodies, the departments of education and professional teachers is essential to providing quality education to our children.

The change introduced by the Bill is that instead of recommending only one of the interviewed candidates, school governing bodies will be required to present three in order of preference. This has been labelled a threat to the powers of the school governing bodies. It is not a threat. School governing bodies will continue to shortlist, to interview and to recommend – the difference is that now the head of department, as the employer, will select the appointee from a list of three. [Applause.]

There are of course many people who believe that our government is crass and inadequate, who believe that it is in the interest of the heads of department to select unprofessional, incompetent candidates as teachers for our children. They believe that we will do this because it is an ANC government, because they believe we are ignorant and not interested in ensuring that we have professional teachers in our schools. [Interjections.]

These persons reject our resolve to promote unity in diversity at school level, in terms of both learners and employees. [Interjections.] This Bill assists us in addressing these important principles and in promoting the imperatives of our Constitution. [Interjections.] Any person who rejects this Bill will be admitting that they do not have the interests of our children or of quality education, as part of the national agenda, at heart. [Interjections.]

I thank you, Madam Speaker. [Applause.]

Ms H ZILLE: Deputy Speaker, until the day before yesterday I had planned to acknowledge from this podium that public submissions and debates in the portfolio committee had resulted in significant improvements to this Bill. In particular, I was hoping to say that I’d been wrong in describing the Minister’s stated priority of quality education as empty rhetoric. I can do neither.

Although some clauses in this Bill improve current legislation, it remains rotten to the core. Unless we accept the DA’s amendments as tabled today, we will one day look back on this Bill as a significant marker in the ongoing decline of public education. Ironically, this Bill is being rushed through Parliament in the very week that the United Nations Development Programme exposed the extent to which education for the majority in South Africa has declined over the past 10 years, contributing significantly to our plummeting 35 points on the human development index.

After the last portfolio committee meeting on Tuesday, I asked myself how a co-operative process had, at the final hurdle, managed to snatch defeat from the jaws of victory. The answer is: because literally at the eleventh hour, an ANC study group met and overturned the consensus reached with its own enlightened members and rejected key amendments already drafted by the state law advisers. [Interjections.] This makes a mockery of the public participation process and the debate in the committee.

There are elements of this Bill that we, in the DA, do support. We support the first tentative steps towards a system in which we hope the state will eventually fund learners rather than institutions. We support the streamlining of disciplinary procedures. We support the introduction of fee- free schools on the basis of an adequate threshold of funding for individual learners.

But we fundamentally reject a funding model in which money moves in the opposite direction to that in which poor learners wish to go. Their parents often seek admission to schools that have lost almost all their state subsidy and must therefore rely on fees to survive. The DA supports a fee- exemption system, coupled with state subsidies to learners so that poor families can exercise choice and so that schools that do the right thing and admit these learners do not run the risk of financial collapse as a result.

The DA’s amendments are designed to ensure that these pupils are admitted and that the schools can continue to deliver quality education in everyone’s interests. Furthermore, despite a useful amendment, the Bill still encourages chancers, who can afford fees, to avoid paying them, and puts an enormous burden on governing bodies which wish to enforce the duty of fee payment on parents who do not qualify for exemption.

In particular, we reject the Bill’s clause 7 that will govern the employment of teachers. The ANC, as the Minister did today, presents this as a minor change. The Minister says that instead of a governing body presenting one name to the head of department, they will now present three from which he will choose one. “What’s the big deal?” she asks. The big deal is as follows: until now the Employment of Educators Act has required the governing body to apply certain criteria before recommending a person for appointment. The provincial head of education can only turn down this recommendation on one of five clearly specified grounds. If he rejects the nomination, he must refer it back to the governing body. This system has worked very well in schools where governing bodies take their responsibility seriously. It has actually, and you know that because your children go to one school where it works extremely well. [Interjections.]

The ANC says that some schools have made bad recommendations. That is true. Some schools have made bad recommendations, but not the school to which you go, Cronin. That is true, but the head of the education department currently has the power to reject these recommendations. If incompetent teachers are appointed, it is because the HOD is not doing his job. [Interjections.]

So, why is the ANC trying to correct this problem by further undermining the powers of governing bodies? The reason is that the ANC actually has another agenda. It tries to hide behind another red herring: that the current system can result in delays if governing bodies must make a new recommendation. That, too, is nonsense.

Delays are almost invariably the department’s fault. You don’t have to be a rocket scientist to unearth the ANC’s real purpose here. It is called representivity, a Verwoerdian concept of racial percentages and ethnic matching. It obsesses about the race of the person appointed to deliver a service, rather than the needs of the persons requiring that service.

This policy has caused chaos everywhere - most recently in local government where it has resulted in the virtual collapse of service delivery in every ANC municipality. [Interjections.] The ANC now wants to adopt the same policy in schools. Stripped of the padding and rhetoric, clause 7 is saying that the skin colour of a teacher is more important than any other attribute.

We, in the DA, believe that equity and excellence can be compatible, and this is what our amendments today seek to promote. But the ANC obviously does not believe these concepts can go together and that race therefore must trump quality.

How else does one explain the ANC’s insistence on removing the concept of quality from the specific list of representivity principles that have been lifted above all other criteria, when a governing body shortlists three candidates and when the head of department makes a final decision for which he will not have to give any reasons and from which there is no appeal? So, he is not answerable to anybody, except the ANC and their representivity policy.

Reading the Bill, one would think, Minister, that the most serious problem in education is the lack of racial transformation. If it were, you wouldn’t send your children to a school where there is zero racial transformation. Of course, this is not the problem. The only really good public schools are those that are becoming increasingly racially integrated.

Those that remained untransformed and uniracial are often also at the bottom of the quality pile. The real problem is an insufficient supply of quality, Minister. You pay lip service to quality, but in most things the ANC does and that you promote, particularly this Bill, you show that quality comes far behind the ANC’s obsession with race. Thank you. [Applause.]

Prof S M MAYATULA: Madam Deputy Speaker, hon members, could I start off by highlighting some technical corrections when this Bill was transcribed from the portfolio committee version to the version that we have. On line 21, page 3, it reads: “one week followed by seven school days”. We are proposing that that “one week” is redundant. We’ll just take it away – it’s a technical change. On line 30, it reads “a governing body may suspend of extend”. It is supposed to be “or extend”. I’m just proposing that those technical changes be implemented.

I have never been so happy when debating a Bill as I am today. Hon Zille started off . . . Maybe, let me not start there. This Bill has gone through everything that it was supposed to have gone through. We started with this Bill when the department briefed us on 5 August. On 14 August, adverts went to the three national newspapers. The hon Zille was so concerned about this Bill but she couldn’t find them. She wrote to the Secretary to Parliament to ask where they were.

On 30 August, we had public hearings on which 19 submissions were made. I want to believe that those submissions are reflected in the changes that I’m going to go through here. We had our informal considerations; we had our formal one; and we allowed the parties, including the DA, to say something on that day. Suddenly, the hon Zille is telling this House that decisions were taken before the formal consideration when it was the stance throughout that we would take no decisions. The decisions were going to be taken on the last day.

She goes on to say that concessions were made. Let me go to representivity. When I have to respond to representivity, I’m happy because it is taken directly from the Constitution of this country. Allow me to quote it. It says in clause 195 that the representivity of all public servants is important. The only difference here is that when you see the word “representivity”, despite clause 9 of our Constitution which talks about race, gender, disability and all those things, the DA interprets representivity to mean race. That is their problem. Fortunately, if I go to that section in particular, they don’t want to have anything to do with clause 7 that has to do with this representivity, and they are deliberately confining . . .

. . . bathi masicinge ngezikolo zee-Model C. u-MEC waseLimpompo uyijikile loo nto kula komiti, esithi iingxaki esinazo azikho kwizikolo zabelungu kuphela(ii-model C) kodwa sinazo kwizikolo zethu. Apho ukuba ungumama ungavunyelwayo ukuba ube yinqununu. Apho kwezinye iindawo(communities) kuthiwa awuzukuqashwa ngaphandle kokuba uzalelwe kulo ndawo. Uthi ke lo Mthetho uyilwayo siza kukwazi silisebe ukuthi: Hayi tata, hayi mama ukuze sikwazi ukuba imfundo yethu ibheke phambili masibathathe ukwenzela ukuba le mfundo isulungeke.

Mandiye kweyona nto ibalulekiyo, konwatyiwe ezilalini, konwatyiwe ezilokishini kuba okokuqala bazakufumana le nto kuthiwa yimfundo engabhatalelwayo. Kwaye sithi, imali mayibheke ezikolweni ingalandeli isiqu. Ukuba umntwana uhambe nesiqu waya kwezi zikolo zee-model C sithetha ngazo, apho babiza i-R 10 000 ne- R 11 000, apho imivuzo yabo ihamba kwizigidi ezibini zeerandi, yeyakhe leyo. Kuthiwa masilandele, sithathe imali siyise apho, singayisi apho abantwana bakhoyo. Sithi asokuze siyenze loo nto.

Le mali izakujika iimeko kwizikolo zabazali abanga thathi ntweni. Okokuqala kwimbali uthi lo rhulumente umntwana oya kweso sikolo endaweni yokuba abhatalelwe i-R100 uzakubhatalelwa iR703 . Kha ufane ucinge kwisikolo apho bekubizwa iR50 emali yomrhumo wesikolo ngonyaka, ithi urhulumente ungayikhuphi loo mali, kodwa yigcine engxoweni. Uthi hamba uyokuthenga enye into ngalo mali ndizakunika i-R703 ngomntwana. Loo nto izakwenza izikolo zethu ezilokishini zijike.

Okokuqala ezimbalini abantwana abazi kubaleka ezilalini nasezilokishini babheke kwezi zikolo, ngoba noorhulumente uyakube ebalungiselele. Andothuki xa isithi iDA into eyimeleyo apho ayingobantu abahluphekileyo, kodwa imela abanezinto. Bandenza ndisabele ngelinye ixesha. Abantu abavela kwiilali ezilambileyo bahlala kwa-DA bengenasazela, bathi bahleleleni?

Kuthiwa le mali masiyithathe kwisikolo esine R100 000 siyise kwisikolo esinezigidi ezimbini zeerandi. Ngawufane ucinge. Uthe esakoyiswa uNksz Zille ohloniphekileyo ebeke ezi zinto phaya kwikomiti, wasebenzisa igatya loMthetho u-254, esithi masivote, sivotele la nto eboyiswe kuyo phaya. Ukuba bekusiyiwa ngam bekufanele into yokuba ikhatywe ingazi nalapha, kwaye ngethamsanqa abantu abalambileyo basinikile iivoti.

Kulo Mthetho uyilwayo nokuba niyathanda okanye anithandi abantu bakuthi bazakufumana imfundo engabhatalelwayo. Xa sisiya kulo mba wokuqashwa kwabafundisi-ntsapho, nokuba ungaya kweliphi na ilizwe akukho nelinye elibasebenzi balo baqeshwa luluntu(community). Sithi thina, apha kwiSebe leZemfundo: Bazali esi sikolo sesenu. Sincediseni niye kukhangela umntu olungele lo msebenzi. Bathi uMgaqo-siseko awuyivumeli loo nto, kodwa ngethamsanqa siyawazi uMgaqo-siseko.

Ukuba nithi lo mba nizakuwusa kwinkundla yoMgaqo-siseko sizakube silapho, ngoba ithi le nto (lo Mthetho) abaqashi abasemthethweni lisebe eli. Akukho qumrhu lolawulo lwesikolo (SGB) liqashayo. La maqumrhu(i-SGB), kumaxesha ngamaxesha anenkqubo zokunqanda utshintsho (transformation) wona ngokwawo. Ze bathi bakugqiba basithathe basise enkundleni yamatyala. Kuthiwe: Uthini uMthetho? Sifike uMthetho ulibophe isebe izandla neenyawo ngasemva. Lo Mthetho usayilwayo uthi asoze iphinde yenzeke loo nto. Sizakuzisa iinguqu sitshintshe imfundo kweli lizwe. [Kwaqhwatya.] (Translation of Xhosa paragraphs follows.)

[ . . . us to Model C schools. The Limpopo province MEC has rectified that during a committee meeting. He said that the problems we encountered were not from Model C schools only but also from our schools. In those schools if you are a woman you are not allowed a post as a principal. In other areas people from other communities are not employed. In terms of this Bill the department will be able to justify the employment of women for better education.

Let me focus on what is important. People in rural and urban areas are very happy because for the first time they are going to enjoy free education. We are saying money must be allocated to schools, not individuals. If a child chooses to attend a Model C school, where the fees are incredibly high – ranging from R10 000 to R11 000, and salaries amounting to R2 million – it is up to the individual. We will never pay for individuals, because the money has to benefit those in need.

The money will be paid to schools where pupils are in need of financial assistance. Government is proposing to give R703, instead of R100 per child. Imagine that in a school where a child used to pay school fees of R50 per year the child is now asked not to pay anything - instead the school will get R703 per child. This will definitely improve the quality of schools in our communities.

Now pupils will no longer attend Model C schools simply because they are running away from poor resources in government schools. I am not surprised when the DA says it represents the haves. But sometimes that makes me wonder. There are people who are from poor rural areas who join the DA - what for?

It is said that the money should not be given to schools that have R100 000, but that it should be allocated to schools that have R2 million. Just imagine! After hon Zille lost her battle with regard to the proposals she submitted to the committee, she used clause 254 of the Constitution in order to exercise her right to vote. My wish would be not to support this; nevertheless we have support from the people who voted for us.

According to this Bill our people will enjoy nonpayment of fees. With regard to the issue of employing teachers, there is no country where communities appoint workers. The Department of Education maintains that the schools belong to the communities, but it is willing to get help in head- hunting. The opposition says the Constitution does not allow that, but we know what the Constitution stipulates.

We will be present in the Constitutional Court if this issue is taken there. The rightful employer is the Department of Education. No SGB is allowed to employ teachers. SGBs sometimes have programmes that impede transformation. Nevertheless, they take the Department of Education to court, where it will be accused of working against the law. This Bill will prevent that. We will change and transform the education system of this country. [Applause.]]

We are going to change and transform the education of this country. [Applause.]

Mr A M MPONTSHANE: Sekela likaSihlalo, kuyacaca ukuthi ngeke ngize ngifike ezingeni logqozi lukasihlalo osuka lapha. [Deputy Chairperson, it is clear that I will not be able to reach the level of enthusiasm of the chairperson who has just spoken.]

In evaluating this important piece of legislation I have considered whether this Bill meets the test of the IFP common sense approach to public policy- making.

This Bill does four things: It clarifies disciplinary procedures, it creates no-fee schools, it gives the education department more say in the appointment of educators and it prevents the attachment of homes when parents cannot pay school fees.

In so far as disciplinary procedures go, the hand of school-governing bodies is strengthened when dealing with wayward learners. The SGB can now suspend a learner while waiting for their provincial head of department or the MEC to reach a decision on permanent suspension. It also sets down the rules governing such disciplinary hearings and the IFP welcomes all these changes.

As far as changes to the norms and standards of school funding are concerned, the IFP supports the funding of the whole school, not the individual learner. We believe that the most important thing is for the department to provide quality education, and it can only provide quality education by funding schools, especially those previously disadvantaged schools, and bringing them to the same level as the former Model C schools.

We are excited that poor schools across the country will be treated the same through the creation of national, rather than provincial, quintiles. This will greatly benefit our constituency, the IFP constituency, the poorest of the poor, in poverty-stricken provinces such as KwaZulu-Natal and the Eastern Cape.

We are worried, though, that schools may run into trouble because they cannot charge registration fees. A school needs cash in hand to get the school year going and we foresee the unintended consequence that education will be hamstrung in January every year. Sometimes, Madam Minister, the road to hell, as we all know, is paved with good intentions.

We are in favour, however, of no school fees, but we are worried about the capacity of the Education Department to implement these new responsibilities. All too often we see this department taking on more than it can handle. It starts with great schemes, but makes a huge mess because of a lack of capacity.

The clause which generated the most controversy and the most heat is clause 7, read together with clause 8, which deals with the appointment of teachers. At face value, these clauses appear to be taking the powers away from governing bodies, and by default destroying the pockets of education excellence that still exist in the system.

I wish to emphasise, though, that the appointment of educators has always rested with the department, with the recommendation of governing bodies. I accept the fact that the employment of educators has often been cumbersome and, at worst, problematic.

The involvement of teacher unions has sometimes bedevilled the entire process. All too often the employment of teachers has become mired in union disputes. Our concern is, therefore, not so much with this legislation but with the implementation. We cannot afford not to get our children’s education right.

I just want to extend an invitation, Madam Minister, as a gesture of commitment and solidarity with this Bill and its intentions, we ask every member in this House with school-going children and grandchildren in their care, to commit themselves to placing these children into the very township schools that this Bill is intended to assist.

We support this Bill. [Applause.]

Mr B G MOSALA: Chairperson, I stand here with a very clear conscience. I am at peace with myself, because I am here to support the truth and to support justice.

Sound discipline and good conduct are reliable indicators for a successful institution. I will be talking about misconduct in our schools. A school with ill-disciplined learners is more likely to be characterised by low morale, chaotic programmes and a generally negative attitude. The educators in such a school will be uninspired, unco-operative and unproductive. The principal will probably be all of the things listed above. The determinant for success must therefore be good discipline, good conduct, as opposed to misconduct.

The challenges that face parents and educators in our schools are indeed immense and the need for enabling legislation, such as is contained in this Bill, is very great indeed. The amendments provide more explicit procedures on how cases of misconduct should be handled by school authorities. This amendment, especially of the relevant clause on misconduct, has the following implications. I just want to give a brief outline of the implications.

The governing body may, on reasonable grounds and as a precautionary measure, suspend a learner suspected of serious misconduct. What is further very critical is that this is done after the learner has been granted a reasonable opportunity to make representations to the governing body. The governing body must then conduct a disciplinary hearing within seven school days after the suspension. If the governing body is unable to conduct the hearing within the stipulated period, it must get the permission of the provincial HOD to extend the suspension.

In the event of the learner being found guilty, the governing body may either impose a suspension, not exceeding 14 days, or make a recommendation to the head of department to expel the learner. If the HOD agrees to expel, the learner, or his or her parents, has the option of appealing to the MEC within 14 days of receiving the notice of expulsion.

An elaboration of the process detailed above demonstrates the strides that our ANC-led government has made to democratise education in this country. A reflection on the kind of system we inherited leaves one in awe of the ability of our government to initiate and pass legislation that respects and promotes the rights of individuals.

The rights of learners in our schools must be respected so that they can value and respect the rights of others. Learners need to know that misconduct is punishable, but educators must also know that punishment is not punitive, but should serve the purpose of educating young people that none of us in society is allowed to deviate from generally accepted societal norms. The role of discipline, therefore, becomes very important in this respect.

Hlooho ya lefapha la thuto e lokela ho ba hlokolosi haholo mabapi le hore ha e fana ka kahlolo e se ke ya bontsha leeme. Diqeto tse fihlellwang ke yena ebe tse ka kgotsofatsang mahlakore ohle. Ho se etswe diqeto tse tla dumella hore ditlokotsebe di rene le ho sasanka mabaleng a dikolo tsa rona.

Batswadi ba lokela ho hlokomediswa hore ba na le boikarabelo bo boholo mabapi le boitshwaro ba bana ba bona dikolong tsa rona. (Translation of Sotho paragraphs follows.)

[The head of the Department of Education has to be very careful when punishing those who have violated the code of conduct with regard to impartiality. The decisions reached by the HOD must be fair and satisfactory to all affected. Such decisions must not leave loopholes that can be exploited by certain unruly elements at school and in school playgrounds.

It must be impressed upon parents that they have a great responsibility with regard to the conduct of their children at school.]

Our shared commitment as proud South Africans must be to work diligently, collectively and collaboratively to turn our schools into centres of excellence. We must create safe schools that are socially responsible, as well as responsive to community needs. All of us in government, schools, the church, police, business and various community agencies must work very hard to achieve the ideal of safe and productive schools that we can be proud of.

There are a range of issues in our schools begging to be addressed. Topping the list, as far as misconduct is concerned, are the acts of violence that are reported to be happening in our schools with nauseating frequency. There are also reports about the peddling of drugs and other forms of what constitutes serious misconduct. These are challenges that cannot simply be wished away. They need our attention, and serious attention at that.

May our schools enjoy safety and security, as espoused in the Freedom Charter. This Bill must remind us that we aim to achieve an ideal, the ideal of having perfect and performing schools in our country. It will not be easy because we inherited an inhuman society, which we are vigorously transforming in keeping with our lofty aims and the objects of the historic Freedom Charter.

Thank you very much, Chairperson. [Applause.]

Ms S N SIGCAU: Chairperson, hon Ministers and members, the amending Bill before us addresses various matters, such as the procedure for the appointment of educators and the procedure for the expulsion of a pupil from a school. The most important aspect of the Bill before us is the financial scheme being introduced to protect and promote the education of pupils from poor households.

We all agree that poverty should not be a barrier to public education, since that would be an utter contradiction of the democracy that we are all committed to. We all realise that where poverty is a barrier to proper education, such poverty will be replicated, for generation after generation. The question is: How can we provide adequately for poor students without prejudicing other students, or the entire education system? The scheme introduced by this Bill is suitably refined to address this issue. The test will be whether it can be implemented fairly and properly. Education already takes a massive slice of the national budget, but without further increases the scheme in this Bill will fall to pieces. Thank you, Chairperson.

Mrs C DUDLEY: Thank you, Chair. The issue of discipline in schools has become a very worrying factor, and has been worsened by the fact that principals and teachers have been severely restricted in terms of available methods of disciplining learners. The ACDP supports measures in this Bill to provide for suspension as a precautionary measure when a learner is suspected of serious misconduct.

Measures provided in the Bill will protect both the learner being disciplined and the other learners and educators at the school. The ACDP has often called for increased funding for education and for subsidised education, in particular for those who are not in a position to pay fees. Too often principals and teachers in schools find themselves focusing on financial issues and fundraising, instead of being able to concentrate on teaching.

The ACDP is not opposed to no fee schools in principle, although we are concerned that there may be unintended consequences if these schools are labelled as poor schools and rejected by parents and learners as inferior. The ACDP’s proposals for government to subsidise the individual and not just the school were, however, dismissed.

The ACDP believes subsidies should extend to individual learners, whether they choose to be educated in an independent or a public school. The main concern that the ACDP has with the Bill is that it makes provision for the department to override recommendations for the appointment of teachers by school governing bodies. It also does not require the HOD to give reasons for doing so, and this the Minister omitted to mention.

The ACDP’s proposals that the Bill qualify equity, redress and representivity in terms of the context and needs of the community, were rejected. This means that communities with a Muslim, Christian, or even traditional ethos will have teachers imposed on them by the HOD, without the need to give valid reasons.

The ACDP’s proposals that criteria be specified to ensure quality education by including the words “relevant qualifications” were opposed. The ACDP will oppose this amending Bill, which unfortunately undermines parents in their say through school governing bodies in their child’s education. I thank you.

Dr P W A MULDER: Geagte Voorsitter, die VF is ongelukkig nie ’n voltydse lid van die portefeuljekomitee nie, maar ons het van tyd tot tyd die sittings bygewoon. Vier sake is hier ter sake, naamlik die kwessie van nuwe maatreëls vir die skorsing van leerders, die posisie van ouers wat skoolgeld skuld, inspraak van beheerliggame en die skep van skole waar daar nie skoolgeld betaal hoef te word nie.

Die indruk word gewek deur uitsprake van die departement, van die ANC- politici en ander mense, dat die regering voortdurend net op sekere skole fokus – of dit reg of verkeerd is, kan ons argumenteer. Ek verwys hier spesifiek na die model C-skole waarvan daar eintlik minder as twee of drie persent oor is. My probleem hiermee is dat ouers van dié skole – en ek praat spesifiek van Afrikaanse ouers - het nie ’n tradisie van privaatskole nie. Die boodskap wat hierdie ouers kry deur die voortdurende inmenging in die skole is dat die ryker ouers al sterker begin oorweeg en argumenteer om hulle kinders uit staatskole te haal.

Soos die finansiering van skole tans werk, sal so ’n onttrekking van die vermoënde ouers daardie skole vernietig. Die VF Plus het begrip daarvoor en steun dit dat armer leerlinge deur die staat gehelp moet word. U kan ons geskiedenis bestudeer. Ons kom uit ’n groep armer mense wat onderwys betref. Om skole te help en nie arm, individuele leerlinge nie, gaan nie die probleem oplos nie. (Translation of Afrikaans paragraphs follows.)

[Dr P W A MULDER: Hon Chairperson, unfortunately the FF Plus is not a full- time member of the portfolio committee, but we did attend the sittings from time to time. Four matters are relevant in this regard, namely the question of new measures for the suspension of learners, the position of parents who owe school fees, the powers of governing bodies and creating schools where there is no need to pay school fees.

The impression has been created through statements from the department, ANC politicians and other people, that government is continually focussing on certain schools only – whether this is right or wrong is debatable. In this regard I am referring specifically to the Model C schools, of which there are actually fewer than two or three per cent left. My problem with this is that parents from these schools – and I am referring specifically to Afrikaans parents – do not have a tradition of private schools. The message that these parents get through constant interference in the schools is that the wealthier parents are considering and debating more and more whether they should take their children out of government schools.

As is currently the case with regard to the financing of schools, the removal of their children by wealthier parents will ruin those schools. The FF Plus empathises with and supports the fact that poorer learners be assisted by the state. You can study our history. We come from a group of poorer people as far as education is concerned. Assisting schools instead of poorer, individual learners will not solve the problem.] Let’s rather help poor learners or parents, than so-called schools in that sense.

Van die rykste skole kan ek u noem, het baie arm leerlinge en dit gaan ’n totale skewe ding afgee. Kom saam met my na Vereeniging, Vanderbijlpark, Pretoria-Wes, en ek sal u wys hoe lyk die situasie daar. Ons verkies dat leerlinge gesubsidieer word, eerder as wat skole gesubsidieer word. Die VF Plus het van die begin af ook beswaar gehad teen die inperkinge van die magte van beheerrade. Die rede waarom die departement nie die magte op hierdie wyse kan kry nie, het niks te doen met, soos gesê is deur die Minister, die bekwaamheid al dan nie van die departement nie.

Dit is ’n algemeen aanvaarde bestuursbeginsel dat die beste besluite geneem word deur eers riglyne daar te stel, en dan die besluit te neem so naby as moontlik aan daar waar dit ter sake is. Dit is hoe bestuursliggame tans werk binne die riglyne. As hier verskuilde agendas is – en ek vermoed so – kan ek nou reeds voorspel dat dit gaan misluk. In ons geskiedenis was daar talle pogings om in die verlede, soos Milner gedoen het, ons skole vir politieke agendas te misbruik. Dit het nie geslaag het nie. Die VF Plus sal teen die wetgewing stem. (Translation of Afrikaans paragraphs follows.)

[I can mention that some of the wealthiest schools have many poor learners, and this will result in totally distorted outcomes. Come with me to Vereeniging, Vanderbijlpark, Pretoria West, and I will show you what the situation is like there. We prefer that learners are subsidised, rather than schools. From the outset the FF Plus also had objections to limiting the powers of governing bodies. The reason the government cannot obtain powers in this manner has nothing to do with, as the Minister said, the competence or incompetence of the department.

It is a commonly accepted management principle that the best decisions are taken by first putting guidelines in place and then taking the decision as close as possible to where it is relevant. That is how governing bodies are currently working within the guidelines. If there are any hidden agendas here – and I suspect as much – I can already predict that it is going to fail. In our history there have been countless attempts in the past, as Milner did, to exploit our schools for political agendas. They were not successful. The FF Plus will vote against the legislation.]

The DEPUTY MINISTER OF EDUCATION: Chairperson, if for you advancing means standing still; if for you changing means resisting transformation; if for you perpetuating homogeneity means diversity; if for you representivity means diminishing ability; if you fail to grasp that a ray of light refracted sheds brilliant colours; and colours united infuse into a brilliant light, beware, you may be confined to permanent darkness.

The introduction of the Education Laws Amendment Bill has quite expectedly been accompanied by a fair amount of public interest. It is, after all, a groundbreaking piece of legislation that will make provision for schools to be declared no fee schools, and permits intervention in decisions of school governing bodies, where teacher appointments are made without regard to the constitutional principles of equity, redress and representivity.

Unfortunately, some of the public comments made on the Bill have been of a negative nature, focusing on narrow political interests, and losing sight of its real purpose. It nonetheless demonstrates the vibrancy of our democracy, and the space it provides for parties with divergent views to argue and contest ideas.

True to their nature, the DA responded with the usual empty transformation rhetoric, and called the Bill the most profound betrayal of quality education in public schools since 1994. Far from being a betrayal of quality, the Bill seeks to advance the spirit and purpose of the Constitution by defining the procedure for the amendment of the appointment of teachers, so as to redress past racial imbalances. It also seeks to elevate the position of the Head of Department from being a mere rubber stamp, to one that must oversee compliance with the principles of the Constitution.

The constitutional imperatives of equity, redress and representivity, place an obligation on us to re-examine the conduct of some school governing bodies, in so far as it relates to the employment of certain categories of teachers at schools. Some school governing bodies are employing all manner of tactics to exclude those who do not speak their language, do not have the same skin pigmentation, do not share their culture or do not adhere to their faith.

Such conduct, by its very nature, is a direct violation of the progressive interpretation that our high courts have given the relevant sections in the Employment of Educators Act, dealing with the process governing bodies must adhere to in making recommendations for teacher appointments.

Here, in particular, I wish to refer to the judgement in the Kimberley high school case in the Northern Cape, and please, listen attentively: In this case, the governing body advertised a vacant post for English first language. The interviewing committee happened to be white and when short- listing the candidates, accorded little or no attention to the excellent academic, and more specifically English, qualifications of three black candidates.

In contrast, full or nearly full marks were given to white candidates whose academic qualifications were comparable to, if not lower than, those of the black candidates. The black candidates were excluded on paper alone, and their proficiency in English could not be objectively ascertained.

The head of department declined the appointment, and the governing body launched an application with the high court. They did so on the basis that in the high school case, the judge had stated that the question was not whether the recommendation accorded with the democratic values and principles, but simply whether the recommendation had regard to it.

This approach completely negated the positive duty of the head of department to play his role in ensuring that he promoted the values that underlie the Constitution. Commendably, the court, in discussing the application, found that suitably qualified candidates must be appointed, and importantly, that the principles of redress, representivity and equity are central in redressing past racial imbalances.

In emphasising the need to act positively to advance the ideal of equality, as envisaged in section 9 of the Constitution, the court relied on the judgment of Van der Westhuizen J, who is now a Constitutional Court judge, who said the following, and I would like Ms Zille to listen very attentively:

Efficiency and representivity, or equality, should however not be viewed as separate compelling, or even opposing, arms. They are interlinked and often interdependent. To allow equality, affirmative action measures to play a role, only where candidates have the same qualification merits, whether there’s virtually nothing to choose between them, will not advance the ideal of equality in a situation where society emerges from a history of unfair discrimination.

The advancement of equality is an integral part of the consideration of merits in such decision-making processes. The requirement of rationality remains, however, and the appointment of people who are wholly unqualified, or less than suitably qualified, and I repeat less than suitably qualified, or incapable in responsible positions, cannot be justified.

The effect of this judgment is that it is not good enough for school governing bodies to argue compliance with procedural guidelines, norms, criteria, regulations and prescripts in the selection process. What is called for is more than a mechanical allocation of points and a mere say so that regard has been given to the democratic values and principles.

School governing bodies must recognise and address the need to correct the imbalances of the past, as far as recommendations for the appointment of educators we concerned. This is the primary objective of the Education Laws Amendment Bill. It seeks to nudge governing bodies that refuse to embrace the value of nonracism and nonsexism embodied in our Constitution, to accept the inevitability of change and to make our schools models of nonracism and nonsexism.

The Bill in no way takes away the power of school governing bodies to influence the appointment of teachers. They still have the power to make recommendations on who should be appointed. What the Bill will prevent them from doing, however, is to use race, gender, disability, ethnicity, and other prohibited grounds as a means to exclude educators from being employed at their schools.

By virtue of the values our Constitution seeks to promote, school governing bodies are under a constitutional obligation to accommodate diversity in the schools. Yet while significant progress has been made in terms of diversifying the learner component at historically white schools, they have not been able to diversify the teacher component.

The lack of transformation in this regard means that these schools, many of which are steeped in cultural, religious, patriarchal and racist history, will continue to face challenges in terms of transforming the value systems and institutional culture. From a pedagogical perspective, it is an indisputable fact that the diverse learner populations require teachers who understand and can effectively manage diversity. Unfortunately, this seems not to be a consideration in the appointment of teachers by some school governing bodies. At some former Model C schools, this tough Nsgb component has remained relatively the same, despite significant changes in the learner population in terms of representation.

By not transforming this tough component sufficiently, school governing bodies fail to appreciate that students learn differently, and that the teacher’s style of instruction risks being to the benefit of mainly those of the same cultural background as the teacher. This, in fact, undermines the quality of education the other learners ought to receive.

It is mischievous to argue that quality will suffer if the decision to appoint teachers is removed from the school governing bodies. Quality is not something that can be objectively measured, but is an output based on a number of factors, including the ability of the teacher, a safe learning environment, appropriate learning materials, and so forth. Quality, therefore, has a much deeper meaning and is as such much more about what is being taught and how it is being taught than who is teaching.

The issue of the funding following the learner has been raised. It reflects again a lack of understanding of the historical legacy, the disparities that we have inherited. We are aware that thousands of our schools do not have appropriate infrastructure, are not adequately resourced, do not have laboratories, and do not have libraries.

Yet, we who have inherited infrastructure capacity resources, now argue that those schools must be excluded but rather the learner must be followed. The arrogance of that statement is that we are prepared to accept black learners provided you compensate for them. Not to say that we are not prepared to extend our hand to those learners there and ensure that they are provided the opportunity.

The other fallacy is that it fails to take into account that they are entitled to exemption, but what the school governing bodies tend to do is that they increase the threshold of the fees to such an extent that they become exclusive institutions that perpetuate a particular culture and a particular composition.

I think it is perhaps pertinent to point out what sociologists and psychologists say in this regard - and I would want Mr Douglas Gibson and Mr Ellis to please listen so that they can learn; it is an educating exercise. [Time expired.] [Applause.]

Mr I S MFUNDISI: Chairperson and hon members, the Bill seeks to amend the South African Schools Act and the Employment of Educators Act by putting in place humane steps that need to be taken in dealing with learners. In the current Act, there is no prescribed period within which the expulsion of a pupil from a public school should be done. The result is that learners are kept in limbo for too long without any action being preferred against them. The Bill attempts to put paid to all this.

The introduction of a time limit in handling such issues will ensure that heads of department do not rest on their laurels. Another good aspect of the Bill is that if a learner appeals against suspension or expulsion, he should continue to have access to tuition until the finalisation of the appeal. Another humane aspect of the amendment is the consideration given to the disadvantaged through the introduction of norms and standards for schools funding. School is further made not only accessible but also affordable through the adequacy of benchmarking that the Bill introduces.

The Bill supports the notion of a public school being an asset for the whole community. All role-players would have access to a school. This will sound a death knell to the practice by some school governing bodies and principals who deny some people the use of school buildings. It is, of course, high time that MECs and their heads of department bring into being the tried and tested system of boards of survey in the disposal of surplus or redundant school property.

To all intents and purposes, the amendments are meant to contribute to a better life of schooling, save for the Draconian powers given to the heads of department when it comes to the appointment of teachers in the event of disputes invariably occasioned by teacher unions. We pray much for the strength of the HODs to take up this responsibility responsibly and have the wisdom of Solomon and not strike like colossuses to destroy other people. I thank you.

Mr L W GREYLING: Hon Chair, this Bill contains a number of important amendments that will deal with many of the real frustrations that teachers, governing bodies, the Department of Education and pupils have experienced in various facets of the education system. The Freedom Charter states that there shall be universal, compulsory, free and equal education for all. I think that we can all agree though that we are still far from achieving this ideal, but these amendments should bring us a step closer.

In particular, the ID is happy with the provision made for no fee schools. This should have a direct impact on many children who are living in rural areas who, despite the exemption system, are still excluded from schools on the basis that they cannot afford school fees. School fees are not the only obstacles for poor children either as transport costs, uniforms and textbooks prove to be even greater hindrances to children and lead to them not receiving the education they are entitled to. The ID would therefore support the introduction of a child education grant that could be administered by schools but used by parents as a way to offset these costs.

One of the most controversial aspects of the Bill is the clause regarding the appointment of teachers. The ID does have certain concerns. Quality was not explicitly stipulated along with equity, redress and representivity as one of the criteria. The ID understands that there is great suspicion on the part of many that the education department will seek to advance an agenda that does not necessarily have quality education as its primary focus.

Although the ID understands the concerns that have been expressed over such a clause, we will still support the Bill and urge the department to follow a path that ensures quality education is delivered to all our children. I thank you.

Ms S RAJBALLY: Chairperson, this amending Bill covers very important concerns regarding education. Firstly, we are all entitled to education and no one wants to see a child expelled. But, sadly, serious situations often require that learners be expelled.

The MF is glad that this Bill makes provision for expulsion to be addressed justly, namely the timeframe, allowing a learner to attend classes during an appeal against expulsion and the option for the head of department to substitute a suitable sanction for expulsion.

Poverty is one of our greatest challenges in South Africa and the MF is really pleased that this Bill serves to introduce mechanisms to allow no charging of school fees where applicable. This is a great benefit to our fight against poverty and our commitment to educating our nation. It is so important that we educate our children - they are our country’s future.

The MF is extremely pleased that this Bill overcomes the situation where money becomes an obstacle to the child’s education and paves the way for children to embrace the right to education and enjoy it with no limitations. We also support the clause that provides that a dwelling may not be attached for the settlement of school fees. This should be extended to universities and technikons too.

The MF applauds the education department for a job well done and supports the Education Laws Amendment Bill. Thank you. [Applause.]

Mr I VADI: Chairperson, I must say that I miss the presence of the hon Mike Ellis in the Portfolio Committee on Education regarding this debate. Mike, there are two reasons why I am saying this. The first is that this amending Bill completes the unfinished business of the South African Schools Bill that we discussed in 1996. There are quite a few things which I think are an improvement on that Bill.

However, the second reason why I miss you Mike is that, regarding the very thing that you accused us of in 1996, that is introducing political ideology in education, I think on this occasion the hon Zille has made exactly the same mistake. Both she and hon Dudley have tried to insert their ideological vision of education, one rooted in individualism and liberalism and the other rooted in conservative Christianity, into this particular Bill. You can’t do that in an amending Bill. You have to rework the entire Bill if you want to insert an ideological perspective into education.

This particular Bill is important because it clarifies and streamlines the disciplinary procedures that a school governing body has to follow if it wants to institute disciplinary action against a learner who is guilty of serious misconduct. I think it is important for all the members to know that the Bill introduces the concept of precautionary suspension. But if a young learner in a school is caught raping a child on the school premises or is carrying a firearm and assaults somebody, the school can immediately institute a precautionary suspension without any disciplinary procedure. I think that is an important step forward.

Thereafter, the governing body of the school must institute disciplinary proceedings and can punish that child by suspension amounting to seven school days. In addition to that, the governing body can recommend the expulsion of a learner from the particular school. The Bill gives the head of department in the province a 14-day period to consider whether the expulsion should be upheld or not. In the period while we are waiting for the decision of the head of department, the governing body has the power to extend the suspension of the learner for a further 14 days so that the learner is removed from the school premises and cannot be a threat to other learners. I think this is a significant improvement in terms of the procedures that were there before.

I think the other important thing is this: If the head of department refuses to expel a learner, the school governing body can now appeal to the MEC for a final decision. I think we didn’t have that foresight in 1996, and I think it is an important correction and improvement to the legislation.

The second important part of this Bill is the funding policy of the government, if this Bill is passed. This particular Bill will empower the Minister of Education to set national standards for school funding and to declare certain schools no fee schools. This is an extremely powerful instrument to shift educational resources from wealthy or rich schools to poor schools in the country. In practice or on provisional figures presented to us by the department, it means approximately 5 500 schools are likely to be declared as no fee schools next year or the following year. [Applause.] This means almost 2,5 million learners will not be expected to pay any school fees over the next few years. This is a significant advance in terms of parents who are poor.

I want to talk to Dr Mulder - he is not here! The perception is that this is only for black children or black learners. It is critical for us to understand that even the poor white Afrikaner child can qualify for exemption and can attend a school that is a no fee school. It is important to understand that it is not only about African children or black children. [Applause.]

I pity the hon Boinamo from the DA – he has to vote against this Bill when 2,5 million children are likely to get free education from next year. And the bulk of them are actually from his own constituency, so he has to stand here today and vote against a piece of legislation and against his own people. [Interjections.] It is a pity, I feel very sorry for him. How does he face his community? How will he face the black learner or the Afrikaner learner there who stands to qualify and benefit from this particular piece of legislation?

I think the last point that I want to reiterate, that Prof Mayatula has also made, is that the funding for poor learners will increase to R700 from next year. That is a significant improvement. The basic package of resources today that a learner gets is worth about R121. For it to shoot up to R703 is a significant improvement and I think that we are going to see huge changes in schools over the next few years. In fact, if we take the threshold figure that is likely to come into effect next year, it will be R527. It means that almost 60% of learners in the school system, almost 6 or 7 million learners, will stand to get R527 as a basic package for their education per annum. That is a significant advance. [Applause.]

The third important thing about this Bill is that it clarifies the procedures for exemption if a parent cannot afford school fees. It sets out very clearly what procedures the SGB must follow. There must be a clear paper trail before a school governing body can institute legal proceedings against a parent who has defaulted in paying school fees.

What is very important and I think this is for all members of the House: Once this Bill becomes law, there is only one fee that the school can charge and that is the school fee that is determined at a public meeting of parents. There is no registration fee, no administration fee and no extracurricular fee. There can only be one school fee and I think this is very important, because in many schools throughout the country, come January when the parent is there to register a particular learner at the school, the school says that they have to pay an administration fee of R200 or R300 on the spot, and many parents can’t pay that.

I think it is important that, as public representatives, we familiarise ourselves with the implications of this legislation, so that we can advise our constituency, our people out there, by saying to them: “You are not obliged to pay anything at all, except the school fee that the school has decided upon.”

Again, there is a very important amendment which says that if the school governing body institutes legal action against a parent, it cannot attach the property of a parent, or the house of a parent. We have heard of a case, a few years ago, where the school was able to do that. That is criminal, really, to take a home away in lieu of school fees. But more importantly, the learner cannot be suspended from the classroom if the parent defaults on payment. The learner cannot be subjected to physical or verbal abuse if the parent is unable to pay. And the learner cannot be denied involvement in any extracurricular activities of the school if the parent cannot pay.

A learner cannot be denied a school end-of-year report or a transfer certificate if the parent is unable to pay. [Applause.] Many schools are doing this; they hold back the report on the last day of school and say that the pupil has to bring his school fees in order to get his report card. That is a form of blackmail. I know that in Lenasia, in my own community, this is what is happening, and I think it is wrong. It is wrong. There are enough legal measures that the school can take if it wants to recover the money, but it can’t blackmail the child. I think, as public representatives, we need to educate our communities about this.

Regarding the issue of employment procedures, because I think quite a few of the opposition parties have problems with this, I would like to say that all that is happening is that the existing procedures for employment, promotion or transfer remain in place, except that the school governing body now has to make three recommendations, instead of only one recommendation, for promotion. That is the only material difference.

What is attempted in this particular legislation is to establish a healthy balance between the right of a school governing body to recommend which kind of teacher should be teaching their children, and set that against the right of the employer to decide who should be employed. So, there is a healthy tension that is being built into this particular legislation, and I think we are establishing a balance here.

We have to prevent a situation where cronyism creeps into a school governing body, where friends are put into posts because they are in the principal or members of the school governing body’s good books. We have to ensure that unfair and negative practices based on racism, ethnicity, gender and disability do not impact on the appointments and promotions procedure.

I think we are trying to establish a healthy balance and I don’t see why the opposition parties actually oppose this. All in all, I think what this Bill does is that it takes us a number of steps forward in terms of our public education system. It empowers the school governing bodies, and it clarifies the decision-making procedures.

This Bill will have a huge impact on the poor in our community, black and white, English and Afrikaners. It is important to understand that Afrikaners can benefit. The ANC supports this Bill. Thank you very much. [Time expired.][Applause.]

The MINISTER OF EDUCATION: Mr Chairman, the DA believes that the ANC struggled, sacrificed and survived for 93 years in order to fail at promoting transformation, in order to hold our people back by not offering them quality education. They are stuck in this belief and it will never be realised. They believe that we survived for 93 years in order to betray the promise of the Freedom Charter. We did not; we survived to give life to the Freedom Charter and we will do so. [Applause.]

The DA does not know the ANC; the DA does not understand the ANC; the DA will not sway the ANC from assuring that our children enjoy opportunities, realise their potential, and live and study in a country that advances all the children and all communities. [Applause.] That is the system of education we will build.

The hon member of the DA has been trying for many months to make the lives of my two younger children hell in the schools they attend, because they are in private schools. My two elder children went to the same public school as her children, but she doesn’t mention that. However, what she has done is to make life hell for my children by personalising the issue. I have told her that my husband, Sharif, is not married to Helen; he is married to Naledi. He decides with Naledi. I, Naledi, am not married to Tony Leon; I decide with Sharif on the children of Naledi and Sharif. [Applause.]

Now, let me come to the matters before the House. [Interjections.] No, just keep quiet. Keep quiet, and when my children’s hair is pulled, when they are called names, go and help them. Keep quiet!

Now, let us deal with the matters to do with the legislation. [Interjections.] I will never be silenced, nor will I ever make the choices you want me to make. [Interjections.] I was part of fighting for this freedom and I will make the choices that I wish to make.

The HOUSE CHAIRPERSON (Mr K O Bapela): Order! Hon members, your noise level is high now, and there is running commentary. Let the Minister be protected.

The MINISTER OF EDUCATION: Chair, we fought for them to be in this House, and all they use it for is to make useless noises. Nevertheless, this legislation is important. We will utilise it in order to advance educational opportunities for the children of our country. We will ensure that indeed we address the areas that the hon Mpontshane has so appropriately referred to. We will ensure that the systems are in place, because clearly the matter of implementation needs to be an important imperative that we must have regard to.

I would also want to point out that the Bill does not eliminate or remove the issue of voluntary contributions that the hon member referred to. There may very well be parents who might want to make such a contribution, but this would not be a school fee. Therefore there would be no compulsion, which has been the case for many poor parents.

With respect to the ACDP, I believe the hon Vadi has dealt with the matter. There is no intention in the legislation to impact negatively on religious schools. Independent schools do receive a subsidy from the state, those that fall within parameters that are within the national norms and funding criteria.

I think the issue of rejecting the Bill because it doesn’t refer to qualifications is answered by section 7(1), which refers to, and I quote, “minimum qualifications”, because, as the hon member knows, we cannot appoint unqualified educators to teach in our schools. This is something we fought against, and we will make sure that we continue to fight against it.

Of course the hon members from the DA have no interest in ensuring that our schools have a diversity of staff, because they believe people who look like me have no quality or skills to offer schools in our country. [Interjections.] And they also believe persons with disabilities have no skills that they can offer schools in our country. They also believe that persons of a different orientation have no skills they can offer schools in our country. All of these persons fall within the category of what is referred to as representivity. The hon members from the DA have made reference to an obsession with race. You will notice that the only party in this debate that mentioned race was their party. It is their obsession, not our obsession.

We believe this piece of legislation advances concerns that communities have articulated about an inability to pay for education. For many years we were not able fully to address this inability to pay, and we are making a start with this - an important beginning, a necessary beginning, and we will pursue it.

There is no country anywhere in the world that has the system of appointment of teachers that South Africa has. Why should it be that the government, as employer, plays no role in the appointment of teachers? Why? The answer is not very hard to find. [Interjections.] [Applause.]

We believe the change introduced by our democracy was an important one to ensure that parents do play a role in determining the progress of their schools, but the exclusion of the Department of Education from exercising its constitutional obligation is something that we have to attend to and address. This legislation seeks to do that. The legislation also assists governing bodies in ensuring that there is discipline in our schools.

It also helps the school governing bodies in budgeting appropriately so that we do not have additional fees imposed on parents, where you are told the fee is so much at the beginning of the year, and then for school trips and other matters you have to pay so much more money that you as a parent are actually unable to budget for. We will now have a budget where the school fee would include all these aspects related to educational costs.

Finally, I hope that through this legislation we will begin the steps towards completing transformation of education and the offering of educational opportunity to our children. There is no way in which we can detract from our resolve to ensure that all the children of our country enjoy quality education. No Minister can refuse to attend to this particular aspect.

I have indicated that I am committed to ensuring that we enhance quality and opportunity for our children. And the fact that we will be providing greater financing to schools that are poor, the fact that these schools will become our focus schools, many of them offering science and technical education and other areas from which they have been excluded, means we are attending to the issue of promoting quality.

Quality doesn’t exist in just a few schools; quality has to be an attribute of all the schools in our country, because that is what our children deserve and that is what South Africa needs.

The challenge of government is to ensure that through our public finances we support our schools to offer our children a quality level of education that allows them to acquire skills that equip them to execute their role in society, independent of any move by other persons. This legislation assists us in this regard.

The members to my left, not surprisingly, without any left ideological leaning, will of course vote against this legislation. Who is surprised? Nobody! We will be able to tell the people of South Africa that the parties that voted against this legislation did not want the poor to enjoy free education . . . [Interjections.] . . . did not want us to have diverse schools, did not want us to improve education, and that we who voted for this legislation sought transformation, and made sure we had the basis to achieve it by passing this legislation. Thank you, Chairperson. [Applause.]

Debate concluded.

The HOUSE CHAIRPERSON (Mr K O Bapela): Order! Hon members, the hon Zille has submitted amendments to the Bill, which appear on the Order Paper. There are also other amendments to the text which we will deal with later, but for now we are dealing with those that are on the Order Paper, as submitted by hon Zille. Are there any objections to the amendments to the Education Laws Amendment Bill as they appear on the Order Paper?

Division demanded.

The House divided:

AYES - 41: Blanché, J P I; Boinamo, G G; Botha, C-S; Camerer, S M; Coetzee, R; Cupido, H B; Davidson, I O; Delport, J T; Doman, W P; Dreyer, A M; Dudley, C; Ellis, M J; Gibson, D H M; Jankielsohn, R; Joubert, L K; Kalyan, S V; King, R J; Kohler-Barnard, D; Lee, T D; Leon, A J; Loe, S J; Lowe, C M; Madikiza, G T; Maja, S J; Maluleke, D K; Masango, S J; Morgan, G R; Mulder, C P; Mulder, P W A; Nel, A H; Rabie, P J; Schmidt, H C; Selfe, J; Smuts, M; Stephens, J J M; Swart, P S; Swathe, M M; Trent, E W; Van Dyk, S M; Weber, H; Zille, H.

NOES - 195: Abram, S; Ainslie, A R; Anthony, T G; Arendse, J D; Baloyi, M R; Bekker, H J; Benjamin, J; Beukman, F; Bhamjee, Y S; Bhengu, F; Bhengu, M J; Bici, J; Blose, H M; Booi, M S; Botha, N G W; Burgess, C V; Cachalia, I M; Carrim, Y I; Cele, M A; Chalmers, J; Chohan-Khota, F I; Cronin, J P; Dambuza, B N; Diale, L N; Dikgacwi, M M; Direko, I W; Dithebe, S L; Dlali, D M; Doidge`, G Q M; Fihla, N B; Gabela, L S; Gaum, A H; Gcwabaza, N E ; Gigaba, K M N; Godi, N T; Gololo, C L; Goniwe, M T; Greyling, C H F; Gumede, D M ; Gumede, M M; Hajaig, F; Hanekom, D A; Hendrickse, P A C; Hogan, B A; Huang, S; Jacobus, L ; Jeffery, J H; Johnson, C B; Johnson, M; Jordan, Z P; Kalako, M U; Kasienyane, O R; Kati, Z J; Kekana, C D; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Khumalo, M S; Khunou, N P; Komphela, B M; Kondlo, N C; Koornhof, G W; Kota, Z A; Kotwal, Z; Landers, L T; Lekgetho, G; Lekgoro, M K; Lishivha, T E; Louw, J T; Louw, S K; Ludwabe, C I; Luthuli, A N ; Maake, J J; Mabe, L L; Mabena, D C; Mabuyakhulu, D V; Madasa, Z L; Madella, A F; Maduma , L D; Madumise, M M; Magubane, N E ; Magwanishe, G B; Mahlangu-Nkabinde, G L; Mahomed, F; Mahote, S; Maine, M S; Malahlela, M J; Maluleka, H P; Manana, M N S; Mars, I; Martins, B A D; Mashangoane, P R; Mashiane, L M; Mashigo, R J; Mashile, B L; Masutha, T M; Mathebe, P M; Matlala, M H; Matsemela, M L; Matsepe- Casaburri, I F; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mbombo, N D; Meruti, M V; Mfundisi, I S; Mkhize, Z S; Mngomezulu, G P; Modisenyane, L J; Mogale, O M; Mogase, I D; Mohamed, I J; Mokoena, A D; Mokoto, N R; Moloto, K A; Monareng, O E; Montsitsi, S D; Moonsamy, K; Morobi, D M; Morutoa, M R; Morwamoche, K W; Mosala, B G; Moss, L N; Motubatse- Hounkpatin, S D; Mpontshane, A M; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Ndou, R S; Ndzanga, R A; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Njikelana, S J ; Njobe, M A A; Nkabinde, N C; Nkuna, C; Nogumla, R Z; Ntuli, B M; Ntuli, M M; Ntuli, S B; 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; Pieterse, R D; Radebe, B A; Rajbally, S; Ramgobin, M; Ramodibe, D M; Ramotsamai, C P M; Ramphele, T D H; Rasmeni, S M; Saloojee, E; Schippers, J; Schneemann, G D; Schoeman, E A; Sefularo, M; Sekgobela, P S; September , C C; Sibande, M P; Sibanyoni, J B; Siboza, S ; Sibuyana, M W; Sigcau, Sylvia N; Skhosana, W M; Solo, B M; Solomon, G; Sonto, M R; Sosibo, J E; Sotyu, M M; Surty, M E; Thomson, B; Tsenoli, S L; Tshwete, P; Turok, B; Vadi, I; Van den Heever, R P Z; Vos, S C; Wang, Y; Xolo, E T; Yengeni, L E; Zita, L; Zulu, B Z.

Question not agreed to.

Amendments accordingly negatived.

Question put: That the Bill be read a second time.

Division demanded.

The House divided:

AYES - 198: Abram, S; Ainslie, A R; Anthony, T G; Arendse, J D; Asiya, S E; Baloyi, M R; Bekker, H J; Benjamin, J; Beukman, F; Bhamjee, Y S; Bhengu, F; Bhengu, M J; Bici, J; Blose, H M; Bonhomme, T J; Booi, M S; Botha, N G W; Burgess, C V; Cachalia, I M; Carrim, Y I; Cele, M A; Chohan- Khota, F I; Cronin, J P; Dambuza, B N; Diale, L N; Dikgacwi, M M; Direko, I W; Dithebe, S L; Dlali, D M; Doidge`, G Q M; Fihla, N B; Gabela, L S; Gaum, A H; Gcwabaza, N E ; Gigaba, K M N; Godi, N T; Gololo, C L; Goniwe, M T; Greyling, C H F; Gumede, D M ; Gumede, M M; Hajaig, F; Hanekom, D A; Hendricks, L B; Hendrickse, P A C; Hogan, B A; Huang, S; Jacobus, L ; Jeffery, J H; Johnson, C B; Johnson, M; Jordan, Z P; Kalako, M U; Kasienyane, O R; Kati, Z J; Kekana, C D; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Khumalo, M S; Khunou, N P; Komphela, B M; Kondlo, N C; Koornhof, G W; Kota, Z A; Kotwal, Z; Landers, L T; Lekgetho, G; Lekgoro, M K; Lishivha, T E; Louw, J T; Louw, S K; Ludwabe, C I; Luthuli, A N ; Maake, J J; Mabe, L L; Mabena, D C; Mabuyakhulu, D V; Madasa, Z L; Madella, A F; Madikiza, G T; Maduma, L D; Madumise, M M; Magubane, N E ; Magwanishe, G B; Mahlangu-Nkabinde, G L; Mahomed, F; Mahote, S; Maine, M S; Maja, S J; Malahlela, M J; Maluleka, H P; Manana, M N S; Mars, I; Martins, B A D; Mashangoane, P R; Mashiane, L M; Mashigo, R J; Mashile, B L; Masutha, T M; Mathebe, P M; Matlala, M H; Matsemela, M L; Matsepe-Casaburri, I F; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mbombo, N D; Meruti, M V; Mfundisi, I S; Mkhize, Z S; Mngomezulu, G P; Modisenyane, L J; Mofokeng, T R; Mogale, O M; Mogase, I D; Mohamed, I J; Mokoena, A D; Mokoto, N R; Moloto, K A; Monareng, O E; Montsitsi, S D; Moonsamy, K; Morobi, D M; Morutoa, M R; Morwamoche, K W; Mosala, B G; Moss, L N; Motubatse-Hounkpatin, S D; Mpontshane, A M; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Ndou, R S; Ndzanga, R A; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Njikelana, S J ; Njobe, M A A; Nkabinde, N C; Nkuna, C; Nogumla, R Z; Ntuli, B M; Ntuli, M M; Ntuli, S B; 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; Pieterse, R D; Radebe, B A; Rajbally, S; Ramgobin, M; Ramodibe, D M; Ramotsamai, C P M; Ramphele, T D H; Rasmeni, S M; Saloojee, E; Schippers, J; Schneemann, G D; Schoeman, E A; Sefularo, M; Sekgobela, P S; September, C C; Sibande, M P; Sibanyoni, J B; Sibuyana, M W; Sigcau, Sylvia N; Skhosana, W M; Solo, B M; Solomon, G; Sonto, M R; Sosibo, J E; Sotyu, M M; Surty, M E; Thomson, B; Tsenoli, S L; Tshwete, P; Turok, B; Vadi, I; Van den Heever, R P Z; Xingwana, L M ; Xolo, E T; Yengeni, L E; Zita, L; Zulu, B Z.

NOES-37: Blanché, J P I; Boinamo, G G; Botha, C-S; Camerer, S M; Coetzee, R; Cupido, H B; Davidson, I O; Delport, J T; Doman, W P; Dreyer, A M; Dudley, C; Ellis, M J; Gibson, D H M; Jankielsohn, R; Joubert, L K; Kalyan, S V; King, R J; Kohler-Barnard, D; Lee, T D; Leon, A J; Loe, S J; Lowe, C M; Maluleke, D K; Morgan, G R; Mulder, C P; Mulder, P W A; Nel, A H; Rabie, P J; Schmidt, H C; Selfe, J; Smuts, M; Stephens, J J M; Swart, P S; Swathe, M M; Trent, E W; Van Dyk, S M; Zille, H.

Question agreed to.

Bill accordingly read a second time.

DEBATE ON INTERPARLIAMENTARY UNION TOPIC: THE RESPECTIVE ROLES OF PARLIAMENT AND THE MEDIA IN PROVIDING THE PUBLIC WITH OBJECTIVE INFORMATION, ESPECIALLY ON ARMED CONFLICTS AND THE STRUGGLE AGAINST TERRORISM

Ms N R MOKOTO: Madam Chair, democracy has been heralded as a prime mechanism for societal development and conflict management. It is also important to know that the rights to credible information and freedom of expression are essential to ensure accountable and transparent governance, and to make it possible for all parts of a population to have access to and participate in the political development of a country.

These elements are also important, in order to promote constructive communication, to decrease perceptions of threat and some zero-politics and to create more stable and sustainable political structures and institutions of democracy. In democratic systems, the media, as a fourth estate of government, generally pursues the freedom to cover events and issues with very limited restrictions. This is a recognised and observed norm and a legally obligated right, entrenched in many constitutional democracies across the world.

It is in this spirit that the media continues to enjoy independence and freedom from any form of interference. However, as the ANC, we wish to declare that this freedom and rights are not absolute and cannot be conveniently twisted for purposes of undermining the interests of the very people that it is supposed to protect.

This becomes particularly relevant in the case of private media, which is not government-owned. In which case, the media decides to play along with what can be termed as dominant forces in conflict or war. A number of journalists covering the Iraqi war served as good examples of a media without responsibility, commonly known as an embedded media.

I wish that this House could hear me well on this matter. If we talk about this freedom and independence, what are we addressing? Because the media must, at all times and costs, maintain its ethical responsibility to its citizens and society, particularly at a time when information and communication play an important role in the formation of personal attitudes and the development of society and democratic lives.

The tendency of the media to conveniently harp on these issues of independence and freedom from external influences at the expense of people’s lives in the quest for cheap profit and high sales, will not be condoned. Like no other guardian sector in our society, the media has an immeasurable power to influence, reinforce, change perceptions, educate the masses, inform and set the agenda for society. However, we should realise that the media has a very complex role to play that, unfortunately, is often taken for granted by political decision-makers and the military.

Statements claiming the media’s impressive effects are often heard from some decision-makers. Political practitioners and even researchers most often assume the effect of news media in political conflicts. An example of the extent to which this is so, is reflected in the 1995 survey, in which 64% of the American military officers still believe that the media held the prime responsibility for ruining the war effort in Vietnam.

The increase in instances of the scope and extent of terrorism has coincided with the exponential spread and sophistication of the means of communication and information to people all over the world. It is, therefore, natural that instigators of terrorist acts, armed conflicts and the government concerned will seek to gain the attention of the media to get their point of view across.

In a war situation, a state is almost always militarily superior. Nonstate actors are more dependent on psychological warfare, which entails influencing the attitudes and perceptions of a population. As such, a battlefield in the traditional sense is not a particularly appropriate arena in which to compete over the ability to mobilise audiences. Therefore, the media dimension has become increasingly important, and it is no coincidence that media assistance emerged and has increased in importance since the end of the Cold War.

Training personnel on how to best interact with the media has now become an integral part, at least, of Western style military development. Today, most defence ministries, particularly in developed countries, have public relations and media specialists. In light of this, it is surprising and, perhaps, very alarming that relatively little in terms of research and resources have been allocated to improve our understanding of the media role in conflicts and democratising states.

Another aspect that has important consequences for the media in violent conflict pertains to the recent search for democratisation. It began before the end of the Cold War but, since then, a fourth way of democratisation has begun. Democratising states are involved in complex processes of the readaptation of traditional political structures, and are attempting to incorporate democratic institutions and norms. Incorporating an editorially and economically independent, responsible and pluralistic media is essential to democratisation.

Political change often stimulates hope, and it provides unique opportunities for different and often previously marginalised groups in society to influence political dynamics while, on the other hand, those who have control of power may find it difficult to let go. The manner in which the media reports those issues often leads to actual conflicts, and even the reports that centre on the aftermath of those conflicts obviously have a huge impact on the thinking of the people who receive the footage.

As often as it is expressed, truth, credibility, balance and even-handed reporting of events become the first casualty of war. In this case, who is to blame for it? Is it governments, rebels or the media itself - because of its self-styled character of a sophisticated instigator, which often tends to fuel conflicts rather than assist to resolve conflicts and restore social stability?

The ANC is convinced that the media can provide various forms or platforms to search for alternatives to armed conflict, and to create conducive conditions for peaceful settlements. However, we must remember that our society is also riddled with conflicts, which have a potential to cause unrest. Whichever the case, we must ensure that journalists are also committed to the desire for peace and democratic governance.

It has also been noted that one of the main reasons why rigorous information, as we understand it, does not exist in certain zones of crises, war or political authoritarianism, is not that journalists are incompetent or lack training, but because of the political, military and financial situation that they find themselves in. We, therefore, call for the media to be vigilant enough to struggle with terrorism and armed conflicts by promoting an unbiased, credible and objective reporting of events.

It is very important that, for us to realise any attempt to promote peace and to prevent violent conflicts, we should acquire active participation, which will include all societal actors at a multilateral level, so that we are able to achieve long-term commitments.

I thank you, Madam Chair. [Applause.]

Adv H C SCHMIDT: Madam Chair, the question of how Parliament and the media can provide objective information to the public on armed conflicts and terrorism is a complex one. Traditionally there’s no area of public policy that is more sensitive than issues of national security such as terrorism and armed conflicts. It is an area in virtually all states in which there is a clear tension between the need for the public to be informed of genuine threats to a nation’s security, as well as to be informed about the state’s readiness to meet these threats.

Issues of national security are also an area where public debate is restricted, and where access to information is limited to a select few. The cloak and dagger nature of national security makes it very difficult for parliaments worldwide to exercise effective oversight, let alone provide objective information to the public. However, they should in no way deter Parliament from engaging in this area, as this is a vital area of public policy, both in terms of the importance of the subject matter itself and also because a large proportion of countries’ budgets are often dedicated to national security.

In the case of South Africa the amount spent on security amounts to approximately R50 billion. It must not be forgotten that national security measures can also restrict citizens’ freedom and liberties, which has major consequences for democracy. Therefore, issues of national security cannot and should not be left to the executive alone. Parliament has a critical role to play in getting the balance right between exercising vigorous oversight over the security establishment, without negatively affecting national security.

The need for vigorous oversight was graphically illustrated by the abuse of the security forces that occurred in South Africa during apartheid, and more recently an intense debate that raged in the USA and the UK as to whether their respective heads of state deliberately lied to their legislatures on the question of Iraq’s possession of weapons of mass destruction, as a pretext to go into war with that country. The ensuing debate clearly showed the need for checks and balances over executive action, as well as the need for as much transparency as possible, without jeopardising the security of the state.

Parliament therefore can play a critical role in not only allocating resources to security agencies, but also in ensuring that security policy is relevant to the regional and international environment in which South Africa operates. There are specific aspects of national security that Parliament can focus on. These include the national security policy cycle, the functions and reporting structure of each security agency and the budget and material resources of each agency.

South Africa has a laudable oversight framework over our security agencies; in particular the elaborate oversight mechanisms that govern our intelligence agencies, which are arguably the most extensive in the world. Yet, even these did not stop the previous Minister of Intelligence from refusing to answer a question as to how much a series of departmental hiccups cost the taxpayer, as she argued that this was a matter of national security. This attitude is indicative of the disdain with which certain members of the executive view parliamentary oversight.

Two important examples spring to mind: the first of which is the failure of the national commercial arms control committee to publish its annual report on South African weapons exports. This was contrary to the policy of previous years and the result of this unwarranted secrecy is that the public of South Africa cannot interrogate the government’s decision to sell weapons to countries such as Pakistan, Colombia and China.

The Minister of Safety and Security has also started to refuse to answer routine Parliamentary questions, on resourcing of police stations on the flimsy grounds that this poses a threat to the operational integrity of the SAPS. This position is highly questionable, given that his Ministry has previously had no problem in answering precisely the same questions.

We live in uncertain times with the nature of these threats to our nation changing on an almost daily basis. In a climate of such global uncertainty, it is absolutely essential that our security agencies are subjected to vigorous scrutiny, and that they operate in as transparent and open a manner as possible. If Parliament and the media are blocked from exercising this scrutiny, it paves the way for the abuse of power and the kind of mistrust that has recently been illustrated in the USA and the UK.

The challenge for Parliament, therefore, is to fulfil its role without fear and for government not to hide behind the veil of national security, simply because it is politically expedient for them to do so. By acting in such a manner and with the complementary assistance of the media, this will go a long way to providing the public with the objective information that it requires. I thank you.

Mr M J BHENGU: Madam Chairperson, it is significant that we have this debate soon after the fourth anniversary of the September 11 attacks on the World Trade Centre in New York and the Pentagon in Washington, where so many innocent people lost their lives. Through the extensive media coverage that they received, these attacks in particular brought terrorism to the attention of the world, and highlighted the real international danger and threats posed by these cowardly terrorist organisations.

The role and responsibility of the media and Parliament is of paramount importance when dealing with the issue of terrorism. It is therefore imperative that we find ways of working together to combat this international scourge, without actually jeopardising the freedom of our press, which is a prerequisite for our democracy. Governments all over the world need the media in their efforts to limit terrorists’ harm to society, and in their efforts to punish or apprehend individuals responsible for terrorist acts.

The media needs the freedom to cover an issue or story without external restraint. The media and government, therefore, have to find a balanced relationship when dealing with this important issue.

In many countries around the world and particularly in Africa, there has been armed conflict and war. This has resulted in millions of refugees and hundreds of people have been affected. It has been estimated that in Angola, for example, about 500 000 people have been killed since 1989, and there are an estimated 3 million refugees. This is a staggering figure and it is therefore very sad that all this destruction, suffering and loss of life have not received the international attention and awareness that they deserve.

The media has an ethical responsibility to citizens and society, and it should play an important role in the development of society, as well as enabling us parliamentarians to make well-informed decisions. It is important that the media provide a balanced and correct picture of the events of armed conflicts to highlight terrorist statements aimed at gaining broader publicity and inciting the people.

Therefore, we as parliamentarians can play a role in actually disseminating the objective and factual information about incidents involving terrorism and armed conflict. Therefore, there needs to be an international effort by parliaments all over the world, as well as the media, if we are to provide our perspective policies with the objective information, especially on issues of transformation and armed conflict.

This can be achieved in an ethical and objective manner if the two could actually work together. There has to be that kind of collaboration between the media and parliamentarians so as to help our world, which is faced by a lot of terrorism and the danger that is inherent in it. I thank you.

Mr G T MADIKIZA: Madam Chair and hon members, the modern international landscape is characterised by various armed conflicts and the rise of organised terrorism with a truly global reach. The extent of this phenomenon makes it vital for citizens to be provided with objective information. Parliament and the media bear a joint responsibility to disseminate such information in a timely and unbiased manner.

Unfortunately, armed conflict and terrorism are often expressions of a political agenda, and where there are political agendas, objectivity and fair distribution of information becomes difficult. Liberation movements were subjected to such a disinformation campaign from the apartheid parliament, and a severely shackled local media. Besides the many similar historical examples, we can also point to the current examples of misinformation and distortion that are being perpetrated by the present day antagonists in armed conflicts and the struggle against terrorism.

As has often been said, one man’s terrorist is another’s freedom fighter. The only realistic way to combat this is to ensure that the roles of parliament allow for open debate, and for all views to be heard, and that the media is truly independent and not subjected to restrictions. In this regard it is a perennial danger that national security can be invoked in order to suppress information.

The purpose of parliamentary politics and democracy in general, is to provide nonviolent and consensus-seeking forums, for the expression of political agendas in order to avoid the situation where certain people will feel the need to resort to violence. We should constantly remind ourselves and other democracies that if we unnecessarily restrict the proper functioning of our parliaments, and the flow of information in the name of national security, then we are sowing the seeds for future armed conflict and terrorism. I thank you.

Mr H B CUPIDO: Madam Chairperson, thank you for the protection. Fortunately it is not anything controversial that needs to be discussed this afternoon. I refer to point 9 of the report under discussion, which refers to Parliament’s role in communicating crucial information to the public. There is a common perception that armed conflict and terrorism are intellectual concepts that have no relevance to those without education.

I wish to draw attention to those sections of our communities that have little or no access to the most basic forms of media. These are people in the rural areas and outlying areas, some of whom cannot even read. One cannot just assert that the London acts of terrorism, for example, are of no relevance to this group of people. Parliament has a significant role to play in ensuring that these communities are informed about the impact of international armed conflict on South Africa.

In this regard the municipal imbizos and ward committees can make a major contribution. As this way of government is closer to the people, local government structures must prioritise the conveying of such information to communities. The ACDP is particularly appreciative of the deployment of community development workers in local communities. These are individuals who can relay information to the people in the languages they can understand and who are in a position to view the situation from the perspective of the community that they are working in.

It is further of paramount importance that at international level, all governments who are opposed to terrorism should form a united front, and explore all possible avenues in order to prevent terrorist groups from keeping a free world captive. I am sure that Parliament and all parliamentarians can come up with policies to combat the attacks of an invisible enemy.

The media and the free press in particular can form a close partnership with Parliament, as the media is an important component of society for the provision of impartial information. [Time expired.]

Dr G W KOORNHOF: Chairperson, comrades and members, over the last 50 years the nature of armed conflict has changed dramatically. We have witnessed more conflict taking place during this time within states rather than between states. Such conflicts, within states, have also spilled over into regions, unfortunately, due to the fact that intruders, refugees and insurgents have started to move across borders without being successfully apprehended. This situation has led to the situation that more civilians have now been involved in conflicts.

In his book, The Security Intersection, Mills estimates that about 50% of war-related deaths in the 18th century were civilian, as opposed to 90% in

1. It has therefore become much more difficult to stop armed conflict within states than between countries.

Africa in particular has experienced more violent conflict during this time than any other continent in the last 50 years. Despite the fact that the situation has improved in the recent past, violent conflict on the continent is still the biggest obstacle to development. It therefore remains a challenge to tackle armed conflict to save lives and money by building the capacity of African states and societies to prevent, manage and solve conflicts.

Two strong pillars of democracy are Parliament and freedom of the press. It is the task of Parliament and the media to strengthen this democratic process and to protect it, and to root out the negative effects of armed conflict and terrorism.

As a Parliament we can be proud of the national laws we have put in place in this Parliament to prevent or manage armed conflict and also its related activities. These laws include acts against terrorism, money-laundering, organised crime, the Foreign Military Assistance Act and an Act on arms control, to only mention a few.

In addition, we are signatories to a wide range of international agreements, treaties, memoranda of understanding, etc, to prevent war crimes, crimes against humanity, genocide, terrorism and abuse against women and children, amongst others.

This is a remarkable achievement that the ANC-led government has achieved in a short span of ten years, namely to inform the public with objective information on regional and continental armed conflicts. At the core of these achievements, which will intensify in years to come, is respect for public opinion.

We are succeeding in promoting peace and security on the continent, as is proved by the sterling work the SANDF is doing in peacekeeping operations in the DRC, Burundi and other countries on the continent.

In Parliament we have portfolio, select and joint committees to oversee government policy, including the defence and security cluster, and to prevent armed conflict. These are ANC-initiated policies, mostly – surprisingly, but true – supported by the opposition parties, in the long- term interests of government, and in the interests of society. It is thus these very committees that inform the public about the struggle against armed conflict.

As a case in point, the Portfolio Committee on Defence will conduct an oversight visit to the DRC and Burundi early in October 2005 where we will interact with our soldiers deployed in peace-support operations. On our return, we will compile a report and table that report in Parliament, with the possibility to debate it in this House, informing the public of what we oversee.

Our young men and women in uniform are proudly serving our country in peace- support operations in Africa. They do it with passion and with pride. Members will be interested to know that the first company of reserve force members, that’s the citizens in uniform – part-time soldiers – are nearing their first six-month service in peace-support operations in Africa. This is the first time in 40 years that our reserve force members have been deployed outside the borders of this country. They will be replaced by another reserve force unit, deployed for peace-support operations.

We as members of Parliament are ideally placed to supply the public with objective information on our role in Parliament to prevent armed conflict in our region and our continent. We have constituencies to which we can convey objective information about our role in securing stability and peace on the continent and reassure the public of our proactive role to prevent armed conflict.

In this regard I want to propose that Parliament seriously considers empowering available MPs to attend a training course on defence and security management. An important element of such a training course will be to improve the understanding of the global and regional security environments, but also the institutions with which our Parliament need to interact. Such a training course can be offered free of charge to Parliament, as it can be funded.

Currently, a number of key policy documents on international, continental and regional levels, to which South Africa is a key participant, exist. One such important policy document is the Southern African Development Community – SADC – Strategic Indicative Plan for the Organ, called Sipo. One of the key objectives of Sipo is to protect the people against armed conflicts within, or between, states in SADC.

It is clear that Parliament can indeed play an important role in the prevention of armed conflict by promoting continued co-operation between states and among states. This role can be supported by the private sector and by civil society, as well as the day-to-day co-operation of the media.

The media, which is also a strong pillar of democracy, has the freedom to cover events such as armed conflicts, but also the duty to present people with an objective picture of any crisis situation. Today the power of the media is far-reaching. The so-called televised events by CNN and other major international stations have a marked influence on the way of thinking of people. While it is an obligation of Parliament to protect our freedom of speech, including the media, it’s also our task to help the media to show responsibility in the reporting of news.

Ek sluit af deur te sê dat dié Parlement en ons media in Suid-Afrika ’n objektiewe, deurdagte rol speel om die publiek in te lig oor die kwessie van gewapende konflik en terrorisme in die wêreld, op ons vasteland, en ook in ons streek. Dít sal voortgaan omdat ons verbind is tot vrede en stabiliteit in Afrika, en nie omdat ons soos die DA wolf-wolf skree nie. Ek dank u. [Applous.] (Translation of Afrikaans paragraph follows.)

[I conclude by saying that this Parliament and our media in South Africa play an objective, well-considered role in informing the public on the matter of armed conflict and terrorism in the world, on our continent, and also in our region. This will continue because we are committed to peace and stability in Africa, and not because we cry wolf, like the DA. I thank you. [Applause.]]

Mr N T GODI: Chairperson, comrades, hon members, parliamentarians, as public representatives and leaders, have a burden of responsibility and accountability. It is expected that in all matters of public interest the greatest care be taken to project a responsible message and to support understanding among people and promote international peace and security.

The media has a responsibility to inform the public objectively, reliably and authentically of views, events and trends in relation to armed conflicts. The media needs to put conflicts in their historical and social perspective to inform and educate the public about them. The old saying goes that in a war situation the truth or objectivity is the first casualty. This hard truth has been confirmed in numerous instances worldwide.

The media in the US, the UK, etc, tend to be jingoistic, and in the so- called national interest either censor themselves or go along with government positions, which tend to be very subjective. To them Iran or North Korea are acceptably branded terrorist states, but when the US and the UK illegally invade Iraq, it is excused or justified.

If Parliament and the media are to play a central role in promoting world peace and diminishing armed conflicts, they need to strenuously strive for objective public commentary that strengthens peaceful resolution of conflicts, as well as an understanding of the motives and basis of all protagonists in a conflict. Thank you. [Applause.]

HON MEMBERS: Malibongwe! [Praise!]

Ms S RAJBALLY: Igama lamakhosikazi. [The name of women.] Chairperson, having viewed the IPU report on the matter regarding Parliament and the media’s responsibility to the public, especially regarding armed conflicts and terrorism, the MF is of the view that our democracy, South Africa, that inculcates a system of transparency and freedom of information, has the necessary mechanics in place to ensure its citizens are well informed of both domestic and international events and occurrences.

Terrorism is a great threat to global peace and the wellbeing of people. The 9/11 attack and the recent London bombing, among other terrorist attacks, the armed conflicts that took place in Afghanistan, Iraq and Sudan and the genocide in Rwanda are a few of the terrors that have sent continents into spasms.

Just this morning on the news another random bomb attack by Al-Qaeda was reported. We as Parliament have often engaged in debates on terrorism and have passed the necessary legislation.

The MF denounces all forms of terror. We feel it is important that our people are aware of these facts and it is our duty to ensure that they are given correct and truthful information.

The media, on the other hand, is free to deliver to the public events as they occur, and its reports may often carry more opinion than fact. The MF feels it our duty, as Parliament, to go beyond the normal gazettes and televised coverage of plenaries to inform our citizenry of situations globally and domestically.

We acknowledge that there is a parliamentary channel on DSTV, but the majority of our people cannot afford access to this. We suggest that a parliamentary channel be hosted by the SABC, as well as a parliamentary radio station, that would report on various matters, including the engagement, activities and outcomes of the executive’s, as well as Parliament’s and the judiciary’s undertakings.

The MF once again stresses the importance of the right to information and would like the above to be considered to ensure improved transparency and access. [Time expired.] [Applause.]

Mr M S BOOI: Chairperson, we think it’s very important that we put history into perspective, and it’s always important that the ANC is able to put its work into perspective. As you say, Schmidt, we must always keep the executive in check, and balances should be worked out. But we think that Parliament has always been doing that, and Parliament under the ANC has always remained vigilant.

There are things that, when you blow them out of perspective, you need to correct, and there are things we think are worth mentioning, because for us to define terrorism and for us to talk about experiences on terrorism are not matters that we have reflected on outside the African continent. These are things that have happened during the democratic process after 1994.

We have had the scenario of Pagad attacking and bombing quite a number of places in the Western Cape, which had an effect on our tourism in the Western Cape. That was called economic sabotage, because we were also attacked at the Waterfront and in Camps Bay – places that are of quite strategic importance to the growth of the economy in the Western Cape. So, for us, the experience of terrorism is not what has been contextualised in terms of only what happened on 9/11 in the United States. It is our experiences that we are talking about.

The conduct of the executive and the relationship between ourselves and the media during that period is a scenario that I will be able to give you, because one of my colleagues and a friend of mine during the struggle, Benny Gool, was called in by the National Prosecuting Authority, without the interference of the executive, in terms of which the National Prosecuting Authority used particular Acts to be able to ask him and subpoena him to come and explain the pictures that were taken during those scenarios.

So the role that the executive played during that period was quite important in order for us to be able to see whether they would say to the media: “Come, media, and tell us exactly what is actually happening,” or would they wait until the legal processes that have been put in place were observed.

Between the media and the NPA there was a resolution of that particular scenario in which the media and the NPA agreed that the media would be helpful by confiding in them some things they had been able to do. So there was an amicable way of resolving that particular situation without the involvement of the executive itself, without the media staying away. We say that South Africa does have its own example. In no way did South Africans, between the media and the NPA, act antagonistically in that they moved away from each other.

However, the other important thing that is taking place today, which is also contributing to what is happening, is that the United Nations has a resolution around this particular issue, but they have not been able to resolve and define who is a terrorist. For us that is a matter of concern - those that deal with security matters and those that deal with national security – the fact that the United Nations, at this particular moment, has not been able to resolve this particular matter is an indictment against the world itself as to how we define and say what is terrorism. That is important, because Parliament should commit itself to that and make sure it’s able to resolve that particular matter.

We have come to realise that it’s a very difficult matter, because dealing with terrorism versus globalisation and the type of instruments that are being used during those particular activities are points of concern. The type of attacks that take place and the type of advanced technology that is being used are issues that were raised and which we are concerned about.

However, it would have been in the interests of the United Nations to have made sure that it did assist the African countries so that the impression we have at this particular moment would be seen in the media. This is because, if you look in the papers today, none of the media has even committed itself to explaining the scenarios that say that the African countries are at a loss at the United Nations. They have not been able to see and feel what the unipolar system is going to be able to deliver around fighting terrorism, because the important thing for the United States at this particular moment is how it copes with Katrina and how it protects it’s own citizenry. And then it calls upon the world to come and assist it to combat terrorism on its own terms and in its own spaces.

The African countries have not gained in this particular summit. The causes of the African countries have not been advanced, and that is what Parliament should concern itself with. The bombings that took place in Kenya are things that we should always talk about and not only about 9/11 and forget what really happened in Kenya and Somalia.

For us, within our political agenda of trying to unify the African continent, that was one example of how we make sure that in terms of resolving and combating terrorism, the First World, or the North and the South, are able to hold hands together. But within the United Nations – within a multilateral body – it has not been possible to create that unity over this period where the UN was supposed to be acting decisively to help African countries achieve their particular goals.

Now we say it’s in the interests of the media, it’s in the interests of the African countries that such an important development is being expressed and is being contextualised so that we understand exactly where we are heading, because the gap between the poor and the rich is beginning to widen more and more. As this gap widens and when there is an impact on the safety of our own children and the safety of our people and the safety of our citizenry, it means these are matters that we should be able to take up.

That is why we say that the unity between ourselves and the media would be when we see them expressing this particular point of view. It does not have ideology. It is a simple matter that asks what has gone wrong with the United Nations.

What has gone wrong with the United States that they are not able to say: “Let’s have a common understanding of this particular development. Let’s involve the African continent in the Security Council.” This is because this particular development of terrorism is undefined, something which Kofi Annan, in his own speech he presented to the United Nations, admitted. He says: We strongly condemn terrorism in all its forms and manifestations, as it constitutes one of the most serious threats to international peace and security. We welcome the Secretary-General’s counterterrorism strategy and will consider it in the General Assembly with a view to adopting it. We affirm that the targeting and deliberate killing of civilians and noncombatants cannot be justified or legitimised by any cause or grievance.

This is what Kofi Annan put before the United Nations, and nothing is being done and nowhere does the North come to the rescue of the African countries. So whilst the African countries have shown their commitment, whilst they have shown their loyalty towards fighting terrorism, nothing has come to fruition for them.

But we say our commitment, our close working relationship with the media, our holding hands together, have been proved to happen in the history of this country after 1994. The way we resolved the Pagad issue and the close working relationship with the National Prosecuting Authority are issues that we have been able to agree upon.

What I want to say to you again, Schmidt, is that there is no way that the issue of answering questions and the issue of national security have any relevance to the matter itself. The questions have to be answered. The Ministers have agreed to do that.

But we are asking if it is a deliberate act on the part of the opposition to ask very long questions – and to ask Ministers every day to enquire and put resources aside in order to get answers to those questions. This is not an easy question - if you ask on a daily basis about child rapes, definitely no Minister would be in a position to answer from the podium or answer daily how the child rape cases have been handled.

I think that is why in that context the Minister has been saying nothing about national security, nothing that is threatening – that he is afraid that there are some things that he has to hide from you and cannot tell the opposition. He has explained this quite elaborately within the context of our own committee, within the work that we are doing together in that it’s important for him to answer questions. But let’s do this in a manner that also gives the police an opportunity to be able to do their work.

However, most of the time when we deal with issues that are related to child rape and child abuse, it does take up much of their time because it means that the whole organisation has to put time aside and make sure that they find a proper answer, because he can’t mislead Parliament. I think it’s in that context, and not really that the executive is distancing itself from contributing to the parliamentary processes.

This is because throughout, the ANC has given great respect to the role Parliament plays within society. You have really seen throughout that the executive has conducted itself in particular in that manner, or in a way that it gives support to Parliament. So there was no way that he has raised this matter as a matter he would want to move away from Parliament. I thank you. [Applause.]

Debate concluded.

CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF INTERNATIONAL PLANT PROTECTION CONVENTION

The HOUSE CHAIRPERSON (Ms C-S Botha): The acting chairperson of the Portfolio Committee on Agriculture and Land Affairs, the hon Ngaleka, will introduce the reports. [Applause.]

Ms E NGALEKA: Chairperson, hon members, ladies and gentlemen, the Portfolio Committee on Agriculture and Land Affairs agreed unanimously that South Africa should accept the new revised text of the International Plant Protection Convention of 1997.

The committee believes that South Africa will benefit enormously from participating in the IPPC if it accepts the revised text. The IPPC is a multilateral treaty for international co-operation in plant protection. The purpose of the IPPC is to secure common and effective action to prevent the spread and introduction of pests of plants and plant products, and to promote appropriate measures for their control.

It gives the right to countries to regulate the entry of plants and plant products and any other objects or materials capable of harbouring plant pests. Also, countries have the right to take emergency action on the detection of pests posing a potential threat to their territories.

The convention was adopted by the conference of the Food and Agriculture Organisation, the FAO, of the United Nations in 1951. It was revised in 1977, and again in 1997. The aim of the revision was to bring it into line with the agreement on the application of sanitary and phytosanitary measures of the World Trade Organisation. It is mainly to reflect and meet the changing needs of plant protection and international trade.

South Africa ratified the 1952 convention, and accepted the 1977 text in

1. What it needs to do now is accept the new revised text of 1997.

What are the benefits of this ratification for South Africa? The benefits that South Africa will realise by participating in the convention through accepting the new revised text include the following. South Africa will be protected from the introduction and spread of harmful pests, which is essential for food security. Also, since most major trading partners and World Trade Organisation members are contracting parties to the IPPC, it will open up trading opportunities for South Africa. In addition, it will increase the credibility of South Africa as a trading partner since South Africa and other countries trading with South Africa will have to adhere to standards set by the IPPC and this will create access to international markets for South Africa.

This convention will also provide South Africa with the opportunity to participate in and shape international standards on plant protection. South Africa will gain from the technical assistance given to countries, particularly developing countries, by the convention, which includes capacity-building and the strengthening of plant-protection infrastructure through projects.

The International Plant Protection Convention will also assist with reviewing and updating. It will provide a platform for the exchange of information as the publication and dissemination of relevant information is both an obligation and part of the co-operative action of the convention.

Yes, indeed, South Africa will be able to get assistance in dispute settlement in instances in which some of the protective measures for plants that are put in place by a trading partner are challenged as unjustified barriers to trade. Thus, this will encourage safe and fair trade.

If South Africa decides not to accept the new revised version of the IPPC, it will suffer the following disadvantages. South Africa will suffer from an inability to contribute to the largest international forum that discusses and sets norms and standards for plant protection and it will become a standard-taker instead of a standard-maker. South Africa will miss out on the opportunity to share information and to co-operate with major trading partners on issues of plant health if we don’t ratify this convention.

Therefore, it is in the interests of South Africa that we ratify this convention. Another disadvantage to South Africa if we don’t ratify the convention is that we will miss out on an opportunity to participate in safe and fair trade.

It should be noted that South Africa will not bear any financial costs by taking the decision to accept the new revised version of the IPPC. As a member of the Food and Agriculture Organisation, South Africa could join the IPPC at no additional cost.

In conclusion, based on the benefits that South Africa will enjoy if it participates in the convention and on the disadvantages it will suffer from or opportunities it will miss out on if it does not, the committee therefore recommends that South Africa accept the new revised text of the IPPC.

It is important that South Africa . . .

The DEPUTY SPEAKER: Please wrap up now, hon member.

Ms E NGALEKA: . . . participate fully in norm-setting and standard-setting for plant protection to ensure food security and to fight against the dumping of agricultural products that may be harmful to our environment and our production. I thank you. [Applause.]

There was no debate.

The DEPUTY SPEAKER: Hon members, this long day doesn’t seem to want to end, and we are very, very tired now. Hon members, I have to announce the following further changes … Oh, excuse me, I first have to establish if there are any objections to the approval of the request of the International Plant Protection Convention as it appears on the Order Paper. No objections; agreed to.

International Plant Protection Convention approved.

The DEPUTY SPEAKER: You have an objection, hon member? [Interjections.] Mr Lee, please! We are very tired. Don’t call for a division now. [Laughter.]

Mr T D LEE: I do not object to what transpired here, but to the long speech, Chair. [Laughter.]

The DEPUTY SPEAKER: Well, I have no control if Ms Botha and the speaker, Ms Ngaleka, made arrangements, because I came in here and she was speaking forever and there was nothing on the clock. [Laughter.] I didn’t know if she had 20 minutes, or five minutes, or whatever. So, if anybody is out of order, it is Ms Botha. [Laughter.]

The HOUSE CHAIRPERSON (Ms C-S Botha): Ms Botha apologises, but considering the announcement that’s coming, you can understand why I wanted to delay it. [Laughter.]

The DEPUTY SPEAKER: Oh, okay. You are so intelligent, you want me to make the announcement.

                 FURTHER CHANGES IN PARTY MEMBERSHIP


                           (Announcement)

The DEPUTY SPEAKER: I have to announce the following further changes in party membership in terms of Schedule 6A to the Constitution.

The following members have, on 15 September 2005, left the Democratic Alliance and joined the African National Congress. [Applause.] These hon members are Mr B J Mnyandu, Dr E Nkem-Abonta, Mr R S Ntuli and Mr D K Maluleke. [Applause.]

Order, hon members! Order! Further, Mr C M Morkel has, on 15 September 2005, left the Democratic Alliance to form a new party called the Progressive Independent Movement. [Applause.]

The House adjourned at 17:11. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS

National Assembly

The Speaker

1. Membership of Assembly (floor-crossing)

Membership status of the following members has in terms of Schedule 6A
of the Constitution (floor-crossing) changed, as follows:


  ▪ Mr M Diko and Ms M N Mdaka have, on 15 September 2005, left the
    United Democratic Movement (UDM) and joined the United Independent
    Front (UIF), a new party in the National Assembly.
  ▪ Mr B J Mnyandu, Mr E Nkem-Abonta, Mr R S Ntuli and Mr D K
    Maluleke have, on 15 September 2005, left the Democratic Alliance
    (DA) and joined the African National Congress (ANC).
  ▪ Mr C M Morkel has, on 15 September 2005, left the Democratic
    Alliance (DA) and joined the Progressive Independent Movement
    (PIM), a new party in the National Assembly.

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

   (a) Report and Financial Statements of the Financial and Fiscal Commission for 2004-2005, including the Report of the Auditor- General on the financial statements for 2004-2005 [RP 67-2005].

2. The Minister of Education

   (a) Report and Financial Statements of National Student Financial Aid Scheme for 2004-2005, including the Report of the Auditor- General on the Financial Statements for 2004-2005 [RP 179-2005].

3. The Minister of Environmental Affairs and Tourism (a) Proposed exclusion of Portion 89 (a portion of Portion 63) of the farm Groenkloof 358 J.R., in extent 4484m2 from the Groenkloof National Park situated in the administrative district of Pretoria, Gauteng Province, tabled in terms of section 2(3) of the National Parks Act, 1976 (Act No 57 of 1976).

4. The Minister of Public Enterprises

   (a) Report and Financial Statements of Transnet Limited for 2004- 2005, including the Report of the Independent Auditors on the Financial Statements for 2004-2005.

5. The Minister of Transport

   a) Report and Financial Statements of the South African National Roads Agency Limited for 2004-2005, including the Report of the Auditor- General on the Financial Statements and the Performance Information for 2004-2005.

   b) Report and Financial Statements of the South African Rail Commuter Corporation Limited for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 148- 2005].

   c) Report of the Regulating Committee of the Airports Company of South Africa and the Air Navigation Services Company for 2004-2005.

   d) Report and Financial Statements of the Airports Company of South Africa Limited for 2004-2005, including the Report of the Independent Auditors on the Financial Statements for 2004-2005.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

1. Report of the Joint Budget Committee on National and Provincial Expenditure for the period April to June 2005, dated 31 August 2005:

Part A: National Expenditure



Departments started the current financial year with a low expenditure
of 5% in April 2005, increasing sharply to 11.13% in May and decreasing
to 7% in June 2005.


The most notable difference between this report and the reports of  the
previous three financial years is the shift in  expenditure  trends  of
the  Departments  of  Communications   and   Foreign   Affairs.    Both
Departments  had  been  the  lowest  spenders  for  three   consecutive
financial years.  However, the trend  has  changed  in  this  financial
year.



Lowest Spending Departments as at 30 June 2005

Table 1

The Department of Provincial and Local Government was the lowest spending Department at the end of the first quarter despite the fact that it has spent three times more than its allocated capital budget already[1].

Statistics South Africa, which has been one of the lowest spenders for the preceding two financial years, was still one of the lowest spenders at the end of the first quarter.

Highest spending Departments as at 30 June 2005

Table 2

Current, transfer and capital expenditure

Departments have started out with extremely low capital expenditures. The following graph illustrates the expenditure breakdown of Departments. While Current expenditure has averaged 20% and Transfer expenditure 24.91%, capital expenditure has averaged only 9.67% of Departmental Expenditure.

Figure 1 provides a graphic illustration of the current, transfer and capital expenditure of National Departments.

Figure 1

[pic]

Departments spent an average of 6.29% of their current expenditure in April 2005, increasing to 7.16% and 7.26% in May and June respectively. Furthermore, transfer expenditure was 4.47% in April, increasing to 13.40% in May and decreasing to 7.03% in June. The Departments of Public Enterprises and Correctional Services spent 61.37% and 68.15% of their transfer budgets in April 2005, respectively. The Department of Correctional Services spent a further 72% of its transfer budget in May 2005 and has already exceeded its transfer budget.

Spending on capital payments has been very slow. In April 2005, Departments spent an average of 2.49% of their capital expenditure, increasing slightly to 3.82% in May and 3.37% in June.

Responses for expenditure trend

Statistics South Africa

Statistics South Africa has provided the following reasons for its delays in expenditure:

• The Department has R200 million budgeted for community  surveys  which
  has been delayed by technical procedures.  The  Minister  of  Finance,
  who is also the political head of Stats SA, has instructed that  Stats
  SA agree with the Statistics Council regarding the  logistics  of  the
  survey.   The two organisations have met several times to discuss  how
  the survey should be  conducted,  as  well  as  other  logistical  and
  demographic factors to be considered, but no formal agreement has been
  reached as yet.

• Most of the Department’s capital expenditure  will  be  spent  on  the
  community survey on the Community Survey Administration  System.   The
  Department, therefore, expects its capital expenditure to  improve  as
  soon as this process starts.


• The Income and Expenditure Survey, which was due to  start  in  April,
  only started on 1 August 2005.  Therefore, expenditure in this  regard
  has been delayed.

• The Department has several vacancies that  it  is  currently  filling,
  thus the low current expenditure.

Department of Public Enterprises

The Department indicated that the high expenditure on transfers was due to the restructuring of Alexander Bay Mining Corporation (ALEXCO), which is a mine that is managed by the Department. The Department gave instruction for a study to be conducted at the mine in 2004. The purpose of the study was to assess the value of ALEXCO, and to ascertain whether it’s economically favourable for the Department to keep it. The Department thus had to pay for this study in this financial year.

The Department has made a once-off payment of R12 million towards legal costs in this financial year. The Department is involved in a legal battle with the Richterveldt community for mining rights of ALEXCO. The R12 million was a once-off payment and there will not be any other legal payments in this financial year. The department expects to pay another R450 million in legal fees in the 2006/07 financial year[2].

The Department normally advances money to the Diabo trust and the Khulisa trust, which serve to subsidise the shares of communities, e.g. Telkom shares. The Department has, however, held back payments to these trusts due to the fact that the financial reports of the trust have indicated that the trusts are now self-sustainable.

Independent Complaints Directorate (ICD)

The ICD presented the following motivation for the slight overspending in terms of capital payments during the first quarter of the current financial year:

1. The building currently in use to accommodate the staff of the National Office of the ICD in Pretoria does not provide sufficiently for the increase of staff numbers, assets, equipment and information. This prompted a request to the Department of Public Works during the 2004/05 financial year to obtain alternative office space. Prescripts allow the latter Department to provide for the additional accommodation, whilst the user department is expected to incur the expenditure of such additional accommodation for the first three years of occupation. A payment of approximately R 575 000 was thus made to the Department of Public Works to defray the lease expenditure of the additional office space, for the current financial year.

2. The ICD catered for the payment of the accruals from the previous financial year during the first quarter but did not budget for the expenditure in terms of the additional accommodation.

In the past, the Department of Public Works catered for the procurement of accommodation for all departments from its budget. The Department however, experienced difficulties in coping with the increasing needs for accommodation by the various departments. In dealing with this issue, the Department introduced guidelines that departments had to follow when additional or new office accommodation was required in the 2004/05 financial year in order to manage the process more effectively. The ICD was thus compelled to incur the payment from savings created in the budget, without having budgeted for it.

1. At the onset of the current financial year, The ICD was aware of this expenditure from the beginning of the financial year and planned accordingly. The next and last payment in this regard, will be effected in the first quarter of the next financial year, which will also be a once off payment.

2. The ICD makes use of its cash flow projections and spends accordingly. In this regard, the ICD expects to remain within its budgeted allocation and will not overspend its budget. This once-off payment will only be repeated in the first quarter of next year (2006/7).

Provincial and Local Government (DPLG)

The Department confirmed that the total expenditure up to 30 June 2005 was 9,2% of the total appropriation. However, it also highlighted that it was necessary to analyse the DPLG budget in two elements.

• the operational budget  includes  transfers  to  public  entities  and
  associated institutions. This  relates  to  Programmes  1  to  5  plus
  Programme 7 of the Department. In this regard the figures are:

       Appropriation                                 R301 275 000
       Expenditure to 30 June                  R  84 958 154
       Less: Misallocation                       R  18 482 538
       Actual Expenditure                         R  66 475 616
       % Expenditure                                22,1%

The Transfers to Local Government which appear in Programme 6. In this regard the figures are:

       Appropriation                                  R15 279 502 00
       Expenditure to 30 June                   R1 325 560 085
       Plus: Misallocation                          R18 482 538
       Actual Expenditure                          R 1 344 042 623
       % Expenditure                                 8,8%

The payments to municipalities are regulated by the payment schedules provided in terms of the Division of Revenue Act. The Equitable Share is paid in four installments and the First Quarter national in the Last Quarter for municipalities. There is a process to align the payment schedules for the differing financial years and to do this, the First Quarter payment in May 2005 was at a level far below a pro rata 25%. In addition, a number of payments were delayed on instruction from the National Treasury in respect of municipalities that had not submitted financial statements for the past two years and had not provided satisfactory explanation.

The Department indicated that it was not aware of where the 200% capital expenditure was coming from as its capital expenditure figures have been derived as the actual BAS figures. These were reported to the National Treasury as follows:

       Appropriation                                 R5 790 000
       Expenditure to 30 June                   R1 395 740
       % Expenditure                                        24,1%

In addition, there are also transfers to Local Government in respect of the Municipal Infrastructure Grant, which are recorded as Capital Transfer as follows:

          Appropriation                                R5 436 161 000
          Expenditure                                  R1 027 069 323
                                  %                          Expenditure 18,9%

The Department confirmed that it has cash-flow projections and that it tries as much as it can to follow them.

Attempts to obtain clarification regarding the Department of Correctional Services were unsuccessful.

Part B: Provincial Expenditure

Provinces had spent an average of 21.94% of their budgets at the end of the first quarter of the 2005/06 financial year. The North West Province was the lowest spender, spending 17.66% of its budget. In addition, provinces spent an average on 22.79%, 21.28% and 16.57% on current, transfer and capital expenditure respectively. Figure 2 provides a graphical depiction of the breakdown in expenditure.

Table 3

Figure 2

[pic]

Recommendations

1. The Committee should invite Chairpersons of Portfolio Committees to hearings with departments, as well as work hand in hand with Portfolio Committees in monitoring departments through their cash flow projections and strategic plans.
2. The Joint Budget Committee should request clarity from departments on their cash flow projections in order to ascertain that these speak to the departments’ strategic plans.

Appendix 1: Total expenditure of National Departments as at 30 June 2005

Table 4

Appendix 2: Current Expenditure of National Departments as at 30 June 2005

Table 5

Appendix 3: Transfer expenditure of National Departments as at 30 June 2005

Table 6

Appendix 4: Capital expenditure of National Departments as at 30 June 2005

Table 7

Appendix 5: Current provincial expenditure

Table 8

Appendix 6: Transfer Provincial Expenditure

Table 9

Appendix 7: Capital Provincial Expenditure

Table 10

Sources

• Statement of National and Provincial Governments’ revenue, expenditure
  and National borrowing as at 30 April 2005; National Treasury.
• Statement of National and Provincial Governments’ revenue, expenditure
  and National borrowing as at 31 May 2005; National Treasury.
• Statement of National and Provincial Governments’ revenue, expenditure
  and National borrowing as at 30 June 2005; National Treasury.

Report to be considered.

1. Report of the Joint Budget Committee on Hearing on the spending trends in the Department of Communications, dated 31 August 2005:

Introduction

The Department of  Communications  appeared  before  the  Joint  Budget
Committee on 22 June 2005 to account for its expenditure  trends.   The
expenditure trends of the Department  of  Communications  have  been  a
cause for concern for the Joint Budget Committee for the previous three
financial years.






For  the  last  three  financial  years,  the   department   has   been
underspending tremendously, and then spending  more  that  50%  of  its
budget in the last month of the financial year.  In  both  the  2003/04
and 2004/05 financial years, the Department spent funds  in  excess  of
R700 Million in the last month of the financial year.  This resulted in
the Joint Budget Committee calling the Department to appear before  the
Committee to present an explanation for its expenditure patterns.




Presentation by the Department of Communications



In response to the  Committee’s  request  to  explain  its  expenditure
patterns, the Department indicated that in the 2004/05 financial  year,
it made a once-off allocation of R750 million to recapitalise the  post
office.  However, the Department did not provide the Committee with  an
explanation for the previous two financial years.

The Department focused attention on the following factors:

• The Department had not recorded any material under spending in the past three years. • The Department started a process of restructuring during 2004 so as to ensure that it had enough capacity to enable it to deliver on its mandate. In this regard, the Department has filled 352 posts. However, there are 188 more vacant posts. The Department further indicated that the issue of personnel is a challenge as it depends on allocations from the National Treasury. • No provision for ICT infrastructure has been made within the Department, even though this is a core function of the Department. The Department would ideally focus on improving staff and using technology to strengthen the State.

Discussions

The following issues were raised and discussed with the Department:

• The Department assured the Committee that it would avail its cash flow
  projections, which are linked to its strategic plan.   The  Department
  further informed the Committee that it has  a  shareholder  management
  unit within its finance section that monitors State Owned  Enterprises
  through  the  Public  Finance  Management  Act  (PFMA)  regarding  the
  requirements of strategic plans by entities.  These lay the  basis  of
  the public entity within the year.

• Although the strategic plan was not reviewed in the past, the National
  Treasury now requires that it be reviewed annually.  Furthermore,  the
  Department also submits  its  financial  statements  to  the  Auditor-
  General and presents to Parliament in the Annual Report.

• The Department further indicated that there has been an improvement in
  terms of reporting as compared to the past three or four  years.   The
  Department has been behind three or four years in terms of  submitting
  its financial reports to the Auditor-General, but this is improving.
• In terms of its expenditure trends, the Department indicated that it’s
  expenditure trends are affected by both internal and external sources.
   The Department therefore does not determine its  expenditure  on  its
  own.

Conclusion

The Department provided an explanation for the last financial year’s expenditure, but failed to provide explanations for the preceding two financial years. Furthermore, the focus of the Department seems to be on preventing under expenditure, and not on the quality of expenditure.

The focus of the hearing was on the expenditure planning and discipline of the Department in order to ascertain whether resources are spent in a meaningful way. However, the Department was only focused on the fact that it never reflects any material under expenditure at the end of the financial year.

Recommendations

The Joint Budget Committee needs to work with the Portfolio Committee on Communications to monitor the department in terms of its Strategic Plans. The Committees further need to follow up on the non-allocation of funds to the ICT function, which is a crucial function of the department.

The Joint Budget Committee also needs to further keep track of the monthly and quarterly expenditure patterns of the department.

Report to be considered.

National Assembly

1. Interim Report of the Portfolio Committee on Communications on the Convergence Bill [B 9 - 2005] (National Assembly-sec 75), dated 14 September 2005:

  The Portfolio Committee on Communications, having considered the
  subject of the Convergence Bill [B 9 - 2005] (National Assembly-sec
  75), referred to it and classified by the Joint Tagging Mechanism as a
  section 75 Bill, report that it has concluded its deliberations
  thereon.


The Committee further recommends the following:

 1. That the House agrees to the Committee’s postponement of the
    adoption of Convergence Bill [B 9 - 2005] pending the consideration
    of the ICASA Amendment Bill, which will be introduced to the House
    possibly next term.


2.      That, since a number of provisions of the Convergence Bill need
    to be looked at in conjunction with the coming ICASA Amendment
    Bill, and that the Committee be allowed to adopt the ICASA
    Amendment Bill before the Convergence Bill.

1. Report of the Portfolio Committee on Justice and Constitutional Development on the Determination of the Magistrates Commission to withhold the Remuneration of Mr H W Moldenhauer, Former Chief Magistrate, Pretoria, whilst he was Provisionally Suspended from Office, dated 14 September 2005:

   The Portfolio Committee on Justice and Constitutional Development, having considered the report on the determination by the Magistrates Commission to withhold Mr H W Moldenhauer’s remuneration, tabled by the Minister for Justice and Constitutional Development in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90 of 1993) reports as follows:

 1. The Portfolio Committee noted that on 10 March 2003 the Magistrates
    Commission provisionally suspended Mr Moldenhauer  from  office  in
    terms of section 13(3)(a) of the Magistrates Act, 1993. Section  13
    (subsection (3)(a) in particular) has since,  with  effect  from  1
    November 2003, been amended to  the  effect  that  the  Magistrates
    Commission is no longer in a position to  provisionally  suspend  a
    magistrate  from  office.  Since  1  November  2003  the  power  to
    provisionally suspend a magistrate from office  is  vested  in  the
    Minister for Justice and Constitutional Development. The  power  is
    exercised on the advice  of  the  Magistrates  Commission.  Section
    13(3)(a) of the Act, as it was at  the  time  of  Mr  Moldenhauer’s
    provisional suspension is therefore no longer in operation.


 2.  The  Portfolio  Committee  further  noted  that  the   Magistrates
    Commission,  on  3  March   2005,   determined   to   withhold   Mr
    Moldenhauer’s remuneration in terms of section 13(4A) of  the  Act.
    However, in terms of section 13(4A)(a) of the Act,  the  Commission
    is only in a position to make such a determination in respect of  a
    Magistrate who is under provisional suspension in terms of  section
    13(3)(a) of the Act, i.e a provisional suspension effected  by  the
    Minister.  Since Mr Moldenhauer was provisionally suspended by  the
    Commission in terms of a former process,  the  Commission,  in  the
    Committee’s  view,  could  not  have  determined  to  withhold  his
    remuneration in terms of section 13(4A) of the Act.

 3. Alternatively, if it is argued that the reference in section 13(4A)
    to section (3)(a) of the Act, should be interpreted  to  include  a
    Magistrate suspended in terms of section 13(3)(a) of the Act, prior
    to its amendment, as the Commission apparently did when taking  its
    decision in terms of section 13(4A)  of  the  Act,  Mr  Moldenhauer
    should also have been entitled to the benefit of the provisions  of
    section 13(3)(e) of the Act, which was introduced into the  Act  by
    the Amendment affected by Parliament in  November  2003  and  which
    provides as follows:

       “The  provisional  suspension  of  a  magistrate  in  terms   of
       paragraph (a)  lapses  after  60  days  from  the  date  of  the
       suspension, unless the Commission, within that period, commences
       its inquiry into the allegation in question by causing a written
       notice containing the allegation concerned to be served  on  the
       magistrate.”

    Consequently, Mr Moldenhauer’s  provisional  suspension  which  was
    effected on 10 March 2003 should have automatically lapsed after 60
    days, i.e during  June  2003.  The  inquiry  in  terms  of  section
    13(3)(e) only commenced on 7 April 2005, more than two years later.
    In such a case the Magistrates Commission could not have determined
    to  withhold  Mr  Moldenhauer’s  salary  during  March  2005  since
    technically he would have not been under suspension at the time.

 4. In terms of section 13(4A)(c) of the  Magistrates  Act,  Parliament
    must, as soon as is reasonably possible, consider the report tabled
    by the Minister and pass a resolution as  to  whether  or  not  the
    determination made by  the  Magistrates  Commission  is  confirmed,
    either with or without  amendment,  or  set  aside.  The  Portfolio
    Committee is of the opinion that  the  Commission  could  not  have
    taken the decision in terms of section 13(4A)(a)  of  the  Act  and
    accordingly recommends that the House resolves  to  set  aside  the
    determination  by  the  Magistrates  Commission  to   withhold   Mr
    Moldenhauer’s remuneration.


Report to be considered.

1. Report of the Portfolio Committee on Labour on the Annual Report of the Commission on Employment Equity for 2003/04, dated 13 September 2005:

The Portfolio Committee on Labour, having considered the Annual Report
of the Commission on Employment Equity (the Commission) for 2003/04 on
31 May and 1 June 2005, reports as follows:

A. Objectives

1. To receive a briefing on the 2003/04 annual report of the Commission on Employment Equity.

2. To monitor progress and establish problems relating to the implementation of the Employment Equity Act (Act No 55 of 1998).

3. To determine the level of compliance and non-compliance by designated employers. The Committee agreed that a report would be compiled and tabled in Parliament after all the information had been collated and analysed.

   1 Background

   The Commission was established in terms of the Employment Equity Act,

   1. Its functions include advising the Minister on the codes of good practice, regulations, policy and other matters concerning the Act.

   The Department of Labour (DOL) made a presentation on the 2003/04 annual report of Commission as the its term had already expired, and the DOL was the a process of appointing a new Commission.

   The Commission on Gender Equality (CGE), the Black Management Forum (BMF), Disabled People of South Africa (DPSA), and Business Unity of South Africa (BUSA) also made submissions on the Annual Report.

C. Presentation on the Annual Report

The Report reflected the highlights of the key achievements from
October 2003 to September 2004, the distribution of the workforce in SA
in terms of race and gender, employment equity trends depicted in
employer reports received in 2001and 2003, and concluding observations.




The highlights of the Commission’s achievements included the following:


 • The development of the Technical Assistance Guidelines (TAGs) on the
   employment of people with disabilities.
 • The development of the Code of Good Practice on the integration of
   employment equity into human resource policies and practices.
 • The workplace site visits conducted within the public and private
   sectors.
 • The development of the employment equity Award System.


The TAGs on the employment of people with disabilities were meant to
guide, educate and inform role players about the entitlement to fair
treatment of people with disabilities.


The workplace site visits were aimed at determining progress made by
employers in implementing the Act, gathering information on substantive
compliance at workplace level.  The report reflected that reports
submitted to the DOL did not provide a full picture of the progress
made by employers in implementing their employment equity Plans.



General observations



 • Some employers struggled to distinguish between social
   responsibility and employment equity.
 • Few employers were concerned about difficulties with the reporting
   forms.
 • Employers seemed not to link skills development with employment
   equity.
 • Some employers were concerned about the difficulties with the
   reporting system.
 • There was an insufficient link between employment equity and sub-
   contracting
 • Employers appeared to see a crucial link between diversity and
   employment equity.



Observations on race



 • Blacks were mainly in middle and lower management positions.


 • Some employers had a narrow understanding of Affirmative Action
   (AA), especially regarding the intersection of race, gender and
   disability.
 • Some private companies were struggling to recruit and retain Blacks,
   especially African women.


  Observations on gender


 • Males still predominantly occupied senior and top management
   positions.
 • Only three percent of women were accounted for in the mining sector.
 • Some employers provided an affirming environment for women in terms
   of reasonable accommodation for example, flexi-time and  childcare
   facilities and laptops to enable mothers to work from home.


  Observations on Disability


 • Employers showed a limited understanding about disabilility.


 • A number of employers seemed to think that providing reasonable
   accommodation for people with disabilities would pose a serious
   financial burden.  As a result most employers appeared to be
   uninformed about strategies to manage disability in the workplace.


  Observations on HIV/AIDS
 • Except for one employer, employers reported on programmes relating
   to the management of HIV/AIDS in the workplace.


   There was a concern that surveillance testing was not anonymous at
   some workplaces.  In some companies HIV/AIDS testing was done
   without the written consent of employees, and under the pretence of
   conducting a routine check-up.


   The presentation included an analysis of employer reports received
   in 2003 which covered the information on work profiles, the status
   of people with disabilities, workforce movement, and employment
   equity trends for 2001and 2003.


   The concluding observations were as follows:


 • Although some employers were not pulling their weight to achieve
   employment equity, others were doing their best to achieve the
   objectives of the Act.
 • Limited progresss was achieved in increasing the representation of
   designated groups at all middle and upper occupational levels and in
   some historically exclusive categories.
 • Slow progress was made in the advancement of women in general,
   African women in particular.


The lack of consultation was prevalent in both public and private
levels.  Trade unions were not insisting that the consultation process
be taken forward.  It was suggested that the issue of consultation
should be strengthened through advocacy work both at private and public
levels.  Employers and trade unions should ensure that this process is
driven seriously, and that progress reports were signed by the
respective parties.
The Committee raised concerns around the following:


(1) Implementation matters


  The Committee noted that the implementing of employment equity was
slow and the general state of non-compliance by some employers.  Some
designated employers failed to submit their employment equity reports
in compliance with the requirements of the Act.  Although there were
weaknesses identified in the regulations, nothing was done to rectify
the situation.  Some employers did not distinguish between social
responsibility and employment equity.  There was insufficient link
between employment equity and sub-contracting.  Employer reports
submitted to the DOL did not provide the full picture of the progress
made by employers in implementing their employment equity plans.


  There was lack of consultation between employers and employees,
especially at government levels.  The analysis of the workforce
movement reflected a decline in the employment of Coloured people and
Africans in middle management.  However, progress in the advancement of
women remained slow.  The low level of input from organized labour into
employment equity processes remained a problem.

(2) Awareness, advocacy and training

  The Committee was concerned about whether information on employment
equity was reaching people in rural areas, youth and the unemployed.
It noted that 0there was ignorance of the Code of Good Practice and
TAGs relating to the employment of people with disabilities at the
workplace.


The Committee was concerned that most employers perceived learnerships
as a burden.  However, there was a need to look at alternatives to deal
with the administrative burden that learnerships put on companies.  The
establishment of an agency that would administer learnerships by
companies should be considered.
  In relation to DOL’s intervention on SMMEs, levy paying SMMEs
received a free training and grants from SETAs.  Others participated in
employment and skills development agencies that were established by the
DOL.  The SMMEs that did not pay levies received training funded under
the National Skills Fund.  The DOL was engaged in discussions with
Treasury on the proposed amendments to the Skills Levies Act to
increase the threshold of SMMEs levy exemption from R 250 000 to R 500
000.


(3)     Enforcement


  The Committee noted that although there was a legal instrument to
enforce procedural compliance, there was no enabling legal instrument
to enforce substantive compliance.  The Director-General(DG) review
system and the award system would serve as tool to enforce substantive
compliance in a manner that was legally binding.


  There was a concern around the lack of a pro-active approach to
enforce employment equity and non-discrimination and around the
inability of the CCMA to stem the practice of covert discrimination at
work.  It was proposed that the Committee consider conducting a
workshop with the CCMA on employment equity.  A concern was also raised
about the lack of a yardstick for evaluating employment equity targets.

(4) Capacity and legislative links

  The lack of capacity by the inspectorate to interpret and enforce the
legal requirements of the Act was raised as a concern.  The DOL had
appointed a roving team of national specialists, comprising of four top
inspectors in each province and capacitated to facilitate a deeper
interpretation and enforcement of the Act. The DOL had identified
administrative officers at levels seven and eight to be trained to
conduct employment equity inspections.


  There was a concern about whether there were programmes in place to
empower women in management positions.  The Committee noted that in
most cases gender focal persons were often given added
responsibilities. As a way of encouraging young girls, the Committee
expressed support for initiatives such as ‘taking a girl child to
work’.

(5) Matters pertaining to the Commission and its Annual Report

  Only employers with 150 or more employees submitted employment equity
reports in 2003.  The Report did cover information per sectors.  A
proposal was made that the Report should in future contain more detail
on the various sectors.  The DOL agreed to look at sector-related
issues both in government and business.


  The Committee was concerned that the Report did not reflect the issue
of youth and employment equity.  However, the 2005-2010 National Skills
Development Strategy highlights the component that addresses youth at
higher learning institutions


  The Committee was also concerned at the declining number of Coloureds
and the rate of dismissal of Blacks.

(6) Employment Equity Awards system

  The development of an employment equity awards system is meant to
recognise employers who excel in developing and implementing strategies
to eliminate unfair discrimination and promote equal opportunities,
diversity and fair treatment in employment.  The award system will be
implemented at an appropriate time when sufficient progress is achieved
in the implementation of employment equity.  This would be determined
by the second Commission in consultation with the Minister.


The Committee was concerned about whether the legislation was tight
enough in terms of enforcement, especially in relation to awards being
an incentive to compliance with legislation.  The Director-General
review system will serve as a tool to enforce substantive compliance in
a manner that is legally binding.

(7) Review of employment equity regulations

  The DOL acknowledged that there were specific areas in the
regulations that will have to be addressed.  This was part of the
identified problems experienced by the employers in the implementation
of the legislation.  The amendments to the regulations would help to
improve data collection and strengthen the capacity to enforce the Act.

(8) Wider social developments

Part of the deliberations brought to light certain developments in
wider society that impinged on the implementation of the Employment
Equity Act. These included the Black Economic Empowerment initiative.
The focus was on the way in which the BEE codes could contribute to
empowerment, employment equity, transformation and economic growth.
Submissions

(1) Black Management Forum (BMF)

The BMF was concerned that in the 10 years that the Commission had
released its recommendations, corporate South Africa was still nowhere
near targets for Affirmative Action (AA) that were suggested by the
Affirmative Action Blueprint.  The employment equity debate had since
shifted, and therefore there was need for a review of what employment
equity entails and how it fits into the Broad-Based Black Economic
Empowerment (BBBEE) scorecard.


All companies in the respective sectors need to meet the BEE Charters
that are set for employment equity.  Due to the significance of the BEE
scorecard and related BEE codes for tenders and big private sector
contracts, most employers were more concerned about the Charter
requirements for employment equity than their own employment equity
plans.  The BMF appealed to the Committee to investigate ways in which
the BEE process could be used to stimulate and re-ignite the employment
equity process and targets.


The following proposals were made:


 • A review of the overlap of mandates of the institutions that enforce
   Section 9 of the Bill of Rights.  These include the Commission,
   Commission on Gender Equality, the Office on the Status of Women and
   Disabled Persons and other related institutions.


 • A renewed campaign and drive to enforce employment equity compliance
   under the supervision of the DOL.  This should be a partnership
   initiative between the DOL, organised labour, Black business and
   interest group organisations.  These bodies should work together to
   identify and eliminate all instances of unfair discrimination in
   South Africa whilst enforcing compliance with the Act.  A 24-month
   campaign with various roles for different stakeholders is
   recommended.

• There should be a link between the new BEE enforcement mechanisms of the Department of Trade and Industry and the employment equity inspectorate.

• The use of Accredited Rating Agencies to conduct inspections will alleviate the capacity problem of the DOL in terms of the quantity and quality of its inspectorate.

• The DOL should review Section 10 of the Act . This would entail the establishment of a common approach between the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) and the Act.

• The Committee and the DOL should engage in the BEE process to ensure that the new BEE Charters, their employment equity targets as well as BEE Codes are aligned and advancing employment equity.

• The DOL should set up a commission of enquiry into racism and other forms of unfair discrimination in South Africa. The DOL should be given a one-year mandate to review incidents and cases of racial discrimination in the workplace.

• The proposed commission of enquiry should collect valid and reliable statistics on the demographic profile in all the major sectors of the economy.

The Committee emphasized the importance of revisiting the unpacking of
employment equity and affirmative action policies, and recommendations
put forward by the BMF.


2) Commission on Gender Equality


The submission by the CGE included the findings of the research
conducted by CGE in 2003 on gender and private sector, the census on
South African Women in Corporate Leadership which was commissioned by
the Business Women’s Association of SA (BWASA) in 2004.


The CGE in collaboration with the Commission conducted a pilot study on
employment equity at workplace. Twenty companies were selected from a
range of sectors, some traditionally male dominated and others female
dominated.  A detailed final report will be made available to the
Committee as soon as it is finalised.


The Committee noted that the issue of casualisation required much
attention.  Women are often the most vulnerable and most affected by
casualisation.  According to the DOL, casualisation and other atypical
forms of employment are currently at NEDLAC.  The CGE recommended that
employment equity forms should be amended to reflect details of non-
permanent employees.


The employment equity reporting procedures are largely quantitative.
It was proposed that the reporting procedures include any aspect of
gender-mainstreaming, if they have been achieved.


The BEE initiative seems to benefit Black middle-class men,
marginalising women.  The CGE is of the view that if it is meant to be
broad-based, a gendered analysis of women’s lives should take place.
There was a concern that in most cases women in BEE ventures were used
for fronting.  It was suggested that the DOL introduce a “stick” for
companies to enforce gender equality.


In relation to programmes that inform women in rural areas, workshops
were conducted on issues relating to gender-based violence, employment
equity and HIV/AIDS.  A total of 25 workshops were conducted in each
province.
The Committee noted that the Gender Policy Framework was not
implemented in South Africa, and that there was a limited awareness or
no knowledge of such policy, even within government itself.


No follow-ups were done on what companies reported, especially
regarding their employment equity plans.  It was proposed that
companies be made accountable and more committed to their plans.


The construction industry was identified as still being male- dominated
with a high concentration by White males.


To enhance compliance with the Act, the DOL should issue frequent
awards of excellence and provide incentives to companies who have
successfully implemented employment equity in order to encourage other
companies to follow suit.


The Committee noted that sexual harrasment was still a challenge at the
workplace.  There were a number of cases that had been brought to the
attention of the CGE.

(3) Disabled People of South Africa

According to the analysed employment equity reports received in 2003,
people with disabilities constituted 1.35% of the workforce.  The
government set a 2% target for the employment of people with
disabilities for the public service to be reached by 2005.  Indications
suggest that very little was being done achieve the 2%target.  The
challenge is for the public service to increase the momentum to reach
the 2% target by 2005.


One of the challenges identified was to establish a link between skills
development and employment equity on disability at workplace level. The
link between skills development and employment equity for the
intergration of disabled people is not visible.


To address some of the challenges, the DOL was in a process of
translating all codes of good practice and technical assistance
guidelines into all official languages.  The DOL will assist the DPSA
in preparing and facilitating training workshops for National and
Provincial Departments on TAGs on the employment of people with
disabilities and the integration of disability into preparing,
implementing and monitoring of employment equity plans.


It was noted that insufficient progress was made by employers with
respect to disabled people.  The DOL should introduce vigilant
enforcement strategies for employers to comply and implement a
sustained, aggressive advocacy strategy that would focus on the
employment of people with disabilities.


The Committee was concerned that no racial distinction was made in
relation to people with disabilities during the crafting of the
legislation.


A concern was raised about the negative perception from certain
employers about people with disabilities, and the fact that most
employers claimed not to understand the definition of “disabled
persons”.  The conditions under which disabled people worked were
expected to be the same as those of people who were not disabled.  It
was suggested that the government launch a campaign which would set
time frames for departments to provide jobs to disabled people.  The
latter should be encouraged to register with the DOL.   The Committee
noted the non-reliability of data on disabled people.  It was suggested
that the Commission engage with Statistics SA on how best to improve
the research methodology.


With respect to the reinforcement of training, the Committee suggested
that the DPSA consider partnership with the Department of Public
Service and Administration for training on codes of good practice in
the public service.  Members of Parliament could do advocacy in their
constituencies on the code of good practice on disability.


DPSA affirmed its commitment to work with government in looking at
innovative ways in which the challenges raised could be met.

(4) Business Unity of South Africa

BUSA noted with concern the declining numbers of Black middle
management, and the codes that were not released collectively.  It was
proposed that the reporting requirements for the Act, Skills
Development Act and codes be similar.  BUSA affirmed its commitment to
address the challenge raised around the disabled people and was
concerned that transformation was moving at a slow pace.


BUSA welcomed the government’s position that small business should
voluntarily submit employment equity plans.


The Committee also received a presentation on the case study by
Woolworths.  The project started in 2003 and included 101 hearing
impaired and deaf employees in 16 stores.   Woolworths viewed this as
adding value to business and that hearing impaired and deaf people
could play a meaningful role in society.  Recommendations

(1) The Commission should be resourced and capacitated.

(2) The DOL should conduct effective inspections at companies for the latter to comply with the law.

(3) The DOL should more effectively publicise companies that comply with employment equity requirements.

(4) The Committee should engage with the DOL to revisit the recommendations made by the stakeholders during the consideration of the annual report of the Commission.

(5) The Committee should monitor companies that submit their employment equity reports after the closing date.

(6) The DOL should brief the Committee after the submission of employment reports has been completed.

7) Interaction between the Commission and DOL should be enhanced.

1. Report of the Portfolio Committee on Labour on visit to Natref, dated 13 September 2005:

   The Portfolio Committee on Labour, having visited the Natref refinery on 4 February 2005, reports as follows:

   A. Introduction

    The Committee agreed in principle to visit the Sasol Natref
    gas/oil refinery in Sasolburg with a view to conduct a fact-
    finding mission into the accident which occurred on 26 January
    2005, and through which 17 people were injured.
   
   
   
    On 3 February 2005, the Committee received a preliminary
    briefing from the Department of Labour (DOL) on the incident. On
    4 February 2005 in Sasolburg the Committee met with the
    management from Sasol and Natref, representatives from the South
    African Chemical and Allied Workers Union (SACWU), Solidarity
    Union (SU) and Chemical, Energy, Paper, Print, Wood and Allied
    Workers Union (CEPPWAWU), contractor representatives, health and
    safety representatives and affected workers. The Committee also
    conducted a site visit of the plant, including the section that
    was affected by the explosion.
   
    The objectives of the visit were, firstly, to monitor compliance
    with the Occupational Health and Safety Act and, secondly, to
    meet with stakeholders at the Sasol Natref plant to discuss the
    incident that occurred on 26 January 2005.
   
   
    Whilst the intention of the Committee was to conduct an
    oversight on occupational health and safety matters, time
    constraints made it impossible to complete its oversight at
    Sasol.  Other plants will still have to be visited.
   

   B. Structure of the report

    The report consists of the preliminary briefing which the
    Committee received from the DOL on 3 February 2005; interaction
    with Sasol and Natref management and other stakeholders in
    Sasolburg on 4 February 2005, as well follow–up meetings with
    Sasol management, labour representatives and the DOL on 15 and
    22 February 2005 respectively.
   
   
   
   
   
   
    The delegation comprised Ms OR Kasienyane (Chairperson) (ANC),
    Mr O Mogale (ANC), Ms LN Moss (ANC), Mr SA Mshudulu (ANC), Mr
    MJG Mzondeki (ANC), Mr SM Rasmeni (ANC), Mr RK Henderson (DA),
    Mr CM Lowe (DA), and Prince NE Zulu (IFP). Ms P Jayiya,
    Committee Secretary, accompanied the delegation.
   
   
   
    As a sequel to the visit to Natref, the Committee met in
    Parliament on 15 and 22 February 2005 with the labour
    representatives from SACWU and Solidarity Union (SU), and the
    management from Sasol and the DOL respectively.
   

   C. Summary of proceedings

     1.   3 February 2005
   
   
       The Committee met with the Acting Deputy Director-General:
       Service Delivery, DOL, and members from the Free State
       provincial office:
       The report tabled by the DOL indicated that the incident
       occurred when the plant was in shutdown mode for routine
       maintenance. It appeared that a gas leak caused the
       explosion. Although the incident occurred on 26 February
       2005, departmental inspectors were able to get there on 27
       February 2005 because they could not get access to the plant
       as the gas was still leaking.
   
   
       The findings of the preliminary investigations suggested that
       a mechanical failure of a pump seal was suspected. Seventeen
       people received medical attention for gas inhalation and were
       later discharged from hospital. One stayed in hospital longer
       as a result of the history of psychiatric problems. The final
       report would be available once the autopsy report was
       finalised.
   
   
       Discussion
   
   
       The identification of high-risk areas was done through blitz
       inspections. As a result of these blitz inspections, the DOL
       was able to identify industries that contributed to about 47%
       of incidents. The manufacturing industry was identified as
       one of those industries. For 2005/06, the DOL planned blitz
       inspections that would focus on identified sectors and come
       up with the relevant intervention strategy. The provincial
       management had been advised to build relationships with
       people on the ground, as well as forge linkages between
       inspectors and provincial constituency offices.
   
   
       The Committee made an appeal that it be informed about
       intended blitz inspections so that it could observe those
       inspections.
       Employers were obliged to notify the DOL within 14 days from
       the date on which an incident occurred. In the case of
       Natref, the DOL did not receive any information in terms of
       incidents, except for one that occurred in 2003. However, the
       DOL was in the process of prosecuting Natref as a result of a
       number of incidents that occurred there. The withholding of
       information by companies remained a problem.
   
   
       Most of the delays between the time an incident happens, the
       investigation and obtaining autopsy reports, were as a result
       of a shortage of experts. The DOL has put together a proposal
       that will focus on a training programme that is meant to
       empower people on the ground to enforce the law. An agreement
       was reached with the University of Cape Town to train
       inspectors, health and safety representatives, and shop
       stewards.
   
   
       The DOL does tap into government expertise. The integration
       of health and safety within the Departments of Labour, of
       Health and of Minerals and Energy will assist in tapping such
       expertise. The DOL was concerned at the low levels at which
       inspectors are paid. As a result the DOL was losing most of
       its inspectors to the private sector.
   
   
       The Committee registered its concern over the issue of
       subcontractors, the enforcement of the law over
       subcontractors, and the high number of temporary workers.
       Some companies seemed to neglect safety conditions specified
       in legislation.
   
   
       The Committee was concerned about the adequacy of training
       given to health and safety committees, whether there were any
       weaknesses in the legislation dealing with inspections, and
       whether the DOL had adequate resources to provide more
       inspectors at Sasol.
   
   
   
    2.    4 February 2005
   
   
   
          a.    Briefing by Natref management
   
   
          The incident of 26 January 2005 happened at the alkyalation
          unit. The latter produces high-octane petrol from butane
          butyelene using hydrofluoric acid. The plant personnel
          noticed a gas leak and the alarm was raised immediately.
          However, the leaking gas ignited and resulted in a fire. A
          site emergency plan was then initiated. A preliminary
          investigation, which included worker representatives and
          experts, was conducted on 28 January 2005.
   
   
   
           Discussion
   
   
   
          The company takes responsibility for contractors on site.
          International experts were involved as a means of improving
          the existing practices at Sasol, as well as learning the
          latest safety trends.
   
   
          Sasol, together with other industries, was looking at a
          uniform safety training model that contractors should
          undergo. All employees at Sasol, including cleaners,
          undergo full safety induction through a fixed formal
          training programme.
   
   
          Employees and their families were taken care of through
          wellness programmes and insurance policies. However, the
          unions were concerned about shortcomings in the
          legislation, especially after the death of the breadwinner.
   
   
          Although training on health and safety was provided, more
          emphasis should be placed on training in respect of
          inspections. Intensive training should be given to workers
          in operation and production units. Each employee should
          receive the same training on how to deal with specific
          situations.
   
   
          The shop stewards expressed differing views on training
          provided on health and safety. Some felt that the training
          they received was adequate, and that it was more a question
          of whether people took training seriously. Others felt that
          the training provided was inadequate, and that one day was
          not enough considering the complicated industry in which
          they operated.
   
   
       b. Input by labour representatives
   
   
   
       1. SACWU
   
   
   
       The union acknowledged that, in relation to the initiatives
       on the use of international expertise, it was given an
       opportunity to put forward what it believed could improve the
       situation. On the issue of training, SACWU felt that there
       was a need to integrate safety with any other training
       offered by the company. SACWU viewed the issue of contractors
       as a grey area. The DOL should check whether training given
       to safety representatives was done in accordance with the
       relevant legislation.
   
   
       2. Solidarity Union
   
   
   
       SU raised concerns around contract management, restructuring
       and retrenchments, practices of multi-skilling and labour
       brokers. Restructuring resulted in a shortage of labour and
       an increased workload. In relation to occupational health and
       safety matters, the industry operated in isolation. The
       visibility of inspections in the chemical industry should be
       enhanced. SU was concerned that there was no clear
       communication by management. In most cases management
       determined what should happen.
   
   
   
   
       SU proposed that the company should establish a disciplinary
       procedure on any disciplinary action that related to safety.
   
   
   
   
    c.    Interaction with affected workers
   
   
   
   
       The Committee received testimonies from two workers who were
       victims of the incident at Natref. One mentioned that the
       fire caught him while he was still informing other people
       about it. The other victim had developed bleeding since the
       accident happened.
   
   
   
    3.    15 February 2005
   
   
   
      Presentations by Solidarity Union and SACWU
   
   
   
   
       a. Solidarity Union
   
   
   
   
       SU based its presentation on the gas-related incidents in the
       chemical industry, more importantly on the six Sasol disaster
       explosions that occurred between May 2004 and 29 January
       2005. SU registered its concern around the contractor
       maintenance involvement and chemical plant system problems.
   
   
   
   
    However, SU also raised concerns around the following:
   
   
   
   
     1) Unskilled contracted employees who work in a highly
        specialised complex environment without the relevant
        training, and contractors who are involved in shutdown
        maintenance procedures.
    2) The attitude of management towards incidents, accidents and
       fatalities.
     3) General non-transparency from management regarding the
        investigation of incidents.
     4) Unnecessary lengthy periods of investigating incidents,
        accidents and fatalities.
     5) Compensation and insufficient assistance to affected
        employees and their families.
    6) Ageing chemical plants and equipment.
     7) The continuous drive for production and profit, while
        compromising safety in the workplace.
     8) The continuous reduction of personnel, and the supervisory
        shortfall of contractors due to skills lost and the
        reduction of personnel. 9) Non–compliance with safety standards by various parties.
   
   
        SU indicated that they have had severe conflict with Sasol
        management due to recent incidents at the Secunda plant.
        They initially experienced difficulty in participating in
        the internal inquiries until the Natref incident, wherein
        the management physically took them to the section where the
        accident occurred, and the conflict was resolved on the
        spot. SU believed that the cost of an employee’s life should
        not be measured in relation to the proportional amount an
        employer pays to the Compensation Commissioner. There is a
        need to implement an effective specialist shutdown
        maintenance procedure and a change of mindset to prevent
        fatalities in the industry.
   

   Proposals by SU

     1) The appointment of safety representatives should be based on
        mutual consent between management and organised labour.
        Currently, it is solely a management decision.
     2) Transparency relating to health and safety must be
        continuous.
     3) Specialist contractor maintenance teams should be assembled
        on a permanent basis to conduct continuous maintenance at
        various plants.
     4) There should be an improvement in the after–care of
        relatives of the deceased, and of injured employees
        themselves.
     5) The Compensation for Occupational Injuries and Diseases Act
        should be amended so that it becomes a costly factor for an
        employer to have injuries or fatalities occur at the
        workplace.
     6) Safety disciplinary procedures should be separated from
        ordinary disciplinary procedures. However, disciplinary
        steps for safety measures should not be viewed as
        punishment.
     7) For the purposes of transparency, forensic pathological
        reports should be made available to all parties concerned.
     8) CHIETA should be involved in the funding and implementation
        of safety training programmes for shop stewards. All
        training modules should contain safety training focus
        points.
     9) Employees should be encouraged to act proactively so as to
        prevent further incidents, accidents and fatalities.
    10) An in–depth research programme on occupational health and
        safety with constructive intervention outcomes should be
        launched.
    11) There should be a balance between health and safety, and
        maintenance and production.
    12) Safety in the workplace should involve a positive mindset
        change in the workplace.
   
   
    b.    SACWU
   
   
   
   
    The presentation by SACWU was around the following:
   
     1) The use of contractors.
     2) Safety, health and environmental policies at Sasol.
     3) The implementation of safety standards by contractors, Sasol
        plants and shutdown schedules.
     4) The occupational health and safety and compensation
        legislation. Some contractors do not observe the Basic
        Conditions of Employment Act. This results in workers
        working day and night without the required rest periods
        required by law. When the union advises employees of their
        rights to ensure that they report non-adherence to safety
        standards, they are often afraid of dismissal.
   
   
    Recommendations by SACWU
   
   
     1) The code of good practice signed by contractors needs
        monitoring and evaluation by Sasol.
   
   
   
   
     2) To ensure adherence by contractors to safety standards that
        may lead to the cancellation of contracts, penalty clauses
        should be part of the contracts.
     3) The company should not give contracts to subcontractors who
        have no capacity to observe, implement and evaluate safety
        policies.
     4) The safety audit on compliance with safety standards should
        include all contractors on site.
     5) Independent experts should supplement the training of health
        and safety representatives.
     6) The DOL should do some work in empowering its inspectorate.
     7) Instead of importing expertise from abroad, funds from the
        National Skills Fund should be utilised to train young
        people on skilled labour.
     8) Companies who hire pensioned employees should keep them for
        a specific period with a view to transfer skills to young
        people.
   
   
        SACWU raised its concern around the delays in the arrival of
        DOL inspectors during the recent incident at Natref. The
        union is also concerned that some of the experts who leave
        Sasol register as subcontractors.
   
   
    Discussion
   
   
        The Committee commended SU and SACWU for their
        presentations. It noted the lack of transparency that
        existed at Sasol between management and the unions. It
        agreed that the issue of capacity in the inspectorate would
        be raised with the DOL.
   
   
    The Committee sought clarity around the following:
   
   
     1) The monitoring of contractors.
     2) The workplace structures.
     3) Non–compliance in terms of overtime.
     4) The trend of losing skills.
     5) The specialist contract and maintenance teams.
     6) The lifespan of machines.
     7) The issue of labour brokers.
   
   
    Responses
   
   
     1) The chemical industry has “safety watchers” who are supposed
        to observe the comprehension process from the initiation
        stage to completion. However, monitoring of contractors is
        the responsibility of the supervisory line management and
        the safety watchers.
     2) The Occupational Health and Safety Act makes provision for
        workplace forums. This is viewed as a constructive avenue to
        follow and a correct vehicle to drive an awareness campaign
        on health and safety in the workplace.
     3) Usually when a company plans a structured maintenance
        programme, unions are requested to sign an agreement to work
        irregular hours. Some unions do not have a problem with that
        arrangement as this programme is usually scheduled for a
        relatively short time.
     4) Some people leave the industry due to restructuring and
        retrenchments. Some, who are qualified and highly skilled,
        join plants where they can add value.
     5) The union will engage with the management so as to get the
        correct people to form a specialised team to do effective,
        safe maintenance.
     6) The Du Pont team will come up with specific findings on the
        issue of the ageing machinery.
     7) Unions have no problem granting permission to extend the
        working hours, but they are concerned about its abuse. They
        suggested that there should be a harsh penalty either for
        full–time employees or contractors who abuse the system.
     8) It came to the unions’ attention that some of the labour
        brokers are former employees of Sasol. It is a known fact
        that these people utilised their skills to provide a service
        to the chemical industry as contractors.
   4.      22 February 2005
   
   
    a. Presentation by Sasol
   
   
       The presentation by Sasol was based on the following:
   
   
                (1)   The corporate position on safety, health and
                    environment.
                (2)   The safety situation at Natref.
                (3)   Human resource issues.
                (4)   Corporate social investments.
   
   
   Discussion
   
   
        In respect of corrective action, Sasol has systematically
        introduced improved safety, health and environmental
        standards, and systems and tools over the past years. Some
        of these include the ISO 14001, ISO 9002, quantitative
        targets for the reduction of injuries, fires, explosions and
        releases, responsible care, behavioural-based safety and
        many more. South African plants have been rated high in
        terms of the National Occupational Safety Association (NOSA)
        system. In March 2005, Sasol 1 reached the unique milestone
        of having received 30 NOSCAR awards.
   
   
        As part of Sasol’s culture of continuous improvement, best
        practices from around the world are sought. Sasol benchmarks
        both its performance and systems regularly to ensure that it
        keeps up with global best practice. Sasol is unhappy with
        the recent fatalities and has introduced both internal and
        external reviewers to identify areas for improvement. The
        appointed external reviewers is DuPont, who is expected to
        submit its report in April 2005.
   
   
        In respect of the speed by which investigations are done,
        Sasol endeavors to investigate incidents as soon as they
        occur. In most cases, incidents are investigated before the
        seven-day period prescribed by the General Administrative
        Regulations to the Occupational Health and Safety Act of
        1993, has expired.
   
   
        However, the situation is somewhat different with the
        statutory enquiry that follows some of these investigations.
        These enquiries are similar to court cases. Postponements
        and subsequent delays are inevitable as dates must be
        suitable to all the parties involved.
   
   
        Regarding the relationship between Sasol and the unions,
        Sasol has excellent relationships with the labour unions,
        namely CEPPWAWU, SACWU and Solidarity. Sasol was
        instrumental and played a significant role in the formation
        of the Chemical Industry Bargaining Council. The current
        Chairperson of the Council is a senior manager at Sasol.
        Regular meetings are held with all the unions’ leaders.
        Regular interaction with regional structures and shop
        stewards has resolved many differences between workers and
        management. Sasol also has a number of full-time shop
        stewards who share offices with the labour relations
        department.
   
   
   
        The last strike at Sasol’s chemical and petroleum operations
        took place in 1998 and was part of a national strike. Joint
        union/management forums have addressed many important
        issues, such as restructuring, BEE, employment equity and
        productivity improvement.
   
   
   
        Induction training in safety and compliance with national
        standards for the chemical industry is presented to Sasol
        employees and hired labour contractors. Contractors receive
        six hours of basic training plus two hours of plant-specific
        training. Sasol employees receive the same training, as well
        as fire and gas training because they are involved in
        dealing with such emergencies. Artisan-specific safety
        training is associated with their trade, for example.
        welding or boilermaking. Annual knowledge assessments of
        persons that were trained are also conducted. This is a
        prerequisite before entry permits are re-issued.
   
   
        In respect of possible legislative changes, Sasol is
        satisfied with the quality of legislation although some
        unintended consequences have been identified.
   
   
        Regarding working relations with the Department of Labour,
        especially in relation to inspections, all DOL personnel
        with a valid ID (DOL card) have access to the plant even
        without a Sasol permit. Personnel are, however, required to
        report to an identified Sasol Synfuels Safety Officer in the
        interest of the person’s safety.  Sasol has recently
        accommodated a large number of trainee inspectors during
        shutdowns, who work with the DOL to grow competence in this
        regard.
   
   
        Sasol has never obstructed the DOL in the execution of its
        duties. Many inspections have taken place on many fronts,
        such as employment equity inspections, skills plan
        verifications, and health and safety inspections. During the
        recent incidents the DOL inspectorate was immediately
        contacted and full co-operation was given.
        In respect of the length of the counseling process,
        employees can access seven counseling sessions per problem.
        Each session can range from 45 minutes to one-and-a-half
        hours, and is scheduled at the employee’s convenience.
   
   
        Employment Assistance Programme (EAP) counseling services
        occur both telephonically and face-to-face. An external
        service provider is used to ensure confidentiality.
        Telephonic counseling is available 24 hours a day. Every
        Sasol employee and their households have access to the
        services free of charge. Counseling services are
        multilingual and are provided by professional counselors.
        The service can be accessed privately off site, and no
        details of the counseling service are revealed to Sasol.
   
   
   
        Following a workplace-critical incident the EAP service
        provider is on site within 2 hours. The type of counseling
        given to primary and secondary victims of a critical
        incident takes the form of group or individual sessions.
        These sessions are 2 hours long depending on the size of the
        group.
   
        Thereafter structured debriefing sessions are set up with
        individuals, teams, and couples or families as requested. If
        ongoing counseling is needed,  employees can approach the
        EAP service provider. Survivors of trauma are carefully
        monitored and referred for counseling if needed.
   
   
        There is no formalised career guidance system under Sasols
        corporate governance for artisans and technical staff. Sasol
        provides excellent training courses for these employees to
        reach supervisory and management levels. An example of such
        courses is the National Qualifications Framework (NQF)
        accredited Frontline Supervisors Course. Sasol’s innovative
        Accelerated Leadership Development Programme for Black
        employees prepares and guides young Black leadership talent
        over a period of two years to reach senior management
        levels. A number of current Black senior promotions have
        emerged from this programme.
   
   
        All representatives are trained immediately after their
        appointment. They conduct dedicated monthly inspections, and
        participate in incident investigations. They also attend
        statutory safety meetings involved in task risk assessments
        and participate in third party audits such as NOSA.
   
   
        Sasol does not consider executive safety representative
        duties as time lost, but rather as time well spent in the
        best interest of employees and the employer.
   
   
      Examples are as follows:
   
   
    (1)   Two hours per month for monthly inspections and continuous
        observation during time at work.
    (2)   NOSA audit - a full day is spent with auditors, and
        representatives are usually released from their normal
        duties.
    (3)   Accompany the DOL during visits for approximately one
        hour.
    (4)   Participation in incident investigations – two to four
        hours per incident.
    (5)   Task Risk Assessments - approximately two hours per month.
    (6)   Attendance of statutory safety meetings - approximately
        two hours per quarter.
        In respect of the impact of accidents on the morale of
        employees, investigations into the accidents are being
        carried out. These investigations will determine the
        underlying cause of the accidents. However, as it is natural
        in any environment wherein workers have experienced a trauma
        and loss of colleagues, there is an impact on the morale of
        the employees. Despite being concerned, employees at these
        sites have rallied to assist their workmates and families.
        There is a sense of caring and responsibility towards each
        other. The EAP service provider and management are closely
        involved in monitoring the situation and providing
        counseling and support where needed or requested.
   
   
        Prior to starting work, contractors undergo training on
        relevant safety rules. During shutdowns, safety watchers are
        appointed and receive specialised safety training to monitor
        safety and behaviour on site during the execution of work.
        Persons not complying with safety rules are reprimanded and
        on repetitive non-compliance are removed from site.
        Natref does not operate its own trucking services.
        Contractor truck drivers are trained and tested on the
        safety and loading procedures of the site. The training and
        testing is repeated every 12 months. It is not possible to
        control the fatigue of drivers since it is difficult to
        control their working hours.  This matter will be accounted
        for by the transport industry.
        No contractors are allowed on site without proof of having
        undergone the relevant safety training. A site permit will
        only be issued once proof of safety training has been
        proven. All contractors are audited for registration under
        the Compensation for Occupational Injuries and Diseases Act
        and other labour legislation with the Compensation
        Commissioner.
   
   
        Sasol endeavors to respond to requests for information as
        soon as possible. Delays may, however, occur where these
        requests are lengthy and require a large amount of
        information from different departments within the
        organisation. A reasonable amount of time is, therefore,
        required to collate this information.
   
   
        On the concern around the graph analysis on significant
        fires, explosions and releases, Sasol is not satisfied with
        this performance and is working hard at improvement.
        Internationally, the accepted way to address the issue of
        fires, explosions and releases, is through safety
        management. Sasol has started to introduce a system that has
        14 elements and focuses on the technical systems and aspects
        of the plant safety.
   
   
        Over the past five years Sasol has been tracking significant
        fires, explosions and releases. However, the graphical
        presentation reflects an improvement of 41 during the
        2000/01 financial year and 26 in 2003/04. As a result of
        these relatively small numbers, statistically one cannot
        expect a completely smooth pattern.
        In some Sasol factories the lifespan of machinery is over 50
        years. A way of sustaining the integrity as well as the
        safety of the plants is by conducting shutdowns, which is
        the period during which equipment is inspected. If equipment
        falls outside the agreed industry standards, the equipment
        is replaced. For example, three reactors that were over 30
        years of age and found to be inadequate, were replaced.   In
        essence, a plant is renewed through the renewal maintenance
        programmes.
        One method of ascertaining the lifespan of the equipment is
        by measuring the thickness of the pipes through ultrasonic
        wall thickness testing. This is an ongoing maintenance
        programme wherein the whole site is subdivided into a map,
        and the inspectors do the ultrasonic testing on a daily
        basis. The results are captured in a database where they can
        be used for predictions.
   
   
        Over the past four years, the company had found that
        although many people complied with all the requirements,
        some do not. About four years ago, the company realised that
        there was a need to train people on what the plants
        required. Over 250 people have been trained in fitting and
        turning, boilermaking, welding, electrical instrumentation,
        electrical analysing and diesel mechanics. After training,
        they are tested at Sasol training centres to ensure that
        they meet the requirements and are released back into the
        market. Apart from the training provided to people who are
        trained for the company, Sasol is involved in community
        upliftment projects. About 150 people from communities were
        trained as artisans. The company also ensured that the
        latter was absorbed by contractors. Sasol has also entered
        into an agreement with CHIETA for training shutdown workers.
        However, contractors that are appointed by Sasol do not get
        involved in the training of workers.
   
   
        Regarding the incident of 1 September 2004 where the
        presiding officer at the training unit wanted to allow the
        investigating officer from the South African Police Service
        (SAPS) to question the witness at a formal enquiry, but the
        legal representative of Sasol made an appeal to the Chief
        Inspector of the DOL relating to interpretation of the
        Occupational Health and Safety Act. It centred on the fact
        that the employees were entitled to a right to silence in
        terms of the constitution.
   

   b. Presentation by DOL

    The DOL reported on the four recent incidents that occurred at
      Sasol.
   
   
    Deliberations
   
   
        The Committee expressed concern at the delays in the
        investigation of incidents and delays in the arrival of DOL
        inspectors during the incident at Natref. From the side of
        the DOL, delays often result from the fact that some of the
        investigations were technical in nature, and required
        technical experts. The Committee is concerned at whether
        there is a possibility of short-circuiting the process.
   
   
        The Committee sought clarity on the frequency of inspections
        in the gas industry, and whether the inspectors have enough
        capacity to conduct inspections in that industry, the DOL
        conducted regular inspections at workplaces. By the end of
        2004, over 100 000 inspections were conducted around the
        country, and high-risk areas were identified. By the end of
        2004, about 185 incidents were reported.
   
   
        In relation to the capacity and pro-active nature of
        inspectors, a number of unannounced inspections were
        conducted. The challenge is the retention of scarce skills,
        as well as developing confidence of inspectors to deal with
        intimidating industries like Sasol with its legal capacity.
   
   
        With the Occupational Health and Safety Act the DOL
        monitored compliance by issuing improvement, contravention
        and prohibition notices. From April 2004 to December 2004
        almost 800 prohibition notices were issued.
   
   
        In relation to the lifespan of equipment, most equipment at
        Sasol is manufactured from high quality steel. Records on
        maintenance must be kept.
   
   
        On delays in getting autopsy reports, the DOL has no control
        over post-mortem reports. The preliminary report on the
        Sasol incident that occurred in September 2004 would be
        ready by the end of March 2005. The DOL is currently in the
        process of finalising the skills requirements and
        identifying high-risk sectors.
   

   D. Resolutions

     1) The DOL must provide the Committee with the final reports on
        inspections conducted at Sasol Secunda and Natref plants.
     2) The Committee should visit the Sasol chemical plant in
        Secunda within the current year.
     3) The DOL should provide the Committee with a database of
        subcontractors, as well as records of all inspections
        conducted at Sasol plants.
     4) The Committee, in consultation with other stakeholders,
        should consider the DuPont report and its recommendations ----------------------- [1] The Department was allocated a capital budget of R5 790.  However, the Department had already spent    R 19852 at the end of the first quarter. [2] The Department has further indicated that the court case has been active for a long time.  The community won the first case, which was then appealed by the Department.  The court ruled in the Department’s favour following the appeal, but the community has appealed that judgment again.